[Title 33 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2010 Edition]
[From the U.S. Government Printing Office]



[[Page i]]

          

          33


          Parts 125 to 199

                         Revised as of July 1, 2010


          Navigation and Navigable Waters
          



________________________

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2010
          With Ancillaries
                    Published by
                    Office of the Federal Register
                    National Archives and Records
                    Administration
                    A Special Edition of the Federal Register

[[Page ii]]

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                            Table of Contents



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

  Title 33:
          Chapter I--Coast Guard, Department of Homeland 
          Security (Continued)                                       3
  Finding Aids:
      Table of CFR Titles and Chapters........................     947
      Alphabetical List of Agencies Appearing in the CFR......     967
      List of CFR Sections Affected...........................     977

[[Page iv]]





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

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

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

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

LEGAL STATUS

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

HOW TO USE THE CODE OF FEDERAL REGULATIONS

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Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
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OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
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    What is a proper incorporation by reference? The Director of the 
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    (b) The matter incorporated is in fact available to the extent 
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that volume.

[[Page vii]]

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    Raymond A. Mosley,
    Director,
    Office of the Federal Register.
    July 1, 2010.







[[Page ix]]



                               THIS TITLE

    Title 33--Navigation and Navigable Waters is composed of three 
volumes. The contents of these volumes represent all current regulations 
codified under this title of the CFR as of July 1, 2010. The first and 
second volumes, parts 1-124 and 125-199, contain current regulations of 
the Coast Guard, Department of Homeland Security. The third volume, part 
200 to end, contains current regulations of the Corps of Engineers, 
Department of the Army, and the Saint Lawrence Seaway Development 
Corporation, Department of Transportation.

    For this volume, Cheryl E. Sirofchuck was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of 
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 Homeland Security 
  (Continued)...............................................         125


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

[[Page 3]]



   CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)




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

                   SUBCHAPTER L--WATERFRONT FACILITIES
Part                                                                Page
125             Identification credentials for persons 
                    requiring access to waterfront 
                    facilities or vessels...................           7
126             Handling of dangerous cargo at waterfront 
                    facilities..............................          16
127             Waterfront facilities handling liquefied 
                    natural gas and liquefied hazardous gas.          24
128             Security of passenger terminals.............          49
SUBCHAPTER M--MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION
133             Oil spill liability trust fund; State access          53
135             Offshore oil pollution compensation fund....          55
136             Oil spill liability trust fund; claims 
                    procedures; designation of source; and 
                    advertisement...........................          63
137             Oil spill liability: Standards for 
                    conducting all appropriate inquiries 
                    under the innocent land-owner defense...          73
138             Financial responsibility for water pollution 
                    (vessels) and OPA 90 limits of liability 
                    (vessels and deepwater ports)...........          82
            SUBCHAPTER N--OUTER CONTINENTAL SHELF ACTIVITIES
140             General.....................................          98
141             Personnel...................................         105
142             Workplace safety and health.................         109
143             Design and equipment........................         111
144             Lifesaving appliances.......................         115
145             Fire-fighting equipment.....................         119
146             Operations..................................         120
147             Safety zones................................         127
                     SUBCHAPTER NN--DEEPWATER PORTS
148             Deepwater ports: General....................         137

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149             Deepwater ports: Design, construction, and 
                    equipment...............................         165
150             Deepwater ports: Operations.................         187
                         SUBCHAPTER O--POLLUTION
151             Vessels carrying oil, noxious liquid 
                    substances, garbage, municipal or 
                    commercial waste, and ballast water.....         214
153             Control of pollution by oil and hazardous 
                    substances, discharge removal...........         266
154             Facilities transferring oil or hazardous 
                    material in bulk........................         273
155             Oil or hazardous material pollution 
                    prevention regulations for vessels......         352
156             Oil and hazardous material transfer 
                    operations..............................         433
157             Rules for the protection of the marine 
                    environment relating to tank vessels 
                    carrying oil in bulk....................         445
158             Reception facilities for oil, noxious liquid 
                    substances, and garbage.................         507
159             Marine sanitation devices...................         518
                SUBCHAPTER P--PORTS AND WATERWAYS SAFETY
160             Ports and waterways safety--general.........         536
161             Vessel traffic management...................         547
162             Inland waterways navigation regulations.....         561
163             Towing of barges............................         584
164             Navigation safety regulations...............         585
165             Regulated navigation areas and limited 
                    access areas............................         609
166             Shipping safety fairways....................         843
167             Offshore traffic separation schemes.........         856
168             Escort requirements for certain tankers.....         866
169             Ship reporting systems......................         868
                       SUBCHAPTERS Q-R [RESERVED]
                      SUBCHAPTER S--BOATING SAFETY
173             Vessel numbering and casualty and accident 
                    reporting...............................         875
174             State numbering and casualty reporting 
                    systems.................................         881
175             Equipment requirements......................         885
177             Correction of especially hazardous 
                    conditions..............................         891
179             Defect notification.........................         895
181             Manufacturer requirements...................         897
183             Boats and associated equipment..............         902
184-186         [Reserved]

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187             Vessel identification system................         936
188-199         [Reserved]

[[Page 7]]



                   SUBCHAPTER L_WATERFRONT FACILITIES



PART 125_IDENTIFICATION CREDENTIALS FOR PERSONS 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 Security Cards.
125.13 Captain of the Port Identification Cards.
125.15 Access to waterfront facilities, and port and harbor areas, 
          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 vessels operating on 
          navigable waters of the United States (including the Great 
          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 Coast Guard 
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 Coast Guard, 
under the command of a District Commander, so designated by the 
Commandant for the purpose of giving immediate direction to Coast Guard 
law enforcement activities within the general proximity of the port in 
which he is situated.



Sec. 125.06  Western rivers.

    The term western rivers as used in the regulations in this 
subchapter shall include only the Red River of the North, the 
Mississippi River and its tributaries above the Huey P. Long Bridge, and 
that part of the Atchafalaya River above its junction with the 
Plaquemine-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 which vessels may be 
secured, buildings on such structures or contiguous to them, and 
equipment and materials on such structures or in such buildings.



Sec. 125.08  Great Lakes.

    The term Great Lakes as used in the regulations in this subchapter 
shall include the Great Lakes and their connecting and tributary waters.

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



Sec. 125.09  Identification credentials.

    The term Identification credentials as used in this subchapter, 
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 enforcement and 
intelligence agencies to their officers and employees (e. g., Department 
of the Treasury, Department of Justice, Federal Communications 
Commission).
    (e) Identification credentials issued to public safety officials (e. 
g., police, firemen) when acting within the scope of their employment.
    (f) Transportation Worker Identification Credential.
    (g) Such other identification as may be approved by the Commandant 
from time to time.

[CGD 56-15, 21 FR 2940, May 3, 1956, as amended by CGD 77-228, 43 FR 
53427, Nov. 16, 1978; Coast Guard-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 under 
the provisions of this subchapter shall be a laminated card bearing 
photograph, signature, fingerprint, and personal description of the 
holder, 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) shall be valid 
for a period of eight years from the date of issuance thereof unless 
sooner suspended or revoked by proper authority. On the first day after 
eight years from the date of issuance, the Coast Guard Port Security 
Card (Form CG-2514) is hereby declared invalid and shall be considered 
null and void for all purposes.
    (b) The holder of a Coast Guard Port Security Card, which is about 
to expire or has expired, may apply for a new Coast Guard Port Security 
Card in accordance with the procedures set forth in Sec. 125.21. In the 
event the applicant's Coast Guard Port Security Card has expired, such 
card shall accompany the application for a new Coast Guard Port Security 
Card. In the event the applicant is holding a valid Coast Guard Port 
Security Card at the time he submits his application for a new card, 
such person shall surrender the old or expired Coast Guard Port Security 
Card at the time he is issued a new Coast Guard Port Security Card. In 
the event the old Coast Guard Port Security Card was lost, stolen, or 
destroyed, then the applicant shall comply with the provisions in Sec. 
125.51, regarding the replacement of a lost Coast Guard Port Security 
Card and the new card issued as a replacement for a lost card which has 
expired or is about to expire shall bear a current issuance 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 form 
designation ``Form CG 2514'' prior to the revision of August 1950 were 
declared invalid by a notice published in the Federal Register on 
September 11, 1946 (11 FR 10103), which declaration 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 the 
Port of certain ports to prevent access of persons who do not possess 
one or more of the identification credentials listed in Sec. 125.09 to 
those waterfront facilities, and port and harbor areas, including 
vessels and harbor craft therein, where the following 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 other 
dangerous cargo.
    (4) Those essential to the interests of national security and 
defense, to prevent loss, damage or injury, or to insure the observance 
of rights and obligations of the United States.
    (b) No person who does not possess one of the identification 
credentials aforesaid shall enter or remain in such facilities, or port 
or harbor areas, including vessels and harbor craft therein.
    (c) The Captain of the Port shall give local public notice of the 
restriction of

[[Page 9]]

access to waterfront facilities, and port and harbor areas, including 
vessels and harbor craft therein, as far in advance as practicable, and 
shall cause such facilities and areas to be suitably marked as to such 
restriction.

[CGFR 56-15, 21 FR 2940, May 3, 1956, as amended by CGFR 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 Port 
Security Cards:
    (1) Persons regularly employed on vessels or on waterfront 
facilities.
    (2) Persons having regular public or private business connected with 
the operation, maintenance, or administration of vessels, their cargoes, 
or waterfront facilities.
    (b) A holder of a Merchant Mariner's Document shall not be issued a 
Port Security Card, unless his Merchant Mariner's Document is 
surrendered to the Coast Guard. In this connection, see Sec. 125.09.

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



Sec. 125.19  Standards.

    Information concerning an applicant for a Coast Guard Port Security 
Card, or a holder of such card, which may preclude a determination that 
his character and habits of life are such as to warrant the belief that 
his presence on waterfront facilities, and port and harbor areas, 
including vessels and harbor craft therein, would not be inimical to the 
security of the United States, shall relate to the following:
    (a) Advocacy of the overthrow or alteration of the Government of the 
United States by unconstitutional means.
    (b) Commission of, or attempts or preparations to commit, an act of 
espionage, sabotage, sedition or treason, or conspiring with, or aiding 
or abetting another to commit such an act.
    (c) Performing, or attempting to perform, duties or otherwise acting 
so as to serve the interests of another government to the detriment of 
the United States.
    (d) Deliberate unauthorized disclosure of classified defense 
information.
    (e) [Reserved]
    (f) Having been adjudged insane, having been legally committed to an 
insane asylum, or treated for serious mental or neurological disorder, 
without evidence of cure.
    (g) Having been convicted of any of the following offenses, 
indicative of a criminal tendency potentially dangerous to the security 
of such waterfront facilities and port and harbor areas, including 
vessels and harbor craft therein; arson, unlawful trafficking in drugs, 
espionage, sabotage, or treason.
    (h) Drunkenness on the job or addiction to the use of narcotic 
drugs, without adequate evidence of rehabilitation.
    (i) Illegal presence in the United States, its territories or 
possessions; having been found finally subject to deportation order by 
the United States Immigration and Naturalization Service.

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



Sec. 125.21  Applications.

    (a)(1) Application for a Coast Guard Port Security Card shall be 
made under oath in writing and shall include applicant's answers in full 
to inquiries with respect to such matters as are deemed by the 
Commandant to be pertinent to the standards set forth in Sec. 125.19, 
and to be necessary for a determination whether the character and habits 
of life of the applicant are such as to warrant the belief that his 
presence on waterfront facilities, and port 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 complete 
identification, citizenship record, personal description, military 
record, if any, and a statement of the applicant's sponsor certifying 
the applicant's employment or union membership and that applicant's 
statements are true and correct to the best of sponsor's knowledge.
    (3) The application shall be accompanied by two unmounted, dull 
finish photographs, 1 inch x 1\15/16\ inches, of passport type, taken 
within one year of

[[Page 10]]

the date of application. The photograph shall show the full face with 
the head uncovered and shall be a clear and satisfactory likeness of the 
applicant. It shall portray the largest image of the head and upper 
shoulders possible within the dimensions specified.
    (4) Fingerprint records on each applicant shall be taken by the 
Coast Guard at the time application is submitted.
    (5) The applicant shall present satisfactory proof of his 
citizenship.
    (6) The applicant shall indicate the address to which his Coast 
Guard Port Security Card can be delivered to him by mail. Under special 
circumstances the applicant may arrange to call in person for the Coast 
Guard Port Security Card.
    (7) The applicant shall present his application, in person, to a 
Coast Guard Port Security Unit designated to receive such applications. 
Such units will be located in or near each port where Coast Guard Port 
Security Cards are required. Each Captain of the Port shall forward 
promptly to the Commandant each application for a Coast Guard Port 
Security Card received by him.
    (b) If an applicant fails or refuses to furnish the required 
information or to make full and complete answer with respect to all 
matters of inquiry, the Commandant shall hold in abeyance further 
consideration of the application, and shall notify the applicant that 
further action will not be taken unless and until the applicant 
furnishes the required information and fully and completely answers all 
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 in 
this section in the order of its desirability; however, the Coast Guard 
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 all 
persons claiming citizenship through naturalization.
    (c) Baptismal certificate or parish record recorded within one year 
after birth.
    (d) Statement of a practicing physician certifying that he attended 
the birth and that he has a record in his possession showing the 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 of 
having been commissioned in one of the armed forces subsequent to 
January 1, 1936, provided such commission or evidence shows the holder 
to be a citizen.
    (g) A continuous discharge book, or Merchant Mariner's Document 
issued by the Coast Guard which shows the holder to be a citizen of the 
United States.
    (h) If an applicant claiming to be a citizen of the United States 
submits a delayed certificate of birth issued under a State's seal, it 
may be accepted as prima facie evidence of citizenship if no one of the 
requirements in paragraphs (a) through (g) of this section can be met by 
the applicant and in the absence of any collateral facts indicating 
fraud in its procurement.
    (i) If no one of the requirements in paragraphs (a) through (h) of 
this section can be met by the applicant, he should make a statement to 
that effect, and in an attempt to establish citizenship, he may submit 
for consideration data of the following character:
    (1) Report of the Census Bureau showing the earliest record of age 
or birth available. Request for such information should be addressed to 
the Director of the Census, Suitland, Md. 20233. In making such request, 
definite information must be furnished the Census Bureau as to the place 
of residence when the first census was taken after the birth of the 
applicant, giving the name of the street and the number of the house, or 
other identification of place where living, etc.; also names of parents 
or the names of other persons with whom residing on 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 and documents

[[Page 11]]

which indicated the country of which the applicant is a citizen shall be 
accepted as evidence of citizenship in a foreign nation.



Sec. 125.27  Sponsorship of applicant.

    Applications for a Coast Guard Port Security Card shall not be 
accepted unless sponsored. The applicant shall be sponsored by an 
authorized official of applicant's employer or by an authorized official 
of applicant's labor union. Each company and each labor union concerned 
shall file with the appropriate Captain of the Port a list of officials 
of the company or union who are authorized to sponsor applicants. Other 
sponsorship may be accepted where the circumstances warrant.



Sec. 125.29  Insufficient information.

    (a)(1) If, in the judgment of the Commandant, an application does 
not contain sufficient information to enable him to satisfy himself that 
the character and habits of life of the applicant are such to warrant 
the belief that his presence on waterfront facilities, and port and 
harbor areas, including vessels and harbor craft herein, would not be 
inimical to the security of the United States, the Commandant may 
require the applicant to furnish, under oath in writing or orally, such 
further information as he deems pertinent to the standards set forth in 
Sec. 125.19 and necessary to enable him to make such a determination.
    (2) If an applicant fails or refuses to furnish such additional 
information, the Commandant shall hold in abeyance further consideration 
of the application, and shall notify the applicant that further action 
will not be taken unless and until the applicant furnishes such 
information.
    (b) Upon receipt, the application and such further information as 
the Commandant may have required shall be referred, except in those 
instances where action on an application is held in abeyance pursuant to 
Sec. 125.21(b) or to paragraph (a)(2) of this section, to a committee 
composed of a representative of the Legal Division, of the Merchant 
Vessel Personnel Division and of the Intelligence Division, Coast Guard 
Headquarters. The committee shall prepare an analysis of the available 
information and shall make recommendations for action by the 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 habits of 
life of the applicant are not such as to warrant the belief that his 
presence on waterfront facilities, and port and harbor areas, including 
vessels and harbor craft therein, would be inimical to the security of 
the United States, he will direct that a Coast Guard Port Security Card 
be issued to the applicant.
    (b) If the Commandant is not satisfied that the character and habits 
of life of the applicant are such as to warrant the belief that his 
presence on waterfront facilities, and port and harbor areas, including 
vessels and harbor craft therein, would not be inimical to the security 
of the United States, he will notify the applicant in writing 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 character and 
habits of life of a holder of a Coast Guard Port Security Card are such 
as to warrant the belief that his presence on waterfront facilities and 
port and harbor areas, including vessels and harbor craft therein, would 
not be inimical to the security of the United States, he will request 
the holder to furnish, under oath in writing, such information as he 
deems pertinent and necessary for a determination on this issue.
    (b) If the holder fails or refuses to furnish such information 
within thirty (30) days after receipt of the Commandant's request, the 
Commandant may issue the written notice provided for in Sec. 125.35(a).
    (c) The holder's failure or refusal to furnish such information 
shall preclude a determination that the holder's character and habits of 
life are such as to warrant the belief that his presence on waterfront 
facilities, and port and harbor areas, including vessels and harbor 
craft therein, would not be inimical to the security of the United 
States.

[[Page 12]]

    (d) Upon receipt of such information as the Commandant may have 
required, the procedure prescribed in Sec. 125.29(b) shall be followed.
    (e) If the Commandant is satisfied that the character and habits of 
life of the holder are such as to warrant the belief that his presence 
on waterfront facilities, and port and harbor areas, including vessels 
and harbor craft therein, would not be inimical to the security of the 
United States, he shall notify the holder accordingly.
    (f) If the Commandant is not satisfied that the character and habits 
of life of the holder are such as to warrant the belief that his 
presence on waterfront facilities, and port and harbor areas, including 
vessels and harbor craft therein, would not be inimical to the security 
of the United States, he shall notify the holder in writing 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 and 125.33 shall 
contain a statement of the reasons why the Commandant is not satisfied 
that the character and habits of life of the applicant or holder are 
such as to warrant the belief that his presence on waterfront 
facilities, and port and harbor areas, including vessels and harbor 
craft therein, would not be inimical to the security of the United 
States. Such notice shall be as specific and detailed as the interests 
of national security shall permit and shall include pertinent 
information such as names, dates, and places in such detail as to permit 
reasonable answer.
    (b) The applicant or holder shall have 20 days from the date of 
receipt of the notice of reasons to file written answer thereto. Such 
answer may include statements or affidavits by third parties or such 
other documents or evidence as the applicant or holder deems pertinent 
to the matters in question.
    (c) Upon receipt of such answer the procedure prescribed in Sec. 
125.29(b) shall be followed.
    (d) If the Commandant is satisfied that the character and habits of 
life of the applicant or holder are such as to warrant the belief that 
his presence on waterfront facilities, and port and harbor areas, 
including vessels and harbor craft therein, would not be inimical to the 
security of the United States, he shall, in the case of an applicant, 
direct that a Coast Guard Port Security Card be issued to the applicant, 
or, in the case of a holder, notify him accordingly.
    (e) If the Commandant is not satisfied that the applicant's or 
holder's character and habits of life are such as to warrant the belief 
that his presence on waterfront facilities, and port and harbor areas, 
including vessels and harbor craft therein, would not be inimical to the 
security of the United States, the Commandant shall refer the matter to 
a Hearing Board for hearing and recommendation in accordance with the 
provisions of this part.



Sec. 125.37  Hearing Boards.

    The Commandant may establish a Hearing Board in each Coast Guard 
District. The Commandant shall designate for each Hearing Board a 
Chairman, who shall be, so far as practicable, an officer of the Coast 
Guard. The Commandant shall designate, so far as practicable, a second 
member from a panel of persons representing labor named by the Secretary 
of Labor, and a third member from a panel of persons representing 
management named by the Secretary of Labor.



Sec. 125.39  Notice by Hearing Board.

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

[[Page 13]]

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



Sec. 125.41  Challenges.

    Within five days after receipt of the notice described in Sec. 
125.39 the applicant or holder may request disqualification of any 
member of the Hearing Board on the grounds of personal bias or other 
cause. The request shall be accompanied by an affidavit setting forth in 
detail the facts alleged to constitute grounds for disqualification. The 
affidavit may be supplemented by an oral presentation if desired. If 
after due consideration the Chairman believes a challenged member is 
qualified notwithstanding the challenge, he shall notify the person who 
made the challenge and arrange to proceed with the hearing. If the 
person who made the challenge takes exception to the ruling of the 
Chairman, the exception and data relating to the claim of 
disqualification shall be made a matter of record. If the Chairman finds 
that there is reasonable ground for disqualification he shall furnish 
the person who made the challenge with the name of an alternate in lieu 
of the challenged member and arrange to proceed with the hearing. In the 
event the Chairman is challenged, he shall forthwith notify the 
Commandant, furnishing the grounds for the claim of disqualification, 
and the Commandant shall act upon the challenge in accordance with the 
foregoing procedure. In addition to the right to challenge for cause, a 
person who has requested a hearing shall have two peremptory challenges, 
one challenge for the management member and one challenge for the labor 
member of the Hearing Board. Should the management member be so 
challenged, the person who made the challenge may elect to have the 
management member replaced by another management member or by a member 
not representing either management or labor; if the member peremptorily 
challenged represents labor, the person who made the challenge may elect 
to have the labor member replaced by another labor member 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 a 
serious, businesslike atmosphere of dignity and decorum and shall be 
expedited as much as possible.
    (b) The hearing shall be in open or closed session at the option of 
the applicant or holder.
    (c) Testimony before the Hearing Board shall be given under oath or 
affirmation.
    (d) The Chairman of the Hearing Board shall inform the applicant or 
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 behalf and 
in refutation of the reasons set forth in the Notice of the Commandant; 
and
    (4) Cross-examine any witnesses offered in support of such reasons.
    (e) Hearings shall be opened by the reading of the Notice of the 
Commandant and the answer thereto. Any statement and affidavits filed by 
the applicant or holder may be incorporated in the record by reference.
    (f) The Hearing Board may, in its discretion, invite any person to 
appear at the hearing and testify. However, the Board shall not be bound 
by the testimony of such witness by reason of having called him and 
shall have full right to cross-examine the witness. Every effort shall 
be made to produce material witnesses to testify in support of the 
reasons set forth in the Notice of the Commandant, in order that such 
witnesses may be confronted and cross-examined by the applicant or 
holder.
    (g) The applicant or holder may introduce such evidence as may be 
relevant and pertinent. Rules of evidence shall not be binding on the 
Hearing Board, but reasonable restrictions may be imposed as to the 
relevancy, competency and materiality of matters considered. If the 
applicant or holder is, or may be, handicapped by the non-disclosure to 
him of confidential sources, or by the failure of witnesses to appear, 
the Hearing Board shall take the fact into consideration.
    (h) The applicant or holder or his counsel or representative shall 
have

[[Page 14]]

the right to control the sequence of witnesses called by him.
    (i) The Hearing Board shall give due consideration to documentary 
evidence 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 testimony 
by the applicant or holder before duly constituted authority.
    (j) Complete verbatim stenographic transcription shall be made of 
the hearing by qualified reporters and the transcript shall constitute a 
permanent part of the record. Upon request, the applicant or holder or 
his counsel or representative shall be furnished, without cost, a copy 
of the transcript of the hearing.
    (k) The Board shall reach its conclusion and base its determination 
on information presented at the hearing, together with such other 
information as may have been developed through investigation and 
inquiries or made available by the applicant or holder.
    (l) If the applicant or holder fails, without good cause shown to 
the satisfaction of the chairman, to appear personally or to be 
represented before the Hearing Board, the Board shall proceed with 
consideration of the matter.
    (m) The recommendation of the Hearing Board shall be in writing and 
shall be signed by all members of the Board. The Board shall forward to 
the Commandant, with its recommendation, a memorandum of reasons in 
support thereof. Should any member be in disagreement with the majority 
a dissent should be noted setting forth the reasons therefor. The 
recommendation of the Board, together with the complete record of the 
case, shall be sent to the Commandant as expeditiously as possible.



Sec. 125.45  Action by Commandant.

    (a) If, upon receipt of the Board's recommendation, the Commandant 
is satisfied that the character and habits of life of the applicant or 
holder are such as to warrant the belief that his presence on waterfront 
facilities, and port and harbor areas, including vessels and harbor 
craft therein, would not be inimical to the security of the United 
States, he shall, in the case of an applicant, direct that a Coast Guard 
Port Security Card be issued to the applicant, or, in the case of a 
holder, notify him accordingly.
    (b) If, upon receipt of the Board's recommendation, the Commandant 
is not satisfied that the character and habits of life of the applicant 
or holder are such as to warrant the belief that his presence on 
waterfront facilities, and port and harbor areas, including vessels and 
harbor craft therein, would not be inimical to the security of the 
United States, the Commandant shall:
    (1) In the case of an applicant, notify him that a Coast Guard Port 
Security Card will not be issued to the applicant, or,
    (2) In the case of a holder, revoke and require the surrender of his 
Coast Guard Port Security Card.
    (c) Such applicant or holder shall be notified of his right, and 
shall have 20 days from the receipt of such notice within which, to 
appeal 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 this 
part. The Commandant shall designate for the Appeal Board a Chairman, 
who shall be so far as practicable, an officer of the Coast Guard. The 
Commandant shall designate, so far as practicable, a member from a panel 
of persons representing management nominated by the Secretary of Labor, 
and a member from a panel of persons representing labor nominated by the 
Secretary of Labor. The Commandant shall insure that persons designated 
as Appeal Board members have suitable security clearance. The Chairman 
of the Appeal Board shall make all arrangements incident to the business 
of the Appeal Board.
    (b) If an applicant or holder appeals to the Appeal Board within 20 
days after receipt of notice of his right to appeal under this part, his 
appeal shall be handled under the same procedure as that specified in 
Sec. 125.39, and the privilege of challenge may be exercised through 
the same procedure as that specified in Sec. 125.41.

[[Page 15]]

    (c) Appeal Board proceedings shall be conducted in the same manner 
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, the 
Commandant is satisfied that the character and habits of life of the 
applicant or holder are such as to warrant the belief that his presence 
on waterfront facilities, and port and harbor areas, including vessels 
and harbor craft therein, would not be inimical to the security of the 
United States, he shall, in the case of an applicant, direct that a 
Coast Guard Port Security Card be issued to the applicant, or in the 
case of a holder, notify him accordingly.
    (b) If, upon receipt of the Appeal Board's recommendation, the 
Commandant is not satisfied that the character and habits of life of the 
applicant or holder are such as to warrant the belief that his presence 
on waterfront facilities, and port and harbor areas, including vessels 
and harbor craft therein, would not be inimical to the security of the 
United States, the Commandant shall notify the applicant 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 been stolen, 
lost, or destroyed shall report that fact to a Coast Guard Port Security 
Unit or Captain of the Port as soon thereafter as possible.
    (b) A person who has lost a Coast Guard Port Security Card may apply 
for a replacement card by submitting ``An Application for Replacement of 
Lost Port Security Card'' (Form CG 2685A) to a Coast Guard Port Security 
Unit. A replacement will be issued only after a full explanation of the 
loss of the Coast Guard Port Security Card is made in writing to the 
Coast Guard and after a full check is made and authorization is granted 
by the Commandant.
    (c) Any person to whom a Coast Guard Port Security Card has been 
issued as a replacement for a lost card, shall immediately surrender the 
original card to the nearest Coast Guard Port Security Unit or Captain 
of the Port if the original card should be recovered.



Sec. 125.53  Requirements for credentials; certain vessels operating on 

navigable waters of the United States (including the Great Lakes and Western 

Rivers).

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

[[Page 16]]

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

[CGFR 56-15, 21 FR 2940, May 3, 1956, as amended by CGFR 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 Port 
Security Card and who did not receive such a document prior to May 1, 
1956, shall submit a new application in accordance with the requirements 
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 Card before 
May 1, 1956, may file a new application for such a document in 
accordance with the requirements of this part.



PART 126_HANDLING OF DANGEROUS CARGO AT WATERFRONT 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 of the 
          publications mentioned in this part?
126.11 Waiver authority based on local or unusual conditions.
126.12 How do I request the use of an alternative method of complying 
          with a requirement in this part?
126.13 Designation of waterfront facilities.
126.15 What conditions must a designated waterfront facility meet?
126.16 Conditions for designating a ``facility of particular hazard.''
126.17 Permits required for handling designated dangerous cargo.
126.19 Issuance of permits for handling designated dangerous cargo.
126.21 Permitted transactions.
126.23 Termination or suspension of permits.
126.25 Penalties for handling designated dangerous cargo without 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 and hotwork?
126.31 Termination or suspension of general permit.
126.33 Penalties for handling dangerous cargo without permit.
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 and 
bulk-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 to materials in 
bulk and containerized freight.
    Bulk means without mark or count and directly loaded or unloaded to 
or from a hold or tank on a vessel without the use of containers or 
break-bulk packaging.
    Captain of the port or COTP means the officer of the Coast Guard, 
under the command of a District Commander, is designated by the 
Commandant for the purpose of giving immediate direction to Coast 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) materials 
listed in

[[Page 17]]

49 CFR 176.410, for which a permit is required under 49 CFR 176.415.
    (3) Division 4.3 dangerous when wet products as defined in 49 CFR 
173.124, in excess of 60 mt.
    (4) Division 2.3 and 6.1 poison inhalation hazard products as 
defined in 49 CFR 173.115 and 173.132, respectively.
    (5) Class 7 highway route controlled quantity radioactive material 
or fissile material, controlled shipment, as defined in 49 CFR 173.403.
    Commandant means the Commandant of the United States Coast Guard.
    Container means a reusable container that has a volume of 1.81 cubic 
meters (64 cubic feet) or more, is designed and constructed to permit 
being lifted with its contents intact, and is intended primarily for 
containment of packages (in unit form) during transportation.
    Dangerous cargo means all hazardous materials listed in 49 CFR 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 1.2 explosives as 
defined in 49 CFR 173.50.
    Designated waterfront facility means a waterfront facility 
designated under Sec. 126.13 for the handling, storing, loading, and 
discharging of any hazardous material(s) subject to the Dangerous 
Cargoes Regulations (49 CFR parts 170 through 179), except for those 
materials preceded by an ``A'' in the Hazardous Materials Table in 49 
CFR 172.101 and for those materials carried as bulk liquids.
    Facility of particular hazard means a designated waterfront facility 
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 waterfront facility.
    Net tons means net weight in tons.
    Net weight, in reference to material in a package, tank, or 
container, means the weight of the contents of a package, tank, or 
container and does not include the weight of any packaging material or 
containing devices.
    Transport unit means a transport vehicle or a container.
    Waterfront facility means all piers, wharves, and similar structures 
to which a vessel may be secured; areas of land, water, or land and 
water under and in the immediate proximity to these structures; 
buildings on or contiguous to these structures; and the equipment and 
materials on or in these structures or buildings. The term does not 
include facilities directly operated by the Department of Defense.

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



Sec. 126.5  Incorporation by reference: Where can I get a copy of the 

publications mentioned in this part?

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 U.S.C. 
552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in paragraph (b) of this section, we must publish a notice of 
change in the Federal Register and the material must be available to the 
public. All approved material is available for inspection at the U.S. 
Coast Guard, Vessel and Facility Operating Standards Division (CG-522), 
2100 2nd St. SW., Stop 7126, Washington, DC 20593-7126, and at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html. All approved material is available from 
the sources indicated in paragraph (b) of this section.
    (b) The materials approved for incorporation by reference in this 
part, and the sections affected, are as follows:

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

[[Page 18]]

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


[USCG-1998-4302, 68 FR 55441, Sept. 26, 2003, as amended at 69 FR 18803, 
Apr. 9, 2004; USCG-2010-0351, 75 FR 36283, June 25, 2010]



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

    Whenever the Commandant, the District Commander, or the Captain of 
the Port finds that the application of any provisions contained in 
Sec. Sec. 126.15 and 126.16 is not necessary to the safety or security 
of the port and vessels and waterfront facilities therein, or that its 
application is not practical because of local conditions or because the 
materials or personnel required for compliance are not available, or 
because the requirements of the national defense justify a departure 
from such provision, the Commandant, the District Commander, or the 
Captain of the Port may waive compliance with such provision, to the 
extent and under such requirements as they determine.

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



Sec. 126.12  How do I request the use of an alternative method of complying 

with a requirement in this part?

    (a) An owner or operator of a waterfront facility may request that 
the COTP allow the use of an alternative method of complying with a 
requirement in this part.
    (b) The request must establish, to the COTP's satisfaction--
    (1) That compliance with the requirement is economically or 
physically impractical; and
    (2) That the alternative requested provides an equivalent or greater 
level of safety.
    (c) The COTP examines the request and provides an answer, in 
writing, 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 in 
Sec. 126.15, unless waived under provisions of Sec. 126.11, and only 
such waterfront facilities are designated for the handling, storing, 
stowing, loading, discharging, or transporting of dangerous cargo, 
subject to compliance with other applicable requirements and provisions 
set forth in this part.
    (b) Handling, storing, stowing, loading, discharging, or 
transporting dangerous cargo at any waterfront facility other than one 
designated by this section is hereby prohibited, and violation of this 
prohibition will subject the violator to the civil or criminal penalties 
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 by CGD 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 extinguishing equipment, such 
as automatic sprinklers, hydrants, hose connections, and firefighting 
water supplies must be available and maintained in adequate quantities 
and locations. Fire extinguishing equipment must meet State and local 
laws. In the absence of applicable State and local 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, and fire alarm 
boxes must be conspicuously marked and readily accessible according to 
NFPA 10, 13, 14, and 307.
    (3) Warning signs. Warning signs must be constructed and installed 
according to NFPA 307, chapter 7-8.7.
    (4) Lighting. If the facility transfers dangerous cargo between 
sunset and sunrise, it must have outdoor lighting

[[Page 19]]

that adequately illuminates the transfer work area. The lighting must be 
installed and maintained according to NFPA 70 (Incorporated by 
reference, see Sec. 126.5.) and must be located or shielded so that it 
cannot be mistaken for an aid to navigation and does not interfere with 
navigation on waterways.
    (5) International shore connection. If the facility conducts cargo 
operations involving foreign-flag vessels, the facility must have an 
international shore connection meeting ASTM F-1121. (Incorporated by 
reference, see Sec. 126.5.)
    (6) Access to the facility. Whenever dangerous cargo is transferred 
or stored on the facility, access to the facility must be limited to--
    (i) Personnel working on the facility or vessel;
    (ii) Delivery and service personnel authorized to conduct their 
business;
    (iii) Coast Guard and other Federal, State, and local officials;
    (iv) Local emergency personnel, such as police officers and firemen; 
and
    (v) Other persons authorized by the owner or operator of the 
facility.
    (7) Security measures. Guards must be stationed, or equivalent 
controls acceptable to the COTP must be used, to deter and detect 
unlawful entrance; to detect and report fire hazards, fires, and 
releases of dangerous cargoes and hazardous materials; to check the 
readiness of protective equipment; and to report other emergency 
situations at the facility.
    (8) Coast Guard personnel. At any time, Coast Guard personnel must 
be allowed to enter the facility to conduct inspections or board vessels 
moored at the facility.
    (9) Material handling equipment, trucks, and other motor vehicles. 
When dangerous cargo is being transferred or stored on the facility, 
material handling equipment, trucks, and other motor vehicles operated 
by internal combustion engines must meet the requirements of NFPA 307, 
chapter 9.
    (10) Smoking. Smoking is allowed on the facility where permitted 
under State or local law. Signs must be posted marking authorized 
smoking areas. ``No Smoking'' signs must be conspicuously posted 
elsewhere on the facility.
    (11) Rubbish and waste material. All rubbish, debris, and waste 
materials must be placed in adequate receptacles.
    (12) Adequacy of equipment, materials, and standards. The COTP may 
determine that any equipment, material, or standard is not reasonably 
adequate under the circumstances. If so, the COTP informs the owner or 
operator in writing and provides an opportunity for the owner or 
operator to have the deficiency corrected.
    (b) All designated waterfront facilities that handle dangerous 
cargo, 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 the facility must 
be arranged to provide access for firefighting and clearance for fire 
prevention according to NFPA 307, chapter 8-5.
    (2) Portable fire extinguishers. Each facility must have and 
maintain, in adequate quantities and locations, portable fire 
extinguishers that meet the requirements of NFPA 10. These extinguishers 
must be inspected and maintained in accordance with NFPA 10.
    (3) Electrical systems. All new electrical equipment and wiring 
installed on the facility must be of the same type and installed as 
specified under NFPA 70. All defective or dangerous electrical equipment 
and wiring must be promptly repaired, replaced, or permanently 
disconnected.
    (4) Heating equipment and other sources of ignition. Open fires and 
open-flame lamps are prohibited on the facility. Heating equipment 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 stored only in 
amounts necessary for normal operating conditions. These materials must 
be stored in compartments that are remote from combustible material; 
constructed to provide safe storage; and kept clean and free of scrap 
materials, empty containers, soiled wiping rags, waste, and other 
debris. Flammable liquids must be stored according to NFPA 30, chapter 
4. (Incorporated by reference, see Sec. 126.5.)

[[Page 20]]

    (c) All designated waterfront facilities that handle dangerous cargo 
in transport units must also meet the following:
    (1) Terminal yards. Terminal yards must conform to the standards in 
NFPA 307, chapter 5.
    (2) Containers. Containers packed with dangerous cargo that are 
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 particular hazard.''

    (a) Basic requirements. The facility shall comply with all the 
conditions in Sec. 126.15 except where specifically waived by Sec. 
126.11.
    (b) Warning alarms. Warning alarms shall be installed at the 
waterside of such a facility to warn approaching or transiting water 
traffic of immediate danger in the event of fire or cargo release. 
Warning alarms shall be of the siren type, or the emergency rotating 
flashing light type, and be of sufficient intensity to be heard, or 
seen, 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, or 
transported at any designated waterfront facility only if a permit 
therefor has been issued by the Captain of the Port. This permit 
requirement may be waived, at the discretion of the Captain of the Port, 
when such cargoes are contained within railroad cars or highway vehicles 
which are moved on or across a waterfront facility used primarily for 
the transfer of railroad cars or highway vehicles to or from a railroad 
or highway vehicle ferry or carfloat; provided such designated cargoes 
are not removed from, or placed in, the railroad car 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 designated 
waterfront facility or of their authorized representatives, the Captain 
of the Port is authorized to issue a permit for each transaction of 
handling, loading, discharging, or transporting designated dangerous 
cargo at such waterfront facility provided the following requirements 
are met:
    (a) The facility shall comply in all respect with the regulations in 
this subchapter.
    (b) The quantity of designated dangerous cargo, except Class 1 
(explosive) materials shipped by or for the Armed Forces of the United 
States, on the waterfront facility and vessels moored thereto shall not 
exceed the limits as to maximum quantity, isolation and remoteness 
established by local, municipal, territorial, or State authorities. Each 
permit issued under these conditions shall specify that the limits so 
established shall not be exceeded.
    (c) The quantity of designated dangerous cargo consisting of Class 1 
(explosive) materials shipped by or for the Armed Forces of the United 
States on the waterfront facility and vessels moored thereto shall not 
exceed the limits as to maximum quantity, isolation and remoteness as 
established by the Captain of the Port. Each permit issued under these 
conditions shall specify that the limits so established shall not be 
exceeded.

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



Sec. 126.21  Permitted transactions.

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

[[Page 21]]

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

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



Sec. 126.23  Termination or suspension of permits.

    Any permit issued pursuant to Sec. 126.19 shall terminate 
automatically at the conclusion of the transaction for which the permit 
has been issued and may be terminated, or suspended, prior thereto by 
the Captain of the Port whenever he deems that the security or safety of 
the port or vessels or waterfront facilities therein so requires. 
Confirmation of such termination or suspension by the Captain 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 designated 
dangerous cargo without a permit, as provided under Sec. 126.17, being 
in force, will subject persons responsible therefore to the civil or 
criminal penalties provided in Section 13 of the Ports and Waterways 
Safety Act, as amended (33 U.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 all times be 
strictly observed.
    (b) You must notify the COTP before you handle, store, stow, load, 
discharge, or transport, in the net weight amounts specified, the 
following dangerous cargo, except when contained within transport units 
or railroad or highway vehicles being transported across or on the 
waterfront facility solely for transfer to or from a railroad-car ferry, 
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) at 
any one time.
    (2) Class 2, Division 2.1 (Flammable Gas) materials in bulk 
packaging; or Division 2.3 (Poison Gas) materials in excess of 72,800 kg 
(80 net tons) at any one time.
    (3) A Class 7 (Radioactive) material in a highway route controlled 
quantity, as defined in 49 CFR 173.403.
    (4) Flammable solids or oxidizers, in excess of 100 net tons at any 
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 may be 
present on the waterfront facility.
    (d) Break-bulk dangerous cargo must be segregated according to 49 
CFR 176.83(a) through (c). No separation is required for break-bulk 
dangerous cargo in limited-quantity packaging.
    (e) Transport units and portable tanks containing dangerous cargo 
must be segregated according to 49 CFR 176.83(a), (b), and (f). The 
requirements

[[Page 22]]

for vertical segregation and for on-deck, horizontal segregation in 49 
CFR 176.83(f) apply. No separation is required for transport units 
containing dangerous cargo only in limited quantity packaging.
    (f) Break-bulk dangerous cargo must be segregated from transport 
units containing dangerous cargo according to 49 CFR 176.83(e).
    (g) Solid dangerous bulk cargo must be separated to prevent the 
interaction of incompatible materials in the event of an accident. Cargo 
not required to be segregated, when in break-bulk form, is not required 
to be segregated, when in bulk form. Dangerous cargo in break-bulk form 
must be segregated from solid dangerous cargo in bulk according 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) must be 
stored in a manner that prevents them from coming into contact with 
water.
    (i) Corrosive liquids (Class 8) and liquid oxidizers (Division 5.1) 
must be handled and stored so that, in the event of a leak from their 
packaging, they would not come in contact with organic materials.
    (j) Dangerous cargo stored on the facility must be arranged in a 
manner that retards the spread of fire, such as by interspersing 
dangerous cargo with inert or fire retardant material.
    (k) Dangerous cargo stored on the facility, but not intended for use 
on the facility, must be packaged, marked, and labeled according to 49 
CFR parts 171 through 180, as if the cargo was in transportation.
    (l) Class 7 (Radioactive) material must be stored as specified in 49 
CFR 173.447.

[CGD 78-023, 44 FR 4643, Jan. 22, 1979, as amended by CGD 75-238, 44 FR 
63676, Nov. 5, 1979; CGD 75-238, 45 FR 57394, 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, fertilizer 

mixtures, or nitro carbo nitrate; general provisions.

    (a) When any item of ammonium nitrate, ammonium nitrate fertilizers, 
fertilizer mixtures, or nitro carbo nitrate, described and defined as an 
oxidizer by the regulations of 49 CFR part 173 is handled, stored, 
stowed, loaded, discharged or transported on a waterfront facility, the 
following provisions shall apply:
    (1) All outside containers shall be marked with the proper shipping 
name of the nitrate packed within the container.
    (2) The building on a waterfront facility used for storage of any of 
these materials shall be of such construction as to afford good 
ventilation.
    (3) Storage of any of these materials shall be at a safe distance 
from electric wiring, steam pipes, radiators or any heating mechanism.
    (4) These materials shall be separated by a fire resistant wall or 
by a distance of at least 30 feet from organic materials or other 
chemicals and substances which could cause contamination such as 
flammable 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 area upon 
clean wood dunnage, or on pallets over a clean floor. In the case of a 
concrete floor, storage may be made directly on the floor if it is first 
covered with a moisture barrier such as a polyethylene sheet or 
asphaltic laminated paper.
    (6) Any spilled material shall be promptly and thoroughly cleaned up 
and removed from the waterfront facility. If any spilled material has 
remained in contact with a wooden floor for any length of time the floor 
shall be scrubbed with water and all spilled material shall be 
thoroughly dissolved and flushed away.
    (7) An abundance of water for firefighting shall be readily 
available.
    (8) Open drains, traps, pits or pockets which could be filled with 
molten ammonium nitrate if a fire occurred (and thus become potential 
detonators for the storage piles) must be eliminated or plugged.
    Note: See 49 CFR 176.415 for permit requirements for nitro carbo 
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 to require that 
any transaction of handling, storing, stowing, loading, discharging, or 
transporting the dangerous cargo covered by this subchapter shall be 
undertaken and continued only under the immediate supervision and 
control of the Captain of the Port or his duly authorized 
representative. In case the Captain of the Port exercises such 
authority, all directions, instructions, and orders of the Captain of 
the Port or his representative, not inconsistent with this part, with 
respect to such handling, storing, stowing, loading, discharging, and 
transporting; with respect to the operation of the waterfront facility; 
with respect to vessels handling, stowing, loading, or discharging of 
dangerous cargo at anchorages when the operations are under the 
immediate control and supervision of the Captain of the Port or his duly 
authorized representative; with respect to the ingress and egress of 
persons, articles, and things and to their presence on the waterfront 
facilty or vessel; and with respect to vessels approaching, moored at, 
and departing from the waterfront facility, shall be promptly obeyed.
    (b) Reporting discharge of dangerous liquid commodities into the 
waters of the United States. To enhance the safety of the port and to 
protect vessels, their cargo, and waterfront facilities therein, the 
discharge into the navigable waters of the United States of petroleum 
products, petroleum byproducts or other dangerous liquid commodities 
which may create a hazard or toxic condition in the port area will be 
immediately reported to the Captain of the Port or District Commander by 
the owner or master of the vessel from which the discharge occurred, or 
the owner or operator of a waterfront facility from 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 hotwork 
conducted at the facility meets the requirements of this section. Each 
operator of a vessel moored to the facility must ensure that all welding 
or hotwork conducted on the vessel meets the requirements of this 
section.
    (b) The COTP may require an operator of a facility or of a vessel 
moored at the facility to notify the COTP before conducting welding or 
hotwork. Regardless of whether or not the COTP required notice, the 
facility operator must notify the COTP before conducting welding or 
hotwork on a vessel when containerized dangerous cargo is located within 
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 for 
storage of flammable or combustible substances must be tested and 
certified gas free.
    (e) All welding and hotwork must be conducted according to NFPA 51B. 
(Incorporated by reference, see Sec. 126.5.)
    (f) Welding or hotwork is prohibited during gas freeing operations 
within 30.5 meters (100 feet) of bulk cargo operations involving 
flammable or combustible materials, within 30.5 meters (100 feet) of 
fueling operations, within 30.5 meters (100 feet) of explosives, or 
within 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 to that 
called for in NFPA 51B, must be stationed in the adjoining compartment.
    (h) Personnel on fire watch must have no other duties except to 
watch for the presence of fire and to prevent the development of 
hazardous conditions.
    (i) All safety precautions in relation to purging, inerting, or 
venting 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, or other 
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 to 
suspend the general permit granted by Sec. 126.27 in respect to any 
particular designated waterfront facility whenever he deems that the 
security or safety of the port or vessels or waterfront facilities 
therein so requires. Confirmation of such termination or suspension 
shall be given to the permittee in writing. After such termination, the 
general permit may be revived by the District Commander with respect to 
such particular waterfront facility upon a finding by him that the cause 
of termination no longer exists and is unlikely to recur. After such 
suspension, the general permit shall be revived by the Captain of the 
Port with respect to such particular waterfront facility when the cause 
of suspension no longer exists, and he shall so advise the permittee in 
writing.

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



Sec. 126.33  Penalties for handling dangerous cargo without permit.

    Handling, storing, stowing, loading, discharging, or transporting 
any dangerous cargo covered by Sec. 126.27 under circumstances not 
covered by the general permit granted in Sec. 126.27 or when such 
general permit is not in force will subject persons responsible therefor 
to the civil or criminal penalties provided in Section 13 of the Ports 
and Waterways Safety Act, 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, and 
designations in this part shall be construed as relieving the masters, 
owners, operators, and agents of vessels, docks, piers, wharves, or 
other waterfront facilities from their primary responsibility for the 
security of such vessels, docks, piers, wharves, or waterfront 
facilities.

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



Sec. 126.37  Separability.

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

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



PART 127_WATERFRONT FACILITIES HANDLING LIQUEFIED 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 and waterway suitability assessment.
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: Procedures for 
          examination.

     Subpart B_Waterfront Facilities Handling Liquefied Natural Gas

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 Liquefied Hazardous 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; 46 U.S.C. Chapter 701; Department of 
Homeland Security 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 transfer area 
for LNG of each new waterfront facility handling LNG and to new 
construction in the marine transfer area for LNG of each existing 
waterfront facility handling LNG.
    (b) Subpart A of this part and Sec. Sec. 127.301 through 127.617 
apply to the marine transfer area for LNG of each active existing 
waterfront facility handling LNG.
    (c) Sections 127.007 (b), (c), and (d); 127.019(b); and 127.701 of 
subparts A and B of this part apply to the marine transfer area for LNG 
of each inactive existing facility.
    (d) Subparts A and C of this part apply to the marine transfer area 
for LHG of each active waterfront facility handling LHG.

[[Page 26]]

    (e) Sections 127.007 (b), (c), and (d); 127.019(b); and 127.1325(c) 
of subparts A

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

[CGD 88-049, 60 FR 39794, Aug. 3, 1995, as amended by USCG-2007-27022, 
75 FR 29426, May 26, 2010]



Sec. 127.003  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other 
than that specified in paragraph (b) of this section, the Coast Guard 
must publish notice of change in the Federal Register and make the 
material available to the public. All approved material is available for 
inspection at the U.S. Coast Guard, (CG-543), 2100 2nd St., SW., Stop 
7581, Washington, DC 20593-7581, and at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html. All approved material is available from the sources 
indicated in paragraph (b) of this section.
    (b) The material approved for incorporation by reference in this 
part, 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 1992 Addenda and Errata..................
    ANSI S12.13, Part I, Performance Requirements,              127.1203
     Combustible Gas Detectors, 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 for           127.611;
     International Shore Connections for Marine Fire            127.1511
     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 Natural Gas (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 FR 34714, June 29, 1999; USCG-1999-5151, 64 FR 
67175, Dec. 1, 1999; 69 FR 18803, Apr. 9, 2004; USCG-2004-18057, 69 FR 
34926, June 23, 2004; USCG-2010-0351, 75 FR 36283, June 25, 2010]

[[Page 27]]



Sec. 127.005  Definitions.

    As used in this part:
    Active means accomplishing the transfer of LHG or LNG, or scheduling 
one to occur, within 12 months of the current date.
    Captain of the Port (COTP) means the Coast Guard officer designated 
by the Commandant to command a Captain of the Port Zone as described in 
part 3 of this chapter, or an authorized representative.
    Commandant means the Commandant of the U.S. Coast Guard or an 
authorized representative.
    Control room means a space within the LNG waterfront facility from 
which facility operations are controlled.
    District Commander means the Coast Guard officer designated by the 
Commandant to command a Coast Guard District as described in part 3 of 
this chapter, or an authorized representative.
    Environmentally sensitive areas include public parks and recreation 
areas, wildlife and waterfowl refuges, fishing grounds, wetlands, other 
areas deemed to be of high value to fish and wildlife resources, 
historic sites, and other protected areas.
    Existing as applied to a waterfront facility means a facility 
handling LNG constructed or being constructed under a contract awarded 
before June 2, 1988, or a facility handling LHG constructed or being 
constructed under a contract awarded before January 30, 1996.
    Facility means either a waterfront facility handling LHG or a 
waterfront facility handling LNG.
    Fire endurance rating means the duration for which an assembly or 
structural unit will contain a fire or retain structural integrity when 
exposed to the temperatures specified in the standard time-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 floors that 
confines a spill of LHG or LNG.
    LHG means liquefied hazardous gas.
    LHG vessel means a vessel constructed or converted to carry LHG, in 
bulk.
    Liquefied hazardous gas (LHG) means a liquid containing one or more 
of the products listed in Table 127.005.
    Liquefied natural gas (LNG) means a liquid or semisolid consisting 
mostly of methane and small quantities of ethane, propane, nitrogen, or 
other natural gases.
    Liquefied petroleum gas (LPG) means a liquid consisting mostly of 
propane or butane or both.
    LNG means liquefied natural gas.
    LNG vessel means a vessel constructed or converted to carry LNG, in 
bulk.
    Loading flange means the connection or group of connections in the 
cargo transfer pipeline on the facility that connects the facility 
pipeline to the vessel pipeline.
    Marine transfer area for LHG means that part of a waterfront 
facility handling LHG between the vessel, or where the vessel moors, and 
the first shutoff valve on the pipeline immediately inland of the 
terminal manifold or loading arm, including the entire part of a pier or 
wharf used to serve LHG vessels.
    Marine transfer area for LNG means that part of a waterfront 
facility 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-transfer pipeline on 
a waterfront facility handling LHG or a waterfront facility handling LNG 
that connects this pipeline to the pipeline or transfer hose of the 
vessel.
    MAWP means maximum allowable working pressure.
    Maximum allowable working pressure (MAWP) means the maximum gauge 
pressure permissible at the top of equipment, containers, or pressure 
vessels while operating at design temperature.
    New as applied to a waterfront facility means a facility handling 
LNG constructed or being constructed under a contract awarded on or 
after June 2, 1988, or a facility handling LHG constructed or being 
constructed under a

[[Page 28]]

contract awarded on or after January 30, 1996.
    Person in charge of transfer operations on the vessel is the person 
designated the person in charge of cargo transfer under 46 CFR 154.1831.
    Release means any spilling, leaking, pumping, pouring, emitting, 
emptying, discharging, injecting, escaping, leaching, dumping, or 
disposing into the environment, except a minor release of LHG or its 
vapor, that may occur during the routine handling of LHG. No release is 
minor if it creates an atmosphere that exceeds the Lower Flammable Limit 
(LFL) for a flammable product or any Permissible Exposure Limit (PEL) 
listed in 29 CFR 1910.1000, Table Z-1 or Z-2, for a toxic product.
    Substructure means the deck of a pier or wharf and the structural 
components below that deck.
    Toxic product means a product indicated by the letter ``T'' or by 
the letters ``F+T'' in Table 127.005.
    Waterfront facility handling LHG means any structure on, in, or 
under the navigable waters of the United States, or any structure on 
land or any area on shore immediately adjacent to such waters, used or 
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 structure on 
land or any area on shore immediately adjacent to such waters, used or 
capable of being used to transfer liquefied natural gas, in bulk, to or 
from a vessel.

               Table 127.005--List of Products and Hazards
------------------------------------------------------------------------
                  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 by CGD 88-049, 60 FR 
39795, Aug. 3, 1995; CGD 97-023, 62 FR 33363, June 19, 1997]



Sec. 127.007  Letter of intent and waterway suitability assessment.

    (a) An owner or operator intending to build a new facility handling 
LNG or LHG, or an owner or operator planning new construction to expand 
or modify marine terminal operations in an existing facility handling 
LNG or LHG, where the construction, expansion, or modification would 
result in an increase in the size and/or frequency of LNG or LHG marine 
traffic on the waterway associated with a proposed facility or 
modification to an existing facility, must submit a Letter of Intent 
(LOI) to the Captain of the Port (COTP) of the zone in which the 
facility is or will be located. The LOI must meet the requirements in 
paragraph (c) of this section.
    (1) The owner or operator of an LNG facility must submit the LOI to 
the COTP no later than the date that the owner or operator files a pre-
filing request with the Federal Energy Regulatory Commission (FERC) 
under 18 CFR parts 153 and 157, but, in all cases, at least 1 year prior 
to the start of construction.
    (2) The owner or operator of an LHG facility must submit the LOI to 
the COTP no later than the date that the owner or operator files with 
the Federal or State agency having jurisdiction, but, in all cases, at 
least 1 year prior to the start of construction.
    (b) An owner or operator intending to reactivate an inactive 
existing facility must submit an LOI that meets paragraph (c) of this 
section to the COTP of the zone in which the facility is located.
    (1) The owner or operator of an LNG facility must submit the LOI to 
the COTP no later than the date the owner or operator files a pre-filing 
request

[[Page 29]]

with FERC under 18 CFR parts 153 and 157, but, in all cases, at least 1 
year prior to the start of LNG transfer operations.
    (2) The owner or operator of an LHG facility must submit the LOI to 
the COTP no later than the date the owner or operator files with the 
Federal or State agency having jurisdiction, but, in all cases, at least 
1 year prior to the start of LHG transfer operations.
    (c) Each LOI must contain--
    (1) The name, address, and telephone number of the owner and 
operator;
    (2) The name, address, and telephone number of the Federal, State, 
or local agency having jurisdiction for siting, construction, and 
operation;
    (3) The name, address, and telephone number of the facility;
    (4) The physical location of the facility;
    (5) A description of the facility;
    (6) The LNG or LHG vessels' characteristics and the frequency of LNG 
or LHG shipments to or from the facility; and
    (7) Charts showing waterway channels and identifying commercial, 
industrial, environmentally sensitive, and residential areas in and 
adjacent to the waterway used by the LNG or LHG vessels en route to the 
facility, within at least 25 kilometers (15.5 miles) of the facility.
    (d) The owner or operator who submits an LOI under paragraphs (a) or 
(b) of this section must notify the COTP in writing within 15 days of 
any of the following:
    (1) There is any change in the information submitted under 
paragraphs (c)(1) through (c)(7) of this section; or
    (2) No LNG or LHG transfer operations are scheduled within the next 
12 months.
    (e) An owner or operator intending to build a new LNG or LHG 
facility, or an owner or operator planning new construction to expand or 
modify marine terminal operations in an existing facility handling LNG 
or LHG, where the construction, expansion, or modification would result 
in an increase in the size and/or frequency of LNG or LHG marine traffic 
on the waterway associated with a proposed facility or modification to 
an existing facility, must file or update as appropriate a waterway 
suitability assessment (WSA) with the COTP of the zone in which the 
facility is or will be located. The WSA must consist of a Preliminary 
WSA and a Follow-on WSA. A COTP may request additional information 
during review of the Preliminary WSA or Follow-on WSA.
    (f) The Preliminary WSA must--
    (1) Be submitted to the COTP with the LOI; and
    (2) Provide an initial explanation of the following--
    (i) Port characterization;
    (ii) Characterization of the LNG or LHG facility and LNG or LHG 
tanker route;
    (iii) Risk assessment for maritime safety and security;
    (iv) Risk management strategies; and
    (v) Resource needs for maritime safety, security, and response.
    (g) The Follow-on WSA must--
    (1) Be submitted to the COTP as follows:
    (i) The owner or operator of an LNG facility must submit the Follow-
on WSA to the COTP no later than the date the owner or operator files 
its application with FERC pursuant to 18 CFR parts 153 or 157, or if no 
application to FERC is required, at least 180 days before the owner or 
operator begins transferring LNG.
    (ii) The owner or operator of an LHG facility must submit the 
Follow-on WSA to the COTP in all cases at least 180 days before the 
owner or operator begins transferring LHG.
    (2) Contain a detailed analysis of the elements listed in Sec. Sec. 
127.007(f)(2), 127.009(d), and 127.009(e) of this part.
    (h) Until the facility begins operation, owners or operators must:
    (1) Annually review their WSAs and submit a report to the COTP as to 
whether changes are required. The deadline for the required annual 
report should coincide with the date of the COTP's Letter of 
Recommendation, which indicates review and validation of the Follow-on 
WSA has been completed.
    (2) In the event that revisions to the WSA are needed, report to the 
COTP the details of the necessary revisions, along with a timeline for 
completion.
    (3) Update the WSA if there are any changes in conditions, such as 
changes

[[Page 30]]

to the port environment, the LNG or LHG facility, or the tanker route, 
that would affect the suitability of the waterway for LNG or LHG 
traffic.
    (4) Submit a final report to the COTP at least 30 days, but not more 
than 60 days, prior to the start of operations.

[USCG-2007-27022, 75 FR 29426, May 26, 2010]



Sec. 127.009  Letter of recommendation.

    After the COTP receives the Letter of Intent under Sec. 127.007(a) 
or (b), the COTP issues a Letter of Recommendation as to the suitability 
of the waterway for LNG or LHG marine traffic to the Federal, State, or 
local government agencies having jurisdiction for siting, construction, 
and operation, and, at the same time, sends a copy to the owner or 
operator, based on the--
    (a) Information submitted under Sec. 127.007;
    (b) Density and character of marine traffic in the waterway;
    (c) Locks, bridges, or other man-made obstructions in the waterway;
    (d) Factors adjacent to the facility such as--
    (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 of the 
channel; and
    (e) Other safety and security issues identified.

[USCG-2007-27022, 75 FR 29427, May 26, 2010]



Sec. 127.011  Inspections of waterfront facilities.

    The operator shall ensure that the COTP or his representative is 
allowed to make reasonable examinations and inspections to determine 
whether the facility meets this part.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 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 or 
LNG transfer operations if the COTP finds any condition requiring 
immediate action to--
    (1) Prevent damage to, or the destruction of, any bridge or other 
structure on or in the navigable waters of the United States, or any 
land structure or shore area immediately adjacent to such waters; and
    (2) Protect the navigable waters and the resources therein from harm 
resulting from vessel or structure damage, destruction, or loss.
    (b) Each order to suspend transfer operations issued under paragraph 
(a) of this section--
    (1) Is effective immediately;
    (2) Contains a statement of each condition requiring immediate 
action; and
    (3) Is withdrawn by the COTP whenever each condition is corrected or 
no longer exists.

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



Sec. 127.015  Appeals.

    (a) Any person directly affected by an action taken under this part 
may request reconsideration by the Coast Guard officer responsible for 
that action.
    (b) Except as provided under paragraph (e) of this section, any 
person not satisfied with a ruling made under the procedure contained in 
paragraph (a) of this section may--
    (1) Appeal that ruling in writing to the District Commander of the 
district in which the action was taken; and
    (2) Supply supporting documentation and evidence that the appellant 
wishes to have considered.
    (c) The District Commander issues a ruling after reviewing the 
appeal submitted under paragraph (b) of this section. Except as provided 
under paragraph (e) of this section, any person not satisfied with this 
ruling may--
    (1) Appeal that ruling in writing to the Assistant Commandant for 
Marine Safety, Security and Environmental Protection, U.S. Coast Guard, 
(CG-5), 2100 2nd St., SW., Stop 7355, Washington, DC 20593-7355; and
    (2) Supply supporting documentation and evidence that the appellant 
wishes to have considered.

[[Page 31]]

    (d) The Assistant Commandant for Marine Safety, Security and 
Environmental Protection issues a ruling after reviewing the appeal 
submitted under paragraph (c) of this section, which is final agency 
action.
    (e) If the delay in presenting a written appeal has an adverse 
impact 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 oral 
presentation--
    (i) With the basis for the appeal and a summary of the material 
presented orally; and
    (ii) To the same Coast Guard official who heard the oral 
presentation.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 96-026, 61 FR 
33665, June 28, 1996; CGD 97-023, 62 FR 33363, June 19, 1997; USCG-2002-
12471, 67 FR 41332, June 18, 2002; USCG-2010-0351, 75 FR 36283, June 25, 
2010]



Sec. 127.017  Alternatives.

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



Sec. 127.019  Operations Manual and Emergency Manual: Procedures for 

examination.

    (a) The owner or operator of an active existing facility shall 
submit two copies of the Operations Manual and of the Emergency Manual 
to the Captain of the Port of the zone in which the facility is located.
    (b) At least 30 days before transferring LHG or LNG, the owner or 
operator of a new or an inactive existing facility shall submit two 
copies of the Operations Manual and of the Emergency Manual to the 
Captain of the Port of the zone in which the facility is located, unless 
the manuals have been examined and there have been no changes since that 
examination.
    (c) If the COTP finds that the Operations Manual meets Sec. 127.305 
or Sec. 127.1305 and that the Emergency Manual meets Sec. 127.307 or 
Sec. 127.1307, the Captain of the Port returns a copy to the owner or 
operator marked ``Examined by the Coast Guard''.
    (d) If the COTP finds that the Operations Manual or the Emergency 
Manual does not meet this part, the Captain of the Port returns the 
manual with an explanation of why it does not meet this part.

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



     Subpart B_Waterfront Facilities Handling Liquefied Natural Gas



Sec. 127.101  Design and construction: General.

    The marine transfer area for LNG must meet the following criteria in 
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 and 8-7.2.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 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 subject 
to earthquakes, the piers and wharves must be designed to resist 
earthquake forces.
    (b) Substructures, except moorings and breasting dolphins, that 
support or are within 5 meters (16.4 feet) of any pipe or equipment 
containing LNG, or are within 15 meters (49.2 feet) of a loading flange, 
must--
    (1) Be made of concrete or steel; and
    (2) Have a fire endurance rating of not less than two hours.

[[Page 32]]

    (c) LNG or LPG storage tanks must have the minimum volume necessary 
for--
    (1) Surge protection;
    (2) Pump suction supply; or
    (3) Other process needs.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended at CGD 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 flux from 
a fire over the impounding spaces does not cause structural damage to an 
LNG vessel moored or berthed at the waterfront facility handling LNG.
    (b) Each LNG loading flange must be located at least 300 meters 
(984.3 feet) from the following which are primarily intended for the use 
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 by CGD 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 a 
separate emergency power source, so that failure of one source does not 
affect the capability of the other source. The system must meet the 
National Electrical Code, NFPA 70.
    (b) The emergency power source must provide enough power for the 
operation 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 power source, 
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 system and 
separate emergency lighting.
    (b) All outdoor lighting must be located or shielded so that it is 
not confused with any aids to navigation and does not interfere with 
navigation on the adjacent waterways.
    (c) The lighting system must provide an average illumination on a 
horizontal 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 operation 
of the--
    (1) Emergency shutdown system;
    (2) Communications equipment; and
    (3) Firefighting equipment.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 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-shore 
communication system and a separate emergency ship-to-shore 
communication system.
    (b) Each ship-to-shore communication system must be a dedicated 
system that allows voice communication between the person in charge of 
transfer operations on the vessel, the person in charge of shoreside 
transfer operations, and personnel in the control room.

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



Sec. 127.113  Warning signs.

    (a) The marine transfer area for LNG must have warning signs that--
    (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 by CGD 88-049, 60 FR 
39796, Aug. 3, 1995]

[[Page 33]]

                                Equipment



Sec. 127.201  Sensing and alarm systems.

    (a) Fixed sensors must have audio and visual alarms in the control 
room and audio alarms nearby.
    (b) Fixed sensors that continuously monitor for LNG vapors must--
    (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, or 
products of combustion must--
    (1) Be in each enclosed or covered Class I, Division 1, hazardous 
location defined in Section 500-5(a) of NFPA 70 and each area in 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 portable gas 
detectors capable of measuring 0-100% of the lower flammable limit of 
methane.

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



Sec. 127.205  Emergency shutdown.

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



Sec. 127.207  Warning alarms.

    (a) The marine transfer area for LNG must have a rotating or 
flashing amber light with a minimum effective flash intensity, in the 
horizontal plane, of 5000 candelas. At least 50% of the required 
effective flash intensity must be maintained in all directions from 1.0 
degree above to 1.0 degree below the horizontal plane.
    (b) The marine transfer area for LNG must have a siren with a 
minimum \1/3\-octave band sound pressure level at l meter of 125 
decibels referenced to 0.0002 microbars. The siren must be located so 
that the sound signal produced is audible over 360 degrees in a 
horizontal plane.
    (c) Each light and siren must be located so that the warning alarm 
is 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 by CGD 88-049, 60 FR 
39796, Aug. 3, 1995]

                               Operations



Sec. 127.301  Persons in charge of shoreside transfer operations: 

Qualifications and certification.

    (a) No person may serve, and the operator of the waterfront facility 
handling LNG may not use the services of any person, as a person in 
charge of shoreside transfer operations, unless that person--
    (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 Manual and the 
examined Emergency Manual.
    (b) Before a person in charge of shoreside transfer operations 
supervises a transfer, the operator shall certify in writing that the 
criteria in paragraph (a) of this section are met. The operator shall 
maintain a copy of each current certification available for inspection 
at the waterfront facility handling LNG.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 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 the 
waterfront facility handling LNG, no LNG transfer operations may be 
conducted at the facility until the order is withdrawn by the COTP.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 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 and 
electrical systems;

[[Page 34]]

    (b) The duties of each person assigned for transfer operations;
    (c) The maximum relief valve setting or maximum allowable working 
pressure of the transfer system;
    (d) The facility telephone numbers of facility supervisors, persons 
in charge of shoreside transfer operations, personnel on watch in the 
marine transfer area for LNG, and security personnel;
    (e) A description of the security systems for the marine transfer 
area 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 under Sec. 
127.503.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 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 local 
response organizations;
    (b) Emergency shutdown procedures;
    (c) A description of the fire equipment and systems and their 
operating procedures;
    (d) A description of the emergency lighting and emergency power 
systems;
    (e) The telephone numbers of local Coast Guard units, hospitals, 
fire departments, police departments, and other emergency response 
organizations;
    (f) If the waterfront facility handling LNG has personnel shelters, 
the location of and provisions in each shelter;
    (g) First aid procedures and if there are first aid stations, the 
locations of each station; and
    (h) Emergency procedures for mooring and unmooring a vessel.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 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 the waterfront 
facility handling LNG has an examined Operations Manual and examined 
Emergency Manual;
    (b) Each transfer operation is conducted in accordance with the 
examined Operations Manual; and
    (c) Each emergency response is in accordance with the examined 
Emergency Manual.

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



Sec. 127.311  Motor vehicles.

    (a) The operator shall designate and mark parking spaces that--
    (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 or 
loading flange.
    (b) During transfer operations, no person may--
    (1) Stop or park a motor vehicle in a space that is not designated a 
parking space; or
    (2) Refuel any motor vehicle.



Sec. 127.313  Bulk storage.

    (a) The operator shall ensure that only the following flammable 
materials 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 amount used 
for one day's operations and maintenance.
    (b) Flammable liquids must be stored in accordance with Chapter 4 of 
NFPA 30.

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



Sec. 127.315  Preliminary transfer inspection.

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

[[Page 35]]

    (a) Inspect the transfer piping and equipment to be used during the 
transfer and replace any worn or inoperable parts;
    (b) For each of the vessel's cargo tanks from which cargo will be 
transferred, note the pressure, temperature, and volume to ensure they 
are safe for transfer;
    (c) Review and agree with the person in charge of cargo transfer on 
the vessel to--
    (1) The sequence of transfer operations;
    (2) The transfer rate;
    (3) The duties, location, and watches of each person assigned for 
transfer operations; and
    (4) Emergency procedures from the examined Emergency Manual;
    (d) Ensure that transfer connections allow the vessel to move to the 
limits of its moorings without placing strain on the loading arm or 
transfer piping system;
    (e) Ensure that each part of the transfer system is aligned to allow 
the flow of LNG to the desired location;
    (f) Ensure that warning signs that warn that LNG is being 
transferred, are displayed;
    (g) Eliminate all ignition sources in the marine transfer area for 
LNG;
    (h) Ensure that personnel are on duty in accordance with the 
examined 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 by CGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.317  Declaration of inspection.

    (a) After the preliminary transfer inspection under Sec. 127.315 
has been satisfactorily completed, the person in charge of shoreside 
transfer operations shall ensure that no person transfers 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 shall give 
one signed copy of the Declaration of Inspection to the person in charge 
of transfer operations on the vessel, and shall retain one signed copy 
at the waterfront facility handling LNG for 30 days after completion of 
the transfer.
    (c) Each Declaration of Inspection must contain--
    (1) The name of the vessel and the waterfront facility handling LNG;
    (2) The date and time that transfer operations begin;
    (3) A list of the requirements in Sec. 127.315 with the initials of 
the person in charge of shoreside transfer operations after each 
requirement, indicating that the requirement is met;
    (4) The signature of the person in charge of shoreside transfer 
operations and the date and time of signing, indicating that he or she 
is ready to begin transfer operations; and
    (5) The signature of each relief person in charge and the date and 
time of each relief.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 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 shall 
ensure that--
    (1) The marine transfer area for LNG is under the supervision of a 
person in charge, who has no other assigned duties during the transfer 
operation;
    (2) Personnel transferring fuel or oily waste are not involved in 
LNG transfer; and
    (3) No vessels are moored outboard of any LNG vessel without the 
permission of the COTP.
    (b) The person in charge of shoreside transfer operations shall--
    (1) Be in continuous communication with the person in charge of 
transfer operations on the vessel;
    (2) Ensure that an inspection of the transfer piping and equipment 
for leaks, frost, defects, and other symptoms of safety and operational 
problems is conducted at least once every transfer;
    (3) Ensure that transfer operations are discontinued--
    (i) Before electrical storms or uncontrolled fires are adjacent to 
the marine transfer area for LNG; and
    (ii) As soon as a fire is detected; and

[[Page 36]]

    (4) Ensure that the lighting systems are turned on between sunset 
and sunrise.
    Note: Vessel transfer requirements are published in 46 CFR part 154.

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



Sec. 127.321  Release of LNG.

    (a) The operator of the waterfront facility handling LNG shall 
ensure that--
    (1) No person releases LNG into the navigable waters of the United 
States; and
    (2) If there is a release of LNG, vessels near the facility are 
notified of the release by the activation of the warning alarm.
    (b) If there is a release of LNG, the person in charge of shoreside 
transfer operations shall--
    (1) Immediately notify the person in charge of cargo transfer on the 
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 by CGD 88-049, 60 FR 
39796, Aug. 3, 1995]

                               Maintenance



Sec. 127.401  Maintenance: General.

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

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



Sec. 127.403  Inspections.

    The operator shall conduct a visual inspection for defects of each 
pressure-relief device not capable of being tested, at least once each 
calendar year, with intervals between inspections not exceeding 15 
months, and make all repairs in accordance with Sec. 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 in 
this 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 by CGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.407  Testing.

    (a) The operator shall pressure test under paragraph (b) of this 
section the transfer system, including piping, hoses, and loading arms, 
and verify the set pressure of the safety and relief valves--
    (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 at cryogenic 
temperature, at least once each calendar year, with intervals 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 a minimum of 
30 minutes.



Sec. 127.409  Records.

    (a) The operator shall keep on file the following information:
    (1) A description of the components tested under Sec. 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 for 24 
months.

                           Personnel Training



Sec. 127.501  Applicability.

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



Sec. 127.503  Training: General.

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

[[Page 37]]

    (a) All full-time employees have training in the following subjects:
    (1) Basic LNG firefighting procedures.
    (2) LNG properties and hazards.
    (b) In addition to the training under paragraph (a) of this section, 
each person assigned for transfer operations has training in the 
following subjects:
    (1) The examined Operations Manual and examined Emergency Manual.
    (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 at least 
once every five years.

                              Firefighting



Sec. 127.601  Fire equipment: General.

    (a) Fire equipment and systems provided in addition to the 
requirements in this subpart must meet the requirements of this subpart.
    (b) The following must be red or some other conspicuous color and be 
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 of 
Underwriters Laboratories, Inc., the Factory Mutual Research Corp., or 
the 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 59A and 
Chapter 3 of NFPA 10; and
    (b) At least one portable fire extinguisher in each designated 
parking area.

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



Sec. 127.605  Emergency outfits.

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



Sec. 127.607  Fire main systems.

    (a) Each marine transfer area for LNG must have a fire main system 
that provides at least two water streams to each part of the LNG 
transfer piping and connections, one of which must be from a single 
length of hose or from a fire monitor.
    (b) The fire main must have at least one isolation valve at each 
branch connection and at least one isolation valve downstream of each 
branch connection to isolate damaged sections.
    (c) The fire main system must have the capacity to supply--
    (1) Simultaneously all fire hydrants, standpipes, and fire monitors 
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 between the 
source of water and the hose or monitor nozzle, when only those two 
outlets are open.
    (d) If the source of water for the fire main system is capable of 
supplying a pressure greater than the system's design working pressure, 
the system must have at least one pressure relief device.

[[Page 38]]

    (e) Each fire hydrant or standpipe must have at least one length of 
hose of sufficient length to meet paragraph (a) of this section.
    (f) Each length of hose must--
    (1) Be 1\1/2\ inches or more in diameter and 30.5 meters (100 feet) 
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 water 
spray fire hose nozzle.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended at CGD 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 chemical 
system that provides at least two dry chemical discharges to the area 
surrounding the loading arms, one of which must be--
    (1) From a monitor; and
    (2) Actuated and, except for pre-aimed monitors, controlled from a 
location other than the monitor location.
    (b) The dry chemical system must have the capacity to supply 
simultaneously or sequentially each hose or monitor in the system for 45 
seconds.
    (c) Each dry chemical hose station must have at least one length of 
hose that--
    (1) Is on a hose rack or reel; and
    (2) Has a nozzle with a valve that starts and stops the flow of dry 
chemical.

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



Sec. 127.611  International shore connection.

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

[CGD 88-032, 56 FR 35819, July 29, 1991, as amended by CGD 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 ensure that 
no person smokes when there is LNG present.

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



Sec. 127.615  Fires.

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

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



Sec. 127.617  Hotwork.

    The operator shall ensure that no person conducts welding, torch 
cutting, or other hotwork unless that person has a permit from the COTP.

                                Security



Sec. 127.701  Security on existing facilities.

    The operator shall ensure that any security procedure and 
arrangement on existing facilities, that were in use when LNG transfer 
operations were last conducted, be continued and maintained, or 
upgraded, 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 shoreside 
and the waterside is limited to--
    (1) Personnel who work at the waterfront facility handling LNG 
including 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 LNG 
unless that person is identified by a waterfront facility handling LNG-
issued identification card or other identification card displaying his 
or her photograph, or is

[[Page 39]]

an escorted visitor displaying an identifying badge.

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



Sec. 127.705  Security systems.

    The operator shall ensure that security patrols of the marine 
transfer area for LNG are conducted once every hour, or that a manned 
television 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 by CGD 88-049, 60 FR 
39796, Aug. 3, 1995]



Sec. 127.707  Security personnel.

    The operator shall ensure that no person is assigned security patrol 
duty unless that person has been instructed on security violation 
procedures.



Sec. 127.709  Protective enclosures.

    The following must be within a fence or wall that prevents 
trespassing:
    (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 direct 
communications between the security patrol and other operating or 
security personnel on duty on the waterfront facility handling LNG.

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



    Subpart C_Waterfront Facilities Handling Liquefied Hazardous 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 used for 
the transfer of LHG must meet the following criteria:
    (a) Each system must be designed and constructed in accordance with 
ASME B31.3.
    (b) Each pipeline on a pier or wharf must be located so that it is 
not exposed to physical damage from vehicular traffic or cargo-handling 
equipment. Each pipeline under navigable waters must be covered or 
protected to meet 49 CFR 195.248.
    (c) The transfer manifold of each liquid transfer line and of each 
vapor return line must have an isolation valve with a bleed connection, 
such that transfer hoses and loading arms can be blocked off, 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 a readily 
accessible isolation valve located near the edge of the marine transfer 
area for LHG.
    (e) Each power-operated isolation valve must be timed to close so 
that it will not produce a hydraulic shock capable of causing failure of 
the line or equipment. Unless the layout of the piping allows the 
isolation valve at the transfer manifold to close within 30 seconds 
without creating excessive stresses on the system, the layout must be 
reconfigured to reduce the stresses to a safe level.
    (f) Each waterfront facility handling LHG that transfers to or from 
a vessel requiring vapor return during transfer must be equipped with a 
vapor return line designed to attach to the vessel's vapor connection.
    (g) Where two or more LHGs are loaded or unloaded at the same 
facility, each manifold must be identified or marked to indicate each 
LHG it handles.
    (h) Each pipeline used to transfer flammable liquids or vapors must 
be provided with precautions against static, lightning, and stray 
current 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 the 
transfer of LHG or its vapors to or from a vessel must--

[[Page 40]]

    (1) Be made of materials resistant to each LHG transferred, in both 
the liquid and vapor state (if wire braid is used for reinforcement, the 
wire must be of corrosion-resistant material, such as stainless steel);
    (2) Be constructed to withstand the temperature and pressure 
foreseeable during transfer, with a MAWP not less than the maximum 
pressure 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 five 
times the MAWP;
    (4) Have--
    (i) Full-threaded connections;
    (ii) Flanges that meet ANSI B16.5; or
    (iii) Quick connect couplings that are acceptable to the Commandant;
    (5) Be adequately supported against the weight of its constituent 
parts, the LHG, and any ice formed on it;
    (6) Have no kinks, bulges, soft spots, or other defects that will 
let it leak or burst under normal working pressure; and
    (7) Have a permanently attached nameplate that indicates, or 
otherwise 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, its 
minimum service temperature.
    (b) Each loading arm used for the transfer of LHG or its vapor 
must--
    (1) Be made of materials resistant to each LHG transferred, in both 
the liquid and vapor state;
    (2) Be constructed to withstand the temperature and pressure 
foreseeable during transfer;
    (3) Be adequately supported against the weight of its constituent 
parts, the LHG, and any ice formed on it;
    (4) Be provided with an alarm to indicate when it is approaching the 
limits of its extension, unless the examined Operations Manual requires 
a person to perform the same function; and
    (5) Have a permanently attached nameplate that indicates, or 
otherwise 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 new 
construction in the marine transfer area for LHG of each existing 
facility, must comply with the standards for seismic design and 
construction 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 each 
existing facility, except moorings and breasting dolphins, that supports 
or is within 4.5 meters (14.8 feet) of any pipe or equipment containing 
a flammable LHG, or that is within 15 meters (49.2 feet) of a 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 new construction 
in the marine transfer area for LHG of each existing facility, must 
comply with the following:
    (a) Each building, shed, and other structure within each marine 
transfer area for LHG must be located, constructed, or ventilated to 
prevent the accumulation of flammable or toxic gases within the 
structure.
    (b) Each impounding space for flammable LHGs located within the area 
must be designed and located so that the heat flux from a fire over the 
impounding space does not cause, to a vessel, damage that could prevent 
the vessel's movement.
    (c) Each manifold, loading arm, or independent mating flange must be 
located at least 60 meters (197 feet) from each of the following 
structures, if that structure is intended primarily for the use of the 
general public or of railways:
    (1) A bridge crossing a navigable waterway.
    (2) The entrance to, or the superstructure of, a tunnel under a 
navigable waterway.
    (d) Each manifold, loading arm, or independent mating flange must be 
located at least 30 meters (98.5 feet) from each public roadway or 
railway.

[[Page 41]]



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 of LHG 
take place between sunset and sunrise, must have outdoor lighting that 
illuminates the marine transfer area for LHG.
    (b) All outdoor lighting must be located or shielded so that it 
cannot be mistaken for any aids to navigation and does not interfere 
with navigation on the adjacent waterways.
    (c) The outdoor lighting must provide a minimum average illumination 
on a horizontal plane 1 meter (3.3 feet) above the walking 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 marine transfer 
area for LHG.



Sec. 127.1111  Communication systems.

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



Sec. 127.1113  Warning signs.

    (a) The marine transfer area for LHG must have warning signs that--
    (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 the 
following 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 Open Lights'' may be omitted 
when the product being transferred is not flammable.

                                Equipment



Sec. 127.1203  Gas detection.

    (a) Each waterfront facility handling LHG that transfers a flammable 
LHG must have at least two portable gas detectors, or a fixed gas 
detector, in the marine transfer area for LHG. Each detector must be 
capable of indicating whether the concentration of flammable vapors 
exceeds 30% of the Lower Flammable Limit for each flammable product 
being transferred and must meet ANSI S12.13, Part I.
    (b) Each waterfront facility handling LHG that transfers a toxic 
LHG, other than anhydrous ammonia, must have at least two portable gas 
detectors, or a fixed gas detector, available in the area. The detectors 
must be capable of showing whether the concentration of each toxic LHG 
being transferred is above, at, or below any Permissible Exposure Limit 
listed in 29 CFR 1910.1000, Table Z-1 or Z-2.
    (c) Each gas detector required by paragraph (a) or (b) of this 
section must serve to detect leaks, check structures for gas 
accumulations, and indicate workers' exposure to toxic gases in the 
area.

[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 or from 
a vessel must have a quick-closing shutoff valve to stop the flow of 
liquid and vapor from the waterfront facility handling LHG if a transfer 
hose or loading

[[Page 42]]

arm fails. This valve may be the isolation valve with a bleed connection 
required by Sec. 127.1101(c).
    (b) The valve required by paragraph (a) of this section must be 
located as near as practicable to the terminal manifold or loading-arm 
connection 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 controlled 
closing; 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 that performs the same 
function.
    (c) A remote actuator for each valve must be located in a place 
accessible in an emergency, at least 15 meters (49.2 feet) from the 
terminal manifold or loading arm, and conspicuously marked with its 
designated function. When activated, the actuator must also 
automatically shut down any terminal pumps or compressors used to 
transfer 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 or 
flashing amber light that is visible for at least 1,600 meters (1 mile) 
from the transfer connection in all directions.
    (b) Each marine transfer area for LHG must also have a siren that is 
audible for at least 1,600 meters (1 mile) from the transfer connection 
in all directions.
    (c) Each light and siren required by this section must be located so 
as to minimize obstructions. If any obstruction will prevent any of 
these alarms from meeting paragraph (a) or (b) of this section, the 
operator of the waterfront facility handling LHG shall propose for 
approval by the local COTP additional or alternative warning devices 
that 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 for 
respiratory protection for each employee of the facility in the marine 
transfer area for LHG during the transfer of one or more of the 
following 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 at least 5 
minutes.

                               Operations



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

and certification.

    (a) No person may serve, or use the services of any person, as a 
person in charge of transfers for the facility regulated under this 
subpart, unless that person--
    (1) Has at least 48 hours' transfer experience with each LHG being 
transferred;
    (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 the 
examined Emergency Manual.
    (b) Before a person in charge of transfers for a waterfront facility 
handling LHG supervises a transfer of LHG, the operator of the facility 
shall certify in writing that that person has met the requirements in 
paragraph (a) of this section. The operator shall ensure that a copy of 
each current certification is available for inspection 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 shall ensure 
that each person assigned to act as a person in charge of transfers for 
the facility has training in the following subjects:
    (1) Properties and hazards of each LHG being transferred to or from 
the facility.
    (2) Use of the gas detectors required by Sec. 127.1203.

[[Page 43]]

    (3) Use of the equipment for respiratory protection required by 
Sec. 127.1209.
    (4) Basic firefighting procedures, including the use of the portable 
fire extinguishers required by Sec. 127.1503.
    (5) Content and use of the examined Operations Manual and examined 
Emergency Manual.
    (6) The configuration and limitations of cargo systems of LHG 
vessels.
    (7) Procedures for transferring LHG to and from LHG vessels.
    (8) Procedures for response to a release of the LHG handled by the 
facility.
    (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 is 
handled 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 this 
section shall receive refresher training in the same subjects at least 
once every 5 years.
    (c) The operator shall maintain, for each person trained, a record 
of all training provided under paragraphs (a) and (b) of this section. 
The operator shall retain these records for the duration of the person's 
employment on the waterfront facility plus 12 months.
    (d) Training conducted to comply with the hazard communication 
programs required by the Occupational Safety and Health Administration 
(OSHA) of the Department of Labor [29 CFR 1910.120] or the Environmental 
Protection Agency (EPA) [40 CFR 311.1] may be used to satisfy the 
requirements in paragraph (a) of this section, so far as the training 
addresses the requirements in paragraph (a) of this section.



Sec. 127.1303  Compliance with suspension order.

    If the COTP issues to the owner or operator of a waterfront facility 
handling LHG an order to suspend a transfer, no transfer may take 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 vapor transfer 
system, including each mooring area, transfer connection, and (where 
installed) control room, and a diagram of the piping and electrical 
systems;
    (b) The duties of each person assigned to transfers;
    (c) The maximum relief-valve setting or MAWP of the transfer system;
    (d) The telephone numbers of supervisors, persons in charge of 
transfers for the facility, persons on watch in the marine transfer area 
for LHG, and security personnel of the facility;
    (e) A description for each security system provided for the transfer 
area;
    (f) A description of the training programs established under Sec. 
127.1302;
    (g) The procedures to follow for security violations; and
    (h) For each LHG handled, the procedures for transfer that include--
    (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 its 
vapors;
    (iv) The procedures for response to a release of the LHG; and,
    (v) If the LHG is flammable, the procedures for fighting a fire 
involving the LHG or its vapors;
    (2) A description of the emergency shutdown required by Sec. 
127.1205;
    (3) The procedures for emergency shutdown;

[[Page 44]]

    (4) A description of the number, kind, place, and use of the fire 
equipment required by Sec. 127.1501(a) and of the portable fire 
extinguishers required by Sec. 127.1503;
    (5) The telephone numbers of local Coast Guard units, hospitals, 
fire departments, police departments, and other emergency-response 
organizations;
    (6) If the facility has personnel shelters, the place of and 
provisions in each shelter;
    (7) If the facility has first-aid stations, the location of each 
station;
    (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 required by 
OSHA in 29 CFR 1910.38 may be used to comply with this section to the 
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 ensure 
that--
    (a) No transfer is conducted unless the facility has an examined 
Operations Manual and an examined Emergency Manual;
    (b) Each transfer is conducted in accordance with the examined 
Operations Manual; and
    (c) Each emergency response is conducted in accordance with the 
examined Emergency Manual.



Sec. 127.1311  Motor vehicles.

    (a) When LHG is being transferred or stored in the marine transfer 
area of a waterfront facility handling LHG, the operator shall ensure 
that no person--
    (1) Stops or parks a motor vehicle in a space other than a 
designated parking space;
    (2) Refuels a motor vehicle within the area; or
    (3) Operates a vehicle or other mobile equipment that constitutes a 
potential source of ignition within 15 meters (49.2 feet) of any storage 
container, manifold, loading arm, or independent mating flange 
containing a flammable liquid or vapor.
    (b) If motor vehicles are permitted to stop in the marine transfer 
area for LHG, the operator shall designate and mark parking spaces 
that--
    (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 storage 
container, manifold, loading arm, or independent mating flange 
containing a flammable liquid or vapor.



Sec. 127.1313  Storage of hazardous materials.

    (a) Each operator of a waterfront facility handling LHG shall ensure 
that no materials listed in the table of hazardous materials under 49 
CFR 172.101, except for the following, are stored in the marine transfer 
area for LHG:
    (1) The LHG being transferred.
    (2) Fuel required by the vessel, or by emergency equipment in the 
area.
    (3) Oily wastes received from vessels.
    (4) Solvents, lubricants, paints and similar materials in the amount 
required for one day's operations and maintenance.
    (b) The operator shall ensure that flammable liquids not stored in 
bulk 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 the 
facility shall--
    (a) Inspect piping and equipment within the marine transfer area for 
LHG to be used for transfer and ensure that it meets the requirements in 
this part;
    (b) Determine the contents, pressure, temperature, and capacity of 
each storage tank to or from which LHG will be transferred, to ensure 
that it is safe for transfer;
    (c) Confer with the person in charge of transfer aboard the vessel, 
to review and agree on--
    (1) The sequence of acts required for transfer;

[[Page 45]]

    (2) The rate, maximum working pressure, and minimum working 
temperature of transfer;
    (3) The duties, stations, and watches of each person assigned for 
transfer; and
    (4) The emergency procedures in the examined Emergency Manual;
    (d) Ensure that the vessel is securely moored and that the transfer 
connections allow it to move to the limits of its moorings without 
placing a strain on the piping, hose, or loading arm used for transfer;
    (e) Ensure that each part of the transfer system is aligned to allow 
the flow of LHG to the desired place;
    (f) Ensure the display of the warning signs required by Sec. 
127.1113;
    (g) Ensure that the requirements of this part concerning smoking and 
fire protection are met;
    (h) Ensure that qualified personnel are on duty in accordance with 
the examined Operations Manual and Sec. Sec. 127.1301 and 127.1302; 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 shall ensure 
that no person transfers LHG to or from a vessel until a Declaration of 
Inspection that meets paragraph (c) of this section is executed and 
signed by both the person in charge aboard the vessel and the person in 
charge for the facility.
    (b) No person in charge of transfer for the facility may sign the 
Declaration unless that person has fulfilled the requirements of Sec. 
127.1315 and has indicated fulfillment of each requirement by writing 
his or her initials in the appropriate space on the 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 the initials 
of both the person in charge aboard the vessel and the person in charge 
for the facility after each requirement, indicating the fulfillment of 
the requirement;
    (4) The signatures of both the person in charge aboard the vessel 
and the person in charge for the facility, and the date and time of 
signing, indicating that they are both ready to begin transfer; and
    (5) The signature of each relief person in charge and the date and 
time of each relief.
    (d) The person in charge of transfer for the facility shall give one 
signed copy of the Declaration to the person in charge of transfer 
aboard the vessel and retain the other.
    (e) Each operator of a facility shall retain a signed copy of the 
Declaration at the facility for 30 days after the transfer.



Sec. 127.1319  Transfer of LHG.

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

[[Page 46]]

    (ii) Transfer of flammable LHG is discontinued when electrical 
storms or uncontrolled fires approach near the area; and
    (4) Ensure that the outdoor lighting required by Sec. 127.1109 is 
turned on between sunset and sunrise.
    (d) Upon completion of transfer of LHG, each operator of a 
waterfront facility handling LHG shall ensure that hoses and loading 
arms used for transfer are drained of LHG residue and depressurized 
before disconnecting from the vessel.

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



Sec. 127.1321  Release of LHG.

    (a) Each operator of a waterfront facility handling LHG shall ensure 
that--
    (1) No person intentionally releases LHG into the environment; and
    (2) If a release of LHG or its vapor threatens vessels or persons 
outside the marine transfer area for LHG, they are notified by the 
warning devices.
    (b) If LHG or its vapor is released, the person in charge of 
transfer for the facility shall--
    (1) Immediately notify the person in charge of transfer aboard the 
vessel that transfer must be shut down;
    (2) Shut down transfer in coordination with the person aboard the 
vessel;
    (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 ensure 
that--
    (a) Access to the marine transfer area for LHG from shoreside and 
waterside is limited to--
    (1) Personnel who work in the area, transfer personnel, vessel 
personnel, and delivery and service personnel in the course of their 
business;
    (2) Federal, State, and local officials; and
    (3) Other persons authorized by the operator;
    (b) Each person allowed into the area is positively identified as 
someone authorized to enter and that each person other than an employee 
of the facility displays an identifying badge;
    (c) Guards are stationed, and fences or other devices are installed, 
to prevent, detect, and respond to unauthorized access, fires, and 
releases of LHG in the area, except that alternative measures approved 
by the COTP (such as electronic monitoring or random patrols) will be 
sufficient where the stationing of guards is impracticable; and
    (d) Coast Guard personnel are allowed access to the facility, at any 
time, to make any examination or to board any vessel moored at the 
facility.

                               Maintenance



Sec. 127.1401  General.

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



Sec. 127.1403  Inspections.

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



Sec. 127.1405  Repairs.

    Each operator of a waterfront facility handling LHG shall ensure 
that--
    (a) Equipment is repaired so that--
    (1) The equipment continues to meet the applicable requirements in 
this 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 shall 
conduct a static liquid-pressure test of the piping, hoses, and loading 
arms of the LHG-transfer system located in the marine transfer area for 
LHG, and shall verify the set pressure of the safety and relief valves--
    (1) After the system or the valves are altered;

[[Page 47]]

    (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 tests 
not exceeding 15 months.
    (b) The pressure for the test under paragraph (a) of this section 
must 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, to 
ensure that the displayed pressure is within 10 percent of the actual 
pressure, at least once each calendar year, with intervals between tests 
not exceeding 15 months.
    (d) The operator shall conduct a test of each item of remote 
operating or indicating equipment, such as a remotely operated valve, at 
least once each calendar year, with intervals between tests not 
exceeding 15 months.
    (e) The operator shall conduct a test of the emergency shutdown 
required by Sec. 127.1205 at least once every two months, to ensure 
that it will perform as intended. If transfers of LHG occur less often 
than every two months, the operator may conduct this test before each 
transfer instead of every two months.
    (f) The operator shall conduct a test of the warning alarm required 
by Sec. 127.1207 at least once every six months, to ensure that it will 
perform as intended. If transfers of LHG occur less often than every six 
months, the operator may conduct this test before each transfer instead 
of every six months.



Sec. 127.1409  Records.

    (a) Each operator of a waterfront facility handling LHG shall keep 
on file:
    (1) A description of the components inspected or tested under Sec. 
127.1403 or 127.1407.
    (2) The date and results of each inspection or test under Sec. 
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 repair to 
the LHG transfer system or its valves.
    (b) The operator shall keep this information on file for at least 24 
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 an 
evaluation based upon sound principles of fire-protection engineering, 
analysis of local conditions, hazards within the waterfront facility 
handling LHG, and exposure to other property. A description of the 
number, kind, place, and use of fire equipment determined by this 
evaluation must appear in the Emergency Manual for each facility. The 
evaluation for each new facility and for all new construction on each 
existing facility must be submitted to the COTP for review when the 
emergency manual is submitted under Sec. 127.1307.
    (b) All fire equipment for each facility must be adequately 
maintained, and periodically inspected and tested, so it will perform as 
intended.
    (c) The following must be red or some other conspicuous color and be 
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, of 
Underwriters Laboratories, Inc., Factory Mutual Research Corporation, or 
other independent laboratory recognized by NFPA.

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



Sec. 127.1503  Portable fire extinguishers.

    Each operator of a waterfront facility handling LHG must provide 
portable fire extinguishers of appropriate, number, size, and kind in 
the 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 for emergency 
response and rescue pending the arrival

[[Page 48]]

of resources for firefighting or pollution control. Response and rescue 
may be performed 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 be 
furnished to those personnel. Training and equipment that meets 29 CFR 
1910.120, hazardous-waste operations and emergency response, will be 
appropriate.
    (2) If response and rescue are performed by an off-site 
organization, the organization must enter into a written agreement with 
the facility indicating the services it will perform and the time within 
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 of 
water and a means for distributing and applying the water to protect 
personnel; to cool storage tanks, equipment, piping, and vessels; and to 
control unignited leaks and spills in the marine transfer area for LHG 
except when the evaluation required by Sec. 127.1501(a) indicates 
otherwise. The evaluation must address fire protection for structures, 
cargo, and vessels. Each water system must include on the pier or wharf 
at least one 2\1/2\-inch supply line, one 2\1/2\-inch fire hydrant, and 
enough 2\1/2\-inch hose to connect the hydrant to the vessel.
    (b) Each water system must fully and simultaneously supply, for at 
least 2 hours, all fixed fire-protection systems, including monitor 
nozzles, at their designed flow and pressure for the worst single 
incident 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 waterfront 
facility handling LHG that transfers a flammable LHG, portable or 
wheeled fire extinguishers suitable for gas fires, preferably dry 
chemical extinguishers, must be available at strategic sites, as 
determined by the evaluation required by Sec. 127.1501(a).
    (b) Fixed systems for extinguishing or controlling fires may be 
appropriate for protection against particular hazards. The evaluation 
required by Sec. 127.1501(a) may specify the use of one or more 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 flag vessels 
must have an international shore connection meeting the requirements of 
ASTM F 1121 (incorporated by reference, see Sec. 127.003).

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

                             Fire Protection



Sec. 127.1601  Smoking.

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



Sec. 127.1603  Hotwork.

    Each operator of a waterfront facility handling LHG shall ensure 
that no person conducts welding, torch cutting, or other hotwork on the 
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 ensure 
that in the marine transfer area for LHG--
    (a) There are no open fires or open flame lamps;

[[Page 49]]

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

[CGD 88-049, 60 FR 39796, Aug. 3, 1995, as amended by CGD 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 terminal security officer?
128.220 What must I do to report an unlawful act and related activity?

          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 Security Plan?
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 clarification of 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 States or 
its territories when being used for the assembling, processing, 
embarking, or disembarking of passengers or baggage for passenger 
vessels over 100 gross tons, carrying more than 12 passengers for hire; 
making a voyage lasting more than 24 hours, any part of which is on the 
high seas. It does not apply to terminals when serving ferries that hold 
Coast Guard Certificates of Inspection endorsed for ``Lakes, Bays, and 
Sounds'', and that transit international waters for only short periods 
of time, on frequent schedules.



Sec. 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 part 
with the approval of the Director of the Federal Register in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other 
than that specified in paragraph (b) of this section, the Coast Guard 
must publish notice of change in the Federal Register and must make the 
material available to the public. All approved material may be inspected 
at the U.S. Coast Guard, (CG-521), 2100 2nd St., SW., Stop 7126, 
Washington, DC 20593-7126, and at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal--register/code--of--federal--regulations/ibr--locations.html. 
Copies may be obtained from IMO, 4 Albert Embankment, London SE1 7 SR.
    (b) The materials approved for incorporation by reference in this 
part and the sections affected are:

                International Maritime Organization (IMO)

4 Albert Embankment, London SE1 7SR
MSC Circular 443, Measures to Prevent Unlawful Acts Against Passengers 
    and Crews on Board Ships September 26, 1986--128.220, 128.300

[CGD 91-012, 61 FR 37654, July 18, 1996, as amended by USCG-2002-12471, 
67 FR 41332, June 18, 2002; 69 FR 18803, Apr. 9, 2004; USCG-2010-0351, 
75 FR 36283, June 25, 2010]

[[Page 50]]



                       Subpart B_Security Program



Sec. 128.200  What must my Terminal Security Plan cover?

    (a) If this part applies to your passenger terminal, you must 
implement for that terminal a program that--
    (1) Provides for the safety and security of persons and property in 
the terminal and aboard each passenger vessel subject to part 120 of 
this chapter moored at the terminal, against unlawful acts;
    (2) Prevents or deters the carriage aboard any such vessel moored at 
the terminal of any prohibited weapon, incendiary, or explosive on or 
about any person or within his or her personal articles or baggage, and 
the carriage of any prohibited weapon, incendiary, or explosive in 
stowed baggage, cargo, or stores;
    (3) Prevents or deters unauthorized access to any such vessel and to 
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 Commandant or 
Captain of the Port (COTP) advises you that a threat of an unlawful act 
exists and may affect the terminal, a vessel, or any person aboard the 
vessel or terminal;
    (5) Designates, by name, a security officer for the terminal;
    (6) Provides for the evaluation of all security personnel of the 
terminal, before hiring, to determine suitability for employment; and
    (7) Provides for coordination with vessel security while any 
passenger vessel subject to part 120 of this chapter is moored at the 
terminal.
    (b) If this part applies to your passenger terminal, you must work 
with the operator of each passenger vessel subject to part 120 of this 
chapter, to provide security for the passengers, the terminal, and the 
vessel. You need not duplicate any provisions fulfilled by the vessel 
unless directed to by the COTP. When a provision is fulfilled by a 
vessel, the applicable section of the Terminal Security Plan required by 
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 must 
designate a security officer for the terminal.
    (b) This officer must ensure that--
    (1) An initial comprehensive security survey is conducted and 
updated;
    (2) The Terminal Security Plan required by Sec. 128.300 is 
implemented and maintained, and that amendments to correct its 
deficiencies and satisfy the security requirements of the terminal are 
proposed;
    (3) Adequate training for personnel responsible for security is 
provided;
    (4) Regular security inspections of the terminal are conducted;
    (5) Vigilance is encouraged, as well as is general awareness of 
security, at the terminal;
    (6) All occurrences or suspected occurrences of unlawful acts and 
related activities are reported under Sec. 128.220 and records of the 
incident are maintained; and
    (7) Coordination, for implementation of the Terminal Security Plan 
required by Sec. 128.300, takes place with the vessel security officer 
of each vessel that embarks or disembarks passengers at 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 each 
breach of security, unlawful act, or threat of an unlawful act against 
the terminal, a passenger vessel subject to part 120 of this chapter 
destined for or moored at that terminal, or any person aboard the 
terminal or vessel, to the COTP, to the local office of the Federal 
Bureau of Investigation (FBI), and to the local police agency having 
jurisdiction over the terminal.
    (b) Either you or the terminal security officer must file a written 
report of the incident using the form ``Report on an Unlawful Act,'' 
contained in IMO MSC Circular 443, as soon as possible, to the local 
COTP.

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

[[Page 51]]



          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 must 
develop and maintain, in writing, for that terminal, an appropriate 
Terminal Security Plan that articulates the program required by Sec. 
128.200.
    (b) The Terminal Security Plan must be developed and maintained 
under the guidance in IMO MSC Circular 443 and must address the security 
of passengers aboard passenger vessels subject to part 120 of this 
chapter, of members of crews of such vessels, and of employees of the 
terminal, by establishing security measures to take for Security Levels 
I, II, and III, to--
    (1) Deter unauthorized access to the terminal and its restricted 
areas 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 any 
passenger 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 the terminal;
    (5) Coordinate responsibilities for security with the operator of 
each 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 known 
deficiencies.
    (d) You must restrict the distribution, disclosure, and availability 
of information contained in the Terminal Security Plan to those 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 Terminal 
Security Plan whenever--
    (1) There is an agreement with you that the owner or operator of the 
vessel will submit the Plan;
    (2) The owner or operator of the vessel has exclusive use of the 
pier and terminal building immediately adjacent to the pier and has 
complete control of that area;
    (3) There is no terminal; or
    (4) Passengers embark or disembark but no baggage or stores are 
loaded or offloaded.
    (b) In the situations described in paragraphs (a)(3) and (4) of this 
section, the owner or operator of the vessel may, with the permission of 
the cognizant COTP, use an annex to the vessel's security 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 vessel 
that you will submit the Plan;
    (2) No security agreement exists; or
    (3)(i) At least one vessel other than a passenger vessel uses the 
terminal;
    (ii) More than one passenger vessel line uses the terminal; or
    (iii) The terminal loads or offloads baggage or stores.

[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 by 
an entity other than yourself under Sec. 128.305 or Sec. 120.303 of 
this chapter, you must submit two copies of each Terminal Security Plan 
required by Sec. 128.300 to the COTP for examination at least 60 days 
before transferring passengers to or from a vessel subject to part 120 
of this chapter.
    (b) If the COTP finds that the Terminal Security Plan meets the 
requirements of Sec. 128.300, he or she will return a copy to you 
marked ``Examined by the Coast Guard.''
    (c) If the COTP finds that the Terminal Security Plan does not meet 
the requirements of Sec. 128.300, he or she will return the Plan with 
an explanation of why it does not meet them.
    (d) No terminal subject to this part may transfer passengers to or 
from a passenger vessel subject to part 120 of this chapter, unless it 
holds either a

[[Page 52]]

Terminal Security Plan that we have examined or a letter from the COTP 
stating that we are currently reviewing the Plan and that normal 
operations may continue until the COTP has determined whether 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 must 
amend your Terminal Security Plan when directed by the COTP, and may 
amend it on your own initiative.
    (b) You must submit each proposed amendment to the Terminal Security 
Plan you initiate to the COTP for review at least 30 days before the 
amendment is to take effect, unless he or she allows a shorter period. 
The COTP will examine the amendment and respond according to Sec. 
128.307.
    (c) The COTP may direct you to amend your Terminal Security Plan if 
he or she determines that implementation of the Plan is not providing 
effective security. Except in an emergency, he or she will issue you a 
written notice of matters to address and will allow you at least 60 days 
to submit proposed amendments.
    (d) If there is an emergency or other circumstance that makes the 
procedures in paragraph (c) of this section impracticable, the COTP may 
give you an order to implement increases in security immediately. The 
order will incorporate a statement of the reasons for it.

[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 the 
COTP under this part, may appeal that action or decision to the 
cognizant District Commander according to the procedures in 46 CFR 1.03-
15; the District Commander's decision on appeal may be further appealed 
to the Commandant according to the procedures in 46 CFR 1.03-25.

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

[[Page 53]]



 SUBCHAPTER M_MARINE POLLUTION FINANCIAL RESPONSIBILITY AND 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 responsible party.
133.25 Notification of Governor's designee.

    Authority: 33 U.S.C. 2712(a)(1)(B), 2712(d) and 2712(e); Sec. 1512 
of the Homeland Security Act of 2002, Pub. L. 107-296, Title XV, Nov. 
25, 2002, 116 Stat. 2310 (6 U.S.C. 552(d)); E.O. 12777, 56 FR 54757, 3 
CFR, 1991 Comp., p. 351, as amended by E.O. 13286, 68 FR 10619, 3 CFR, 
2004 Comp., p. 166; Department of Homeland Security Delegation No. 
0170.1., para. 2(80).

    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 to 
request payments from the Oil Spill Liability trust Fund (the Fund) for 
oil pollution removal costs under section 1012(d)(1) of the Oil 
Pollution 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 same meaning 
as set forth in section 1001 of the Act (33 U.S.C. 2701): ``discharge'', 
``exclusive economic zone'', ``Fund'', ``incident'', ``National 
Contingency 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 (33 U.S.C. 2701 
through 2719).
    Director, NPFC, means the person in charge of the U.S. Coast Guard 
National Pollution Funds Center or that person's authorized 
representative.
    NPFC means the Director National Pollution Funds Center, NPFC MS 
7100, U.S. Coast Guard, 4200 Wilson Blvd., Suite 1000, Arlington, VA 
20598-7100.
    On-Scene Coordinator or OSC means the Federal official predesignated 
by the Environmental Protection Agency or the U.S. Coast Guard to direct 
and coordinate all efforts for removal of a discharge, or the mitigation 
or the prevention of a substantial threat of a discharge, of oil.
    Removal action means an incident-specific activity taken under this 
part to contain or remove a discharge, or to mitigate or prevent a 
substantial threat of a discharge, of oil.

[CGD 92-014, 57 FR 53969, Nov. 13, 1992, as amended by USCG-2009-0416, 
74 FR 27440, June 10, 2009]



Sec. 133.5  Requests: General.

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



Sec. 133.7  Requests: Amount.

    (a) The amount of funds that may be requested under this part--
    (1) Is limited to the amount anticipated for immediate removal 
action for a single oil pollution incident, but, in

[[Page 54]]

any event, may not exceed $250,000 per incident;
    (2) Must be for removal costs consistent with the National 
Contingency Plan; and
    (3) Must be reasonable for the removal actions proposed, considering 
such factors as quantity and composition of the oil, weather conditions 
and customary costs of similar services in the locale.
    (b) The funds requested are obligated only to the extent they are 
determined to be for immediate removal actions which are reasonable and 
otherwise eligible for payment under this part.



Sec. 133.9  Requests: Where made.

    Requests for access to the Fund under Sec. 133.5 must be made 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 the 
request shall--
    (a) Indicate that the request is a State access request under 33 CFR 
part 133;
    (b) Give his or her name, title, department, and State;
    (c) Describe the incident in sufficient detail to allow a 
determination of jurisdiction, including at a minimum the date of the 
occurrence, type of product discharged, estimated quantity of the 
discharge, body of water involved, and proposed removal actions for 
which 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 action must 
meet the following:
    (a) Must be for an incident, occurring after August 18, 1990, which 
resulted in a discharge, or the substantial threat of a discharge, of 
oil into or upon the navigable waters or adjoining shorelines.
    (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 his or her 
discretion, the OSC will determine whether the proposed removal actions 
meet the requirements of Sec. 133.13. If necessary, the OSC may seek 
further clarification of the proposed actions from the State official. 
The OSC shall expeditiously notify the State official 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 with the 
OSC and conducted in accordance with the National Contingency Plan.



Sec. 133.19  Recordkeeping.

    (a) The State official shall maintain detailed records of 
expenditures made from the funds provided under this part, including 
records of--
    (1) Daily expenditures for each individual worker, giving the 
individual's name, title or position, activity performed, time on task, 
salary or hourly rate, travel costs, per diem, out-of-pocket or 
extraordinary expenses, and whether the individual is normally available 
for oil spill removal;
    (2) Equipment purchased or rented each day, with the daily or hourly 
rate;
    (3) Miscellaneous materials and expendables purchased each day; and
    (4) Daily contractor or consultant fees, including costs for their 
personnel and contractor-owned or rented equipment, as well as that of 
any subcontractor.
    (b) The State official shall submit a copy of these records and a 
summary document stating the total of all expenditures made to the NPFC 
official specified in Sec. 133.25(c) within thirty days after 
completion of the removal actions. A copy of these documents shall also 
be submitted to the cognizant OSC.
    (c) Upon request of the OSC or the NPFC, the State official shall 
make the original records available for inspection.
    (d) If, after inspecting the records, the Director, NPFC, determines 
that expenditures by a State official from

[[Page 55]]

funds obligated under this part were not eligible for funding under this 
part and the expenditures were not made with the good faith 
understanding that they were eligible under this part, the Director, 
NPFC, may seek reimbursement to the Fund from the State.



Sec. 133.21  Records retention.

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



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

    (a) The State official shall promptly make a thorough investigation 
to determine the source of the incident and the responsible party.
    (b) Upon completion of the investigation, the State official shall 
forward the results of the investigation and copies of the supporting 
evidence identifying the source and the responsible party to both the 
cognizant OSC and the NPFC official specified in Sec. 133.25(c).



Sec. 133.25  Notification of Governor's designee.

    (a) If the Governor of a State anticipates the need to access the 
Fund under this part, he or she must advise the NPFC in writing of the 
specific individual who is designated to make requests under this part.
    (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 must 
be forwarded to the Director National Pollution Funds Center, NPFC CM, 
MS 7100, U.S. Coast Guard, 4200 Wilson Blvd., Suite 1000, Arlington, VA 
20598-7100.

[CGD 92-014, 57 FR 53969, Nov. 13, 1992, as amended by USCG-2009-0416, 
74 FR 27440, June 10, 2009]



PART 135_OFFSHORE OIL POLLUTION COMPENSATION FUND--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 Financial Responsibility.
135.403 Sanctions for failure to produce vessel Certificates of 
          Financial Responsibility.
135.405 Appeal provisions.

    Authority: 33 U.S.C. 2701-2719; E.O. 12777, 56 FR 54757; 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, and 
administrative practices regarding offshore oil pollution liability and 
compensation, including

[[Page 56]]

the administration and general operation of the fund established under 
Title III of the Outer Continental Shelf Lands Act Amendments of 1978 
(Pub. L. 95-372, 43 U.S.C. 1811 et. seq.).



Sec. 135.3  Applicability.

    (a) This part applies to each person who:
    (1) Owns oil obtained from the Outer Continental Shelf when the oil 
in produced;
    (2) Owns, operates, or is the guarantor of the owner or operator of 
any vessel;
    (3) Owns, operates, or is the guarantor of the owner or operator of 
any offshore facility;
    (4) Sustains an economic loss as a consequence of oil pollution 
arising from Outer Continental Shelf activities; or
    (5) Otherwise has responsibilities under Title III of the Act and 
the regulations in this part.



Sec. 135.5  Definitions.

    (a) As used in this part, the following terms shall have the same 
meaning as defined in section 301 of Title III of the Outer Continental 
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 in charge''; ``public vessel''; and 
``vessel''.
    (b) As used in this part:
    (1) Act means Title III of the Outer Continental Shelf Lands Act 
Amendments of 1978 (Pub. L. 95-372), entitled ``Offshore Oil Spill 
Pollution Fund''.
    (2) Captain of the Port means a Coast Guard officer designated as 
Captain of the Port for the areas described in part 3 of this chapter, 
or that person's authorized representative or, where there is no Captain 
of the Port area, the District Commander.
    (3) Commandant means the Commandant of the Coast Guard or that 
person's authorized representative.
    (4) District Commander means the Coast Guard officer commanding 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 the authority and 
functions of the Commandant as administrator of the Fund are delegated.
    (6) Oil means petroleum, including crude oil or any fraction or 
residue therefrom and natural gas condensate, except that the term does 
not include natural gas.
    (7) Outer Continental Shelf or OCS means ``outer Continental Shelf'' 
as defined in section 2(a) of the Outer Continental Shelf Lands Act (43 
U.S.C.1331(a)).



Sec. 135.7  Delegation--Fund Administrator.

    (a) The Fund Administrator is delegated authority to perform those 
functions assigned or delegated to the Secretary of Transportation under 
the Act not reserved by the Secretary of Transportation or the 
Commandant.
    (b) The Fund Administrator may redelegate and authorize successive 
redelegations of the authority granted in paragraph (a) of this section 
within the command under which that person has jurisdiction or to 
members of the Fund staff.



Sec. 135.9  Fund address.

    The address to which correspondence relating to the Coast Guard's 
administration of the Fund should be directed is: Director National 
Pollution Funds Center, NPFC MS 7100, U.S. Coast Guard, 4200 Wilson 
Blvd., Suite 1000, Arlington, VA 20598-7100.

[CGD 86-032, 52 FR 23175, June 18, 1987, as amended by CGD 88-052, 53 FR 
25120, July 1, 1988; USCG-1998-3799, 63 FR 35530, June 30, 1998; USCG-
2009-0416, 74 FR 27440, June 10, 2009]



                         Subpart B_Levy of Fees



Sec. 135.101  Purpose.

    (a) The purpose of this subpart is to state the general requirements 
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 the 
OCS and is imposed upon the owner of the oil when such oil is produced.

[[Page 57]]

    (b) The owner of oil obtained from the OCS shall, for the purpose of 
computing the barrel fee levied in paragraph (a) of this section, 
measure OCS oil production by employing the methods and criteria of the 
Minerals Management Service contained in 30 CFR 250.180.
    (c) The barrel fee levied in paragraph (a) of this section applies 
whenever the unobligated Fund balance is less than $200,000,000.
    (d) Payment of the fee levied in paragraph (a) of this section is 
made in accordance with the fee collection regulations of the IRS at 26 
CFR part 301, Sec. 301.9001. Federal government entitlement to royalty 
oil does not constitute ownership of oil at time of production. The Fund 
Administrator advises the IRS when the unobligated Fund balance requires 
starting or stopping the collection of the barrel fee levied in this 
section, so the IRS may provide appropriate notice to affected owners of 
OCS oil.

[CGD 88-050, 53 FR 52997, Dec. 30, 1988, as amended by CGD 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 offshore 
facility required by the Act to establish and maintain evidence of 
financial responsibility.
    (b) For the purpose of this subpart:
    (1) All structures, including platforms, wells, and pipelines, are 
considered a single offshore facility if they are physically connected, 
located upstream of the point of custody transfer, within the same oil 
field, and under one ownership.
    (2) If separate parts of a structure, including platforms and 
pipelines, are owned separately, each part having common ownership is 
considered a separate offshore facility.
    (3) A mobile offshore drilling unit is considered an offshore 
facility from the moment a drill shaft or other device connected to the 
unit first touches the seabed or connects to a well for the purposes of 
exploration, development, or production of oil until drilling is 
completed and the unit is no longer attached to the well or drill hole 
by any device.
    (4) A mobile offshore drilling unit considered an offshore facility 
under paragraph (b)(3) of this section remains a separate facility when 
physically connected to another offshore facility, unless both are under 
one ownership.
    (5) All segments of a common carrier pipeline from the point of 
custody transfer to the shore, including any pumping or booster 
stations, which are under one ownership are considered a single offshore 
facility.
    (6) Any pipeline, which is under one ownership, between two offshore 
facilities, or between an offshore facility and the shore, is considered 
a single offshore facility.
    (7) Offshore facilities which drill for, produce, or process only 
natural gas are not subject to this subpart unless the facilities have 
the capacity to transport, store, or otherwise handle more than 1,000 
barrels of condensate at any one time.
    Note: Regulations governing financial responsiblity and 
certification for vessels are promulgated by the Federal Maritime 
Commission.



Sec. 135.203  Amount required.

    (a) Each facility that is used for drilling for, producing, or 
processing oil, or which has the capacity to transport, store, transfer, 
or otherwise handle more than one thousand barrels of oil at any one 
time must be covered by evidence of financial responsibility submitted 
by or on behalf of the owner or operator of the facility, in the amount 
of $35,000,000.
    (b) Evidence of financial responsibility established and maintained 
by a person who owns or operates more than one facility, or who has an 
interest in the ownership or operation of more than one facility, may be 
applied by that person towards establishing and maintaining the required 
evidence of financial responsibility for each facility in which that 
person has an interest, if the evidence is available to satisfy 
liabilities arising out of incidents involving those facilities.

[[Page 58]]



Sec. 135.204  Submission of evidence.

    (a) Where the offshore facility is owned and operated solely by one 
person, that person must establish and maintain evidence of financial 
responsibility covering the facility.
    (b) Where the offshore facility is owned in its entirety by one 
person and operated solely by another person, evidence of financial 
responsibility covering the facility must be established and maintained 
by either the owner or the operator, or, in consolidated form, by both 
the owner and operator.
    (c) Where the offshore facility is owned or operated by more than 
one person, evidence of financial responsibility covering the facility 
must be established and maintained by any one of the owners or 
operators, or, in consolidated form, by or on behalf of two or more 
owners or operators.
    (d) When evidence of financial responsibility is established in a 
consolidated form, the proportional share of each participant must be 
shown. The evidence must be accompanied by a statement authorizing the 
applicant to act for and in behalf of each participant in submitting and 
maintaining the evidence of financial responsibility.
    (e) Each owner and operator of a facility is subject to the penalty 
provided by section 312(a) of the Act if evidence of financial 
responsibility is not established and maintained for that facility.



Sec. 135.205  Methods of establishing.

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



Sec. 135.207  Insurance as evidence.

    (a) Insurance filed with the Fund Administrator as evidence of 
financial responsibility shall be issued by an insurer that is 
acceptable to the Fund Administrator. Those insurers may include 
domestic and foreign insurance companies, corporations or associations 
of individual insurers, protection and indemnity associations, or other 
persons acceptable to the Fund Administrator.
    (b) An insurer must:
    (1) Agree to be sued directly, within the limits of the policy 
coverage, by any person for claims under the Act against the owner or 
operator; and
    (2) Designate an agent in the United States for service of process.
    (c) Insurance as evidence of financial responsibility must indicate 
the effective date in the endorsement on the application for Certificate 
of Financial Responsibility, and must remain in force until the date of 
termination indicated in the endorsement or until--
    (1) 30 days after mailing, by certified mail, to the Fund 
Administrator, and the person insured, notification of intent to cancel; 
or
    (2) Other evidence of financial responsibility acceptable to the 
Fund Administrator has been established; or
    (3) The facility to which the insurance applies ceases to be a 
facility under Sec. 135.201(b).
    (d) Termination of insurance coverage shall not affect the liability 
of the insurer for an incident occurring before the effective date of 
termination.
    (e) Confirmation of insurance may be accepted from an insurance 
broker that is acceptable to the Fund Administrator, subject to the Fund 
Administrator's approval of the individual underwriters, in lieu of 
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 underwriters 
to the extent of their contracts;
    (4) Names the underwriters and percentages of the limit accepted by 
each;
    (5) States that the underwriters agree to give prior written notice 
of cancellation or change to the Fund Administrator as required in 
paragraph (c) of this section; and

[[Page 59]]

    (6) States that the notice indicated in paragraph (e)(5) of this 
section will not affect the underwriter's liability for incidents 
occurring 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, by 
any person for claims under the Act against the owner or operator; and
    (2) Designate an agent in the United States for service of process.
    (b) Guaranties filed as evidence of financial responsibility must be 
accompanied by the same proof that the Guarantor is financially 
responsible as this subpart would require of the owner or operator; 
i.e., insurance, surety bond, self-insurance, or other acceptable 
methods.
    (c) A guaranty as evidence of financial responsibility must indicate 
the effective date in the endorsement on the application for Certificate 
of Financial Responsibility, and must remain in force until the date of 
termination indicated in the endorsement or until:
    (1) 30 days after mailing, by certified mail, to the Fund 
Administrator, and the person guarantied, notification of intent to 
cancel; or
    (2) Other evidence of financial responsibility acceptable to the 
Fund Administrator has been established; or
    (3) The facility to which the guaranty applies ceases to be a 
facility under Sec. 135.201(b).
    (d) Termination of the guaranty shall not affect the liability of 
the guarantor for an incident occurring before the effective date of 
termination.



Sec. 135.210  Indemnity as evidence.

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



Sec. 135.211  Surety bond as evidence.

    (a) Each surety bond filed with the Fund Administrator as evidence 
of 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 which 
the bond is executed;
    (3) Is certified by the Department of the Treasury with respect to 
the issuance of Federal bonds in the penal sum of the bond; and
    (4) Designates an agent in the United States for service of process.
    (b) The bonding company must agree to be sued directly, within the 
limits of the surety bond, by any person for claims under the Act 
against the owner or operator.
    (c) A surety bond as evidence of financial responsibility must 
indicate the effective date in the endorsement on the application for 
Certificate of Financial Responsibility, and must remain in force until 
the date of termination indicated in the endorsement or until:
    (1) 30 days after mailing, by certified mail, to the Fund 
Administrator, and

[[Page 60]]

the person bonded, notification of intent to cancel; or
    (2) Other evidence of financial responsibility acceptable to the 
Fund Administrator has been established; or
    (3) The facility to which the surety bond applies ceases to be a 
facility under Sec. 135.201(b).
    (d) Termination of the surety bond shall not affect the liability of 
the surety for an incident occurring before the effective date of 
termination.



Sec. 135.213  Qualification as self-insurer.

    (a) Qualification for self insurance must be supported by a copy of 
the self-insurer's current balance sheet, income statement, and 
statement of changes in financial position that are certified by an 
independent Certified Public Accountant and must be accompanied by 
either:
    (1) An additional statement confirming that the self-insurer's 
current U.S. assets, including those of consolidated subsidiaries held 
in the U.S., not including pledged assets or stock not publicly traded, 
exceed the current U.S. liabilities, and the self-insurers net worth 
exceeds the amount of the requested self-insurance; or
    (2) A statement, based on an analysis of the self-insurer's 
financial 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 necessary to 
retire a claim for the amount of the self-insurance without placing the 
self-insurer in an insolvent position.
    (b) The statements required by paragraphs (a) (1) and (2) of this 
section must be prepared and submitted by the involved Certified Public 
Accountant when the required financial statements are prepared in 
consolidated form and the liability represents less than the full 
financial backing of the consolidated entity, otherwise they may be 
prepared and submitted by the Treasurer or equivalent official.
    (c) If the self-insurer files a Securities and Exchange Commission 
Form 10-K report, a copy of the self-insurer's most recent 10-K report 
must be filed with the Fund Administrator within 120 days after the end 
of the fiscal year to which it relates, in addition to filing the most 
recent 10-K report with the initial application.
    (d) Each self-insurer must file annually with the Fund 
Administrator, copies of documents required under paragraph (a) of this 
section, within 120 days after the close of the self-insurer's fiscal 
accounting period. If a self-insurer files a 10-K report with the Fund 
Administrator under paragraph (c) of this section which contains some of 
the financial statements required in paragraph (a), a separate 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 September 17, 1979.
    (2) If the offshore facility is not in existence on September 17, 
1979, apply for a Certificate of Financial Responsibility at least 45 
days before placing the offshore facility into operation or coverage 
becomes effective.
    (3) If submitting an application to include an additional facility 
under previously established evidence of financial responsibility, apply 
for a Certificate of Financial Responsibility as early as possible 
before the anticipated date of desired coverage.
    (b) Each application for a Certificate of Financial Responsibility 
must be made on a Coast Guard prescribed Application for Certificate of 
Financial Responsibility form, available from the Fund Administrator or 
any Coast Guard District Office. This form must be submitted for each 
facility; however, if evidence of financial responsibility has been 
previously established in an amount sufficient to meet Sec. 135.203 
(a), no additional evidence need be submitted with the application.
    (c) Each application form submitted under this section must be 
signed by the applicant. A written statement proving authority to sign 
must also be submitted where the signer is not disclosed as an 
individual (sole proprietor) applicant, a partner in a partnership 
applicant, or a director or other officer of a corporate applicant.
    (d) Financial data or other information submitted under this section 
that is proprietary in nature, or constitutes

[[Page 61]]

a trade secret, must be clearly designated as such to insure 
confidential treatment by the Fund Administrator, under 5 U.S.C. 552, 
the Freedom of Information Act, which provides for exemption from 
disclosure of trade secret data.
    (e) If any of the information submitted for certification is 
determined by the Fund Administrator to be insufficient the Fund 
Administrator may require additional information before final 
consideration of the application.
    (f) Certificates, as issued, are to be considered property of the 
U.S. Government, are not to be altered in any manner, and must be 
surrendered on demand when revoked in accordance with Sec. 135.223 of 
this subpart.
    (g) Applicants shall obtain a Certificate of Financial 
Responsibility for each facility.



Sec. 135.219  Notification of changes affecting certification.

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



Sec. 135.221  Reapplication for certification.

    (a) If a Certificate of Financial Responsibility becomes invalid for 
any reason, an application for a new certificate must be immediately 
submitted to the Fund Administrator in accordance with Sec. 135.204.



Sec. 135.223  Certificates, denial or revocation.

    (a) A certificate may be denied or revoked for any of the following 
reasons:
    (1) Making any willfully false statement to the Fund Administrator 
in connection with establishing or maintaining evidence of financial 
responsibility.
    (2) Failure of an applicant or certificant to establish or maintain 
evidence of financial responsibility as required by the regulations in 
this subpart.
    (3) Failure to comply with or respond to inquiries, regulations, or 
orders of the Fund Administrator concerning establishing or maintaining 
evidence of financial responsibility.
    (4) Failure to timely file the reports or documents required by 
Sec. 135.213 (c) and (d).
    (5) Cancellation or termination of any insurance policy, surety 
bond, indemnity, or guaranty issued under this subpart or modification 
thereto which reduces the financial capacity of the applicant or 
certificant to meet the requirements of this subpart, unless substitute 
evidence of financial responsibility has been submitted to and accepted 
by the Fund Administrator.
    (b) Denial or revocation of a certificate shall be immediate and 
without prior notice in a case where the applicant or certificant:
    (1) Is no longer the owner or operator of the offshore facility in 
question;
    (2) Fails to furnish acceptable evidence of financial responsibility 
in support of an application; or
    (3) Permits the cancellation or termination of the insurance policy, 
surety bond, indemnity, or guaranty upon which the continued validity of 
the certificate is based.
    (c) In any other case, before the denial or revocation of a 
certificate, the Fund Administrator advises the applicant or 
certificant, in writing, of the intention to deny or revoke the 
certificate, and shall state the reason therefor.
    (d) If the reason for an intended revocation is failure to file the 
reports or documents required by Sec. 135.213 (c) and (d) the 
revocation shall be effective 10 days after the date of receipt of the 
notice of intention to revoke, unless the certificant shall, before 
revocation, submit the required material or demonstrate that the 
required material was timely filed.
    (e) If the intended denial or revocation is based upon one of the 
reasons in paragraph (a)(1) or (a)(3) of this section, the applicant or 
certificant may request, in writing, a hearing to show

[[Page 62]]

that the applicant or certificant is in compliance with this subpart. If 
the applicant or certificant fails to file a timely request for a 
hearing, the denial or revocation is effective 10 days after receipt of 
the notice.
    (f) If a request for a hearing under paragraph (e) of this section 
is received by the Fund Administrator within 10 days after the date of 
receipt of a notice of intention to deny or revoke, the Fund 
Administrator grants a hearing and notifies the requesting party of the 
date, time, and location of the hearing. If a requesting party fails to 
enter an appearance at the scheduled hearing, or in lieu thereof fails 
to submit written evidence for the consideration of the hearing 
official, denial or revocation is effective as of the scheduled date and 
time of the hearing, unless an extension of time is granted by the Fund 
Administrator for good cause shown.
    (g) Hearings under this section are informal and are conducted by an 
official designated by the Fund Administrator. The official conducting 
the hearing considers all relevant material submitted and makes 
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 pollution means 
those incidents that are likely to result in a discharge of oil and 
include, but are not limited to: vessel collisions, grounding or 
stranding; structural failure in a tank, pipeline or other oil handling 
system; fire, explosion or other events which may cause structural 
damage to a vessel or offshore facility.

[CGD 77-055, 44 FR 16868, Mar. 19, 1979, as amended by CGD 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 is 
involved in an incident, including occurrences which pose an imminent 
threat of oil pollution shall, as soon as that person has knowledge of 
the incident, immediately notify by telephone, radio telecommunication 
or a similar rapid means of communication, in the following order of 
preference:
    (1) (Within or offshore of the 48 contiguous States only) The Duty 
Officer, National Response Center, U.S. Coast Guard, (CG-3112), 2100 2nd 
St. SW., Stop 7238, Washington, DC 20593-7238, toll free telephone 
number: 800-424-8802, direct telephone: 202-267-2675, or Fax: 202-267-
1322; or
    (2) The commanding officer or supervisor of any Coast Guard Sector 
Office, Captain of the Port Office, Marine Safety Unit or Port Safety 
Detachment in the vicinity of the incident; or
    (3) The commanding officer or officer in charge of any other Coast 
Guard unit in the vicinity of the incident; or
    (4) The Commander of any Coast Guard District.
    (b) Notification given in accordance with this subpart constitutes 
fulfillment of the requirements of Subpart B of 33 CFR part 153 
concerning Notice of the Discharge of Oil.

[CGD 77-055, 44 FR 16868, Mar. 19, 1979, as amended by USCG-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; USCG-2010-0351, 75 FR 36283, June 25, 2010]



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 in the incident shall 
provide his or her name and telephone number, or radio 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 offshore facility 
involved;
    (5) Size and color of any slick or sheen and the direction of 
movement;
    (6) Observed on scene weather conditions, including wind speed and 
direction, height and direction of seas, and any tidal or current 
influence present;

[[Page 63]]

    (7) Actions taken or contemplated to secure the source or contain 
and remove or otherwise control the discharged oil;
    (8) Extent of any injuries or other damages incurred as a result of 
the incident;
    (9) Observed damage to living natural resources; and
    (10) Any other information deemed relevant by the reporting party or 
requested by the person receiving the notification.
    (b) The person giving notification of an incident must not delay 
notification to gather all required information and must provide any 
information 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 to 
the Act shall, upon request by any Coast Guard officer or petty officer, 
permit access to the vessel and produce for examination the Certificate 
of Financial Responsibility.



Sec. 135.403  Sanctions for failure to produce vessel Certificates of 

Financial Responsibility.

    (a) The Captain of the Port issues denial or detention orders to the 
owner, operator, agent, or master of any vessel that cannot show upon 
request a valid Certificate of Financial Responsibility issued under the 
Act.
    (b) A denial order forbids entry of any vessel subject to the Act to 
any port or place in the United States or to the navigable waters of the 
United States.
    (c) A detention order detains any vessel subject to the Act at the 
port or place in the United States from which it is about to depart for 
any other port or place in the United States.
    (d) The Captain of the Port terminates a denial or detention order 
when the owner, operator, agent, or master of a vessel furnishes 
adequate evidence that the certification of financial responsibility 
requirements under the Act have been met.



Sec. 135.405  Appeal provisions.

    (a) The owner, operator, agent or master of a vessel issued a denial 
or detention order under this subpart may petition the District 
Commander 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 denial 
or detention order remains in effect pending the outcome of any petition 
or appeal of that order.
    (d) The District Commander acts on all petitions or appeals within 
10 days of receipt.
    (e) The decision of the District Commander is final agency action.



PART 136_OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; 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.

[[Page 64]]

136.217 Compensation allowable.

                             Subsistence Use

136.219 Authorized claimants.
136.221 Proof.
136.223 Compensation allowable.

                           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(e) and 2714; Sec. 1512 of the Homeland 
Security Act of 2002, Pub. L. 107-296, Title XV, Nov. 25, 2002, 116 
Stat. 2310 (6 U.S.C. 552(d)); E.O. 12777, 56 FR 54757, 3 CFR, 1991 
Comp., p. 351, as amended by E.O. 13286, 68 FR 10619, 3 CFR, 2004 Comp., 
p.166; Department of Homeland Security Delegation No. 0170.1, para. 
2(80).

    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 adjudication 
of claims authorized to be presented to the Oil Spill Liability Trust 
Fund (the Fund) under section 1013 of the Oil Pollution Act of 1990 (the 
Act) (33 U.S.C. 2713) for certain uncompensated removal costs or 
uncompensated damages resulting from the discharge, or substantial 
threat of discharge, of oil from a vessel or facility into or upon the 
navigable waters, adjoining shorelines, or the exclusive economic zone;
    (2) Designation of the source of the incident, notification to the 
responsible party of the designation, and advertisement of the 
designation and claims procedures; and
    (3) Other related matters.
    (b) This part applies to claims resulting from incidents occurring 
after August 18, 1990.
    (c) Nothing in this part--
    (1) Preempts the authority of any State or political subdivision 
thereof from imposing any additional liability or requirements with 
respect to--
    (i) The discharge of oil or other pollution by oil within such 
State; or
    (ii) Any removal activities in connection with such a discharge; or
    (2) Affects or modifies in any way the obligations or liabilities of 
any person under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) 
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 of 
which is to pay for costs or damages arising out of, or directly 
resulting from, oil pollution or the substantial threat of oil 
pollution; or
    (ii) To require any person to contribute to such a fund; or
    (4) Affects the authority of the United States or any State or 
political subdivision thereof to impose additional liability or 
additional requirements relating to a discharge, or substantial threat 
of a discharge, of oil.



Sec. 136.3  Information.

    Anyone desiring to file a claim against the Fund may obtain general 
information on the procedure for filing a claim from the Director 
National Pollution Funds Center, NPFC MS 7100, U.S. Coast Guard, 4200 
Wilson Blvd., Suite 1000, Arlington, VA 20598-7100, (800) 280-7118.

[CGD 91-035, 57 FR 36316, Aug. 12, 1992, as amended by USCG-2009-0416, 
74 FR 27441, June 10, 2009]

[[Page 65]]



Sec. 136.5  Definitions

    (a) As used in this part, the following terms have the same meaning 
as set forth in sections 1001 and 1007(c) of the Act (33 U.S.C. 2701 and 
2707(c)): Claim, claimant, damages, discharge, exclusive economic zone, 
facility, foreign claimant, foreign offshore unit, Fund, guarantor, 
incident, National Contingency Plan, natural resources, 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--
    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. Coast Guard 
National Pollution Funds Center or that person's authorized 
representative.
    FOSC means the Federal On-Scene Coordinator designated under the 
National Contingency Plan or that person's authorized representative.
    NPFC means the Director National Pollution Funds Center, NPFC MS 
7100, U.S. Coast Guard, 4200 Wilson Blvd., Suite 1000, Arlington, VA 
20598-7100.

[CGD 91-035, 57 FR 36316, Aug. 12, 1992, as amended by USCG-2009-0416, 
74 FR 27441, June 10, 2009]



Sec. 136.7  Foreign claimants.

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



Sec. 136.9  Falsification of claims.

    Persons submitting false claims or making false statements in 
connection with claims under this part may be subject to prosecution 
under Federal law, including but not limited to 18 U.S.C. 287 and 1001. 
In addition, persons submitting written documentation in support of 
claims under this part which they know, or should know, is false or 
omits a material fact may be subject to a civil penalty for each claim. 
If any payment is made on the claim, the claimant may also be subject to 
an assessment of up to twice the amount claimed. These civil sanctions 
may be imposed under the Program Fraud Civil Remedies Act, 31 U.S.C. 
3801-3812, as implemented in 49 CFR part 31.

[CGD 91-035, 57 FR 36316, Aug. 12, 1992, as amended by CGD 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 (33 
U.S.C. 2712(h)(3)) (minors and incompetents), the Fund will consider a 
claim only if presented in writing to the Director, NPFC, within the 
following time limits:
    (1) For damages, within three years after--
    (i) The date on which the injury and its connection with the 
incident in question were reasonably discoverable with the exercise of 
due care.
    (ii) In the case of natural resources damages under section 
1002(b)(2)(A) of the Act (33 U.S.C. 2702(b)(2)(A)), the date under 
paragraph (a)(1)(i) of this section, or within three years from the date 
of completion of the natural resources damage assessment under section 
1006(e) of the Act (33 U.S.C. 2706(e)), whichever is later.
    (2) For removal costs, within six years after the date of completion 
of all removal actions for the incident. As used in this paragraph, 
``date of completion of all removal actions'' is defined as the actual 
date of completion of all removal actions for the incident or the date 
the FOSC determines that the removal actions which form the basis for 
the costs being claimed are completed, whichever is earlier.
    (b) Unless the Director, NPFC, directs in writing that the claim be 
submitted elsewhere, a claim is deemed presented on the date the claim 
is actually received at the Director National Pollution Funds Center, 
NPFC MS 7100, U.S. Coast Guard, 4200 Wilson Blvd., Suite 1000, 
Arlington, VA 20598-7100. If the Director, NPFC, directs that the claim 
be presented elsewhere, the claim is deemed presented on the

[[Page 66]]

date the claim is actually received at the address in the directive.

[CGD 91-035, 57 FR 36316, Aug. 12, 1992; 57 FR 41104, Sept. 9, 1992, as 
amended by USCG-2009-0416, 74 FR 27441, June 10, 2009]



Sec. 136.103  Order of presentment.

    (a) Except as provided in paragraph (b) of this section, all claims 
for removal costs or damages must be presented first to the responsible 
party or guarantor of the source designated under Sec. 136.305.
    (b) Claims for removal costs or damages may be presented first to 
the Fund only--
    (1) By any claimant, if the Director, NPFC, has advertised, or 
otherwise notified claimants in writing, in accordance with Sec. 
136.309(e);
    (2) By a responsible party who may assert a claim under section 1008 
of the Act (33 U.S.C. 2708);
    (3) By the Governor of a State for removal costs incurred by that 
State; or
    (4) By a United States claimant in a case where a foreign offshore 
unit has discharged oil causing damage for which the Fund is liable 
under section 1012(a) of the Act (33 U.S.C. 2712(a)).
    (c) If a claim is presented in accordance with paragraph (a) of this 
section and--
    (1) Each person to whom the claim is presented denies all liability 
for the claim; or
    (2) The claim is not settled by any person by payment within 90 days 
after the date upon which (A) the claim was presented, or (B) 
advertising was begun pursuant to Sec. 136.309(d), whichever is later, 
the claimant may elect to commence an action in court against the 
responsible party or guarantor or to present the claim to the Fund.
    (d) No claim of a person against the Fund will be approved or 
certified for payment during the pendency of an action by the person in 
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 for compensation 
for each category of uncompensated damages or removal costs (as 
described in Subpart C of this part) resulting from an incident. If at 
any time during the pendency of a claim against the Fund 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 to 
the best of the claimant's knowledge and belief that the claim 
accurately reflects all material facts.
    (d) In addition to the other requirements of this section, any claim 
presented by a legal representative of the claimant must also be signed 
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 and 
business, and telephone numbers of the claimant.
    (2) The date, time, and place of the incident giving rise to the 
claim.
    (3) The identity of the vessel, facility, or other entity causing or 
suspected to have caused the removal costs or damages claimed and the 
basis for such identity or belief.
    (4) A general description of the nature and extent of the impact of 
the incident, the costs associated with removal actions, and damages 
claimed, by category as delineated in Subpart C of this part, including, 
for any property, equipment, or similar item damaged, the full name, 
street and mailing address, and telephone number of the actual owner, if 
other than the claimant.
    (5) An explanation of how and when the removal costs or damages were 
caused by, or resulted from, an incident.
    (6) Evidence to support the claim.

[[Page 67]]

    (7) A description of the actions taken by the claimant, or other 
person on the claimant's behalf, to avoid or minimize removal costs or 
damages claimed.
    (8) The reasonable costs incurred by the claimant in assessing the 
damages claimed. This includes the reasonable costs of estimating the 
damages claimed, but not attorney's fees or other administrative costs 
associated with preparation of the claim.
    (9) To the extent known or reasonably identifiable by the claimant, 
the full name, street and mailing address, and telephone number of each 
witness to the incident, to the discharge, or to the removal costs or 
damages claimed, along with a brief description of that person's 
knowledge.
    (10) A copy of written communications and the substance of verbal 
communications, if any, between the claimant and the responsible party 
or guarantor of the source designated under Sec. 136.305 and a 
statement indicating that the claim was presented to the responsible 
party or guarantor, the date it was presented, that it was denied or 
remains not settled and, if known, the reason why it was denied or 
remains not settled.
    (11) If the claimant has insurance which may cover the removal costs 
or damages claimed, the information required under Sec. 136.111.
    (12) A statement by the claimant that no action has been commenced 
in court against the responsible party or guarantor of the source 
designated under Sec. 136.305 or, if an action has been commenced, a 
statement identifying the claimant's attorney and the attorney's address 
and phone number, the civil action number, and the court in which the 
action is pending.
    (13) In the discretion of the Director, NPFC, any other information 
deemed relevant and necessary to properly process the claim 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 same incident 
should be presented together and must be signed by all claimants.
    (b) A fully subrogated claim is payable only to the subrogee.
    (c) A subrogee must support a claim in the same manner as any other 
claimant.



Sec. 136.109  Removal costs and multiple items of damages.

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



Sec. 136.111  Insurance.

    (a) A claimant shall provide the following information concerning 
any insurance which may cover the removal costs or damages for which 
compensation 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 insurer and, 
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 or has 
indicated whether or not payment will be made.
    (b) If requested by the Director, NPFC, the claimant shall provide a 
copy of the following material:
    (1) All insurance policies or indemnification agreements.
    (2) All written communications, and a summary of all oral 
communications, with any insurer or indemnifier.
    (c) A claimant shall advise the Director, NPFC, of any changes in 
the information provided under this section.



Sec. 136.113  Other compensation.

    A claimant must include an accounting, including the source and 
value, of all other compensation received, applied for, or potentially 
available as a consequence of the incident out of which the claim arises 
including, but not limited to, monetary payments, goods or services, or 
other benefits.

[[Page 68]]



Sec. 136.115  Settlement and notice to claimant.

    (a) Payment in full, or acceptance by the claimant of an offer of 
settlement by the Fund, is final and conclusive for all purposes and, 
upon payment, constitutes a release of the Fund for the claim. In 
addition, acceptance of any compensation from the Fund precludes the 
claimant from filing any subsequent action against any person to recover 
costs or damages which are the subject of the compensated claim. 
Acceptance of any compensation also constitutes an agreement by the 
claimant to assign to the Fund any rights, claims, and causes of action 
the claimant has against any person for the costs and damages which are 
the subject of the compensated claims and to cooperate reasonably with 
the Fund in any claim or action by the Fund against any person to 
recover the amounts paid by the Fund. The cooperation shall include, but 
is not limited to, immediately reimbursing the Fund for any compensation 
received from any other source for the same costs and damages and 
providing any documentation, evidence, testimony, and other support, as 
may be necessary for the Fund to recover from any person.
    (b) Claimant's failure to accept an offer of settlement within 60 
days after the date the offer was mailed to the claimant automatically 
voids the offer. The Director, NPFC, reserves the right to revoke an 
offer at any time.
    (c) A claimant will be notified in writing sent by certified or 
registered mail whenever a claim against the Fund is denied. The failure 
of the Director, NPFC, to make final disposition of a claim within six 
months after it is filed shall, at the option of the claimant any time 
thereafter, be deemed a final denial of the claim.
    (d) The Director, NPFC, upon written request of the claimant or of a 
person duly authorized to act on the claimant's behalf, reconsiders any 
claim denied. The request for reconsideration must be in writing and 
include the factual or legal grounds for the relief requested, providing 
any additional support for the claim. The request must be received by 
the Director, NPFC, within 60 days after the date the denial was mailed 
to the claimant or within 30 days after receipt of the denial by the 
claimant, whichever date is earlier. Reconsideration may only be 
requested once for each claim denied. The Director, NPFC will provide 
the claimant seeking reconsideration with written notification of the 
decision within 90 days after receipt of the request for 
reconsideration. This written decision is final. The failure of the 
Director, NPFC, to make final disposition of a reconsideration within 90 
days after it is received shall, at the option of the claimant any time 
thereafter, be deemed a final denial of 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, or 
mitigate the effects of the incident;
    (b) That the removal costs were incurred as a result of these 
actions;
    (c) That the actions taken were determined by the FOSC to be 
consistent with the National Contingency Plan or were directed by the 
FOSC.



Sec. 136.205  Compensation allowable.

    The amount of compensation allowable is the total of uncompensated 
reasonable removal costs of actions taken that were determined by the 
FOSC to be consistent with the National Contingency Plan or were 
directed by the FOSC. Except in exceptional circumstances, removal 
activities for which costs are being claimed must have been coordinated 
with the FOSC.

                            Natural Resources



Sec. 136.207  Authorized claimants.

    (a) Claims for uncompensated natural resource damages may be 
presented by

[[Page 69]]

an appropriate natural resources trustee. However, in order to 
facilitate the processing of these claims with respect to a single 
incident where multiple trustees are involved and to prevent double 
recovery, the affected trustees should select a lead administrative 
trustee who will present consolidated claims on behalf of the trustees.
    (b) A trustee may present a claim for the reasonable cost of 
assessing natural resources damages separately from a claim for the cost 
of developing and implementing plans for the restoration, 
rehabilitation, replacement, or acquisition of the equivalent of the 
natural resources damaged.



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 the basis 
of the claim.
    (b) Provide documented costs and cost estimates for the claim. Final 
cost estimates for conducting damage assessments or implementing a 
restoration plan may form the basis for a claim against the Fund for an 
uncompensated natural resources damage claim.
    (c) Identify all trustees who may be potential claimants for the 
same natural resources damaged.
    (d) Certify the accuracy and integrity of any claim submitted to the 
Fund, and certify that any actions taken or proposed were or will be 
conducted in accordance with the Act and consistent with all applicable 
laws and regulations.
    (e) Certify whether the assessment was conducted in accordance with 
applicable provisions of the natural resources damage assessment 
regulations promulgated under section 1006(e)(1) of the Act (33 U.S.C. 
2706(e)(1)). Identify any other or additional damage assessment 
regulations or methodology utilized.
    (f) Certify that, to the best of the trustee's knowledge and belief, 
no other trustee has the right to present a claim for the same natural 
resources damages and that payment of any subpart of the claim presented 
would not constitute a double recovery for the same natural resources 
damages.



Sec. 136.211  Compensation allowable.

    (a) The amount of compensation allowable is the reasonable cost of 
assessing damages, and the cost of restoring, rehabilitating, replacing, 
or acquiring the equivalent of the damaged natural resources.
    (b) In addition to any other provision of law respecting the use of 
sums recovered for natural resources damages, trustees shall reimburse 
the Fund for any amounts received from the Fund in excess of that amount 
required to accomplish the activities for which the claim was paid.

                        Real or Personal Property



Sec. 136.213  Authorized claimants.

    (a) A claim for injury to, or economic losses resulting from the 
destruction of, real or personal property may be presented only by a 
claimant either owning or leasing the property.
    (b) Any claim for loss of profits or impairment of earning capacity 
due to injury to, destruction of, or loss of real or personal property 
must be included as subpart of the claim under this section and 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 this 
part, 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 injury occurred.
    (b) In addition, for each claim for economic loss resulting from 
destruction of real or personal property, the claimant must establish--
    (1) That the property was not available for use and, if it had been, 
the value of that use;
    (2) Whether or not substitute property was available and, if used, 
the costs thereof; and

[[Page 70]]

    (3) That the economic loss claimed was incurred as the result of the 
injury to or destruction of the property.



Sec. 136.217  Compensation allowable.

    (a) The amount of compensation allowable for damaged property is the 
lesser of--
    (1) Actual or estimated net cost of repairs necessary to restore the 
property to substantially the same condition which existed immediately 
before the damage;
    (2) The difference between value of the property before and after 
the damage; or
    (3) The replacement value.
    (b) Compensation for economic loss resulting from the destruction of 
real or personal property may be allowed in an amount equal to the 
reasonable costs actually incurred for use of substitute commercial 
property or, if substitute commercial property was not reasonably 
available, in an amount equal to the net economic loss which resulted 
from not having use of the property. When substitute commercial property 
was reasonably available, but not used, allowable compensation for loss 
of use is limited to the cost of the substitute commercial property, or 
the property lost, whichever is less. Compensation for loss of use of 
noncommercial property is not allowable.
    (c) Compensation for a claim for loss of profits or impairment of 
earning capacity under Sec. 136.213(b) is limited to that allowable 
under Sec. 136.235.

                             Subsistence Use



Sec. 136.219  Authorized claimants.

    (a) A claim for loss of subsistence use of natural resources may be 
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 capacity 
due to loss of subsistence use of natural resources must be included as 
part of the claim under this section and must include the proof required 
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 which 
compensation for loss of subsistence use is claimed;
    (b) A description of the actual subsistence use made of each 
specific natural resource by the claimant;
    (c) A description of how and to what extent the claimant's 
subsistence use was affected by the injury to or loss of each specific 
natural resource;
    (d) A description of each effort made by the claimant to mitigate 
the claimant's loss of subsistence use; and
    (e) A description of each alternative source or means of subsistence 
available to the claimant during the period of time for which loss of 
subsistence is claimed, and any compensation available to the claimant 
for loss of subsistence.



Sec. 136.223  Compensation allowable.

    (a) The amount of compensation allowable is the reasonable 
replacement cost of the subsistence loss suffered by the claimant if, 
during the period of time for which the loss of subsistence is claimed, 
there was no alternative source or means of subsistence available.
    (b) The amount of compensation allowable under paragraph (a) of this 
section must be reduced by--
    (1) All compensation made available to the claimant to compensate 
for subsistence loss;
    (2) All income which was derived by utilizing the time which 
otherwise would have been used to obtain natural resources for 
subsistence use; and
    (3) Overheads or other normal expenses of subsistence use not 
incurred as a result of the incident.
    (c) Compensation for a claim for loss of profits or impairment of 
earning capacity under Sec. 136.219(b) is limited to that allowable 
under Sec. 136.235.

                           Government Revenues



Sec. 136.225  Authorized claimants.

    A claim for net loss of revenue due to the injury, destruction, or 
loss of real property, personal property, or natural

[[Page 71]]

resources may be presented only by an appropriate claimant sustaining 
the loss. As used in 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 claimant must 
establish--
    (a) The identification and description of the economic loss for 
which compensation is claimed, including the applicable authority, 
property affected, method of assessment, rate, and method and dates of 
collection;
    (b) That the loss of revenue was due to the injury to, destruction 
of, or loss of real or personal property or natural resources;
    (c) The total assessment or revenue collected for comparable revenue 
periods; and
    (d) The net loss of revenue.



Sec. 136.229  Compensation allowable.

    The amount of compensation allowable is the total net revenue 
actually lost.

                      Profits and Earning Capacity



Sec. 136.231  Authorized claimants.

    (a) A claim for loss of profits or impairment of earning capacity 
due to the injury to, destruction of, or loss of real or personal 
property or natural resources may be presented by a claimant sustaining 
the loss or impairment. The claimant need not be the owner of the 
damaged property or resources to recover for lost profits or income.
    (b) A claim for loss of profits or impairment of earning capacity 
that also involves a claim for injury to, or economic losses resulting 
from destruction of, real or personal property must be claimed under 
Sec. 136.213.
    (c) A claim for loss of profits or impairment of earning capacity 
that also involves a claim for loss of subsistence use of natural 
resources 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 been 
injured, destroyed, or lost.
    (b) That the claimant's income was reduced as a consequence of 
injury to, destruction of, or loss of the property or natural resources, 
and the amount of that reduction.
    (c) The amount of the claimant's profits or earnings in comparable 
periods and during the period when the claimed loss or impairment was 
suffered, as established by income tax returns, financial statements, 
and similar documents. In addition, comparative figures for profits or 
earnings for the same or similar activities outside of the area affected 
by the incident also must be established.
    (d) Whether alternative employment or business was available and 
undertaken and, if so, the amount of income received. All income that a 
claimant received as a result of the incident must be clearly indicated 
and any saved overhead and other normal expenses not incurred as a 
result of the incident must be established.



Sec. 136.235  Compensation allowable.

    The amount of compensation allowable is limited to the actual net 
reduction or loss of earnings or profits suffered. Calculations for net 
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 not 
undertaken, but reasonably available;
    (d) Any saved overhead or normal expenses not incurred as a result 
of 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 public 
services during or after removal activities, including protection from 
fire, safety, or health hazards, caused by a discharge of oil may be 
presented only by a State or a political subdivision of a State 
incurring the costs.

[[Page 72]]



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 the need 
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 of 
oil and would not otherwise have been provided; and
    (d) The net cost for the services and the methods used to compute 
those costs.



Sec. 136.241  Compensation allowable.

    The amount of compensation allowable is the net cost of the 
increased or additional service provided by the State or political 
subdivision.



            Subpart D_Designation of Source and Advertisement

                                 General



Sec. 136.301  Purpose.

    This subpart prescribes the requirements concerning designation of 
the source or sources of the discharge or threat of discharge and 
advertisement of these designations, including the procedures by which 
claims 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 reasonably calculated to 
advise the public how to present a claim.
    Designated source means a source designated under Sec. 136.305.

                          Designation of Source



Sec. 136.305  Notice of designation.

    (a) When information of an incident is received, the source or 
sources of the discharge or threat are designated, where possible and 
appropriate. If the designated source is a vessel or facility, the 
responsible party and the guarantor, if known, are notified by 
telephone, telefax, or other rapid means of that designation. The 
designation will be confirmed by a written Notice of Designation.
    (b) A Notice of Designation normally contains, to the extent known--
    (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 further communication 
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 under 
Sec. 136.305, the responsible party or guarantor may deny the 
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 all 
supporting documents; and
    (4) Be submitted to the official named in the Notice of Designation.
    (c) A denial is deemed received on the date the denial is actually 
received 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 this 
section, the Director, NPFC, may consider--
    (1) The nature and extent of economic losses that have occurred or 
are likely to occur;
    (2) The potential claimants who are likely to incur economic losses;

[[Page 73]]

    (3) The geographical area that is or will likely be affected;
    (4) The most effective method of reasonably notifying potential 
claimants 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 designated 
source.
    (c) The Director, NPFC, provides the specific requirements for 
advertisement for each incident to the responsible party or guarantor of 
the designated source.
    (d) If a responsible party or guarantor has not denied designation 
in accordance with Sec. 136.307, the party or guarantor shall 
advertise, in accordance with the requirements of this subpart, the 
designation and the procedures by which claims may be presented. The 
advertisement must begin not later than 15 days after the date of the 
designation made under Sec. 136.305.
    (e) If there is no designation under Sec. 136.305, if the source of 
the discharge or threat is a public vessel, or if the responsible party 
and guarantor of the source designated have denied the designation or 
failed to meet the requirements for advertisement in this section, the 
Director, NPFC, may advertise procedures for presenting claims.



Sec. 136.311  Types of advertisement.

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



Sec. 136.313  Content of advertisement.

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



PART 137_OIL SPILL LIABILITY: STANDARDS FOR CONDUCTING ALL APPROPRIATE 

INQUIRIES UNDER THE INNOCENT LAND-OWNER DEFENSE--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 publication mentioned 
          in this part?

                    Subpart B_Standards and Practices

137.18 Duties of persons specified in Sec. 137.1(a).
137.20 May industry standards be used to comply with this regulation?
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.

[[Page 74]]

137.55 Searches for recorded environmental cleanup liens.
137.60 Reviews of Federal, State, tribal, and local government records.
137.65 Visual inspections of the facility, the real property on which 
          the facility is located, and adjoining properties.
137.70 Specialized knowledge or experience on the part of persons 
          specified in Sec. 137.1(a).
137.75 The relationship of the purchase price to the value of the 
          facility and the real property on which the facility is 
          located, if oil was not at the facility or on the real 
          property.
137.80 Commonly known or reasonably ascertainable information about the 
          facility and the real property on which the facility is 
          located.
137.85 The degree of obviousness of the presence or likely presence of 
          oil at the facility and the real property on which the 
          facility is located and the ability to detect the oil by 
          appropriate investigation.

    Authority: 33 U.S.C. 2703(d)(4); Sec. 1512 of the Homeland Security 
Act of 2002, Pub. L. 107-296, Title XV, Nov. 25, 2002, 116 Stat. 2310 (6 
U.S.C. 552(d)); Department of Homeland Security Delegation No. 14000.

    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 defined in Sec. 
137.10) that is the source of a discharge, or a substantial threat of 
discharge, of oil into the navigable waters or adjoining shorelines or 
the exclusive economic zone is liable for damages and removal costs 
resulting from the discharge or threat. However, if that person can 
demonstrate, among other criteria not addressed in this part, that they 
did not know and had no reason to know at the time of their acquisition 
of the real property on which the facility is located that oil was 
located on, in, or at the facility, the person may be eligible for the 
innocent landowner defense to liability under 33 U.S.C. 2703(d)(4). One 
element of the defense is that the person made all appropriate inquiries 
into the nature of the real property on which the facility is located 
before acquiring it. The purpose of this part is to prescribe standards 
and practices for making those inquiries.
    (b) Under 33 U.S.C. 2703(d)(4)(E), this part does not apply to real 
property purchased by a non-governmental entity or non-commercial entity 
for residential use or other similar uses where a property inspection 
and a title search reveal no basis for further investigation. In those 
cases, the property inspection and title search satisfy the requirements 
of this part.
    (c) This part does not affect the existing OPA 90 liability 
protections for State and local governments that acquire a property 
involuntarily in their functions as sovereigns under 33 U.S.C. 
2703(d)(2)(B). Involuntary acquisition of properties by State and local 
governments fall under the provisions of 33 U.S.C. 2703(d)(2)(B), not 
under 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 in Sec. 137.1(a), 
including environmental professionals, must report the incident as 
required by law if they know or have reason to know of the incident.
    (b) This part does not limit or expand disclosure obligations under 
any Federal, State, tribal, or local law. It is the obligation of each 
person, including environmental professionals, conducting inquiries to 
determine his or her respective disclosure obligations under 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 or liability; oil; owner or 
operator; and removal costs.
    (b) As used in this part--
    Abandoned property means a property that, because of its general 
disrepair or lack of activity, a reasonable person could believe that 
there is an intent on the part of the current owners to surrender their 
rights to the property.
    Adjoining property means real property the border of which is shared 
in part or in whole with that of the subject property or that would be 
shared in part or in whole with that of the property but for a street, 
road, or other

[[Page 75]]

public thoroughfare separating the properties.
    Data gap means a lack of, or inability to, obtain information 
required by subpart B of this part despite good faith efforts by the 
environmental professional or persons specified in Sec. 137.1(a), as 
appropriate, to gather the information under Sec. 137.33.
    Environmental professional means an individual who meets the 
requirements of Sec. 137.25.
    Facility means any structure, group of structures, equipment, or 
device (other than a vessel) which is used for one or more of the 
following purposes: exploring for, drilling for, producing, storing, 
handling, transferring, processing, or transporting 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 an unfair 
advantage or to defraud another party; an honest and sincere intention 
to fulfill one's obligations in the conduct or transaction concerned.
    Institutional controls means non-engineered instruments, such as 
administrative and/or legal controls, that help to minimize the 
potential for human exposure to oil discharge and/or protect the 
integrity of a removal action.
    Relevant experience means participation in the performance of all-
appropriate-inquiries investigations, environmental site assessments, or 
other site investigations that may include environmental analyses, 
investigations, and remediation which involve the understanding of 
surface and subsurface environmental conditions and the processes used 
to evaluate these conditions and for which professional judgment was 
used to develop opinions regarding conditions indicative of the presence 
or likely presence of oil at the facility and the real property on which 
the facility is located.



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

in this part?

    Section 137.20 of this part refers to ASTM E 1527-05, Standard 
Practice for Environmental Site Assessments: Phase I Environmental Site 
Assessment Process. That document is available from ASTM International, 
100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959. 
It is also available for inspection at the Coast Guard National 
Pollution Funds Center, Law Library, 4200 Wilson Boulevard, Suite 1000, 
Arlington, VA.

[USCG-2009-0416, 74 FR 27441, June 10, 2009]



                    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 to 
establish the liability protection under Sec. 137.1(a) must conduct the 
inquiries and investigations as required in this part and ensure that 
the inquiries and investigations required to be made by environmental 
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 in Sec. 
137.15) may be used to comply with the requirements set forth in 
Sec. Sec. 137.45 through 137.85 of this part. Use of ASTM E 1527-05 for 
this purpose is optional and not mandatory.



Sec. 137.25  Qualifications of the environmental professional.

    (a) An environmental professional is an individual who possesses 
sufficient specific education, training, and experience necessary to 
exercise professional judgment to develop opinions and conclusions 
regarding conditions indicative of the presence or likely presence of 
oil at a facility and the real property on which the facility is located 
sufficient to meet the objectives and performance factors in Sec. 
137.30(a) and (b).
    (1) Such a person must--
    (i) Hold a current Professional Engineer's or Professional 
Geologist's license or registration from a State, tribe, or U.S. 
territory (or the Commonwealth of Puerto Rico) and have the equivalent 
of 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

[[Page 76]]

of Puerto Rico) to perform environmental inquiries under Sec. 137.35 
and have the equivalent of 3 years of full-time relevant experience;
    (iii) Have a Baccalaureate or higher degree from an accredited 
institution of higher education in a discipline of engineering or 
science and the equivalent of 5 years of full-time relevant experience; 
or
    (iv) Have the equivalent of 10 years of full-time relevant 
experience.
    (2) An environmental professional should remain current in his or 
her field through participation in continuing education or other 
activities.
    (3) The requirements for an environmental professional in this 
section do not preempt State professional licensing or registration 
requirements, such as those for a professional geologist, engineer, or 
site-remediation professional. Before commencing work, a person should 
determine the applicability of State professional licensing or 
registration laws to the activities to be undertaken as part of an 
inquiry under Sec. 137.35(b).
    (4) A person who does not qualify as an environmental professional 
under this section may assist in the conduct of all appropriate 
inquiries according to this part if the person is under the supervision 
or responsible charge of an environmental professional meeting the 
requirements of this section when conducting the inquiries.



Sec. 137.30  Objectives and performance factors.

    (a) Objectives. This part is intended to result in the 
identification of conditions indicative of the presence or likely 
presence of oil at the facility and the real property on which the 
facility is located. In order to meet the objectives of this regulation, 
persons specified in Sec. 137.1(a) and the environmental professional 
must seek to identify, through the conduct of the standards and 
practices in this subpart, the following types of information about the 
facility and the real property on which the facility is located:
    (1) Current and past uses and occupancies of the facility and the 
real property on which the facility is located.
    (2) Current and past uses of oil.
    (3) Waste management and disposal activities that indicate presence 
or likely presence of oil.
    (4) Current and past corrective actions and response activities that 
indicate presence or likely presence of oil.
    (5) Engineering controls.
    (6) Institutional controls, such as zoning restrictions, building 
permits, and easements.
    (7) Properties adjoining or located nearby the facility and the real 
property on which the facility is located that have environmental 
conditions that could have resulted in conditions indicative of the 
presence or likely presence of oil at the facility and the real property 
on which the facility is located.
    (b) Performance factors. In order to meet this part and to meet the 
objectives stated in paragraph (a) of this section, the persons 
specified in Sec. 137.1(a) or the environmental professional (as 
appropriate to the particular standard and practice) must--
    (1) Gather the information that is required for each standard and 
practice listed in this subpart that is publicly available, is 
obtainable from its source within a reasonable time and cost, and can be 
reviewed practicably; and
    (2) Review and evaluate the thoroughness and reliability of the 
information gathered in complying with each standard and practice listed 
in this subpart taking into account information gathered in the course 
of complying with the other standards and practices of this part.



Sec. 137.33  General all appropriate inquiries requirements.

    (a) All appropriate inquiries must be conducted within 1 year before 
the date of acquisition of the real property on which the facility is 
located, as evidenced by the date of receipt of the documentation 
transferring title to, or possession of, the real property and must 
include:
    (1) An inquiry by an environmental professional, as provided in 
Sec. 137.35.
    (2) The collection of information under Sec. 137.40 by persons 
specified in Sec. 137.1(a).

[[Page 77]]

    (b) The following components of the all appropriate inquiries must 
be conducted or updated within 180 days before the date of acquisition 
of the real property on which the facility is located:
    (1) Interviews with past and present owners, operators, and 
occupants. See Sec. 137.45.
    (2) Searches for recorded environmental cleanup liens. See Sec. 
137.55.
    (3) Reviews of Federal, State, tribal, and local government records. 
See Sec. 137.60.
    (4) Visual inspections of the facility, the real property on which 
the facility is located, and adjoining properties. See Sec. 137.65.
    (5) The declaration by the environmental professional. See Sec. 
137.35(d).
    (c) All appropriate inquiries may include the results of and 
information contained in an inquiry previously conducted by, or on 
behalf of, persons specified in Sec. 137.1(a) who are responsible for 
the inquiries for the facility and the real property on 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 before 
the date of acquisition of the real property on which the facility is 
located.
    (3) The following components of the inquiries were conducted or 
updated within 180 days before the date of acquisition of the real 
property on which the facility is located:
    (i) Interviews with past and present owners, operators, and 
occupants. See Sec. 137.45.
    (ii) Searches for recorded environmental cleanup liens. See Sec. 
137.55.
    (iii) Reviews of Federal, State, tribal, and local government 
records. See Sec. 137.60.
    (iv) Visual inspections of the facility, the real property on which 
the facility is located, and the adjoining properties. See Sec. 137.65.
    (v) The declaration by the environmental professional. See Sec. 
137.35(d).
    (4) Previously collected information is updated by including 
relevant changes in the conditions of the facility and the real property 
on which the facility is located and specialized knowledge, as outlined 
in Sec. 137.70, of the persons conducting the all appropriate inquiries 
for the facility and the real property on which the facility is located, 
including persons specified in Sec. 137.1(a) and the environmental 
professional.
    (d) All appropriate inquiries may include the results of an 
environmental 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 in Sec. 
137.30(a) and (b); and
    (2) The person specified in Sec. 137.1(a) reviews the information 
and conducts the additional inquiries under Sec. Sec. 137.70, 137.75, 
and 137.80 and updates the inquiries requiring an update under paragraph 
(b) of this section.
    (e) To the extent there are data gaps that affect the ability of 
persons specified in Sec. 137.1(a) and environmental professionals to 
identify conditions indicative of the presence or likely presence of 
oil, the gaps must be identified in the report under Sec. 137.35(c)(2). 
In addition, the sources of information consulted to address data gaps 
should be identified and the significance of the gaps noted. Sampling 
and analysis may be conducted to develop information to address data 
gaps.
    (f) Any conditions indicative of the presence or likely presence of 
oil identified as part of the all-appropriate-inquiries investigation 
should be noted in the report.



Sec. 137.35  Inquiries by an environmental professional.

    (a) Inquiries by an environmental professional must be conducted 
either by the environmental professional or by a person under the 
supervision or responsible charge of an environmental professional.
    (b) The inquiry of the environmental professional must include the 
requirements in Sec. Sec. 137.45 (interviews with past and present 
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). In

[[Page 78]]

addition, the inquiry should take into account information provided to 
the environmental professional by the person specified in Sec. 137.1(a) 
conducting the additional inquiries under Sec. 137.40.
    (c) The results of the inquiry by an environmental professional must 
be documented in a written report that, at a minimum, includes the 
following:
    (1) An opinion as to whether the inquiry has identified conditions 
indicative of the presence or likely presence of oil at the facility and 
the real property on which the facility is located.
    (2) An identification of data gaps in the information developed as 
part of the inquiry that affect the ability of the environmental 
professional to identify conditions indicative of the presence or likely 
presence of oil at the facility and the real property on which the 
facility is located. The report must also indicate whether the gaps 
prevented the environmental professional from reaching an opinion 
regarding the identification of conditions indicative of the presence or 
likely presence of oil.
    (3) The qualifications of the environmental professional.
    (4) An opinion regarding whether additional appropriate 
investigation is necessary.
    (d) The environmental professional must place the following 
statements in the written document identified in paragraph (c) of this 
section and sign the document: ``[I, We] declare that, to the best of 
[my, our] professional knowledge, [I, we] meet the requirements under 33 
CFR 137.25 for an environmental professional.'' and ``[I, We] have the 
specific qualifications based on education, training, and experience to 
assess the nature, history, and setting of a facility and the real 
property on which it is located. [I, We] have developed and conducted 
all appropriate inquiries according to the standards and practices in 33 
CFR part 137.''



Sec. 137.40  Additional inquiries.

    (a) Persons specified in Sec. 137.1(a) must conduct inquiries in 
addition to those conducted by the environmental professional under 
Sec. 137.35 and may provide the information associated with these 
additional inquiries to the environmental professional responsible for 
conducting the activities listed in Sec. 137.35--
    (1) As required by Sec. 137.55 and if not otherwise obtained by the 
environmental professional, environmental cleanup liens against the 
facility and the real property on which it is located that are filed or 
recorded under Federal, State, tribal, or local law.
    (2) As required by Sec. 137.70, specialized knowledge or experience 
of the person specified in Sec. 137.1(a).
    (3) As required by Sec. 137.75, the relationship of the purchase 
price to the fair market value of the facility and the real property on 
which the facility is located if the oil was not at the facility and the 
real property on which it is located.
    (4) As required by Sec. 137.80 and if not otherwise obtained by the 
environmental professional, commonly known or reasonably ascertainable 
information about the facility and the real property 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 the facility 
and the real property on which the facility is located must be conducted 
for the purposes of achieving the objectives and performance factors of 
Sec. 137.30(a) and (b).
    (b) The inquiry of the environmental professional must include 
interviewing the current owner and occupant of the facility and the real 
property on which the facility is located. If the facility and the real 
property on which the facility is located has multiple occupants, the 
inquiry of the environmental professional must include interviewing 
major occupants, as well as those occupants likely to use, store, treat, 
handle or dispose of oil or those who have likely done so in the past.
    (c) The inquiry of the environmental professional also must include, 
to the extent necessary to achieve the objectives and performance 
factors in Sec. 137.30(a) and (b), interviewing one or more of the 
following persons:
    (1) Current and past facility and real property managers with 
relevant

[[Page 79]]

knowledge of uses and physical characteristics of the facility and the 
real property on which the facility is located.
    (2) Past owners, occupants, or operators of the facility and the 
real property on which the facility is located.
    (3) Employees of current and past occupants of the facility and the 
real property on which the facility is located.
    (d) In the case of inquiries conducted at abandoned properties where 
there is evidence of potential unauthorized uses or evidence of 
uncontrolled access, the environmental professional's inquiry must 
include an interview of at least one owner or occupant of a neighboring 
property from which it appears possible that the owner or occupant of 
the neighboring property could have observed use or other presence or 
likely presence of oil.



Sec. 137.50  Reviews of historical sources of information.

    (a) Historical documents and records must be reviewed for the 
purposes of achieving the objectives and performance factors of Sec. 
137.30(a) and (b). Historical documents and records may include, but are 
not limited to, aerial photographs, fire insurance maps, building 
department records, chain of title documents, and land use records.
    (b) Historical documents and records reviewed must cover a period of 
time as far back in the history of the real property to when the first 
structure was built or when it was first used for residential, 
agricultural, commercial, industrial, or governmental purposes. The 
environmental professional may exercise professional judgment in context 
of the facts available at the time of the inquiry as to how far 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 the 
existence of environmental cleanup liens against the facility and the 
real property on which the facility is located that are filed or 
recorded under Federal, State, tribal, or local law.
    (b) All information collected by persons specified in Sec. 137.1(a) 
rather than an environmental professional regarding the existence of 
environmental cleanup liens associated with the facility and the real 
property on which the facility is located may be provided to the 
environmental professional or retained by the applicable party.



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

    (a) Federal, State, tribal, and local government records or 
databases of government records of the facility, the real property on 
which the facility is located, and adjoining properties must be reviewed 
for the purposes of achieving the objectives and performance factors of 
Sec. 137.30(a) and (b).
    (b) With regard to the facility and the property on which the 
facility is located, the review of Federal, State, and tribal government 
records or databases of the government records and local government 
records and databases of the records should include--
    (1) Records of reported oil discharges present, including site 
investigation reports for the facility and the real property on which 
the facility is located;
    (2) Records of activities, conditions, or incidents likely to cause 
or contribute to discharges or substantial threat of discharges of oil, 
including landfill and other disposal unit location records and permits, 
storage tank records and permits, hazardous waste handler and generator 
records and permits, Federal, tribal and State government listings of 
sites identified as priority cleanup sites, and spill reporting records;
    (3) Comprehensive Environmental Response, Compensation, and 
Liability Information System (CERCLIS) records;
    (4) Public health records;
    (5) Emergency Response Notification System records;
    (6) Registries or publicly available lists of engineering controls; 
and
    (7) Registries or publicly available lists of institutional 
controls, including environmental land use restrictions, applicable to 
the facility and the real property on which the facility is located.

[[Page 80]]

    (c) With regard to nearby or adjoining properties, the review of 
Federal, State, tribal, and local government records or databases of 
government records should include the identification of the following:
    (1) Properties for which there are government records of reported 
discharges or substantial threat of discharges of oil. Such records or 
databases containing such records and the associated distances from the 
facility and the real property on which the facility is located for 
which such information should be searched include the following:
    (i) Records of National Priorities List (NPL) sites or tribal- and 
State-equivalent sites (one mile).
    (ii) Resource Conservation and Recovery Act (RCRA) properties 
subject to corrective action (one mile).
    (iii) Records of Federally-registered, or State-permitted or -
registered, hazardous waste sites identified for investigation or 
remediation, such as sites enrolled in State and tribal voluntary 
cleanup 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 a 
government entity due to environmental concerns at the facility and the 
real property on which the facility is located. The records or databases 
containing the records and the associated distances from the facility 
and the real property on which the facility is located for which the 
information should be searched include the following:
    (i) Records of delisted NPL sites (one-half mile).
    (ii) Registries or publicly available lists of engineering controls 
(one-half mile).
    (iii) Records of former CERCLIS sites with no further remedial 
action notices (one-half mile).
    (3) Properties for which there are records of Federally-permitted, 
State-permitted or -registered, or tribal-permitted or -registered waste 
management activities. The records or databases that may contain the 
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 management facilities 
(one-half mile).
    (iii) Records of registered storage tanks (adjoining property).
    (4) A review of additional government records with regard to sites 
identified under paragraphs (c)(1) through (c)(3) of this section may be 
necessary in the judgment of the environmental professional for the 
purpose of achieving the objectives and performance factors of 
Sec. Sec. 137.30(a) and (b).
    (d) The search distance from the real property boundary for 
reviewing government records or databases of government records listed 
in paragraph (c) of this section may be modified based upon the 
professional judgment of the environmental professional. The rationale 
for the modifications must be documented by the environmental 
professional. The environmental professional may consider one or more of 
the following factors in determining an alternate appropriate search 
distance--
    (1) The nature and extent of a discharge.
    (2) Geologic, hydrogeologic, or topographic conditions of the 
property 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 flow direction, 
prevalent wind direction).
    (7) Other relevant factors.



Sec. 137.65  Visual inspections of the facility, the real property on which 

the facility is located, and adjoining properties.

    (a) For the purpose of achieving the objectives and performance 
factors of Sec. 137.30(a) and (b), the inquiry of the environmental 
professional must include the following:
    (1) A visual on-site inspection of the facility and the real 
property on which the facility is located, and the improvements at the 
facility and real property, including a visual inspection of the areas 
where oil may be or may

[[Page 81]]

have been used, stored, treated, handled, or disposed. Physical 
limitations to the visual inspection must be noted.
    (2) A visual inspection of adjoining properties, from the subject 
real property line, public rights-of-way, or other vantage point (e.g., 
aerial photography), including a visual inspection of areas where oil 
may be or may have been stored, treated, handled or disposed. A visual 
on-site inspection is recommended, though not required. Physical 
limitations to the inspection of adjacent properties must be noted.
    (b) Except as in paragraph (c) of this section, a visual on-site 
inspection of the facility and the real property on which the facility 
is located must be conducted.
    (c) An on-site inspection is not required if an on-site visual 
inspection of the facility and the real property on which the facility 
is located cannot be performed because of physical limitations, remote 
and inaccessible location, or other inability to obtain access to the 
facility and the real property on which the facility is located after 
good faith efforts have been taken to obtain access. The mere refusal of 
a voluntary seller to provide access to the facility and the real 
property on which the facility is located is not justification for not 
conducting an on-site inspection. The inquiry of the environmental 
professional must include--
    (1) Visually inspecting the facility and the real property on which 
the facility is located using another method, such as aerial imagery for 
large properties, or visually inspecting the facility and the real 
property on which the facility is located from the nearest accessible 
vantage point, such as the property line or public road for small 
properties;
    (2) Documenting the efforts undertaken to obtain access and an 
explanation of why such efforts were unsuccessful; and
    (3) Documenting other sources of information regarding the presence 
or likely presence of oil at the facility and the real property on which 
the facility is located that were consulted according to Sec. 
137.30(a). The documentation should include comments, if any, by the 
environmental professional on the significance of the failure to conduct 
a visual on-site inspection of the facility and the real property on 
which the facility is located with regard to the ability to identify 
conditions indicative of the presence or likely presence of oil at the 
facility and the real property.



Sec. 137.70  Specialized knowledge or experience on the part of persons 

specified in Sec. 137.1(a).

    (a) For the purpose of identifying conditions indicative of the 
presence or likely presence of oil at the facility and the real property 
on which the facility is located, persons specified in Sec. 137.1(a) 
must take into account their own specialized knowledge of the facility 
and the real property on which the facility is located, the area 
surrounding the facility and the real property on which the facility is 
located, and the conditions of adjoining properties and their experience 
relevant to the inquiry.
    (b) The results of all appropriate inquiries under Sec. 137.33 must 
take into account the relevant and applicable specialized knowledge and 
experience of the persons specified in Sec. 137.1(a) responsible for 
undertaking the inquiry.



Sec. 137.75  The relationship of the purchase price to the value of the 

facility and the real property on which the facility is located, if oil was 

not at the facility or on the real property.

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

[[Page 82]]



Sec. 137.80  Commonly known or reasonably ascertainable information about the 

facility and the real property on which the facility is located.

    (a) Throughout the inquiries, persons specified in Sec. 137.1(a) 
and environmental professionals conducting the inquiry must take into 
account commonly known or reasonably ascertainable information within 
the local community about the facility and the real property on which 
the facility is located and consider that information when seeking to 
identify conditions indicative of the presence or likely presence of oil 
at the facility and the real property.
    (b) Commonly known information may include information obtained by 
the person specified in Sec. 137.1(a) or by the environmental 
professional about the presence or likely presence of oil at the 
facility and the real property on which the facility is located that is 
incidental to the information obtained during the inquiry of the 
environmental professional.
    (c) To the extent necessary to achieve the objectives and 
performance factors of Sec. 137.30(a) and (b), the person specified in 
Sec. 137.1(a) and the environmental professional must gather 
information from varied sources whose input either individually or taken 
together may provide commonly known or reasonably ascertainable 
information about the facility and the real property on which the 
facility is located; the environmental professional may refer to one or 
more of the following sources of information:
    (1) Current owners or occupants of neighboring properties or 
properties adjacent to the facility and the real property on which the 
facility is located.
    (2) Local and state government officials who may have knowledge of, 
or information related to, the facility and the real property on which 
the facility is located.
    (3) Others with knowledge of the facility and the real property on 
which 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 of 

oil at the facility and the real property on which the facility is located and 

the ability to detect the oil by appropriate investigation.

    (a) Persons specified in Sec. 137.1(a) and environmental 
professionals conducting an inquiry of a facility and the real property 
on which it is located on their behalf must take into account the 
information collected under Sec. Sec. 137.45 through 137.80 in 
considering the degree of obviousness of the presence or likely presence 
of oil at the facility and the real property on which the facility is 
located.
    (b) Persons specified in Sec. 137.1(a) and environmental 
professionals conducting an inquiry of a facility and the property on 
which the facility is located on their behalf must take into account the 
information collected under Sec. Sec. 137.45 through 137.80 in 
considering the ability to detect the presence or likely presence of oil 
by appropriate investigation. The report of the environmental 
professional should include an opinion under Sec. 137.35(c)(4) 
regarding whether additional appropriate investigation is necessary.



PART 138_FINANCIAL RESPONSIBILITY FOR WATER POLLUTION (VESSELS) AND OPA 90 

LIMITS OF LIABILITY (VESSELS AND DEEPWATER PORTS)--Table of Contents



    Subpart A_Financial Responsibility for Water Pollution (Vessels)

Sec.
138.10 Scope.
138.15 Applicability.
138.20 Definitions.
138.30 General.
138.40 Forms.
138.45 Where to apply for and renew Certificates.
138.50 Time to apply.
138.60 Applications, general instructions.
138.65 Issuance of Certificates.
138.70 Renewal of Certificates.
138.80 Financial responsibility, how established.
138.85 Implementation schedule for amendments to applicable amounts by 
          regulation.
138.90 Individual and Fleet Certificates.
138.100 Non-owning operator's responsibility for identification.

[[Page 83]]

138.110 Master Certificates.
138.120 Certificates, denial or revocation.
138.130 Fees.
138.140 Enforcement.
138.150 Service of process.

   Subpart B_OPA 90 Limits of Liability (Vessels and Deepwater Ports)

138.200 Scope.
138.210 Applicability.
138.220 Definitions.
138.230 Limits of liability.
138.240 Procedure for calculating limit of liability adjustments for 
          inflation.

    Authority: 33 U.S.C. 2704; 33 U.S.C. 2716, 2716a; 42 U.S.C. 9608, 
9609; Sec. 1512 of the Homeland Security Act of 2002, Public Law 107-
296, Title XV, Nov. 25, 2002, 116 Stat. 2310 (6 U.S.C. 552(d)); E.O. 
12580, Sec. 7(b), 3 CFR, 1987 Comp., p. 198; E.O. 12777, Sec. 5, 3 CFR, 
1991 Comp., p. 351, as amended by E.O. 13286, 68 FR 10619, 3 CFR, 2004 
Comp., p.166; Department of Homeland Security Delegation Nos. 0170.1 and 
5110. Section 138.30 also issued under the authority of 46 U.S.C. 2103 
and 14302.

    Source: USCG-2005-21780, 73 FR 53697, Sept. 17, 2008, unless 
otherwise noted.



    Subpart A_Financial Responsibility for Water Pollution (Vessels)



Sec. 138.10  Scope.

    This subpart sets forth the procedures by which an operator of a 
vessel must establish and maintain, for itself and for the owners and 
demise charterers of the vessel, evidence of financial responsibility 
required by Section 1016(a) of the Oil Pollution Act of 1990, as amended 
(OPA 90) (33 U.S.C. 2716), and Section 108 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, as 
amended (CERCLA) (42 U.S.C. 9608), equal to the total applicable amount 
determined under this subpart and sufficient to cover their liability 
arising under--
    (a) Sections 1002 and 1004 of OPA 90 (33 U.S.C. 2702, 2704); and
    (b) Section 107 of CERCLA (42 U.S.C. 9607).



Sec. 138.15  Applicability.

    (a) This subpart applies to the operator as defined herein of --
    (1) A tank vessel of any size, and a foreign-flag vessel of any 
size, using the waters of the exclusive economic zone to transship or 
lighter oil (whether delivering or receiving) destined for a place 
subject to the jurisdiction of the United States; and
    (2) Any vessel using the navigable waters of the United States or 
any port or other place subject to the jurisdiction of the United 
States, including a vessel using an offshore facility subject to the 
jurisdiction of the United States, except--
    (i) A vessel that is 300 gross tons or less; or
    (ii) A non-self-propelled barge that does not carry oil as cargo or 
fuel and does not carry hazardous substances as cargo.
    (b) For the purposes of financial responsibility under OPA 90, a 
mobile offshore drilling unit is treated as a tank vessel when it is 
being used as an offshore facility and there is a discharge, or a 
substantial threat of a discharge, of oil on or above the surface of the 
water. A mobile offshore drilling unit is treated as a vessel other than 
a tank vessel when it is not being used as an offshore facility.
    (c) In addition to a non-self-propelled barge over 300 gross tons 
that carries hazardous substances as cargo, for the purposes of 
financial responsibility under CERCLA, this subpart applies to a self-
propelled vessel over 300 gross tons, even if it does not carry 
hazardous substances.
    (d) This subpart does not apply to operators of public vessels.



Sec. 138.20  Definitions.

    (a) As used in this subpart, the following terms have the 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 in Sec. 138.10(a): 
claim, claimant, damages, discharge, exclusive economic zone, liable, 
liability, navigable waters, mobile offshore drilling unit, natural 
resources, offshore facility, oil, owner or operator, person, remove, 
removal, removal costs, security interest, and United States; and
    (2) Section 101 of the Comprehensive Environmental Response, 
Compensation, and Liability Act (42 U.S.C. 9601), respecting the 
financial responsibility referred to in Sec. 138.10(b): claim, 
claimant,

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damages, environment, hazardous substance, liable, liability, navigable 
waters, natural resources, offshore facility, owner or operator, person, 
release, remove, removal, security interest, and United States.
    (b) As used in this subpart --
    Acts means OPA 90 and CERCLA.
    Applicable amount means an amount of financial responsibility that 
must be demonstrated under this subpart, determined under Sec. 
138.80(f)(1) for OPA 90 or Sec. 138.80(f)(2) for CERCLA.
    Applicant means an operator who has applied for a Certificate or for 
the renewal of a Certificate under this subpart.
    Application means an Application for Vessel Certificate of Financial 
Responsibility (Water Pollution) (Form CG-5585), which can be obtained 
from the U.S. Coast Guard National Pollution Funds Center as provided in 
Sec. Sec. 138.40 and 138.45.
    Cargo means goods or materials on board a vessel for purposes of 
transportation, whether proprietary or nonproprietary. A hazardous 
substance or oil carried solely for use aboard the carrying vessel is 
not Cargo.
    CERCLA means title I of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, as amended (42 U.S.C. 9601-
9675).
    Certificant means an operator who has a current Certificate issued 
by the U.S. Coast Guard National Pollution Funds Center (NPFC) under 
this subpart.
    Certificate means a Vessel Certificate of Financial Responsibility 
(Water Pollution) (Form CG-5585) issued by the NPFC under this subpart, 
as provided in Sec. 138.65.
    Day or days means calendar days. If a deadline specified in this 
subpart falls on a weekend or Federal holiday, the deadline will occur 
on the next working day. Compliance with a submission deadline will be 
determined based on the day the submission is received by NPFC.
    Director, NPFC means the head of the NPFC.
    E-COFR means the Electronic Certificate of Financial Responsibility 
web-based process located on the NPFC Web site (http://www.npfc.gov/
cofr), which may be used by operators to apply for and renew 
Certificates.
    Financial guarantor means a guarantor who provides a financial 
guaranty under Sec. 138.80(b)(4), and is distinct from an insurer, a 
self-insurer or a surety.
    Financial responsibility means the statutorily required financial 
ability to meet a responsible party's liability under the Acts.
    Fish tender vessel and fishing vessel have the same meaning as set 
forth in 46 U.S.C. 2101.
    Fuel means any oil or hazardous substance used or capable of being 
used to produce heat or power by burning, including power to operate 
equipment. A hand-carried pump with not more than five gallons of fuel 
capacity, that is neither integral to nor regularly stored aboard a non-
self-propelled barge, is not equipment.
    Guarantor means any person, other than a responsible party, who 
provides evidence of financial responsibility under the Acts on behalf 
of a vessel's responsible parties. A responsible party who can qualify 
as a self-insurer under Sec. 138.80(b)(3) may act as both a self-
insurer of vessels owned, operated or demise chartered by the 
responsible party, and as a financial guarantor for the responsible 
parties of other vessels under Sec. 138.80(b)(4).
    Hazardous material means a liquid material or substance that is--
    (1) Flammable or combustible;
    (2) A hazardous substance designated under Section 311(b) of the 
Federal Water Pollution Control Act (33 U.S.C. 1321(b)); or
    (3) Designated a hazardous material under the Hazardous Materials 
Transportation Act, Section 104 (46 U.S.C. 5103(a)) (1994).
    Incident means any occurrence or series of occurrences having the 
same origin, involving one or more vessels, facilities, or any 
combination thereof, resulting in the discharge or substantial threat of 
discharge of oil into or upon the navigable waters or adjoining 
shorelines or the exclusive economic zone.
    Insurer is a type of guarantor and means one or more insurance 
companies, associations of underwriters, ship

[[Page 85]]

owners' protection and indemnity associations, or other persons, each of 
which must be acceptable to the Director, NPFC.
    Master Certificate means a Certificate issued under this subpart to 
a person who is a builder, repairer, scrapper, lessor, or seller of a 
vessel and is acting as the vessel's operator.
    Offshore supply vessel has the same meaning as set forth in 46 
U.S.C. 2101.
    OPA 90 means the Oil Pollution Act of 1990 (33 U.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 is responsible 
for the operation of, a vessel. A builder, repairer, scrapper, lessor, 
or seller who is responsible, or who agrees by contract to become 
responsible, for a vessel is an operator. A time or voyage charterer 
that does not assume responsibility for the operation of a vessel is not 
an operator for the purposes of this subpart.
    Owner means any person holding legal or equitable title to a vessel. 
In a case where a U.S. Coast Guard Certificate of Documentation or 
equivalent document has been issued, the owner is considered to be the 
person or persons whose name or names appear thereon as owner. Owner 
does not include a person who, without participating in the management 
of a vessel, holds indicia of ownership primarily to protect the owner's 
security interest in the vessel.
    Public vessel means a vessel owned or bareboat chartered by the 
United States, or by a State or political subdivision thereof, or by a 
foreign nation, except when the vessel is engaged in commerce.
    Responsible party, for purposes of OPA 90 financial responsibility 
has the same meaning as defined at 33 U.S.C. 2701(32), and for purposes 
of CERCLA financial responsibility means any person who is an owner or 
operator, as defined at 42 U.S.C. 9601(20), including any person 
chartering a vessel by demise.
    Self-elevating lift vessel means a vessel with movable legs capable 
of raising its hull above the surface of the sea and that is an offshore 
work boat (such as a work barge) that does not engage in drilling 
operations.
    Tank vessel means a vessel (other than an offshore supply vessel, a 
fishing vessel or a fish tender vessel of 750 gross tons or less that 
transfers fuel without charge to a fishing vessel owned by the same 
person, or a towing or pushing vessel (tug) simply because it has in its 
custody a tank barge) that is constructed or adapted to carry, or that 
carries, oil or liquid hazardous material in bulk as cargo or cargo 
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 the 
jurisdiction of the United States.
    Total applicable amount means the amount determined under Sec. 
138.80(f)(3).
    Vessel means every description of watercraft or other artificial 
contrivance used, or capable of being used, as a means of transportation 
on water.



Sec. 138.30  General.

    (a) The regulations in this subpart set forth the procedures for an 
operator of a vessel subject to this subpart to demonstrate that the 
responsible parties of the vessel are financially able to meet their 
potential liability for costs and damages in the applicable amounts set 
forth in this subpart at Sec. 138.80(f). Although the owners, 
operators, and demise charterers of a vessel are strictly, jointly and 
severally liable under OPA 90 and CERCLA for the costs and damages 
resulting from each incident or release or threatened release, together 
they need only establish and maintain evidence of financial 
responsibility under this subpart equal to the combined OPA 90 and 
CERCLA limits of liability arising from a single incident and a single 
release, or threatened release. Only that portion of the total 
applicable amount of financial responsibility demonstrated under this 
subpart with respect to--
    (1) OPA 90 is required to be made available by a vessel's 
responsible parties and guarantors for the costs and damages related to 
an incident where there is not also a release or threatened release; and
    (2) CERCLA is required to be made available by a vessel's 
responsible parties and guarantors for the costs and damages related to 
a release or threatened release where there is not also an

[[Page 86]]

incident. A guarantor (or a self-insurer for whom the exceptions to 
limitations of liability are not applicable), therefore, is not required 
to apply the entire total applicable amount of financial responsibility 
demonstrated under this subpart to an incident involving oil alone or a 
release or threatened release involving a hazardous substance alone.
    (b) Where a vessel is operated by its owner or demise charterer, or 
the owner or demise charterer is responsible for its operation, the 
owner or demise charterer is considered to be the operator for purposes 
of this subpart, and must submit the Application and requests for 
renewal for a Certificate. In all other cases, the vessel operator must 
submit the Application or requests for renewal.
    (c) For a United States-flag vessel, the applicable gross tons or 
gross 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 (Regulatory Measurement). 
The vessel's regulatory gross tonnage is used to determine whether the 
vessel exceeds 300 gross tons where that threshold applies under the 
Acts. If the vessel's regulatory gross tonnage is determined under the 
Dual Measurement System in 46 CFR part 69, subpart D, the higher gross 
tonnage is the regulatory gross tonnage for the purposes of determining 
whether the vessel meets the 300 gross ton threshold. The vessel's gross 
tonnage as measured under the International Convention on Tonnage 
Measurement of Ships, 1969 (Convention), is used to determine the 
vessel's required applicable amounts of financial responsibility, and 
limit of liability under Section 1004 of OPA 90 (33 U.S.C. 2704), 
including subpart B of this part, and Section 107 of CERCLA (42 U.S.C. 
9607).
    (2) For all other United States vessels. The vessel's gross tonnage 
under 46 CFR part 69 is used for determining the vessel's 300 gross ton 
threshold, the required applicable amounts of financial responsibility, 
and limits of liability under Section 1004 of OPA 90 (33 U.S.C. 2704), 
including subpart B of this part, and Section 107 of CERCLA (42 U.S.C. 
9607). If the vessel's gross tonnage is determined under the Dual 
Measurement System, the higher gross tonnage is used in all 
determinations.
    (d) For a vessel of a foreign country that is a party to the 
Convention, gross tons or gross tonnage, as referred to in this part, is 
determined as follows:
    (1) For a vessel assigned, or presently required to be assigned, 
gross tonnage under Annex I of the Convention. The vessel's gross 
tonnage as measured under Annex I of the Convention is used for 
determining the 300 gross ton threshold, if applicable, the required 
applicable amounts of financial responsibility, and limits of liability 
under Section 1004(a) of OPA 90 (33 U.S.C. 2704), including subpart B of 
this part, and under Section 107 of CERCLA (42 U.S.C. 9607).
    (2) For a vessel not presently required to be assigned gross tonnage 
under Annex I of the Convention. The highest gross tonnage that appears 
on the vessel's U.S. Coast Guard Certificate of Documentation or 
equivalent document and that is acceptable to the Coast Guard under 46 
U.S.C. chapter 143 is used for determining the 300 gross ton threshold, 
if applicable, the required applicable amounts of financial 
responsibility, and limits of liability under Section 1004 of OPA 90 (33 
U.S.C. 2704), including subpart B of this part, and Section 107 of 
CERCLA (42 U.S.C. 9607). If the vessel has no document, or the gross 
tonnage appearing on the document is not acceptable under 46 U.S.C. 
chapter 143, the vessel's gross tonnage is determined by applying the 
Convention Measurement System under 46 CFR part 69, subpart B, or if 
applicable, the Simplified Measurement System under 46 CFR part 69, 
subpart E. The measurement standards applied are subject to applicable 
international agreements to which the United States Government is a 
party.
    (e) For a vessel of a foreign country that is not a party to the 
Convention, gross tons or gross tonnage, as referred to in this part, is 
determined as follows:
    (1) For a vessel measured under laws and regulations found by the 
Commandant to be similar to Annex I of the Convention. The vessel's 
gross tonnage under the similar laws and regulations is used for 
determining the 300

[[Page 87]]

gross ton threshold, if applicable, the required applicable amounts of 
financial responsibility, and limits of liability under Section 1004 of 
OPA 90 (33 U.S.C. 2704), including subpart B of this part, and Section 
107 of CERCLA (42 U.S.C. 9607). The measurement standards applied are 
subject to applicable international agreements to which the United 
States Government is a party.
    (2) For a vessel not measured under laws and regulations found by 
the Commandant to be similar to Annex I of the Convention. The vessel's 
gross tonnage under 46 CFR part 69, subpart B, or, if applicable, 
subpart E, is used for determining the 300 gross ton threshold, if 
applicable, the required applicable amount of financial responsibility, 
and the limits of liability under Section 1004 of OPA 90 (33 U.S.C. 
2704), including subpart B of this part, and Section 107 of CERCLA (42 
U.S.C. 9607). The measurement standards applied are subject to 
applicable international agreements to which the United States is a 
party.
    (f) A person who agrees to act as a guarantor or a self-insurer is 
bound by the vessel's gross tonnage as determined under paragraphs (c), 
(d), or (e) of this section, regardless of what gross tonnage is 
specified in an Application or guaranty form submitted under this 
subpart. Guarantors, however, may limit their liability under a guaranty 
of financial responsibility to the applicable gross tonnage appearing on 
a vessel's International Tonnage Certificate or other official, 
applicable certificate of measurement and will not incur any greater 
liability with respect to that guaranty, except when the guarantors knew 
or should have known that the applicable tonnage certificate was 
incorrect.



Sec. 138.40  Forms.

    All forms referred to in this subpart may be obtained from NPFC by 
requesting them in writing at the address given in Sec. 138.45(a) or by 
clicking on the Forms link at the NPFC E-COFR Web site, http://
www.npfc.gov/cofr.



Sec. 138.45  Where to apply for and renew Certificates.

    (a) An operator must submit all Applications for a Certificate and 
all requests for renewal of a Certificate, together with all evidence of 
financial responsibility required under Sec. 138.80 and all fees 
required under Sec. 138.130, to the NFPC at the following address: 
Director National Pollution Funds Center, NPFC CV MS 7100, U.S. Coast 
Guard, 4200 Wilson Blvd., Suite 1000, Arlington, VA 20598-7100, 
telephone (202) 493-6780, Telefax (202) 493-6781; or electronically 
using NPFC's E-COFR Web-based process at http://www.npfc.gov/cofr.
    (b) All requests you have for assistance in completing Applications, 
requests for renewal and other submissions under this subpart, including 
telephone inquiries, should be directed to the U.S. Coast Guard NPFC at 
the addresses in paragraph (a) of this section.

[USCG-2005-21780, 73 FR 53697, Sept. 17, 2008, as amended by USCG-2009-
0416, 74 FR 27441, June 10, 2009]



Sec. 138.50  Time to apply.

    (a) A vessel operator who wishes to obtain a Certificate must submit 
a completed Application form and all required supporting evidence of 
financial responsibility, and must pay all applicable fees, at least 21 
days prior to the date the Certificate is required. The Director, NPFC, 
may grant an extension of this 21-day deadline upon written request and 
for good cause shown. An applicant seeking an extension of this deadline 
must set forth the reasons for the extension request and deliver the 
request to the Director, NPFC, at least 15 days before the deadline. The 
Director, NPFC, will not consider a request for an extension of more 
than 60 days.
    (b) The Director, NPFC, generally processes Applications and 
requests for renewal in the order in which they are received at the 
NPFC.



Sec. 138.60  Applications, general instructions.

    (a) You may obtain an Application for Vessel Certificate of 
Financial Responsibility (Water Pollution) (Form CG-5585) by following 
the instructions in Sec. Sec. 138.40 and 138.45.
    (b) Your Application and all supporting documents must be in 
English, and express all monetary terms in United States dollars.

[[Page 88]]

    (c) An authorized official of the applicant must sign the signature 
page of the Application. The title of the signer must be shown in the 
space provided on the Application. The operator must submit the original 
signature page of the Application to NPFC in hard copy.
    (d) If the signer is not identified on the Application as an 
individual (sole proprietor) applicant, a partner in a partnership 
applicant, or a director, chief executive officer, or any other duly 
authorized officer of a corporate applicant, the Application must be 
accompanied by a written statement certifying the signer's authority to 
sign on behalf of the applicant.
    (e) If, before the issuance of a Certificate, the applicant becomes 
aware of a change in any of the facts contained in the Application or 
supporting documentation, the applicant must, within 5 business days of 
becoming aware of the change, notify the Director, NPFC, in writing, of 
the changed facts.



Sec. 138.65  Issuance of Certificates.

    Upon the satisfactory demonstration of financial responsibility and 
payment of all fees due, the Director, NPFC, will issue a Vessel 
Certificate of Financial Responsibility (Water Pollution) (Form CG-5585) 
in electronic form. Copies of the Certificate may be downloaded from 
NPFC's E-COFR Web site.



Sec. 138.70  Renewal of Certificates.

    (a) The operator of a vessel required to have a Certificate under 
this subpart must submit a written or E-COFR request for renewal of the 
Certificate to the NPFC at least 21 days, but not earlier than 90 days, 
before the expiration date of the Certificate. A letter may be used for 
this purpose. The request for renewal must comply in all other respects 
with the requirements in Sec. 138.60 concerning Applications. The 
Director, NPFC, may waive this 21-day requirement for good cause shown.
    (b) The operator must identify in the request for renewal any 
changes which have occurred since the original Application for a 
Certificate was filed, and must set forth the correct information in 
full.



Sec. 138.80  Financial responsibility, how established.

    (a) General. In addition to submitting an Application, requests for 
renewal, and fees, an applicant must file, or cause to be filed, with 
the Director, NPFC, evidence of financial responsibility acceptable to 
the Director, NPFC, in an amount equal to the total applicable amount 
determined under Sec. 138.80(f)(3). A guarantor may file the evidence 
of financial responsibility on behalf of the applicant directly with the 
Director, NPFC.
    (b) Methods. An applicant or certificant must establish and maintain 
evidence of financial responsibility by one or more of the following 
methods:
    (1) Insurance. By filing with the Director, NPFC, an Insurance 
Guaranty (Form CG-5586) or, when applying for a Master Certificate under 
Sec. 138.110, a Master Insurance Guaranty (Form CG-5586-1), executed by 
not more than four insurers that have been found acceptable by, and 
remain acceptable to, the Director, NPFC, for purposes of this subpart.
    (2) Surety bond. By filing with the Director, NPFC, a Surety Bond 
Guaranty (Form CG-5586-2), executed by not more than 10 acceptable 
surety companies certified by the United States Department of the 
Treasury with respect to the issuance of Federal bonds in the maximum 
penal sum of each bond to be issued under this subpart.
    (3) Self-insurance. By filing with the Director, NPFC, the financial 
statements specified in paragraph (b)(3)(i) of this section for the 
applicant's fiscal year preceding the date of Application and by 
demonstrating that the applicant or certificant maintains, in the United 
States, working capital and net worth each in amounts equal to or 
greater than the total applicable amount determined under Sec. 
138.80(f)(3), based on a vessel carrying hazardous substances as cargo. 
As used in this paragraph, working capital means the amount of current 
assets located in the United States, less all current liabilities 
anywhere in the world; and net worth means the amount of all assets 
located in the United States, less all liabilities anywhere in the 
world. For each fiscal year after the initial filing,

[[Page 89]]

the applicant or certificant must also submit statements as follows:
    (i) Initial and annual filings. An applicant or certificant must 
submit annual, current, and audited non-consolidated financial 
statements prepared in accordance with Generally Accepted Accounting 
Principles, and audited by an independent Certified Public Accountant in 
accordance with Generally Accepted Auditing Standards. These financial 
statements must be accompanied by an additional statement from the 
Treasurer (or equivalent official) of the applicant or certificant 
certifying both the amount of current assets and the amount of total 
assets included in the accompanying balance sheet, which are located in 
the United States. If the financial statements cannot be submitted in 
non-consolidated form, a consolidated statement may be submitted if 
accompanied by an additional 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 Certified Public 
Accountant statement must specifically name the applicant or 
certificant, indicate that the amounts so verified relate only to the 
applicant or certificant, apart from any other affiliated entity, and 
identify the consolidated financial statement to which it applies.
    (ii) Semiannual self-insurance submissions. When the self-insuring 
applicant's or certificant's demonstrated net worth is not at least ten 
times the total applicable amount of financial responsibility determined 
under Sec. 138.80(f)(3), the applicant's or certificant's Treasurer (or 
equivalent official) must file affidavits with the Director, NPFC, 
covering the first six months of the applicant's or certificant's 
current fiscal year. The affidavits must state that neither the working 
capital nor the net worth have, during the first six months of the 
current fiscal year, fallen below the applicant's or certificant's 
required total applicable amount of financial responsibility as 
determined under this subpart.
    (iii) Additional self-insurance submissions. A self-insuring 
applicant or certificant--
    (A) Must, upon request of the Director, NPFC, within the time 
specified in the request, file additional financial information; and
    (B) Must notify the Director, NPFC, within 5 business days of the 
date the applicant or certificant knows, or has reason to know, that its 
working capital or net worth has fallen below the total applicable 
amounts required by this subpart.
    (iv) Time for self-insurance filings. All required annual financial 
statements must be received by the Director, NPFC, within 90 days after 
the close of the applicant's or certificant's fiscal year, and all 
affidavits required by paragraph (b)(3)(ii) of this section must be 
received by the Director, NPFC, within 30 days after the close of the 
applicable six-month period. The Director, NPFC, may grant an extension 
of the time limits for filing the annual financial statements, semi-
annual affidavits or additional financial information upon written 
request and for good cause shown. An applicant or certificant seeking an 
extension of any deadline must set forth the reasons for the extension 
request and deliver the request to the Director, NPFC, at least 15 days 
before the annual financial statements, affidavits or additional 
information are due. The Director, NPFC, will not consider a request for 
an extension of more than 60 days.
    (v) Failure to submit. The Director, NPFC, may deny or revoke a 
Certificate for failure of the applicant or certificant to timely file 
any statement, data, notification, or affidavit required by paragraph 
(b)(3) of this section.
    (vi) Waiver of working capital. The Director, NPFC, may waive the 
working capital requirement for any applicant or certificant that--
    (A) Is a regulated public utility, a municipal or higher-level 
governmental entity, or an entity operating solely as a charitable, non-
profit organization qualifying under Section

[[Page 90]]

501(c) Internal Revenue Code. The applicant or certificant must 
demonstrate in writing that the grant of a waiver would benefit a local 
public interest; or
    (B) Demonstrates in writing that working capital is not a 
significant factor in the applicant's or certificant's financial 
condition. An applicant's or certificant's net worth in relation to the 
amount of its required total applicable amount of financial 
responsibility and a history of stable operations are the major elements 
considered by the Director, NPFC.
    (4) Financial guaranty. By filing with the Director, NPFC, a 
Financial Guaranty (Form CG-5586-3), or, when applying for a Master 
Certificate, a Master Financial Guaranty (Form CG-5586-4), executed by 
not more than four financial guarantors, including, but not limited to, 
a parent or affiliate acceptable to the Director, NPFC. A financial 
guarantor must comply with all of the self-insurance provisions of 
paragraph (b)(3) of this section. In addition, a person who is a 
financial guarantor for more than one applicant or certificant must have 
working capital and net worth no less than the aggregate total 
applicable amounts of financial responsibility determined under Sec. 
138.80(f)(3) provided as a financial guarantor for each applicant or 
certificant, plus the total applicable amount required to be 
demonstrated by a self-insurer under this subpart if the financial 
guarantor is also acting as a self-insurer.
    (5) Other evidence of financial responsibility. The Director, NPFC, 
will not accept a self-insurance method other than the one described in 
paragraph (b)(3) of this section. An applicant may in writing request 
that the Director, NPFC, accept a method different from one described in 
paragraph (b)(1), (2), or (4) of this section to demonstrate evidence of 
financial responsibility. An applicant submitting a request under this 
paragraph must submit the request to the Director, NPFC, at least 45 
days prior to the date the Certificate is required. The applicant must 
describe in detail the method proposed, the reasons why the applicant 
does not wish to use or is unable to use one of the methods described in 
paragraph (b)(1), (2), or (4) of this section, and how the proposed 
method assures that the responsible parties for the vessel are able to 
fulfill their obligations to pay costs and damages in the event of an 
incident or a release or threatened release. The Director, NPFC, will 
not accept a method under this paragraph that merely deletes or alters a 
provision of one of the methods described in paragraph (b)(1), (2), or 
(4) of this section (for example, one that alters the termination clause 
of the Insurance Guaranty (Form CG-5586). An applicant that makes a 
request under this paragraph must provide the Director, NPFC, a proposed 
guaranty form that includes all the elements described in paragraphs (c) 
and (d) of this section. A decision of the Director, NPFC, not to accept 
a method requested by an applicant under this paragraph is final agency 
action.
    (c) Forms--(1) Multiple guarantors. Four or fewer insurers (a lead 
underwriter is considered to be one insurer) may jointly execute an 
Insurance Guaranty (Form CG-5586) or a Master Insurance Guaranty (Form 
CG-5586-1). Ten or fewer sureties (including lead sureties) may jointly 
execute a Surety Bond Guaranty (Form CG-5586-2). Four or fewer financial 
guarantors may jointly execute a Financial Guaranty (Form CG-5586-3). If 
more than one insurer, surety, or financial guarantor executes the 
relevant form--
    (i) Each is bound for the payment of sums only in accordance with 
the percentage of vertical participation specified on the relevant form 
for that insurer, surety, or financial guarantor. Participation in the 
form of layering (tiers, one in excess of another) is not acceptable; 
only vertical participation on a percentage basis and participation with 
no specified percentage allocation is acceptable. If no percentage of 
participation is specified for an insurer, surety, or financial 
guarantor, the liability of that insurer, surety, or financial guarantor 
is joint and several for the total of the unspecified portions; and
    (ii) The guarantors must designate a lead guarantor having authority 
to bind all guarantors for actions required of guarantors under the 
Acts, including

[[Page 91]]

but not limited to receipt of designation of source, advertisement of a 
designation, and receipt and settlement of claims.
    (2) Operator name. An applicant or certificant must ensure that each 
form submitted under this subpart sets forth in full the correct legal 
name of the vessel operator to whom a Certificate is to be issued.
    (d) Direct action--(1) Acknowledgment. Any evidence of financial 
responsibility filed with the Director, NPFC, under this subpart must 
contain an acknowledgment by each insurer or other guarantor that an 
action in court by a claimant (including a claimant by right of 
subrogation) for costs or damages arising under the provisions of the 
Acts, may be brought directly against the insurer or other guarantor. 
The evidence of financial responsibility must also provide that, in the 
event an action is brought under the Acts directly against the insurer 
or other guarantor, the insurer or other guarantor may invoke only the 
following rights and defenses:
    (i) The incident, release, or threatened release was caused by the 
willful misconduct of the person for whom the guaranty is provided.
    (ii) Any defense that the person for whom the guaranty is provided 
may raise under the Acts.
    (iii) A defense that the amount of a claim or claims, filed in any 
action in any court or other proceeding, exceeds the amount of the 
guaranty with respect to an incident or with respect to a release or 
threatened release.
    (iv) A defense that the amount of a claim or claims that exceeds the 
amount of the guaranty, which amount is based on the gross tonnage of 
the vessel as entered on the vessel's International Tonnage Certificate 
or other official, applicable certificate of measurement, except when 
the guarantor knew or should have known that the applicable tonnage 
certificate was incorrect.
    (v) The claim is not one made under either of the Acts.
    (2) Limitation on guarantor liability. A guarantor that participates 
in any evidence of financial responsibility under this subpart will be 
liable because of that participation, with respect to an incident or a 
release or threatened release, in any proceeding only for the amount and 
type of costs and damages specified in the evidence of financial 
responsibility. A guarantor will not be considered to have consented to 
direct action under any law other than the Acts, or to unlimited 
liability under any law or in any venue, solely because of the 
guarantor's participation in providing any evidence of financial 
responsibility under this subpart. In the event of any finding that 
liability of a guarantor exceeds the amount of the guaranty provided 
under this subpart, that guaranty is considered null and void with 
respect to that excess.
    (e) Public access to data. Financial data filed with the Director, 
NPFC, by an applicant, certificant, and any other person is considered 
public information 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. The total applicable amount is 
determined as follows:
    (1) The applicable amount under OPA 90 is equal to the applicable 
vessel limit of liability, which is determined as provided in subpart B 
of this part.
    (2) The applicable amount under CERCLA is determined as follows:
    (i) For a vessel over 300 gross tons carrying a hazardous substance 
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 applicable amount determined 
under paragraph (f)(1) of this section plus the applicable amount 
determined under paragraph (f)(2) of this section.



Sec. 138.85  Implementation schedule for amendments to applicable amounts by 

regulation.

    Each operator of a vessel described in Sec. 138.15 must establish 
evidence of financial responsibility acceptable to the Director, NPFC, 
in an amount equal to or greater than the total applicable amounts 
determined under Sec. 138.80(f), by not later than January 15, 2009. In 
the event an applicable amount

[[Page 92]]

determined under Sec. 138.80(f) is thereafter amended by regulation, 
each operator of a vessel described in Sec. 138.15 must establish 
evidence of financial responsibility acceptable to the Director, NPFC, 
in an amount equal to or greater than the amended total applicable 
amount, by not later than 90 days after the effective date of the final 
rule, unless another date is required by statute or specified in the 
amending regulation.



Sec. 138.90  Individual and Fleet Certificates.

    (a) The Director, NPFC, issues an individual Certificate for each 
vessel listed on a completed Application or request for renewal when the 
Director, NPFC, determines that acceptable evidence of financial 
responsibility has been provided and appropriate fees have been paid, 
except where a Fleet Certificate is issued under this section or where a 
Master Certificate is issued under Sec. 138.110. Each Certificate of 
any type issued under this subpart is issued only in the name of a 
vessel operator and is effective for not more than 3 years from the date 
of issuance, as indicated on each Certificate. An authorized official of 
the applicant may submit to the Director, NPFC, a letter requesting that 
additional vessels be added to a previously submitted Application for an 
individual Certificate. The letter must set forth all information 
required in item 5 of the Application form. The authorized official must 
also file, or cause to be filed with the Director, NPFC, acceptable 
evidence of financial responsibility, if required, and must pay all 
applicable certification fees for the additional vessels.
    (b) An operator of a fleet of two or more barges that are not tank 
vessels and that from time to time may be subject to this subpart (e.g., 
a hopper barge over 300 gross tons when carrying oily metal shavings or 
similar cargo) may apply to the Director, NPFC, for issuance of a Fleet 
Certificate, so long as the operator of such a fleet is a self-insurer 
or arranges with an acceptable guarantor to cover, automatically, all 
such barges for which the operator may from time to time be responsible.
    (c) A person must not make any alteration on any copy of a 
Certificate issued under this subpart.
    (d) If, at any time after a Certificate has been issued, a 
certificant becomes aware of a change in any of the facts contained in 
the Application or supporting documentation, the certificant must notify 
the Director, NPFC, in writing within 10 days of becoming aware of the 
change. A vessel or operator name change or change of a guarantor must 
be reported by the operator as soon as possible by telefax or other 
electronic means to the Director, NPFC, and followed by a written notice 
sent within 3 business days. (See, Sec. 138.45, Where to apply for and 
renew Certificates, for contact information).
    (e) Except as provided in Sec. 138.90(f), at the moment a 
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 is void and its further use 
is prohibited. In that case, the certificant must, within 10 business 
days of the Certificate becoming void, submit the following information 
in writing to the Director, NPFC:
    (1) The number of the individual Certificate and the name of the 
vessel.
    (2) The date and reason why the certificant ceased to be the 
operator of the vessel.
    (3) The location of the vessel on the date the certificant ceased to 
be the operator.
    (4) The name and mailing address of the person to whom the vessel 
was sold or transferred.
    (f) In the event of the temporary transfer of custody of an unmanned 
barge with a Certificate under this subpart, where the certificant 
transferring the barge continues to be liable under the Acts and 
continues to maintain on file with the Director, NPFC, acceptable 
evidence of financial responsibility with respect to the barge, the 
existing Certificate remains in effect in respect to that vessel, and a 
temporary new Certificate is not required for the vessel. The temporary 
transferee is encouraged to require the transferring certificant to 
acknowledge in writing that the transferring certificant agrees

[[Page 93]]

to remain responsible for pollution liabilities.



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

    (a) Each operator that is not an owner of a vessel with a 
Certificate under this subpart, other than an unmanned barge, must 
ensure that the original or a legible copy of the demise charter-party 
(or other written document on the owner's letterhead, signed by the 
vessel owner, which specifically identifies the vessel operator named on 
the Certificate) is maintained on board the vessel.
    (b) The demise charter-party or other document required by paragraph 
(a) of this section must be presented, upon request, for examination and 
copying, to a United States Government official.



Sec. 138.110  Master Certificates.

    (a) A contractor or other person who is responsible for a vessel in 
the capacity of a builder, scrapper, lessor, or seller (including a 
repairer who agrees to be responsible for a vessel under its custody) 
may apply for a Master Certificate instead of applying for an individual 
Certificate or Fleet Certificate for each vessel. A Master Certificate 
covers all of the vessels subject to this subpart held by the applicant 
solely for purposes of construction, repair, scrapping, lease, or sale. 
A vessel which is being operated commercially in any business venture, 
including the business of building, repairing, scrapping, leasing, or 
selling (e.g., a slop barge used by a shipyard) cannot be covered by a 
Master Certificate. Any vessel for which a Certificate is required, but 
which is not eligible for a Master Certificate, must be covered by 
either an individual Certificate or a Fleet Certificate.
    (b) An applicant for a Master Certificate must submit an Application 
form in the manner prescribed by Sec. Sec. 138.40 through 138.60. An 
applicant must establish evidence of financial responsibility in 
accordance with Sec. 138.80, by submission, for example, of an 
acceptable Master Insurance Guaranty Form, Surety Bond Guaranty Form, 
Master Financial Guaranty Form, or acceptable self-insurance 
documentation. An Application for a Master Certificate must be completed 
in full, except for Item 5. The applicant must make the following 
statement in Item 5: ``This is an application for a Master Certificate. 
The largest tank vessel to be covered by this application is [insert 
applicable gross tons] gross tons. The largest vessel other than a tank 
vessel is [insert applicable gross tons] gross tons.'' The dollar amount 
of financial responsibility evidenced by the applicant must be 
sufficient to meet the amount required under this subpart.
    (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 of 
not more than 3 years; and
    (3) The gross tons of the largest tank vessel and gross tons of the 
largest vessel other than a tank vessel eligible for coverage by that 
Master Certificate. (The Master Certificate does not identify the name 
of each vessel covered by the Certificate.)
    (d) Each additional vessel which does not exceed the respective 
tonnages indicated on the Master Certificate and which is eligible for 
coverage by a Master Certificate is automatically covered by that Master 
Certificate. Before acquiring a vessel, by any means, including 
conversion of an existing vessel, that would have the effect of 
increasing the certificant's required applicable amount of financial 
responsibility (above that provided for issuance of the existing Master 
Certificate), the certificant must 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 existing 
Application to reflect the new gross tonnage which is to be indicated on 
a new Master Certificate.
    (e) A person to whom a Master Certificate has been issued must 
submit to the Director, NPFC, every six months beginning the month after 
the month in which the Master Certificate is issued, a report indicating 
the name, previous name, type, and gross tonnage of each vessel covered 
by the Master

[[Page 94]]

Certificate during the preceding six-month reporting period and 
indicating which vessels, if any, are tank vessels.



Sec. 138.120  Certificates, denial or revocation.

    (a) The Director, NPFC, may deny a Certificate when an applicant--
    (1) Willfully or knowingly makes a false statement in connection 
with an Application or other submission or filing under this subpart for 
an initial or renewal Certificate;
    (2) Fails to establish acceptable evidence of financial 
responsibility as required by this subpart;
    (3) Fails to pay the required Application or certification fees;
    (4) Fails to comply with or respond to lawful inquiries, 
regulations, or orders of the Coast Guard pertaining to the activities 
subject to this subpart; or
    (5) Fails to timely file with the Director, NPFC, required 
statements, data, notifications, or affidavits.
    (b) The Director, NPFC, may revoke a Certificate when a 
certificant--
    (1) Willfully or knowingly makes a false statement in connection 
with an Application for an initial or a renewal Certificate, or in 
connection with any other filing required by this subpart;
    (2) Fails to comply with or respond to lawful inquiries, 
regulations, or orders of the Coast Guard pertaining to the activities 
subject to this subpart; or
    (3) Fails to timely file with the Director, NPFC, 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 financial 
responsibility as required by this subpart;
    (2) Is no longer the responsible operator of the vessel or fleet in 
question; or
    (3) Alters any copy of a Certificate.
    (d) The Director, NPFC, will advise the applicant or certificant, in 
writing, of the intention to deny or revoke a Certificate under 
paragraph (a) or (b) of this section and will state the reason for the 
decision. Written advice from the Director, NPFC, that an incomplete 
Application will be considered withdrawn unless it is completed within a 
stated period, is the equivalent of a denial.
    (e) If the intended revocation under paragraph (b) of this section 
is based on failure to timely file required financial statements, data, 
notifications, or affidavits with the Director, NPFC, the revocation is 
effective 10 days after the date of the notice of intention to revoke, 
unless, before the effective date of the revocation, the certificant 
demonstrates to the satisfaction of the Director, NPFC, that the 
required documents were timely 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 may request, in 
writing, an opportunity to present information for the purpose of 
showing that the applicant or certificant is in compliance with the 
subpart. The request must be received by the Director, NPFC, within 10 
days after the date of the notification of intention to deny or revoke. 
A Certificate subject to revocation under this paragraph remains valid 
until the Director, NPFC, issues a written decision revoking the 
Certificate.
    (g) An applicant or certificant whose Certificate has been denied 
under paragraph (a) of this section or revoked under paragraph (b) or 
(c) of this section may request the Director, NPFC, to reconsider the 
denial or revocation. The certificant must submit a request for 
reconsideration, in writing, to the Director, NPFC, within 20 days of 
the date of the denial or revocation. The certificant must state the 
reasons for requesting reconsideration. The Director, NPFC, will 
generally issue a written decision on the request within 30 days of 
receipt, provided that, if the Director, NPFC, does not issue a decision 
within 30 days, the request for reconsideration will be deemed to have 
been denied, and the denial or revocation will be deemed to have been 
affirmed. Unless the Director, NPFC, issues a decision reversing the 
revocation, a revoked Certificate remains invalid. A decision by the 
Director, NPFC, affirming a denial or revocation, is final agency 
action.

[[Page 95]]



Sec. 138.130  Fees.

    (a) The Director, NPFC, will not issue or renew a Certificate until 
the fees set forth in paragraphs (c) and (d) of this section have been 
paid.
    (b) For those using E-COFR, credit card payment is required. 
Otherwise, fees must be paid in United States currency by check, draft, 
or postal money order made payable to the ``U.S. Coast Guard''.
    (c) An applicant who submits an Application under this subpart must 
pay a non-refundable Application fee of $200 for each Application (i.e., 
individual Certificate, Fleet Certificate, or Master Certificate), 
except as follows:
    (1) An Application for an additional (i.e., supplemental) individual 
Certificate,
    (2) A request to amend or renew an existing Certificate, or
    (3) An Application submitted within 90 days following a revocation 
or other invalidation of a Certificate.
    (d) In addition to the Application fee of $200, an applicant must 
pay a certification fee of $100 for each vessel for which a Certificate 
is requested. An applicant must pay the $100 certification fee for each 
vessel listed in, or later added to, an Application for an individual 
Certificate(s). An applicant must pay the $100 certification fee to 
renew or to reissue a Certificate for any reason, including, but not 
limited to, a vessel or operator name change.
    (e) A certification fee is refunded, upon receipt of a written 
request, if the Application is denied or withdrawn before issuance of 
the Certificate. Overpayments of Application and certification fees are 
refunded, on request, only if the refund is for $100 or more. However, 
any overpayments not refunded will be credited, for a period of 3 years 
from the date of receipt of the monies by the Coast Guard, for the 
applicant's possible future use or transfer to another applicant under 
this subpart.



Sec. 138.140  Enforcement.

    (a) Any person who fails to comply with this subpart with respect to 
evidence of financial responsibility under Section 1016 of OPA 90 (33 
U.S.C. 2716) is subject to a civil penalty under Section 4303(a) of OPA 
90 (33 U.S.C. 2716a(a)). In addition, under Section 4303(b) of OPA 90 
(33 U.S.C. 2716a(b)), the Attorney General may secure such relief as may 
be necessary to compel compliance with the OPA 90 requirements of this 
subpart, including termination of operations. Further, any person who 
fails to comply with this subpart with respect to evidence of financial 
responsibility under Section 108(a) of CERCLA (42 U.S.C. 9608(a)), is 
subject to a Class I administrative civil penalty, a Class II 
administrative civil penalty or a judicial penalty under Section 109 of 
CERCLA (42 U.S.C. 9609).
    (b) The Secretary of the Department in which the U.S. Coast Guard is 
operating will withhold or revoke the clearance required by 46 U.S.C. 
60105 to any vessel subject to this subpart that has not provided the 
evidence of financial responsibility required by this subpart.
    (c) The Coast Guard may deny entry to any port or place in the 
United States or the navigable waters of the United States, and may 
detain at a port or place in the United States in which it is located, 
any vessel subject to this subpart, which has not provided the evidence 
of financial responsibility required by this subpart.
    (d) Any vessel subject to this subpart which is found operating in 
the navigable waters without having been issued a Certificate or 
maintained the necessary evidence of financial responsibility as 
required by this subpart is subject to seizure by, and forfeiture to, 
the United States.
    (e) Knowingly and willfully using an altered copy of a Certificate, 
or using a copy of a revoked, expired or voided Certificate for anything 
other than recordkeeping purposes, is prohibited. If a Certificate is 
revoked, has expired or is rendered void for any reason, the certificant 
must cease using all copies of the Certificate for anything other than 
the operator's own historical recordkeeping purposes.



Sec. 138.150  Service of process.

    (a) When executing the forms required by this subpart, each 
applicant, certificant and guarantor must designate thereon a person 
located in the United States as its agent for service of process for 
purposes of this subpart and for receipt of notices of responsible

[[Page 96]]

party designations and presentations of claims under the Acts 
(collectively referred to herein as ``service of process''). Each 
designated agent must acknowledge the agency designation in writing 
unless the agent has already furnished the Director, NPFC, with a master 
(i.e., blanket) agency acknowledgment showing that the agent has agreed 
in advance to act as the United States agent for service of process for 
the applicant, certificant, or guarantor in question.
    (b) If any applicant, certificant, or guarantor desires, for any 
reason, to change any designated agent, the applicant, certificant, or 
guarantor must notify the Director, NPFC, of the change. If a master 
agency acknowledgment for the new agent is not on file with NPFC, the 
applicant, certificant, or guarantor must furnish to the Director, NPFC, 
all the relevant information, including the new agent's acknowledgment, 
required in accordance with paragraph (a) of this section. In the event 
of death, disability, unavailability, or similar event of a designated 
agent, the applicant, certificant, or guarantor must designate another 
agent in accordance with paragraph (a) of this section within 10 days of 
knowledge of any such event. The applicant, certificant, or guarantor 
must submit the new designation to the Director, NPFC. The Director, 
NPFC, may deny or revoke a Certificate if an applicant, certificant, or 
guarantor fails to designate and maintain an agent for service of 
process.
    (c) If a designated agent cannot be served because of death, 
disability, unavailability, or similar event, and another agent has not 
been designated under this section, then service of process on the 
Director, NPFC, will constitute valid service of process. Service of 
process on the Director, NPFC, will not be effective unless the server--
    (1) Sends the applicant, certificant, or guarantor, as applicable 
(by registered mail, at the last known address on file with the 
Director, NPFC), a copy of each document served on the Director, NPFC; 
and
    (2) Attests to this registered mailing, at the time process is 
served upon the Director, NPFC, indicating that the intent of the 
mailing 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.



   Subpart B_OPA 90 Limits of Liability (Vessels and Deepwater Ports)

    Source: USCG-2008-0007, 74 FR 31368, July 1, 2009, unless otherwise 
noted.



Sec. 138.200  Scope.

    This subpart sets forth the limits of liability for vessels and 
deepwater ports under Title I of the Oil Pollution Act of 1990, as 
amended (33 U.S.C. 2701, et seq.) (OPA 90), as adjusted under Section 
1004(d) of OPA 90 (33 U.S.C. 2704(d)). This subpart also sets forth the 
method for adjusting the limits of liability by regulation for inflation 
under Section 1004(d) of OPA 90 (33 U.S.C. 2704(d)).



Sec. 138.210  Applicability.

    This subpart applies to you if you are a responsible party for a 
vessel as defined under Section 1001(37) of OPA 90 (33 U.S.C. 2701(37)) 
or a deepwater port as defined under Section 1001(6) of OPA 90 (33 
U.S.C. 2701(6)), unless your OPA 90 liability is unlimited under Section 
1004(c) of OPA 90 (33 U.S.C. 2704(c)).



Sec. 138.220  Definitions.

    (a) As used in this subpart, the following terms have the meaning as 
set forth in Section 1001 of OPA 90 (33 U.S.C. 2701): deepwater port, 
gross ton, liability, oil, responsible party, tank vessel, and vessel.
    (b) As used in this subpart--
    Annual CPI-U means the annual ``Consumer Price Index--All Urban 
Consumers, Not Seasonally Adjusted, U.S. City Average, All items, 1982-
84=100'', published by the U.S. Department of Labor, Bureau of Labor 
Statistics.
    Director, NPFC means the head of the U.S. Coast Guard, National 
Pollution Funds Center (NPFC).
    Single-hull means the hull of a tank vessel that is constructed or 
adapted to carry, or that carries, oil in bulk as cargo or cargo 
residue, that is not a

[[Page 97]]

double hull as defined in 33 CFR part 157. Single-hull includes the hull 
of any such tank vessel that is fitted with double sides only or a 
double bottom only.



Sec. 138.230  Limits of liability.

    (a) Vessels. The OPA 90 limits of liability for vessels are--
    (1) For a single-hull tank vessel greater than 3,000 gross tons, the 
greater of $3,200 per gross ton or $23,496,000;
    (2) For a tank vessel greater than 3,000 gross tons, other than a 
single-hull tank vessel, the greater of $2,000 per gross ton or 
$17,088,000.
    (3) For a single-hull tank vessel less than or equal to 3,000 gross 
tons, the greater of $3,200 per gross ton or $6,408,000.
    (4) For a tank vessel less than or equal to 3,000 gross tons, other 
than a single-hull tank vessel, the greater of $2,000 per gross ton or 
$4,272,000.
    (5) For any other vessel, the greater of $1,000 per gross ton or 
$854,400.
    (b) Deepwater ports. The OPA 90 limits of liability for deepwater 
ports are--
    (1) For any deepwater port other than a deepwater port with a limit 
of liability established by regulation under Section 1004(d)(2) of OPA 
90 (33 U.S.C. 2704(d)(2)) and set forth in paragraph (b)(2) of this 
section, $373,800,000;
    (2) For deepwater ports with limits of liability established by 
regulation under Section 1004(d)(2) of OPA 90 (33 U.S.C. 2704(d)(2)):
    (i) For the Louisiana Offshore Oil Port (LOOP), $87,606,000; and
    (ii) [Reserved]
    (c) [Reserved]



Sec. 138.240  Procedure for calculating limit of liability adjustments for 

inflation.

    (a) Formula for calculating a cumulative percent change in the 
Annual CPI-U. The Director, NPFC, calculates the cumulative percent 
change in the Annual CPI-U from the year the limit of liability was 
established, or last adjusted by statute or regulation, whichever is 
later (i.e., the Previous Period), to the most recently published Annual 
CPI-U (i.e., the Current Period), using the following escalation 
formula:

Percent change in the Annual CPI-U = [(Annual CPI-U for Current Period-
Annual CPI-U for Previous Period) / Annual CPI-U for Previous Period] x 
100.

    This cumulative percent change value is rounded to one decimal 
place.
    (b) Significance threshold. Not later than every three years from 
the year the limits of liability were last adjusted for inflation, the 
Director, NPFC, will evaluate whether the cumulative percent change in 
the Annual CPI-U since that date has reached a significance threshold of 
3 percent or greater. For any three-year period in which the cumulative 
percent change in the Annual CPI-U is less than 3 percent, the Director, 
NPFC, will publish a notice of no inflation adjustment to the limits of 
liability in the Federal Register. If this occurs, the Director, NPFC, 
will recalculate the cumulative percent change in the Annual CPI-U since 
the year in which the limits of liability were last adjusted for 
inflation each year thereafter until the cumulative percent change 
equals or exceeds the threshold amount of 3 percent. Once the 3-percent 
threshold is reached, the Director, NPFC, will increase the limits of 
liability, by regulation, for all source categories (including any new 
limit of liability established by statute or regulation since the last 
time the limits of liability were adjusted for inflation) by an amount 
equal to the cumulative percent change in the Annual CPI-U from the year 
each limit was established, or last adjusted by statute or regulation, 
whichever is later. Nothing in this paragraph shall prevent the 
Director, NPFC, in the Director's sole discretion, from adjusting the 
limits of liability for inflation by regulation issued more frequently 
than every three years.
    (c) Formula for calculating inflation adjustments. The Director, 
NPFC, calculates adjustments to the limits of liability in Sec. 138.230 
of this part for inflation using the following formula:

New limit of liability = Previous limit of liability + (Previous limit 
of liability x percent change in the Annual CPI-U calculated under 
paragraph (a) of this section), then rounded to the closest $100.

    (d) [Reserved]

[[Page 98]]



             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 or Minerals 
          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; Department of 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 property 
on Outer Continental Shelf (OCS) facilities, vessels, and other units 
engaged in OCS activities, protect the marine environment, and implement 
the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), as 
amended by the Outer Continental Shelf Lands Act Amendments of 1978 
(Pub. L. 95-372, 92 Stat. 629).



Sec. 140.3  Applicability.

    Unless otherwise stated, this subchapter applies to OCS facilities, 
vessels, and other units engaged in OCS activities as the term ``OCS 
activities'' is defined in Sec. 140.10. This subchapter does not apply 
to pipelines and deepwater ports (as the term ``deepwater port'' is 
defined in 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 OCS 
facilities, including mobile offshore drilling units in contact with the 
seabed of the OCS for exploration or exploitation of subsea resources, 
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 any requirement 
of this subchapter and any regulation or order of the U.S. Geological 
Survey should immediately be brought to the attention of the Officer in 
Charge, Marine Inspection.
    (c) This subchapter does not establish design requirements for fixed 
OCS facilities or regulate drilling or production equipment on any OCS 
facility or attending vessel, except for matters affecting navigation or 
workplace safety or health.



Sec. 140.5  Exemptions during construction.

    The Officer in Charge, Marine Inspection, may exempt any unit under 
construction from any requirements of this subchapter that would be 
impracticable or unreasonable to apply during construction or erection 
of the unit.



Sec. 140.7  Incorporation by reference.

    (a) Certain materials are incorporated by reference into this 
subchapter with the approval of the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a). To enforce any edition other than the 
one listed in paragraph (b) of this section, notice of the change must 
be published in the Federal Register and the material made available to 
the public. All approved material is available for inspection at U.S. 
Coast Guard, Office of Compliance (CG-543), 2100 2nd St. SW., Stop 7581, 
Washington, DC 20593-7581

[[Page 99]]

and at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html. All approved material is 
available from the sources indicated in paragraph (b) of this section.
    (b) The material approved for incorporation by reference in this 
subchapter 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 and
   Industrial Use............................................
  ANSI/UL1123-1987--Standard for Marine Buoyant Devices......    143.405
  ANSI Z41-1983--American National Standard for Personal          142.33
   Protection-Protective Footwear............................
  ANSI Z87.1-1979--Practice for Occupational and Educational      142.27
   Eye and Face Protection...................................
  ANSI Z88.2-1980--Practices for Respiratory Protection......     142.39
  ANSI Z89.1-1981--Safety Requirements for Industrial Head        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;
   and Equipment of Mobile Offshore Drilling Units...........    146.205
 


[CGD 84-098b, 54 FR 21571, May 18, 1989, as amended by CGD 96-026, 61 FR 
33665, June 28, 1996; 69 FR 18803, Apr. 9, 2004; USCG-2004-18057, 69 FR 
34926, June 23, 2004; USCG-2010-0351, 75 FR 36283, June 25, 2010]



Sec. 140.10  Definitions.

    As used in this subchapter:
    Act means the Outer Continental Shelf Lands Act of 1953 (43 U.S.C. 
1331 et seq.), as amended by the Outer Continental Shelf Lands Act 
Amendments of 1978 (Pub. L. 95-372).
    Approved means approved by the Commandant, unless otherwise 
indicated.
    Attending vessel means a vessel which is moored close to and readily 
accessible from an OCS facility for the purpose of providing power, 
fuel, or other services to the operation being conducted on the 
facility.
    Commandant means Commandant of the Coast Guard or that person's 
authorized representative.
    Development means those activities which take place following 
discovery of minerals in paying quantities, including, but not limited 
to, geophysical activity, drilling, and platform construction, and which 
are for the purpose of ultimately producing the minerals discovered.
    District Commander means an officer who commands a Coast Guard 
District described in part 3 of this chapter or that person's authorized 
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 the presence of 
such minerals, and (2) any drilling, whether on or off known geological 
structures, including the drilling of a well in which a discovery of oil 
or natural gas in paying quantities is made and the drilling of any 
additional delineation well after the discovery which is needed to 
delineate any reservoir and to enable the lessee to determine whether to 
proceed with development and production.
    Fixed OCS facility means a bottom founded OCS facility permanently 
attached to the seabed or subsoil of the OCS, including platforms, guyed 
towers, articulated gravity platforms, and other structures.
    Floating OCS facility means a buoyant OCS facility securely and 
substantially moored so that it cannot be moved without a special 
effort. This term includes tension leg platforms and permanently moored 
semisubmersibles or shipshape hulls but does not include mobile offshore 
drilling units and other vessels.

[[Page 100]]

    Investigating officer means a person assigned by the Commandant, a 
District Commander, or an Officer in Charge, Marine Inspection, to 
conduct an investigation of an accident, casualty, or other incident.
    Manned facility means an OCS facility on which people are routinely 
accommodated for more than 12 hours in successive 24 hour periods.
    Manned platform means a fixed OCS facility on which people are 
routinely accommodated for more than 12 hours in successive 24 hour 
periods.
    Marine inspector means a person designated as such by an Officer in 
Charge, Marine Inspection, to perform inspections of units to determine 
whether or not the requirements of laws administered by the Coast Guard 
and of Coast Guard regulations are met.
    Minerals includes oil, gas, sulphur, geopressured-geothermal and 
associated resources, and all other minerals which are authorized by an 
Act of Congress to be produced from ``public lands'' as defined in 
section 103 of the Federal Lands Policy and Management Act of 1976 (43 
U.S.C. 1702(e)).
    Minerals Management Service inspector or MMS inspector means an 
individual employed by the Minerals Management Service who inspects 
fixed OCS facilities on behalf of the Coast Guard to determine 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 engaging in drilling 
operations for exploration or exploitation of subsea resources.
    Officer in Charge, Marine Inspection means a person who commands a 
Marine Inspection Zone described in part 3 of this chapter and who is 
immediately responsible for the performance of duties with respect to 
inspections, enforcement, and administration of regulations governing 
units.
    Operator means--(1) In the case of a vessel, a charterer by demise 
or any other person who is responsible for the operation, manning, 
victualing, and supplying of the vessel; or
    (2) In the case of an OCS facility, the operator as defined in 30 
CFR 250.2(gg).
    Outer Continental Shelf or OCS means all submerged lands lying 
seaward and outside of the area of ``lands beneath navigable waters'' as 
defined in section 2(a) of the Submerged Lands Act (43 U.S.C. 1301(a)) 
and of which the subsoil and seabed appertain to the United States and 
are subject to its jurisdiction and control.
    OCS activity means any offshore activity associated with exploration 
for, or development or production of, the minerals of the Outer 
Continental Shelf.
    OCS facility means any artificial island, installation, or other 
device permanently or temporarily attached to the subsoil or seabed of 
the Outer Continental Shelf, erected for the purpose of exploring for, 
developing, or producing resources therefrom, or any such installation 
or other device (other than a ship or vessel) for the purpose of 
transporting such resources. The term includes mobile offshore drilling 
units when in contact with the seabed of the OCS for exploration or 
exploitation of subsea resources. The term does not include any pipeline 
or deepwater port (as the term ``deepwater port'' is defined in section 
3(10) of the Deepwater Port Act of 1974 (33 U.S.C. 1502)).
    Owner means a person holding title to or, in the absence of title, 
other indicia of ownership of a unit; however, this does not include a 
person who holds indicia of ownership primarily to protect a security 
interest in the unit and does not participate in the management or 
operation of the unit.
    Person means an individual, association, partnership, consortium, 
joint venture, private, public, or municipal firm or corporation, or a 
government entity.
    Person in charge means the master or other individual designated as 
such by the owner or operator under Sec. 146.5 of this subchapter or 46 
CFR 109.107.
    Personnel means individuals who are employed by leaseholders, permit 
holders, operators, owners, contractors, or subcontractors and who are 
on a unit by reason of their employment.
    Production means those activities which take place after the 
successful completion of any means for the removal of minerals, 
including, but not

[[Page 101]]

limited to, such removal, field operations, transfer of minerals to 
shore, operation monitoring, maintenance, and workover.
    Rebuilt means having had substantial alteration or reconstruction of 
the hull or principal structural component.
    Standby vessel means a vessel meeting the requirements of part 143, 
subpart E, of this chapter and specifically designated in an Emergency 
Evacuation Plan under Sec. Sec. 146.140 or 146.210 of this chapter to 
provide rapid evacuation assistance in the event of an emergency.
    Unit means any OCS facility, vessel, rig, platform, or other vehicle 
or structure, domestic or foreign.
    Unmanned facility means an OCS facility, other than a floating 
facility or mobile offshore drilling unit, which is not a manned 
facility even though it may be continuously serviced by an attending 
vessel.
    Unmanned platform means a fixed, bottom-founded OCS facility which 
is not a manned facility even though it may be continuously serviced by 
an attending vessel.
    Vessel means every description of watercraft or other artificial 
contrivance used, or capable of being used, as a means of transportation 
on water.

[CGD 78-160, 47 FR 9376, Mar. 4, 1982, as amended by CGD 79-077, 51 FR 
25059, July 10, 1986; CGD 84-098b, 54 FR 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 those specified 
in this subchapter may be permitted by an Officer in Charge, Marine 
Inspection, to the extent and upon conditions as will insure a degree of 
safety comparable to or greater than that provided by the minimum 
standards in this subchapter.
    (b) Where equipment in this subchapter is required to be of an 
approved type, the equipment requires the specific approval of the 
Commandant. Approvals are published in the Federal Register and 
COMDTINST M16714.3 (Series) Equipment List, available from Commandant 
(CG-521), 2100 2nd St., SW., Stop 7126, Washington, DC 20593-7126.
    (c) Specifications for certain items required to be of an approved 
type are contained in 46 CFR Parts 160 through 164.

[CGD 78-160, 47 FR 9376, Mar. 4, 1982, as amended at CGD 88-052, 53 FR 
25121, July 1, 1988; CGD 96-026, 61 FR 33665, June 28, 1996; USCG-2010-
0351, 75 FR 36283, June 25, 2010]



Sec. 140.20  Delegations.

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



Sec. 140.25  Appeals.

    (a) Any person directly affected by an action or decision of an 
Officer in Charge, Marine Inspection, under the Act or the regulations 
in this subchapter may request reconsideration of that action or 
decision. If still dissatisfied, that person may appeal the action or 
decision of the Officer in Charge, Marine Inspection, within 30 days to 
the District Commander of the District in which the action was taken or 
the decision made. The District Commander issues a decision after 
reviewing the appeal submitted under this paragraph.
    (b) Any person not satisfied with the decision of a District 
Commander may appeal that decision within 30 days to the Commandant, who 
issues a ruling after reviewing the appeal submitted under this 
paragraph. 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 oral 
appeal may be accepted;
    (2) Must be submitted to the District Commander of the District in 
which the action was taken or the decision made;
    (3) Must describe the decision or action being appealed;

[[Page 102]]

    (4) Must state the reasons why the action or decision should be set 
aside or modified; and
    (5) May contain any supporting documents and evidence that the 
appellant wishes to have considered.
    (d) Pending determination of any appeal, the action or decision 
appealed remains in effect, unless suspended by the District Commander 
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 any 
interested party from seeking judicial review as authorized by law.
    (b) Judicial review of the regulations in this subchapter, or any 
final ruling or order of the Commandant or that person's delegate 
pursuant to the Act or the regulations in this subchapter, is governed 
by 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 this 
subchapter by the Commandant, a District Commander, or an Officer in 
Charge, Marine Inspection, after notice of the failure and after 
expiration of any reasonable period allowed for corrective action, shall 
be liable for a civil penalty for each day of the continuance of the 
failure.
    (b) Any person who knowingly and willfully:
    (1) Violates any provision of the Act;
    (2) Violates any regulation in this subchapter designed to protect 
health, safety, or the environment;
    (3) Violates any order of the Commandant, District Commander, or 
Officer in Charge, Marine Inspection, issued under the Act or the 
regulations in this subchapter that is designed to protect health, 
safety, or the environment;
    (4) Makes any false statement, representation, or certification in 
any application, record, report, or other document filed or required to 
be maintained under the Act or the regulations in this subchapter;
    (5) Falsifies, tampers with, or renders inaccurate any monitoring 
device or method of record required to be maintained under this Act or 
the regulations in this subchapter; or
    (6) Reveals any data or information required to be kept confidential 
by the Act shall, upon conviction, be punished by a fine of not more 
than $100,000, or by imprisonment for not more than ten years, or both. 
Each day that a violation under paragraph (b)(1), (b)(2), or (b)(3) of 
this section continues, or each day that any monitoring device or data 
recorder remains inoperative or inaccurate because of any activity 
described in paragraph (b)(5) of this section, constitutes a separate 
violation.
    (c) Whenever a corporation or other entity is subject to prosecution 
under paragraph (b) of this section, any officer or agent of the 
corporation or entity who knowingly and willfully authorized, ordered, 
or carried out the prescribed activity shall be subject to the same 
fines or imprisonment, or both, as provided for under paragraph (b) of 
this section.
    (d) The penalties prescribed in this section are concurrent and 
cumulative and the exercise of one does not preclude the exercise of the 
others. Further, the penalties prescribed in this section are in 
addition to any other penalties afforded by any other law or regulation.

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



Sec. 140.40  Processing penalty cases.

    Apparent violations of the regulations in this subchapter are 
processed in accordance with subpart 1.07 of 33 CFR part 1 on civil and 
criminal penalty proceedings, except as follows:
    (a) The District Commander refers civil penalty cases to the 
Secretary of the Interior, or that person's delegate, who, under the 
Act, assesses, collects, and compromises civil penalties.
    (b) If a possible violation investigated by the Coast Guard carries 
both a civil and a criminal penalty, the

[[Page 103]]

District Commander determines whether to refer the case to the U.S. 
Attorney for criminal prosecution or to the Secretary of the Interior, 
or that person's delegate, for civil penalty proceedings.
    (c) When the U.S. Attorney declines to institute criminal 
proceedings, the District Commander decides whether to refer the case to 
the Secretary of the Interior, or that person's delegate, for civil 
penalty proceedings or to close the case.



                          Subpart B_Inspections



Sec. 140.101  Inspection by Coast Guard marine inspectors or Minerals 

Management Service inspectors.

    (a) Each unit engaged in OCS activities is subject to inspection by 
the Coast Guard.
    (b) On behalf of the Coast Guard, each fixed OCS facility engaged in 
OCS activities is subject to inspection by the Minerals Management 
Service (MMS).
    (c) Under the direction of the Officer in Charge, Marine Inspection, 
Coast Guard marine inspectors may inspect units engaged in OCS 
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 at any time 
deemed necessary by the Officer in Charge, Marine Inspection, or MMS.
    (d) As part of an inspection, a Coast Guard marine inspector or an 
MMS inspector may review records and require and observe the conduct of 
emergency drills and other tests and procedures as may be necessary to 
demonstrate to that person's satisfaction that the unit and its 
equipment are in full compliance with applicable Coast Guard 
regulations. The Coast Guard marine inspector or the MMS inspector 
consults with the person in charge of the unit before requiring a drill 
or other test or procedure to be conducted to minimize disruption of 
unit activities and risk to life or property.
    (e) Coast Guard inspections of foreign units recognize valid 
international certificates accepted by the United States, including 
Safety of Life at Sea (SOLAS), Loadline, and Mobile Offshore Drilling 
Unit (MODU) Code certificates for matters covered by the certificates, 
unless there are clear grounds for believing that the condition of the 
unit or its equipment does not correspond substantially with the 
particulars of the certificate.
    (f) Coast Guard marine inspectors conduct an initial inspection of 
each fixed OCS facility to determine whether the facility is in 
compliance with the requirements of this subchapter.

[CGD 78-160, 47 FR 9376, Mar. 4, 1982, as amended by CGD 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 ensure 
that the facility is inspected, at intervals not to exceed 12 months, to 
determine whether the facility is in compliance with the requirements of 
this subchapter.
    (b) Except for initial inspections under Sec. 140.101(f), 
inspections by Coast Guard marine inspectors and Minerals Management 
Service (MMS) inspectors do not meet the requirements for an inspection 
under paragraph (a) of this section.
    (c) Except for initial inspections under Sec. 140.101(f), the 
results of the inspection under paragraph (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 2 years after the inspection under paragraph (a) of this section is 
conducted and the form made available to the Coast Guard and MMS on 
request. For manned fixed OCS facilities, the copy of the completed form 
must be kept on the facility. For unmanned fixed OCS facilities, the 
copy of the completed form must be kept either at the nearest manned 
fixed OCS facility or, if there is no manned fixed OCS facility in the 
area, at the nearest field office of the owner or operator. In addition, 
the owner or operator must submit, to the appropriate MMS District 
office, a copy of each completed form CG-5432 that indicates outstanding 
deficiencies or hazards, within

[[Page 104]]

30 days after completion of the inspection.

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



Sec. 140.105  Correction of deficiencies and hazards.

    (a) Lifesaving and fire fighting equipment which is found defective 
during an inspection by a Coast Guard marine inspector or a Minerals 
Management Service (MMS) inspector and which, in the opinion of the 
inspector, cannot be satisfactorily repaired must be so mutilated in the 
presence of the inspector that it cannot be used for the purpose for 
which it was originally intended. Lifesaving and fire fighting equipment 
subsequently determined to be unrepairable must be similarly mutilated 
in the presence of the person making that determination.
    (b) Any deficiency or hazard discovered during an inspection by a 
Coast Guard marine inspector or an MMS inspector is reported to the 
unit's owner or operator, who shall have the deficiency or hazard 
corrected or eliminated as soon as practicable and within the period of 
time specified by the inspector.
    (c) Deficiencies and hazards discovered during an inspection of a 
fixed OCS facility under Sec. 140.103(a) must be corrected or 
eliminated, if practicable, before the form CG-5432 is completed. 
Deficiencies and hazards that are not corrected or eliminated by the 
time the form is completed must be indicated on the form as 
``outstanding'' and the form submitted to the appropriate MMS District 
office. Upon receipt of a form CG-5432 indicating outstanding 
deficiencies or hazards, MMS informs, by letter, the owner or operator 
of the fixed OCS facility of the deficiencies or hazards and the time 
period specified to correct or eliminate the deficiencies or hazards.
    (d) For lifesaving and fire fighting equipment deficiencies on fixed 
OCS facilities that cannot be corrected before the submission of form 
CG-5432, the owner or operator must contact the appropriate MMS District 
Supervisor to request a time period for repair of the item. The owner or 
operator must include a description of the deficiency and the time 
period approved by MMS for correction of the deficiency in the comment 
section of form CG-5432.
    (e) Where a deficiency or hazard remains uncorrected or uneliminated 
after the expiration of the time specified for correction or 
elimination, the Officer in Charge, Marine Inspection or MMS (for 
deficiencies or hazards discovered by MMS during an inspection of a 
fixed OCS facility), initiates appropriate enforcement measures.

[CGD84-098a, 53 FR 18981, May 26, 1988, as amended by USCG-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 occurring as 
a result of OCS activities:
    (a) Death.
    (b) Injury resulting in substantial impairment of any bodily unit or 
function.
    (c) Fire which causes death, serious injury or property damage 
exceeding $25,000.
    (d) Oil spillage exceeding two hundred barrels of oil in one 
occurrence during a thirty-day period.
    (e) Other injuries, casualties, accidents, complaints of unsafe 
working conditions, fires, pollution, and incidents occurring as a 
result of OCS activities as the Officer in Charge, Marine Inspection, 
deems necessary to promote the safety of life or property or protect the 
marine environment.



Sec. 140.203  Investigation procedures.

    (a) Insofar as practicable, investigations conducted pursuant to 
this subchapter shall follow the procedures of 46 CFR part 4.
    (b) Representatives of the U.S. Geological Survey may participate in 
these investigations. This participation may include, but is not limited 
to:
    (1) Participating in a joint on-scene investigation;
    (2) Making recommendations concerning the scope of the 
investigation;
    (3) Calling and examing witnesses; and

[[Page 105]]

    (4) Submitting or requesting additional evidence.
    (c) Reports of investigations conducted under this subchapter shall 
be made available to parties to the investigation and the public upon 
completion of agency action.



Sec. 140.205  Subpoenas.

    (a) In any investigation conducted pursuant to this subchapter, the 
investigating officer shall have the power to administer necessary 
oaths, 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 process similar 
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; 46 U.S.C. 70105; 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 the 
employment of personnel on units engaged in OCS activities.



Sec. 141.5  Applicability.

    (a) This subpart applies to employment of personnel on units engaged 
in OCS activities, except as provided in paragraph (b) of this section.
    (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, crew, and officers holding a valid license or MMC with 
officer endorsement when the vessel is transiting to or from an OCS 
facility or a United States port;
    (2) Vessel subject to the citizenship requirements of 46 U.S.C. 7102 
and 8103 for officers and crew on federally subsidized or documented 
vessels; or
    (3) Unit over 50 percent of which is owned by one or more citizens 
of a foreign nation or with respect to which one or more citizens of a 
foreign nation have the right effectively to control, except to the 
extent and to the degree that the President determines that the 
government of such foreign nation or any of its political subdivisions 
has implemented, by statute, regulation, policy, or practice, a national 
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 own 
initiative, determine whether over 50 percent of a particular unit is 
owned by citizens of a foreign nation or whether citizens of a foreign 
nation have the right effectively to control the unit.
    (d) In determining whether ownership or a right effectively to 
control exists, the Commandant may consider operational control of a 
unit, management responsibility, title, lease and charter arrangements, 
and financial interests.
    (e) The owner or operator of any unit affected is notified of the 
Commandant's determination.

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

[CGD 78-160, 47 FR 9379, Mar. 4, 1982, as amended by CGD 97-023, 62 FR 
33363, June 19, 1997; USCG-2006-24371, 74 FR 11212, Mar. 16, 2009]



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;

[[Page 106]]

    (2) In the case of a partnership, unincorporated company, or 
association, one in which 50% or more of the controlling interest is 
vested in citizens of the United States; or
    (3) In the case of a corporation, one which is incorporated under 
the 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 the 
United States;
    (2) In the case of a partnership, unincorporated company, or 
association, one in which more than 50% of the controlling interest is 
vested in citizens of a nation other than the United States; or
    (3) In the case of a corporation, one which is incorporated under 
the laws of a nation other than the United States so long as (i) the 
title to a majority of the stock thereof is free from any trust or 
fiduciary obligation in favor of any citizen of the United States; (ii) 
the majority of the voting power in the corporation is not vested in any 
citizen of the United States; (iii) through any contract or 
understanding, the majority of the voting power may not be exercised 
directly or indirectly on behalf of any citizen of the United States; or 
(iv) by no other means, control of the corporation is conferred upon or 
permitted to be exercised by any citizen of the United States.
    Resident alien means an alien lawfully admitted to the United States 
for permanent residence in accordance with section 101(a)(20) of the 
Immigration and Nationality Act of 1952, as amended, 8 U.S.C. 
1101(a)(20).
    Transportation Worker Identification Credential or TWIC means an 
identification credential issued by the Transportation Security 
Administration according to 49 CFR part 1572.

[CGD 78-160, 47 FR 9379, Mar. 4, 1982, as amended by USCG-2006-24371, 74 
FR 11212, Mar. 16, 2009]



Sec. 141.15  Restrictions on employment.

    (a) Each employer of personnel on any unit engaged in OCS activities 
that is subject to this part must employ, as members of the regular 
complement of the unit, only citizens of the United States or resident 
aliens except as provided by Sec. 141.20.
    (b) As used in paragraph (a) of this section, ``regular complement 
of a unit'' means those personnel necessary for the routine 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 on the unit, such as cooks, stewards 
and radio operators. The term does not include specialists, 
professionals, or other technically trained personnel called in to 
handle emergencies or other temporary operations; extra personnel on a 
unit for training; and other personnel temporarily on a unit for 
specialized operations, such as construction, alteration, well logging, 
or unusual repairs or emergencies.
    (c) The Officer in Charge, Marine Inspection, may determine whether 
a particular individual or position is part of the regular complement of 
a unit. A copy of the determination is provided to the owner or operator 
of the unit affected.

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

[CGD 78-160, 47 FR 9379, Mar. 4, 1982, as amended by USCG-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 on 
employment in Sec. 141.15 in order to employ persons other than 
citizens of the United States or resident aliens as part of the regular 
complement of the unit under the following circumstances:
    (1) When specific contractual provisions or national registry 
manning requirements in effect on September 18, 1978 provide that a 
person other than a citizen of the United States or a resident alien is 
to be employed on a particular unit.
    (2) When there is not a sufficient number of citizens of the United 
States or resident aliens qualified and available for the work.
    (3) When the President determines with respect to a particular unit 
that the employment of only citizens of the

[[Page 107]]

United States or resident aliens is not consistent with the national 
interest.
    (b) The request must be in writing, identify the provision of 
paragraph (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 a 
copy of the contract;
    (2) If involving persons without an H-2 Visa under paragraph (a)(2) 
of this section, list the persons or positions sought to be exempted; or
    (3) If under paragraph (a)(3) of this section, identify the unit 
involved and contain any information in support of the claim.
    (c) Requests must be submitted to the Commandant (CG-543), 2100 2nd 
St. SW., Stop 7581, Washington, DC 20593-7581.
    (d) Upon receipt of a request under paragraph (a)(2) of this 
section, the Coast Guard seeks information from the Department of Labor 
concerning whether there are citizens of the United States or resident 
aliens qualified and available for work. If information is provided that 
citizens of the United States or resident aliens are qualified and 
available, the employer may be required to seek their employment before 
the request is approved.
    (e) Upon receipt of a request under paragraph (a)(3) of this section 
and after consulting with other Federal agencies as appropriate, the 
Commandant forwards the request and the comments of the Coast Guard and 
other interested agencies to the President for determination.
    (f) Upon approval by the President for request under paragraph 
(a)(3) of this section or by the Coast Guard for all other requests, the 
Coast Guard issues a certification of the exemption. A certification 
issued under paragraph (a)(2) of this section is valid for one year from 
the date of issuance.
    (g) If, within 30 days of receipt by the Coast Guard of a request 
under paragraph (a)(2) of this section, the Coast Guard does not make a 
determination or advise the employer that additional time for 
consideration is necessary, the request is considered approved for a 
period of 90 days from the end of the 30 day period.
    (h) A request need not be submitted for persons who are not citizens 
of the United States or resident aliens and who:
    (1) Are employed under the national registry manning requirements 
exception in paragraph (a)(1) of this section; or
    (2) Have been classified and admitted to the United States as 
temporary workers under 8 U.S.C. 1101(a)(15)(H)(ii) for work in a 
position for which admitted.

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

[CGD 78-160, 47 FR 9379, Mar. 4, 1982, as amended by CGD 96-026, 61 FR 
33665, June 28, 1996; USCG-2010-0351, 75 FR 36283, June 25, 2010]



Sec. 141.25  Evidence of citizenship.

    (a) For the purposes of this part, the employer may accept as 
sufficient evidence that a person is a citizen of the United States any 
one of the following documents and no others:
    (1) A valid merchant mariner's document issued by the Coast Guard 
which shows the holder to be citizen of the United States.
    (2) An original or certified copy of a birth certificate or birth 
registration issued by a state or the District of Columbia.
    (3) A United States passport.
    (4) A Certificate of Citizenship issued by the Immigration and 
Naturalization Service.
    (5) A Certificate of Naturalization issued by a Naturalization 
Court.
    (6) A letter from the Coast Guard issued under paragraph (d) of this 
section.
    (b) If a person does not have one of the documents listed in 
paragraphs (a)(1) through (a)(6) of this section, that person may appear 
in person before an Officer in Charge, Marine Inspection, and submit one 
or more of the following documents which may be considered as evidence 
that the applicant is a citizen of the United States:
    (1) A Certificate of Derivative Citizenship or a Certificate of 
Naturalization of either parent and a birth certificate of the applicant 
or other evidence satisfactorily establishing that the applicant was 
under 21 years of age

[[Page 108]]

at the time of the parent's naturalization.
    (2) An original or certified copy of a birth certificate from a 
political jurisdiction outside the United States which demonstrates 
citizenship status.
    (3) A Baptismal certificate or parish record recorded within one 
year after birth.
    (4) A statement of a practicing physician certifying that the 
physician attended the birth and has a record showing the date on which 
the birth occurred.
    (5) A commission, or evidence of commission, in the Armed Forces of 
the United States which shows the holder to be a citizen of the United 
States.
    (6) A continuous discharge book or certificate of identification 
issued by the Coast Guard or the former Bureau of Marine Inspection, 
provided the document shows that the applicant produced satisfactory 
evidence of citizenship at the time the document was issued.
    (7) A delayed certificate of birth issued under a state seal, 
provided there are no collateral facts indicating fraud in its 
procurement.
    (8) A report of the Census Bureau showing the earliest available 
record of the applicant's age or birth.
    (9) Affidavits of parents, relatives, or two or more responsible 
citizens of the United States, school records; immigration records; 
insurance policies; or other records which support the citizenship 
claim.
    (c) In any case where doubt exists concerning evidence of 
citizenship submitted under paragraph (b) of this section, the Officer 
in Charge, Marine Inspection, may refer the matter to the United States 
Immigration and Naturalization Service for an advisory opinion.
    (d) If the documents submitted under paragraph (b) of this section 
are determined by the Officer in Charge, Marine Inspection, to be 
sufficient evidence that the applicant is a citizen of the United 
States, the Coast Guard issues the applicant a letter acknowledging this 
determination.

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

[CGD 78-160, 47 FR 9379, Mar. 4, 1982, as amended by USCG-2006-24371, 74 
FR 11212, Mar. 16, 2009]



Sec. 141.30  Evidence of status as a resident alien.

    For the purposes of this part, the employer may accept as sufficient 
evidence that a person is a resident alien any one of the following 
documents and no others:
    (a) A valid merchant mariner's document issued by the Coast Guard.
    (b) An alien registration receipt card issued by the Immigration and 
Customs Enforcement Agency certifying that the card holder has been 
admitted to the United States as an immigrant.
    (c) A declaration of intention to become a citizen of the United 
States issued by the a Naturalization Court.
    (d) A valid Transportation Worker Identification Credential.

[CGD 78-160, 47 FR 9379, Mar. 4, 1982, as amended by USCG-2006-24371, 74 
FR 11212, Mar. 16, 2009]



Sec. 141.35  Records to be kept by the employer.

    (a) The employer of personnel subject to this subpart shall 
maintain, and make available to the Coast Guard upon request, a record 
identifying which of the documents listed in Sec. Sec. 141.25 and 
141.30 were relied upon for each employee. The record must consist of 
either a copy of the document or the following information on the 
document:
    (1) For a merchant mariner's document, Transportation Worker 
Identification Credential, or a United States passport, the document's 
title and identification number.
    (2) For a birth certificate or birth registration, the document's 
title and the employee's date and place of birth.
    (3) For all other documents listed in Sec. Sec. 141.25 and 141.30, 
the document's title and date and place of issuance.
    (b) The employer of personnel subject to this subpart shall maintain 
a written list of the positions that make up the regular complement of 
the unit and

[[Page 109]]

the name and nationality of the individual filling each employee 
position. This list may be in summary form and any simple format.

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

[CGD 78-160, 47 FR 9379, Mar. 4, 1982, as amended by USCG-2006-24371, 74 
FR 11212, Mar. 16, 2009]



PART 142_WORKPLACE SAFETY AND HEALTH--Table of Contents



                            Subpart A_General

Sec.
142.1 Purpose.
142.4 Duties of lessees, permittees, and persons responsible for 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 CFR 1.46(z).

    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 by 
establishing requirements relating to personnel, workplace activities 
and conditions, and equipment on the Outer Continental Shelf (OCS).



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

operations.

    (a) Each holder of a lease or permit under the Act shall ensure that 
all places of employment within the lease area or within the area 
covered by the permit on the OCS are maintained in compliance with 
workplace 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 those 
operations subject to their control are conducted in compliance with 
workplace 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 as 
causing or likely to cause death or serious physical harm to persons 
exposed 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 regulation in 
this subchapter or any other hazardous or unsafe working condition on 
any unit engaged in OCS activities to an Officer in Charge, Marine 
Inspection.
    (b) After reviewing the report and conducting any necessary 
investigation, the Officer in Charge, Marine Inspection, notifies the 
owner or operator of any deficiency or hazard and initiates enforcement 
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 the 
reporting person, to anyone other than those officers and employees of 
the Department of Transportation who have a need for the record in the 
performance of their official duties.



                 Subpart B_Personal Protective Equipment



Sec. 142.21  Purpose and applicability.

    This subpart prescribes requirements concerning personal protection 
on OCS facilities.



Sec. 142.24  Use of equipment.

    (a) Each holder of a lease or permit issued under the Act shall 
ensure that

[[Page 110]]

all personnel who are required by this subpart to use or wear personal 
protective equipment do so when within the lease area or the area 
covered by the permit.
    (b) Persons responsible for actual operations shall ensure that all 
personnel engaged in the operation properly use or wear the personal 
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 acetylene burning or cutting 
shall wear the eye and face protector specified for the 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 the information 
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 objects or 
of contact with electrical conductors shall wear a head protector 
meeting the specifications of ANSI Z89.1, for the hazard involved.
    (b) Each head protector must be marked with the information 
specified by ANSI Z89.1 for that type of protector and for the hazard 
involved.



Sec. 142.33  Foot protection.

    (a) Personnel working in areas or engaged in activities where there 
is a reasonable probability for foot injury to occur shall wear footwear 
meeting the specifications of ANSI Z41, except when environmental 
conditions exist that present a hazard greater than that against which 
the footwear is designed to protect.
    (b) Each pair of footwear must be marked with the information 
specified by ANSI Z41 for the type of footwear.

[CGD 79-077, 51 FR 25059, July 10, 1986, as amended at 51 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 clothing 
and 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 the type of 
respiratory protection equipment specified in ANSI Z88.2 for that 
atmosphere.
    (b) Before personnel enter an atmosphere specified under ANSI Z88.2 
requiring the use of respiratory protection equipment, the persons 
listed in Sec. 142.4 shall ensure that the personnel entering the 
atmosphere--
    (1) Follow the procedures stated in section 6 of ANSI Z88.2 
concerning the proper selection of a respirator and individual fit 
testing; and
    (2) Are trained in the matters set forth in section 7 of ANSI Z88.2 
concerning proper use of the equipment to be used and in the generally 
recognized short and long term harmful effects of exposure to 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 at 51 FR 28381, Aug. 
7, 1986]



Sec. 142.42  Safety belts and lifelines.

    (a) Except when moving from one location to another, personnel 
engaged in an activity where there is a hazard of falling 10 or more 
feet shall wear a safety belt or harness secured by a lanyard to a 
lifeline, drop line, or fixed anchorage.
    (b) Each safety belt, harness, lanyard, lifeline, and drop line must 
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 a 
fall, they would likely fall into water, shall wear a work vest that 
meets the requirements of 33 CFR 146.20 or a life preserver that meets 
the requirements of 46 CFR 160.002, 160.005, or 160.055, except when 
using the safety belts and lifelines required by Sec. 142.42.

[[Page 111]]



Sec. 142.48  Eyewash equipment.

    Portable or fixed eyewash equipment providing emergency relief must 
be immediately available near the drill floor, mudrooms, and other areas 
where there is a reasonable probability that eye injury may 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 working 
conditions 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 of 
substances which create a tripping or slipping hazard. When engaged in 
an activity on the drill floor in which the spillage of drilling fluid 
is inevitable, such as when pulling wet strings of drill pipe, footwear 
and flooring designed to reduce slipping substantially may be used 
instead of keeping the drill floor free of drilling fluid during the 
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 otherwise made inaccessible when not in use. The manner of blockage 
shall prevent a person's foot or body from inadvertently passing through 
the opening.



Sec. 142.90  Lockout and tagout.

    (a) While repair or other work is being performed on equipment 
powered by an external source, that equipment must be locked out as 
required in paragraph (b) of this section or, if a lockout provision 
does not exist on the equipment, must be disconnected from the power 
source or otherwise deactivated, unless the nature of the work being 
performed necessitates that the power be connected or the equipment 
activated.
    (b) If the equipment has a lockout or other device designed to 
prevent unintentional activation of the equipment, the lockout or other 
device must be engaged while the work is being performed on the 
equipment, unless the nature of the work being performed necessitates 
that the equipment be activated.
    (c) A tag must be placed at the point where the equipment connects 
to a power source and at the location of the control panel activating 
the power, warning--
    (1) That equipment is being worked on; and
    (2) If the power source is disconnected or the equipment 
deactivated, that the power source must not be connected or the 
equipment activated.
    (d) The tags must not be removed without the permission of either 
the person who placed the tags, that person's immediate supervisor, or 
their 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 design requirements.
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.

[[Page 112]]

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

    Authority: 43 U.S.C. 1333(d)(1), 1348(c), 1356; 49 CFR 1.46; 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 units 
engaged in OCS activities.



Sec. 143.15  Lights and warning devices.

    (a) OCS facilities must meet the lights and warning devices 
requirements under part 67 of this chapter concerning aids to navigation 
on artificial islands and fixed structures.
    (b) Vessels, including attending vessels but excluding MODUs under 
paragraph (a) of this section, must meet the lights and warning devices 
requirements under the International Regulations for Preventing 
Collisions at Sea 1972 or under local rules provided for in Rule 1 of 
those Regulations.

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



                        Subpart B_OCS Facilities



Sec. 143.100  Applicability.

    This subpart applies to OCS facilities except mobile offshore 
drilling units.



Sec. 143.101  Means of escape.

    (a) ``Primary means of escape'' shall be fixed stairways or fixed 
ladders of metal construction.
    (b) ``Secondary means of escape'' shall be types approved for 
``primary means of escape'' or portable, flexible ladders, knotted man 
ropes, and other devices satisfactory to the Officer in Charge, Marine 
Inspection.
    (c) Manned OCS facilities shall be provided with at least two 
``primary means of escape'' extending from the uppermost platform level 
that contains living quarters or that personnel occupy continuously, to 
each successively lower working level and to the water surface. Working 
levels without living quarters, shops, or offices in manned facility 
structural appendages, extensions, and installations that personnel 
occupy only occasionally shall be provided with one ``primary means of 
escape'' and, when necessary 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 uppermost platform 
working level to each successively lower working level and to the water 
surface. When personnel are on board, unmanned facilities shall also be 
provided with one or more ``secondary means of escape,'' but not more 
than one will be required for every 10 persons extending from the 
uppermost working level of the facility to each successively lower 
working level and to the water surface, excluding facility appendages 
and installations, unless ``secondary means of escape'' from such 
appendages and installations are necessary in the opinion of the Officer 
in Charge, Marine Inspection.
    (e) ``Means of escape'' shall be suitably accessible to personnel 
for rapid facility evacuation.
    (f) When two or more ``means of escape'' are installed, at least two 
shall be located as nearly diagonally opposite each other as practicable 
unless such requirement is unreasonable or impracticable in the opinion 
of the Officer in Charge, Marine Inspection.



Sec. 143.105  Personnel landings.

    (a) Sufficient personnel landings shall be provided on each manned 
OCS facility to assure safe access and egress. When due to special 
construction personnel landings are not feasible, then suitable transfer 
facilities to provide safe access and egress shall be installed.
    (b) The personnel landings shall be provided with satisfactory 
illumination. The minimum shall be one-foot candle of artificial 
illumination 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 in 
paragraph (b) of this section, and areas not

[[Page 113]]

normally occupied, the unprotected perimeter of all floor or deck areas 
and openings shall be rimmed with guards and rails or wire mesh fence. 
The guard rail or fence shall be at least 42 inches high. The two 
intermediate rails shall be so placed that the rails are approximately 
evenly spaced between the guard rail and the floor or deck area: 
Provided, That if a toe board is installed then one of the intermediate 
rails may be omitted and the other rail placed approximately half way 
between the top of the toe board and the top guard rail.
    (b) The unprotected perimeter of the helicopter landing deck shall 
be protected with a device of sufficient strength and size as to prevent 
any person from falling from such deck.
    (c) Each catwalk and each stairway shall be provided with a suitable 
guard rail or rails, as necessary.



Sec. 143.120  Floating OCS facilities.

    (a) Before construction is started on a proposed floating OCS 
facility, the owner or operator of the facility must submit to the Coast 
Guard for approval all plans and information listed in subpart C of 46 
CFR part 107 which relate to the facility. All plans and information 
must be submitted according to the procedures in that subpart.
    (b) The facility must comply with the requirements of subchapters F 
(Marine Engineering) and J (Electrical Engineering) of 46 CFR chapter I 
and 46 CFR part 108 (Design and Equipment). Where unusual design or 
equipment needs make compliance impracticable, alternative proposals 
that provide an equivalent level of safety may be accepted. These 
requirements do not apply to production systems on the facility.
    (c) The Officer in Charge, Marine Inspection, determines whether a 
floating OCS facility meets the requirements of paragraph (b) of this 
section and issues a certificate of inspection for each facility which 
meets these requirements. Inspection of the facility may be required as 
part of this determination.



                Subpart C_Mobile Offshore Drilling Units



Sec. 143.200  Applicability.

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



Sec. 143.201  Existing MODUs exempted from new design requirements.

    Any mobile offshore drilling unit built before, under construction 
on, or contracted for prior to April 5, 1982 is not required to meet the 
design requirements of this subpart until the unit is rebuilt. Until 
rebuilt, the unit must continue to comply with the design requirements 
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 the laws 
of the United States or not documented under the laws of any nation must 
comply with the design, equipment, and inspection requirements of 46 CFR 
parts 107 and 108 in order to engage in OCS activities.



Sec. 143.207  Requirements for foreign MODUs.

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

[[Page 114]]



Sec. 143.210  Letter of compliance.

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

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



                            Subpart D_Vessels



Sec. 143.300  Applicability.

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



Sec. 143.301  Load line requirements.

    (a) Vessels, including foreign vessels, which would be subject to 
the requirements of subchapter E of 46 CFR chapter I concerning load 
lines when arriving at or proceeding to sea from any port or place 
within the United States must comply with those requirements when 
engaged in activities on the OCS.
    (b) Load line certificates and load line exemption certificates 
issued or accepted under subchapter E of 46 CFR chapter I are accepted 
as evidence of compliance with paragraph (a) of this section.



                        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 the 
requirements of this subpart and specifically designated in an Emergency 
Evacuation Plan (EEP) required by Sec. Sec. 146.140 or 146.210 of this 
chapter to provide rapid 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 compliance with 
Subchapters H, I, or T of 46 CFR Chapter I.
    (b) Be capable of carrying and providing shelter for 100 per cent of 
the number of persons on the most populated facility that the standby 
vessel is designated to assist. Crew spaces may be used to meet the 
requirements of this section.
    (c) Provide bunks or aircraft type reclining seats for 10 per cent 
of the number of persons on the most populated facility that the standby 
vessel is designated to assist. Crew spaces may be used to meet the 
requirements of this section.
    (d) Not carry or store goods, supplies, and equipment on the deck of 
the standby vessel or in other locations that may hinder the vessel's 
ability to render assistance to the facility that the vessel is 
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 Chapter I, 
a line throwing appliance that meets the requirements in 46 CFR 75.45.
    (4) For vessels certificated under subchapters I or T of 46 CFR 
chapter I, a line throwing appliance that meets the requirements of 46 
CFR 94.45.
    (5) A Stokes or comparable litter.
    (6) One blanket for each person on the most populated facility that 
the standby vessel is designated to assist.
    (7) Means for safely retrieving persons, including injured or 
helpless persons, from the water. The means of retrieval must be 
demonstrated to the

[[Page 115]]

satisfaction of the Officer in Charge, Marine Inspection.
    (8) A scramble net that can be rigged on either side of the standby 
vessel.
    (9) A minimum of four Coast Guard approved ring life buoys, each 
equipped with 15 fathoms of line.
    (10) An immersion suit approved by the Coast Guard under 46 CFR 
160.171, or a buoyant suit meeting Supplement A of ANSI/UL-1123-1987 and 
approved under 46 CFR 160.053, for each member of the standby vessel's 
crew when the standby vessel operates north of 32 degrees north latitude 
in the Atlantic Ocean or north 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, 500 
gallons per minute.
    (13) One two-way radio capable of voice communications with the OCS 
facility, helicopters or other rescue aircraft, rescue boats, and shore 
side support personnel.
    (14) Floodlights to illuminate the personnel and boat retrieval 
area, the scramble net when deployed, and the water around the personnel 
retrieval and scramble net deployment areas.
    (15) A copy of ``The Ship's Medicine Chest and Medical Aid at Sea'', 
DHHS Publication No. (PHS) 84-2024, available from the Superintendent of 
Documents, U.S. Government Printing Office, Washington, DC 20402.
    (16) An industrial first aid kit sized for 50 percent of the number 
of persons on the most populated facility that the standby vessel is 
designated to assist.
    (17) Coast Guard approved life preservers for 50 percent of the 
number of persons on the most populated facility that the standby vessel 
is designated to assist.
    (b) Equipment required by paragraph (a) of this section must be to 
the satisfaction of the Officer in Charge, Marine Inspection.



Sec. 143.407  Manning.

    Standby vessels must be crewed in accordance with their certificate 
of inspection for 24 hour operation. The Officer in Charge, Marine 
Inspection, may require the crew to be augmented, as necessary, to 
provide for maneuvering the standby vessel, for lookouts, for rigging 
and operating retrieval equipment, and for caring 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 Undocumented MODU'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 CFR 1.46.



                     Subpart 144.01_Manned Platforms



Sec. 144.01-1  Life floats.

    Each manned platform shall be provided with at least two approved 
life floats. The life floats shall have sufficient capacity to 
accommodate 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 and 
mounted on the outboard sides of the working platform in such a manner 
as to be readily launched.

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

[[Page 116]]



Sec. 144.01-10  Equipment for life floats.

    (a) Each lifefloat shall be provided with a painter. This painter 
shall be a manila rope not less than 2\3/4\ inches in circumference and 
of a length not less than three times the distance from the deck where 
the lifefloat is stowed to the low water line. Alternatively, the 
painter may be of other material provided it has equal strength to the 
size of manila rope specified and is not less than \1/2\ inch in 
diameter.
    (b) Each life float must have a water light of an approved automatic 
electric type constructed in accordance with 46 CFR Subpart 161.010, 
except a water light constructed in accordance with former 46 CFR 
Subpart 161.001 that was installed before January 1, 1972, may be 
retained in an existing installation as long as it is maintained in good 
condition. The water light must be attached to the life float by a 12-
thread manila or equivalent synthetic lanyard not less than 2 meters (6 
feet) nor more than 4 meters (12 feet) in length. The water light must 
be mounted on a bracket so that when the life float is launched, the 
water light will pull free of the bracket.
    (c) Two paddles shall be provided for each life float. The paddles 
shall not be less than five feet nor more than six feet long. The 
paddles shall be stowed in such a way that they will be readily 
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 citations affecting Sec. 
144.01-10, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 144.01-15  Alternates for life floats.

    (a) Approved lifeboats, approved life rafts or approved inflatable 
life rafts may be used in lieu of approved life floats for either all or 
part of the capacity required. When either lifeboats or life rafts are 
used approved means of launching will be required. Inflatable life 
rafts, when used, shall be distributed and mounted as required for life 
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 lifeboats carried on 
vessels engaged in navigating bays, sounds, and lakes other than the 
Great Lakes, and rivers.
    (c) The equipment required for a life raft is a boat hook, life line 
(if not a Type A life raft), full complement of oars and steering oar, 
painter, and rowlocks of the same type, kind, and character as required 
for life rafts carried on cargo and miscellaneous vessels navigating on 
bays, sounds, and lakes other than the Great Lakes.
    (d) Inflatable liferafts shall be approved by the Coast Guard under 
approval series 160.151. An approved ``Limited Service'' or ``Ocean 
Service'' liferaft installed on board a platform before May 9, 1997, may 
continue to be used to meet the requirements of this section provided it 
is maintained in good and serviceable condition.

[CGFR 56-4, 21 FR 903, Feb. 9, 1956, as amended by CGFR 60-35 25 FR 
10132, Oct. 25, 1960; CGD 85-205, 62 FR 35392, July 1, 1997]



Sec. 144.01-20  Life preservers.

    (a) An approved life preserver shall be provided for each person on 
a manned platform. The life preservers shall be located in easily 
accessible places.
    (b) All kapok and fibrous glass life preservers which do not have 
plastic-covered pad inserts shall be removed from service.
    (c) Each life preserver carried on a manned platform must have a 
personal flotation device light that is approved under Subpart 161.012 
of 46 CFR part 161. Each light must be securely attached to the front 
shoulder area of the life preserver.
    (d) Each life preserver carried on a manned platform must have at 
least 200 sq. cm (31 sq. in.) of retroreflective material attached on 
its front side, at least 200 sq. cm on its back side, and at leat 200 
sq. cm of material on each of its reversible sides. The material must be 
Type I material that is approved under 46 CFR 164.018. The material 
attached on each side of a life preserver must be divided equally 
between the upper quadrants of the side, and the

[[Page 117]]

material in each quadrant must be attached as closely as possible to the 
shoulder area of the life preserver.

[CGFR 60-35, 25 FR 10132, Oct. 25, 1960, as amended by CGD 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 ring life 
buoys constructed in accordance with 46 CFR Subpart 160.050; except ring 
life buoys approved under former 46 CFR Subpart 160.009 may be used as 
long as they are in good and serviceable condition. One ring life buoy 
must be placed on a suitable rack on each side of a manned platform in 
an accessible place. The ring life buoy must always be capable of being 
cast loose and may not be permanently secured in any way.
    (b) Each ring life buoy must have a water light of an approved 
automatic electric type constructed in accordance with 46 CFR Subpart 
161.010. A water light constructed in accordance with former 46 CFR 
Subpart 161.001 that was installed before January 1, 1972 may be 
retained in an existing installation as long as it is maintained in good 
condition. The water light must be attached to the ring life buoy by a 
12-thread manila or equivalent synthetic lanyard not less than 1 meter 
(3 feet) nor more than 2 meters (6 feet) in length. The water light must 
be mounted on a bracket near the ring life buoy so that when the ring 
life buoy is cast loose, the water light will pull free of the bracket.

[CGFR 56-4, 21 FR 903, Feb. 9, 1956, as amended by CGD 79-165b, 45 FR 
65208, Oct. 2, 1980; CGD 80-155b. 47 FR 10533, Mar. 11, 1982]



Sec. 144.01-30  First-aid kit.

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

[CGFR 56-4, 21 FR 903, Feb. 9, 1956, as amended by CGD 73-177R, 40 FR 
8176, Feb. 26, 1975]



Sec. 144.01-35  Litter.

    On each manned platform a Stokes litter, or other suitable safety 
litter capable of being safely hoisted with an injured person, shall be 
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 wire 
telephone shall be provided for contacting the shore or vessels in the 
vicinity 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 person 
may be on an unmanned platform unless the following lifesaving equipment 
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 Equivalent Performance Flotation Devices
------------------------------------------------------------------------
                                              Equivalent to performance
              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 two persons, 
but no more than four devices are required. Each ring life buoy must be 
of a type constructed in accordance with 46 CFR subpart 160.050; except 
a ring life buoy that was approved under former 46 CFR subpart 160.009 
may be used as long as it is in good and serviceable condition.
    (3) Each ring life buoy under paragraph (a)(2) of this section must 
have an approved automatic electric water light that is attached as 
described in Sec. 144.01-25(b).
    (b) The ring life buoys required in paragraph (a)(2) of this section 
may be kept on a manned vessel that remains alongside the platform if 
there is no

[[Page 118]]

available space to keep them on the platform.

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



Sec. 144.10-10  Other lifesaving equipment.

    Any lifesaving equipment on an unmanned platform that is not 
required in Sec. 144.10-1 must meet the standards contained in Subpart 
144.01 of this part.

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



      Subpart 144.20_Requirements for U.S. and Undocumented MODU's

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



Sec. 144.20-1  Applicability.

    This subpart applies to each MODU operating on the OCS that is not 
inspected 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 of 32 
degrees North latitude in the Atlantic Ocean or south of 35 degrees 
North latitude in all other waters.
    (a) Each MODU must carry an exposure suit for each person on board. 
The exposure suit must be stowed in a readily accessible location in or 
near the berthing area of the person for whom the exposure suit is 
provided.
    (b) In addition to the exposure suits required by paragraph (a) of 
this section, each watch station and work station must have enough 
exposure suits to equal the number of persons normally on watch in, or 
assigned to, the station at one time. However, an exposure suit need not 
be provided at a watch or work station for a person whose cabin, 
stateroom, or berthing area (and the exposure suits stowed in that 
location) is readily accessible to the station.
    (c) Each exposure suit on a MODU must be of a type approved under 46 
CFR 160.171.
    (d) Each exposure suit must have a personal flotation device light 
that is approved under 46 CFR 161.012. Each light must be securely 
attached to the front shoulder area of the exposure suit.
    (e) Each exposure suit on a MODU must be provided with a whistle of 
the ball type or multi-tone type, of corrosion resistant construction, 
and in good working order. The whistle must be attached to the exposure 
suit by a lanyard without hooks, snaps, clips, etc., that is long enough 
to permit the whistle to reach the mouth of the wearer. If the lanyard 
allows the whistle to hang below the waist of the wearer, the whistle 
must be stowed in a pocket on the exposure suit, or with the lanyard 
coiled and stopped off.
    (f) No stowage container for exposure suits may be capable of being 
locked.

[CGD 82-075b, 49 FR 4377, Feb. 6, 1984, as amended by CGD 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) as amended; 49 CFR 
1.46(z).



Sec. 144.30-1  Applicability.

    This subpart applies to each MODU engaged in OCS activities that is 
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 of Sec. 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 used in lieu of 
suits approved under 46 CFR 160.071, provided that they are accepted by 
the Commandant as providing equivalent thermal protection to the wearer. 
(Requests for acceptance of such suits should be sent to Commandant, 
U.S. Coast Guard, (CG-521), 2100 2nd St. SW., Stop 7126, Washington, DC 
20593-7126, along with technical data supporting the thermal performance 
of the suits.)
    (b) Personal flotation device lights approved by the nation under 
which the MODU is documented may be used

[[Page 119]]

in lieu of lights approved under 46 CFR 161.012.

[CGD 82-075b, 49 FR 4377, Feb. 6, 1984, as amended by CGD 88-052, 53 FR 
25121, July 1, 1988; CGD 96-026, 61 FR 33665, June 28, 1996; USCG-2010-
0351, 75 FR 36283, June 25, 2010]



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 crews 
are continuously working on a 24-hour basis, approved type portable fire 
extinguishers and/or approved type semi-portable fire extinguishers 
shall be installed and maintained. On all unmanned platforms where crews 
are not continuously working on a 24-hour basis, approved type portable 
fire extinguishers and/or approved type semi-portable fire extinguishers 
are required to be installed and maintained 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 classified by 
a combination letter and number symbol. The letter indicating the type 
of fire which the unit could be expected to extinguish, and the number 
indicating the relative size of the unit.
    (b) The types of fire will be designated as follows:
    (1) ``A'' for fires in ordinary combustible materials where the 
quenching and cooling effects of quantities of water, or solutions 
containing large percentages of water, are of first importance.
    (2) ``B'' for fires in flammable liquids, greases, etc., where a 
blanketing effect is essential.
    (3) ``C'' for fires in electrical equipment where the use 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 the largest. Sizes I and II are considered 
portable extinguishers. Sizes III, IV and V are considered semi-portable 
extinguishers which shall be fitted with suitable hose and nozzle or 
other practicable means so that all portions of the space concerned may 
be covered. Examples of size graduations for some of the typical 
portable and semi-portable extinguishers are set forth in Table 
145.05(c).

                            Table 145.05(c)--Portable and Semiportable Extinguishers
----------------------------------------------------------------------------------------------------------------
                              Classification                                Soda-
--------------------------------------------------------------------------   acid             Carbon      Dry
                                                                             and     Foam,   dioxide,  chemical,
                   Type                                  Size               water,  gallons   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 have 
permanently attached thereto a durable name plate giving the name of the 
item, the rated capacity in gallons or pounds, the name and address of 
the person or firm for whom approved, and the identifying mark of the 
actual manufacturer.

[CGFR 56-4, 21 FR 903, Feb. 9, 1956, as amended by CGFR 58-28, 23 FR 
6880, Sept. 6, 1958]



Sec. 145.10  Locations and number of fire extinguishers required.

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

[[Page 120]]



                            Table 145.10(a)--Portable and Semi-Portable Extinguishers
----------------------------------------------------------------------------------------------------------------
                  Space                           Classification                  Quantity and location
----------------------------------------------------------------------------------------------------------------
               safety areas
 
Communicating corridors..................  A-II........................  1 in each main corridor not more than
                                                                          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 accommodation space.
                                                                          (Where occupied by more than 4
                                                                          persons.)
 
             services spaces
 
Galleys..................................  B-II or C-II................  1 for each 2,500 square feet or
                                                                          fraction thereof for hazards involved.
Storerooms...............................  A-II........................  1 for each 2,500 square feet or
                                                                          fraction thereof located in vicinity
                                                                          of exits, either inside or outside of
                                                                          spaces.
 
             machinery spaces
 
Gas-fired boilers........................  B-II (CO2 or dry chemical)..  2 required.
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 each engine. \2\
 engines.
Electric motors or generators of open      C-II........................  1 for each 2 motors or generators. \3\
 type.
----------------------------------------------------------------------------------------------------------------
\1\ Not required where a fixed carbon dioxide system is installed.
\2\ When installation is on weather deck or open to atmosphere at all times 1 B-II for each three engines is
  allowable.
\3\ Small electrical appliances, such as fans, etc., shall not be counted or used as basis for determining
  number of extinguishers 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 CFR 1.46.

    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 except mobile 
offshore drilling units.



Sec. 146.5  Person in charge.

    (a) The owner or operator, or the agent of either of them, shall 
designate by title and in order of succession the persons on each OCS 
facility who shall be the ``person in charge.''
    (b) In case an emergency arises, nothing in the regulations in this 
subchapter shall be so construed as preventing the person in charge from 
pursuing the most effective action in that

[[Page 121]]

person's judgement 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 operation 
before April 5, 1982 shall, at least 30 days before the date on-site 
construction of the facility is expected to commence, notify the 
District Commander for the area in which the facility will be located 
of:
    (1) The position in which the facility will be operated;
    (2) The designation assigned to the facility for identification 
under 30 CFR 250.37;
    (3) The date when operation of the facility is expected to commence; 
and
    (4) The date when the facility is expected to be available for 
inspection by the Coast Guard.
    (b) The information required in paragraph (a) of this section may be 
submitted together with a need not repeat information submitted in 
connection with the application and notice requirements in 33 CFR part 
67 for aids to navigation on the Outer Continental Shelf.



Sec. 146.15  Maintenance of emergency equipment.

    (a) The emergency equipment provided, regardless of whether or not 
required by this subchapter, shall be maintained in good condition at 
all times. Good operating practices require replacement of expended 
equipment, as well as periodic renewal of those items which have a 
limited period of effectiveness.
    (b) Each personal flotation device light that has a non-replaceable 
power source must be replaced on or before the expiration date of the 
power source.
    (c) Each replaceable power source for a personal flotation device 
light must be replaced on or before its expiration date and the light 
must be replaced when it is no longer serviceable.



Sec. 146.20  Work vests.

    (a) Types of approved work vests. Each buoyant work vest carried 
under the permissive authority of this section must be approved 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 be items of 
safety apparel and may be carried aboard OCS facilities to be worn by 
persons employed thereon when working near or over the water. The use 
and control of such vests shall be under the supervision of the person 
in charge of the facility. When carried, such vests shall not be 
accepted in lieu of any portion of the required number of approved life 
preservers and shall not be substituted for the approved life preservers 
required to be worn during drills and emergencies.
    (c) Stowage. The work vests shall be stowed separately from the 
regular stowage of approved life preservers. The location for the 
stowage of work vests shall be such as not to be easily confused with 
that for approved life preservers.
    (d) Inspections. Each work vest shall be subject to examination by a 
marine inspector to determine its serviceability. If found to be 
satisfactory, it may be continued in service, but shall not be stamped 
by a marine inspector with a Coast Guard stamp. If a work vest is found 
not to be in a serviceable condition, then such work vest shall be 
removed from the OCS facility. If a work vest is beyond repair, it shall 
be destroyed or mutilated in the presence of a marine 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 in this section, be--
    (1) Used, stowed, and maintained in accordance with--
    (i) The procedures set out in the manual required for these devices 
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 of 
operation as each other hybrid PFD carried on board.

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

[[Page 122]]



Sec. 146.30  Notice of casualties.

    (a) The owner, operator, and person in charge of an OCS facility 
shall ensure that the Coast Guard is notified as soon as possible after 
a casualty occurs, and by the most rapid means available, of each 
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 that the 
Coast Guard is notified promptly of each casualty involving the facility 
which results in:
    (1) Damage affecting the usefulness of primary lifesaving or 
firefighting equipment;
    (2) Injury causing any person to be incapacitated for more than 72 
hours;
    (3) Damage to the facility exceeding $25,000 resulting from a 
collision 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 section 
must identify the person giving the notice and the facility involved and 
describe, insofar as practicable, the nature of the casualty and the 
extent of injury to personnel and damage to property.
    (d) Damage costs referred to in paragraphs (b)(3) and (b)(4) of this 
section include the cost of labor and material to restore the facility 
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 control number 
1625-0001)

[CGD 78-160, 47 FR 9383, Mar. 4, 1982, as amended by CGD 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 by Sec. 
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, and 
person in charge;
    (2) Describes the casualty, including the date and time;
    (3) Describes the nature and extent of injury to personnel and 
damage to property;
    (4) Describes the factors which may have contributed to causing the 
casualty;
    (5) Gives the name, address, and phone number of persons involved in 
or witnessing the casualty; and
    (6) Gives any desired comments, especially with respect to use of or 
need for emergency equipment.
    (7) Includes information relating to alcohol or drug involvement as 
specified in the vessel casualty reporting requirements of 46 CFR 4.05-
12.
    (b) The written report required by paragraph (a) of this section may 
be--
    (1) In narrative form if all appropriate parts of Form CG-2692 are 
addressed;
    (2) On Form CG-2692 for casualties resulting in property damage, 
personnel injury, or loss of life.
    (c) If filed or postmarked within 5 days of the casualty, the 
written report required by paragraph (a) of this section serves as the 
notice required by Sec. 146.30(b).

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

[CGD 78-160, 47 FR 9383, Mar. 4, 1982, as amended by CGD 82-023a, 47 FR 
35741, Aug. 16, 1982; CGD 82-023a, 48 FR 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 CFR 
197.484 and 197.486.



Sec. 146.45  Pollution incidents.

    Oil pollution incidents involving an OCS facility are reported in 
accordance with Sec. Sec. 135.305 and 135.307 of this chapter. 
Additional provisions concerning liability and compensation because of 
oil pollution are contained in Subchapter M of this chapter.



                     Subpart B_Manned OCS Facilities



Sec. 146.101  Applicability.

    The provisions of this subpart apply only to manned OCS facilities 
except mobile offshore drilling units.

[[Page 123]]



Sec. 146.105  General alarm system.

    Each manned facility must have a general alarm system. When 
operated, this system shall be audible in all parts of the structure on 
which provided.



Sec. 146.110  Emergency signals.

    (a) The owner, the owner's agent, or the person in charge shall 
establish emergency signals to be used for calling the personnel to 
their emergency stations.
    (b) The signal to man emergency stations shall be an intermittent 
signal on the general alarm system for not less than 10 seconds. The 
abandon facility signal shall be a continuous signal on the general 
alarm system.



Sec. 146.115  Duties of personnel during an emergency.

    (a) The owner, the owner's agent, or the person in charge shall 
assign to each person on a manned facility special duties and duty 
stations so that in event an emergency arises confusion will be 
minimized and no delay will occur with respect to the use or application 
of equipment required by this subchapter. The duties shall, as far as 
possible, be comparable with the regular work of the individual.
    (b) The duties shall be assigned as necessary for the proper 
handling of any emergency, and shall include the following:
    (1) The closing of air ports, watertight doors, scuppers, and 
sanitary 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, or life 
rafts.



Sec. 146.120  Manning of survival craft.

    The owner, the owner's agent, or the person in charge shall assign a 
person to each life float, lifeboat, life raft, or survival capsule who 
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 month by 
the person in charge of the manned facility. The drill shall be 
conducted as if an actual emergency existed. All personnel should report 
to their respective stations and be prepared to perform the duties 
assigned to them.
    (b) The person in charge and conducting the emergency drill shall 
instruct the personnel as necessary to insure that all persons are 
familiar with their duties and stations.
    (c) Emergency evacuation drills. The following emergency evacuation 
drills must be conducted:
    (1) At least once a year, all the elements of the Emergency 
Evacuation Plan (EEP) under Sec. 146.140 relating to the evacuation of 
personnel from the facility must be exercised through a drill or a 
series of drills. The drill(s) must exercise all of the means and 
procedures listed in the EEP for each circumstance and condition 
described in the EEP under Sec. 146.140(d)(9).
    (2) At least once a month, a drill must be conducted that 
demonstrates the ability of the facility's personnel to perform their 
duties and functions on the facility, as those duties and functions are 
described in the EEP. If a standby vessel is designated for that 
facility in the EEP, the vessel must be positioned as described in the 
EEP for an evacuation of that facility and the vessel's crew must 
demonstrate its ability to perform its duties and functions under the 
EEP.
    (d) The date and time of such drills shall be reported in writing by 
the person in charge at the time of the drill to the owner who shall 
maintain this report record for a year and furnish it upon request to 
the Coast Guard. After one year, such records may be destroyed. When it 
is impossible to conduct emergency drills as required by this section 
during a particular calendar month, during the following month, a 
written report by the owner shall be submitted to the Officer in Charge, 
Marine Inspection, stating why the drills could not be conducted.

(Approved by the Office of Management and Budget under control number 
1625-0018)

[CGD 78-160, 47 FR 9383, Mar. 4, 1982, as amended by CGD 84-098b, 54 FR 
21572, May 18, 1989; USCG-2006-25150, 71 FR 39209, July 12, 2006]

[[Page 124]]



Sec. 146.130  Station bill.

    (a) The person in charge of each manned platform shall be 
responsible for and have prepared a station bill (muster list). This 
station bill must be signed by the person in charge. Copies shall be 
duly posted in conspicuous locations on the manned platform.
    (b) The station bill shall set forth the special duties and duty 
stations of each member of the personnel for any emergency which 
involves the use or application of equipment required by this 
subchapter. In addition, it shall contain all other duties assigned and 
considered as necessary for the proper handling of other emergencies.
    (c) The station bill shall contain the various signals to be used 
for calling the personnel to their emergency stations, and to abandon 
the facility.

(Approved by the Office of Management and Budget under OMB control 
number 2115-0542)

[CGD 78-160, 47 FR 9383, Mar. 4, 1982, as amended by CGD 86-011, 51 FR 
5712, Feb. 18, 1986]



Sec. 146.135  Markings for emergency equipment.

    (a) Markings shall be provided as considered necessary for the 
guidance of persons on manned facilities.
    (b) The general alarm bell switches shall be identified by red 
letters at least one inch high with a contrasting background: ``General 
Alarm.''
    (c) All general alarm bells shall be identified by a sign at each 
bell in red letters at least one inch high with a sharp contrasting 
background: ``General Alarm--When Bell Rings Go to Your Station.
    (d) All life floats, lifeboats, life rafts, and survival capsules, 
together with paddles or oars, shall be conspicuously marked with a name 
or number of, or other inscription identifying, the facility on which 
placed. The number of persons allowed on each life float, lifeboat, or 
life raft shall be conspicuously marked thereon in letters and numbers 
1\1/2\ inches high. These numbers shall be placed on both sides of the 
life float, lifeboat, or life raft. Inflatable life rafts shall be 
marked in accordance with Subpart 160.051 of 46 CFR part 160 and no 
additional markings are required.
    (e) All life preservers and ring life buoys shall be marked with the 
name or number of, or other inscription identifying, the facility on 
which placed except those which accompany mobile crews to unmanned 
platforms may be marked with the operator's name and field designation.



Sec. 146.140  Emergency Evacuation Plan.

    (a) The operator of each manned OCS facility shall develop an 
Emergency Evacuation Plan (EEP) for the facility which addresses all of 
the items listed in paragraph (d) of this section. The EEP may apply to 
more than one facility, if the facilities are located in the same 
general geographic location and within the same Coast Guard Officer in 
Charge, Marine Inspection (OCMI) zone; if each facility covered by the 
EEP is specifically identified in the EEP; and if the evacuation needs 
of each facility are accommodated. The EEP must be submitted to the OCMI 
having jurisdiction over the facility, 30 days before placing the 
facility in operation. The OCMI reviews the EEP to determine whether all 
items listed in paragraph (d) of this section are addressed for each 
facility included in the EEP. If the OCMI determines that all items in 
paragraph (d) of this section are addressed, the OCMI stamps the EEP 
``APPROVED'' and returns it, together with a letter indicating Coast 
Guard approval, to the operator. If the OCMI determines that any item is 
not addressed, the OCMI stamps the EEP ``RETURNED FOR REVISION'' and 
returns the EEP, together with an explanation of the EEP's deficiencies, 
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 the letter 
indicating Coast Guard approval is maintained on the facility.
    (c) The EEP must be resubmitted for approval when substantive 
changes are made to the EEP. Only the pages affected by a change need be 
resubmitted if the EEP is bound in such a way as to allow old pages to 
be removed easily and new ones inserted. Substantive changes include, 
but are not limited to, installation of a new facility within the area 
covered by an EEP, relocation

[[Page 125]]

of a MODU, changes in the means or methods of evacuation, or changes in 
the time required to accomplish evacuation.
    (d) The EEP must, at a minimum,
    (1) Be written in language that is easily understood by the 
facility'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 person to 
be contacted under the EEP and state the circumstances in which that 
person should be contacted;
    (5) List the facility's communications equipment, its available 
frequencies, and the communications schedules with shore installations, 
standby vessels, rescue aircraft, and other OCS facilities specified in 
the EEP;
    (6) Identify the primary source of weather forecasting relied upon 
in implementing the EEP and state the frequency of reports when normal 
weather is forecasted, the frequency of reports when heavy weather is 
forecasted, and the method of transmitting the reports to the facility;
    (7) Designate the individual on each facility covered by the EEP who 
is assigned primary responsibility for implementing the EEP;
    (8) Designate those facility and shoreside support personnel who 
have the authority to advise the person in charge of the facility as to 
the best course of action to be taken and who initiate actions to assist 
facility personnel;
    (9) Describe the recognized circumstances, such as fires or 
blowouts, and environmental conditions, such as approaching hurricanes 
or ice floes, in which the facility or its personnel would be placed in 
jeopardy and a mass evacuation of the facility's personnel would be 
recommended;
    (10) For each of the circumstances and conditions described under 
paragraph (d)(9) of this section, list the pre-evacuation steps for 
securing operations, whether drilling or production, including the time 
estimates for completion and the personnel required;
    (11) For each of the circumstances and conditions described under 
paragraph (d)(9) of this section, describe the order in which personnel 
would be evacuated, the transportation resources to be used in the 
evacuation, the operational limitations for each mode of transportation 
specified, and the time and distance factors for initiating the 
evacuation; and
    (12) For each of the circumstances and conditions described under 
paragraph (d)(9) of this section, identify the means and procedures--
    (i) For retrieving persons from the water during an evacuation;
    (ii) For transferring persons from the facility to designated 
standby 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 to 
land, another facility, or other location where the evacuees would be 
reasonably out of danger under the circumstance or condition being 
addressed.
    (e) The operator shall ensure that--
    (1) All equipment specified in the EEP, whether the equipment is 
located on or off of the facility, is made available and located as 
indicated in the EEP and is designed and maintained so as to be capable 
of performing its intended function during an emergency evacuation;
    (2) All personnel specified in the EEP are available and located as 
specified in the EEP and are trained in fulfilling their role under the 
EEP; and
    (3) Drills are conducted in accordance with Sec. 146.125(c).
    (f) A complete copy of the EEP must be made available to the 
facility's operating personnel and a brief written summary of, or an 
oral briefing on, the EEP must be given to each person newly reporting 
on the facility.
    (g) A copy of the EEP must be on board each standby vessel, if any, 
designated in the EEP and provided to all shoreside support personnel, 
if any, specified in the EEP.

[CGD 84-098b, 54 FR 21572, May 18, 1989, as amended by USCG-1998-3799, 
63 FR 35530, June 30, 1998]

[[Page 126]]



                Subpart C_Mobile Offshore Drilling Units



Sec. 146.201  Applicability.

    This subpart applies to mobile offshore drilling units engaged in 
OCS 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 OCS 
activities shall, 14 days before arrival of the unit on the OCS or as 
soon thereafter as practicable, notify the District Commander for the 
area in which the unit will operate of:
    (1) The unit's name, nationality, and designation assigned for 
identification 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 local 
representative, if any;
    (4) Classification or inspection certificates currently held by the 
unit;
    (5) The location and date that operations are expected to commence 
and their anticipated duration; and
    (6) The location and date that the unit will be available and ready 
for inspection by the Coast Guard.
    (b) Once a unit is located on the OCS, the owner of the unit shall 
notify the District Commander before relocating the unit.
    (c) The information required in paragraphs (a) and (b) of this 
section may be provided by telephone or may be submitted together with, 
and need not repeat information contained in, applications and notices 
under 33 CFR part 67 for aids to navigation on the Outer Continental 
Shelf or 33 CFR part 135 for applications for certificate of financial 
responsibility.



Sec. 146.203  Requirements for U.S. and undocumented MODUs.

    Each mobile offshore drilling unit documented under the laws of the 
United States and each mobile offshore drilling unit that is not 
documented under the laws of any nation must comply with the operating 
standards 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 the laws 
of a foreign nation must, when engaged in OCS activities, comply with 
one of the following:
    (a) The operating standards of 46 CFR part 109.
    (b) The operating standards of the documenting nation if the 
standards provide a level of safety generally equivalent to or greater 
than that provided under 46 CFR part 109.
    (c) The operating standards for mobile offshore drilling units 
contained in the International Maritime Organization (IMO, formerly 
Inter-Governmental Maritime Consultative Organization or IMCO) (IMO) 
Code for the Construction and Equipment of Mobile Offshore Drilling 
Units (IMO Assembly Resolution A. 414(XI)) which has been incorporated 
by reference and the requirements of 46 CFR part 109 for matters not 
addressed by the Code.



Sec. 146.210  Emergency Evacuation Plan.

    (a) Except as otherwise provided in this section, the requirements 
applicable to Emergency Evacuation Plans (EEPs) on manned OCS facilities 
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 MODU 
within 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 holder of 
a lease or permit, for each MODU within the area in which the operator 
controls or manages operations.
    (c) To avoid unnecessary duplication, the EEP may incorporate by 
reference pertinent sections of the MODU's operating manual required by 
46 CFR 109.121.
    (d) In complying with Sec. 146.140(d)(7), the EEP must designate 
the master or person in charge of the MODU under 46 CFR 109.107 as the 
individual who is assigned primary responsibility for implementing the 
EEP, as it relates to that MODU.

[CGD 84-098b, 54 FR 21573, May 18, 1989]

[[Page 127]]



                            Subpart D_Vessels



Sec. 146.301  Applicability.

    This subpart applies to vessels engaged in OCS activities other than 
United States vessels already required to report marine casualties under 
Subpart 4.05 of 46 CFR part 4 or subpart D of 46 CFR part 109.



Sec. 146.303  Notice and written report of casualties.

    The owner, operator, or person in charge of a vessel engaged in OCS 
activities shall ensure that the notice of casualty requirements of 
Sec. 146.30 and the written report requirements of Sec. 146.35 are 
complied with whenever a casualty involving the vessel occurs which 
results in:
    (a) Death;
    (b) Injury to 5 or more persons in a single incident; or
    (c) Injury causing any person to be incapacitated for more than 72 
hours.

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

[CGD 78-160, 47 FR 9383, Mar. 4, 1982, as amended by USCG-2006-25150, 71 
FR 39209, July 12, 2006]



PART 147_SAFETY ZONES--Table of Contents



Sec.
147.T001 DRILLSHIP FRONTIER DISCOVERER Safety Zone.
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 safety zone.
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.
147.845 Perdido Regional Host safety zone.
147.847 Safety Zone; BW PIONEER Floating Production, Storage, and 
          Offloading System Safety Zone.
147.T08-849 DEEPWATER HORIZON Mobile Offshore Drilling Unit 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 treatment vessel 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 of Homeland 
Security Delegation No. 0170.1.

    Source: CGD 78-160, 47 FR 9386, Mar. 4, 1982, unless otherwise 
noted.



Sec. 147.T001  DRILLSHIP FRONTIER DISCOVERER Safety Zone.

    (a) Description. The FRONTIER DISCOVERER will be engaged in 
exploratory drilling operations at various locations in the Chukchi and 
Beaufort Sea from July 1, 2010, through November 30, 2010. The DRILLSHIP 
will be anchored while conducting exploratory drilling operations with 
the center point of the vessel located at the coordinates listed in 
Table 1. These coordinates are based upon [NAD 83] UTM Zone 3.

[[Page 128]]



                                                               Table 1--Prospect Locations
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Prospect                        Area               Block         Lease no.               Latitude                      Longitude
--------------------------------------------------------------------------------------------------------------------------------------------------------
Burger C...........................  Posey................            6764      OCS-Y-2280  N71[deg]18[min] 17.2739[sec]   W163[deg]12[min] 45.9891[sec]
Burger F...........................  Posey................            6714      OCS-Y-2267  N71[deg]20[min] 13.9640[sec]   W163[deg]12[min] 21.7460[sec]
Burger J...........................  Posey................            6912      OCS-Y-2321  N71[deg]10[min] 24.0292[sec]   W163[deg]28[min] 18.5219[sec]
Crackerjack........................  Karo.................            6864      OCS-Y-2111  N71[deg]13[min] 58.9211[sec]   W166[deg]14[min] 10.7889[sec]
SW Shoebill........................  Karo.................            7007      OCS-Y-2142  N71[deg]04[min] 24.4163[sec]   W167[deg]13[min] 38.0886[sec]
Sivulliq...........................  Flaxman Is...........            6658      OCS-Y 1805  N7023[min] 29.5814[sec]        W14558[min] 52.5284[sec]
Torpedo............................  Flaxman Is...........            6610      OCS-Y-1941  N7027[min] 01.6193[sec]        W14549[min] 32.0650[sec]
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The area within 500 meters (1,640.4 feet) from each point on the 
outer edge of the vessel while anchored or deploying and recovering 
moorings on location is a safety zone.
    (b) Regulation. No vessel may enter or remain in this safety zone 
except the following:
    (1) An attending vessel;
    (2) A vessel authorized by the Commander, Seventeenth Coast Guard 
District.

    Effective Date Note: By USCG-2009-0955, 75 FR 18407, Apr. 12, 2010, 
temporary Sec. 147.T001 was added, effective from 12:01 a.m. on July 1, 
2010 to 11:59 p.m. on Nov. 30, 2010.



Sec. 147.1  Purpose of safety zones.

    Safety zones may be established around OCS facilities being 
constructed, maintained, or operated on the Outer Continental Shelf to 
promote the safety of life and property on the facilities, their 
appurtenances and attending vessels, and on the adjacent waters within 
the safety zones. Regulations adopted for safety zones may extend to the 
prevention or control of specific activities and access by vessels or 
persons, and include measures to protect the living resources of the sea 
from harmful agents. The regulations do not encompass the operating 
equipment or procedures used in the drilling for and production of oil, 
gas, or other minerals, or the transportation of oil, gas, or other 
minerals by pipeline except as they relate to the safety of life and 
property on OCS facilities and on the waters adjacent to OCS facilities 
or to the protection of the living resources 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 enforce 
safety zone regulations in accordance with the provisions of this part 
is delegated to District Commanders.



Sec. 147.10  Establishment of safety zones.

    (a) Whenever it comes to the attention of the District Commander 
that a safety zone and regulations may be required concerning any OCS 
facility being constructed, maintained, or operated on the Outer 
Continental Shelf or its appurtenances and attending vessels, or the 
adjacent waters, the District Commander may initiate appropriate inquiry 
to determine whether a safety zone and regulations should be 
established. In making this determination, the District Commander 
considers all relevant safety factors, including existing or reasonably 
foreseeable congestion of vessels, the presence of unusually harmful or 
hazardous substances, and any obstructions within 500 meters of the OCS 
facility. If the District Commander determines that the circumstances 
warrant the establishment of a safety zone and regulations the District 
Commander takes action as necessary consistent with the provisions of 
this part.
    (b) Except as provided in paragraph (c) of this section, a safety 
zone and necessary regulations may be established concerning any OCS 
facility being constructed, maintained or operated on the Outer 
Continental Shelf, following publication of a notice of proposed rule 
making in the Federal Register and after interested parties have been 
given the opportunity to submit comments. A zone and necessary 
regulations may be in effect during any period when construction 
equipment and materials are within 500 meters of the construction site 
until the removal of all portions of the facility.
    (c) A safety zone and necessary regulations may be established 
without

[[Page 129]]

public rule making procedures when the District Commander determined 
that imminent danger exists with respect to the safety of life and 
property on an OCS facility constructed, maintained, or operated on the 
Outer Continental Shelf, its appurtenances and attending vessels or 
adjacent waters. A safety zone and regulations may be made effective on 
the date the rule is published in the Federal Register. However, if 
circumstances require, they may be placed into effect immediately, 
followed promptly by publication in the Federal Register. The District 
Commander may utilize, in addition to broadcast Notices to Mariners, 
Local Notices to Mariners, and Notices to Mariners, newspapers, and 
broadcasting stations to disseminate information concerning a safety 
zone and regulations pertaining thereto. The public may comment 
concerning the establishment of a safety zone or regulations under this 
paragraph. A safety zone or regulations may be modified or withdrawn, as 
appropriate, based on the comments received.
    (d) Geographic coordinates expressed in terms of latitude or 
longitude, or both, are not intended for plotting on maps or charts 
whose referenced horizontal datum is the North American Datum of 1983 
(NAD 83), unless such geographic coordinates are expressly labeled NAD 
83. Geographic coordinates without the NAD 83 reference may be plotted 
on maps or charts reference to NAD 83 only after application of the 
appropriate corrections that are published on the particular map or 
chart being used.

[CGD 78-160, 47 FR 9386, Mar. 4, 1982, as amended by CGD 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 a maximum 
distance of 500 meters around the OCS facility measured from each point 
on its outer edge or from its construction site, but may not interfere 
with the use of recognized sea lanes essential to navigation.



Sec. 147.20  Definitions.

    Unless otherwise stated, the term ``attending vessel'' refers to any 
vessel which is operated by the owner or operator of an OCS facility 
located in the safety zone, which is used for the purpose of carrying 
supplies, equipment or personnel to or from the facility, which is 
engaged in construction, maintenance, alteration, or repair of the 
facility, or which is used for further exploration, production, transfer 
or storage of natural resources from the seabed beneath the safety 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 position 
27[deg]56[min]48[sec] N, 90[deg]59[min]48[sec] W. The area within 500 
meters (1640.4 feet) from each point on the structure's outer edge, not 
to extend into the adjacent East--West Gulf of Mexico Fairway is a 
safety zone.
    (b) Regulation. No vessel may enter or remain in this safety zone 
except:
    (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged in towing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast Guard 
District.

[CGD 08-99-023, 65 FR 16825, Mar. 30, 2000]



Sec. 147.803  Bullwinkle Platform safety zone.

    (a) Description. The Bullwinkle Platform is located at position 
27[deg]53[min]01[sec] N, 90[deg]54[min]04[sec] W. The area within 500 
meters (1640.4 feet) from each point on the structure's outer edge is a 
safety zone.
    (b) Regulation. No vessel may enter or remain in this safety zone 
except:
    (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged in towing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast Guard 
District.

[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) is located 
at position 28[deg]09[min]14.497[sec] N, 89[deg]06[min]12.790[sec] W. 
The area within 500 meters (1640.4 feet) from each point on the 
structure's outer edge is a safety zone.
    (b) Regulation. No vessel may enter or remain in this safety zone 
except:
    (1) An attending vessel;

[[Page 130]]

    (2) A vessel under 100 feet in length overall not engaged in towing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast Guard 
District.

[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 at position 
28[deg]39[min]42[sec] N, 89[deg]33[min]05[sec] W. The area within 500 
meters (1640.4 feet) from each point on the structure's outer edge, not 
to extend into the adjacent Mississippi River Approach Fairway, is a 
safety zone.
    (b) Regulation. No vessel may enter or remain in this safety zone 
except: (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged in towing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast Guard 
District.

[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) is located 
at position 28[deg]10[min]10.29[sec] N, 89[deg]13[min]22.35[sec] W with 
two supply boat mooring buoys at positions 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 the area 
within 500 meters (1640.4 feet) of each of the supply boat mooring buoys 
is a safety zone.
    (b) Regulation. No vessel may enter or remain in this safety zone 
except:
    (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged in towing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast Guard 
District.

[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 at positions 
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 the area within 500 meters (1640.4 feet) of each of the 
supply boat mooring buoys is a safety zone.
    (b) Regulation. No vessel may enter or remain in this safety zone 
except:
    (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged in towing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast Guard 
District.

[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 at positions 
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 an area within 500 meters (1640.4 feet) of each of the 
supply boat mooring buoys is a safety zone.
    (b) Regulation. No vessel may enter or remain in this safety zone 
except:
    (1) an attending vessel;
    (2) A vessel under 100 feet in length overall not engaged in towing 
or fishing; or
    (3) A vessel authorized by the Commander, Eighth Coast Guard 
District.

[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 OCS Facility, 
Alaminos Canyon Block 25A (AC25A), is located at position 
26[deg]56[min]33[sec] N, 94[deg]41[min]19.55[sec] W. The area within 500 
meters (1640.4 feet) from each point on the structure's outer edge is a 
safety zone.
    (b) Regulation. No vessel may enter or remain in this safety zone 
except the following:
    (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged in towing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast Guard 
District

[CGD08-01-025, 68 FR 4102, Jan. 28, 2003]

[[Page 131]]



Sec. 147.817  Sir Douglas Morpeth Tension Leg Platform safety zone.

    (a) Description. The Sir Douglas Morpeth Tension Leg Platform 
(Morpeth TLP), Ewing Bank Block 921A (EW 921A), is located at position 
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 the structure's outer edge 
is a safety zone.
    (b) Regulation. No vessel may enter or remain in this safety zone 
except the following:
    (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged in towing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast Guard 
District.

[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 at position 
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 the structure's outer edge 
is a safety zone.
    (b) Regulation. No vessel may enter or remain in this safety zone 
except the following:
    (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged in towing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast Guard 
District.

[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 (Brutus TLP), Green 
Canyon Block 158 (GC 158), is located at position 
27[deg]47[min]42.86[sec] N, 90[deg]38[min]51.15[sec] W. The area within 
500 meters (1640.4 feet) from each point on the structure's outer edge 
is a safety zone.
    (b) Regulation. No vessel may enter or remain in this safety zone 
except the following:
    (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged in towing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast Guard 
District.

[CGD08-01-025, 68 FR 4102, Jan. 28, 2003]



Sec. 147.823  Enchilada Platform safety zone

    (a) Description. The Enchilada Platform, Garden Banks Block 128A (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 (1640.4 feet) 
from each point on the structure's outer edge, not to extend into the 
adjacent East-West Gulf of Mexico Fairway, is a safety zone.
    (b) Regulation. No vessel may enter or remain in this safety zone 
except the following:
    (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged in towing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast Guard 
District.

[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, 
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 a safety zone.
    (b) Regulation. No vessel may enter or remain in this safety zone 
except the following:
    (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged in towing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast Guard 
District.

[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 (Marlin TLP), 
Viasca Knoll, Block 915 (VK 915), is located at position 
29[deg]6[min]27.46[sec] N, 87[deg]56[min]37.14[sec] W. The area within 
500 meters (1640.4 feet) from each point on the structure's outer edge 
is a safety zone.
    (b) Regulation. No vessel may enter or remain in this safety zone 
except the following:
    (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged in towing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast Guard 
District.

[CGD08-02-045, 68 FR 55445, Sept. 26, 2003]

[[Page 132]]



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 position 
28[deg]44[min]32[sec] N, 88[deg]39[min]32[sec] W. The area within 500 
meters (1640.4 feet) from each point on the structure's outer edge is a 
safety zone. These coordinates are based upon [NAD 83].
    (b) Regulation. No vessel may enter or remain in this safety zone 
except the following:
    (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged in towing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast Guard 
District.

[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. These coordinates are based upon North American 
Datum 1983.
    (b) Regulation. No vessel may enter or remain in this safety zone 
except the following:
    (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged in towing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast Guard 
District.

[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 position 28[deg]31[min]14.86[sec] N, 
88[deg]17[min]19.69[sec] W. The area within 500 meters (1640.4 feet) 
from each point on the structure's outer edge is a safety zone. These 
coordinates are based upon [NAD 83].
    (b) Regulation. No vessel may enter or remain in this safety zone 
except the following: (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged in towing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast Guard 
District.

[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 position 27[deg]12[min]13.86[sec] N, 
92[deg]12[min]09.36[sec] W. The area within 500 meters (1640.4 feet) 
from each point on the structure's outer edge is a safety zone. These 
coordinates are based upon [NAD 83].
    (b) Regulation. No vessel may enter or remain in this safety zone 
except the following:
    (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged in towing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast Guard 
District.

[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, Green Canyon 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 (1640.4 feet) 
from each point on the structure's outer edge is a safety zone. These 
coordinates are based upon [NAD 83].
    (b) Regulation. No vessel may enter or remain in this safety zone 
except the following:
    (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged in towing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast Guard 
District.

[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 Canyon 782 (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. These coordinates are based 
upon [NAD 83].
    (b) Regulation. No vessel may enter or remain in this safety zone 
except the following:
    (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged in towing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast Guard 
District.

[CGD08-05-012, 70 FR 43768, July 29, 2005]

[[Page 133]]



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. These coordinates are based 
upon [NAD 83].
    (b) Regulation. No vessel may enter or remain in this safety zone 
except the following:
    (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged in towing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast Guard 
District.

[CGD08-05-015, 70 FR 43772, July 29, 2005]



Sec. 147.843  Thunder Horse Semi-Submersible safety zone.

    (a) Description. Thunder Horse Semi-Submersible, Mississippi Canyon 
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. These 
coordinates are based upon [NAD 83].
    (b) Regulation. No vessel may enter or remain in this safety zone 
except the following:
    (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged in towing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast Guard 
District.

[CGD08-05-019, 70 FR 43770, July 29, 2005]



Sec. 147.845  Perdido Regional Host safety zone.

    (a) Description. The Perdido Regional Host is located at position 
26[deg]07[min]44[sec] N, 094[deg]53[min]53[sec] W. The area within 500 
meters (1640.4 feet) from each point on the structure's outer edge is a 
safety zone.
    (b) Regulation. No vessel may enter or remain in this safety zone 
except the following:
    (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged in towing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast Guard 
District or a designated representative.

[USCG-2008-1051, 74 FR 55138, Oct. 27, 2009]



Sec. 147.847  Safety Zone; BW PIONEER Floating Production, Storage, and 

Offloading System Safety Zone.

    (a) Description. The BW PIONEER, a Floating Production, Storage and 
Offloading (FPSO) system, is in the deepwater area of the Gulf of Mexico 
at Walker Ridge 249. The FPSO can swing in a 360 degree arc around the 
center point of the turret buoy's swing circle at 
26[deg]41[min]46.25[sec] N and 090[deg]30[min]30.16[sec] W. The area 
within 500 meters (1640.4 feet) around the stern of the FPSO when it is 
moored to the turret buoy is a safety zone. If the FPSO detaches from 
the turret buoy, the area within 500 meters around the center point at 
26[deg]41[min]46.25[sec] N and 090[deg]30[min]30.16[sec] W is a safety 
zone.
    (b) Regulation. No vessel may enter or remain in this safety zone 
except the following:
    (1) An attending vessel;
    (2) A vessel under 100 feet in length overall not engaged in towing; 
or
    (3) A vessel authorized by the Commander, Eighth Coast Guard 
District.

[USCG-2009-0571, 75 FR 19882, Apr. 16, 2010]



Sec. 147.T08-849  DEEPWATER HORIZON Mobile Offshore Drilling Unit Safety Zone.

    (a) Location. All areas within 500 meters (1640.4 feet) around the 
position of the riser at 28-44-18N and 088-21-54W are part of a safety 
zone. This area surrounds the DEEPWATER HORIZON, a Mobile Offshore 
Drilling Unit (MODU), that sank in the deepwater area of the Gulf of 
Mexico near Mississippi Canyon 252. The riser, which is attached to the 
seabed of the Outer Continental Shelf, is still in place and discharging 
oil.
    (b) Regulation. No vessel may enter or remain in this safety zone 
except the following:
    (1) An attending or first response vessel; or
    (2) A vessel authorized by the Commander, Eighth Coast Guard 
District or a designated representative.

    Effective Date Note: By USCG-2010-0448, 75 FR 32275, June 8, 2010, 
temporary Sec. 147.T08-849 was added, effective June 8, 2010 through 
Aug. 26, 2010.



Sec. 147.1102  Platform GRACE safety zone.

    (a) Description: The area within a line 500 meters from each point 
on the

[[Page 134]]

structure's outer edge. The position of the center of the structure is 
34[deg]-10[min]-47[sec] N, 119[deg]-28[min]-05[sec] W.
    (b) Regulations: No vessel may enter or remain in this safety zone 
except the following: (1) An attending vessel, (2) a vessel 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; 48 FR 33263, July 21, 1983]



Sec. 147.1103  Platform GINA safety zone.

    (a) Description: The area within a line 500 meters from each point 
on the structure's outer edge. The position of the center of the 
structure is 34[deg]-07[min]-02[sec] N, 119[deg]-16[min]-35[sec] W.
    (b) Regulations: No vessel may enter or remain in this safety zone 
except the following: (1) An attending vessel, (2) a vessel 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; 48 FR 33263, July 21, 1983]



Sec. 147.1104  Platform ELLEN & ELLY safety zone.

    (a) Description: The areas within a line 500 meters from each point 
on the outer edge of each structure. The structures are approximately 
120 meters apart. The position of the center of each structure 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 this safety zone 
except the following: (1) An attending vessel serving either structure, 
(2) a vessel 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; 48 FR 33263, July 21, 1983]



Sec. 147.1105  Platform HONDO safety zone.

    (a) Description: The area within a line 500 meters from each point 
on the structure's outer edge. The position of the center of the 
structure is 34[deg]-23[min]-27[sec] N, 120[deg]-07[min]-14[sec] W.
    (b) Regulations: No vessel may enter or remain in this safety zone 
except for the following: (1) An attending vessel, (2) a vessel 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; 48 FR 33263, July 21, 1983]



Sec. 147.1106  Exxon Santa Ynez offshore storage and treatment vessel mooring 

safety zone.

    (a) Description: The area within a line 1108 meters for the center 
of the mooring. The position of the center of the mooring is 34[deg]-
24[min]-19[sec] N 120[deg]-06[min]00[sec] W.
    (b) Regulations: No vessel may enter or remain in this safety zone 
except the following: (1) An attending vessel, (2) a vessel 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; 48 FR 33263, July 21, 1983]



Sec. 147.1107  Platform GILDA safety zone.

    (a) Description: The area within a line 500 meters from each point 
on the structure's outer edge. The position of the center of the 
structure is 34[deg]-10[min]-56[sec] N. 119[deg]-25[min]-07[sec] W.
    (b) Regulations: No vessel may enter or remain in this safety zone 
except for the following: (1) An attending vessel, (2) a vessel 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; 48 FR 33263, July 21, 1983]



Sec. 147.1108  Platform EDITH safety zone.

    (a) Description: The area within a line 500 meters from each point 
on the structure's outer edge. The position of the center of the 
structure is 33[deg]-35[min]-45[sec] N. 118[deg]-08[min]-27[sec] W.
    (b) Regulations: No vessel may enter or remain in this safety zone 
except for the following: (1) An attending vessel, (2) a vessel under 
100 feet in length overall not engaged in towing, or (3) a

[[Page 135]]

vessel authorized by the Commander, Eleventh Coast Guard District.

[CCGD 11-79-02, 47 FR 39679, Sept. 9, 1982; 48 FR 33263, July 21, 1983]



Sec. 147.1109  Platform HERMOSA safety zone.

    (a) Description: The area within a line 500 meters from each point 
on the structure's outer edge. The position of the center of the 
structure is 34-27-19 N, 120-38-47 W.
    (b) Regulations: No vessel may enter or remain in this safety zone 
except the following: (1) An attending vessel, (2) a vessel under 100 
feet in length overall not engaged in towing or (3) a vessel 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 each point 
on the structure's outer edge. The position of the center of the 
structure is 34-28-09.5 N, 120-40-46.1 W.
    (b) Regulations: No vessel may enter or remain in this safety zone 
except for the following: (1) An attending vessel, (2) a vessel under 
100 feet in length overall not engaged in towing or (3) a vessel 
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 each point 
on the structure's outer edge. The position of the center of the 
structure is 33-33-50 N, 118-07-00 W.
    (b) Regulations: No vessel may enter or remain in this safety zone 
except the following: (1) An attending vessel, (2) a vessel under 100 
feet in length overall not engaged in towing or (3) a vessel 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 each point 
on the structure's outer edge. The position of the center of the 
structure is 34-29-42 N, 120-42-08 W.
    (b) Regulations: No vessel may enter or remain in this safety zone 
except the following: (1) An attending vessel, (2) a vessel under 100 
feet in length overall not engaged in towing or (3) a vessel 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 each point 
on the structure's outer edge. The position of the center of the 
structure 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 safety zone 
except the following: (1) An attending vessel, (2) a vessel under 100 
feet in length overall not engaged in towing, or (3) a vessel authorized 
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 each point 
on the structure's outer edge. The position of the center of the 
structure 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 safety zone 
except the following: (1) an attending vessel; (2) a vessel under 100 
feet in length overall not engaged in towing; or (3) a vessel authorized 
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 each point 
on the structure's outer edge. The position of the center of the 
structure 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 safety zone 
except the following: (1) An attending vessel; (2) a vessel under 100 
feet in length overall not engaged in towing; or (3) a vessel authorized 
by the Commander, Eleventh Coast Guard District.

[CGD11-92-01, 57 FR 9055, Mar. 16, 1992]

[[Page 136]]



Sec. 147.1116  Platform IRENE safety zone.

    (a) Description: The area within a line 500 meters from each point 
on the structure's outer edge. The position of the center of the 
structure 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 safety zone 
except the following: (1) An attending vessel; (2) a vessel under 100 
feet in length overall not engaged in towing; or (3) a vessel authorized 
by the Commander, Eleventh Coast Guard District.

[CGD11-92-02, 57 FR 9054, Mar. 16, 1992]

[[Page 137]]



                      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 implementing the 
          Deepwater Port Act?
148.5 How are terms used in this subchapter defined?
148.8 How are certifying entities designated and used for purposes 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 other interested party 
          requests additional information?
148.110 How do I prepare my application?
148.115 How many copies of the application must I send and where 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 application maintained?
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 channel and harbor?
148.217 How can a State be designated as an adjacent coastal State?
148.221 How do I claim, or object to a claim, that required information 
          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 formal hearing?
148.242 How does a person who is not a party to a formal hearing 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 should I file it?
148.248 What happens when a document does not contain all necessary 
          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 in the 
          application process?
148.279 What are the criteria for approval or denial of an application?
148.281 What happens when more than one application is submitted for a 
          deepwater port in the same application area?
148.283 When is the application process stopped before the application 
          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 (CG-5) and the MARAD 
          Administrator on developing the proposed conditions of a 
          license?
148.310 How long does a license last?
148.315 How is a license amended, transferred, or reinstated?
148.320 How is a license enforced, suspended, or revoked?
148.325 How soon after port decommissioning must the licensee initiate 
          removal?

[[Page 138]]

         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 (CG-5) of 
          proposed site evaluation and pre-construction testing?
148.410 What are the conditions for conducting site evaluation and pre-
          construction testing?
148.415 When conducting site evaluation and pre-construction testing, 
          what must be reported?
148.420 When may the Commandant (CG-5) suspend or prohibit site 
          evaluation or pre-construction testing?

    Subpart F_Exemption From or Adjustments to Requirements in This 
                               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 involves the 
          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 other Federal and 
          State laws?
148.702 How were the environmental review criteria developed?
148.705 What is determined by the environmental evaluation?
148.707 What type of criteria will be used in an environmental review, 
          and how will they be applied?
148.708 Must the applicant's proposal reflect potential regulations?
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 best available 
          technology and recommended industry practices?
148.725 What are the design, construction and operational criteria?
148.730 What are the land use and coastal zone management criteria?
148.735 What are other critical criteria that must be evaluated?
148.737 What environmental statutes must an applicant follow?

    Authority: 33 U.S.C. 1504; Department of Homeland Security 
Delegation No. 0170.1 (75).

    Source: USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, unless 
otherwise noted.

    Editorial Note: Nomenclature changes to part 148 appear by USCG-
2010-0351, 75 FR 36284, June 25, 2010.



                            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 ports under 
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 must 
ensure that the requirements of this subchapter are carried out at that 
port.



Sec. 148.3  What Federal agencies are responsible for implementing the 

Deepwater Port Act?

    (a) Under delegations from the Secretary of Homeland Security and 
the Secretary of Transportation, the Coast Guard and the Maritime 
Administration (MARAD) coordinate with each other in processing 
applications for the issuance, transfer, or amendment of a license for 
the construction and operation of a deepwater port.
    (b) MARAD is responsible for issuing the Record of Decision to 
announce whether a license application is approved, approved with 
conditions, or denied, and for issuing, revoking, and reinstating 
deepwater port licenses. MARAD also has authority over the approval of 
fees charged by adjacent coastal States, and certain matters relating to 
international policy, civil actions, and suspension or termination of 
licenses.
    (c) The Secretary of Transportation has delegated authority over 
pipeline matters to the Pipeline Hazardous Materials and Safety 
Administration.
    (d) The Environmental Protection Agency (EPA), U.S. Army Corps of 
Engineers, Minerals Management Service (MMS) in the Department of 
Interior,

[[Page 139]]

and other Federal agencies are designated as cooperating agencies and 
support the Coast Guard and MARAD in the review and evaluation of 
deepwater port license applications. You can view the interagency 
memorandum of understanding (MOU) outlining the relative roles 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 et seq., 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 proposed deepwater 
port; or
    (3) Is designated as an adjacent coastal State by the Administrator 
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 than 3 
percent in an applicant;
    (2) That offers to finance, manage, construct, or operate the 
applicant's deepwater port to any significant degree;
    (3) That owns or controls an applicant or an entity under paragraphs 
(1) or (2) of this definition; or
    (4) That is owned or controlled by, or under common ownership with, 
an applicant or an entity under paragraphs (1), (2), or (3) of this 
definition.
    Applicant means a person that is the owner of a proposed deepwater 
port and is applying for a license under this part for that port.
    Application means an application submitted under this part for a 
license to own, construct, and operate a deepwater port.
    Approval series means the first six digits of a number assigned by 
the Coast Guard to approved equipment. Where approval is based on a 
subpart of 46 CFR chapter I, subchapter Q, the approval series 
corresponds to the number of the subpart. A list of approved equipment, 
including all of the approval series, is available at: http://
cgmix.uscg.mil/Equipment.
    Approved means approved by the Commandant (CG-5).
    Area to be avoided or ATBA means a routing measure comprising an 
area within defined limits in which either navigation is particularly 
hazardous or it is exceptionally important to avoid casualties and 
should be avoided by all ships or certain classes of vessels. An ATBA 
may be either recommended (``recommendatory'') or mandatory. An ATBA is 
recommendatory when ships are advised to navigate with caution in light 
of specially hazardous conditions. An ATBA is mandatory when navigation 
is prohibited or subject to a competent authority's conditions. ATBAs 
for deepwater ports are recommendatory.
    Barrel means 42 U.S. gallons (approximately 159 liters) at 
atmospheric pressure and 60 [deg]F (approximately 15.56 [deg]C).
    Captain of the Port or COTP means a Coast Guard officer who commands 
a Captain of the Port zone described in part 3 of this chapter and who 
is immediately responsible for enforcing port safety and security and 
marine environmental protection regulations within that area.
    Certified industrial hygienist means an industrial hygienist who is 
certified by the American Board of Industrial Hygiene.
    Certified marine chemist means a marine chemist who is certified by 
the National Fire Protection Association.
    Certifying entity or CE means any individual or organization, other 
than the operator, permitted by the Commandant (CG-522) to act on behalf 
of the Coast Guard pursuant to section 148.8 of this subpart. The 
activities may include reviewing plans and calculations for construction 
of deepwater ports, conducting inspections, witnessing tests, and 
certifying systems and/or components associated with deepwater ports as 
safe and suitable for their intended purpose.
    Citizen of the United States means:
    (1) Any person who is a United States citizen by law, birth, or 
naturalization;
    (2) Any State, State agency, or group of States; or

[[Page 140]]

    (3) Any corporation, partnership, or other association:
    (i) That is organized under the laws of any State;
    (ii) Whose president, chairman of the board of directors, and 
general partners or their equivalents, are persons described in 
paragraph (1) of this definition; and
    (iii) That has no more of its directors who are not persons 
described in paragraph (1) of this definition than constitute a minority 
of the number required for a quorum to conduct the business of the board 
of directors.
    Coastal environment means the coastal waters including the lands in 
and under those waters, internal waters, and the adjacent shorelines 
including waters in and under those shorelines. The term includes, but 
is not limited to:
    (1) Transitional and intertidal areas, bays, lagoons, salt marshes, 
estuaries, and beaches;
    (2) Fish, wildlife, and other living resources of those waters and 
lands; and
    (3) The recreational and scenic values of those lands, waters, and 
resources.
    Coastal State means a State of the United States in or bordering the 
Atlantic, Pacific, or Arctic Oceans or the Gulf of Mexico.
    Commandant (CG-5) means the Assistant Commandant for Prevention, or 
that individual's authorized representative, at Commandant (CG-5), U.S. 
Coast Guard, 2100 Second Street, SW., Washington, DC 20593-0001.
    Confined space means a space that may contain a dangerous 
atmosphere, including a space that:
    (1) Has poor natural ventilation, such as a space with limited 
openings, 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, or expanding of 
a deepwater port or any of its components. The term includes, but is not 
limited to, fabrication, laying of pipe, pile driving, bulk heading, 
alterations, modifications, and additions to the deepwater port.
    Control means the direct or indirect power to determine the policy, 
business practices, or decisionmaking process of another person, whether 
by stock or other ownership interest, by representation on a board of 
directors or similar body, by contract or other agreement with 
stockholders or others, or otherwise.
    Crude oil means a mixture of hydrocarbons that exists in the liquid 
phase in natural underground reservoirs, and remains liquid at 
atmospheric pressure after passing through surface separating 
facilities, and includes:
    (1) Liquids technically defined as crude oil;
    (2) Small amounts of hydrocarbons that exist in the gaseous phase in 
natural underground reservoirs but are liquid at atmospheric pressure 
after being recovered from oil well (casing head) gas in lease 
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 a 
vessel, or any group of structures, located beyond State seaward 
boundaries that are used or are intended for use as a port or terminal 
for the transportation, storage, or further handling of oil or natural 
gas for transportation to any State, except as otherwise provided in the 
Deepwater Port Act of 1974, as amended, and for other uses not 
inconsistent with the purposes of the Deepwater Ports Act, including 
transportation 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 similar 
facilities, to the extent that they are located seaward of the high 
water mark;
    (3) Includes, in the case of natural gas, all components and 
equipment, including pipelines, pumping or compressor stations, service 
platforms,

[[Page 141]]

buoys, mooring lines, and similar facilities which are proposed and/or 
approved for construction and operation as part of the deepwater port, 
to the extent that they are located seaward of the high water mark and 
do not include interconnecting facilities; and
    (4) Shall be considered a ``new source'' for purposes of the Clean 
Air Act, 42 U.S.C. 7401 et seq., as amended, and the Federal Water 
Pollution Control Act, 33 U.S.C. 1251 et seq., as amended.
    District commander means an officer who commands a Coast Guard 
district described in part 3 of this chapter, or that individual's 
authorized representative.
    Emergency medical technician means a person trained and certified to 
appraise and initiate the administration of emergency care for victims 
of trauma or acute illness before or during transportation of the 
victims to a health care facility via ambulance, aircraft or vessel.
    Engineering hydrographic survey means a detailed geological analysis 
of seabed soil samples performed to determine the physical composition, 
for example the mineral content, and structural integrity for the 
installation of offshore components and structures.
    Governor means the governor of a State or the person designated by 
State law to exercise the powers granted to the governor under the Act.
    Gross under keel clearance means the distance between the keel of a 
tanker and the ocean bottom when the tanker is moored or anchored in 
calm water free of wind, current, or tide conditions that would cause 
the tanker to move.
    Hose string means the part of a single point mooring connection for 
oil or natural gas transfer made out of flexible hose of the floating or 
float/sink type that connects the tanker's manifold to the single point 
mooring.
    Hot work means work that produces heat or fire, such as riveting, 
welding, burning, or other fire-or spark-producing operations.
    Lease block means an area established either by the Secretary of the 
Interior under section 5 of the OCS Lands Act, 43 U.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 a valid 
license for the ownership, construction, and operation of a deepwater 
port that was issued, transferred, or renewed under this subchapter.
    Marine environment includes:
    (1) The coastal environment, waters of the contiguous zone, the 
Exclusive 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 and 
resources.
    Marine site means the area in which the deepwater port is located, 
including the safety zone and all areas seaward of the high water mark 
in which associated components and equipment of the deepwater port are 
located.
    Maritime Administration or MARAD means the Administrator of the 
Maritime Administration or that person's designees, and includes the 
Associate Administrator, Port, Intermodal and Environmental Activities, 
Maritime Administration, or that individual's authorized representative, 
at 400 Seventh Street, SW., Washington, DC 20590, telephone 202-366-
4721.
    Metering platform means a manned or unmanned platform consisting of 
either a fixed or floating structure that serves as an interchange site 
for measuring the rate of transfer of natural gas from vessel to 
pipeline.
    Natural gas means either natural gas, unmixed, or any mixture of 
natural or artificial gas, including compressed or liquefied natural 
gas.
    Natural gas liquids means liquid hydrocarbons associated with or 
extracted from natural gas, for example ethane, propane and butane 
extracted from natural gas.
    Net under keel clearance means the distance between the keel of a 
tanker and the ocean bottom when the tanker is underway, anchored, or 
moored, and subject to actual wind, waves, current, and tide motion.
    No anchoring area or NAA means a routing measure comprising an area 
within defined limits where anchoring

[[Page 142]]

is hazardous or could result in unacceptable damage to the marine 
environment. Anchoring in a no anchoring area should be avoided by all 
vessels or certain classes of vessels, except in case of immediate 
danger to the vessel or the person on board.
    Officer in Charge of Marine Inspection or OCMI means an individual 
who commands a marine inspection zone described in part 3 of this 
chapter, and who is immediately responsible for the performance of 
duties with respect to inspections, enforcement, and administration of 
regulations governing a deepwater port.
    Offshore competent person means an individual trained and designated 
by his or her employer in matters relating to confined space pre-entry 
testing and certification at a deepwater port, prior to entry. An 
offshore competent person should demonstrate proficiency in 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 refined from 
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's designee.
    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 a person in 
charge of transfer operations under Sec. 154.710 for oil facilities or 
Sec. 127.301 for liquefied natural gas (LNG) facilities. Within this 
subchapter, other references to person in charge, without the use of the 
acronym PIC, will mean a person in charge of an operation other than 
transfer operations.
    Personnel means individuals who are employed by licensees, 
operators, contractors, or subcontractors, and who are on a deepwater 
port because of their employment.
    Pipeline end manifold means the pipeline end manifold at a single 
point mooring.
    Platform means a fixed for floating structure that rests on or is 
embedded in the seabed or moored in place and that has floors or decks 
where an activity or specific function may be carried out.
    Pumping platform complex means a platform or a series of 
interconnected platforms, exclusive of a deepwater port, consisting of 
one or more single point moorings or submerged turret loading buoys that 
can pump oil or natural gas and that has one or more of the following 
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 study of fresh 
and saltwater bodies, currents and water content, cultural resources, 
seabed soils and subsea conditions, for example existing pipelines or 
subsea wells. A visual representation of the survey findings is normally 
depicted on a chart of the examined area.
    Routing systems means any system of one or more vessel routes or 
routing measures aimed at reducing the risk of casualties. It includes 
traffic separation schemes, two-way routes, recommended tracks, areas to 
be avoided, no anchoring areas, inshore traffic zones, roundabouts, 
precautionary areas and deepwater routes.
    Safety zone means a safety zone established around a deepwater port 
under part 150, subpart J, of this chapter. The safety zone may extend 
to a maximum distance of 500 meters (approximately 1,640 feet) around 
the facility, measured from each point on its outer edge or from its 
construction site, except as authorized by generally accepted 
international standards or as recommended by the International Maritime 
Organization. However, the zone may not interfere with the use of 
recognized sea lanes.
    Single point mooring or SPM means an offshore berth that links an 
undersea pipeline to a moored tanker and allows for the transfer of oil 
or natural gas between the tanker and the pipeline.

[[Page 143]]

    Single point mooring oil transfer system or SPM-OTS means the part 
of the oil transfer system from the pipeline end manifold to the end of 
the hose string that connects to the tanker's manifold.
    Single (or multiple) point mooring natural gas transfer system or 
SPM-NGTS (or MPM-NGTS) means the part of the natural gas transfer system 
from the pipeline end manifold to the end of the hose string that 
connects to the tanker's manifold.
    State includes each State of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, and the territories and 
possessions of the United States.
    Support vessel means a vessel working for a licensee at a deepwater 
port or cleared by a licensee to service a tanker calling at a 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 in Sec. 149.303 of this 
subchapter.
    Tanker means a vessel that calls at a deepwater port to unload 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 the water.

[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2010-
0351, 75 FR 36284, June 25, 2010]



Sec. 148.8  How are certifying entities designated and used for purposes of 

this subchapter?

    (a) Applicants and licensees may nominate a certifying entity (CE) 
for the performance of tasks for which the Coast Guard is responsible 
under this subchapter.
    (b) Nominations may be made at any time after the Maritime 
Administration 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 the nominee;
    (2) Name and address;
    (3) Size and type of organization or corporation;
    (4) Previous experience as a CE, certified verification agent, or 
similar third-party representative;
    (5) Experience in design, fabrication, or installation of fixed 
offshore oil and gas platforms, similar fixed, floating, or gravity-
based structures and project-related structures, systems, and equipment;
    (6) Technical capabilities, including professional certifications 
and organizational memberships of the nominee or the primary staff to be 
associated with its duties for the specific project;
    (7) In-house availability of, or access to, appropriate technology 
such as computer modeling programs and hardware or testing materials and 
equipment;
    (8) Ability to perform and effectively manage the duties for which 
it is nominated considering current resource availability;
    (9) Previous experience with regulatory requirements and procedures;
    (10) A statement signed by the nominee's chief officer or that 
person's designee that the nominee:
    (i) Is not owned or controlled by the designer, manufacturer, or 
supplier of any equipment, material, system, or subsystem that would be 
the subject of the nominee's duties, or by any manufacturer of similar 
equipment or material; and that
    (ii) The nominee will allow access to an official representative of 
the Coast Guard, upon request, to facilities or records that relate to 
its duties; and
    (11) A list of documents and certifications to be furnished to the 
Coast Guard by the nominee.
    (c) The Commandant (CG-5) may accept or reject the nomination of a 
CE and will provide guidance and oversight to each CE. The Commandant 
(CG-5) may terminate the acceptance of a CE at any time.

[[Page 144]]



                   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 this 
section.
    (a) General. For each applicant, affiliate, and consultant:
    (1) The name, address, telephone number, citizenship, and principal 
business activity of the applicant and its affiliates;
    (2) The name, address, and principal business activity of each 
subsidiary, division of the applicant, or its affiliates that 
participated in the decision to apply for a license to build a deepwater 
port;
    (3) A description of how each affiliate is associated with the 
applicant, and of the ownership interest each affiliate has in the 
applicant;
    (4) A list of the applicant's corporate officers and directors, and 
each affiliate that participated in the decision to apply for a license;
    (5) A statement for each applicant or affiliate, providing complete 
and detailed information on any civil or criminal legal proceeding 
during the preceding 5 years that relates to, or that could materially 
affect, information in the license application; and,
    (6) A declaration by the applicant that neither the applicant nor 
its affiliate has engaged in any lobbying activities that are prohibited 
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, and consultant's experience 
in offshore operations, particularly operations involving the transfer 
and storage of liquid cargo, and the loading and unloading of vessels.
    (2) For each affiliate that has a significant contract with the 
applicant for construction of the deepwater port, a description of that 
affiliate's experience in construction of marine terminal facilities, 
offshore structures, underwater pipelines, and seabed foundations; in 
addition to a description of other experiences that would bear on the 
affiliate's qualification to participate in the construction 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, the application 
must include the firm's:
    (1) Name;
    (2) Address;
    (3) Citizenship;
    (4) Telephone number; and
    (5) Qualifications.
    (d) Citizenship and operating authority. For each applicant or group 
of applicants, provide:
    (1) An affidavit that the applicant is a citizen of the United 
States;
    (2) For State agency applicants, the law authorizing the applicant 
to undertake the operations detailed in the application;
    (3) For private corporation applicants, the current charter or 
certificate of incorporation and current by-laws; and affidavits of U.S. 
or foreign citizenship from the president, chairman of the board, and 
each director or their equivalents; for limited liability companies, the 
equivalent organizational documents, and affidavits from the members of 
the Board of Managers, and members; and
    (4) For partnerships, including limited liability partnerships, or 
associations not formed or owned solely by individual citizens of the 
United States, the certificate of formation; the partnership agreement 
or articles of association; the current by-laws; the minutes of the 
first board meeting; and affidavits of U.S. or foreign citizenship from 
the president and each director, or their equivalents.
    (e) Address for service of documents. The name and address of one 
individual who may be served with documents if a formal hearing is held 
concerning the application, and the name and address of one individual 
who may receive other documents.
    (f) Location and use. The proposed location and capacity of the 
deepwater

[[Page 145]]

port, a general description of the anticipated use of the port, and 
whether access will be open or closed.
    (g) Financial information. (1) For the applicant, each affiliate 
with an ownership interest in the applicant of greater than 3 percent, 
and affiliates which have a direct contractual relationship with the 
deepwater port:
    (i) Annual financial statements, audited by an independent certified 
public accountant, for the previous 3 years, including, but not limited 
to, an income statement, balance sheet, and cash flow statement with 
footnote disclosures prepared according to U.S. Generally Accepted 
Accounting Principles; provided, however, that the Commandant (CG-5), in 
concurrence with MARAD, may waive this requirement 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 whose 
audited statement provides sufficient information to support an adequate 
assessment of the affiliate's relationship with and impact on the 
applicant; and
    (ii) Interim income statements and balance sheets for each quarter 
that 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 the 
deepwater port marine components, including pipelines that lie beneath 
the seabed. The operator of a deepwater port is responsible for the 
costs associated with removal of all port components. Should a license 
be granted, MARAD will require a bond, guarantee, or other financial 
instrument to cover the complete cost of decommissioning as a condition 
of the license.
    (3) Annualized projections or estimates, along with the underlying 
assumptions, for the next 5 years and at reasonable intervals throughout 
the life of the deepwater port, of each of the following:
    (i) Total oil or natural gas throughput, and subtotals showing 
throughput owned by the applicant and its affiliates and throughput 
owned by others;
    (ii) Projected financial statements, including a balance sheet and 
income statement; and
    (iii) Annual operating expenses, showing separately any payment made 
to an affiliate for any management duties carried out in connection with 
the operation of the deepwater port.
    (4) A copy of all proposals or agreements concerning the management 
and financing of the deepwater port, including agreements relating to 
throughputs, capital contributions, loans, guarantees, commitments, 
charters, and leases.
    (5) The throughput reports for the calendar year preceding the date 
of the application, for the applicant and each of the applicant's 
affiliates engaged in producing, refining, or marketing oil or natural 
gas and natural gas liquids, along with a copy of each existing or 
proposed throughput agreement. Each throughput report must list the 
throughput of the following products:
    (i) Crude oil; and if crude oil is the only product the port is 
designed to transport, the throughput report may be limited to reporting 
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 the construction of 
any component of the deepwater port or for the operation of the port.
    (2) A listing and abstract of:
    (i) All completed or ongoing studies on deepwater ports conducted by 
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 construct 
or install the deepwater port or a portion of the port, including each 
firm's:
    (i) Name;
    (ii) Address;

[[Page 146]]

    (iii) Citizenship;
    (iv) Telephone number; and
    (v) Qualifications.
    (i) Compliance with Federal water pollution requirements.
    (1) Evidence, to the extent available, that the requirements of 
section 401(a)(1) of the Federal Water Pollution Control Act Amendments 
of 1972, 33 U.S.C. 1341(a)(1), will be satisfied. If complete 
information is not available by the time MARAD must either approve or 
deny the application under 33 U.S.C. 1504(i)(1), the license for the 
deepwater port is conditioned upon the applicant demonstrating that the 
requirements of section 401(a)(1) of the 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) must be 
obtained from the Environmental Protection Agency Administrator, the 
request for certification, and pertinent information, such as plume 
modeling, related to the certification.
    (j) Coastal zone management. A request for each certification 
required by section 307 of the Coastal Zone Management Act of 1972, 16 
U.S.C. 1456, as amended.
    (k) Identification of lease block. (1) Identification of each lease 
block where any part of the proposed deepwater port or its approaches is 
located. This identification must be made on official OCS leasing maps 
or protraction diagrams, where available. Each map and diagram must be 
certified by a professional surveyor. For each lease block, provide the 
following:
    (i) A description of each pipeline, or other right-of-way crossing, 
in enough detail to allow plotting of the rights-of-way to the nearest 
one-tenth of a second in latitude and longitude; and
    (ii) The identity of the lessee or grantee of each pipeline or other 
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 of 
each block.
    (l) Overall site plan. Single-line drawings showing the location and 
type of each component of the proposed deepwater port and its 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 consisting of the 
following:
    (1) The proposed size and location of all:
    (i) Fixed and floating structures and associated components seaward 
of the high water mark, only if the proposal does not involve a 
connected action, for example, installation of new pipeline extending 
inshore of the state boundary line;
    (ii) Recommended ships' routing measures and proposed vessel traffic 
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 marine 
site. This survey should provide data on the water depth, prevailing 
currents, cultural resources, and a general characterization of the sea 
bottom. A requirement to submit an engineering hydrographic survey of 
the final marine site will be imposed as a condition in the license. The 
latter survey will require more extensive analysis of the soil, and 
detailed study to determine its physical composition, such as minerals, 
and if the sea bottom can support fixed components comprising a 
deepwater port. The applicant may submit existing data, gathered within 
the previous 5 years, but it must be supplemented by field data for the 
specific locations in which a high degree of variability exists.
    (n) Soil data. An analysis of the general character and condition of 
the ocean bottom, sub-bottom, and upland soils throughout the marine 
site. The applicant may use existing data, so long as it was collected 
within the last 5 years and continues to provide accurate information 
about conditions

[[Page 147]]

throughout the site. If not, a new survey must be completed to provide 
supplemental data. The analysis must include an opinion by a registered 
professional engineer specializing in soil mechanics concerning:
    (1) The suitability of the soil to accommodate the anticipated 
design load of each marine component that will be fixed to or supported 
on the ocean floor; and
    (2) The stability of the seabed when exposed to environmental forces 
resulting from severe storms or lesser forces that occur over time, 
including any history of accretion or erosion of the coastline near the 
marine site.
    (o) Archeological information. An analysis of the information from 
the reconnaissance hydrographic survey by a qualified underwater 
archeologist to determine the historical or other significance of the 
area where the site evaluation and pre-construction testing activities 
were conducted. The analysis must meet standards established by the 
Minerals Management Service for activities on the OCS, or an alternative 
standard that has been submitted to and approved by the Coast Guard. The 
survey must include the areas potentially affected by the deepwater 
port, or any other associated platforms, and its pipeline route(s).
    (p) Vessel information. (1) The nation of registry for, and the 
nationality or citizenship of, officers and crew serving on board 
vessels transporting natural gas that are reasonably anticipated to be 
servicing the deepwater port; and
    (2) Description of the information that will be provided in the 
operations manual pertaining to vessel operations, vessel 
characteristics, and weather forecasting.
    (q) Information on floating components. (1) A description and 
preliminary design drawing of each floating component, including the 
hoses, anchoring or securing structure, and navigation lights if the 
component is a mooring buoy.
    (2) The criteria, developed under part 149 of this chapter, to which 
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 will be 
applied.
    (5) A description of safety, firefighting, and pollution prevention 
equipment to be used on each floating component.
    (6) A description of the lighting that will be used on floating 
hoses, for night detection.
    (r) Information on dedicated fixed offshore components. (1) A 
description and preliminary design drawing for each dedicated 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 be 
followed.
    (5) A description of the following equipment that will be installed:
    (i) Navigational lighting;
    (ii) Safety equipment;
    (iii) Lifesaving equipment;
    (iv) Firefighting equipment;
    (v) Pollution prevention equipment, excluding response equipment 
which 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 or 
natural gas throughput measuring, leak detection, emergency shutdown, 
and the alarm system.
    (7) The personnel capacity of each deepwater port pumping platform 
complex.
    (s) Refurbished OCS facilities and co-located fixed offshore 
components. (1) A description and preliminary design drawing for each 
such facility or component.
    (2) The design criteria, developed under part 149 of this chapter, 
to which each facility or component will be designed and built or 
modified;
    (3) The design standards and codes to be used;
    (4) The title of each recommended engineering practice to be 
followed;

[[Page 148]]

    (5) A description of the following equipment to be installed or 
refurbished:
    (i) Navigational lighting;
    (ii) Safety equipment;
    (iii) Lifesaving equipment;
    (iv) Firefighting equipment;
    (v) Pollution prevention equipment, excluding response equipment 
which 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
    (iv) Any associated equipment, including equipment for oil or 
natural gas throughput measuring, leak detection, emergency shutdown, 
and the alarm system.
    (7) The personnel capacity of each deepwater port pumping platform 
complex.
    (t) Information on offshore pipelines. (1) A description and 
preliminary design drawing of the marine pipeline, 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 be 
designed and built.
    (3) The design standards and codes to be used.
    (4) The title of each recommended engineering practice to be 
followed.
    (5) A description of the metering system that will measure flow 
rate.
    (6) Information concerning all submerged or buried pipelines that 
will be crossed by the offshore pipeline, and how each crossing will be 
made.
    (7) Information on the pipeline that will connect to the port, 
including a detailed analysis that shows throughput and capacity rates 
of all pipelines involved in the transport of product to shore.
    (u) Information about onshore components. To the extent known by the 
applicant:
    (1) A description of the location, capacity, and ownership of all 
planned and existing onshore pipelines, storage facilities, refineries, 
petrochemical facilities, and transshipment facilities that will be 
served by the deepwater port. Crude oil or natural gas gathering lines 
and lines wholly within a deepwater port must be included in data about 
onshore components only if specifically required. Entry points and major 
connections between lines and with bulk purchasers must be included.
    (2) A chart showing the location of all planned and existing 
facilities 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 and proposed 
refineries that will receive oil transported through the deepwater port, 
the location and capacity of each such refinery, and the anticipated 
volume of such oil to be refined by each such refinery.
    (v) Information on miscellaneous components. (1) A description of 
each radio station or other communications facility to be used during 
construction and operation of the deepwater port and its proposed 
concept of operation.
    (2) A description of the radar navigation system to be used in 
operation of the deepwater port outlined in the operations manual.
    (3) A description of the method that will be used for bunkering 
vessels using the deepwater port.
    (4) A brief description of the type, size, and number of vessels 
that will be used in bunkering, mooring, and servicing the vessels using 
the deepwater port.
    (5) A description and location of the shore-based support 
facilities, if any, that will be provided for vessels that will be used 
in bunkering, mooring, and servicing the vessels using the deepwater 
port; or that serve as offices or facilities in support of the deepwater 
port operations.
    (6) A copy of the actual radio station license, or, if not 
available, a copy of the application sent to the Federal Communications 
Commission, if available.

[[Page 149]]

    (w) Construction procedures. A description of the method and 
procedures to be used in constructing each component of the deepwater 
port, for example shoreside fabrication, assembly and support, including 
anticipated dates of completion for each specific component during each 
phase of construction.
    (x) Operations manual. A draft of the operations manual for the 
proposed port, containing the information under Sec. 150.15 of this 
chapter, must demonstrate the applicant's ability to operate the port 
safely and effectively. To the extent that circumstances are similar, 
this demonstration can be in the form of evidence appended to the draft 
operations manual of the applicant's participation in the safe and 
effective management or operation of other offshore facilities, for 
example, evidence of compliance with Mineral Management Service 
requirements for those facilities. If the information required for the 
manual is not available, state why it is not and when it will be 
available.
    (y) Risk and consequence assessment. Data to support an independent, 
site-specific analysis to assess the risks and consequences of 
accidental and intentional events that compromise cargo containment. At 
minimum, potential events that result in liquefied natural gas or oil 
spill, vapor dispersion and/or fire will be analyzed. The Coast Guard 
will utilize validated models, for example computational fluid dynamics 
or an equivalent model. The applicant may consult with Commandant (CG-5) 
to ensure that appropriate assessment procedures are used.
    (z) Environmental evaluation. An analysis, sufficient to meet the 
requirements of the National Environmental Policy Act, and as outlined 
in subpart G of this part, of the potential impacts on the natural and 
human environments, including sufficient information that complies with 
all applicable Federal, tribal, and State requirements for the 
protection of the environment.
    (aa) Aids to navigation. (1) For each proposed aid to navigation, 
the proposed position of the aid, described by latitude and longitude 
coordinates to the nearest second or tenth of a second, as determined 
from the largest scale chart of the area in which the aid is to be 
located. Specify latitude and longitude to a level obtained by visual 
interpolation between the finest graduation of the latitude and 
longitude scales on the 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 general 
description 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 apparatus 
on the buoy.
    (5) For the proposed radar beacon, or RACON, height above water and 
a general description of the apparatus.
    (bb) National Pollutant Discharge Elimination System (NPDES). A copy 
of the NPDES Application for Permit to Discharge Short Form D, for 
applying for a discharge permit from the Environmental Protection Agency 
(EPA) and any accompanying studies and analyses. If complete information 
is not available by the time MARAD must either approve or deny the 
application for a designated application area under 33 U.S.C. 
1504(i)(1), the license for the deepwater port is conditioned upon the 
applicant receiving the required discharge permit from the EPA before 
the start of any discharge requiring such a permit. The issuance of the 
permit demonstrates that all potential water discharges have been 
satisfactorily analyzed and water quality control measures implemented 
to mitigate discharges to meet NPDES.
    (cc) Structures' placement and the discharge of dredged or fill 
material. The information required to obtain a Department of the Army 
permit for placement of structures and the discharge of dredged or fill 
material.
    (dd) Additional Federal authorizations. All other applications for 
Federal authorizations not listed elsewhere in

[[Page 150]]

this subpart that are required for ownership, construction, and 
operation of a deepwater port.
    (ee) Sworn statement. A statement that the information in the 
application is true must be placed at the end of the application, sworn 
to before a notary public, and signed by a responsible applicant 
official.



Sec. 148.107  What additional information may be required?

    (a) The Commandant (CG-5), in coordination with MARAD, may require 
the applicant or the applicant's affiliates to file, as a supplement to 
the application, any analysis, explanation, or other information he or 
she deems necessary.
    (b) The Commandant (CG-5) may require the applicant or the 
applicant'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 (CG-5) may set a deadline for receiving the 
information.
    (1) If the applicant states that the required information is not yet 
available but will be at a later date, the Commandant (CG-5) may specify 
a later deadline.
    (2) If a requirement is not met by a deadline fixed under this 
paragraph, the Commandant (CG-5), in coordination with MARAD, may 
determine whether compliance with the requirement is important to 
processing the application within the time prescribed by the Act.
    (3) If the requirement is important to processing the application 
within the time limit set by the Act, the Commandant (CG-5) may 
recommend to the Maritime Administrator that he or she either not 
approve the application or suspend it indefinitely. The deadline for the 
Administrator's review under the Act is extended for a period of time 
equal to the time of the suspension.



Sec. 148.108  What if a Federal or State agency or other interested party 

requests additional information?

    (a) Any Federal or State agency or other interested person may 
recommend that the applicant provide information that is not specified 
by this subchapter.
    (b) Recommendations must state briefly why the information is 
needed.
    (c) The Commandant (CG-5) must receive the request prior to the 
closing dates for the comment periods for scoping, and the draft or 
final environmental impact statement or environmental assessment. MARAD 
will consider the request before making a final decision on whether or 
not to approve the license application.
    (d) The Commandant (CG-5) will consider whether:
    (1) The information requested is essential for processing the 
license application; and
    (2) The time and effort required by the applicant in gathering the 
information will result in an undue delay in the application process.
    (e) The Commandant (CG-5) may discuss the recommendation with the 
recommending person and the applicant prior to issuing a determination.



Sec. 148.110  How do I prepare my application?

    (a) Any person may confer with the Commandant (CG-5) concerning 
requirements contained in this rule for the preparation of an 
application or the requirements of this subchapter.
    (b) The applicant may incorporate, by clear and specific reference 
in the application:
    (1) Standard reference material that the applicant relied on that is 
readily available to Federal and State agencies;
    (2) Current information contained in previous applications or 
reports that the applicant has submitted to the application staff; or
    (3) Current information contained in a tariff, report, or other 
document previously filed for public record with the Surface 
Transportation Board or the Securities and Exchange Commission, if:
    (i) A certified true and complete copy of the document is attached 
to each copy of the application as required by Sec. 148.115(a);
    (ii) The date of filing and the document number are on the cover of 
the document; and

[[Page 151]]

    (iii) Any verification or certification required for the original 
filing, other than from auditors or other independent persons, is dated 
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 I 

send them?

    Send the following copies of the application:
    (a) Two printed copies and three electronic versions to the 
Commandant (CG-522), 2100 2nd St., SW., Stop 7126, Washington, DC 20593-
7126.
    (b) Two printed copies and two electronic versions to the MARAD 
Administrator, 400 7th Street SW., Washington, DC 20590.
    (c) One copy to the U.S. Army Corps of Engineers District Office 
having jurisdiction over the proposed port. For the address, see http://
www.usace.army.mil/.
    (d) Additional printed and electronic copies for distribution to 
Federal, tribal, and State regulatory agencies involved in reviewing the 
application in accordance with the needs of each agency.

[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2010-
0351, 75 FR 36284, June 25, 2010]



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 additional information 
is necessary to make an application complete, no additional application 
fee is required.
    (b) The costs incurred by the Federal Government in processing an 
application will be charged to the application fee until it is 
exhausted. If the fee is exhausted and the Federal Government incurs 
further processing costs, the applicant will be charged for the 
additional costs. The Commandant (CG-5) will periodically advise the 
applicant of the status of expenses incurred during the application 
process.
    (c) Additional costs attributable to processing a deepwater port 
license application and post-license activities, for example the 
engineering plan review or development of the final operations manual, 
are due when they are assessed, and must be paid by the applicant prior 
to commencing operation of the deepwater port.
    (d) Application fees and additional costs assessed under this 
section must be made payable to the United States Treasury, and 
submitted to the Commandant (CG-5).



                    Subpart C_Processing Applications

                                 General



Sec. 148.200  What is the purpose of this subpart?

    This subpart prescribes the requirements for processing an 
application 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 (CG-5) maintains the docket for each application.
    (1) The docket contains a copy of all documents filed or issued as 
part of the application process.
    (2) Recommendations submitted by Federal departments and agencies 
under 33 U.S.C. 1504(e)(2) are docketed when they are received.
    (3) Copies of applicable National Environmental Policy Act documents 
prepared under 33 U.S.C. 1504(f) are docketed when they are sent to the 
Environmental Protection Agency.
    (b) For a document designated as protected from disclosure under 33 
U.S.C. 1513(b), the Commandant (CG-5):
    (1) Prevents the information in the document from being disclosed, 
unless the Commandant (CG-5) states that the disclosure is not 
inconsistent with 33 U.S.C. 1513(b); and
    (2) Keeps a record of all individuals who have a copy of the 
document.

[[Page 152]]



Sec. 148.207  How and where may I view docketed documents?

    (a) All material in a docket under Sec. 148.205 is available to the 
public for inspection and copying at Commandant (CG-5) at the address 
under ``Commandant (CG-5)'' in Sec. 148.5, except for:
    (1) Contracts under 33 U.S.C. 1504(c)(2)(B) for the construction or 
operation of a deepwater port; and
    (2) Material designated under paragraph (b) of this section as a 
trade secret, or commercial or financial information that is claimed to 
be privileged or confidential.
    (b) A person submitting material that contains either a trade secret 
or commercial or financial information under paragraph (a)(2) of this 
section must designate those portions of the material that are 
privileged or confidential. Section 148.221 contains procedures for 
objecting to these claims.
    (c) Docketed material for each deepwater port project is also 
available to the public electronically at the Department of 
Transportation Docket Management System Web site at http://
www.dot.dms.gov. The projects are also listed by name and the 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 (CG-5), in cooperation with the Maritime 
Administrator, processes each application and the Maritime 
Administration publishes the notice of application under 33 U.S.C. 
1504(c) in the Federal Register. Upon publication of a notice of 
application, the Commandant (CG-5) ensures delivery of copies of the 
application to:
    (a) Each Federal agency with jurisdiction over any aspect of 
ownership, construction, or operation of deepwater ports. A complete 
listing of the Federal agencies involved with deepwater port licensing 
is outlined in the Deepwater Port Interagency MOU available at the 
following 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 and tribal 
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 an 
application, the information in it changes or becomes incomplete, the 
applicant must promptly submit the changes or additional information in 
the manner set forth in Sec. 148.115 of this part.
    (b) The Coast Guard may determine that the change or required 
information is of such magnitude that it warrants submission of a 
complete revised application.



Sec. 148.213  How do I withdraw my application?

    The applicant may withdraw an application at any time before the 
proceeding is terminated by delivering or mailing notice of withdrawal 
to the Commandant (CG-5) 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 a 
proposed deepwater port, and has existing plans for a deep draft channel 
and harbor, a representative of the port may request a determination 
under 33 U.S.C. 1503(d).
    (b) The request must be sent, in writing, to the Commandant (CG-5) 
within 30 days after the date that the notice of application for the 
deepwater port is published in the Federal Register.
    (c) The request must contain:
    (1) A signature of the highest official of the port submitting the 
request;
    (2) A copy of the existing plans for the construction of a deep 
draft channel and harbor;
    (3) Certification that the port has an active study by the Secretary 
of the Army for the construction of a deep draft channel and harbor, or 
that the port has an application pending for a permit under 33 U.S.C. 
403 for the construction;
    (4) Any available documentation on:
    (i) Initial costs, by phases if development is staged, for the 
proposed onshore project, including dredging, ship terminal, and 
attendant facilities;
    (ii) Estimated annual operating expenses, by phases if development 
is staged, including labor, for 30 years for all elements of the 
project;

[[Page 153]]

    (iii) Estimated completion time for all elements of the project;
    (iv) Estimated vessel traffic volume, and the volume and variety of 
the tonnage;
    (v) Potential traffic congestion conditions in the port, and the 
port's ability to control vessel traffic as a result of the proposed 
dredging project;
    (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 local 
and regional community; and
    (viii) An estimate of the economic impact that the deepwater port 
license will have on the proposed project.
    (d) A statement whether the port seeks a determination that the port 
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 application 
published in the Federal Register. However, a State not named as an 
adjacent coastal State in the notice may request to be designated as one 
if the environmental risks to it are equal to or greater than the risks 
posed to a State directly connected by pipeline to the proposed 
deepwater port.
    (b) The request must:
    (1) Be submitted in writing to the Commandant (CG-5) within 14 days 
after the date of publication of the notice of application in the 
Federal Register;
    (2) Be signed by the Governor of the State;
    (3) List the facts and any available documentation or analyses 
concerning the risk of damage to the coastal environment of the State; 
and
    (4) Explain why the State believes the risk of damage to its coastal 
environment is equal to or greater than the risk to a State connected by 
a pipeline to the proposed deepwater port.
    (c) Upon receipt of a request, the Commandant (CG-5) will send a 
copy of the State's request to the Administrator of the National Oceanic 
and Atmospheric Administration (NOAA) and ask for the Administrator's 
recommendations within an amount of time that will allow the Commandant 
(CG-5) and the MARAD Administrator 45 days from receipt of the request 
to determine the matter.
    (d) If after receiving NOAA's recommendations the Commandant (CG-5), 
in concurrence with MARAD Administrator, determines that the State 
should be considered an adjacent coastal State, the Commandant (CG-5), 
in concurrence with the MARAD Administrator, will so designate it. If 
the Commandant (CG-5), in concurrence with the MARAD Administrator, 
denies the request, he or she will notify the requesting State's 
Governor of the denial.



Sec. 148.221  How do I claim, or object to a claim, that required information 

is privileged?

    (a) Any person may claim that specific information required pursuant 
to this part should be withheld because it is privileged, and any person 
can object to that claim.
    (b) Requests or objections must be submitted to the Commandant (CG-
5) in writing, with sufficient specificity to identify the information 
at issue, and to show why it should or should not be considered 
privileged.
    (c) The Commandant (CG-5) determines whether to grant or deny a 
claim of privilege.
    (d) Submission of a claim stays any deadline for providing the 
information at issue, unless the claim is made pursuant to the 
protection for confidential information that is provided by 33 U.S.C. 
1513(b), in which case deadlines are not stayed. The Commandant (CG-5) 
may also determine that the information at issue is so material that 
processing of the application must be suspended pending the 
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 license hearing 
under 33 U.S.C. 1504(g) must be held in each adjacent coastal State. 
Other Federal

[[Page 154]]

statutes and regulations may impose additional requirements for public 
hearings or meetings, and if not otherwise prohibited, a hearing under 
this paragraph may be consolidated with any such additional hearing or 
meeting.
    (b) The Commandant (CG-5) or the MARAD Administrator will publish a 
notice of public hearings or meetings in the Federal Register, and will 
mail or deliver a copy of the notice to the applicant, to each adjacent 
coastal State, and to all who request a copy.
    (c) Anyone may attend a public hearing or meeting and provide 
relevant oral or written information. The presiding officer may limit 
the 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 presiding 
officer forwards a report on the hearing or meeting to the Commandant 
(CG-5) 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 announces 
the 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 this part are 
concluded, the Commandant (G-PSO), in coordination with the MARAD 
Administrator, will consider whether there are one or more specific and 
material factual issues that may be resolved by a formal evidentiary 
hearing.
    (b) If the Commandant (G-PSO), in coordination with the MARAD 
Administrator, determines that one or more issues under paragraph (a) of 
this section exist, the Coast Guard will hold at least one formal 
evidentiary hearing under 5 U.S.C. 554 in the District of Columbia.
    (c) The Commandant (G-PSO) files a request for assignment of an 
administrative law judge (ALJ) with the ALJ Docketing Center. The Chief 
ALJ designates an ALJ or other person to conduct the hearing.
    (d) The recommended findings and the record developed in a hearing 
under paragraph (b) of this section are considered by the MARAD 
Administrator in deciding whether to approve or deny a license.



Sec. 148.230  How is notice of a formal hearing given?

    (a) The Commandant (CG-5) publishes a notice of the hearing in the 
Federal Register and sends a notice of the hearing to the applicant, to 
each adjacent coastal State, and to each person who requests such a 
notice.
    (b) The notice of the hearing includes the applicant's name, the 
name of the ALJ assigned to conduct the hearing, a list of the factual 
issues to be resolved, the address where documents are to be filed, and 
the address where a copy of the rules of practice, procedure, and 
evidence to be used at the hearing is available.



Sec. 148.232  What are the rules for a formal hearing?

    (a) The Commandant (CG-5) determines the rules for each formal 
hearing. Unless otherwise specified in this part, the Commandant (CG-5) 
applies the rules of practice, procedure, and evidence in part 20 of 
this chapter.
    (b) The Commandant (CG-5) sends a written copy of the procedure to 
the applicant, each person intervening in the proceedings, and each 
person who requests a copy.



Sec. 148.234  What are the limits of an Administrative Law Judge (ALJ)'s 

jurisdiction?

    (a) An ALJ's jurisdiction begins upon assignment to a proceeding.
    (b) An ALJ's jurisdiction ends after the recommended findings are 
filed with the Commandant (CG-5) or immediately after the ALJ issues a 
notice of withdrawal from the proceeding.

[[Page 155]]



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;
    (e) Examine witnesses;
    (f) Rule on motions of the parties;
    (g) Suspend or bar an attorney from representing a person in the 
proceeding for unsuitable conduct;
    (h) Exclude any person for disruptive behavior during the hearing;
    (i) Set the hearing schedule;
    (j) Certify questions to the Commandant (CG-5);
    (k) Proceed with a scheduled session of the hearing in the absence 
of a party who failed to appear;
    (l) Extend or shorten a non-statutorily imposed deadline under this 
subpart within the 240-day time limit for the completion of public 
hearings in 33 U.S.C. 1504(g);
    (m) Set deadlines not specified in this subpart or the Deepwater 
Ports Act; and
    (n) Take any other action authorized by or consistent with this 
subpart, 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 (CG-5); 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 formal 
hearing.
    (b) A person must file a petition of intervention within 10 days of 
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 those 
issues; and
    (3) Designate the name and address of a person who can be served if 
the petition is granted.
    (c) An adjacent coastal State need only file a notice of 
intervention with the ALJ Docketing Center.
    (d) The ALJ has the authority to limit the scope and period of 
intervention during the proceeding.
    (e) If the ALJ denies a petition of intervention, the petitioner may 
file a notice of appeal with the ALJ Docketing Center within 7 days 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 the 
notice of appeal may do so within 7 days of filing the notice.
    (f) The Commandant (CG-5) will rule on the appeal. The ALJ does 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 present 

evidence at the hearing?

    (a) A person who is not a party to a formal hearing may present 
evidence at the hearing if he or she sends a petition to present 
evidence to the ALJ Docketing Center before the beginning of the formal 
hearing. The petition must describe the evidence that the person will 
present and show its relevance to the issues listed in the notice of 
formal hearing.
    (b) If a petition is granted, the ruling will specify which evidence 
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 be 
represented by an attorney. Individuals may represent themselves.
    (b) Any attorney representing a party to the proceeding must file a 
notice of appearance according to Sec. 20.301(b) of this chapter.
    (c) Each attorney must be in good standing and licensed to practice 
before a court of the United States or the highest court of any State, 
territory, or possession of the United States.

[[Page 156]]



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 is considered 
filed on the date it is postmarked. If a document is submitted by hand 
delivery or electronically, it is considered filed on the date received 
by the clerk.
    (b) File all documents and other materials related to an 
administrative proceeding at the U.S. Coast Guard Administrative Law 
Center, Attention: Hearing Docket Clerk, room 412, 40 South Gay Street, 
Baltimore, MD, 21201-4022.



Sec. 148.248  What happens when a document does not contain all necessary 

information?

    Any document that does not satisfy the requirements in Sec. Sec. 
20.303 and 20.304 of this chapter will be returned to the person who 
submitted it with a statement of the reasons 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 be served 
upon:
    (a) All other parties; and
    (b) The Commandant (CG-5).



Sec. 148.252  What is the procedure for serving a subpoena?

    (a) A party may submit a request for a subpoena to the 
Administrative Law Judge (ALJ). The request must show the relevance and 
scope of the evidence sought.
    (b) Requests should be submitted sufficiently in advance of the 
hearing so that exhibits and witnesses can be included in the lists 
required by Sec. 20.601 of this chapter, but may be submitted later and 
before the end of the hearing, if good cause is shown for the late 
submission.
    (c) A request for a subpoena must be submitted to the ALJ.
    (d) A proposed subpoena, such as the form in http://
cgweb.comdt.uscg.mil/g-cj/subpoena.doc, must be submitted with the 
request. If you do not use this form, the proposed subpoena must 
contain:
    (1) The docket number of the proceedings;
    (2) The captions ``Department of Homeland Security,'' ``Coast 
Guard,'' and ``Licensing of deepwater port for coastal waters off 
(insert name of the coastal State closest to the 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 the 
person to whom the subpoena is directed to attend the formal hearing and 
give testimony;
    (5) For a subpoena producing documentary evidence, a statement 
commanding 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) of this 
chapter and paragraph (h) of this section for quashing a subpoena.
    (e) The procedure for serving a subpoena must follow Rule 45 of the 
Federal Rules of Civil Procedure, unless the ALJ authorizes another 
procedure.
    (f) The witness fees for a subpoenaed witness are the same as the 
fees for witnesses subpoenaed in U.S. District Courts. The person 
requesting the subpoena must pay these fees.
    (g) When serving a subpoena, a party must include witness fees in 
the form of a check to the individual or organization for one day plus 
mileage, or, in the case of a government-issued subpoena, a form SF-1157 
so a witness may receive fees and mileage reimbursement.
    (h) Any person served with a subpoena has 10 days from the time of 
service to move to quash the subpoena.
    (i) If a person does not comply with a subpoena, the ALJ decides 
whether judicial enforcement of the subpoena is necessary. If the ALJ 
decides it is, the Commandant (CG-5) 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. Nothing may be 
deleted from the transcript, unless ordered by the ALJ and noted in the 
transcript.

[[Page 157]]

    (b) After a formal hearing is completed, the ALJ certifies and 
forwards the record, including the transcript, to the clerk to be placed 
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. When corrections 
are filed, they are attached as appendices.
    (d) Any motion to correct the record must be submitted within 10 
days after the record is docketed.



Sec. 148.256  What happens at the conclusion of a formal hearing?

    After closing the record of a formal hearing, the Administrative Law 
Judge (ALJ) prepares a recommended finding on the issues that were the 
subject of the hearing. The ALJ submits that finding to the Commandant 
(CG-5).

                  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 strict 
timelines for action on a license application, which, if closely 
observed, can lead to action in just under 1 year. The Coast Guard, in 
concurrence with MARAD, can suspend the process if an applicant fails to 
provide timely information or requests additional time to comply with a 
request.
    (b) The Coast Guard must conduct public hearings in each adjacent 
Coastal State within 240 days of publishing the notice of receipt of a 
deepwater port license application.
    (c) MARAD issues a record of decision (ROD) approving or denying a 
license application within 90 days after the final public hearing. 
Actual issuance of a license may not take place until certain conditions 
imposed by the ROD have been met. Those conditions may include how the 
applicant must address design, construction, installation, testing, 
operations, and decommissioning of the port, or meet the requirements of 
other agencies.



Sec. 148.277  How may Federal agencies and States participate in the 

application process?

    (a) Under Sec. 148.209, Federal agencies and adjacent coastal 
States are sent copies of the application. The agencies and States are 
encouraged to begin submitting their comments at that time.
    (b) To be considered, comments from Federal agencies and adjacent 
coastal States must be received by the Commandant (CG-5) within 45 days 
after the close of the public hearing period specified in Sec. 
148.276(b). Separate comment periods will apply to the review of 
documents created during the National Environmental Policy Act process. 
Both the Commandant (CG-5) and MARAD review the comments received.
    (c) Comments should identify problems, if any, and suggest possible 
solutions.



Sec. 148.279  What are the criteria for approval or denial of an application?

    The criteria for approving or denying a license application appear 
in 33 U.S.C. 1503.



Sec. 148.281  What happens when more than one application is submitted for a 

deepwater port in the same application area?

    (a) When more than one application is submitted for a deepwater port 
in the same application area under 33 U.S.C. 1504(d), only one 
application is approved. Except as provided in paragraph (b) of this 
section, applicants receive priority in the following order:
    (1) An adjacent coastal State or combination of States, political 
subdivision of the State, or an agency or instrumentality, including a 
wholly 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 if it 
determines that that port will best serve the national interest. In 
making this determination, MARAD considers:
    (1) The degree to which each deepwater port will affect the 
environment, as determined under the review criteria in subpart G to 
this part;

[[Page 158]]

    (2) The differences between the anticipated completion dates of the 
deepwater ports; and
    (3) The differences in costs for construction and operation of the 
ports that would be passed on to consumers of oil.
    (c) This section does not apply to applications for natural gas 
deepwater ports.



Sec. 148.283  When is the application process stopped before the application 

is approved or denied?

    The Commandant (CG-5) recommends to MARAD that the application 
process be suspended before the application is approved or denied if:
    (a) All applications are withdrawn before MARAD approves one of 
them; or
    (b) There is only one application; it is incomplete, and the 
applicant does not respond to a request by the Commandant (CG-5) 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 the 
procedures 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 licensee and 
the port, and any conditions of its own or of another agency that may be 
described by MARAD in the license. Licenses are issued in conformance 
with the Deepwater Ports Act of 1974, as amended, and with rules and 
policies of MARAD that implement that Act.



Sec. 148.307  Who may consult with the Commandant (CG-5) and the MARAD Administrator on developing the proposed conditions of a license?

    Federal agencies, the adjacent coastal States, and the owner of the 
deepwater port may consult with the Commandant (CG-5) and the MARAD 
Administrator on the conditions of the license being developed under 33 
U.S.C. 1503(e).



Sec. 148.310  How long does a license last?

    Each license remains in effect indefinitely subject to the 
following:
    (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 finds 
that the amendment, transfer, or reinstatement is consistent with the 
requirements of the Act and this subchapter.
    (b) The owner must submit a request for an amendment, transfer, or 
reinstatement to the Commandant (CG-5) or the MARAD Administrator.



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 initiate 

removal?

    Within 2 years of port decommissioning, the licensee must initiate 
removal procedures. The Commandant (CG-5) will advise and coordinate 
with appropriate Federal agencies and the States concerning activities 
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 and that 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 and pre-
construction testing'' means studies performed at

[[Page 159]]

potential deepwater port locations, including:
    (1) Preliminary studies to determine the feasibility of a site;
    (2) Detailed studies of the topographic and geologic structure of 
the ocean bottom to determine its ability to support offshore structures 
and other equipment; and
    (3) Studies done for the preparation of the environmental analysis 
required under Sec. 148.105.



Sec. 148.405  What are the procedures for notifying the Commandant (CG-5) 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 must 
submit a written notice to the Commandant (CG-5) at least 30 days before 
the beginning of the evaluation or testing. The Commandant (CG-5) 
advises and coordinates with appropriate Federal agencies and 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 evaluation 
and 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 the 
locations 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 the 
activities;
    (7) A preliminary report, based on existing data, of the historical 
and archeological significance of the area where the proposed activities 
are to take place. The report must include contacts made with any 
appropriate State liaison officers for historic preservation; and
    (8) Additional information, if necessary, in individual cases.
    (c) For the following activities, the notice only needs the 
information required in paragraphs (b)(1), (b)(2), and (b)(5) of this 
section, as well as a general indication of the proposed location and 
purpose of the activities, including:
    (1) Gravity and magneto-metric measurements;
    (2) Bottom and sub-bottom acoustic profiling, within specified 
limits, without the use of explosives;
    (3) Sediment sampling of a limited nature using either core or grab 
samplers, and the specified diameter and depth to which the sampling 
would penetrate if geological profiles indicate no discontinuities that 
may have archeological significance;
    (4) Water and biotic sampling if the sampling does not adversely 
affect shellfish beds, marine mammals, or an endangered species, or if 
the sampling is permitted by another Federal agency;
    (5) Meteorological measurements, including the setting of 
instruments;
    (6) Hydrographic and oceanographic measurements, including the 
setting of instruments; and
    (7) Small diameter core sampling to determine foundation conditions.
    (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-construction 
testing unless it complies with this subpart and other applicable laws.
    (b) Measures must be taken to prevent or minimize the effect of 
activities under Sec. 148.400(a).



Sec. 148.415  When conducting site evaluation and pre-construction testing, 

what must be reported?

    (a) When conducting site evaluation or pre-construction testing, the 
following must be immediately reported by any means to the Commandant 
(CG-5):
    (1) Any evidence of objects of cultural, historical, or 
archeological 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

[[Page 160]]

    (5) Any adverse effect on an object of cultural, historical, or 
archeological significance.
    (b) Within 120 days after the site evaluation or pre-construction 
testing, a final written report must be submitted to the Commandant (CG-
5) that contains:
    (1) A narrative description of the activities performed;
    (2) A chart, map, or plat of the area where the activities occurred;
    (3) The dates when the activities were performed;
    (4) Information on the adverse effects of items reported under 
paragraph (a) of this section;
    (5) Data on the historical or archeological significance of the area 
where the activities were conducted, including a report by an underwater 
archeologist; and
    (6) Any additional information required by the Commandant (CG-5) on 
a case-by-case basis.



Sec. 148.420  When may the Commandant (CG-5) suspend or prohibit site 

evaluation or pre-construction testing?

    (a) The Commandant (CG-5) may order, either in writing or orally, 
with written confirmation, the prohibition or immediate suspension 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 (CG-5) will consult with the applicant on 
measures to remove the cause for suspension.
    (c) The Commandant (CG-5) may lift a suspension after the applicant 
assures the Commandant (CG-5) that the activity will no longer cause the 
threat on which the suspension was based.



    Subpart F_Exemption From or Adjustments to Requirements in This 

                               Subchapter



Sec. 148.500  What does this subpart do?

    This subpart provides procedures for requesting an exemption from a 
requirement in this subchapter. The Commandant (CG-5) and MARAD 
coordinate in evaluating requests for exemption from the requirements in 
this subchapter.



Sec. 148.505  How do I apply for an exemption?

    (a) Any person required to comply with a requirement in this 
subchapter may submit a petition for exemption from that requirement.
    (b) The petition must be submitted in writing to the Commandant (CG-
5) and the MARAD Administrator.
    (c) The Commandant (CG-5) may require the petition to provide an 
alternative to the requirement.



Sec. 148.510  What happens when a petition for exemption involves the 

interests of an adjacent coastal State?

    If the petition for exemption concerns an adjacent coastal State, 
the Commandant (CG-5) forwards the petition to the Governor of the State 
for the Governor's recommendation.



Sec. 148.515  When is an exemption allowed?

    The Commandant (CG-5) may recommend that MARAD allow an exemption if 
he or she determines that:
    (a) Compliance with the requirement would be contrary to public 
interest;
    (b) Compliance with the requirement would not enhance safety or the 
health of the environment;
    (c) Compliance with the requirement is not practical because of 
local conditions or because the materials or personnel needed for 
compliance are unavailable;
    (d) National security or national economy justifies a departure from 
the rules; or
    (e) The alternative, if any, proposed in the petition would:
    (1) Ensure comparable or greater safety, protection of the 
environment, and quality of deepwater port construction, maintenance, 
and operation; and

[[Page 161]]

    (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 in 
accordance 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 liability 
for deepwater ports set by 33 U.S.C. 2704(a)(4), pursuant to paragraph 
(d) of that section, particularly for natural gas deepwater ports that 
will store or use oil in much smaller amounts than an oil deepwater 
port.
    (b) Requests to adjust the limit of liability for a deepwater port 
must be submitted to the Commandant (CG-5). Adjustments are established 
by a rulemaking with public notice and comment that may take place 
concurrently with the processing of the deepwater port license 
application.



       Subpart G_Environmental Review Criteria for Deepwater Ports



Sec. 148.700  How does the Deepwater Port Act interact with other Federal and 

State laws?

    (a) Nothing in this subpart supersedes any Federal, tribal, or State 
requirements for the protection of the environment.
    (b) The applicant must prepare and submit applications to each 
respective agency that requires a permit or license to operate the port.
    (c) A list of Federal and State agencies that require certification 
includes, but is not limited to:
    (1) The Environmental Protection Agency, for Clean Air Act and Clean 
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 pipeline 
approvals, and the appropriate State environmental agency or permitting 
agency.



Sec. 148.702  How were the environmental review criteria developed?

    Under 33 U.S.C. 1505, the Commandant (CG-5) must establish 
environmental review criteria for use in evaluating a proposed deepwater 
port. In developing these criteria, the Coast Guard considers the 
requirements for compliance with Federal and State mandates for the 
protection of the environment contained in, but not limited to, such 
guidance as published by:
    (a) The Council on Environmental Quality in 40 CFR parts 1500-1508;
    (b) Department of Homeland Security Directive 5100.1, Environmental 
Planning Program; and
    (c) The Coast Guard in Commandant Instruction M16475.1D, National 
Environmental Policy Act Implementing Procedures and Policy for 
Considering Environmental Impacts.



Sec. 148.705  What is determined by the environmental evaluation?

    (a) The environmental criteria to be used in evaluating a license 
application are established by general consensus of expertise, 
scientific opinion, public interest, and institutional requirements, 
such as laws and regulations established for the protection of the 
environment. Criteria that may be established in future environmental 
regulations or other requirements to protect the environment will also 
be used.
    (b) The environmental criteria to be used in evaluating a license 
application are applied to all relevant aspects of:
    (1) The fabrication, construction, operation, and decommissioning 
phases 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 the 
proposed location; and
    (6) The No Action alternative and other reasonable alternatives.
    (c) The criteria are also applied in a manner that takes into 
account the cumulative effects of other reasonably foreseeable actions 
as outlined in Sec. 148.707.

[[Page 162]]



Sec. 148.707  What type of criteria will be used in an environmental review 

and how will they be applied?

    (a) The license application will be reviewed for the deepwater 
port's effects on the environment and for the environment's effects on 
the port and any of its shoreside support facilities.
    (b) The environmental evaluation will be applied to the phases of 
construction, 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;
    (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 to 
protect against or minimize these dangers; and
    (4) The effect on human health and welfare, including socioeconomic 
impacts, environmental justice and protection of children 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 officially 
promulgated, to minimize the subsequent impact that potential 
regulations may have on a licensee, an applicant can and should reflect 
reasonably foreseeable environmental regulations in planning, operating, 
and decommissioning a deepwater port.



Sec. 148.709  How are these criteria reviewed and revised?

    The Commandant (CG-5) periodically reviews and may revise these 
criteria. Reviews and revisions are conducted in accordance with Sec. 
148.700 of this subpart. The criteria established are consistent 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 under 
the Act, with or without conditions, if certain specified conditions are 
met. The relevant environmental considerations include, but are not 
limited to, the following:
    (1) Construction and operation of the deepwater port that will be in 
the national interest and consistent with national security and other 
national policy goals and objectives, including energy sufficiency, 
environmental quality, protection from the threat of terrorist attack 
and other subversive activity against persons and property on the port 
and the vessels and crews calling at the port; and
    (2) Under the environmental review criteria in Sec. 148.707 of this 
subpart, the applicant has demonstrated that the deepwater port will be 
fabricated, constructed, operated, and decommissioned using the best 
available technology to prevent or minimize 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 in 
the preparation of a single detailed environmental impact statement or 
environmental assessment for all timely applications covering a single 
application area. Additionally, 33 U.S.C. 1504(i)(3) specifies that if 
more than one application is submitted for an ``application area,'' as 
defined in 33 U.S.C. 1504(d)(2), the criteria must be used, among other 
factors, in determining whether any one proposed deepwater port for oil 
clearly best serves the national interest.
    (c) In accordance with 40 CFR 1502.9, the Commandant (CG-5) will 
prepare a supplement to a final environmental impact statement if there 
is significant new information or circumstances relevant to 
environmental concerns and bearing on the deepwater port and related 
activities affecting its location site, construction, operation or 
decommissioning.



Sec. 148.715  How is an environmental review conducted?

    The environmental review of a proposed deepwater port and reasonable

[[Page 163]]

alternatives consists of Federal, tribal, State, and public review of 
the following two parts:
    (a) An evaluation of the proposal's completeness of environmental 
information and quality of assessment, probable environmental impacts, 
and identification of procedures or technology that might mitigate 
probable 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 to mitigate 
its probable environmental impacts. This evaluation will assess the 
applicant's consideration of the criteria in 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 and alternative 
sites for the deepwater port will be evaluated on the basis of how well 
each:
    (a) Optimizes location to prevent or minimize detrimental 
environmental effects;
    (b) Minimizes the space needed for safe and efficient operation;
    (c) Locates offshore components in areas with stable sea bottom 
characteristics;
    (d) Locates onshore components where stable foundations can be 
developed;
    (e) Minimizes the potential for interference with its safe operation 
from existing offshore structures and activities;
    (f) Minimizes the danger posed to safe navigation by surrounding 
water depths and currents;
    (g) Avoids extensive dredging or removal of natural obstacles such 
as reefs;
    (h) Minimizes the danger to the port, its components, and tankers 
calling at the port from storms, earthquakes, or other natural hazards;
    (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, and 
critical habitats including commercial and sport fisheries, threatened 
or endangered species habitats, wetlands, flood plains, coastal 
resources, 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 or features 
that are important to natural currents and wave patterns; and
    (o) Avoids dredging in areas where sediments contain high levels of 
heavy metals, biocides, oil or other pollutants or hazardous materials, 
and in areas designated wetlands or other protected coastal resources.



Sec. 148.722  Should the construction plan incorporate best available 

technology and recommended industry practices?

    Each applicant must submit a proposed construction plan. It must 
incorporate best available technology and recommended industry practices 
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 port proposal and 
reasonable alternatives will be evaluated on the basis of how well they:
    (a) Reflect the use of best available technology in design, 
construction procedures, operations, and decommissioning;
    (b) Include safeguards, backup systems, procedures, and response 
plans to minimize the possibility and consequences of pollution 
incidents such as spills and discharges, while permitting safe operation 
with appropriate safety margins under maximum operating loads and the 
most adverse operating conditions;
    (c) Provide for safe, legal, and environmentally sound waste 
disposal, resource recovery, affected area reclamation, and enhanced use 
of spoil and waste;

[[Page 164]]

    (d) Avoid permanent interference with natural processes or features 
that are important to natural currents and wave patterns;
    (e) Avoid groundwater drawdown or saltwater intrusion, and minimizes 
mixing salt, fresh, and brackish waters;
    (f) Avoid disrupting natural sheet flow, water flow, and drainage 
patterns or systems;
    (g) Avoid interference with biotic populations, especially breeding 
habitats or migration routes;
    (h) Maximize use of existing facilities;
    (i) Provide personnel trained in oil spill prevention at critical 
locations identified in the accident analysis;
    (j) Provide personnel trained in oil spill mitigation; and
    (k) Plan for safe and effective removal of the deepwater port in the 
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 port proposal and 
reasonable alternatives will be evaluated on the basis of how well they:
    (a) Accord with existing and planned land use, including management 
of the coastal region, for which purpose the proposal must be 
accompanied by a consistency determination from appropriate State 
agencies for any designated adjacent coastal State;
    (b) Adhere to proposed local and State master plans;
    (c) Minimize the need for special exceptions, zoning variances, or 
non-conforming uses;
    (d) Plan flood plain uses in ways that will minimize wetlands loss, 
flood damage, the need for federally-funded flood protection or flood 
relief, or any decrease in the public value of the flood plain as an 
environmental resource; and
    (e) Avoid permanent alteration or harm to wetlands, and take 
positive 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 port proposal and 
reasonable alternatives will be evaluated on the basis of how 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 cultural 
significance of the area, including any potential requirements for 
historical preservation;
    (d) Minimize harmful impacts to minorities and children; and
    (e) Plan for serious consideration of the proposal that offers the 
least potential for environmental harm to the region, or potential 
mitigation actions, when conflict exists between two or more proposed 
uses for a site.



Sec. 148.737  What environmental statutes must an applicant follow?

    In constructing and operating a deepwater port, the port must comply 
with all applicable Federal, State, and tribal environmental statutes. 
For the purposes of information, a list of Federal environmental 
statutes and Executive Orders (E.O.s) that may apply includes but is not 
limited to: Abandoned Shipwreck Act (ASA), 43 U.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 
Barriers Act, 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.; Coastal Barrier 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 
Environmental Response Facilitation Act (CERFA), 42 U.S.C. 9620, et. 
seq.; Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980 (CERCLA), also commonly referred to as Superfund, Pub. L. 
96-510, 26 U.S.C. 4611, et. seq.; Consultation and Coordination With 
Indian Tribal Governments, E.O. 13175, 65 FR 67249; Coral Reef 
Protection, E.O. 13089, 63 FR 32701; Department of Transportation Act, 
Section 4(f), Pub. L. 89-670, 49 U.S.C. 303, Section 4(f), et. seq.; 
Emergency

[[Page 165]]

Planning and Community Right-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 at Federal 
Facilities, E.O. 12902, 59 FR 11463; Environmental Effects Abroad of 
Major Federal Agencies, E.O. 12114, 44 FR 1957; Environmental Quality 
Improvement Act, Pub. L. 98-581, 42 U.S.C. 4371, et. seq.; Farmlands 
Protection Policy Act, Pub. L. 97-98, 7 U.S.C. 4201, et. seq.; Federal 
Actions to Address Environmental Justice in Minority Populations and 
Low-Income Populations, E.O. 12898, 59 FR 7629; Federal Compliance with 
Pollution Control Standards, E.O. 12088, 43 FR 47707; Federal 
Insecticide, Fungicide, and 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 and Wildlife 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 Act 
of 1976, Pub. L. 94-265, 16 U.S.C. 1801, et. seq.; Flood Disaster 
Protection Act, 42 U.S.C. 4001, et. seq.; Flood Plain Management and 
Protection, E.O. 11988, 42 FR 26951; Greening the Government 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 Facilities on Historic Properties in our Nation's 
Central Cities, E.O. 13006, 61 FR 26071; Magnuson-Stevens Fishery 
Conservation and Management Act as amended through October 11, 1996, 16 
U.S.C. 1801, et. seq.; Marine Mammal Protection Act of 1972 (MMPA), Pub. 
L. 92-522, 16 U.S.C. 1361; Marine Protected Areas, E.O. 13158, 65 FR 
24909; Marine Protection, 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 of 1969 (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 Graves Protection 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), 42 U.S.C. 13101-13109, et. seq.; Protection and 
Enhancement of Cultural Environmental Quality, E.O. 11593, 36 FR 8921; 
Protection and 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 FR 
26961; Recreational Fisheries, E.O. 12962, 60 FR 307695; Resource 
Conservation and Recovery Act of 1976 (RCRA), Pub. L. 94-580, 42 U.S.C. 
6901, et. seq.; Responsibilities of Federal Agencies to Protect 
Migratory Birds, E.O. 13186, 66 FR 3853; Safe Drinking Water 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, 16 U.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-approved equipment?
149.15 What is the process for submitting alterations and modifications 
          affecting the design and construction of a deepwater port?

                Subpart B_Pollution Prevention Equipment

149.100 What does this subpart do?
149.103 What are the requirements for discharge containment and removal 
          material and equipment?
149.105 What are the requirements for the overflow and relief valves?
149.110 What are the requirements for pipeline end manifold shutoff 
          valves?
149.115 What are the requirements for blank flange and shutoff valves?
149.120 What are the requirements for manually operated shutoff valves?
149.125 What are the requirements for the malfunction detection system?
149.130 What are the requirements for the cargo transfer system alarm?
149.135 What should be marked on the cargo transfer system alarm switch?

[[Page 166]]

149.140 What communications equipment must be on a deepwater port?
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 equipment is repaired 
          or replaced?
149.303 What survival craft and rescue boats may be used on a manned 
          deepwater port?
149.304 What type and how many survival craft and rescue boats must a 
          manned deepwater port have?
149.305 What are the survival craft requirements for temporary 
          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 evacuation systems?
149.310 What are the muster and embarkation requirements for survival 
          crafts?
149.311 What are the launching and recovery requirements for lifeboats?
149.312 What are the launching equipment requirements for inflatable 
          liferafts?
149.313 How must survival craft be arranged?
149.314 What are the approval and stowage requirements for rescue boats?
149.315 What embarkation, launching, and recovery arrangements 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 deepwater port?
149.322 Where must ring life buoys be located and how must they 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 a manned 
          deepwater port?
149.326 What are the immersion suit requirements?
149.327 What are the approval requirements for work vests and anti-
          exposure (deck) suits?
149.328 How must work vests and anti-exposure (deck) suits be stowed?
149.329 How must work vests and deck suits be marked?
149.330 When may a work vest or deck suit be substituted for a 
          lifejacket?
149.331 What are the requirements for hybrid personal flotation devices?
149.332 What are the requirements for inflatable lifejackets?
149.333 What are the marking requirements for lifesaving equipment?

                  Unmanned Deepwater Port Requirements

149.334 Who must ensure compliance with the requirements for unmanned 
          deepwater ports?
149.335 When are people prohibited from being on an unmanned deepwater 
          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 approved lifesaving 
          equipment on a deepwater port?
149.340 What are the requirements for lifesaving equipment that 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 firefighting and fire 
          protection equipment?
149.402 What firefighting and fire protection equipment must be approved 
          by the Coast Guard?
149.403 How may I request the use of alternate or supplemental 
          firefighting and fire prevention equipment or procedures?

                        Firefighting Requirements

149.404 Can I use firefighting equipment that has no Coast Guard 
          standards?
149.405 How are fire extinguishers classified?
149.406 What are the approval requirements for a fire extinguisher?
149.407 Must fire extinguishers be on the deepwater port at all times?
149.408 What are the maintenance requirements for fire extinguishers?
149.409 How many fire extinguishers are needed?
149.410 Where must portable and semi-portable fire extinguishers be 
          located?
149.411 What are the requirements for firemen's outfits?

[[Page 167]]

149.412 How many fire axes are needed?
149.413 On a manned deepwater port, what spaces require a fixed fire 
          extinguishing system?
149.414 What are the requirements for a fire detection and alarm system?
149.415 What are the requirements for a fire main system on a manned 
          deepwater port?
149.416 What are the requirements for a dry chemical fire suppression 
          system?
149.417 What firefighting equipment must a helicopter landing deck on a 
          manned deepwater port have?
149.418 What fire-protection system must a helicopter fueling facility 
          have?
149.419 Can the water supply for the helicopter deck fire protection 
          system be part of a fire water system?
149.420 What are the fire protection requirements for escape routes?
149.421 What is the requirement for a previously approved 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 to navigation?
149.510 How do I get permission to establish an aid to navigation?

                                 Lights

149.520 What kind of lights are required?

                           Lights on Platforms

149.535 What are the requirements for rotating beacons on platforms?

                     Lights on Single Point Moorings

149.540 What are the requirements for obstruction lights on an single 
          point mooring?

                     Lights on Floating Hose Strings

149.550 What are the requirements for lights on a floating hose string?

              Lights on Buoys Used to Define Traffic Lanes

149.560 How must buoys used to define traffic lanes be marked and 
          lighted?
149.565 What are the required characteristics and intensity of lights on 
          buoys used to define traffic lanes?

                              Miscellaneous

149.570 How is a platform, single point mooring, or submerged turret 
          loading identified?
149.575 How must objects protruding from the water, other than 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 and when?
149.615 What construction drawings and specifications are required?
149.620 What happens when the Commandant (CG-5) 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 protection systems?
149.641 What are the structural fire protection requirements for 
          accommodation spaces and modules?

                          Single Point Moorings

149.650 What are the requirements for single point moorings and their 
          attached hoses?

                      Helicopter Fueling Facilities

149.655 What are the requirements for helicopter fueling facilities?

                             Emergency Power

149.660 What are the requirements for emergency power?

                          General Alarm System

149.665 What are the requirements for a general alarm system?
149.670 What are the requirements for marking a general alarm system?

                          Public Address System

149.675 What are the requirements for the public address system?

                         Medical Treatment Rooms

149.680 What are the requirements for medical treatment rooms?
149.685 May a medical treatment room be used for other purposes?

                              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?

[[Page 168]]

                           Personnel Landings

149.693 What are the requirements for personnel landings on manned 
          deepwater ports?

                     Guardrails and Similar Devices

149.694 What are the requirements for catwalks, floors, and openings?
149.695 What are the requirements for stairways?
149.696 What are the requirements for a helicopter landing deck safety 
          net?

                              Noise Limits

149.697 What are the requirements for a noise level survey?

                             Portable Lights

149.700 What kind of portable lights may be used on a deepwater port?

    Authority: 33 U.S.C. 1504; Department of Homeland Security 
Delegation No. 0170.1 (75).

    Source: USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, unless 
otherwise noted.

    Editorial Note: Nomenclature changes to part 149 appear byUSCG-2010-
0351, 75 FR 36284, June 25, 2010.



                            Subpart A_General



Sec. 149.1  What does this part do?

    This part provides requirements for the design and construction of 
deepwater ports. It also provides the requirements for equipment for 
deepwater ports.



Sec. 149.5  What definitions apply to this part?

    Definitions applicable to this part appear in 33 CFR 148.5. In 
addition, the following terms are used in this part and have the 
indicated meanings:
    Accommodation module means a module with one or more accommodation 
spaces that is individually contracted and may be used for one or more 
facilities.
    Major conversion means a conversion, as determined by the Commandant 
(CG-5), that substantially changes the dimensions of a facility, 
substantially changes the water depth capability of a fixed facility, 
substantially changes the carrying capacity of a floating facility, 
substantially changes the processing equipment, changes the type of a 
facility, substantially prolongs the life of a facility, or otherwise so 
changes the facility that it is essentially a new facility.
    Service space means a space used for a galley, a pantry containing 
cooking appliances, a storeroom, or a workshop other than those in 
industrial areas, and trunks to those spaces.
    Sleeping space means a space provided with bunks for sleeping.



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 (CG-5) and the 
Marine Safety Center. A list of approved equipment, 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 modifications 

affecting the design and construction of a deepwater port?

    (a) Alterations and modifications affecting the design and 
construction of a deepwater port must be submitted to the Commandant 
(CG-5) 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 commenced 
operations; or,
    (3) The alteration and modification are deemed a major conversion; 
or,
    (4) The alteration or modification substantially changes the manner 
in which the port operates or is not in accordance with a condition of 
the license.
    (b) All other alterations and modifications to the deepwater port 
must be submitted to the Officer in Charge of Marine Inspection (OCMI) 
for review and approval.
    (c) Approval for alterations and modifications proposed after a 
license has been issued will be contingent upon whether the proposed 
changes will affect the way the port operates, or any conditions imposed 
in the license.
    (d) The licensee is not authorized to proceed with alterations prior 
to approval from the Commandant (CG-5) for the conditions outlined in 
paragraph (a) and approval by the cognizant OCMI as required in 
paragraph (b) of this section.

[[Page 169]]

    (e) The Commandant (CG-5), during the review and approval process of 
a proposed alteration or modification, may consult with the Marine 
Safety Center and cooperating Federal agencies possessing relevant 
technical expertise.



                Subpart B_Pollution Prevention Equipment



Sec. 149.100  What does this subpart do?

    This subpart provides requirements for pollution equipment on 
deepwater ports.



Sec. 149.103  What are the requirements for discharge containment and removal 

material and equipment?

    (a) Each deepwater port must have a facility response plan that 
meets the requirements outlined in subpart F, part 154, of this chapter, 
and be approved by the cognizant Captain of the Port.
    (b) The facility response plan must identify adequate spill 
containment and removal equipment for port-specific spill scenarios.
    (c) Response equipment and material must be pre-positioned for ready 
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) must include 
a relief valve that, when activated, prevents pressure on any component 
of the OTS/NGTS from exceeding its maximum rated pressure.
    (b) The transfer system overflow or relief valve must not allow a 
discharge into the sea.



Sec. 149.110  What are the requirements for pipeline end manifold shutoff 

valves?

    Each pipeline end manifold must have a shutoff valve capable of 
operating 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 shutoff 
valve 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 single 
point 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 platform 
complex and the shore, must have a system that can detect and locate 
leaks and other malfunctions, particularly in high-risk areas.
    (b) The marine transfer area on an oil deepwater port must be 
equipped with a monitoring system in accordance with Sec. 154.525 of 
this chapter.
    (c) A natural gas deepwater port must be equipped with gas detection 
equipment adequate for the type of transfer system, including storage 
and regasification, used. The Commandant (CG-5) will evaluate proposed 
leak-detection systems for natural gas 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 a 
malfunction 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 platform 
complex, except in areas under paragraph (b)(3) of this section;
    (3) Have a high intensity flashing light in areas of high ambient 
noise levels where hearing protection is required under Sec. 150.615 of 
this chapter; and
    (4) Be distinguishable from the general alarm.
    (c) Tankers calling on unmanned deepwater ports must be equipped 
with a transfer system alarm described in this section.

[[Page 170]]



Sec. 149.135  What should be marked on the cargo transfer system alarm switch?

    Each switch for activating an alarm, and each audio or visual device 
for signaling an alarm, must be identified by the words ``Oil Transfer 
Alarm'' or ``Natural Gas Transfer Alarm'' in red letters at least 1 inch 
high on a yellow background.



Sec. 149.140  What communications equipment must be on a deepwater port?

    (a) Each deepwater port must have the following communications 
equipment:
    (1) A system for continuous two-way voice communication among the 
deepwater port, the tankers, the support vessels, and other vessels 
operating at the port. The system must be usable and effective in all 
phases of a transfer and in all conditions of weather at the port;
    (2) A means to indicate the need to use the communication system 
required by this section, even if the means is the communication system 
itself; and
    (3) Equipment that, for each portable means of communication used to 
meet the requirements of this section, is:
    (i) Certified under 46 CFR 111.105-11 to be operated in Group D, 
Class 1, Division 1 Atmosphere; and,
    (ii) Permanently marked with the certification required in paragraph 
(a)(3)(i) of this section. As an alternative to this marking 
requirement, a document certifying that the portable radio devices in 
use are in compliance with this section may be kept at the deepwater 
port.
    (b) The communication system of the tank ship mooring at an unmanned 
port will be deemed the primary means of communicating with support 
vessels, shore side, etc.



Sec. 149.145  What are the requirements for curbs, gutters, drains, and 

reservoirs?

    Each pumping platform complex must have enough curbs, gutters, 
drains, and reservoirs to collect, in the reservoirs, all oil and 
contaminants not authorized for discharge into the ocean according to 
the 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 on 
deepwater 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 an 
accommodation space for more than 30 consecutive days in any successive 
12-month period must comply with the requirements for lifesaving 
equipment in this subpart.
    (b) Each deepwater port, not under paragraph (a) of this section, 
must comply with the requirements for lifesaving equipment for unmanned 
deepwater ports in this subpart.



Sec. 149.302  What are the requirements when lifesaving equipment is repaired 

or replaced?

    When lifesaving equipment is replaced, or when the deepwater port 
undergoes a repair, alteration, or modification that involves replacing 
or adding to the lifesaving equipment, the new lifesaving equipment must 
meet the requirements of this subpart.



Sec. 149.303  What survival craft and rescue boats may be used on a manned 

deepwater port?

    (a) Each survival craft on a manned deepwater port must be one of 
the following:
    (1) A lifeboat meeting the requirements of Sec. 149.306 of this 
subpart; or
    (2) A liferaft meeting the requirements of Sec. 149.308 of this 
subpart.
    (b) Each rescue boat on a manned deepwater port must be a rescue 
boat meeting the requirements of Sec. 149.314 of this subpart.



Sec. 149.304  What type and how many survival craft and rescue boats must a 

manned deepwater port have?

    (a) Except as specified under Sec. 149.305 of this subpart, each 
manned deepwater

[[Page 171]]

port must have at least the type and number of survival craft and the 
number of rescue boats indicated for the deepwater port in paragraphs 
(a)(1) through (a)(5) of this section.
    (1) For a deepwater port with 30 or fewer persons on board:
    (i) One or more lifeboats with a total capacity of 100 percent of 
the personnel on board;
    (ii) One or more liferafts with a total capacity of 100 percent of 
the personnel on board; and
    (iii) One rescue boat, except that the rescue boat is not required 
for deepwater ports with eight or fewer persons on board.
    (2) For a deepwater port with 31 or more persons on board:
    (i) At least two lifeboats with a total capacity of 100 percent of 
the personnel on board;
    (ii) One or more liferafts with a total capacity so that, if the 
survival craft at any one location are rendered unusable, there will be 
craft remaining with a total capacity of 100 percent of the personnel on 
board; and
    (iii) One rescue boat.
    (3) Lifeboats may be substituted for liferafts.
    (4) Capacity refers to the total number of persons on the deepwater 
port at any one time, not including temporary personnel. Temporary 
personnel include: contract workers, official visitors, and any other 
persons who are not permanent employees. See Sec. 149.305 of this 
subpart for additional survival craft requirements when temporary 
personnel are on board.
    (5) The required lifeboats may be used as rescue boats if the 
lifeboats also meet the requirements for rescue boats in Sec. 149.314 
of this subpart.
    (b) Deepwater ports consisting of novel structures or a combination 
of fixed and/or floating structures may require additional survival 
craft as deemed necessary by the Commandant (CG-5). In these cases, the 
type and number of survival craft must be specified in 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 port 
and the complement exceeds the capacity of the survival craft required 
under Sec. 149.304 of this subpart, the port must have additional 
liferafts to ensure that the total capacity of the survival craft is not 
less than 150 percent of the personnel on board at any time.
    (b) The liferafts required in paragraph (a) of this section need not 
meet the launching requirements of paragraph (b) to Sec. 149.308 of 
this subpart, but must comply with the stowage 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 approval 
series 160.135; and
    (2) If the hull or canopy is of aluminum, it must be protected in 
its stowage position by a water spray system meeting the requirements of 
46 CFR 34.25.
    (b) Each lifeboat must have at least the provisions and survival 
equipment required by 46 CFR 108.575(b).
    (c) Except for boathooks, the equipment under paragraph (b) of this 
section must be securely stowed in the lifeboat.
    (d) Each lifeboat must have a list of the equipment it is required 
to carry under paragraph (c) of this section. The list must be posted in 
the lifeboat.
    (e) The manufacturer's instructions for maintenance and repair of 
the lifeboat, required under Sec. 150.502(a) of this chapter, 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 series 
160.135.



Sec. 149.308  What are the requirements for liferafts?

    (a) Each liferaft must be an inflatable liferaft approved under 
approval series 160.151, or a rigid liferaft approved under approval 
series 160.118.
    (b) Except as under Sec. 149.305(b) of this subpart, each 
inflatable or rigid liferaft, boarded from a deck that is more than 4.5 
meters (14.75 feet) above the water, must be davit-launched or served by 
a marine evacuation system

[[Page 172]]

complying with Sec. 149.309 to this subpart.



Sec. 149.309  What are the requirements for marine evacuation systems?

    All marine evacuation systems must be approved under approval series 
160.175 and comply with the launching arrangement requirements for 
mobile offshore drilling units in 46 CFR 108.545.



Sec. 149.310  What are the muster and embarkation requirements for survival 

craft?

    Muster and embarkation arrangements for survival craft must comply 
with 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 and 
recovery system that complies with 46 CFR 108.555.
    (b) Each free-fall lifeboat must have a launching and recovery 
system that complies with 46 CFR 108.557.



Sec. 149.312  What are the launching equipment requirements for inflatable 

liferafts?

    (a) Each inflatable liferaft not intended for davit launching must 
be capable of rapid deployment.
    (b) Each liferaft capable of being launched by a davit must have the 
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 approval 
series 160.170.
    (c) The launching equipment must be operable, both from within the 
liferaft and from the deepwater port.
    (d) Winch controls must be located so that the operator can observe 
the liferaft launching.
    (e) The launching equipment must be arranged so that a loaded 
liferaft does not have to be lifted before it is lowered.
    (f) Not more than two liferafts may be launched from the same set of 
launching equipment.



Sec. 149.313  How must survival craft be arranged?

    The operator must arrange survival craft so that they meet the 
requirements 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 or 
openings, and obstructions below; and
    (d) Are located so that survival craft with an aggregate capacity to 
accommodate 100% of the total number of persons authorized to be berthed 
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. A 
lifeboat is acceptable as a rescue boat if it also meets the 
requirements 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 

rescue boats meet?

    (a) Each rescue boat must be capable of being launched in a current 
of up to 5 knots. A painter may be used to meet this requirement.
    (b) Each rescue boat embarkation and launching arrangement must 
permit the rescue boat to be boarded and launched in the shortest 
possible time.
    (c) If the rescue boat is one of the deepwater port's survival 
craft, then the rescue boat must comply with the muster and embarkation 
arrangement requirements of Sec. 149.310.
    (d) The rescue boat must comply with the embarkation arrangement 
requirements of 46 CFR 108.555.
    (e) If the launching arrangement uses a single fall, the rescue boat 
may have an automatic disengaging apparatus, approved under approval 
series 160.170, instead of a lifeboat release mechanism.
    (f) The rescue boat must be capable of being recovered rapidly when 
loaded with its full complement of persons and

[[Page 173]]

equipment. If a lifeboat is being used as a rescue boat, rapid recovery 
must be possible when loaded with its lifeboat equipment and a rescue 
boat's complement of at least six persons.
    (g) Each rescue boat launching appliance must be fitted with a 
powered winch motor.
    (h) Each rescue boat launching appliance must be capable of hoisting 
the rescue boat, when loaded with its full complement of persons 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 boat if 
the crane's launching system meets the requirements of this section.



Sec. 149.316  What are the requirements for lifejackets?

    (a) Each lifejacket must be approved under approval series 160.002, 
160.005, 160.055, 160.077, or 160.176.
    (b) Each lifejacket must have a light approved under approval series 
161.012. Each light must be securely attached to the front shoulder area 
of the lifejacket.
    (c) Each lifejacket must have a whistle permanently attached by a 
cord.
    (d) Each lifejacket must be fitted with Type I retroreflective 
material, 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 in readily 
accessible places in or adjacent to accommodation spaces.
    (b) Lifejacket stowage containers and the spaces housing the 
containers must not be capable of being locked.
    (c) The operator must mark each lifejacket container or lifejacket 
stowage location with the word ``LIFEJACKETS'' in block letters, and the 
quantity, identity, and size of the lifejackets stowed 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 with Sec. 
149.316 of this subpart for each person on a manned deepwater port.



Sec. 149.319  What additional lifejackets must I have?

    For each person on duty in a location where the lifejacket required 
by Sec. 149.317 of this subpart is not readily accessible, an 
additional lifejacket must be stowed so as to be readily 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 160.050 
or 160.150, for SOLAS-approved equipment.
    (b) Each ring life buoy must have a floating electric water light 
approved under approval series 161.010. The operator must ensure that 
the light to the ring life buoy is attached by a lanyard of 12-thread 
manila, or a synthetic rope of equivalent strength, not less than 3 feet 
nor more than 6 feet in length. The light must be mounted on a bracket 
near the ring life buoy so that, when the ring life buoy is cast loose, 
the light will be pulled free of the bracket.
    (c) To each ring life buoy, there must be attached a buoyant line of 
100 feet in length, with a breaking strength of at least 5 kilonewtons 
force. The end of the line must not be secured to the deepwater port.
    (d) Each ring life buoy must be marked with Type II retroreflective 
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 each manned 
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 of the 
port and one near each external stairway leading to the water. One buoy 
per side may be used to satisfy both these requirements.
    (b) Each ring life buoy must be stowed on or in a rack that is 
readily accessible in an emergency. The ring life buoy must not be 
permanently secured in any way to the rack or the deepwater port.

[[Page 174]]



Sec. 149.323  What are the requirements for first aid kits?

    (a) Each manned deepwater port must have an industrial first aid 
kit, approved by an appropriate organization, such as the American Red 
Cross, for the maximum number of persons on the deepwater port.
    (b) The first aid kit must be maintained in a space designated as a 
medical treatment room or, if there is no medical treatment room, under 
the custody of the person in charge.
    (c) The operator must ensure that each first aid kit is accompanied 
by a copy of either the Department of Health and Human Services 
Publication No. (PHS) 84-2024, ``The Ship's Medicine Chest and Medical 
Aid at Sea,'' available from the Superintendent of Documents, U.S. 
Government Printing Office, Washington, DC 20402, or the ``American Red 
Cross First Aid and Safety Handbook,'' available from Little Brown and 
Company, 3 Center Plaza, Boston, MA 02018.



Sec. 149.324  What are the requirements for litters?

    Each manned deepwater port must have at least one Stokes or other 
suitable litter, capable of safely hoisting an injured person. The 
litter must be readily accessible in an emergency.



Sec. 149.325  What emergency communications equipment must be on a manned 

deepwater port?

    Each manned deepwater port must have a radio, telephone, or other 
means of emergency communication with the shore, vessels, and facilities 
in the vicinity in the event the primary communications system outlined 
in Sec. 149.140 fails. This communication equipment must have an 
emergency power source.



Sec. 149.326  What are the immersion suit requirements?

    Each manned deepwater port located north of 32 degrees North 
latitude must comply with the immersion suit requirements in 46 CFR 
108.580.



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 manned deepwater 
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 personal 
flotation 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 from 
lifejackets and in a location that is not easily confused with a storage 
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 I 
retroreflective 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 of Sec. 
149.326 of this subpart may be used instead of a lifejacket when 
personnel are working near or over water.
    (b) Work vests or deck suits may not be substituted for any portion 
of the number of approved lifejackets required on the deepwater port or 
attending vessel for use during drills and emergencies.



Sec. 149.331  What are the requirements for hybrid personal flotation devices?

    (a) The operator must ensure that the use and stowage of all 
commercial hybrid personal flotation devices (PFDs) used as work vests 
comply with the procedures required for them in 46 CFR 160.077-29, and 
all limitations, if any, marked on them.
    (b) All commercial hybrid PFDs on the deepwater port must be of the 
same

[[Page 175]]

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 approval 
series 160.176.
    (b) All inflatable lifejackets on a deepwater port must:
    (1) Be used and stowed according to the procedures contained in the 
manual required for them under 46 CFR 160.176-21;
    (2) Be marked with all limitations, if any; and
    (3) Be of the same or similar design and have the same method of 
operation.



Sec. 149.333  What are the marking requirements for lifesaving equipment?

    (a) Each lifeboat, rigid liferaft, and survival capsule must be 
marked on two opposite outboard sides with the name, number, or other 
inscription identifying the deepwater port on which it is placed, and 
the number of persons permitted on the craft. Each paddle or oar for 
these crafts must also be marked with an inscription identifying the 
deepwater port. The letters and numbers must be at least 100 millimeters 
(3.94 inches) high on a contrasting background.
    (b) Each inflatable liferaft must be marked to meet 46 CFR 160.151-
33, and, after each servicing, marked to meet 46 CFR 160.151-57(m).
    (c) Each lifejacket and ring life buoy must be conspicuously marked 
with the name, number, or other inscription identifying the deepwater 
port on which it is placed. The letters and numbers must be at least 1.5 
inches (38 mm) high on a contrasting background. Lifejackets and ring 
life buoys that accompany mobile crews to unmanned deepwater ports may 
be marked with the operator's name and field designation.

                  Unmanned Deepwater Port Requirements



Sec. 149.334  Who must ensure compliance with the requirements for unmanned 

deepwater ports?

    The owner or operator of an unmanned deepwater port must ensure that 
applicable requirements are complied with on that deepwater port.



Sec. 149.335  When are people prohibited from being on an unmanned deepwater 

port?

    No person may be on an unmanned deepwater port unless all 
requirements of this part are met.



Sec. 149.336  What are the requirements for lifejackets?

    (a) Except as under paragraph (b) of this section, each unmanned 
deepwater port must have at least one lifejacket complying with Sec. 
149.316 of this subpart for each person on the deepwater port. The 
lifejackets need to be available for use on the port only when persons 
are onboard.
    (b) During helicopter visits, personnel who have aircraft type of 
lifejackets may use them as an alternative to the requirements of 
paragraph (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 life 
buoy complying with Sec. 149.320 to this subpart.
    (b) If there is no space on the deepwater port for the ring life 
buoys, they must be on a manned vessel located alongside of the 
deepwater 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 North 
latitude must comply with the immersion suit requirements applicable to 
mobile offshore drilling units under 46 CFR 108.580, and immersion suits 
must be approved under approval series 160.171. Except as under 
paragraph (b) of this section, the immersion suits need be on the 
deepwater port only when persons are on board.
    (b) If an attending vessel is moored to the unmanned deepwater port, 
the suits may be stowed on the vessel, instead of on the deepwater port.

[[Page 176]]



Sec. 149.339  What is the requirement for previously approved lifesaving 

equipment on a deepwater port?

    Lifesaving equipment such as lifeboats, liferafts, and PFDs on a 
deepwater port on January 1, 2004, need not meet the requirements of 
this subpart until the equipment needs replacing, provided it is 
periodically tested and maintained and in good operational condition.



Sec. 149.340  What are the requirements for lifesaving equipment that is not 

required by this subchapter?

    Each item of lifesaving equipment on a deepwater port that is not 
required by this subchapter must be approved by the Commandant (CG-5).



          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 ports 
consisting of a submerged turret loading or comparable configuration in 
which cargo transfer operations are conducted solely aboard the tank 
vessel by the vessel crew.



Sec. 149.401  What are the general requirements for firefighting and fire 

protection equipment?

    Each deepwater port must comply with the requirements for 
firefighting and fire protection equipment in this subpart.



Sec. 149.402  What firefighting and fire protection equipment must be approved 

by the Coast Guard?

    Except as permitted under Sec. 149.403, Sec. 149.415(c) or (d), 
Sec. 149.419(a)(1), or Sec. 149.420, all required firefighting and 
fire protection equipment on a deepwater port must be approved by the 
Commandant (G-PSE). Firefighting and fire protection equipment that 
supplements required equipment must also be approved by the Commandant 
(G-PSE), unless approval by the Officer in Charge of Marine Inspection 
(OCMI) is requested and granted pursuant to Sec. 149.403 of this 
subpart.



Sec. 149.403  How may I request the use of alternate or supplemental 

firefighting and fire prevention equipment or procedures?

    (a) The operator may request the use of alternate or supplemental 
equipment or procedures than those required in this subchapter.
    (b) Upon request, the OCMI may allow the use of alternate equipment 
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 that 
provided by the requirement.
    (c) The OCMI may require that the requesting party:
    (1) Explain why applying the requirement would be unreasonable or 
impracticable; or
    (2) Submit engineering calculations, tests, or other data to 
demonstrate how the requested alternative would comply with paragraph 
(b) of this section.
    (d) The OCMI may determine, on a case-by-case basis, that the 
Commandant (G-PSE) must approve the use of the alternate equipment or 
procedure.

                        Firefighting Requirements



Sec. 149.404  Can I use firefighting equipment that has no Coast Guard 

standards?

    A deepwater port may use firefighting equipment for which there is 
no Coast Guard standard as supplemental equipment, pursuant to Sec. 
149.403, if the equipment does not endanger the port or the persons 
aboard it in any way. This equipment must be listed and labeled by a 
nationally recognized testing laboratory, as that term is defined in 29 
CFR 1910.7, and it must be maintained in good working condition.



Sec. 149.405  How are fire extinguishers classified?

    (a) Portable and semi-portable extinguishers on a manned deepwater 
port must be classified using the Coast Guard's marine rating system of 
a combination letter-and-number symbol in which the letter indicates the 
type of fire that the extinguisher is designed

[[Page 177]]

to extinguish, and the number indicates the relative size of the 
extinguisher.
    (b) The letter designations are as follows:
    (1) ``A'' for fires of ordinary combustible materials where the 
quenching and cooling effects of water, or solutions containing large 
percentages of water, are of primary importance;
    (2) ``B'' for fires of flammable liquids, greases, or other thick 
flammable substances where a blanketing effect is essential; and
    (3) ``C'' for fires in electrical equipment where the use of a non-
conducting extinguishing agent is of primary importance.
    (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 are semi-portable 
extinguishers that must be fitted with suitable hose and nozzle, or 
other practicable means, so that all portions of the space concerned may 
be covered. Examples of size graduations for some of the typical 
portable and semi-portable extinguishers are set forth in table 149.405.

                             Table 149.405--Portable and Semi-Portable Extinguishers
----------------------------------------------------------------------------------------------------------------
                                                                                 Carbon dioxide    Dry chemical
                   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 must be carried.



Sec. 149.406  What are the approval requirements for a fire extinguisher?

    All portable and semi-portable fire extinguishers must be of an 
approved 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 of this subpart 
must be on all manned deepwater ports at all times.
    (b) The fire extinguishers required by Sec. 149.409 of this part 
need be on unmanned deepwater ports only when personnel are working on 
the deepwater port during cargo transfer operations, or performing 
maintenance duties.



Sec. 149.408  What are the maintenance requirements for fire extinguishers?

    All fire extinguishers must be maintained in good working order and 
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 fire extinguishers 
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 main
     corridors.                                      corridor or
                                                     stairway not more
                                                     than 150 feet
                                                     apart.
    (2) Radio room..........  C-II................  One outside or near
                                                     each radio room
                                                     exit.
(b) Accommodation Spaces:
    (1) Sleeping quarters...  A-II................  One in each sleeping
                                                     space that fits
                                                     more than four
                                                     persons.
(c) Service Spaces:
    (1) Galleys.............  B-II or CII.........  One for each 2,500
                                                     square feet or
                                                     fraction thereof,
                                                     for hazards
                                                     involved.
    (2) Storerooms..........  A-II................  One for each 2,500
                                                     square feet or
                                                     fraction thereof,
                                                     located near each
                                                     exit, either inside
                                                     or outside the
                                                     space.

[[Page 178]]

 
    (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................  One for each engine.
     or gas turbine engines.                         \2\
    (6) Open electric motors  C-II................  One for each of two
     and generators.                                 motors or
                                                     generators. \3\
(e) Helicopter Areas:
    (1) Helicopter landing    B-V.................  One at each access
     decks.                                          route.
    (2) Helicopter fueling    B-V.................  One at each fuel
     facility.                                       transfer
                                                     facility.\4\
------------------------------------------------------------------------
\1\ Not required if a fixed system is installed.
\2\ If the engine is installed on a weather deck or is open to the
  atmosphere at all times, one B-II may be used for every three engines.
 
\3\ Small electrical appliances, such as fans, are exempt.
\4\ Not required if a fixed foam system is installed in accordance with
  46 CFR 108.489.



Sec. 149.410  Where must portable and semi-portable fire extinguishers be 

located?

    All portable and semi-portable fire extinguishers described in table 
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 have 
at 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 outfits are 
on the deepwater port at all times;
    (2) Each fireman's outfit and its spare equipment are stowed 
together in a readily accessible container or locker. No more than one 
outfit shall be stowed in the same container or locker. The two 
containers or lockers must be located in separate areas to ensure that 
at 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 than 
firefighting.



Sec. 149.412  How many fire axes are needed?

    Each manned deepwater port must have at least two fire axes as 
required by 46 CFR 108.499.



Sec. 149.413  On a manned deepwater port, what spaces require a fixed fire 

extinguishing system?

    The manned deepwater port spaces or systems listed in paragraphs (a) 
through (c) of this section must be protected by an approved fixed 
gaseous or other approved fixed-type extinguishing system.
    (a) Paint lockers with a carrying capacity of more than 200 cubic 
feet, and similar spaces containing flammable liquids.
    (b) Galley ranges or deep fat fryers.
    (c) Each enclosed space containing internal combustion or gas 
turbine 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 deepwater port, 
and all spaces or systems on a manned or unmanned deepwater port for 
processing, storing, transferring, or regasifying liquefied natural gas, 
must have an automatic fire detection and alarm system that:
    (1) Either complies with 46 CFR 108.405 or
    (2) Is designed and installed in compliance with a national 
consensus standard, as that term is defined in 29

[[Page 179]]

CFR 1910.2, for fire detection and fire alarm systems, and that complies 
with standards set by a nationally recognized testing laboratory, as 
that term is defined in 29 CFR 1910.7, for such systems or hardware.
    (b) Sleeping quarters must be fitted with smoke detectors that have 
local alarms and that may or may not be connected to the central alarm 
panel.
    (c) Each fire detection and fire alarm system must have both a 
visual alarm and an audible alarm at a normally manned area.
    (d) Each fire detection and fire alarm system must be divided into 
zones to limit the area covered by a particular alarm signal.



Sec. 149.415  What are the requirements for a fire main system on a manned 

deepwater port?

    (a) Each pumping platform complex must have a fixed fire main 
system. The system must either:
    (1) Comply with 46 CFR 108.415 through 108.429 and 33 CFR 127.607 if 
it is a natural gas deepwater port; or
    (2) Comply with a national consensus standard, as that term is 
defined in 29 CFR 1910.2, for such systems and hardware, and comply with 
the standards set by a nationally recognized testing laboratory, as that 
term is defined in 29 CFR 1910.7, for such systems and hardware.
    (b) If the fire main system meets the requirements outlined in 
paragraph (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 these 
spaces without difficulty.
    (d) Under paragraph (a)(2) of this section, the fire main system may 
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 also 
comply with 33 CFR 127.607.



Sec. 149.416  What are the requirements for a dry chemical fire suppression 

system?

    Each natural gas deepwater port must be equipped with a dry chemical 
system that meets the requirements of Sec. 127.609 of this chapter.



Sec. 149.417  What firefighting equipment must a helicopter landing deck on a 

manned deepwater port have?

    Each helicopter landing deck on a manned deepwater port must have 
the following:
    (a) A fire hydrant and hose located near each stairway to the 
landing deck. If the landing deck has more than two stairways, only two 
stairways need to have a fire hydrant and hose. The fire hydrants must 
be part of the fire main system; and
    (b) Portable fire extinguishers in the quantity and location as 
required in table 149.409.



Sec. 149.418  What fire protection system must a helicopter fueling facility 

have?

    In addition to the portable fire extinguishers required under table 
149.409, each helicopter fueling facility must have a fire protection 
system complying with 46 CFR 108.489.



Sec. 149.419  Can the water supply for the helicopter deck fire protection 

system be part of a fire water system?

    (a) The water supply for the helicopter deck fire protection system 
required under Sec. 149.420 or Sec. 149.421 may be part of:
    (1) The fire water system, installed in accordance with Mineral 
Management 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 protection 
system is part of an independent accommodation fire main system, the 
piping design and hardware must be compatible with the system and must 
comply with the requirements for fire mains in 46 CFR 108.415 through 
108.429.

[[Page 180]]



Sec. 149.420  What are the fire protection requirements for escape routes?

    At least one escape route from an accommodation space or module to a 
survival craft or other means of evacuation must provide adequate 
protection. Separation of the escape route from the cargo area by steel 
construction, in accordance with 46 CFR 108.133, or equivalent 
protection is considered adequate protection for personnel escaping from 
fires and explosions. Additional requirements for escape routes are in 
subpart F of this part.



Sec. 149.421  What is the requirement for a previously approved fire detection 

and alarm system on a deepwater port?

    An existing fire detection and alarm system on a deepwater port need 
not meet the requirements in this subpart until the system needs 
replacing, provided it is periodically tested and maintained in good 
operational condition.



                      Subpart E_Aids to Navigation

                                 General



Sec. 149.500  What does this subpart do?

    This subpart provides requirements for aids to navigation on 
deepwater ports.



Sec. 149.505  What are the general requirements for aids to navigation?

    The following requirements apply to navigation aids under this 
subpart:
    (a) Section 66.01-5 of this chapter, on application to establish, 
maintain, discontinue, change, or transfer ownership of an aid, except 
as under Sec. 149.510;
    (b) Section 66.01-25(a) and (c) of this chapter, on discontinuing or 
removing an aid. For the purposes of Sec. 66.01-25(a) and (c) of this 
chapter, navigation aids at a deepwater port are considered Class I aids 
under Sec. 66.01-15 of this chapter;
    (c) Section 66.01-50 of this chapter, on protection of an aid from 
interference and obstruction; and
    (d) Section 66.01-55 of this chapter, on transfer of ownership 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, the licensee 
must submit an application under Sec. 66.01-5 of this chapter, except 
that the application must be sent to the Commandant (CG-5).
    (b) At least 180 days before the installation of any structure at 
the site of a deepwater port, the licensee must submit an application 
for obstruction lights and other private navigation aids for the 
particular construction site.
    (c) At least 180 days before beginning cargo transfer operations or 
changing the mooring facilities at the deepwater port, the licensee must 
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 for 
obstruction 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 a 
deepwater port must have a lit rotating beacon that distinguishes the 
deepwater port from other surrounding offshore structures. The beacon 
must:
    (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 rate 
that is within 6 percent of the operating speed displayed on the beacon;
    (e) Have one or more leveling indicators permanently attached to the 
light, each with an accuracy of 0.25 [deg] or 
better; 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 on the 
platform, does not obstruct the light in any direction; and

[[Page 181]]

    (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 

point mooring?

    (a) The lights for a single point mooring must meet the requirements 
for obstruction lights in part 67 of this chapter, except that the 
lights must be located at least 10 feet (3 meters) above mean high 
water.
    (b) A submerged turret loading (STL) deepwater port is not required 
to meet the requirements for obstruction lights, provided it maintains 
at least a five-foot (1.5 meters) clearance beneath the net under keel 
clearance at the mean low water condition for all vessels transiting the 
area.
    (c) An STL deepwater port that utilizes a marker buoy must be 
lighted 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 must display 
the following lights at night and during periods of restricted 
visibility:
    (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) above 
the water;
    (5) Approximately equally spaced;
    (6) Not more than 10 meters (32.8 feet) apart where the hose string 
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's length and 
course.
    (b) Two red lights at each end of the hose string, including the 
ends in a channel where the hose string is separated to allow vessels to 
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 lower light 
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 a 
traffic lane at a deepwater port must meet Sec. 62.25 of this chapter.
    (b) The buoy must have an omni-directional light located at least 8 
feet above the water.
    (c) The buoy light must be located so that the structure of the 
buoy, or any other device mounted on the buoy, does not obstruct the 
light in any direction.



Sec. 149.565  What are the required characteristics and intensity of lights on 

buoys used to define traffic lanes?

    (a) The buoy's light color that defines the lateral boundaries of a 
traffic lane must comply with the buoy color schemes in Sec. 62.25 of 
this chapter.
    (b) The buoy light may be fixed or flashing. If it is flashing, it 
must flash at intervals of not more than 6 seconds.
    (c) Buoy lights must have an effective intensity of at least 25 
candela.

                              Miscellaneous



Sec. 149.570  How is a platform, single point mooring, or submerged turret 

loading identified?

    (a) Each platform, single point mooring, or submerged turret loading 
(STL) that protrudes above the water or is marked by a buoy must display 
the name of the deepwater port and the name or number identifying 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 is 
equipped with a helicopter pad.
    (b) The information required in paragraph (a) of this section must 
be 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.

[[Page 182]]

    (c) If an STL protrudes from the water, it must be properly 
illuminated in accordance with Sec. 149.540.



Sec. 149.575  How must objects protruding from the water, other than platforms 

and single point moorings, be marked?

    (a) Each object protruding from the water that is within 100 yards 
of a platform or single point mooring (SPM) must be marked with white 
reflective tape.
    (b) Each object protruding from the water that is more than 100 
yards from a platform or SPM must meet the obstruction lighting 
requirements in this subpart for a platform.



Sec. 149.580  What are the requirements for a radar beacon?

    (a) A radar beacon (RACON) must be located on the tallest platform 
of a pumping platform complex or other fixed structure of the deepwater 
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 MHz frequency bands; or
    (2) If installed before July 8, 1991, in the 9320-9500 MHz frequency 
band; and
    (3) Transmit a signal of at least 250 milliwatts radiated power that 
is omni-directional and polarized in the horizontal plane;
    (4) Transmit a two-element or more Morse code character, the length 
of which does not exceed 25 percent of the radar range expected to be 
used by vessels operating in the area;
    (5) If of the frequency agile type, be programmed so that it will 
respond at least 40 percent of the time, but not more than 90 percent of 
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 highest deck 
of the platform and where the structure of the platform, or equipment 
mounted on the platform, does not obstruct the signal propagation 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 is available from 
any District Commander.
    (b) Each sound signal must be:
    (1) Located at least 10 feet, but not more than 150 feet, above mean 
high water; and
    (2) Located where the structure of the platform, or equipment 
mounted on it, does not obstruct the sound of the signal in any 
direction.



                     Subpart F_Design and Equipment

                                 General



Sec. 149.600  What does this subpart do?

    This subpart provides general requirements for equipment and design 
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 District Commander must be
                 When--                             notified--
------------------------------------------------------------------------
(a) Construction of a pipeline,          At least 30 days before
 platform, or single point mooring        construction begins.
 (SPM) is planned.
(b) Construction of a pipeline,          Within 24 hours, from the date
 platform, or SPM begins.                 construction begins, that the
                                          lights and sound signals are
                                          in use at the construction
                                          site.
(c) A light or sound signal is changed   Within 24 hours of the change.
 during construction.
(d) Lights or sound signals used during  Within 24 hours of replacement.
 construction of a platform, buoy, or
 SPM are replaced by permanent fixtures
 to meet the requirements of this part.
(e) The first cargo transfer operation   At least 60 days before the
 begins.                                  operation.
------------------------------------------------------------------------



Sec. 149.615  What construction drawings and specifications are required?

    (a) To show compliance with the Act and this subchapter, the 
licensee must submit to the Commandant (CG-5) or accepted Certifying 
Entity (CE) at least three copies of:

[[Page 183]]

    (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 the seal, of 
the registered professional engineer responsible for the accuracy and 
adequacy of the material.
    (c) Each drawing must identify the baseline design standard used as 
the basis for design.



Sec. 149.620  What happens when the Commandant (CG-5) reviews and evaluates 

the construction drawings and specifications?

    (a) The Commandant (CG-5) may concurrently review and evaluate 
construction drawings and specifications with the Marine Safety Center 
and other Federal agencies having technical expertise, such as the 
Pipeline and Hazardous Materials Safety Administration and the Federal 
Energy Regulatory Commission, in order to ensure compliance with the Act 
and this subchapter.
    (b) Construction may not begin until the drawings and specifications 
are approved by the Commandant (CG-5).
    (c) Once construction begins, the Coast Guard periodically inspects 
the construction site to ensure that the construction complies with the 
drawings and specifications approved under paragraph (b) of this 
section.
    (d) When construction is complete, the licensee must submit two 
complete sets of as-built drawings and specifications to the Commandant 
(CG-5).



Sec. 149.625  What are the design standards?

    (a) Each component, except for those specifically addressed 
elsewhere in this subpart (for example, single point moorings, hoses, 
and aids to navigation buoys), must be designed to withstand at least 
the combined wind, wave, and current forces of the most severe storm 
that can be expected to occur at the deepwater port in any 100-year 
period. Component design must meet a recognized industry standard and be 
appropriate for the protection of human life from death or serious 
injury, both on the port and on vessels calling on or servicing the 
port, and for the protection of the environment.
    (b) The applicant or licensee will be required to submit to the 
Commandant (CG-5) a design basis for approval containing all proposed 
standards to be used in the fabrication and construction of port 
components.
    (c) Heliports on floating deepwater ports must be designed in 
compliance 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 manned 
deepwater ports that undergo major conversions must comply with the 
requirements for structural fire protection outlined in this subpart.



Sec. 149.641  What are the structural fire protection requirements for 

accommodation 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 safe refuge 
from fires and explosions for personnel for the minimum time needed to 
evacuate the space.
    (b) This requirement may be met by complying with 46 CFR 108.131 
through 108.147, provided that:
    (1) The exterior boundaries of superstructures and deckhouses 
enclosing these spaces and modules, including any overhanging deck that 
supports these spaces and modules, are constructed to the A-60 standard 
defined in 46 CFR 108.131(b)(2) for any portion that faces and is within 
100 feet of the hydrocarbon source (e.g., LNG flanges, send out line, 
etc.); and
    (2) The ventilation system has both a means of shutting down the 
system and an alarm at a manned location that sounds when any hazardous 
or toxic substance enters the system.
    (c) As an alternative to paragraph (b) of this section, the 
requirement imposed by this section may be met by complying with a 
national consensus standard, as that term is defined in 29

[[Page 184]]

CFR 1910.2, for the structural fire protection of accommodation spaces 
and modules, and that complies with the standards set by a nationally 
recognized testing laboratory, as that term is defined by 29 CFR 1910.7, 
for such protection, provided that:
    (1) All such spaces and modules on manned ports are provided with 
automatic fire detection and alarm systems. The alarm system must signal 
a normally manned area both visually and audibly, and be divided into 
zones to limit the area covered by a particular alarm signal;
    (2) Sleeping quarters are fitted with smoke detectors that have 
local alarms that may or may not be connected with the central alarm 
panel; and
    (3) Independent fire walls are constructed and installed so as to be 
of size and orientation sufficient to protect the exterior surfaces of 
the spaces or modules from extreme radiant heat flux levels, and provide 
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 their 

attached hoses?

    Each single point mooring and its attached hose must be designed for 
the protection of the environment and for durability under combined 
wind, wave, and current forces of the most severe storm that can be 
expected to occur at the port in any 100-year period. The 
appropriateness of a design may be shown by its compliance with 
standards generally used within the offshore industry that are at least 
equivalent, in protecting the environment, to the standards in use on 
January 1, 2003, by any recognized classification society as defined 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 or an 
equivalent standard.

                             Emergency Power



Sec. 149.660  What are the requirements for emergency power?

    (a) Each pumping platform complex must have emergency power 
equipment including power source, associated transforming equipment, and 
switchboard to provide power to simultaneously operate all of the 
following 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 equipment in 
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 of emergency 
power (in other words, no oil or natural gas transfer pumping 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 system that:
    (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 protection is 
required under Sec. 150.613 of this chapter; and
    (c) Has a high intensity flashing light in areas where hearing 
protection 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 high on a red background:
    (a) Each general alarm box; and

[[Page 185]]

    (b) Each audio or visual device described under Sec. 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 complex must 
have a public address system operable from two locations on the complex.
    (b) For an unmanned deepwater port, the vessel master must provide a 
working public address system on a vessel while it is moored or 
otherwise connected to the port.

                         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 medical 
treatment room that has:
    (a) A sign at the entrance designating it as a medical treatment 
room;
    (b) An entrance that is wide enough and arranged to readily admit a 
person on a stretcher;
    (c) A single berth or examination table that is accessible from both 
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 the room 
meets the requirements of this subpart for both medical treatment rooms 
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 sleeping space 
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 of 
escape, personnel landings, guardrails and similar devices, and noise 
limits 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 means 
of escape. Each of these means must either:
    (1) Comply with 46 CFR 108.151; or
    (2) Be designed and installed in compliance with a national 
consensus standard, as that term is defined in 29 CFR 1910.2, for use in 
evacuating the port.
    (b) A primary means of escape consists of a fixed stairway or a 
fixed 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, a 
knotted manrope, or a similar device determined by the Officer in Charge 
of Marine Inspection (OCMI) to provide an equivalent or better means of 
escape.



Sec. 149.692  Where must they be located?

    (a) Each means of escape must be easily accessible to personnel for 
rapidly evacuating the deepwater port.
    (b) When two or more means of escape are installed, at least two 
must be located as nearly diagonally opposite each other as practicable.
    (c) When the floor area of any of the following spaces contains 300 
square feet or more, the space must have at least two exits as widely 
separated from each other as possible:
    (1) Each accommodation space; and
    (2) Each space that is used on a regular basis, such as a control 
room, machinery room, storeroom, or other space where personnel could be 
trapped in an emergency.
    (d) On a manned deepwater port, each structural appendage that is 
not occupied continuously, and that does not contain living quarters, 
workshops, offices, or other manned spaces must have at least one 
primary means of escape. The OCMI may also determine that one or more 
secondary means of escape is required.
    (e) When personnel are on an unmanned deepwater port, the port must

[[Page 186]]

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 that may 
be temporarily occupied by 10 persons or more.
    (f) Structural appendages to an unmanned deepwater port do not 
require a primary or a secondary means of escape, unless the OCMI 
determines that one or more are necessary.
    (g) Each means of escape must extend from the deepwater port's 
uppermost working level to each successively lower working level, and so 
on to the water surface.

                           Personnel Landings



Sec. 149.693  What are the requirements for personnel landings on manned 

deepwater ports?

    (a) On manned deepwater ports, sufficient personnel landings must be 
provided to assure safe access and egress.
    (b) The personnel landings must be provided with satisfactory 
illumination. The minimum is 1 foot candle of artificial illumination as 
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, and 
openings 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 on helicopter 
landing decks.



Sec. 149.695  What are the requirements for stairways?

    Stairways must have at least two courses of rails. The top course 
must 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 safety 

net?

    A helicopter landing deck safety net must comply with 46 CFR 
108.235.

                              Noise Limits



Sec. 149.697  What are the requirements for a noise level survey?

    (a) A survey to determine the maximum noise level during normal 
operations must be conducted in each accommodation space, working space, 
or other space routinely used by personnel. The recognized methodology 
used to conduct the survey must be specified in the survey results. 
Survey results must be kept on the deepwater port or, for an unmanned 
deepwater port, in the owner's principal office.
    (b) The noise level must be measured over 12 hours to derive a time 
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 exceed 85 
db(A), based on the measurement criteria in paragraph (b) of this 
section, then signs must be posted with the legend: ``Noise Hazard--
Hearing Protectors Required.'' Signs must be posted at eye level at each 
entrance to the space.
    (d) If the noise level exceeds 85 db(A) only in a portion of a 
space, then the sign described in paragraph (c) of this section must be 
posted within that portion where visible from each direction of access.
    (e) Working spaces and other areas routinely used by personnel, 
other than accommodation spaces, must be designed to limit the noise 
level in those areas so that personnel wearing hearing protectors may 
hear warning and emergency alarms. If this is not practicable and 
warning and emergency alarms cannot be heard, visual alarms in addition 
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 must be 
designed for the environment where it is used.

[[Page 187]]



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 operations manuals?
150.15 What must the operations manual include?
150.20 How many copies of the operations manual must be given 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 an amendment to the 
          operations manual?
150.40 Deviating from the operations manual.
150.45 Emergency deviation from this subchapter or the operations 
          manual.
150.50 What are the requirements for a facility spill response plan?

                          Subpart B_Inspections

150.100 What are the requirements for inspecting deepwater ports?
150.105 What are the requirements for annual self-inspection?
150.110 What are the notification requirements upon receipt of 
          classification society certifications?

                           Subpart C_Personnel

150.200 Who must ensure that port personnel are qualified?
150.205 What are the language requirements for port personnel?
150.210 What are the restrictions on serving in more than one 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 deepwater ports?
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 tanker enters the 
          safety zone or area to be avoided?
150.330 What is the second notice required before a tanker enters the 
          safety zone or area to be avoided?
150.340 What are the rules of navigation for tankers in the safety zone 
          or area to be avoided?
150.345 How are support vessels cleared to move within the safety zone 
          or area to be avoided?
150.350 What are the rules of navigation for support vessels in the 
          safety zone or area to be avoided?
150.355 How are other vessels cleared to move within the safety zone?
150.380 Under what circumstances may vessels operate within the 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 and inspected?
150.420 What actions must be taken when cargo transfer equipment is 
          defective?
150.425 What are the requirements for transferring cargo?
150.430 What are the requirements for a declaration of inspection?
150.435 When are cargo transfers not allowed?
150.440 How may the Captain of the Port order suspension of cargo 
          transfers?
150.445 When is oil in a single point mooring-oil transfer system (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 and repaired?

                     Lifesaving Equipment (General)

150.502 What are the maintenance and repair requirements for lifesaving 
          equipment?

                          Launching Appliances

150.503 What are the time interval requirements for maintenance on 
          survival craft falls?
150.504 When must the operator service and examine lifeboat and rescue 
          boat launching appliances?
150.505 When must the operator service and examine lifeboat and rescue 
          boat release gear?

                    Inflatable Lifesaving Appliances

150.506 When must the operator service inflatable lifesaving appliances 
          and marine evacuation systems?
150.507 How must the operator service inflatable lifesaving appliances?
150.508 What are the maintenance and repair requirements for inflatable 
          rescue boats?

[[Page 188]]

               Operational Tests and Inspections (General)

150.509 How must emergency equipment be tested and inspected?
150.510 How must tested emergency equipment be operated?
150.511 What are the operational testing requirements for lifeboat 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 and inspections?
150.514 What are the annual tests and inspections?

                             Weight Testing

150.515 What are the requirements for weight testing of newly installed 
          or relocated craft?
150.516 What are the periodic requirements for weight testing?
150.517 How are weight tests supervised?

                          Personal Safety Gear

150.518 What are the inspection requirements for work vests and 
          immersion suits?

                  Emergency Lighting and Power Systems

150.519 What are the requirements for emergency lighting and power 
          systems?

                      Fire Extinguishing Equipment

150.520 When must fire extinguishing equipment be tested and inspected?
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 at all times?
150.532 What are the requirements for connection and stowage of 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 the workplace 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 and exposure records?
150.605 What are the procedures for reporting a possible workplace 
          safety or health violation at a deepwater port?
150.606 After learning of a possible violation, what does the 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 personnel use 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 and hearing 
          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 respiratory protection?

                               Fall Arrest

150.619 What are the fall arrest system requirements?

                             Machine Guards

150.620 What are the requirements for protecting personnel from 
          machinery?

                                 Slings

150.621 What are the requirements for slings?

[[Page 189]]

                              Warning Signs

150.622 What are the warning sign requirements?

                          Confined Space Safety

150.623 What are the requirements for protecting personnel from hazards 
          associated with confined spaces?

                          Blood-Borne Pathogens

150.624 What are the requirements for protecting personnel from 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 all personnel?
150.628 How must the operator label, tag, and mark a container of 
          hazardous material?

                      Subpart H_Aids to Navigation

150.700 What does this subpart do?
150.705 What are the requirements for maintaining and inspecting aids to 
          navigation?
150.710 What are the requirements for supplying power to aids to 
          navigation?
150.715 What are the requirements for lights used as aids to navigation?
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 classification society and 
          to the Coast Guard?
150.810 Reporting a problem with an aid to navigation.
150.812 What is the purpose of reporting casualties on deepwater 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 be kept?

   Subpart J_Safety Zones, No Anchoring Areas, and Areas to Be Avoided

150.900 What does this subpart do?
150.905 Why are safety zones, no anchoring areas, and areas to be 
          avoided established?
150.910 What installations, structures, or activities are prohibited in 
          a safety zone?
150.915 How are safety zones, no anchoring areas, and areas to be 
          avoided established and modified?
150.920 How can I find notice of new or proposed safety zones?
150.925 How long may a safety zone, no anchoring area, or area to be 
          avoided remain in place?
150.930 What datum is used for the geographic coordinates in this 
          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: USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, unless 
otherwise noted.

    Editorial Note: Nomenclature changes to part 150 appear by USCG-
2010-0351, 75 FR 36284, June 25, 2010.



                            Subpart A_General



Sec. 150.1  What does this part do?

    This part provides requirements for the operation of deepwater 
ports.



Sec. 150.5  Definitions.

    See Sec. 148.5 of this chapter for the definition of certain 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 that 
addresses policies and procedures for normal and emergency operations 
conducted 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 the Commandant 
(CG-5), who may consult with the local Officer in Charge of Marine 
Inspection (OCMI), as meeting the requirements of the Act and this 
subchapter. The original manual is approved as part of the application 
process in part 148 of this chapter.

[[Page 190]]

    (c) The OCMI may approve subsequent changes to the operations 
manual, provided the Commandant (CG-5) is notified and consulted 
regarding any significant modifications.
    (d) The manual must be readily available on the deepwater port for 
use by personnel.
    (e) The licensee must ensure that all personnel are trained and 
follow 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 must identify the 
deepwater port and include the information required in this section.
    (a) General information. A description of the geographic location of 
the deepwater port.
    (b) A physical description of the port.
    (c) Engineering and construction information, including all defined 
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 working pressure, 
relief settings, monitoring systems, and other pertinent information.
    (d) Communications system. A description of a comprehensive 
communications plan, including:
    (1) Dedicated frequencies;
    (2) Communication alerts and notices between the deepwater port and 
arriving and departing vessels; and
    (3) Mandatory time intervals or communication schedules for 
maintaining a live radio watch, and monitoring frequencies for 
communication 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 tankers 
that the port can handle.
    (h) Calculations, with supporting data or other documentation, to 
show that the charted water depth at each proposed mooring location is 
sufficient 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 tanker 
navigation, including the information required in paragraphs (i)(1) 
through (i)(9) of this section.
    (1) The operating limits, maneuvering capability, draft, net under 
keel clearance, tonnage, length, and breadth of the tanker that will be 
accommodated at each designated mooring.
    (2) The speed limits proposed for tankers in the safety zone and 
area to be avoided around the port.
    (3) Any special navigation or communication equipment that may be 
required for operating in the safety zone and area to be avoided.
    (4) The measures for routing vessels, including a description of the 
radar navigation system to be used in operation of the deepwater port:
    (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 be avoided;
    (v) Advisories to each tanker underway in the safety zone regarding 
the vessel's position, port conditions, and status of adjacent vessel 
traffic;
    (vi) Notices that must be made, as outlined in Sec. 150.325, by the 
tanker master regarding the vessel's characteristics and status; and
    (vii) Rules for navigating, mooring, and anchoring in a safety zone, 
area to be avoided, and anchorage area.
    (5) Any mooring equipment needed to make up to the single point 
mooring (SPM).
    (6) The procedures for clearing tankers, support vessels, and other 
vessels and aircraft during emergency and routine conditions.
    (7) Weather limits for tankers, including a detailed description of 
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

[[Page 191]]

    (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, and training of 
all port personnel responsible for managing and carrying out 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 be 
designated, in writing, by the licensee and have the appropriate 
experience and training to satisfactorily perform their duties. The 
Commandant (CG-5) will review and approve the qualifications for all 
proposed supervisory positions.
    (l) Cargo transfer procedures. The procedures for cargo transfer 
must comply with the applicable requirements of parts 154 and 156 for 
oil, and subpart B (Operations) to part 127 for natural gas, 
respectively, of this chapter, including the requirements specified in 
paragraphs (l)(1) through (l)(10) of this section.
    (1) The requirements for oil transfers in accordance with subpart A 
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 a 
floating 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 with 
subpart 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-down or 
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, any 
product transferred.
    (4) The duties, title, qualifications, and training of personnel of 
the port designated as the person in charge and responsible for managing 
cargo transfers, including ballasting operations if applicable to the 
port, in accordance with subpart D of part 154 for oil, and subpart B 
(Operations) of part 127 for natural gas, respectively, of this chapter.
    (5) Minimum requirements for watch personnel on board the vessel 
during transfer operations, such as personnel necessary for checking 
mooring gear, monitoring communications, and maintaining propulsion and 
steering on standby.
    (6) The start up and completion of pumping.
    (7) Emergency shutdown.
    (8) The maximum relief valve settings, the maximum available working 
pressure, and hydraulic shock to the system without relief valves, or 
both.
    (9) Equipment necessary to discharge cargo to the port complex 
without harm to the environment or to persons involved in the cargo 
transfer, including piping, adapters, bolted flanges, and quick-
disconnect coupling.
    (10) A description of the method used to water and de-water the 
single point mooring hoses when required.
    (m) Unusual arrangements that may be applicable, including:
    (1) A list and description of any extraordinary equipment or 
assistance available to vessels with inadequate pumping capacity, small 
cargoes, small diameter piping, or inadequate crane capacity; and

[[Page 192]]

    (2) A description of special storage or delivery arrangements for 
unusual cargoes; for example, cool-down requirements for transfer system 
components prior to transfer of liquefied natural gas.
    (n) Maintenance procedures. A maintenance program to document 
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 safety requirements 
outlined in Sec. Sec. 150.600 to 150.632 of this subpart, including:
    (1) Employee training in safety and hazard awareness, and proper use 
of personnel protective equipment;
    (2) Physical safety measures in the workplace, such as housekeeping 
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 be 
documented for each port employee and for visitors, where appropriate; 
for example, safety orientation training.
    (q) Emergency notification procedures. Emergency internal and 
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 facility that, 
due to close proximity, could be affected by an incident at the 
deepwater port.
    (r) Quantity, type, location, and use of safety and fire protection 
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 to Sec. 146.140(d) 
of this chapter.
    (v) Designation of and assignment of port personnel to response 
teams for specific contingencies.
    (w) Individual and team training for incident response, in 
accordance 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 dissemination of 
``lessons learned''.
    (3) Documentation of the following minimum training requirements for 
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 certified at 
the basic level as an emergency medical technician; and
    (vi) Identification of at least two employees trained and certified 
as offshore competent persons in prevention of inadvertent entry into 
hazardous confined spaces.
    (x) Security procedures. Deepwater port operators must develop a 
deepwater port security plan comparable to those required by 33 CFR part 
106. The plan must address at least:
    (1) Access controls for goods and materials and access controls for 
personnel that require positive and verifiable identification;

[[Page 193]]

    (2) Monitoring and alerting of vessels that approach or enter the 
port's security zone;
    (3) Risk identification and procedures for detecting and deterring 
terrorist or subversive activity, such as security lighting and 
remotely-alarmed restricted areas;
    (4) Internal and external notification and response requirements in 
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 various levels 
of threat.
    (y) Special operations procedures. Include procedures for any 
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 nearby 
existing OCS oil and gas facilities, such as explosions, fires, or 
product spills.
    (z) Recordkeeping of maintenance procedures, tests, and emergency 
drills outlined elsewhere in the operations manual.
    (aa) Environmental procedures. A program for maintaining compliance 
with license conditions and applicable environmental laws, by periodic 
monitoring of the environmental effects of the port and its operations, 
including:
    (1) Air and water monitoring in accordance with applicable Federal 
and State law;
    (2) A routine re-examination, not less than once every five years, 
of the physical, chemical, and biological factors contained in the 
port's environmental impact analysis and baseline study submitted with 
the license application; and
    (3) A risk management plan, addressing the potential for an 
uncontrolled release; or provision for more detailed studies following 
any uncontrolled release or other unusual event that adversely affects 
the environment.



Sec. 150.20  How many copies of the operations manual must be given to the 

Coast Guard?

    The draft operations manual must be included with the application, 
and the number of copies is governed by Sec. 148.115. At least five 
copies of the final operations manual, and of any subsequent amendment, 
must be submitted to the Commandant (CG-5). Additional copies may be 
required to meet the needs of other agencies.



Sec. 150.25  Amending the operations manual.

    (a) Whenever the cognizant Captain of the Port (COTP) finds that the 
operations manual does not meet the requirements of this part, the COTP 
notifies the licensee, in writing, of the inadequacies in the manual.
    (b) Within 45 days after the notice under paragraph (a) of this 
section is sent, the licensee must submit written proposed amendments to 
eliminate the inadequacies.
    (c) The cognizant COTP reviews the amendments and makes a 
determination as to the adequacy of the amendments and notifies the 
licensee of the determination.
    (d) If the COTP decides that an amendment is necessary, the 
amendment goes into effect 60 days after the COTP notifies the licensee 
of the amendment.
    (e) The licensee may petition the Commandant (CG-5), via the 
appropriate district office, to review the decision of the COTP. In this 
case, the effective date of the amendment is delayed pending the 
Commandant's decision. Petitions must be made in writing and presented 
to the COTP to forward to the Commandant (CG-5).
    (f) If the COTP finds that a particular situation requires immediate 
action to prevent a spill or discharge, or to protect the safety of life 
and property, the COTP may issue an amendment effective on the date that 
the licensee receives it. The COTP must include a brief statement of the 
reasons for the immediate amendment. The licensee may petition the 
District Commander for review, but the petition does not delay the 
effective date of the amendment.

[[Page 194]]



Sec. 150.30  Proposing an amendment to the operations manual.

    (a) The licensee may propose an amendment to the operations manual:
    (1) By submitting, in writing, the amendment and reasons for the 
amendments to the Captain of the Port (COTP) not less than 30 days 
before the requested effective date of the amendment; or
    (2) If the amendment is needed immediately, by submitting the 
amendment, and reasons why the amendment is needed immediately, to the 
COTP in writing.
    (b) The COTP must respond to a proposed amendment by notifying the 
licensee, in writing, before the requested date of the amendment whether 
the request is approved. If the request is disapproved, the COTP must 
include the reasons for disapproval in the notice. If the request is for 
an immediate amendment, the COTP must respond as soon as possible.



Sec. 150.35  How may an adjacent coastal State request an amendment to the 

operations manual?

    (a) An adjacent coastal State connected by pipeline to the deepwater 
port may petition the cognizant Captain of the Port (COTP) to amend the 
operations manual. The petition must include sufficient information to 
allow the COTP to reach a decision concerning the proposed amendment.
    (b) After the COTP receives a petition, the COTP requests comments 
from the licensee.
    (c) After reviewing the petition and comments, and considering the 
costs and benefits involved, the COTP may approve the petition if the 
proposed amendment will provide equivalent or improved protection and 
safety. The adjacent coastal State may petition the Commandant (CG-5) to 
review the decision of the COTP. Petitions must be made in writing and 
presented to the COTP for forwarding to the Commandant (CG-5) via the 
District Commander.



Sec. 150.40  Deviating from the operations manual.

    If, because of a particular situation, the licensee needs to deviate 
from the operations manual, the licensee must submit a written request 
to the Captain of the Port (COTP) explaining why the deviation is 
necessary and what alternative is proposed. If the COTP determines that 
the deviation would ensure equivalent or greater protection and safety, 
the COTP authorizes the deviation and notifies the licensee in writing.



Sec. 150.45  Emergency deviation from this subchapter or the operations 

manual.

    In an emergency, any person may deviate from any requirement in this 
subchapter, or any procedure in the operations manual, to ensure the 
safety of life, property, or the environment. Each deviation must be 
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 requirements 
of part 154 subpart F of this chapter must have a facility response plan 
that is approved by the Captain of the Port (COTP).
    (b) Each natural gas deepwater port must have a natural gas facility 
emergency plan that meets part 127, subpart B of this chapter.
    (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 determine 
whether the requirements of this subchapter are met. A marine inspector 
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 must ensure 
that the port is regularly inspected to determine whether the facility 
is in

[[Page 195]]

compliance with the requirements of this subchapter. The inspection must 
be at intervals of no more than 12 months. The inspection may be 
conducted up to 2 months after its due date, but will be valid for only 
the 12 months following that due date.
    (b) The owner or operator must record and submit the results of the 
annual self-inspection to the Captain of the Port (COTP) within 30 days 
of completing the inspection. The report must include a description of 
any failure, and the scope of repairs made to components or equipment, 
in accordance with the requirements in subpart I of this part, other 
than primary lifesaving, firefighting, or transfer equipment, which are 
inspected and repaired in accordance with subpart F.
    (c) Prior to the initiation of a self-inspection plan, and before 
commencement of operations, the owner or operator must submit a proposal 
describing the self-inspection plan to the COTP for acceptance. The plan 
must address all applicable requirements outlined in parts 149 and 150 
of this subchapter.



Sec. 150.110  What are the notification requirements upon receipt of 

classification society certifications?

    The licensee must notify the Captain of the Port, in writing, upon 
receipt of a classification society certification, interim class 
certificate, 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 position 
meets the qualifications for that position as outlined in the operations 
manual.



Sec. 150.205  What are the language requirements for port personnel?

    Only persons who read, write, and speak English may occupy the 
essential 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 management 
positions 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 with 
the position they hold. Procedures for documenting employee training 
must be outlined in the operations manual.



                       Subpart D_Vessel Navigation



Sec. 150.300  What does this subpart do?

    This subpart supplements the International Regulations for 
Prevention of Collisions at Sea, 1972 (72 COLREGS) described in 
subchapter D of this chapter, and prescribes requirements that:
    (a) Apply to the navigation of all vessels at or near a deepwater 
port; and
    (b) Apply to all vessels while in a safety zone, area to be avoided, 
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 is 
responsible for the safe navigation of the vessel to and from the port, 
and for the required notifications in Sec. 150.325. Once the tanker is 
connected to the unmanned deepwater port, the master must maintain radar 
surveillance in compliance with the requirements of Sec. 150.310.



Sec. 150.310  When is radar surveillance required?

    A manned deepwater port's person in charge of vessel operations must 
maintain radar surveillance of the safety zone or area to be avoided 
when:
    (a) A tanker is proceeding to the safety zone after submitting the 
report required in Sec. 150.325;
    (b) A tanker or support vessel is underway in the safety zone or 
area to be avoided;
    (c) A vessel other than a tanker or support vessel is about to enter 
or is underway in the safety zone or area to be avoided; or
    (d) As described in the port security plan.

[[Page 196]]



Sec. 150.320  What advisories are given to tankers?

    A manned deepwater port's person in charge of vessel operations must 
advise the master of each tanker underway in the safety zone or area to 
be avoided of the following:
    (a) At intervals not exceeding 10 minutes, the vessel's position by 
range and bearing from the pumping platform complex; and
    (b) The position and the estimated course and speed, if moving, of 
all other vessels that may interfere with the movement of the tanker 
within the safety zone or area to be avoided.



Sec. 150.325  What is the first notice required before a tanker enters the 

safety zone or area to be avoided?

    (a) The owner, master, agent, or person in charge of a tanker bound 
for a manned deepwater port must comply with the notice of arrival 
requirements in subpart C of part 160 of this chapter.
    (b) The owner, master, agent, or person in charge of a tanker bound 
for a manned deepwater port must report the pertinent information 
required in Sec. 150.15(i)(4)(vi) for the vessel, 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, or 
radiotelephone equipment. The testing requirements in Sec. 164.25 of 
this chapter are applicable to vessels arriving at a deepwater port;
    (5) Any leaks, structural damage, or machinery malfunctions that may 
impair cargo transfer operations or cause a product discharge; and
    (6) The operational condition of the equipment listed under Sec. 
164.35 of this chapter on the tanker.
    (c) If the estimated time of arrival changes by more than 6 hours 
from the last reported time, the National Vessel Movement Center (NVMC) 
and the port's person in charge of vessel operations must be notified of 
the correction as soon as the change is known.
    (d) If the information reported in paragraphs (b)(4) or (b)(5) of 
this section changes at any time before the tanker enters the safety 
zone or area to be avoided at the deepwater port, or while the tanker is 
in the safety zone or area to be avoided, the master of the tanker must 
report the changes to the NVMC and port's person in charge of vessel 
operations as soon as possible.



Sec. 150.330  What is the second notice required before a tanker enters the 

safety zone or area to be avoided?

    When a tanker bound for a manned deepwater port is 20 miles from 
entering the port's safety zone or area to be avoided, the master of the 
tanker must notify the port's person in charge of vessel operations of 
the tanker's name and location.



Sec. 150.340  What are the rules of navigation for tankers in the safety zone 

or area to be avoided?

    (a) A tanker must enter or depart the port's safety zone or area to 
be avoided in accordance with the navigation procedures in the port's 
approved operations manual as described in Sec. 150.15(i).
    (b) A tanker must not anchor in the safety zone or area to be 
avoided, except in a designated anchorage area.
    (c) A tanker may not enter a safety zone or area to be avoided in 
which another tanker is present, unless it has been cleared by the 
person in charge of the port and no other tankers are underway.
    (d) A tanker must not operate, anchor, or moor in any area of the 
safety zone or area to be avoided in which the net under keel clearance 
would be less than 5 feet.



Sec. 150.345  How are support vessels cleared to move within the safety zone 

or area to be avoided?

    All movements of support vessels within a manned deepwater port's 
safety zone or area to be avoided must be cleared in advance by the 
port's person in charge of vessel operations.



Sec. 150.350  What are the rules of navigation for support vessels in the 

safety zone or area to be avoided?

    A support vessel must not anchor in the safety zone or area to be 
avoided, except:

[[Page 197]]

    (a) In an anchorage area; or
    (b) For vessel maintenance, which, in the case of a manned deepwater 
port, must be cleared by the port's person in charge of vessel 
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 of 
vessel operations is required before a vessel, other than a tanker or 
support vessel, enters the safety zone.
    (b) The port's person in charge of vessel operations may clear a 
vessel under paragraph (a) of this section only if its entry into the 
safety 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 turret 
landing (STL) system, paragraphs (a) and (b) of this section apply once 
a tanker connects to the STL buoy.



Sec. 150.380  Under what circumstances may vessels operate within the safety 

zone or area to be avoided?

    (a) Table 150.380(a) of this section lists both the areas within a 
safety zone where a vessel may operate and the clearance needed for that 
location.

                      Table 150.380(a)--Regulated Activities of Vessels at Deepwater Ports
----------------------------------------------------------------------------------------------------------------
                                                          Areas to be                         Other areas within
                                                        avoided around                          and adjacent to
      Regulated activities           Safety zone        each deepwater      Anchorage areas     the safety zone
                                                        port  component                            (e.g., no
                                                              \1\                               anchoring 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 support vessels.
Mooring to surface components    N                    N                   N                   N
 (for example an SPM) by
 vessels other than tankers or
 support vessels.
Anchoring by vessels other than  N                    F                   C                   F
 tankers or support vessels.
Fishing, including bottom trawl  N                    D                   P                   N
 (shrimping).
Mobile drilling operations or    N                    R                   N                   N
 erection of structures. \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 the person in charge of vessel operations.
D--Movement is not restricted, but recommended transit speed not to exceed 10 knots. Communication with the
  person in charge of vessel operations.
F--Only in an emergency. Anchoring will be avoided in a no anchoring area except in the case of immediate danger
  to the ship or persons on board.
N--Not permitted.
P--Transit is permitted when the vessel is not in the immediate area of a tanker, and when cleared by the vessel
  traffic supervisor.
R--Permitted only if determined that operation does not create unacceptable risk to personnel safety and
  security and operation. For transiting foreign-flag vessels, the requirement for clearance to enter the area
  to be avoided and no anchoring area is advisory in nature, but mandatory for an anchorage area established
  within 12 nautical miles.

    (b) If the activity is not listed in table 150.380(a) of this 
section, nor otherwise provided for in this subpart, the Captain of the 
Port's permission is required before operating in the safety zone or 
regulated navigation area.



Sec. 150.385  What is required in an emergency?

    In an emergency, for the protection of life or property, a vessel 
may deviate from a vessel movement requirement in this subpart without 
clearance from a manned deepwater port's person in charge of vessel 
operations if the master advises the port person in charge of the 
reasons for the deviation at the earliest possible moment.

[[Page 198]]



                   Subpart E_Cargo Transfer Operations



Sec. 150.400  What does this subpart do?

    This subpart prescribes rules that apply to the transfer of oil or 
natural 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 cargo 
transfer system (CTS) at a deepwater port unless it has been inspected 
and tested according to this section.
    (b) The single point mooring (SPM)-CTS must be maintained as 
required by the design standards used to comply with Sec. 149.650 of 
this chapter.
    (c) If the manufacturer's maximum pressure rating for any cargo 
transfer hose in a SPM-CTS has been exceeded, unless it was exceeded for 
testing required by this section, the hose must be:
    (1) Removed;
    (2) Hydrostatically tested to 1.5 times its maximum working pressure 
for oil, or 1.1 times its maximum working pressure for natural 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 hose reinforcement.
    (d) Each submarine hose used in cargo transfer operations in an SPM-
CTS must have been removed from its coupling, surfaced, and examined 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 hose 
in an SPM-CTS must be visually examined in place as described in 
paragraph (c)(3) of this section after cargo transfer operations are 
shut down due to sea conditions at the deepwater port.



Sec. 150.420  What actions must be taken when cargo transfer equipment is 

defective?

    When any piece of equipment involved in oil or natural gas transfer 
equipment is defective:
    (a) The piece of equipment must be replaced or repaired before 
making any further cargo transfers; and
    (b) The repaired or replaced piece must meet or exceed its original 
specifications. Repairs must be conducted in accordance with the port's 
maintenance program outlined in the operations manual, and that program 
must provide for the repair of natural gas transfer hoses in 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 operations 
manual and must provide:
    (a) Oil transfer procedures that accord with Sec. 156.120 of this 
chapter; and
    (b) Natural gas transfer procedures that accord with Sec. 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 manned deepwater 
port unless a declaration of inspection complying with Sec. 156.150(c) 
for oil, or Sec. 127.317 for natural gas, of this chapter has been 
filled out and signed by the vessel'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's officer 
in charge of cargo transfer must inspect the tanker, and the PIC of 
cargo transfer for the deepwater port must inspect the deepwater port. 
They must indicate, by initialing each item on the declaration of 
inspection form, that the tanker and deepwater port comply with Sec. 
156.150 for oil, or Sec. 127.317 for natural gas, of this chapter.



Sec. 150.435  When are cargo transfers not allowed?

    No person may transfer cargo at a deepwater port:

[[Page 199]]

    (a) When the person in charge (PIC) of cargo transfer is not on duty 
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 cargo transfer 
determines that a cargo transfer should be resumed as a safety measure;
    (d) When a leak develops so that a sufficient quantity of product 
accumulates in the cargo containment underneath the manifold or piping;
    (e) When there are not enough personnel nor equipment at the port 
dedicated to contain and remove the discharge or perform the emergency 
response functions as required in the port's response plan under part 
154 for oil, or emergency plan under part 127 for natural gas, of this 
chapter;
    (f) Whenever the emergency shutdown system should have activated but 
failed to;
    (g) By lighterage, except in bunkering operations, unless otherwise 
authorized by the Captain of the Port;
    (h) When the weather at the port does not meet the minimum operating 
conditions for cargo transfers as defined in the port's operations 
manual; or
    (i) When prescribed by the port security plan under heightened 
security conditions at the port or its adjacent areas, or on vessels 
calling on or serving the port.



Sec. 150.440  How may the Captain of the Port order suspension of cargo 

transfers?

    (a) In case of emergency, the COTP may order the suspension of cargo 
transfers at a port to prevent the discharge, or threat of discharge, of 
oil or natural gas, or to protect the safety of life and property.
    (b) An order of suspension may be made effective immediately.
    (c) The order of suspension must state the reasons for the 
suspension.
    (d) The licensee may petition the District Commander to reconsider 
the order of suspension. The petition must be in writing, unless the 
order of suspension takes effect immediately, in which case the petition 
may be made by any means, but the petition does not delay the effective 
date of the suspension. The decision of the District Commander 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, and the 
valve at the pipeline end manifold must be closed whenever:
    (1) A storm warning forecasts weather conditions that will exceed 
the design operating criteria listed in the operations manual for the 
SPM-OTS;
    (2) A vessel is about to depart the SPM because of storm conditions; 
or
    (3) The SPM is not scheduled for use in an oil transfer operation 
within the next 7 days.
    (b) The requirement in paragraph (a) of this section is waived if 
port officials can demonstrate to the Officer in Charge of Marine 
Inspection that a satisfactory alternative means of safely securing all 
cargo transfer hoses can be implemented in the event of severe weather 
conditions.



               Subpart F_Emergency and Specialty Equipment



Sec. 150.500  What does this subpart do?

    This subpart concerns requirements for maintenance, repair, and 
operational testing of emergency and specialty equipment at a deepwater 
port.

                         Maintenance and Repair



Sec. 150.501  How must emergency equipment be maintained and repaired?

    All lifesaving, firefighting, and other emergency equipment at a 
deepwater port, including additional equipment not required to be on 
board the deepwater port, must be maintained in good working order and 
repaired according to the port's planned maintenance program and the 
requirements outlined in this subpart.

[[Page 200]]

                     Lifesaving Equipment (General)



Sec. 150.502  What are the maintenance and repair requirements for lifesaving 

equipment?

    (a) Each deepwater port must have on board, or in the operator's 
principal office in the case of an unmanned port, the manufacturer's 
instructions for performing onboard maintenance and repair of the port's 
lifesaving equipment. The instructions must include the following for 
each item of equipment, as applicable:
    (1) Instructions for maintenance and repair;
    (2) A checklist for use when carrying out the monthly inspections 
required under Sec. 150.513;
    (3) A schedule of periodic maintenance;
    (4) A diagram of lubrication points with the recommended lubricants;
    (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 under 
paragraph (a) of this section, the deepwater port may have its own 
onboard planned maintenance program for maintenance and repair that is 
equivalent to the procedures recommended by the equipment manufacturer.
    (c) The deepwater port must designate a person in charge of ensuring 
that maintenance and repair is carried out in accordance with the 
instructions required in paragraph (a) of this section.
    (d) If deficiencies in the maintenance or condition of lifesaving 
equipment are identified, the Officer in Charge of Marine Inspection 
(OCMI) may review the instructions under paragraph (a) of this section 
and require appropriate changes to the instructions or operations to 
provide for adequate maintenance and readiness of the equipment.
    (e) When lifeboats, rescue boats, and liferafts are not fully 
operational because of ongoing maintenance or repairs, there must be a 
sufficient number of fully operational lifeboats and liferafts available 
for use to accommodate all persons on the deepwater port.
    (f) Except in an emergency, repairs or alterations affecting the 
performance of lifesaving equipment must not be made without notifying 
the OCMI in advance. The person in charge must report emergency repairs 
or alterations to lifesaving equipment to the OCMI, as soon as 
practicable.
    (g) The person in charge must ensure that spare parts and repair 
equipment are provided for each lifesaving appliance and component 
subject to excessive wear or consumption.

                          Launching Appliances



Sec. 150.503  What are the time interval requirements for maintenance on 

survival craft falls?

    (a) Each fall used in a launching device for survival craft or 
rescue boats must be turned end-for-end at intervals of not more than 30 
months.
    (b) Each fall must be replaced by a new fall when deteriorated, or 
at 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 months after 
its installation. If the inspection shows that the fall is faultless, 
the fall may be continued in service up to 4 years after its 
installation. It must be replaced by a new fall 4 years after 
installation.



Sec. 150.504  When must the operator service and examine lifeboat and rescue 

boat launching appliances?

    (a) The operator must service launching appliances for lifeboats and 
rescue boats at intervals recommended in the manufacturer's instructions 
under Sec. 150.502(a), or according to the deepwater port's planned 
maintenance program under Sec. 150.502(b).
    (b) The operator must thoroughly examine launching appliances for 
lifeboats and rescue boats at intervals of not more than 5 years. Upon 
completion of the examination, the operator must subject the winch 
brakes of the launching appliance to a dynamic test.



Sec. 150.505  When must the operator service and examine lifeboat and rescue 

boat release gear?

    (a) The operator must service lifeboat and rescue boat release gear 
at intervals recommended in the manufacturer's instructions under Sec. 
150.502(a),

[[Page 201]]

or according to the deepwater port's planned maintenance program under 
Sec. 150.502(b).
    (b) The operator must subject lifeboat and rescue boat release gear 
to a thorough examination at each annual self-certification inspection 
by personnel trained in examining the gear.

                    Inflatable Lifesaving Appliances



Sec. 150.506  When must the operator service inflatable lifesaving appliances 

and marine evacuation systems?

    (a) The operator must service each inflatable lifejacket, hybrid 
inflatable lifejacket, and marine evacuation system at 1-year intervals 
after its initial packing. The operator may delay the servicing for up 
to 5 months to meet the next scheduled inspection of the deepwater port.
    (b) The operator must service each inflatable liferaft no later than 
the month and year on its servicing sticker under 46 CFR 160.151-
57(m)(3)(ii), except that the operator may delay servicing by up to 5 
months to meet the next scheduled inspection of the deepwater port. The 
operator must also service each inflatable liferaft:
    (1) Whenever the container of the raft is damaged; or
    (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 according to 
46 CFR subpart 160.151.
    (b) The operator must service each inflatable lifejacket according 
to 46 CFR subpart 160.176.
    (c) The operator must service each hybrid inflatable lifejacket 
according to the owner's manual and the procedures in 46 CFR subpart 
160.077.



Sec. 150.508  What are the maintenance and repair requirements for inflatable 

rescue boats?

    The operator must perform the maintenance and repair of inflatable 
rescue 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 a 
deepwater 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 of 
the equipment's manufacturer when tests or inspections include 
operational testing of emergency equipment.



Sec. 150.511  What are the operational testing requirements for lifeboat and 

rescue boat release gear?

    (a) Lifeboat and rescue boat release gear must be operationally 
tested under a load of 1.1 times the total mass of the lifeboat or 
rescue boat when loaded with its full complement of persons and 
equipment.
    (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 consider 
alternate operational test procedures to those under paragraph (a) of 
this 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 equipment 
are as follows:
    (a) The operator must visually inspect each survival craft, rescue 
boat, 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, starting 
device, and communications equipment of each lifeboat and rescue boat 
according 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 equipment 
under Sec. 150.502(b) of this subpart monthly, to

[[Page 202]]

ensure that the equipment is complete and in good order. The operator 
must keep on the deepwater port, or in the operator's principal office 
in the case of an unmanned deepwater port, a report of the inspection 
that includes a statement as to the condition of the equipment, and make 
the report available for review by the Coast Guard.
    (b) The operator must test, on a monthly basis, each emergency 
position indicating radio beacon (EPIRB) and each search and rescue 
transponder (SART), other than an EPIRB or SART in an inflatable 
liferaft. The operator must test the EPIRB using the integrated test 
circuit and output indicator to determine whether the EPIRB is 
operational.



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 each 
lifeboat, rescue boat, and liferaft. At that time, the operator must 
also 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 is 
marked with an expiration date that has passed;
    (d) Check all lifesaving equipment batteries and replace any battery 
that is marked with an expiration date that has passed; and
    (e) Replace any battery that is not marked with an expiration date 
if that battery is used in an item of lifesaving equipment, except for a 
storage battery used in a lifeboat or rescue boat.
    (f) The requirements in this section do not relieve the person in 
charge of the requirement to keep the equipment ready for immediate use.

                             Weight Testing



Sec. 150.515  What are the requirements for weight testing of newly installed 

or relocated craft?

    (a) The operator must perform installation weight testing, using the 
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, according 
to paragraph (a) of this section, when survival crafts are relocated to 
another deepwater port.



Sec. 150.516  What are the periodic requirements for weight testing?

    The operator must weight test, using the procedure outlined in 46 
CFR 199.45(a)(1), each lifeboat, davit-launched liferaft, and rescue 
boat 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 by Sec. Sec. 
150.515 and 150.516 of this subpart must be supervised by a person 
familiar with lifeboats, davit-launched liferafts, rescue boats, and 
with the test procedures under those sections.
    (b) The person supervising the tests must attest, in writing, that 
the tests have been performed according to Coast Guard regulations. The 
operator must keep a copy of the supervisor's attesting statement on 
board the deepwater port, or in the operator's principal office in the 
case of an unmanned deepwater port, and make it available to the Officer 
in Charge of Marine Inspection.

                          Personal Safety Gear



Sec. 150.518  What are the inspection requirements for work vests and 

immersion suits?

    (a) All work vests and immersion suits must be inspected by the 
owner or operator pursuant to Sec. 150.105 of this part to determine 
whether they are in serviceable condition.
    (b) If a work vest or immersion suit is inspected and is in 
serviceable condition, then it may remain in service. If not, then it 
must be removed from the deepwater port.

                  Emergency Lighting and Power Systems



Sec. 150.519  What are the requirements for emergency lighting and power 

systems?

    (a) The operator must test and inspect the emergency lighting and

[[Page 203]]

power systems at least once a week to determine if they are in proper 
operating 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 generator 
driven by an internal combustion engine that is used for an emergency 
lighting and power system at least once per month for a minimum of 2 
hours.
    (c) The operator must test each storage battery for the emergency 
lighting and power systems at least once every 6 months to demonstrate 
the ability of the batteries to supply the emergency loads for an 8-hour 
period. The operator must follow the manufacturer's instructions in 
performing the battery test to ensure the batteries are not damaged 
during 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 will 
test and inspect each portable fire extinguisher, semi-portable fire 
extinguisher, and fixed fire extinguishing system. These specifications 
must accord with 46 CFR 31.10-18.



Sec. 150.521  What records are required?

    (a) The operator must maintain a record of each test and inspection 
under Sec. 150.520 on the deepwater port, or in the operator's 
principal office in the case of an unmanned deepwater port, 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 extinguisher or 
system tested or inspected; and
    (3) The name of the person who conducted the test or inspection and 
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 deck 
washing, unless it is capable of being isolated and can provide the 
applicable minimum pressures required in Sec. 149.416 of this 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 be 
kept ready for use at all times.



Sec. 150.532  What are the requirements for connection and stowage of fire 

hoses?

    (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 exposed to 
the weather, the fire hose may be removed from the hydrant during 
freezing weather.
    (b) When not in use, a fire hose connected to a fire hydrant must be 
stowed on a hose rack.
    (c) The hydrant nearest the edge of a deck must have enough fire 
hose length connected to it to allow 10 feet of hose, when pressurized, 
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 fueling 
facility, the Captain of the Port's approval is necessary before 
aircraft 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 of succession, 
who is the person in charge of the pumping platform complex for purposes 
of supervision during an emergency;
    (2) List the special duties and duty stations for each person on the 
pumping platform complex, in the event of an emergency that requires the 
use of equipment covered by part 149 of this chapter; and
    (3) Identify the signals for calling persons to their emergency 
stations and for abandoning the pumping platform complex.

[[Page 204]]



Sec. 150.555  How must cranes be maintained?

    Cranes must be operated, maintained, and tested in accordance with 
46 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 workplace 
on a deepwater port.

                       Safety and Health (General)



Sec. 150.601  What are the safety and health requirements for the workplace on 

a deepwater port?

    (a) Each operator of a deepwater port must ensure that the port 
complies with the requirements of this subpart, and must ensure that all 
places of employment within the port are:
    (1) Maintained in compliance with workplace safety and health 
regulations 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 those 
operations subject to their control are:
    (1) Conducted in compliance with workplace safety and health 
regulations of this subpart; and
    (2) Free from recognized hazardous conditions.
    (c) The term ``recognized hazardous conditions,'' as used in this 
subpart, means conditions that are:
    (1) Generally known among persons in the affected industry as 
causing, or likely to cause, death or serious physical harm to persons 
exposed 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 port personnel 
are provided with information and training on recognized hazardous 
conditions in their workplace, including, but not limited to, 
electrical, mechanical, and chemical hazards. Specific required training 
topics are outlined in Sec. 150.15(w).
    (b) As an alternative to compliance with the specific provisions of 
this subpart, an operator may provide, for workplace safety and health, 
the implementation of an approved, port-specific safety and 
environmental management program (SEMP). Operators should consult with 
the Commandant (CG-5) in preparing an SEMP. Five copies of a proposed 
SEMP must be submitted to the Commandant for evaluation. The Commandant 
may consult with the local Officer in Charge of Marine Inspection, and 
will approve the SEMP if he or she finds that the SEMP provides at least 
as much protection of workplace safety and health as do the specific 
provisions of this subpart.



Sec. 150.603  What emergency response training is required?

    The requirements for emergency response training must be outlined in 
the port operations manual.



Sec. 150.604  Who controls access to medical monitoring and exposure records?

    If medical monitoring is performed or exposure records are 
maintained by an employer, the owner, operator, or person in charge must 
establish procedures for access to these records by personnel.



Sec. 150.605  What are the procedures for reporting a possible workplace 

safety or health violation at a deepwater port?

    Any person may notify the Officer in Charge of Marine Inspection 
verbally 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 in 

Charge of Marine Inspection do?

    After reviewing the information received under Sec. 150.605 of this 
part, and conducting any necessary investigation, the OCMI notifies the 
owner or operator of any deficiency or hazard and initiates enforcement 
measures as the circumstances warrant. The identity of any person making 
a report of a

[[Page 205]]

violation will remain confidential, except to the extent necessary for 
the 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, portable 
power tools, and, most importantly, safety gear must be used in a safe 
manner and in accordance with the manufacturer's recommended practice, 
unless otherwise stated in this subchapter.
    (b) All machinery and equipment must be maintained in proper working 
order or removed.

                      Personal Protective Equipment



Sec. 150.608  Who is responsible for ensuring that the personnel use or wear 

protective equipment and are trained in its use?

    (a) Each deepwater port operator must ensure that all personnel wear 
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 the proper 
use, limitations, and maintenance of the personal protective equipment 
specified by this subpart;
    (2) The equipment is maintained and used or worn as required by this 
subpart; and
    (3) The equipment is made available and on hand for all personnel 
engaged 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 of 
persons engaged in or observing activities where damage to the eye is 
possible, such as welding, grinding, machining, chipping, handling 
hazardous materials, or burning or cutting acetylene. These eye and face 
protectors must be:
    (a) Properly marked and in compliance with the requirements of 29 
CFR 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 relief must 
be immediately available near any area where there is a reasonable 
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 a 
reasonable probability of injury from falling objects or contact with 
electrical conductors, personnel working or visiting such an area wear 
head protectors designed to protect them against such injury and 
complying with 29 CFR 1910.135.

                                  Feet



Sec. 150.612  What footwear is required?

    The deepwater port operator must ensure that while personnel are 
working in an area, or engaged in activities, where there is a 
reasonable probability for foot injury to occur, they wear footwear that 
complies with 29 CFR 1910.136, except for when environmental conditions 
exist that present a hazard greater than that against which the footwear 
is designed to protect.

                      Noise and Hearing Protection



Sec. 150.613  What are the requirements for a noise monitoring and hearing 

protection survey?

    (a) The deepwater port operator must measure noise and provide 
hearing protection in accordance with 29 CFR 1910.95.
    (b) The initial noise survey for a deepwater port must be completed 
within one year of beginning operations.

                                Clothing



Sec. 150.614  When is protective clothing required?

    The deepwater port operator must ensure that personnel exposed to 
flying particles, radiant energy, heavy dust,

[[Page 206]]

or hazardous materials wear 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 personnel 
begin work that might expose them to an electrical charge, they turn off 
the electricity, unless doing so is not feasible.
    (b) The deepwater port operator must ensure that personnel turning 
off equipment pursuant to paragraph (a) of this section follow the 
lockout or tagging procedures specified in 29 CFR 1910.147, and in 
Sec. Sec. 150.616 and 150.617.
    (c) The deepwater port operator must ensure that, to prevent 
electrical shock, personnel receive training in electrical, safety-
related work practices in the area of the work they perform, including 
the use of electrical personal protective equipment appropriate to 
protect against potential electrical hazards.

                             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 be 
powered during the work described in Sec. 150.615(a), and has a lockout 
or other device to prevent the equipment from being turned on 
unintentionally, that the lockout or other device is activated.



Sec. 150.617  What are the requirements for tagout?

    (a) The deepwater port operator must ensure that, before work takes 
place on equipment that is disconnected from the power source, a tag 
complying with this section is placed at the location where the power is 
disconnected. The operator must ensure that, if there is a control panel 
for the equipment in line between the equipment and the location where 
the power is disconnected, a tag complying with this section 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 immediate 
supervisor, or the relief person of either, is authorized to remove the 
tag.

                         Respiratory Protection



Sec. 150.618  What are the requirements for respiratory protection?

    (a) The deepwater port operator must ensure that respiratory 
protection measures are taken in compliance with 29 CFR 1910.134 
including establishment of a formal respiratory protection program.
    (b) The deepwater port operator must ensure that measures for 
protection from exposure to asbestos are taken in compliance with 29 CFR 
1910.1001.
    (c) The deepwater port operator must ensure that measures for 
protection from exposure to inorganic lead are taken in compliance with 
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 who 
are exposed to the risk of falling more than 6 feet, or who are at risk 
of falling any distance onto equipment with irregular surfaces, exposed 
moving components, electrically energized cables or connectors, or 
water, are protected against such a fall by guardrails or other measures 
that comply with 29 CFR 1910.23 or 1910.28, or by the use of suitable 
lifesaving equipment that complies with 46 CFR part 160.
    (b) In addition, the operator must take measures to control the risk 
of falling, tripping, or slipping in work areas and walkways due to the 
presence of loose material or wet conditions, including spills.

[[Page 207]]

                             Machine Guards



Sec. 150.620  What are the requirements for protecting personnel from 

machinery?

    The deepwater port operator must ensure that all personnel are 
protected from the risks created by operating machinery through the use 
of guard devices or other measures that comply with 29 CFR 1910.212, or 
through the use of conspicuously posted warning signs that 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 the 
requirements 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 compliance with 
29 CFR 1910.144 and 1910.145.

                          Confined Space Safety



Sec. 150.623  What are the requirements for protecting personnel from hazards 

associated with confined spaces?

    (a) All personnel must be protected by suitable measures from 
inadvertently entering a confined space containing a hazardous 
atmosphere that can cause death or serious injury.
    (b) Each deepwater port operator shall evaluate the specific hazards 
associated with entering the port's confined spaces, and develop a 
confined space safe entry program that complies with:
    (1) 29 CFR 1910.146 for permit-required confined spaces, where 
applicable; and
    (2) A national consensus standard, as that term is defined in 29 CFR 
1910.2, or that is set by a nationally recognized testing laboratory as 
defined in 29 CFR 1910.7 and that provides levels of personnel 
protection at least equivalent to those provided for shipyard personnel 
by 29 CFR part 1915, subpart B.
    (c) To implement the confined space safe entry program, the 
deepwater port operator must determine the education, training, and 
experience needed by the designated competent persons to safely conduct 
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 operations manual, 
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 pathogens 
must 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 program 
available for the training of, and review by, all personnel on the 
deepwater 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 hazardous 
exposure;
    (6) The labeling, marking, or tagging of the material;
    (7) The special precautions, such as lockout and tagout under 
Sec. Sec. 150.616 and 150.617, that should be emphasized when working 
around the material;
    (8) Information and training required for personnel on board the 
deepwater port; and
    (9) A material safety data sheet for the material.
    (c) The information on a material safety data sheet itself may be 
used by

[[Page 208]]

the employer as a tool for educating employees about the hazards posed 
by the material, provided the employees acknowledge and can demonstrate 
appropriate precautionary measures to minimize risk to health and 
safety.
    (d) The program must be supplemented as necessary to address each 
hazardous 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 all deepwater 
port employees, when required by their duties, work safely and 
responsibly with hazardous materials.
    (b) The person in charge for safety must ensure that, before a 
person is allowed to work at the deepwater port:
    (1) A copy of the hazard communication program is made available to 
the person; and
    (2) The person is trained in the information contained in the 
program.
    (c) The training must be supplemented to address each hazardous 
material newly introduced on the deepwater port.



Sec. 150.627  Must material safety data sheets be available to all personnel?

    (a) The person in charge must ensure that a material safety data 
sheet (MSDS) for each hazardous material on the fixed or floating 
deepwater port is made available to all personnel on the port.
    (b) Each MSDS must contain at least information on the use, proper 
storage, potential hazards, and appropriate protective and response 
measures to be taken when exposed to or handling the material.



Sec. 150.628  How must the operator label, tag, and mark a container of 

hazardous material?

    The operator must label, tag, or mark each container of hazardous 
material with the identity of the hazardous material and the appropriate 
physical, health, reactive and other special condition hazard warnings. 
The only exception is for portable containers that transfer hazardous 
material from a labeled container to the work site for 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 to 
navigation at a deepwater port.



Sec. 150.705  What are the requirements for maintaining and inspecting aids to 

navigation?

    (a) All aids to navigation must be maintained in proper operating 
condition at all times.
    (b) The Coast Guard may inspect all aids to navigation at any time 
without notice.



Sec. 150.710  What are the requirements for supplying power to aids to 

navigation?

    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 as a 
navigation aid on a deepwater port, must be lit continuously from sunset 
to sunrise.
    (b) During construction, a platform or single point mooring, if 
positioned on the surface or within the net under keel depth for tankers 
transiting within the safety zone, must be marked with at least 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 meet 
or exceed the intensity required for obstruction lights required for the 
structure.
    (c) The focal plane of each obstruction light and lit rotating 
beacon must always coincide with the horizontal plane that passes 
through the light source.

[[Page 209]]



Sec. 150.720  What are the requirements for sound signals?

    The sound signal on each pumping platform complex must be operated 
whenever the visibility in any horizontal direction from the structure 
is less than 5 miles. If the platform is under construction, this 
requirement may be met by the use of a 2-second whistle blast, made 
every 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 must 
keep and submit.

                                 Reports



Sec. 150.805  What reports must be sent both to a classification society and 

to the Coast Guard?

    The licensee must submit to the Officer in Charge of Marine 
Inspection a copy of each report submitted to an authorized 
classification society, as defined in 46 CFR 8.100, for maintenance of a 
single point mooring's class under the rules of that society.



Sec. 150.810  Reporting a problem with an aid to navigation.

    (a) Any problem affecting the operation or characteristics of a 
navigation aid at the deepwater port must be reported to the District 
Commander 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 be 
notified.



Sec. 150.812  What is the purpose of reporting casualties on deepwater ports?

    The Coast Guard, upon receipt of a reported marine casualty on a 
deepwater port, as outlined in Sec. 150.815, will conduct an 
investigation to determine the cause of the incident and to take 
appropriate measures to promote safety of life and property. The Coast 
Guard investigator will follow the procedures outlined in 46 CFR subpart 
4.07 in conducting the investigation.



Sec. 150.815  How must casualties be reported?

    (a) Immediately after aiding the injured and stabilizing the 
situation, the owner, operator, or person in charge of a deepwater port 
must notify the nearest Sector, Marine Safety Unit, or other Coast Guard 
unit of each event on, or involving, the deepwater port that results in 
one or more of the following:
    (1) Loss of life;
    (2) An injury that requires professional medical treatment beyond 
first aid and, if the person is engaged or employed on the deepwater 
port, that renders the individual unfit to perform his or her routine 
duties;
    (3) Impairment of the port's operations or primary lifesaving or 
fire-fighting equipment; or
    (4) Property damage in excess of $100,000, including damage 
resulting from a vessel or aircraft striking the port. This amount 
includes the cost of labor and material to restore all affected items, 
including, but not limited to, restoring the port and the vessel or 
aircraft to their condition before the damage. This amount does not 
include the cost of salvage, cleaning, gas freeing, dry-docking, or 
demurrage of the port, vessel, or aircraft.
    (b) The notice under paragraph (a) of this section must identify the 
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 from 
the event.
    (c) The operator will ensure that the report contains the 
information pertinent to OCS operations as outlined in part 140 of this 
chapter when the deepwater port is co-located on a facility regulated by 
the Minerals Management Service.

[[Page 210]]



Sec. 150.820  When must a written report of casualty be submitted, and what 

must it contain?

    (a) In addition to the notice of casualty under Sec. 150.815, the 
owner, operator, or person in charge of a deepwater port must submit a 
written report of the event to the nearest Officer in Charge of Marine 
Inspection (OCMI) within 5 days of the casualty notice. The report may 
be on Form 2692, Report of Marine Accident, Injury, or Death, or in 
narrative form if it contains all of the applicable information 
requested in Form 2692. Copies of Form 2692 are available from the OCMI.
    (b) The written report must also include the information relating to 
alcohol and drug involvement specified by 46 CFR 4.05-12. The deepwater 
port operator will ensure compliance with the chemical testing 
procedures outlined in 46 CFR part 16.
    (c) If filed immediately after the event, the written report 
required by paragraph (a) of this section serves as the notice required 
under Sec. 150.815.
    (d) The operator will ensure that the written report is provided to 
the nearest regional Minerals Management Service (MMS) office when the 
deepwater port is co-located with an MMS-regulated facility.



Sec. 150.825  Reporting a diving-related casualty.

    Deaths and injuries related to diving within the safety zone of a 
deepwater port must be reported according to 46 CFR 197.484 and 197.486, 
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 reported 
according to Sec. Sec. 135.305 and 135.307 of this chapter.



Sec. 150.835  Reporting sabotage or subversive activity.

    The owner, operator, or person in charge of a deepwater port must 
immediately report to the Captain of the Port, by the fastest possible 
means, any evidence of sabotage or subversive activity against any 
vessel 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 the 
reports, records, test results, and operating data required by this 
part. In the case of unmanned deepwater ports, these copies must be kept 
at the operator's principal office rather than on the port.
    (b) The copies must be readily available to Coast Guard inspectors.
    (c) Except for personnel records under Sec. 150.845, the copies 
must be kept for 3 years.



Sec. 150.845  Personnel records.

    The licensee must keep documentation on the designation and 
qualification of the supervisory positions, outlined in the port 
operations manual, that are responsible for the management of the 
deepwater port. These records must be kept for the life of the deepwater 
port.



Sec. 150.850  How long must a declaration of inspection form be kept?

    The licensee must keep signed copies of the declaration of 
inspection forms required by Sec. 150.430 for one month from the date 
of signature.



   Subpart J_Safety Zones, No Anchoring Areas, and Areas To Be Avoided



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 and 
activities permitted and prohibited at deepwater ports, applies to 
safety zones, NAAs, ATBAs, and their adjacent waters; and supplements 
the International Regulations for Preventing Collisions at Sea.
    (c) Recommended shipping safety fairways associated with deepwater 
ports are described in part 166 of this chapter.

[[Page 211]]



Sec. 150.905  Why are safety zones, no anchoring areas, and areas to be 

avoided established?

    (a) Safety zones, no anchoring areas (NAAs) and areas to be avoided 
(ATBAs) under this subchapter are established to promote safety of life 
and property, marine environmental protection, and navigational safety 
at deepwater ports and adjacent waters.
    (b) Safety zones are the only federally regulated navigation areas. 
They accomplish these objectives by preventing or controlling specific 
activities, limiting access by vessels or persons, and by protecting the 
living resources of the sea from harmful agents.
    (c) The NAAs and ATBAs are established via the International 
Maritime Organization (IMO). An NAA, specifically established to protect 
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 needed to 
ensure safety, while at the same time considering potential impacts on 
other activities, including recreational boating, fishing, and OCS 
activity.



Sec. 150.910  What installations, structures, or activities are prohibited in 

a safety zone?

    No installations, structures, or activities that are incompatible 
with or that present an unacceptable risk to safety of the deepwater 
port's operations or activity are allowed in the safety zone of a 
deepwater port.



Sec. 150.915  How are safety zones, no anchoring areas, and areas to be 

avoided established and modified?

    (a) Safety zones are developed and designated during the application 
process for a deepwater port license, and may be established or modified 
through rulemaking. Rulemakings will afford prior public notice and 
comment, except when there is good cause not to do so, for example due 
to an imminent threat to the safety of life and property.
    (b) Before a safety zone, no anchoring area (NAA), or area to be 
avoided (ATBA) is established, all factors detrimental to safety are 
considered, including but not limited to:
    (1) The scope and degree of the risk or hazard involved;
    (2) Vessel traffic characteristics and trends, including traffic 
volume, the sizes and types of vessels involved, potential interference 
with the flow of commercial traffic, the presence of any unusual 
cargoes, and other similar factors;
    (3) Port and waterway configurations and variations in local 
conditions of geography, climate and other similar factors;
    (4) The need for granting exemptions for the installation and use of 
equipment or devices for use with vessel traffic services for certain 
classes of small vessels, such as self-propelled fishing vessels and 
recreational vessels;
    (5) The proximity of fishing grounds, oil and gas drilling and 
production operations, or other potential or actual conflicting 
activity;
    (6) Environmental factors;
    (7) Economic impact and effects;
    (8) Existing vessel traffic services; and
    (9) Local practices and customs, including voluntary arrangements 
and agreements within the maritime community.
    (c) The Executive Branch, acting through the Secretary of State and 
Commandant (CG-5) proposes NAAs and ATBAs for deepwater ports to the 
International Maritime Organization (IMO) for approval. The ATBAs will 
be implemented after IMO approval is granted and announced in an IMO 
Circular, and after publication of a notice in the Federal Register.



Sec. 150.920  How can I find notice of new or proposed safety zones?

    In addition to documents published in the Federal Register under 
Sec. 150.915, the District Commander may provide public notice of new 
or proposed safety zones by Broadcast Notices to Mariners, Notices to 
Mariners, Local Notices to Mariners, newspapers, broadcast stations, or 
other means.

[[Page 212]]



Sec. 150.925  How long may a safety zone, no anchoring area, or area to be 

avoided remain in place?

    A safety zone, no anchoring area, or area to be avoided may go into 
effect as early as initial delivery of construction equipment and 
materials to the deepwater port site, and may remain in place until the 
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 revised to 
enable plotting using the North American Datum of 1983 (NAD 83) and no 
longer require the use of any further conversion factors for correction.

[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 of the 
safety zone for LOOP is as described in Table 150.940(A):

         Table 150.940(A)--Safety Zone for LOOP, Gulf of Mexico
------------------------------------------------------------------------
        Plotting guidance             Latitude N          Longitude W
------------------------------------------------------------------------
(i) Starting at                   28[deg]55[min]24[s  90[deg]00[min]37[s
                                                ec]                 ec]
(ii) A rhumb line to:             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]
 centered at the port's pumping
 platform complex
(iv) To a point                   28[deg]51[min]08[s  90[deg]03[min]06[s
                                                ec]                 ec]
(v) Then a rhumb line to          28[deg]50[min]10[s  90[deg]02[min]24[s
                                                ec]                 ec]
(vi) Then a rhumb line to         28[deg]49[min]06[s  89[deg]55[min]54[s
                                                ec]                 ec]
(vii) Then a rhumb line to        28[deg]48[min]37[s  89[deg]55[min]00[s
                                                ec]                 ec]
(viii) Then a rhumb line to       28[deg]52[min]05[s  89[deg]52[min]42[s
                                                ec]                 ec]
(ix) Then a rhumb line to         28[deg]53[min]11[s  89[deg]53[min]42[s
                                                ec]                 ec]
(x) Then a rhumb line to          28[deg]54[min]53[s  89[deg]57[min]00[s
                                                ec]                 ec]
(xi) Then a rhumb line to         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
 centered again at the port's
 pumping platform complex
(xiii) To the point of starting   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 radius 
around the port's pumping platform complex and centered at 
28[deg]53[min]07[sec] N, 90[deg]01[min]30[sec] W.
    (ii) The six areas encompassed within a circle having a 500 meter 
radius around each single point mooring (SPM) at the port and centered 
at:

------------------------------------------------------------------------
             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 enclosed by 
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 following coordinates: 
28[deg]05[min]17[sec] N, 93[deg]03[min]07[sec] W. This safety zone, 
encompassed within a circle having a 500 meter radius around the primary 
component of the Gulf Gateway Deepwater Port, the submerged loading 
turret (buoy) and the pipeline end manifold (STL/PLEM), is located 
approximately 116 miles off the Louisiana coast at West Cameron Area, 
South Addition Block 603 ``A''.
    (i) A mandatory no anchoring area contained within a circle of 
radius 1,500 meters centered on the following geographical position is 
designated 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 meters 
centered

[[Page 213]]

on the following geographical position is designated as an area to be 
avoided: 28[deg]05[min]17[sec] N, 93[deg]03[min]07[sec] W.
    (2) Regulations. Deepwater port support vessels desiring to enter 
the safety zone must contact and obtain permission from the LNG 
Regasification Vessel (LNGRV) stationed at the deepwater port. The LNGRV 
can be contacted on VHF-FM Channel 13.
    (c) Northeast Gateway Deepwater Port (NEGDWP)--(1) Location. The 
safety zones for the NEGDWP consist of circular zones, each with a 500-
meter radius and centered on each of the deepwater 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 safety zone is located approximately 13 
miles south-southeast of the City of Gloucester, Massachusetts, in 
Federal waters.
    (2) No anchoring areas. Two mandatory no anchoring areas for NEGDWP 
are established for all waters within circles of 1,000-meter radii 
centered on the submerged turret loading buoy positions set forth in 
paragraph (c)(1) of this section.
    (3) Area to be avoided. An area to be avoided (ATBA) for NEGDWP is 
as described in Table 150.940(B):

                    Table 150.940(B)--ATBA for NEGDWP
------------------------------------------------------------------------
               Plotting guidance                 Latitude N  Longitude W
------------------------------------------------------------------------
(i) Starting at...............................  42[deg]24[m  070[deg]35[
                                                 in]17[sec]  min]16[sec]
(ii) A rhumb line to:.........................  42[deg]24[m  070[deg]36[
                                                 in]35[sec]  min]46[sec]
(iii) Then an arc with a 1250 meter radius      42[deg]23[m  070[deg]37[
 centered at point............................   in]56[sec]  min]00[sec]
(iv) To a point...............................  42[deg]23[m  070[deg]37[
                                                 in]17[sec]  min]15[sec]
(v) Then a rhumb line to......................  42[deg]22[m  070[deg]35[
                                                 in]59[sec]  min]45[sec]
(vi) Then an arc with a 1250 meter radius       42[deg]23[m  070[deg]35[
 centered at point............................   in]38[sec]  min]31[sec]
(vii) To the point of starting................  42[deg]24[m  070[deg]35[
                                                 in]17[sec]  min]16[sec]
------------------------------------------------------------------------

    (4) Regulations. (i) In accordance with the general regulations set 
forth in 33 CFR 165.23 and elsewhere in this part, no person or vessel 
may enter the waters within the boundaries of the safety zones described 
in paragraph (c)(1) of this section unless previously authorized by the 
Captain of the Port (COTP) Boston, or his/her authorized representative.
    (ii) Notwithstanding paragraph (c)(4)(i) of this section, tankers 
and support vessels, as defined in 33 CFR 148.5, operating in the 
vicinity of NEGDWP are authorized to enter and move within such zones in 
the normal course of their operations following the requirements set 
forth in 33 CFR 150.340 and 150.345, respectively.
    (iii) All other vessel operators desiring to enter or operate within 
the safety zones described in paragraph (c)(1) of this section must 
contact the COTP or the COTP's authorized representative to obtain 
permission by calling the Sector Boston Command Center at 617-223-5761. 
Vessel operators given permission to enter or operate in the safety zone 
must comply with all directions given to them by the COTP or the COTP's 
authorized representative.
    (iv) No vessel, other than a support vessel or tanker calling on 
NEGDWP may anchor in the area described in paragraph (c)(2) of this 
section.

[USCG-2007-27887, 72 FR 45903, Aug. 16, 2007, as amended by USCG-2007-
0087, 73 FR 34194, June 17, 2008]

[[Page 214]]



                         SUBCHAPTER O_POLLUTION



PART 151_VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE, MUNICIPAL 

OR COMMERCIAL WASTE, AND BALLAST WATER--Table of Contents



      Subpart A_Implementation of MARPOL 73/78 and the Protocol on 
   Environmental Protection to the Antarctic Treaty as it Pertains to 
                          Pollution 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 oceangoing ships 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 and Category D Oil-
          like NLS.
151.37 Obtaining an Attachment for NLSs to the IOPP Certificate and 
          obtaining an NLS Certificate.
151.39 Operating requirements: Category D NLS.
151.41 Operating requirements for oceangoing ships with IOPP 
          Certificates: 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 NLSs that 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 the Great Lakes 
          and other navigable waters.
151.67 Operating requirements: Discharge of plastic prohibited.
151.69 Operating requirements: Discharge of garbage outside special 
          areas.
151.71 Operating requirements: Discharge of garbage within special 
          areas.
151.73 Operating requirements: Discharge of garbage from fixed or 
          floating platforms.
151.75 Grinders or comminuters.
151.77 Exceptions for emergencies.

Appendix A to Sec. Sec. 151.51 through 151.77--Summary of Garbage 
          Discharge Restrictions
151.79 Operating requirements: Discharge of sewage within Antarctica.

       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 conditional permit.
151.1018 Withdrawal of a conditional permit.
151.1021 Appeals.
151.1024 Display of number.

Subpart C_Ballast Water Management for Control of Nonindigenous Species 
                   in the Great Lakes and Hudson River

151.1500 Purpose.
151.1502 Applicability.
151.1504 Definitions.
151.1506 Restriction of operation.

[[Page 215]]

151.1508 Revocation of clearance.
151.1510 Ballast water management.
151.1512 Vessel safety.
151.1514 Ballast water management alternatives under extraordinary 
          conditions.
151.1516 Compliance monitoring.
151.1518 Penalties for failure to conduct ballast water management.

Subpart D_Ballast Water Management for Control of Nonindigenous 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 the mandatory 
          provisions of this subpart?
151.2010 Which vessels are exempt from the mandatory requirements?
151.2015 Is a vessel in innocent passage exempt from the mandatory 
          requirements?
151.2025 What definitions apply to this subpart?
151.2030 Who is responsible for determining when to use the safety 
          exemption?
151.2035 What are the required ballast water management practices for my 
          vessel?
151.2036 If my voyage does not take me into waters 200 nautical miles or 
          greater from any shore, must I divert to conduct a ballast 
          water exchange?
151.2037 If my vessel cannot conduct ballast water management 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 management requirements 
          for vessels equipped with ballast tanks that operate in the 
          waters of the United States and are bound for ports or places 
          in the United States?
151.2041 What are the mandatory ballast water reporting requirements for 
          all vessels equipped with ballast tanks bound for ports or 
          places of the United States?
151.2043 Equivalent Reporting Methods for vessels other than those 
          entering the Great Lakes or Hudson River after operating 
          outside the EEZ or Canadian equivalent.
151.2045 What are the mandatory recordkeeping requirements for vessels 
          equipped with ballast tanks that are bound for a port or place 
          in the United States?
151.2050 What methods are used to monitor compliance with this subpart?
151.2055 Where are the alternate exchange zones located? [Reserved]
151.2060 What must each application for approval of an alternative 
          compliance technology contain? [Reserved]
151.2065 What is the standard of adequate compliance determined by the 
          ANSTF for this subpart? [Reserved]

Appendix to Subpart D of Part 151--Ballast Water Reporting Form and 
          Instructions for Ballast Water Reporting Form

  Subpart E_Definition of Marine Debris for the Purposes of the Marine 
             Debris Research, Prevention, and Reduction Act

151.3000 Definition of marine debris for the purposes of the Marine 
          Debris Research, Prevention, and Reduction Act.

    Authority: 33 U.S.C. 1321, 1902, 1903, 1908; 46 U.S.C. 6101; Pub. L. 
104-227 (110 Stat. 3034); Pub. L. 108-293 (118 Stat. 1063), Sec. 623; 
E.O. 12777, 3 CFR, 1991 Comp. p. 351; DHS Delegation No. 0170.1, sec. 
2(77).



      Subpart A_Implementation of MARPOL 73/78 and the Protocol on 

   Environmental Protection to the Antarctic Treaty as it Pertains to 

                          Pollution 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 Prevent 
Pollution from Ships, 1980, as amended (33 U.S.C. 1901-1911) and Annexes 
I, II and V of the International Convention for the Prevention of 
Pollution from Ships, 1973, as modified by the Protocol of 1978 relating 
thereto (MARPOL 73/78), done at London on February 17, 1978. This 
subpart also implements the Antarctic Science, Tourism, and Conservation 
Act of 1996, and the Protocol on Environmental Protection to the 
Antarctic Treaty done at Madrid on October 4, 1991.

[CGD 88-002, 54 FR 18403, Apr. 28, 1989, as amended by CGD 88-002A, 55 
FR 18582, May 2, 1990; CGD 97-015, 62 FR 18045, Apr. 14, 1997; USCG-
2000-7641, 66 FR 55570, Nov. 2, 2001]

[[Page 216]]



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 by CGD 88-002A, 55 
FR 18582, May 2, 1990; CGD 97-015, 62 FR 18045, Apr. 14, 1997]



Sec. 151.04  Penalties for violation.

    (a) A person who violates MARPOL 73/78, the Act, or the regulations 
of this subpart is liable for a civil penalty for each violation, as 
provided by 33 U.S.C. 1908(b)(1). Each day of a continuing violation 
constitutes a separate violation.
    (b) A person who makes a false, fictitious statement or fraudulent 
representation in any matter in which a statement or representation is 
required to be made to the Coast Guard under MARPOL 73/78, the Act, or 
the regulations of this subpart, is liable for a civil penalty for each 
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 the 
regulations of this subpart commits a class D felony, as described in 18 
U.S.C. 3551 et seq. In the discretion of the Court, an amount equal to 
not more than one-half of the fine may be paid to the person giving 
information leading to conviction.
    (d) A ship operated in violation of MARPOL 73/78, the Act, or the 
regulations of this subpart is liable in rem for any civil penalty 
covered by paragraph (a) or (b) of this section, or any fine covered by 
paragraph (c) of this section, and may be proceeded against in the 
United States District Court of any district in which the ship may be 
found.

[CGD 88-002, 54 FR 18403, Apr. 28, 1989, as amended by CGD 88-002A, 55 
FR 18582, May 2, 1990; CGD 92-007, 57 FR 33261, 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, as amended (33 
U.S.C. 1901-1911).
    Antarctica means the area south of 60 degrees south latitude.
    Cargo associated wastes means all materials which have become wastes 
as a result of use on board a ship for cargo stowage and handling. Cargo 
associated wastes include, but are not limited to dunnage, shoring, 
pallets, lining and packing materials, plywood, paper, cardboard, wire, 
and steel strapping.
    Clean ballast means the ballast in a tank which, since oil was last 
carried therein, has been so cleaned that effluent therefrom, if it were 
discharged from a ship that is stationary into clean calm water on a 
clear day would not produce visible traces of oil on the surface of the 
water or adjoining shorelines or cause a sludge or emulsion to be 
deposited beneath the surface of the water or upon adjoining shorelines. 
If the ballast is discharged through an oil discharge monitoring and 
control system approved by the government of the country under whose 
authority the ship is operating, evidence based on such a system, to the 
effect that the oil content of the effluent does not exceed 15 parts per 
million (ppm) is determinative that the ballast is clean.
    Commandant means Commandant, U.S. Coast Guard.
    Discharge means any release, however caused, from a ship and 
includes any escape, disposal, spilling, leaking, pumping, emitting or 
emptying. It does not include--
    (1) Dumping within the meaning of the Convention on the Prevention 
of Marine Pollution by Dumping of Wastes and Other Matter, done at 
London on 13 November 1972; or
    (2) Release of oil or oily mixtures directly arising from the 
exploration, exploitation and associated off-shore processing of sea-bed 
mineral resources.
    Discharge, as defined by MARPOL 73/78 in relation to harmful 
substances or effluent containing such substances, means any release 
however caused from a ship, and includes any escape, disposal, spilling, 
leaking, pumping, emitting or emptying. It does not include--
    (1) Dumping within the meaning of the Convention on the Prevention 
of Marine Pollution by Dumping of Wastes and Other Matter, done at 
London on November 13, 1972; or

[[Page 217]]

    (2) The release of harmful substances directly arising from the 
exploration, exploitation, and associated offshore processing of seabed 
mineral resources; or
    (3) The release of harmful substances for purposes of legitimate 
scientific research relating to pollution abatement or control.
    Dishwater means the liquid residue from the manual or automatic 
washing of dishes and cooking utensils which have been pre-cleaned to 
the extent that any food particles adhering to them would not normally 
interfere with the operation of automatic dishwashers.
    Domestic wastes means all types of wastes generated in the living 
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 and auxiliary 
machinery of the ship carrying the fuel. The term ``fuel oil'' is also 
known as ``oil fuel.''
    Garbage means all kinds of victual, domestic, and operational waste, 
excluding fresh fish and parts thereof, generated during the normal 
operation of the ship and liable to be disposed of continuously or 
periodically, except dishwater, graywater, and those substances that are 
defined or listed in other Annexes to MARPOL 73/78.
    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 the St. 
Lawrence River west of a rhumb line drawn from Cap des Rosiers to West 
Point, Anticosti Island, and, on the north side of Anticosti Island, the 
meridian of longitude 63 degrees west.
    Harmful substance means any substance which, if introduced into the 
sea, is liable to create hazards to human health, harm living resources 
and marine life, damage amenities, or interfere with other legitimate 
uses of the sea, and includes any substance subject to control by MARPOL 
73/78.
    High viscosity Category B NLS means any Category B NLS having a 
viscosity of at least 25 mPa.s at 20 [deg]C and at least 25 mPa.s at the 
time it is unloaded.
    High viscosity Category C NLS means any Category C NLS having a 
viscosity of at least 60 mPa.s at 20 [deg]C and at least 60 mPa.s at the 
time it is unloaded.
    High viscosity NLS includes Category A NLSs having a viscosity of at 
least 25 mPa.s at 20 [deg]C and at least 25 mPa.s at the time they are 
unloaded, high viscosity Category B NLSs, and high viscosity Category C 
NLSs.
    Instantaneous rate of discharge of oil content means the rate of 
discharge of oil in liters per hour at any instant divided by the speed 
of the ship in knots at the same instant.
    Length means the horizontal distance between the foremost part of a 
ship's stem to the aftermost part of its stern, excluding fittings and 
attachments.
    Maintenance waste means materials collected while maintaining and 
operating the ship, including, but not limited to, soot, machinery 
deposits, scraped paint, deck sweepings, wiping wastes, and rags.
    Major conversion means a conversion of an existing ship--
    (1) That substantially alters the dimensions or carrying capacity of 
the ship; or
    (2) That changes the type of the ship; or
    (3) The intent of which, in the opinion of the government of the 
country under whose authority the ship is operating, is substantially to 
prolong its life; or
    (4) Which otherwise so alters the ship that, if it were a new ship, 
it would become subject to relevant provisions of MARPOL 73/78 not 
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 the Prevention 
of Pollution from Ships, 1973, as modified by the Protocol of 1978 
relating to that Convention. A copy of MARPOL 73/78 is available from 
the International Maritime Organization, 4 Albert Embankment, London, 
SE1, SR7, England.
    Medical waste means isolation wastes, infectious agents, human blood 
and

[[Page 218]]

blood products, pathological wastes, sharps, body parts, contaminated 
bedding, surgical wastes and potentially contaminated laboratory wastes, 
dialysis wastes, and such additional medical items as prescribed by the 
Administrator of the EPA by regulation.
    Nearest land. The term ``from the nearest land'' means from the 
baseline from which the territorial sea of the territory in question is 
established in accordance with international law, except that, for the 
purposes of these regulations, ``from the nearest land'' off the north 
eastern coast of Australia shall mean from a line drawn from a point on 
the coast of Australia in--

latitude 11[deg]00[min] South, longitude 142[deg]08[min] East to a point 
in--latitude 10[deg]35[min] South, longitude 141[deg]55[min] East, 
thence to a point--latitude 10[deg]00[min] South, longitude 
142[deg]00[min] East, thence to a point--latitude 9[deg]10[min] South, 
longitude 143[deg]52[min] East, thence to a point--latitude 
9[deg]00[min] South, longitude 144[deg]30[min] East, thence to a point--
latitude 13[deg]00[min] South, longitude 144[deg]00[min] East, thence to 
a point--latitude 15[deg]00[min] South, longitude 146[deg]00[min] East, 
thence to a point--latitude 18[deg]00[min] South, longitude 
147[deg]00[min] East, thence to a point--latitude 21[deg]00[min] South, 
longitude 153[deg]00[min] East, thence to a point 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 is laid 
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 which is 
begun after June 30, 1976; or
    (iii) That is completed after December 31, 1979.
    (5) For the purposes of Sec. Sec. 151.26 through 151.28, which is 
delivered on or after April 4, 1993.
    NLS means Noxious Liquid Substance.
    NLS Certificate means an International Pollution Prevention 
Certificate for the Carriage of Noxious Liquid Substances in Bulk issued 
under MARPOL 73/78.
    Noxious liquid substance (NLS) means--
    (1) Each substance listed in Sec. 151.47 or Sec. 151.49;
    (2) Each substance having an ``A'', ``B'', ``C'', or ``D'' beside 
it's name in the column headed ``Pollution Category'' in Table 1 of 46 
CFR Part 153; and
    (3) Each substance that is identified as an NLS in a written 
permission issued under 46 CFR 153.900 (d).
    Oceangoing ship means a ship that--
    (1) Is operated under the authority of the United States and engages 
in international voyages;
    (2) Is operated under the authority of the United States and is 
certificated for ocean service;
    (3) Is operated under the authority of the United States and is 
certificated for coastwise service beyond three miles from land;
    (4) Is operated under the authority of the United States and 
operates at any time seaward of the outermost boundary of the 
territorial sea of the United States as defined in Sec. 2.22 of this 
chapter; or
    (5) Is operated under the authority of a country other than the 
United States.
    Note: A Canadian or U.S. ship being operated exclusively on the 
Great Lakes of North America or their connecting and tributary waters, 
or exclusively on the internal waters of the United States and Canada; 
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 the substances listed in Appendix 
I of Annex I of MARPOL 73/78. ``Oil'' does not include animal and 
vegetable based oil or noxious liquid substances (NLS) designated under 
Annex II of MARPOL 73/78.
    Oil cargo residue means any residue of oil cargo whether in solid, 
semi-solid, emulsified, or liquid form from cargo tanks and cargo pump 
room bilges, including but not limited to, drainages, leakages, 
exhausted oil, muck, clingage, sludge, bottoms, paraffin (wax), and any 
constituent component

[[Page 219]]

of oil. The term ``oil cargo residue'' is also known as ``cargo oil 
residue.''
    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, and 
other similar occurrences from machinery spaces.
    Oily mixture means a mixture, in any form, with any oil content. 
``Oily mixture'' includes, but is not limited to--
    (1) Slops from bilges;
    (2) Slops from oil cargoes (such as cargo tank washings, oily waste, 
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 in Sec. 151.49.
    Oil tanker means a ship constructed or adapted primarily to carry 
oil in bulk in its cargo spaces and includes combination carriers and 
any ``chemical tanker'' as defined in Annex II of MARPOL 73/78 when it 
is carrying a cargo or part cargo of oil in bulk.
    Oily mixture means a mixture with any oil content, including bilge 
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 NLS cargo 
residues. ``Operational wastes'' includes ashes and clinkers (i.e., a 
mass of incombustible matter fused together by heat) from shipboard 
incinerators and coal-burning boilers but does not 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 private corporation, 
partnership, association, State, municipality, commission, political 
subdivision of a State, or any interstate body.
    Plastic means any garbage that is solid material, that contains as 
an essential ingredient one or more synthetic organic high polymers, and 
that is formed or shaped either during the manufacture of the polymer or 
polymers or during fabrication into a finished product by heat or 
pressure or both. ``Degradable'' plastics, which are composed of 
combinations of degradable starches and are either (a) synthetically 
produced or (b) naturally produced but harvested and adapted for use, 
are plastics under this part. Naturally produced plastics such as 
crabshells and other types of shells, which appear normally in the 
marine environment, are not plastics under this part.
    Note: Plastics possess material properties ranging from hard and 
brittle to soft and elastic. Plastics are used for a variety of marine 
applications including, but not limited to: food wrappings, products for 
personal hygiene, packaging (vaporproof barriers, bottles, containers, 
and liners), ship construction (fiberglass and laminated 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 fishing line, strapping bands, hardhats, and 
synthetic ropes and lines.
    Port means--
    (1) A group of terminals that combines to act as a unit and be 
considered a port for the purposes of this subpart;
    (2) A port authority or other organization that chooses to be 
considered a port for the purposes of this subpart; or
    (3) A place or facility that has been specifically designated as a 
port by the COTP.
    Prewash means a tank washing operation that meets the procedure in 
46 CFR 153.1120.
    Recognized Classification Society means a classification society 
that is a participating member of the International Association 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 ship 
because it fails to meet consignee specifications;
    (2) Any part of a Category A, B, C, or D NLS cargo remaining on the 
ship after the NLS is discharged to the consignee, including but not 
limited to puddles on the tank bottom and in sumps, clingage in the 
tanks, and substance remaining in the pipes; or
    (3) Any material contaminated with Category A, B, C, or D NLS cargo, 
including but not limited to bilge slops, ballast, hose drip pan 
contents, and tank wash water.

[[Page 220]]

    Segregated ballast means the ballast water introduced into a tank 
that is completely separated from the cargo oil and fuel oil system and 
that is permanently allocated to the carriage of ballast or to the 
carriage of ballast or cargoes other than oil or noxious substances as 
variously defined in the Annexes of MARPOL 73/78.
    Ship means a vessel of any type whatsoever, operating in the marine 
environment. This includes hydrofoils, air-cushion vehicles, 
submersibles, floating craft whether self-propelled or not, and fixed or 
floating drilling rigs and other platforms.
    Shipboard oil pollution emergency plan means a plan prepared, 
submitted, and maintained according to the provisions of Sec. Sec. 
151.26 through 151.28 of this subpart for United States ships or 
maintained according to the provisions of Sec. 151.29(a) of this 
subpart for foreign ships operated under the authority of a country that 
is party to MARPOL 73/78 or carried on board foreign ships operated 
under the authority of a country that is not a party to MARPOL 73/78, 
while in the navigable waters of the United States, as evidence of 
compliance with Sec. 151.21 of this subpart.
    Solidifying NLS means a Category A, B, or C NLS that has a melting 
point--
    (1) Greater than 0 [deg]C but less than 15 [deg]C and a temperature, 
measured under the procedure in 46 CFR 153.908(d), that is less than 5 
[deg]C above its melting point at the time it is unloaded; or
    (2) 15 [deg]C or greater and a temperature, measured under the 
procedure in 46 CFR 153.908(d), that is less than 10 [deg]C above its 
melting point at the time it is unloaded.
    Special area means a sea area, where for recognized technical 
reasons in relation to its oceanographical and ecological condition and 
to the particular character of the traffic, the adoption of special 
mandatory methods for the prevention of sea pollution by oil, NLSs, or 
garbage is required.
    Terminal means an onshore facility or an offshore structure located 
in the navigable waters of the United States or subject to the 
jurisdiction of the United States and used, or intended to be used, as a 
port or facility for the transfer or other handling of a harmful 
substance.
    Note: The Coast Guard interprets commercial fishing facilities, 
recreational boating facilities, and mineral and oil industry shorebases 
to be terminals for the purposes of Annex V of MARPOL 73/78, since these 
facilities normally provide wharfage and other services, including 
garbage handling, for ships.
    U.S. inspected ships means those ship required to be inspected 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; CGD 88-002A, 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; CGD 97-015, 62 FR 
18045, Apr. 14, 1997; USCG 2000-7079, 65 FR 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 descriptions of 
the special areas are as follows:
    (1) The Mediterranean Sea area means the Mediterranean Sea proper 
including the gulfs and seas therein, with the boundary between the 
Mediterranean and the Black Sea constituted by the 41[deg] N parallel 
and bounded to the west by the Straits of Gibraltar at the meridian of 
5[deg]36[min] W.
    (2) The Baltic Sea means the Baltic Sea proper with the Gulf of 
Bothnia, the Gulf of Finland, and the entrance to the Baltic Sea bounded 
by the parallel of the Skaw in the Skagerrak at 57[deg]44.8[min] N.
    (3) The Black Sea area means the Black Sea proper with the boundary 
between the Mediterranean Sea and the Black Sea constituted by the 
parallel 41[deg] N.
    (4) The Red Sea area means the Red Sea proper including the Gulfs of 
Suez and Aqaba bounded at the south by the rhumb line between Ras si 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 the 
rhumb 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).

[[Page 221]]

    (6) The Gulf of Aden areas means the part of the Gulf of Aden 
between the Red Sea and the Arabian Sea bounded to the west by the rhumb 
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 Ras Asir (11[deg]50[min] N, 51[deg]16.9[min] E) 
and the Ras Fartak (15[deg]35[min] N, 52[deg]13.8[min] E).
    (7) The Antarctic areas means the sea south of 60[deg] south 
latitude.
    (8) The North West European waters mean the North Sea and its 
approaches, the Irish Sea and its approaches, the Celtic Sea, the 
English Channel and its approaches and part of the North East Atlantic 
immediately to the west of Ireland. The area is bounded by lines joining 
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 enclosed by 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 area enclosed 
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] N and eastwards of 
longitude 4[deg] W; the Skagerrak, the southern limit of which is 
determined east of the Skaw by latitude 57[deg]44.8[min] N; and the 
English Channel and its approaches eastwards of longitude 5[deg] W.
    (12) The Wider Caribbean region means the Gulf of Mexico and 
Caribbean Sea proper, including the bays and seas therein and that 
portion of the Atlantic Ocean within the boundary constituted by the 
30[deg] N parallel from Florida eastward to 77[deg]30[min] W meridian, 
thence a rhumb line to the intersection of 20[deg] N parallel and 
59[deg] W meridian, thence a rhumb line to the intersection of 
7[deg]20[min] N parallel and 50[deg] W meridian, thence a rhumb line 
drawn southwesterly to the eastern boundary of French Guiana.
    (b) Special areas for the purpose of Annex I of MARPOL 73/78 include 
those referenced in Sec. 151.13. Special areas for the purposes of 
Annex II of MARPOL 73/78 include those referenced in Sec. 151.32. 
Special areas for the purpose of Annex V of MARPOL 73/78 include those 
referenced in Sec. 151.53.

[CGD 94-056, 60 FR 43377, Aug. 21, 1995, as amended by USCG-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 Commanding Officer, 
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 compliance with 
MARPOL 73/78 or not having an IOPP Certificate or evidence of compliance 
with MARPOL 73/78 on board;

[[Page 222]]

    (c) Receive and investigate reports under Sec. 151.15; and
    (d) Issue subpoenas to require the attendance of any witness and the 
production of documents and other evidence, in the course of 
investigations of potential violations of the Act to Prevent Pollution 
from Ships, as amended (33 U.S.C. 1901-1911), this subpart, or MARPOL 
73/78.

[CGD 88-002, 54 FR 18404, Apr. 28, 1989, as amended by CGD 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 oceangoing 
tanker or any other oceangoing ship of 400 gross tons or more required 
by Sec. 151.10 to retain oil, oil residue, or oily mixtures on 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 to be prewashed 
under 46 CFR part 153, may enter any port or terminal under Sec. 
158.110(a) of this chapter unless the port or terminal has a Certificate 
of Adequacy, as defined in Sec. 158.120 of this chapter.
    (b) A COTP may deny the entry of a ship to a port or terminal under 
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 the requirements 
of subpart D of part 158.

[CGD 88-002, 54 FR 18404, Apr. 28, 1989, as amended by USCG-2000-7641, 
66 FR 55570, Nov. 2, 2001]

                              Oil Pollution

    Source: Sections 151.09 through 151.25 appear by CGD 75-124a, 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 ship that--
    (1) Is operated under the authority of the United States and engages 
in international voyages;
    (2) Is operated under the authority of the United States and is 
certificated for ocean service;
    (3) Is operated under the authority of the United States and is 
certificated for coastwise service beyond three nautical miles from 
land;
    (4) Is operated under the authority of the United States and 
operates at any time seaward of the outermost boundary of the 
territorial sea of the United States as defined in Sec. 2.22(a)(2) of 
this chapter; or
    (5) Is operated under the authority of a country other than the 
United States while in the navigable waters of the United States, or 
while at a port or terminal under the jurisdiction of the United States.
    (b) Sections 151.09 through 151.25 do not apply to--
    (1) A warship, naval auxiliary, or other ship owned or operated by a 
country when engaged in noncommercial service;
    (2) A Canadian or U.S. ship being operated exclusively on the Great 
Lakes of North America or their connecting and tributary waters;
    (3) A Canadian or U.S. ship being operated exclusively on the 
internal 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 States 
oceangoing ship specified in paragraphs (a)(1) through (a)(4) of this 
section which is--
    (1) An oil tanker of 150 gross tons and above or other ship of 400 
gross tons and above; or
    (2) A fixed or floating drilling rig or other platform, when not 
engaged in the exploration, exploitation, or associated offshore 
processing 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 in such 
a manner that no oil in any form can be carried aboard.
    (e) Section 151.26(b)(5) applies to all vessels subject to the 
jurisdiction of the United States and operating in Antarctica.


[[Page 223]]


    Note to Sec. 151.09(c)(3): The term ``internal waters'' is defined 
in Sec. 2.24 of this chapter.

[CGD 88-002, 54 FR 18404, Apr. 28, 1989, as amended by CGD 88-002A, 55 
FR 18582, May 2, 1990; CGD 93-030, 59 FR 51338, 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]



Sec. 151.10  Control of oil discharges.

    (a) When more than 12 nautical miles from the nearest land, any 
discharge of oil or oily mixtures into the sea from a ship other than an 
oil tanker or from machinery space bilges of an oil tanker is prohibited 
except when all of the following conditions are satisfied--
    (1) The oil or oily mixture does not originate from cargo pump room 
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 than 15 
parts per million (ppm); and
    (6) The ship has in operation oily-water separating equipment, a 
bilge monitor, bilge alarm, or combination thereof as required by part 
155 subpart B of this chapter.
    (b) When within 12 nautical miles of the nearest land, any discharge 
of oil or oily mixtures into the sea from a ship other than an oil 
tanker or from machinery space bilges of an oil tanker is prohibited 
except when all of the following conditions are satisfied--
    (1) The oil or oily mixture does not originate from cargo pump room 
bilges;
    (2) The oil or oily mixture is not mixed with oil cargo residues;
    (3) The oil content of the effluent without dilution does not exceed 
15 ppm;
    (4) The ship has in operation oily-water separating equipment, a 
bilge monitor, bilge alarm, or combination thereof as required by part 
155 subpart B of this chapter; and
    (5) The oily-water separating equipment is equipped with a 15 ppm 
bilge alarm; for U.S. inspected ships, approved under 46 CFR 162.050 and 
for U.S. uninspected ships and foreign ships, either approved under 46 
CFR 162.050 or listed in the current International Maritime Organization 
(IMO) Marine Environment Protection Committee (MEPC) Circular summary of 
MARPOL 73/78 approved equipment.
    Note: In the navigable waters of the United States, the Federal 
Water Pollution Control Act (FWPCA), section 311(b)(3) and 40 CFR part 
110 govern all discharges of oil or oily-mixtures.
    (c) The overboard discharge of any oil cargo residues and oily 
mixtures that include oil cargo residues from an oil tanker is 
prohibited, unless discharged in compliance with part 157 of this 
chapter.
    (d) When more than 12 nautical miles from the nearest land, any 
discharge of oil or oily mixtures into the sea from a ship other than an 
oil tanker or from machinery space bilges of an oil tanker; that is not 
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 this 
section do not apply to the discharge of clean or segregated ballast.
    (f) The person in charge of an oceangoing ship that cannot discharge 
oily mixtures into the sea in compliance with paragraphs (a), (b), (c), 
or (d) of this section must ensure that those oily mixtures are--
    (1) Retained on board; or
    (2) Discharged to a reception facility. If the reception facility is 
in a port or terminal in the United States, each person who is in charge 
of each oceangoing tanker or any other oceangoing ship of 400 gross tons 
or more shall notify the port or terminal, at least 24 hours before 
entering the port or terminal, of--
    (i) The estimated time of day the ship will discharge oily mixtures;
    (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 regulations that 
could require a written description of the oil residues and oily 
mixtures to be discharged. For example, a residue or mixture containing 
oil might have a flashpoint less than 60 [deg]C (140 [deg]F) and thus 
have the characteristic of ignitability under 40 CFR 261.21, which might 
require a description of the waste for a manifest under 40 CFR part 262, 
subpart B. Occupational safety and

[[Page 224]]

health concerns may be covered, as well as environmental ones.
    The notice required in this section is in addition to those required 
by other Federal, state, and local laws and regulations. Affected 
persons should contact the appropriate Federal, state, or local agency 
to determine whether other notice and information requirements, 
including 40 CFR Parts 262 and 263, apply to them.
    (g) No discharge into the sea shall contain chemicals or other 
substances introduced for the purpose of circumventing the conditions of 
discharge specified in this regulation.
    (h) This section does not apply to a fixed or floating drilling rig 
or other platform that is operating under a National Pollutant Discharge 
Elimination System (NPDES) permit.

[CGD 75-124a, 48 FR 45709, Oct. 6, 1983, as amended by CGD 78-035, 50 FR 
36793, Sept. 9, 1985. Redesignated by CGD 88-002, 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 necessary for 
the purpose of securing the safety of a ship or saving life at sea.
    (2) The discharge into the sea of oil or oily mixture resulting from 
damage to a ship or its equipment--
    (i) Provided that all reasonable precautions have been taken after 
the occurrence of the damage or discovery of the discharge for the 
purpose of preventing or minimizing the discharge; and
    (ii) Except if the owner or the master acted either with intent to 
cause damage, or recklessly and with knowledge that damage would 
probably result.
    (b) [Reserved]

[CGD 75-134a, 48 FR 45709, Oct. 6, 1983, as amended by CGD 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 through 151.25, the 
special areas are the Mediterranean Sea area, the Baltic Sea area, the 
Black Sea area, the Red Sea area, the Gulfs area, the Gulf of Aden, and 
the Antarctic area, the North West European waters, and Oman area of the 
Arabian Sea which are described in Sec. 151.06. The discharge 
restrictions are effective in the Mediterranean 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 not 
discharge oil or oily mixture within a special area. In the Antarctic 
area, discharge into the sea of oil or oily mixture from any ship is 
prohibited.
    (2) A ship of less than 400 gross tons other than an oil tanker may 
not discharge oil or oily mixture within a special area, unless the oil 
content of the effluent without dilution does not exceed 15 parts per 
million (ppm).
    (3) All ships operating in the Antarctic area must have on board a 
tank or tanks of sufficient capacity to retain all oily mixtures while 
operating in the area and arrangements made to discharge oily mixtures 
at a reception facility outside the Antarctic area.
    (c) The provisions of paragraph (b) of this section do not apply to 
the discharge of clean or segregated ballast.
    (d) The provisions of paragraph (b)(1) of this section do not apply 
to the discharge of processed bilge water from machinery space bilges, 
provided that all of the following conditions are satisfied--
    (1) The bilge water does not originate from cargo pump room bilges;
    (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 not exceed 
15 ppm;
    (5) The ship has in operation oily-water separating equipment 
complying with part 155 of this chapter; and
    (6) The oily-water separating equipment is equipped with a device 
that stops the discharge automatically when the oil content of the 
effluent exceeds 15 ppm.
    (e) No discharge into the sea shall contain chemicals or other 
substances introduced for the purpose of circumventing the conditions of 
discharge specified in this section.
    (f) The oily mixtures that cannot be discharged into the sea in 
compliance

[[Page 225]]

with paragraphs (b), (c), or (d) of this section shall be retained on 
board or discharged to reception facilities.
    (g) Nothing in this section prohibits a ship on a voyage, only part 
of which is in a special area, from discharging outside the special area 
in accordance with Sec. 151.10.
    (h) In accordance with Regulation 38.6.1 of Annex I of MARPOL 73/78, 
the discharge restriction in Sec. 151.13 for the Red Sea area, Gulfs 
area, Gulf of Aden area, the Oman area of the Arabian Sea, and the 
Southern South African waters will enter into effect when each party to 
MARPOL 73/78 whose coastline borders the special area has certified that 
reception facilities are available and the IMO has established an 
effective date for each special area. Notice of the effective dates for 
the discharge requirements in these special areas will be published in 
the Federal Register and reflected in this section.

[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, or 
operator of a vessel involved in any incident described in paragraph (c) 
of this section must report the particulars of the incident without 
delay to the fullest extent possible under the provisions of this 
section.
    (b) If a vessel involved in an incident is abandoned, or if a report 
from that vessel is incomplete or unattainable, the owner, charterer, 
manager, operator, or their agent must assume the obligations placed 
upon the master or other person having charge of the 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 vessel or 
its equipment, or for the purpose of securing the safety of a vessel or 
saving a life at sea;
    (2) A discharge of oil in excess of the quantities or instantaneous 
rate permitted in Sec. Sec. 151.10 or 151.13 of 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 or its 
equipment. The factors you must consider to determine whether a 
discharge is probable include, but are not limited to--
    (i) Ship location and proximity to land or other navigational 
hazards;
    (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 or 
equipment. Such damage may be caused by collision, grounding, fire, 
explosion, structural failure, flooding or cargo shifting or a failure 
or breakdown of steering gear, propulsion, electrical generating system 
or essential shipboard navigational aids.
    (d) Each report must be made by radio whenever possible, or by the 
fastest telecommunications channels available with the highest possible 
priority at the time the report is made to--
    (1) The appropriate officer or agency of the government of the 
country in whose waters the incident occurs; and
    (2) The nearest Captain of the Port (COTP) or the National Response 
Center (NRC), toll free number 800-424-8802 (in Washington, DC, 
metropolitan area, 202-267-2675), fax 202-267-1322, telex number 892427 
for incidents involving U.S. vessels in any body of water; or incidents 
involving foreign flag vessels in the navigable waters of the United 
States; or incidents involving foreign-flag tank vessels within waters 
subject to the jurisdiction of the United States, including the 
Exclusive Economic 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 incident 
occurred;

[[Page 226]]

    (5) The wind and the sea condition prevailing at the time of the 
incident;
    (6) Relevant details respecting the condition of the vessel;
    (7) A statement or estimate of the quantity of the harmful substance 
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 section 
to send a report must--
    (1) Supplement the initial report, as necessary, with information 
concerning further developments; and
    (2) Comply as fully as possible with requests from affected 
countries for additional information concerning the incident.
    (g) A report made under this section satisfies the reporting 
requirements of Sec. 153.203 of this chapter and of 46 CFR 4.05-1 and 
4.05-2, if required under those provisions.

[USCG-2000-6927, 70 FR 74675, Dec. 16, 2005, as amended 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 every 
other U.S. ship of 400 gross tons and above; that is required to have an 
International Oil Pollution Prevention (IOPP) Certificate on board and 
to which this part applies, except as provided for in paragraphs (b) and 
(d) of this section; is subject to the following surveys conducted by 
the Coast Guard--
    (1) An initial survey, conducted before the ship is put in service 
or before an IOPP Certificate required under Sec. 151.19 is issued for 
the first time; this survey includes a complete examination of its 
structure, equipment, systems, fittings, arrangements and material in so 
far as the ship is covered by this chapter.
    (2) Periodic renewal surveys conducted at intervals corresponding 
with the renewal of the IOPP Certificates. The purpose of the survey is 
to determine whether the structure, equipment, systems, fittings, 
arrangements, and material comply with the requirements of parts 155 and 
157 of this chapter.
    (3) Annual surveys for inspected ships conducted as close as 
practicable to twelve (12) and thirty-six (36) months from the date of 
issuance of the IOPP Certificate, and not more than two months prior to 
or later than these twelve and thirty-six month dates; this survey is to 
determine that the oily-water separating equipment and associated pumps 
and piping systems remain satisfactory for the service 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 as 
practicable to twenty-four (24) months from the date of issuance of the 
IOPP Certificates, and not more than six months prior to or later than 
that twenty-four month date; this survey is to determine whether the 
equipment and associated pump and piping systems, including oil 
discharge monitoring and control systems, and oily-water separating 
equipment comply with the requirements of parts 155 and 157 of this 
chapter, and are in good working order, and is to be endorsed on the 
IOPP Certificate.
    (5) Intermediate surveys for uninspected ships conducted as close as 
practicable to thirty (30) months from the date of issuance of the IOPP 
Certificate, and not more than six months prior to or later than that 
thirty month date; this survey is to determine whether the equipment and 
associated pump and piping systems, including oil discharge monitoring 
and control systems, and oily-water separating equipment comply with the 
requirements of parts 155 and 157 of this chapter, and are in good 
working order, and is to be endorsed on the IOPP 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; that is not 
required to have an IOPP Certificate on board is subject to the 
following surveys to be conducted by the Coast Guard--
    (1) An initial survey conducted before the ship is put into service.
    (2) All other surveys are conducted concurrently with either 
inspections for certification or required reinspections.

[[Page 227]]

    (c) After any survey of a ship under this section has been 
completed, no significant change may be made in the construction, 
equipment, fittings, arrangements or material covered by the survey 
without the sanction of the COTP or OCMI except for the direct 
replacement 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 IOPP Certificate 
on board are not required to be surveyed under this section.

[CGD 75-124a, 48 FR 45709, Oct. 6, 1983, as amended by USCG-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 each other 
U.S. ship of 400 gross tons and above; that engages in voyages to ports 
or off-shore terminals under the jurisdiction of other parties to MARPOL 
73/78 must have on board a valid International Oil Pollution Prevention 
(IOPP) Certificate.
    (b) Each oil tanker of 150 gross tons and above and each other ship 
of 400 gross tons and above, operated under the authority of a country 
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 a 
classification society authorized under 46 CFR part 8, after a 
satisfactory survey in accordance with the provisions of Sec. 151.17.
    (d) The Supplement to the IOPP Certificate is a part of the IOPP 
Certificate and must remain attached to that Certificate. If the 
Supplement to the Certificate is changed, a new IOPP Certificate will be 
required.
    (e) The IOPP Certificate for each inspected or uninspected ship is 
valid for a maximum period of 5 years from the date of issue, except as 
follows:
    (1) A Certificate ceases to be valid if significant alterations have 
taken place in the construction, equipment, fittings, or arrangements 
required by the pollution prevention requirements of parts 155 or 157 of 
this chapter without the approval of the COTP or the OCMI.
    (2) A Certificate ceases to be valid if intermediate surveys as 
required by Sec. 151.17 of this part are not carried out.
    (3) A Certificate issued to a ship ceases to be valid upon transfer 
of the ship to the flag of another country.

(Approved by the Office of Management and Budget under control number 
1625-0041)

[CGD 75-124a, 48 FR 45709, Oct. 6, 1983, as amended by CGD 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 other ship 
of 400 gross tons and above, operated under the authority of a country 
not a party to MARPOL 73/78, must have on board valid documentation 
showing that the ship has been surveyed in accordance with and complies 
with the requirements of MARPOL 73/78. Evidence of compliance may be 
issued by either the government of a country that is party 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 control number 
1625-0019)

[CGD 75-124a, 48 FR 45709, Oct. 6, 1983, as amended by CGD 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 the United 
States, a ship is subject to inspection by the Coast Guard--
    (1) To determine that a valid IOPP Certificate is on board and that 
the condition of the ship and its equipment corresponds substantially 
with the particulars of the IOPP Certificate;
    (2) To determine that evidence of compliance with MARPOL 73/78, as 
required by Sec. 151.21 is on board and that

[[Page 228]]

the condition of the ship and its equipment corresponds substantially 
with the particulars of this evidence of compliance;
    (3) To determine whether a ship has been operating in accordance 
with and has not discharged any oil or oily mixtures in violation of the 
provisions of MARPOL 73/78 or this subchapter;
    (4) To determine whether a ship has discharged oil or oily mixtures 
anywhere in violation of MARPOL 73/78, upon request from a party to 
MARPOL 73/78 for an investigation when the requesting party has 
furnished sufficient evidence to support a reasonable belief that a 
discharge has occurred.
    (b) A ship that does not comply with the requirements of parts 151, 
155 and 157 of this chapter, or where the condition of the ship or its 
equipment does not substantially agree with the particulars of the IOPP 
Certificate or other required documentation, may be detained by order of 
the COTP or OCMI, at the port or terminal where the violation is 
discovered until, in the opinion of the detaining authority, the ship 
can proceed to sea without presenting an unreasonable threat of harm to 
the marine environment. The detention order may authorize the ship to 
proceed to the nearest appropriate available shipyard rather than 
remaining at the place where the violation was discovered.
    (c) An inspection under this section may include an examination of 
the Oil Record Book, the oil content meter continuous records, and a 
general examination of the ship. A copy of any entry in the Oil Record 
Book may be made and the Master of the ship may be required to certify 
that the copy is a true copy of such entry.

[CGD 75-124a, 48 FR 45709, Oct. 6, 1983, as amended by CGD 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 gross 
tons and above other than an oil tanker, and manned fixed or floating 
drilling rig or other platform shall maintain an Oil Record Book Part I 
(Machinery Space Operations). An oil tanker of 150 gross tons and above 
or a non oil tanker that carries 200 cubic meters or more of oil in 
bulk, shall also maintain an Oil Record Book Part II (Cargo/Ballast 
Operations).
    (b) An Oil Record Book printed by the U.S. Government is available 
to the masters or operators of all U.S. ships subject to this section, 
from any Coast Guard Sector Office, Marine Inspection Office, or Captain 
of the Port Office.
    (c) The ownership of the Oil Record Book of all U.S. ships remains 
with 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 following 
machinery space operations take place on any ship to which this section 
applies--
    (1) Ballasting or cleaning of fuel oil tanks;
    (2) Discharge of ballast containing an oily mixture or cleaning 
water from fuel oil tanks;
    (3) Disposal of oil residue; and
    (4) Discharge overboard or disposal otherwise of bilge water that 
has 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 following 
cargo/ballast operations take place on any oil tanker to which this 
section 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 slop 
tank discharge operations;
    (9) Closing of valves necessary for isolation of dedicated clean 
ballast tanks from cargo and stripping lines after slop tank discharge 
operations; 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,

[[Page 229]]

whenever any of the following operations take place on a fixed or 
floating drilling rig or other 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 exceptional 
discharge of oil or oily mixture, a statement shall be made in the Oil 
Record Book of the circumstances of, and the reasons for, the discharge.
    (h) Each operation described in paragraphs (d), (e) and (f) of this 
section shall be fully recorded without delay in the Oil Record Book so 
that all the entries in the book appropriate to that operation are 
completed. Each completed operation shall be signed by the person or 
persons in charge of the operations concerned and each completed page 
shall be signed by the master or other person having charge of the ship.
    (i) The Oil Record Book shall be kept in such a place as to be 
readily available for inspection at all reasonable times and shall be 
kept on board the ship.
    (j) The master or other person having charge of a ship required to 
keep an Oil Record Book shall be responsible for the maintenance of such 
record.
    (k) The Oil Record Book for a U.S. ship shall be maintained on board 
for not less than three years.
    (l) This section does not apply to a barge or a fixed or floating 
drilling rig or other platform that is not equipped to discharge 
overboard any oil or oily mixture.
    (m) This section does not apply to a fixed or floating drilling rig 
or other platform that is operating in compliance with a valid National 
Pollutant Discharge Elimination System (NPDES) permit.

(Approved by the Office of Management and Budget under control number 
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 pollution emergency plan 
must be available on board in English and in the working language of the 
master and the officers of the ship, if other than English.
    (b) Plan format. The plan must contain the following six sections. A 
seventh non-mandatory section may be included at the shipowner's 
discretion:
    (1) Introduction. This section must contain the following:
    (i) Introductory text. The introductory text of the plan must 
contain the following language (For ships operating in Antarctica, the 
introductory text of the plan must contain the following language and 
explain that they are in accordance with the Protocol on Environmental 
Protection to the Antarctic Treaty):

    This plan is written in accordance with the requirements of 
Regulation 26 of Annex I of the International Convention for the 
Prevention of Pollution from Ships, 1973, as modified by the Protocol of 
1978 relating thereto (MARPOL 73/78).
    The purpose of the plan is to provide guidance to the master and 
officers on board the ship with respect to the steps to be taken when a 
pollution incident has occurred or is likely to occur.
    The plan contains all information and operational instructions 
required by the guidelines (Resolution MEPC.54(32)). The appendices 
contain names, telephone numbers, telex numbers, etc. of all contacts 
referenced in the plan, as well as other reference material.
    This plan has been approved by the Coast Guard and, except as 
provided below, no alteration or revision may be made to any part of it 
without the prior approval of the Coast Guard.
    Changes to the seventh section of the plan and the appendices do not 
require approval by the Coast Guard. The appendices must be maintained 
up-to-date by the owners, operators, and managers.

    (ii) General information.
    (A) The ship's name, call sign, official number, International 
Maritime Organization (IMO) international number, and principal 
characteristics.
    (B) [Reserved]
    (2) Preamble. This section must contain an explanation of the 
purpose and use of the plan and indicate how the

[[Page 230]]

shipboard plan relates to other shore-based plans.
    (3) Reporting Requirements. This section of the plan must include 
information relating to the following:
    (i) When to report. A report shall be made whenever an incident 
involves--
    (A) A discharge of oil or oily mixture resulting from damage to the 
ship or its equipment, or for the purpose of securing the safety of a 
ship or saving life at sea;
    (B) A discharge of oil or oily mixture during the operation of the 
ship in excess of the quantities or instantaneous rate permitted in 
Sec. 151.10 of this subpart or in Sec. 157.37 of this subchapter; or
    (C) A probable discharge. Factors to be considered in determining 
whether a discharge is probable include, but are not limited to: ship 
location and proximity to land or other navigational hazards, weather, 
tide, current, sea state, and traffic density. The master must make a 
report in cases of collision, grounding, fire, explosion, structural 
failure, flooding or cargo shifting, or an incident resulting in failure 
or breakdown of steering gear, propulsion, electrical generating system, 
or essential shipborne navigational aids.
    (ii) Information required. This section of the plan must include a 
notification form, such as that depicted in Table 151.26(b)(3)(ii)(A), 
that contains information to be provided in the initial and follow-up 
notifications. The initial notification should include as much of the 
information on the form as possible, and supplemental information, as 
appropriate. However, the initial notification must not be delayed 
pending collection of all information. Copies of the form must be placed 
at the location(s) on the ship from which notification may be made.

[[Page 231]]

[GRAPHIC] [TIFF OMITTED] TR07OC94.020


[[Page 232]]


[GRAPHIC] [TIFF OMITTED] TR07OC94.021

    (iii) Whom to contact. (A) This section of the plan must make 
reference to the appendices listing coastal state contacts, port 
contacts, and ship interest contacts.
    (B) For actual or probable discharges of oil, or oily mixtures the 
reports must comply with the procedures described in MARPOL Protocol I. 
The reports shall be directed to either the nearest Captain of the Port 
(COTP) or to the National Response Center (NRC), toll free telephone 
number: 800-424-8802, direct telephone: 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 any 
Antarctic station that may be affected.
    (4) Steps to control a discharge. This section of the plan must 
contain a discussion of procedures to address the following scenarios:
    (i) Operational spills: The plan must outline procedures for removal 
of oil spilled and contained on deck. The plan must also provide 
guidance to ensure proper disposal of recovered oil and cleanup 
materials;
    (A) Pipe leakage: The plan must provide specific guidance for 
dealing with pipe leakage;
    (B) Tank overflow: The plan must include procedures for dealing with 
tank overflows. It must provide alternatives such as transferring cargo 
or bunkers to empty or slack tanks, or readying pumps to transfer the 
excess ashore;
    (C) Hull leakage: The plan must outline procedures for responding to 
spills due to suspected hull leakage, including guidance on measures to 
be taken to reduce the head of oil in the tank involved either by 
internal transfer or discharge ashore. Procedures to handle situations 
where it is not possible to identify the specific tank from which

[[Page 233]]

leakage is occurring must also be provided. Procedures for dealing with 
suspected hull fractures must be included. These procedures must take 
into account the effect of corrective actions on hull stress and 
stability.
    (ii) Spills resulting from casualties: Each of the casualties listed 
below must be treated in the plan as a separate section comprised of 
various checklists or other means which will ensure that the master 
considers all appropriate factors when addressing the specific casualty. 
These checklists must be tailored to the specific ship. In addition to 
the checklists, specific personnel assignments for anticipated tasks 
must be identified. Reference to existing fire control plans and muster 
lists is sufficient to identify personnel responsibilities 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 assignments 
required by paragraph (b)(4)(ii) of this section, the plan must 
include--
    (A) Priority actions to ensure the safety of personnel and the ship, 
assess the damage to the ship, and take appropriate further action;
    (B) Information for making damage stability and longitudinal 
strength assessments, or contacting classification societies to acquire 
such information. Nothing in this section shall be construed as creating 
a requirement for damage stability plans or calculations beyond those 
required by law or regulation; and
    (C) Lightening procedures to be followed in cases of extensive 
structural damage. The plan must contain information on procedures to be 
followed for ship-to-ship transfer of cargo. Reference may be made in 
the plan to existing company guides. A copy of such company procedures 
for ship-to-ship transfer operations must be kept in the plan. The plan 
must address the coordination of this activity with the coastal or port 
state, as appropriate.
    (5) National and Local Coordination. (i) This section of the plan 
must contain information to assist the master in initiating action by 
the coastal State, local government, or other involved parties. This 
information must include guidance to assist the master with organizing a 
response to the incident should a response not be organized by the shore 
authorities. Detailed information for specific areas may be included as 
appendices to the plan.
    (ii) For Antarctica, a vessel owner or operator must include a plan 
for prompt and effective response action to such emergencies as might 
arise in the performance of its vessel's activities.
    (iii) To comply with paragraph (b)(5)(ii) of this section, an agency 
of the United States government may promulgate a directive providing for 
prompt and effective response by the agency's public vessels operating 
in Antarctica.
    (6) Appendices. Appendices must include the following information:
    (i) Twenty-four hour contact information and alternates to the 
designated contacts. These details must be routinely updated to account 
for personnel changes and changes in telephone, telex, and telefacsimile 
numbers. Clear guidance must also be provided regarding the preferred 
means of communication.
    (ii) The following lists, each identified as a separate appendix:
    (A) A list of agencies or officials of coastal state administrations 
responsible for receiving and processing incident reports;
    (B) A list of agencies or officials in regularly visited ports. When 
this is not feasible, the master must obtain details concerning local 
reporting procedures upon arrival in port; and
    (C) A list of all parties with a financial interest in the ship such 
as ship and cargo owners, insurers, and salvage interests.
    (D) A list which specifies who will be responsible for informing the 
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 by the 
shipowner, it should include the following types of information or any 
other information that may be appropriate:
    (i) Diagrams;

[[Page 234]]

    (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 as depicted in 
Table 151.26(b)(8).

          Table 151.26(b)(8)--Index of Sections--Sample Format

                                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 by CGD 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 it 
carries on board a shipboard oil pollution emergency plan approved by 
the Coast Guard. An unmanned ship subject to this regulation must carry 
the notification list required in Sec. 151.26(b)(3) on board in the 
documentation container; remaining sections of the plan must be 
maintained on file at the home office. For new ships, plans must be 
submitted at least 90 days before the ship intends to begin operations.
    (b) An owner or operator of a ship to which this part applies shall 
prepare and submit one English language copy of the shipboard oil 
pollution emergency plan to Commandant (CG-5431), U.S. Coast Guard, 2100 
2nd St., SW., Stop 7581, Washington, DC 20593-7581.
    (c) An owner or operator with multiple ships to which this part 
applies may submit one plan for each type of ship with a separate ship-
specific appendix for each vessel covered by the plan.
    (d) Combined shipboard oil pollution emergency plans and response 
plans meeting the requirements of subparts D and E of part 155 of this 
chapter must be prepared according to Sec. 155.1030(j) of this chapter.
    (e) If the Coast Guard determines that the plan meets all 
requirements of this section, the Coast Guard will notify the owner or 
operator of the ship and return a copy of the approved plan along with 
an approval letter. The approval period for a plan expires 5 years after 
the plan approval date.
    (f) If the Coast Guard determines that the plan does not meet all of 
the requirements, the Coast Guard will notify the owner or operator of 
the plan's deficiencies. The owner or operator must then resubmit two 
copies of the revised plan, or corrected portions of the plan, within 
time period specified in the written notice provided by the Coast Guard.

[CGD 93-030, 59 FR 51342, Oct. 7, 1994, as amended by CGD 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; USCG-2010-0351, 75 FR 36284, June 
25, 2010]



Sec. 151.28  Plan review and revision.

    (a) An owner or operator of a ship to which this subpart applies 
must review the shipboard oil pollution emergency plan annually and 
submit a letter to Commandant (CG-5431) certifying that the review has 
been completed. This review must occur within 1 month of the anniversary 
date of Coast Guard approval of the plan.
    (b) The owner or operator shall submit any plan amendments to 
Commandant (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 approval period 
identified in Sec. 151.27(e) of this subpart.
    (d) A record of annual review and changes to the plan must be 
maintained in the last appendix of section six of the plan.
    (e) Except as provided in paragraph (f) of this section, revisions 
must receive prior approval by the Coast Guard before they can be 
incorporated into the plan.

[[Page 235]]

    (f) Revisions to the seventh section of the plan and the appendices 
do not require approval by the Coast Guard. The Coast Guard shall be 
advised and provided a copy of the revisions as they occur.

[CGD 93-030, 59 FR 51342, Oct. 7, 1994, as amended by CGD 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 other ship 
of 400 gross tons and above, operated under the authority of a country 
other than the United States that is party to MARPOL 73/78, shall, while 
in the navigable waters of the United States or while at a port or 
terminal under the jurisdiction of the United States, carry on board a 
shipboard oil pollution emergency plan approved by its flag state.
    (b) Each oil tanker of 150 gross tons and above and each other ship 
of 400 gross tons and above, operated under the authority of a country 
that is not a party to MARPOL 73/78, must comply with Sec. 151.21 of 
this subpart while in the navigable waters of the United States.

[CGD 93-030, 59 FR 51342, Oct. 7, 1994]

                   Noxious Liquid Substance Pollution

    Source: Sections 151.30 through 151.49 appear by CGD 85-010, 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 ship that--
    (1) Is operated under the authority of the United States and engages 
in international voyages;
    (2) Is operated under the authority of the United States and is 
certificated for ocean service;
    (3) Is operated under the authority of the United States and is 
certificated for coastwise service beyond three nautical miles from 
land;
    (4) Is operated under the authority of the United States and 
operates at any time seaward of the outermost boundary of the 
territorial sea of the United States as defined in Sec. 2.22 of this 
chapter; or
    (5) Is operated under the authority of a country other than the 
United States while in the navigable waters of the United States, or 
while at a port or terminal under the jurisdiction of the United States.
    (b) Sections 151.30 through 151.49 do not apply to--
    (1) A tank barge whose certificate is endorsed by the Coast Guard 
for a limited short protected coastwise route if the barge is 
constructed and certificated primarily for service on an inland route;
    (2) A warship, naval auxiliary, or other ship owned or operated by a 
country when engaged in noncommercial service;
    (3) A Canadian or U.S. ship being operated exclusively on the Great 
Lakes of North America or their connecting and tributary waters;
    (4) A Canadian or U.S. ship being operated exclusively on the 
internal 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 of this chapter.

[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 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 carrying 

Category A, B, C, and D NLS.

    (a) The requirements for oceangoing ships carrying NLSs listed in 
Sec. Sec. 151.47 and 151.49 are in Sec. Sec. 151.33 through 151.45.
    (b) The requirements for oceangoing ships carrying NLSs listed in 
Table 151.05 of 46 CFR part 151 and Table 1 of 46 CFR part 153, which 
are not listed in Sec. 151.47 or Sec. 151.49, are in 46 CFR parts 98, 
151, and 153.
    (c) Alternatives to the requirements in this part for oceangoing 
ships carrying NLSs are in 46 CFR part 153.
    (d) Procedures for obtaining permission to carry an NLS not listed 
in Sec. 151.47, Sec. 151.49, Table 151.05 of 46 CFR part 151, or Table 
1 of 46 CFR part 153 are in 46 CFR 153.900(c).

[[Page 236]]



Sec. 151.32  Special areas for the purpose of Annex II.

    (a) For the purposes of Sec. Sec. 151.30 through 151.49, the 
special areas are the Baltic Sea area, the Black Sea area, and the 
Antarctic area which are described in Sec. 151.06. Discharges into the 
sea of NLSs or mixtures containing such substances are prohibited in the 
Antarctic area.
    (b) In accordance with paragraph (13)(a) of Regulation 5 of Annex II 
of MARPOL 73/78, the discharge restrictions in Sec. 151.32 for the 
Baltic Sea area and the Black Sea area will enter into effect when each 
Party to MARPOL 73/78 whose coastline borders the special area has 
certified that reception facilities are available and the IMO has 
established an effective date for each special area. Notice of the 
effective date for discharge requirements in these areas will be 
published in the Federal Register and reflected 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 NLS 
listed in Sec. 151.49 in a cargo tank unless the ship has a Certificate 
of Inspection endorsed to allow the NLS to be carried in that cargo 
tank, and if the ship engages in a foreign voyage--
    (1) An Attachment for NLSs to the IOPP Certificate, issued under 
Sec. 151.37(a), that allows the NLS to be carried in that cargo tank; 
or
    (2) A Certificate of Fitness issued under 46 CFR part 153 that 
allows the NLS to be carried in that cargo tank.
    (b) A foreign oceangoing ship operating in the navigable waters of 
the U.S. may not carry a Category C oil-like NLS listed in Sec. 151.49 
in a cargo tank unless the ship has--
    (1) An Attachment for NLSs to the IOPP Certificate that allows the 
NLS to be carried in that cargo tank; or
    (2) A Certificate of Compliance issued under 46 CFR part 153 to 
allow the NLS to be carried in that cargo tank.
    (c) A U.S. oceangoing ship authorized to carry certain dangerous 
cargoes 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 the ship has a 
Certificate of Inspection endorsed to allow the NLS to be carried in 
that cargo tank, and if the ship engages in a foreign voyage, an NLS 
Certificate issued under Sec. 151.37(b) that allows 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 listed in 
Sec. 151.47 in a cargo tank unless the ship has a Certificate of 
Inspection endorsed to allow the NLS to be carried in that cargo tank, 
and if the ship engages if a foreign voyage--
    (1) An NLS Certificate issued under Sec. 151.37(b) to allow the NLS 
to be carried in that cargo tank; or
    (2) A Certificate of Fitness issued under 46 CFR part 153 to allow 
the NLS to be carried in that cargo tank.
    (b) A U.S. oceangoing ship may not carry a Category D oil-like NLS 
listed in Sec. 151.49 in a cargo tank unless the ship has a Certificate 
of Inspection endorsed to allow the NLS to be carried in that cargo 
tank, and if the ship engages if a foreign voyage--
    (1) An Attachment for NLSs to the IOPP Certificate, issued under 
Sec. 151.37(a), to allow the NLS to be carried in that cargo tank; or
    (2) An NLS Certificate issued under Sec. 151.37(b) to allow the NLS 
to be carried in that cargo tank, or
    (3) A Certificate of Fitness issued under 46 CFR part 153 to allow 
the 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 a cargo tank 
unless the ship has one of the following:
    (1) An NLS Certificate endorsed to allow the NLS to be carried in 
that cargo tank; or
    (2) A Certificate of Compliance issued under 46 CFR part 153 to 
allow 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 in Sec. 151.49 in a 
cargo tank unless the ship has one of the following:

[[Page 237]]

    (1) An Attachment for NLSs to the IOPP Certificate to allow the NLS 
to be carried in that cargo tank; or
    (2) An NLS Certificate endorsed to allow the NLS to be carried in 
the cargo tank; or
    (3) A Certificate of Compliance issued under 46 CFR part 153 to 
allow the NLS to be carried in the cargo tank.
    (e) A U.S. oceangoing ship authorized to carry certain dangerous 
cargoes in bulk under 46 CFR part 98 may not carry a Category D NLS 
listed in Sec. 151.47 or a Category D oil-like NLS listed in Sec. 
151.49 in a cargo tank unless the ship has a Certificate of Inspection 
endorsed to allow the NLS to be carried in that cargo tank, and if the 
ship engages in a foreign voyage, an NLS Certificate issued under Sec. 
151.37(b) that allows the NLS to be carried in that cargo tank.



Sec. 151.37  Obtaining an Attachment for NLSs to the IOPP Certificate and 

obtaining an NLS Certificate.

    (a) The Coast Guard or a classification society authorized under 46 
CFR part 8 issues an Attachment for NLSs to the IOPP Certificate to an 
oceangoing ship to allow the carriage of a Category C oil-like NLS or a 
Category D oil-like NLS if the following requirements are met:
    (1) Except for ships that are not configured and are not equipped to 
ballast or wash cargo tanks while proceeding en route, the ship must 
have a Coast Guard approved monitor under Sec. 157.12 that is approved 
for the cargoes that are desired to be carried.
    (2) Except as required by paragraph (a)(3), ships of 150 meters or 
less in length carrying a Category C oil-like NLS must meet the damage 
stability requirements applying to a Type III hull as provided by 
Regulation 14 (c) of Annex II.
    (3) A U.S. self propelled ship of 150 meters or less in length on a 
coastwise voyage carrying a Category C oil-like NLS must meet the damage 
stability requirements applying to a Type III hull as provided by 46 CFR 
part 172, subpart F except Sec. Sec. 172.130 and 172.133.
    (b) Except as allowed in paragraph (c) of this section, the Coast 
Guard or a classification society authorized under 46 CFR part 8 issues 
an NLS Certificate endorsed to allow the oceangoing ship engaged in a 
foreign voyage to carry a Category D NLS listed in Sec. 151.47 if the 
ship has--
    (1) An approved Procedures and Arrangements Manual and Cargo Record 
Book, both meeting the requirements in 46 CFR 153.490; and
    (2) A residue discharge system meeting 46 CFR 153.470, unless the 
approved Procedures and Arrangements Manual limits discharge of Category 
D NLS residue to the alternative provided by 46 CFR 153.1128(b).
    (c) The Coast Guard or a classification society authorized under 46 
CFR part 8 issues a NLS Certificate with the statement that the vessel 
is prohibited from discharging NLS residues to the sea if the vessel 
does not meet 46 CFR 153.470 and 153.490 but meets 46 CFR subpart 98.31.

[CGD 75-124a, 48 FR 45709, Oct. 6, 1983, as amended by CGD 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 carries a 
Category D NLS listed in Sec. 151.47 shall ensure that the ship is 
operated as prescribed for the operation of oceangoing ships carrying 
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 by USCG-2008-0179, 73 
FR 35014, June 19, 2008]



Sec. 151.41  Operating requirements for oceangoing ships with IOPP 

Certificates: Category C and D Oil-like NLSs.

    The master or person in charge of an oceangoing ship certificated 
under Sec. 151.37(a) shall ensure that--
    (a) The carriage and discharge of the oil-like NLS meets Sec. 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 to detect 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

[[Page 238]]

II(Cargo/Ballast Operations), required by Sec. 151.25.



Sec. 151.43  Control of discharge of NLS residues.

    (a) Unless the ship is a fixed or floating drilling rig or other 
platform operating under an National Pollution Discharge Elimination 
System (NPDES) permit, the master or person in charge of an oceangoing 
ship that cannot discharge NLS residue into the sea in accordance with 
46 CFR 153.1126 or 153.1128 shall ensure that the NLS residue is--
    (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 be 
transfered at a port or terminal in the United States, the master or 
person in charge of each oceangoing ship carrying NLS cargo or NLS 
residue shall notify the port or terminal at least 24 hours before 
entering 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 or 
solidifying NLS cargo listed in Table 1 of 46 CFR part 153 with a 
reference to ``Sec. 153.908(a)'' or ``Sec. 153.908(b)'' in the 
``Special Requirements'' column of that table, the time of day the ship 
is estimated to be ready to discharge NLS residue to a reception 
facility;
    (4) If the cargo is any Category B or C NLS cargo not under 
paragraph (b)(3) of this section, whether or not the ship meets the 
stripping requirements under 46 CFR 153.480, 153.481, or 153.482;
    (5) The name and the estimated volume of NLS in the NLS residue to 
be discharged;
    (6) The total volume of NLS residue to be discharged; and
    (7) The name and amount of any cleaning agents to be used during the 
prewash required by 46 CFR 153.1120.
    (c) The master or person in charge of a U.S. ship in a special area 
shall operate the ship in accordance with 46 CFR 153.903.
    Note: The master or person in charge of a ship carrying Category A 
NLS that is required to prewash tanks under the procedures in 46 CFR 
part 153.1120 is required under 46 CFR 153.1101 to notify the 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 be 

carried under this part.

    The following is a list of Category D NLSs other than Oil-like 
Category 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)alkylene glycol 
monoalkyl(C1-C6) ether
Diethylene glycol ethyl ether acetate, see Poly(2-8)alkylene glycol 
monoalkyl(C1-C6) ether acetate

[[Page 239]]

Diethylene glycol methyl ether acetate, see Poly(2-8)alkylene glycol 
monoalkyl(C1-C6) ether acetate
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 ether mixture
2-Ethylhexanoic acid, see Octanoic acid
Ethyl propionate
Ferric hydroxyethylethylene diamine triacetic acid, trisodium salt 
solution
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, trisodium salt 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 salt solution
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

[[Page 240]]

Olefin/Alkyl ester copolymer (molecular weight 2000+)
Oleic acid
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) ether acetate, Including:
    Diethylene glycol butyl ether acetate
    Diethylene glycol ethyl ether acetate
    Diethylene glycol methyl ether acetate
Polyalkylene glycols, Polyalkylene glycol monoalkyl ethers mixtures
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 monoalkyl ether
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)alkylene glycol 
monoalkyl(C1-C6) ether
Triethylene glycol ethyl ether, see Poly(2-8)alkylene glycol 
monoalkyl(C1-C6) ether
Triethylene glycol methyl ether, see Poly(2-8)alkylene glycol 
monoalkyl(C1-C6) ether
Triethyl phosphate
Trimethylol propane polyethoxylate
Tripropylene glycol methyl ether, see Poly(2-8)alkylene glycol 
monoalkyl(C1-C6) ether
Trisodium salt of N-(Hydroxyethyl)-ethylenediamine triacetic acid 
solution
Urea, Ammonium mono- and di-hydrogen phosphate, Potassium chloride 
solution
Urea, Ammonium nitrate solution (2% or less NH 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 by CGD 88-100a, 54 FR 
40000, Sept. 29, 1989; 55 FR 17269, Apr. 24, 1990; CGD 92-100a, 59 FR 
16986, Apr. 11, 1994; CGD 94-901, 59 FR 45147, Aug. 31, 1994; CGD 95-
901, 60 FR 34039, 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 the 
Coast 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

[[Page 241]]

Toluene
Xylenes

    (b) [Reserved]

[CGD 85-010, 52 FR 7759, Mar. 12, 1987, as amended by CGD 88-100a, 54 FR 
40001, Sept. 29, 1989; 55 FR 17269, Apr. 24, 1990; CGD 92-100a, 59 FR 
16987, Apr. 11, 1994; CGD 94-901, 59 FR 45148, Aug. 31, 1994; CGD 95-
901, 60 FR 34039, 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 A appear by CGD 
88-002, 54 FR 18405, Apr. 28, 1989, unless otherwise 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, or 
one operated under the authority of the United States, including 
recreational vessels defined in 46 U.S.C. 2101(25) and uninspected 
vessels 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 Exclusive Economic 
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 by 
the 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 baseline of the 
territorial sea seaward 200 miles as defined in the Presidential 
Proclamation 5030 of March 10, 1983 (3 CFR, 1983 Comp. p. 22).

[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 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 through 151.77, the 
special areas are the Mediterranean Sea area, the Baltic Sea area, the 
Black Sea area, the Red Sea area, the Gulfs area, the North Sea area, 
the Antarctic area, and the Wider Caribbean region, including the Gulf 
of Mexico and the Caribbean Sea which are described in Sec. 151.06.
    (b) In accordance with paragraph (4)(b) of Regulation 5 of Annex V 
of MARPOL 73/78, the discharge restrictions in Sec. 151.71 for special 
areas will enter into effect when each party to MARPOL 73/78 whose 
coastline borders the special area has certified that reception 
facilities are available and the IMO has established an effective date 
for each special area. Notice of the effective dates for the discharge 
requirements in each special area will be published in the Federal 
Register and reflected in this section.
    (c) The discharge restrictions are in effect in the Mediterranean 
Sea, Baltic Sea, the North Sea, the Gulfs and the Antarctic special 
areas.

[CGD 94-056, 60 FR 43378, Aug. 21, 1995, as amended by USCG-2009-0273, 
74 FR 66241, Dec. 15, 2009]



Sec. 151.55  Recordkeeping requirements.

    (a) This section applies to the following:
    (1) Every manned oceangoing ship (other than a fixed or floating 
platform) of 400 gross tons and above that is engaged in commerce and 
that is documented under the laws of the United States or numbered by a 
State.
    (2) Every manned fixed or floating platform subject to the 
jurisdiction of the United States.
    (3) Every manned ship that is certified to carry 15 passengers or 
more 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 written 
record is maintained on the ship of each of the following garbage 
discharge 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 contain the 
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.

[[Page 242]]

    (3) If the operation was conducted at a port, the name of the port.
    (4) If the operation was not conducted at a port, the latitude and 
longitude of the location where the operation was conducted and the 
estimated distance of that location from shore. If the operation 
involved off-loading to another ship, the identity of the receiving ship 
by name and official number.
    (5) The amount of garbage involved, described by volume in cubic 
meters.
    (6) For discharges into the sea, a description of the contents of 
the 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 be prepared 
at the time of the operation, certified as correct by the master or 
person in charge of the ship, maintained on the ship for two years 
following the operation, and made available for inspection by the Coast 
Guard.

[CGD 92-71, 59 FR 18703, Apr. 19, 1994, as amended by USCG-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 floating 
platform) of 40 feet or more in length that is documented under the laws 
of the United States or numbered by a state and that either is engaged 
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 agency of 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 not operated 
unless a waste management plan meeting paragraph (c) of this section is 
on the ship and that each person handling garbage follows the plan.
    (c) Each waste management plan under paragraph (b) of this section 
must be in writing and--
    (1) Provide for the discharge of garbage by means that meet Annex V 
of MARPOL 73/78, the Act, and Sec. Sec. 151.51 through 151.77;
    (2) Describe procedures for collecting, processing, storing, and 
discharging garbage; and
    (3) Designate the person who is in charge of carrying out the plan.

(Approved by the Office of Management and Budget under control number 
1625-0072)

[CGD 88-002A, 55 FR 18582, May 2, 1990, as amended by USCG-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 floating platform) 
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 agency of 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 more placards 
meeting the requirements of this section are displayed in prominent 
locations and in sufficient numbers so that they can be read by the crew 
and passengers. These locations must be readily accessible to the 
intended reader and may include embarkation points, food service 
facilities, garbage handling spaces, and common spaces on deck. If the 
Captain of the Port determines that the number or location of the 
placards is insufficient to adequately inform crew and passengers, the 
Captain of the Port may require additional placards and may specify 
their locations.

[[Page 243]]

    (c) Each placard must be at least nine inches wide by four inches 
high, made of a durable material, and lettered with letters at least \1/
8\ inch high.
    (d) Except as under paragraph (e) of this section, the placard must 
notify the reader of the following:
    (1) The discharge of plastic or garbage mixed with plastic into any 
waters is prohibited.
    (2) The discharge of all garbage is prohibited in the navigable 
waters of the United States and, in all other waters, within three 
nautical miles of the nearest land.
    (3) The discharge of dunnage, lining, and packing materials that 
float is prohibited within 25 nautical miles of the nearest land.
    (4) Other unground garbage may be discharged beyond 12 nautical 
miles from the nearest land.
    (5) Other garbage ground to less than one inch may be discharged 
beyond three nautical miles of the nearest land.
    (6) A person who violates the above requirements is liable for a 
civil penalty for each violation, and the criminal penalties of a class 
D felony. Placards installed on vessels before May 7, 1997, need not be 
replaced; and existing stocks of placards, containing previous language, 
may be used. When language on a placard is inconsistent with the 
language in the Code of Federal Regulations (CFR) due to use of a 
placard containing previous language penalty amounts contained in the 
CFR are controlling.
    (7) Regional, State, and local restrictions on garbage discharges 
also may apply.
    (e) For ships while operating on the Great Lakes or their connecting 
or tributary waters, the placard must--
    (1) Notify the reader of the information in paragraph (d) of this 
section; or
    (2) Notify the reader of the following:
    (i) The discharge of all garbage into the Great Lakes or their 
connecting or tributary waters is prohibited.
    (ii) A person who violates the above requirements is liable for a 
civil penalty for each violation, and the criminal penalties of a class 
D felony. Placards installed on vessels before May 7, 1997, need not be 
replaced; and existing stocks of placards, containing previous language, 
may be used. When language on a placard is inconsistent with the 
language in the Code of Federal Regulations (CFR) due to use of a 
placard containing previous language, penalty amounts contained in the 
CFR are controlling.

[CGD 88-002A, 56 FR 8880, Mar. 1, 1991, as amended by CGD 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 the 
Exclusive Economic Zone, a ship is subject to inspection by the Coast 
Guard or other authorized federal agency to determine if--
    (a) The ship has been operating in accordance with these regulations 
and has not discharged plastics or other garbage in violation of the 
provisions of the Act or Annex V of MARPOL 73/78;
    (b) Grinders or comminuters used for the discharge of garbage 
between 3 and 12 nautical miles from nearest land are capable of 
reducing the size of garbage so that it will pass through a screen with 
openings no greater than 25 millimeters (one inch);
    (c) Information for recordkeeping requirements, when required under 
Sec. 151.55, is properly and accurately logged;
    (d) A waste management plan, when required under Sec. 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 posted on board.

[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 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 ship shall 
ensure that all garbage is discharged ashore or in accordance with 
Sec. Sec. 151.66-151.73.
    (b) The following factors, among others, may be considered by 
enforcement personnel in evaluating compliance with Sec. Sec. 151.51 
through 151.77:
    (1) Records, including receipts, of garbage discharges at port 
reception facilities.

[[Page 244]]

    (2) Records under Sec. 151.55 or log entries of garbage discharges.
    (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 waste 
management plan.
    (5) The absence of plastics in ship stores.
    (6) Ongoing educational programs to train shipboard personnel of 
garbage 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 ship shall 
ensure that if garbage is transported from a ship by shipboard 
personnel, it is properly deposited into a port or terminal's reception 
facility.

[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 88-002A, 55 
FR 18583, May 2, 1990; CGD 92-71, 59 FR 18703, Apr. 19, 1994]



Sec. 151.65  Reporting requirements.

    The master or person who is in charge of each oceangoing ship shall 
notify the port or terminal, at least 24 hours before entering the port 
or terminal, of the name of the ship and the estimated volume of garbage 
requiring disposal, if any of the following types of garbage are to be 
discharged:
    (a) Garbage regulated by the Animal and Plant Health Inspection 
Service (APHIS) of the U.S. Department of Agriculture under 7 CFR 
330.400 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 Great Lakes 

and other navigable waters.

    (a) Except as otherwise provided in this section, no person on board 
any ship may discharge garbage into the navigable waters of the United 
States.
    (b) On the United States' waters of the Great Lakes, commercial 
ships, excluding non-self propelled barges that are not part of an 
integrated tug and barge unit, may discharge bulk dry cargo residues in 
accordance with this paragraph and paragraph (c) of this section. Owners 
and operators of ships to which these paragraphs apply are encouraged to 
minimize the volume of dry cargo residues discharged through the use of 
suitable residue control measures onboard and by loading and unloading 
cargo at facilities that use suitable shoreside residue control 
measures. As used in this paragraph and paragraph (c) of this section:
    Apostle Islands National Lakeshore means the site on or near Lake 
Superior administered by the National Park Service, less Madeline 
Island, and including the Wisconsin shoreline of Bayfield Peninsula from 
the point of land at 46[deg]57[min]19.7[sec] N, 90[deg]52[min]51.0[sec] 
W southwest along the shoreline to a point of land at 
46[deg]52[min]56.4[sec] N, 91[deg]3[min]3.1[sec] W.
    Bulk dry cargo residues means non-hazardous and non-toxic residues 
of dry cargo carried in bulk, including limestone and other clean stone, 
iron ore, coal, salt, and cement. It does not include residues of any 
substance known to be toxic or hazardous, such as, nickel, copper, zinc, 
lead, or materials classified as hazardous in provisions of law or 
treaty;
    Caribou Island and Southwest Bank Protection Area means the area 
enclosed by rhumb lines connecting the following coordinates, beginning 
on the northernmost point and proceeding clockwise:

47[deg]30.0[min] N.................  85[deg]50.0[min] W
47[deg]24.2[min] N.................  85[deg]38.5[min] W
47[deg]04.0[min] N.................  85[deg]49.0[min] W
47[deg]05.7[min] N.................  85[deg]59.0[min] W
47[deg]18.1[min] N.................  86[deg]05.0[min] W
 

    Detroit River International Wildlife Refuge means the U.S. waters of 
the Detroit River bound by the area extending from the Michigan shore at 
the southern outlet of the Rouge River to 41[deg]54[min] N, 
083[deg]06[min] W along the U.S.-Canada boundary southward and clockwise 
connecting points:

42[deg]02[min] N...................  083[deg]08[min] W
41[deg]54[min] N...................  083[deg]06[min] W
41[deg]50[min] N...................  083[deg]10[min] W
41[deg]44.52 N.....................  083[deg]22[min] W
41[deg]44.19 N.....................  083[deg]27[min] W
 

    Grand Portage National Monument means the site on or near Lake 
Superior, administered by the National

[[Page 245]]

Park Service, from a southwest corner of the monument point of land, 
47[deg]57.521[min] 89[deg]41.245[min], to the northeast corner of the 
monument point of land, 47[deg]57.888[min] 89[deg]40.725[min].
    Indiana Dunes National Lakeshore means the site on or near Lake 
Michigan, administered by the National Park Service, from a point of 
land near Gary, Indiana at 41[deg]42[min]59.4[sec] N 
086[deg]54[min]59.9[sec] W eastward along the shoreline to 
41[deg]37[min]08.8[sec] N 087[deg]17[min]18.8[sec] W near Michigan City, 
Indiana.
    Integrated tug and barge unit means any tug barge combination which, 
through the use of special design features or a specially designed 
connection system, has increased seakeeping capabilities relative to a 
tug and barge in the conventional pushing mode;
    Isle Royale National Park means the site on or near Lake Superior, 
administered by the National Park Service, where the boundary includes 
any submerged lands within the territorial jurisdiction of the United 
States within four and one-half miles of the shoreline of Isle Royale 
and the surrounding islands, including Passage Island and Gull Island.
    Mile means a statute mile, and refers to the distance from the 
nearest land or island;
    Milwaukee Mid-Lake Special Protection Area means the area enclosed 
by rhumb lines connecting the following coordinates, beginning on the 
northernmost point and proceeding clockwise:

43[deg]27.0[min] N.................  87[deg]14.0[min] W
43[deg]21.2[min] N.................  87[deg]02.3[min] W
43[deg]03.3[min] N.................  87[deg]04.8[min] W
42[deg]57.5[min] N.................  87[deg]21.0[min] W
43[deg]16.0[min] N.................  87[deg]39.8[min] W
 

    Northern Refuge means the area enclosed by rhumb lines connecting 
the coordinates, beginning on the northernmost point and proceeding 
clockwise:

45[deg]45[min] N...................  86[deg]00[min] W,
 


western shore of High Island, southern shore of Beaver Island:

45[deg]30[min] N...................  85[deg]30[min] W
45[deg]30[min] N...................  85[deg]15[min] W
45[deg]25[min] N...................  85[deg]15[min] W
45[deg]25[min] N...................  85[deg]20[min] W
45[deg]20[min] N...................  85[deg]20[min] W
45[deg]20[min] N...................  85[deg]40[min] W
45[deg]15[min] N...................  85[deg]40[min] W
45[deg]15[min] N...................  85[deg]50[min] W
45[deg]10[min] N...................  85[deg]50[min] W
45[deg]10[min] N...................  86[deg]00[min] W
 

    Pictured Rocks National Lakeshore means the site on or near Lake 
Superior, administered by the National Park Service, from a point of 
land at 46[deg]26[min]21.3[sec] N 086[deg]36[min]43.2[sec] W eastward 
along the Michigan shoreline to 46[deg]40[min]22.2[sec] N 
085[deg]59[min]58.1[sec] W.
    Six Fathom Scarp Mid-Lake Special Protection Area means the area 
enclosed by rhumb lines connecting the following coordinates, beginning 
on the northernmost point and proceeding clockwise:

44[deg]55[min] N...................  82[deg]33[min] W
44[deg]47[min] N...................  82[deg]18[min] W
44[deg]39[min] N...................  82[deg]13[min] W
44[deg]27[min] N...................  82[deg]13[min] W
44[deg]27[min] N...................  82[deg]20[min] W
44[deg]17[min] N...................  82[deg]25[min] W
44[deg]17[min] N...................  82[deg]30[min] W
44[deg]28[min] N...................  82[deg]40[min] W
44[deg]51[min] N...................  82[deg]44[min] W
44[deg]53[min] N...................  82[deg]44[min] W
44[deg]54[min] N...................  82[deg]40[min] W
 

    Sleeping Bear Dunes National Lakeshore means the site on or near 
Lake Michigan, administered by the National Park Service, that includes 
North Manitou Island, South Manitou Island and the Michigan shoreline 
from a point of land at 44[deg]42[min]45.1[sec] N 
086[deg]12[min]18.1[sec] W north and eastward along the shoreline to 
44[deg]57[min]12.0[sec] N 085[deg]48[min]12.8[sec] W.
    Stannard Rock Protection Area means the area within a 6 mile radius 
from Stannard Rock Light, at 47[deg]10[min]57[sec] N 
87[deg]13[min]34[sec] W;
    Superior Shoal Protection Area means the area within a 6 mile radius 
from the center of Superior Shoal, at 48[deg]03.2[min] N 
87[deg]06.3[min] W;
    Thunder Bay National Marine Sanctuary means the site on or near Lake 
Huron designated by the National Oceanic and Atmospheric Administration 
as the boundary that forms an approximately rectangular area by 
extending along the ordinary high water mark between the northern and 
southern boundaries of Alpena County, cutting across the mouths of 
rivers and streams, and lakeward from those points along latitude lines 
to longitude

[[Page 246]]

83 degrees west. The coordinates of the boundary are:

45[deg]12[min]25.5[sec] N..........  83[deg]23[min]18.6[sec] W
45[deg]12[min]25.5[sec] N..........  83[deg]00[min]00[sec] W
44[deg]51[min]30.5[sec] N..........  83[deg]00[min]00[sec] W
44[deg]51[min]30.5[sec] N..........  83[deg]19[min]17.3[sec] W
 

    Waukegan Special Protection Area means the area enclosed by rhumb 
lines connecting the following coordinates, beginning on the 
northernmost point and proceeding clockwise:

42[deg]24.3[min] N.................  87[deg]29.3[min] W
42[deg]13.0[min] N.................  87[deg]25.1[min] W
42[deg]12.2[min] N.................  87[deg]29.1[min] W
42[deg]18.1[min] N.................  87[deg]33.1[min] W
42[deg]24.1[min] N.................  87[deg]32.0[min] W; and
 

    Western Basin means that portion of Lake Erie west of a line due 
south from Point Pelee.

 Table 151.66(b)--Bulk Dry Cargo Residue Discharges Allowed on the Great
                                  Lakes
------------------------------------------------------------------------
                                                     Discharge allowed
           Location                   Cargo           except as noted
------------------------------------------------------------------------
Tributaries, their connecting   Limestone and      Prohibited where
 rivers, and St. Lawrence        other clean        there is an apparent
 River.                          stone.             impact on wetlands,
                                                    fish spawning areas,
                                                    and potable water
                                                    intakes.
                                All other cargos.  Prohibited.
Lake Ontario..................  Limestone and      Prohibited where
                                 other clean        there is an apparent
                                 stone.             impact on wetlands,
                                                    fish spawning areas,
                                                    and potable water
                                                    intakes.
                                Iron ore.........  Prohibited within 6
                                                    miles from shore.
                                All other cargos.  Prohibited within
                                                    13.8 miles from
                                                    shore.
Lake Erie.....................  Limestone and      Prohibited where
                                 other clean        there is an apparent
                                 stone.             impact on wetlands,
                                                    fish spawning areas,
                                                    and potable water
                                                    intakes; prohibited
                                                    in the Detroit River
                                                    International
                                                    Wildlife Refuge;
                                                    prohibited in
                                                    Western Basin,
                                                    except that a vessel
                                                    operating
                                                    exclusively within
                                                    Western Basin may
                                                    discharge limestone
                                                    or clean stone cargo
                                                    residues over the
                                                    dredged navigation
                                                    channels between
                                                    Toledo Harbor Light
                                                    and Detroit River
                                                    Light.
                                Iron ore.........  Prohibited within 6
                                                    miles from shore;
                                                    prohibited in the
                                                    Detroit River
                                                    International
                                                    Wildlife Refuge;
                                                    prohibited in
                                                    Western Basin,
                                                    except that a vessel
                                                    may discharge
                                                    residue over the
                                                    dredged navigation
                                                    channels between
                                                    Toledo Harbor Light
                                                    and Detroit River
                                                    Light if it unloads
                                                    in Toledo or Detroit
                                                    and immediately
                                                    thereafter loads new
                                                    cargo in Toledo,
                                                    Detroit, or Windsor.
                                Coal, salt.......  Prohibited within
                                                    13.8 miles from
                                                    shore; prohibited in
                                                    the Detroit River
                                                    International
                                                    Wildlife Refuge;
                                                    prohibited in
                                                    Western Basin,
                                                    except that a vessel
                                                    may discharge
                                                    residue over the
                                                    dredged navigation
                                                    channels between
                                                    Toledo Harbor Light
                                                    and Detroit River
                                                    Light if it unloads
                                                    in Toledo or Detroit
                                                    and immediately
                                                    thereafter loads new
                                                    cargo in Toledo,
                                                    Detroit, or Windsor.
                                All other cargos.  Prohibited within
                                                    13.8 miles from
                                                    shore; prohibited in
                                                    the Detroit River
                                                    International
                                                    Wildlife Refuge;
                                                    prohibited in
                                                    Western Basin.
Lake St. Clair................  Limestone and      Prohibited where
                                 other clean        there is an apparent
                                 stone.             impact on wetlands,
                                                    fish spawning areas,
                                                    and potable water
                                                    intakes.
                                All other cargos.  Prohibited.
Lake Huron except Six Fathom    Limestone and      Prohibited where
 Scarp Mid-Lake Special          other clean        there is an apparent
 Protection Area.                stone.             impact on wetlands,
                                                    fish spawning areas,
                                                    and potable water
                                                    intakes; prohibited
                                                    in the Thunder Bay
                                                    National Marine
                                                    Sanctuary.
                                Iron ore.........  Prohibited within 6
                                                    miles from shore and
                                                    in Saginaw Bay;
                                                    prohibited in the
                                                    Thunder Bay National
                                                    Marine Sanctuary;
                                                    prohibited for
                                                    vessels up bound
                                                    along the Michigan
                                                    thumb as follows:
                                                   (1) Between 5.8 miles
                                                    northeast of
                                                    entrance buoys 11
                                                    and 12 to the track
                                                    line turn abeam of
                                                    Harbor Beach,
                                                    prohibited within 3
                                                    miles from shore;
                                                    and
                                                   (2) For vessels bound
                                                    for Saginaw Bay
                                                    only, between the
                                                    track line turn
                                                    abeam of Harbor
                                                    Beach and 4 nautical
                                                    miles northeast of
                                                    Point Aux Barques
                                                    Light, prohibited
                                                    within 4 miles from
                                                    shore and not less
                                                    than 10 fathoms of
                                                    depth.
                                Coal, salt.......  Prohibited within
                                                    13.8 miles from
                                                    shore and in Saginaw
                                                    Bay; prohibited in
                                                    the Thunder Bay
                                                    National Marine
                                                    Sanctuary;
                                                    prohibited for
                                                    vessels up bound
                                                    from Alpena into
                                                    ports along the
                                                    Michigan shore south
                                                    of Forty Mile Point
                                                    within 4 miles from
                                                    shore and not less
                                                    than 10 fathoms of
                                                    depth.
                                All other cargos.  Prohibited within
                                                    13.8 miles from
                                                    shore and in Saginaw
                                                    Bay; prohibited in
                                                    the Thunder Bay
                                                    National Marine
                                                    Sanctuary.

[[Page 247]]

 
Lake Michigan.................  Limestone and      Prohibited where
                                 other clean        there is an apparent
                                 stone.             impact on wetlands,
                                                    fish spawning areas,
                                                    and potable water
                                                    intakes; prohibited
                                                    within the Milwaukee
                                                    Mid-Lake and
                                                    Waukegan Special
                                                    Protection Areas;
                                                    prohibited within
                                                    the Northern Refuge;
                                                    prohibited within 3
                                                    miles of the shore
                                                    of the Indiana Dunes
                                                    and Sleeping Bear
                                                    National Lakeshores;
                                                    prohibited within
                                                    Green Bay.
                                Iron ore.........  Prohibited in the
                                                    Northern Refuge;
                                                    north of 45[deg] N,
                                                    prohibited within 12
                                                    miles from shore and
                                                    in Green Bay; south
                                                    of 45[deg] N,
                                                    prohibited within 6
                                                    miles from shore,
                                                    and prohibited
                                                    within the Milwaukee
                                                    Mid-Lake and
                                                    Waukegan Special
                                                    Protection Areas, in
                                                    Green Bay, and
                                                    within 3 miles of
                                                    the shore of Indiana
                                                    Dunes and Sleeping
                                                    Bear National
                                                    Lakeshores; except
                                                    that discharges are
                                                    allowed at:
                                                   (1) 4.75 miles off
                                                    Big Sable Point
                                                    Betsie, along
                                                    established Lake
                                                    Carriers Association
                                                    (LCA) track lines;
                                                    and
                                                   (2) Along 056.25[deg]
                                                    LCA track line
                                                    between due east of
                                                    Poverty Island to a
                                                    point due south of
                                                    Port Inland Light.
                                Coal.............  Prohibited in the
                                                    Northern Refuge;
                                                    prohibited within
                                                    13.8 miles from
                                                    shore and prohibited
                                                    within the Milwaukee
                                                    Mid-Lake and
                                                    Waukegan Special
                                                    Protection Areas, in
                                                    Green Bay, and
                                                    within 3 miles of
                                                    the shore of Indiana
                                                    Dunes and Sleeping
                                                    Bear National
                                                    Lakeshores; except
                                                    that discharges are
                                                    allowed:
                                                   (1) Along 013.5[deg]
                                                    LCA track line
                                                    between 45[deg] N
                                                    and Boulder Reef,
                                                    and along 022.5[deg]
                                                    LCA track running
                                                    23.25 miles between
                                                    Boulder Reef and the
                                                    charted position of
                                                    Red Buoy 2;
                                                   (2) Along 037[deg]
                                                    LCA track line
                                                    between
                                                    45[deg]20[min] N and
                                                    45[deg]42[min] N;
                                                   (3) Along 056.25[deg]
                                                    LCA track line
                                                    between points due
                                                    east of Poverty
                                                    Island to a point
                                                    due south of Port
                                                    Inland Light; and
                                                   (4) At 3 miles from
                                                    shore for coal
                                                    carried between
                                                    Manistee and
                                                    Ludington along
                                                    customary routes.
                                Salt.............  Prohibited in the
                                                    Northern Refuge;
                                                    prohibited within
                                                    13.8 miles from
                                                    shore and prohibited
                                                    within the Milwaukee
                                                    Mid-Lake and
                                                    Waukegan Special
                                                    Protection Areas, in
                                                    Green Bay, and
                                                    within 3 miles of
                                                    the shore of Indiana
                                                    Dunes and Sleeping
                                                    Bear National
                                                    Lakeshores, and in
                                                    Green Bay.
                                All other cargos.  Prohibited in the
                                                    Northern Refuge;
                                                    prohibited within
                                                    13.8 miles from
                                                    shore and prohibited
                                                    within the Milwaukee
                                                    Mid-Lake and
                                                    Waukegan Special
                                                    Protection Areas, in
                                                    Green Bay, and
                                                    within 3 miles of
                                                    the shore of Indiana
                                                    Dunes and Sleeping
                                                    Bear National
                                                    Lakeshores.
Lake Superior.................  Limestone and      Prohibited where
                                 other clean        there is an apparent
                                 stone.             impact on wetlands,
                                                    fish spawning areas,
                                                    and potable water
                                                    intakes; and
                                                    prohibited within
                                                    Isle Royal National
                                                    Park and the Caribou
                                                    Island and Southwest
                                                    Bank, Stannard Rock,
                                                    and Superior Shoal
                                                    Protection Areas,
                                                    and within 3 miles
                                                    of the shore of the
                                                    Apostle Islands and
                                                    Pictured Rocks
                                                    National Lakeshores
                                                    or the Grand Portage
                                                    National Monument.
                                Iron ore.........  Prohibited within 6
                                                    miles from shore
                                                    (within 3 miles off
                                                    northwestern shore
                                                    between Duluth and
                                                    Grand Marais); and
                                                    prohibited within
                                                    Isle Royal National
                                                    Park and the Caribou
                                                    Island and Southwest
                                                    Bank, Stannard Rock,
                                                    and Superior Shoal
                                                    Protection Areas,
                                                    and within 3 miles
                                                    of the shore of the
                                                    Apostle Islands and
                                                    Pictured Rocks
                                                    National Lakeshores
                                                    or the Grand Portage
                                                    National Monument.
                                Coal, salt.......  Prohibited within
                                                    13.8 miles from
                                                    shore (within 3
                                                    miles off
                                                    northwestern shore
                                                    between Duluth and
                                                    Grand Marais); and
                                                    prohibited within
                                                    Isle Royal National
                                                    Park and the Caribou
                                                    Island and Southwest
                                                    Bank, Stannard Rock,
                                                    and Superior Shoal
                                                    Protection Areas,
                                                    and within 3 miles
                                                    of the shore of the
                                                    Apostle Islands and
                                                    Pictured Rocks
                                                    National Lakeshores
                                                    or the Grand Portage
                                                    National Monument.

[[Page 248]]

 
                                Cement...........  Prohibited within
                                                    13.8 miles from
                                                    shore (within 3
                                                    miles offshore west
                                                    of a line due north
                                                    from Bark Point);
                                                    and prohibited
                                                    within Isle Royal
                                                    National Park and
                                                    the Caribou Island
                                                    and Southwest Bank,
                                                    Stannard Rock, and
                                                    Superior Shoal
                                                    Protection Areas,
                                                    and within 3 miles
                                                    of the shore of the
                                                    Apostle Islands and
                                                    Pictured Rocks
                                                    National Lakeshores
                                                    or the Grand Portage
                                                    National Monument.
                                All other cargos.  Prohibited within
                                                    13.8 miles from
                                                    shore; and
                                                    prohibited within
                                                    Isle Royal National
                                                    Park and the Caribou
                                                    Island and Southwest
                                                    Bank, Stannard Rock,
                                                    and Superior Shoal
                                                    Protection Areas,
                                                    and within 3 miles
                                                    of the shore of the
                                                    Apostle Islands and
                                                    Pictured Rocks
                                                    National Lakeshores
                                                    or the Grand Portage
                                                    National Monument.
------------------------------------------------------------------------

    (c)(1) The master, owner, operator, or person in charge of any 
commercial ship loading, unloading, or discharging bulk dry cargo in the 
United States' waters of the Great Lakes and the master, owner, 
operator, or person in charge of a U.S. commercial ship transporting 
bulk dry cargo and operating anywhere on the Great Lakes, excluding non-
self propelled barges that are not part of an integrated tug and barge 
unit, must ensure that a written record is maintained on the ship that 
fully and accurately records information on:
    (i) Each loading or unloading operation on the United States' waters 
of the Great Lakes, or in the case of U.S. commercial ships on any 
waters of the Great Lakes, involving bulk dry cargo; and
    (ii) Each discharge of bulk dry cargo residue that takes place in 
United States' waters of the Great Lakes, or in the case of U.S. 
commercial ships on any waters of the Great Lakes.
    (2) For each loading or unloading operation, the record must 
describe:
    (i) The date of the operation;
    (ii) Whether the operation involved loading or unloading;
    (iii) The name of the loading or unloading facility;
    (iv) The type of bulk dry cargo loaded or unloaded;
    (v) The method or methods used to control the amount of bulk dry 
cargo residue, either onboard the ship or at the facility;
    (vi) The time spent to implement methods for controlling the amount 
of bulk dry cargo residue; and
    (vii) The estimated volume of bulk dry cargo residue created by the 
loading or unloading operation that is to be discharged.
    (3) For each discharge, the record must describe:
    (i) The date and time the discharge started, and the date and time 
the discharge ended;
    (ii) The ship's position, in latitude and longitude, when the 
discharge started and when the discharge ended; and
    (iii) The ship's speed during the discharge.
    (iv) Records must be kept on Coast Guard Form CG-33, which can be 
found at http://www.uscg.mil/hq/cg5/cg522/cg5224/dry--cargo.asp. The 
records must be certified by the master, owner, operator, or person in 
charge and kept in written form onboard the ship for at least two years. 
Copies of the records must be forwarded to the Coast Guard at least once 
each quarter, no later than the 15th day of January, April, July, and 
October. The record copies must be provided to the Coast Guard using 
only one of the following means:
    (A) E-mail to [email protected];
    (B) Fax to (202) 372-1926, ATTN: DCR RECORDKEEPING; or
    (C) Mail to U.S. Coast Guard: Commandant (CG-522), ATTN: DCR 
RECORDKEEPING, 2100 2nd St., SW., Stop 7126, Washington, DC 20593-7126.

[USCG-2004-19621, 73 FR 56498, Sept. 29, 2008, as amended at USCG-2010-
0351, 75 FR 36284, June 25, 2010]

[[Page 249]]



Sec. 151.67  Operating requirements: Discharge of plastic prohibited.

    No person on board any ship may discharge into the sea, or into the 
navigable waters of the United States, plastic or garbage mixed with 
plastic, including, but not limited to, synthetic ropes, synthetic 
fishing nets, and plastic garbage bags. All garbage containing plastics 
requiring disposal must be discharged ashore or incinerated.

[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 88-002A, 55 
FR 18583, May 2, 1990]



Sec. 151.69  Operating requirements: Discharge of garbage outside special 

areas.

    (a) When operating outside of a special area specified in Sec. 
151.53, no person may discharge, into the sea, garbage that is separated 
from plastic, if the distance from nearest land is less than--
    (1) 25 nautical miles for dunnage, lining and packing materials that 
float; or
    (2) 12 nautical miles for victual wastes and all other garbage 
including paper products, rags, glass, metal, bottles, crockery and 
similar refuse, except that, such garbage may be discharged outside of 
three nautical miles from nearest land after it has been passed through 
a grinder or comminuter specified in Sec. 151.75.
    (b) Mixtures of garbage having different discharge requirements 
under 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 requirement 
prescribed 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 in Sec. 
151.53 of this part, no person may discharge garbage from the ship, 
except as allowed in paragraph (b) or (c) in this section.
    (b) Except as provided in paragraph (c) of this section, disposal 
into the sea of victual waste must be made as far as practicable from 
land but, in any case, not less than 12 nautical miles from the nearest 
land.
    (c) Disposal into the Wider Caribbean region of victual wastes which 
have been passed through a comminuter or grinder shall be made as far as 
practicable from land but, in any case, not less than 3 nautical miles 
from the nearest land. Such comminuted or ground food wastes shall be 
capable of passing through a screen with opening no greater than 25 
millimeters.

[CGD 94-056, 60 FR 43378, Aug. 21, 1995]



Sec. 151.73  Operating requirements: Discharge of garbage from fixed or 

floating platforms.

    (a) Except as allowed in paragraph (b) of this section, no person 
may discharge garbage from--
    (1) A fixed or floating platform engaged in the exploration, 
exploitation or associated offshore processing of seabed mineral 
resources; or
    (2) Any ship within 500 meters (1650 feet) of such platforms.
    (b) Victual waste may be discharged into the sea from a ship or 
fixed or floating platform regulated by paragraph (a) of this section 
if--
    (1) It passes through a comminuter or grinder meeting Sec. 151.75; 
and
    (2) That ship or fixed or floating platform is beyond 12 nautical 
miles from nearest land.



Sec. 151.75  Grinders or comminuters.

    Each grinder or comminuter used to discharge garbage in accordance 
with Sec. 151.69(a)(2) or Sec. 151.73(b)(1), must be capable of 
processing garbage so that it passes through a screen with 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 securing 
the 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 its 
equipment, if all reasonable precautions have been taken before and 
after the occurrence of the damage, to prevent or minimize the escape.

[[Page 250]]

    (c) The accidental loss of synthetic fishing nets, provided all 
reasonable precautions have been taken to prevent such loss.

[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 88-002A, 55 
FR 18583, May 2, 1990; CGD 90-054, 56 FR 19578, Apr. 29, 1991]



Sec. Appendix A to Sec. Sec. 151.51 through 151.77--Summary of Garbage 

                         Discharge Restrictions

------------------------------------------------------------------------
                       All Vessels Except Fixed or
                    Floating Platforms and Associated       Fixed or
                                 Vessels                    Floating
   Garbage Type   -------------------------------------    Platforms &
                    Outside special   In special areas   Assoc. Vessels
                     areas (33 CFR       \2\ (33 CFR       \3\ (33 CFR
                        151.69)            151.71)           151.73)
------------------------------------------------------------------------
Plastics--include  Disposal           Disposal          Disposal
 s synthetic        prohibited         prohibited        prohibited
 ropes and         (33 CFR 151.67).   (33 CFR 151.67).  (33 CFR 151.67).
 fishing nets and
 plastic bags.
Dunnage, lining    Disposal           Disposal          Disposal
 and packing        prohibited less    prohibited        prohibited.
 materials that     than 25 miles     (33 CFR 151.71).
 float.             from nearest
                    land and in the
                    navigable waters
                    of the U.S.
Paper, rags,       Disposal           Disposal          Disposal
 glass, metal       prohibited less    prohibited        prohibited.
 bottles,           than 12 miles     (33 CFR 151.71).
 crockery and       from nearest
 similar refuse.    land and in the
                    navigable waters
                    of the U.S.
Paper, rags,       Disposal           Disposal          Disposal
 glass, etc.        prohibited less    prohibited        prohibited.
 comminuted or      than 3 miles      (33 CFR 151.71).
 ground. \1\        from nearest
                    land and in the
                    navigable waters
                    of the U.S.
Victual waste not  Disposal           Disposal          Disposal
 comminuted or      prohibited less    prohibited less   prohibited.
 ground.            than 12 miles      than 12 miles
                    from nearest       from nearest
                    land and in the    land.
                    navigable waters
                    of the U.S.
Victual waste      Disposal           Disposal          Disposal
 comminuted or      prohibited less    prohibited less   prohibited less
 ground. \1\        than 3 miles       than 12 miles     than 12 miles
                    from nearest       from nearest      from nearest
                    land and in the    land.             land and in the
                    navigable waters                     navigable
                    of the U.S.                          waters of the
                                                         U.S.
Mixed garbage         See Note 4.        See Note 4.       See Note 4.
 types. \4\
------------------------------------------------------------------------
Note 1: Comminuted or ground garbage must be able to pass through a
  screen 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 includes all
  fixed or floating platforms engaged in exploration, exploitation or
  associated offshore processing of seabed mineral resources, and all
  ships within 500m of such platforms.
Note 4: When garbage is mixed with other harmful substances having
  different disposal or discharge requirements, the more stringent
  disposal restrictions shall apply.


[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 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 not 
discharge untreated sewage into the sea within 12 nautical miles of 
Antarctic land or ice shelves; beyond such distance, sewage stored in a 
holding tank must not be discharged instantaneously but at a moderate 
rate and, where practicable, while the ship is en route at a speed 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 defined above.
    (b) Paragraph (a) of this section does not apply to a warship, naval 
auxiliary, or other ship owned or operated by the United States and used 
only in government non-commercial service.
    (c) Paragraph (a) of this section does not apply in cases of an 
emergency relating to the safety of a ship and those

[[Page 251]]

on board or saving life at sea. Notice of an activity, otherwise 
prohibited under paragraph (a) of this section, undertaken in case of an 
emergency shall 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 by USCG-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 provisions of 
the Shore Protection Act of 1988, (33 U.S.C. 2601 et seq.).

[CGD 89-014, 54 FR 22548, May 24, 1989, as amended by USCG-2001-9286, 66 
FR 33641, June 25, 2001]



Sec. 151.1003  Applicability.

    (a) Except as provided by paragraph (b) of this section, this 
subpart applies to each vessel whose purpose is the transportation of 
municipal 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;
    (3) The marine and estuarine waters of the United States up to the 
head of tidal influence; and
    (4) The Exclusive Economic Zone as established by Presidential 
Proclamation Number 5030, dated March 10, 1983.
    Note: The Exclusive Economic Zone extends from the baseline of the 
territorial sea of the United States seaward 200 miles.
    Municipal and commercial waste means solid waste as defined in 
section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903) except--
    (1) Solid waste identified and listed under section 3001 of the 
Solid 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 the Marine 
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 of 
the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 
1401 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 
et seq.), or the Rivers and Harbors Appropriation Act 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 United States 
Government or a government of a foreign country; and
    (2) Is not engaged in commercial service.
    Vessel means every description of watercraft or other artifical 
contrivance used, or capable of being used, as a means of transportation 
on water.

[CGD 89-014, 54 FR 22548, May 24, 1989, as amended by USCG-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 in coastal 
waters without--
    (a) A conditional permit to transport municpal or commercial waste 
issued under this subpart; and
    (b) Displaying a number in accordance with Sec. 151.1024.

[CGD 89-014, 54 FR 22548, May 24, 1989; CGD 89-014, 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 subpart 
applies shall apply by letter for a conditional permit required by Sec. 
151.1009. Applications must be submitted to Commandant (CG-5431), U.S. 
Coast Guard Headquarters, 2100 2nd St., SW., Stop 7581, Washington, DC 
20593-7581, Attn: Shore Protection Act Desk and include the following:

[[Page 252]]

    (1) The name, address, and telephone number of the vessel owner and 
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 vessel during 
the previous year, including identifying the type of municipal or 
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 the 
effective period of the conditional permit, including identifying the 
type of municipal or commercial waste as it is identified in paragraphs 
(a)(5)(i) through (iv) of this section.
    (7) A statement of whether the application for a conditional permit 
is for a single voyage, a short term operation or a continuing 
operation. If the application is for a single voyage or a short term 
operation, the statement must include the duration of the voyage or 
operation.
    (8) An acknowledgment that certifies as to the truthfulness and 
accuracy of the information provided.
    (b) The owner or operator under paragraph (a) of this section shall 
provide any additional information the Coast Guard may require.

[CGD 89-014, 54 FR 22548, May 24, 1989, as amended by CGD 96-026, 61 FR 
33665, June 28, 1996; USCG-2008-0179, 73 FR 35014, June 19, 2008; USCG-
2010-0351, 75 FR 36284, June 25, 2010]



Sec. 151.1015  Issuing or denying the issuance of a conditional permit.

    (a) After reviewing the application made under Sec. 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 in 
accordance with paragraph (c) of this section. On denying the issuance 
of 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 the denial.
    (b) Each conditional permit issued under this section is effective--
    (1) On the date it is issued; and
    (2) Until the expiration date stated on the conditional permit 
unless 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 permit 
if--
    (i) The application does not contain the information required under 
Sec. 151.1012; or
    (ii) There is reason to believe that the information contained on 
the application is not true and correct.



Sec. 151.1018  Withdrawal of a conditional permit.

    (a) The Coast Guard may withdraw a conditional permit if the 
Administrator of the EPA requests withdrawal because the Administrator 
has determined that the owner or operator of the vessel has a record or 
a pattern of serious violations of--
    (1) Subtitle A of the Shore Protection Act of 1988 (33 U.S.C. 2601 
et 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 et 
seq.).
    (b) Upon reaching a determination to withdraw a conditional permit, 
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 this section, 
the owner or operator shall ensure that--
    (1) The vessel immediately ceases transporting municipal or 
commercial waste and the marking required by Sec. 151.1024 is removed; 
and

[[Page 253]]

    (2) The conditional permit is returned to the Coast Guard within 5 
days after receiving the notice.



Sec. 151.1021  Appeals.

    (a) Any person directly affected by an action taken under this 
subpart may request reconsideration by the Coast Guard officer 
responsible for that action.
    (b) The person affected who is not satisfied with a ruling after 
having it reconsidered under paragraph (a) of this section may--
    (1) Appeal that ruling in writing within 30 days after the ruling to 
the Assistant Commandant for Marine Safety, Security, and Stewardship 
(CG-5), U.S. Coast Guard Headquarters, 2100 2nd St., SW., Stop 7355, 
Washington, DC 20593-7355; and
    (2) Supply supporting documentation and evidence that the appellant 
wishes to have considered.
    (c) After reviewing the appeal submitted under paragraph (b) of this 
section, the Assistant Commandant for Marine Safety, Security and 
Environmental Protection issues a ruling which is final agency action.
    (d) If the delay in presenting a written appeal has an adverse 
impact 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 oral 
presentation--
    (i) With the basis for the appeal and a summary of the material 
presented orally; and
    (ii) To the same Coast Guard official who heard the oral 
presentation.

[CGD 89-014, 54 FR 22548, May 24, 1989, as amended by CGD 96-026, 61 FR 
33665, June 28, 1996; CGD 97-023, 62 FR 33363, June 19, 1997; USCG-2002-
12471, 67 FR 41332, June 18, 2002; USCG-2008-0179, 73 FR 35014, June 19, 
2008; USCG-2010-0351, 75 FR 36284, June 25, 2010]



Sec. 151.1024  Display of number.

    (a) The owner or operator of each vessel under this subpart must 
ensure that the vessel number stated on the conditional permit issued 
under 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 under 
this section.



Subpart C_Ballast Water Management for Control of Nonindigenous Species 

                   in the Great Lakes and Hudson River

    Authority: 16 U.S.C. 4711; Department of Homeland Security 
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 the 
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 
U.S.C. 4701 et seq.).



Sec. 151.1502  Applicability.

    This subpart applies to each vessel that carries ballast water and 
that after operating on the waters beyond the Exclusive Economic Zone 
during any part of its voyage enters the Snell Lock at Massena, New 
York, or navigates north of the George Washington Bridge on the Hudson 
River, regardless of other port calls in the United States or Canada 
during 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 on board a 
vessel to control or maintain, trim, draught, stability, or stresses of 
the vessel, regardless of how it is carried.
    Ballast tank means any tank or hold on a vessel used for carrying 
ballast water, whether or not the tank or hold was designed for that 
purpose.
    Captain of the Port (COTP) means the Coast Guard officer designated 
as COTP of either the Buffalo, NY, Marine Inspection Zone and Captain of 
the Port Zone or the New York, NY, Captain of the Port Zone described in 
part

[[Page 254]]

3 of this chapter or an official designated by the COTP.
    Commandant means the Commandant of the Coast Guard or an authorized 
representative.
    Exclusive Economic Zone (EEZ) means the area established by 
Presidential Proclamation Number 5030, dated March 10, 1983, (48 FR 
10605, 3 CFR, 1983 Comp., p. 22), which extends from the base line of 
the territorial sea of the United States seaward 200 miles, and the 
equivalent zone of Canada.
    Environmentally sound method means methods, efforts, actions, or 
programs, either to prevent introductions or to control infestations of 
aquatic nuisance species, that minimize adverse impacts to the structure 
and function of an ecosystem, minimize adverse effects on non-target 
organisms and ecosystems, and that emphasize integrated pest management 
techniques and non-chemical measures.
    Great Lakes means Lake Ontario, Lake Erie, Lake Huron (including 
Lake Saint Clair), Lake Michigan, Lake Superior, and the connecting 
channels (Saint Mary's River, Saint Clair River, Detroit River, Niagara 
River, and Saint Lawrence River to the Canadian border), and includes 
all other bodies of water within the drainage basin of such lakes and 
connecting channels.
    Port means a terminal or group of terminals or any place or facility 
that has been designated as a port by the COTP.
    Sediments means any matter settled out of ballast water within a 
vessel.
    Voyage means any transit by a vessel destined for the Great Lakes or 
the Hudson River, north of the George Washington Bridge, from a port or 
place outside of the EEZ, including intermediate stops at a port or 
place within the EEZ.

[CGD 91-066, 58 FR 18334, Apr. 8, 1993, as amended by CGD 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 be 
operated in the Great Lakes or the Hudson River, north of the George 
Washington Bridge, unless the master of the vessel has certified, in 
accordance with Sec. 151.1516, that the requirements of this subpart 
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 or 
revoke the clearance required by 46 U.S.C. app. 91 for a vessel subject 
to this subpart, the owner or operator of which is not in compliance 
with the requirements of this subpart.



Sec. 151.1510  Ballast water management.

    (a) The master of each vessel subject to this subpart shall employ 
one of the following ballast water management practices:
    (1) Carry out an exchange of ballast water on the waters beyond the 
EEZ, from an area more than 200 nautical miles from any shore, and in 
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 to navigating 
on the Hudson River, north of the George Washington Bridge, such that, 
at the conclusion of the exchange, any tank from which ballast water 
will be discharged contains water with a minimum salinity level of 30 
parts per thousand.
    (2) Retain the vessel's ballast water on board the vessel. If this 
method of ballast water management is employed, the COTP may seal any 
tank or hold containing ballast water on board the vessel for the 
duration of the voyage within the waters of the Great Lakes or the 
Hudson River, north of the George Washington Bridge.
    (3) Use an alternative environmentally sound method of ballast water 
management that has been submitted to, and approved by, the Commandant 
prior to the vessel's voyage. Requests for approval of alternative 
ballast water management methods must be submitted to the Commandant 
(CG-5), 2100 2nd Street, SW., Stop 7355, Washington, DC 20593-7355.
    (b) No master of a vessel subject to this subpart shall separately 
discharge sediment from tanks or holds containing ballast water unless 
it is disposed of ashore in accordance with local requirements.
    (c) Nothing in this subpart authorizes the discharge of oil or 
noxious liquid

[[Page 255]]

substances (NLSs) in a manner prohibited by United States or 
international laws or regulations. Ballast water carried in any tank 
containing a residue of oil, NLSs, or any other pollutant must be 
discharged in accordance with the applicable regulations. Nothing in 
this subpart affects or supersedes any requirement or prohibitions 
pertaining to the discharge of ballast water into the waters of the 
United States under the Federal Water Pollution Control Act (33 U.S.C. 
1251 et seq.).

[CGD 91-066, 58 FR 18334, Apr. 8, 1993, as amended by CGD 94-003, 59 FR 
67634, Dec. 30, 1994; USCG-1998-3423, 66 FR 58390, Nov. 21, 2001; USCG-
2010-0351, 75 FR 36284, June 25, 2010]



Sec. 151.1512  Vessel safety.

    Nothing in this subpart relieves the master of the responsibility 
for ensuring the safety and stability of the vessel or the safety of the 
crew and passengers, or any other responsibility.



Sec. 151.1514  Ballast water management alternatives under extraordinary 

conditions.

    The master of any vessel subject to this subpart who, due to 
weather, equipment failure, or other extraordinary conditions, is unable 
to effect a ballast water exchange before entering the EEZ, must employ 
another method of ballast water management listed in Sec. 151.1510, or 
request from the COTP permission to exchange the vessel's ballast water 
within an area agreed to by the COTP at the time of the request and must 
discharge the vessel's ballast water within that designated area.



Sec. 151.1516  Compliance monitoring.

    (a) The master of each vessel equipped with ballast tanks shall 
provide, as detailed in Sec. 151.2040, the following information, in 
written form, to the COTP:
    (1) The vessel's name, port of registry, and official number or call 
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 water 
taken 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 the 
territorial waters of the United States.
    (7) The intended discharge port for ballast water and location for 
disposal of sediment carried upon entry into the territorial waters of 
the United States, if ballast water or sediment are to be discharged.
    (8) The signature of the master attesting to the accuracy of the 
information provided and certifying compliance with the requirements of 
this subpart.
    (b) The COTP may take samples of ballast water to assess the 
compliance with, and the effectiveness of, this subpart.

[CGD 91-066, 58 FR 18334, Apr. 8, 1993, as amended by USCG-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 civil penalty 
in an amount not to exceed $27,500. Each day of a continuing violation 
constitutes a separate violation. A vessel operated in violation of the 
regulations is liable in rem for any civil penalty assessed under this 
subpart for that violation.
    (b) A person who knowingly violates the regulations of this subpart 
is guilty of a class C felony.

[USCG-2002-13147, 69 FR 32869, June 14, 2004]



Subpart D_Ballast Water Management for Control of Nonindigenous Species 

                     in Waters of the United States

    Authority: 16 U.S.C. 4711; Department of Homeland Security 
Delegation No. 0170.1.

    Source: USCG-1998-3423, 64 FR 26682, May 17, 1999, unless otherwise 
noted.



Sec. 151.2000  What is the purpose of this subpart?

    This subpart implements the provisions of the Nonindigenous Aquatic 
Nuisance Prevention and Control Act of 1990 (NANPCA) (16 U.S.C. 4701-
4751), as amended by the National Invasive Species Act of 1996 (NISA).

[[Page 256]]



Sec. 151.2005  To which vessels does this subpart apply?

    Unless exempted in Sec. 151.2010 or Sec. 151.2015, this subpart 
applies to all vessels, U.S. and foreign, equipped with ballast tanks, 
that operate in the waters of the United States and are bound for ports 
or places in the United States.

[USCG-2002-13147, 69 FR 32869, June 14, 2004]



Sec. 151.2007  What are the penalties for violations of the mandatory 

provisions of this subpart?

    (a) A person who violates this subpart is liable for a civil penalty 
not to exceed $ 27,500. Each day of a continuing violation constitutes a 
separate violation. A vessel operated in violation of the regulations is 
liable in rem for any civil penalty assessed under this subpart for that 
violation.
    (b) A person who knowingly violates the regulations of this subpart 
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 in 
Sec. 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 the 
requirements of section 1103 of the Act, or any vessel of the Armed 
Forces, as defined in the Federal Water Pollution Control Act (33 U.S.C. 
1322(a)) that is subject to the ``Uniform National Discharge Standards 
for Vessels of the Armed Forces'' (33 U.S.C. 1322(n)).
    (b) One type of vessel is exempt from the requirements in Sec. Sec. 
151.2040 and 151.2045:
    (1) A vessel that operates exclusively within one Captain of the 
Port (COTP) Zone.
    (2) [Reserved]

[USCG-2007-28201, 72 FR 27739, May 17, 2007]



Sec. 151.2015  Is a vessel in innocent passage exempt from the mandatory 

requirements?

    A foreign vessel merely traversing the territorial sea of the U.S. 
(i.e., not entering or departing a U.S. port, or not navigating the 
internal waters of the U.S.) is exempt from the requirements of this 
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 33 
CFR 151.1504, 33 CFR 160.203, and the United Nations Convention on the 
Law of the Sea apply to this part.
    (b) As used in this part--
    ANSTF means the Aquatic Nuisance Species Task Force mandated under 
the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 
(NANPCA).
    Ballast tank means any tank or hold on a vessel used for carrying 
ballast water, whether or not the tank or hold was designed for that 
purpose.
    Captain of the Port (COTP) means the Coast Guard officer designated 
as the COTP, or a person designated by that officer, for the COTP zone 
covering the U.S. port of destination. These COTP zones are listed in 33 
CFR part 3.
    Exchange means to replace the water in a ballast tank using one of 
the following methods:
    (1) Flow through exchange means to flush out ballast water by 
pumping in mid-ocean water at the bottom of the tank and continuously 
overflowing the tank from the top until three full volumes of water has 
been changed--to minimize the number of original organisms remaining in 
the tank.
    (2) Empty/refill exchange means to pump out the ballast water taken 
on in ports, estuarine, or territorial waters until the tank is empty, 
then refilling it with mid-ocean water; masters/operators should pump 
out as close to 100 percent of the ballast water as is safe to do so.
    Exclusive Economic Zone (EEZ) means the area established by 
Presidential Proclamation Number 5030, dated March 10, 1983 (48 FR 
10605, 3 CFR, 1983 Comp., p. 22) which extends from the base line of the 
territorial sea of the United States seaward 200 miles, and the 
equivalent zone of Canada.
    IMO guidelines mean the Guidelines for the Control and Management of 
Ships' Ballast Water to Minimize the

[[Page 257]]

Transfer of Harmful Aquatic Organisms and Pathogens (IMO Resolution 
A.868 (20), adopted November 1997).
    NANPCA means the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990.
    NBIC means the National Ballast Water Information Clearinghouse 
operated by the Coast Guard and the Smithsonian Environmental Research 
Center as mandated under NISA.
    NISA means the National Invasive Species Act of 1996, which 
reauthorized and amended NANPCA.
    Port or place of departure means any port or place in which a vessel 
is anchored or moored.
    Port or place of destination means any port or place to which 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 Virgin Islands, 
and the Trust Territory of the Pacific Islands.
    Voyage means any transit by a vessel destined for any United States 
port or place.
    Waters of the United States means waters subject to the jurisdiction 
of the United States as defined in 33 CFR Sec. 2.38, including the 
navigable waters of the United States. For this regulation, the 
navigable waters include the territorial sea as extended to 12 nautical 
miles from the baseline, pursuant to Presidential Proclamation No. 5928 
of December 27, 1988.

[USCG-1998-3423, 64 FR 26682, May 17, 1999, as amended 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 safety 

exemption?

    (a) The master, operator, or person-in-charge of a vessel is 
responsible for the safety of the vessel, its crew, and its passengers.
    (b) The master, operator, or person-in-charge of a vessel is not 
required to conduct a ballast water management practice (including 
exchange), if the master decides that the practice would threaten the 
safety of the vessel, its crew, or its passengers because of adverse 
weather, vessel design limitations, equipment failure, or any other 
extraordinary conditions. If the master uses this section, and the--
    (1) Vessel is on a voyage to the Great Lakes or Hudson River, the 
vessel must comply with the requirements of Sec. 151.1514 of subpart C 
of this part (Ballast water management alternatives under extraordinary 
conditions); or
    (2) Vessel is on a voyage to any port other than the Great Lakes or 
Hudson River, the vessel shall not be required to perform a ballast 
water management practice which the master has found to threaten the 
safety of the vessel, its crew, or its passengers because of adverse 
weather, vessel design limitations, equipment failure, or any other 
extraordinary conditions.
    (c) Nothing in this subpart relieves the master, operator, or 
person-in-charge of a vessel, of the responsibility for ensuring the 
safety and stability of the vessel or the safety of the crew and 
passengers, or any other responsibility.



Sec. 151.2035  What are the required ballast water management practices for my 

vessel?

    (a) Masters, owners, operators, or persons-in-charge of all vessels 
equipped with ballast water tanks that operate in the waters of the U.S. 
must:
    (1) Avoid the discharge or uptake of ballast water in areas within 
or that may directly affect marine sanctuaries, marine preserves, marine 
parks, or coral reefs.
    (2) Minimize or avoid uptake of ballast water in the following areas 
and situations:
    (i) Areas known to have infestations or populations of harmful 
organisms 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 when a 
tidal stream is known to be more turbid.
    (v) In darkness when bottom-dwelling organisms may rise up in the 
water column.
    (vi) Where propellers may stir up the sediment.
    (vii) Areas with pods of whales, convergence zones, and boundaries 
of major currents.

[[Page 258]]

    (3) Clean the ballast tanks regularly to remove sediments. Clean the 
tanks in mid-ocean or under controlled arrangements in port, or at dry 
dock. Dispose of your sediments in accordance with local, State, and 
Federal regulations.
    (4) Discharge only the minimal amount of ballast water essential for 
vessel operations while in the waters of the United States.
    (5) Rinse anchors and anchor chains when you retrieve the anchor to 
remove organisms and sediments at their place of origin.
    (6) Remove fouling organisms from hull, piping, and tanks on a 
regular basis and dispose of any removed substances in accordance with 
local, State and Federal regulations.
    (7) Maintain a ballast water management plan that has been developed 
specifically for the vessel that will allow those responsible for the 
plan's implementation to understand and follow the vessel's ballast 
water management strategy.
    (8) Train the master, operator, person-in-charge, and crew, on the 
application of ballast water and sediment management and treatment 
procedures.
    (b) In addition to the provisions of paragraph (a) of this section, 
if the vessel carries ballast water that was taken on in areas less than 
200 nautical miles from any shore into the waters of the U.S. after 
operating beyond the Exclusive Economic Zone, you (the master, operator, 
or person-in-charge of a vessel) must employ at least one of the 
following ballast water management practices:
    (1) Perform complete ballast water exchange in an area no less than 
200 nautical miles from any shore prior to discharging ballast water in 
U.S. waters;
    (2) Retain ballast water onboard the vessel; or
    (3) Prior to the vessel entering U.S. waters, use an alternative 
environmentally sound method of ballast water management that has been 
approved by the Coast Guard.

[USCG-1998-3423, 64 FR 26682, May 17, 1999, as amended at 66 FR 58391, 
Nov. 21, 2001; USCG-2003-14273, 69 FR 44961, July 28, 2004; USCG-2002-
14273, 69 FR 60309, Oct. 8, 2004]



Sec. 151.2036  If my voyage does not take me into waters 200 nautical miles or 

greater from any shore, must I divert to conduct a ballast water exchange?

    A vessel will not be required to deviate from its voyage, or delay 
the 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 practices 

because of its voyage and/or safety concerns, will I be prohibited from 

discharging ballast water?

    (a) A vessel that cannot practicably meet the requirements of Sec. 
151.2035(b)(1) because its voyage does not take it into waters 200 
nautical miles or greater from any shore for a sufficient length of time 
and elects to retain ballast water on board, or because of the safety 
concerns contained in Sec. 151.2030, will not be prohibited from the 
discharge of ballast water in areas other than the Great Lakes and the 
Hudson River. However, the vessel must discharge only that amount of 
ballast water operationally necessary to ensure the safety of the 
vessels for cargo operations and make ballast water records available to 
the local Captain of the Port upon request.
    (b) A vessel that cannot practicably meet the requirements of Sec. 
151.2035(b)(3) because its alternative environmentally sound ballast 
water management method is inoperable must employ one of the other 
ballast water management practices stated in Sec. 151.2035(b). If the 
vessel cannot employ other ballast water management practices due to 
voyage or safety concerns, the vessel will not be prohibited from the 
discharge of ballast water in areas other than the Great Lakes and the 
Hudson River. However, the vessel must discharge only that amount of 
ballast water operationally necessary to ensure the safety of the 
vessels for cargo operations and make ballast water records available to 
the local Captain of the Port upon request.

[USCG-2003-14273, 69 FR 44961, July 28, 2004]

[[Page 259]]



Sec. 151.2040  What are the mandatory ballast water management requirements 

for vessels equipped with ballast tanks that operate in the waters of the 

United States and are bound for ports or places in the United States?

    (a) A vessel bound for the Great Lakes or Hudson River, which has 
operated beyond the EEZ (which includes the equivalent zone of Canada) 
during any part of its voyage regardless of intermediate ports of call 
within the waters of the United States or Canada, must comply with 
Sec. Sec. 151.2041 and 151.2045 of this subpart, as well as with the 
provisions of subpart C of this part.
    (b) A vessel engaged in the foreign export of Alaskan North Slope 
Crude Oil must comply with Sec. Sec. 151.2041 and 151.2045 of 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 of deep 
water ballast exchange unless doing so would endanger the safety of the 
vessel or crew.
    (c) A vessel not covered by paragraphs (a) or (b) of this section 
and is bound for ports or places in the United States must comply with 
Sec. Sec. 151.2041 and 151.2045 of this subpart.
    (d) This subpart does not authorize the discharge of oil or noxious 
liquid substances (NLS) in a manner prohibited by United States or 
international laws or regulations. Ballast water carried in any tank 
containing a residue of oil, NLS, or any other pollutant must be 
discharged in accordance with applicable regulations.
    (e) This subpart does not affect or supercede any requirement or 
prohibition pertaining to the discharge of ballast water into the waters 
of the United States under the Federal Water Pollution Control Act (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 for 

all vessels equipped with ballast tanks bound for ports or places of the 

United States?

    (a) Ballast water reporting requirements exist for each vessel bound 
for ports or places of the United States regardless of whether a vessel 
operated outside of the EEZ (which includes the equivalent zone of 
Canada), unless exempted in Sec. Sec. 151.2010 or 151.2015.
    (b) The master, owner, operator, agent, or person-in-charge of a 
vessel to whom this section applies must provide the information 
required by Sec. 151.2045 in electronic or written form (OMB form 
Control No. 1625-0069) to the Commandant, U.S. Coast Guard or 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 before 
the vessel arrives in Montreal, Quebec to either the USCG COTP Buffalo, 
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 may complete 
the ballast water information section of the St. Lawrence Seaway 
required ``Pre-entry Information from Foreign Flagged Vessels Form'' and 
submit it in accordance with the applicable Seaway Notice in lieu of 
this requirement.
    (2) For any vessel bound for the Hudson River north of the George 
Washington Bridge entering from outside the EEZ (which includes the 
equivalent zone of Canada). You must fax the information to the COTP New 
York (718-354-4249) at least 24 hours before the vessel 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 bound for 
ports or places in the United States. If your voyage is less than 24 
hours, you must report before departing your port or place of departure. 
If your voyage exceeds 24 hours, you must report at least 24 hours 
before arrival at your port or place of destination. All required 
information is to be sent to the National Ballast Information 
Clearinghouse (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

[[Page 260]]

    (iv) Mail to U.S. Coast Guard, c/o SERC (Smithsonian Environmental 
Research Center), P.O. Box 28, Edgewater, MD 21037-0028.
    (c) If the information submitted in accordance with this section 
changes, you must submit an amended form before the vessel departs the 
waters of the United States.

[USCG-2002-13147, 69 FR 32870, June 14, 2004; 69 FR 40767, July 7, 2004]



Sec. 151.2043  Equivalent Reporting Methods for vessels other than those 

entering the Great Lakes or Hudson River after operating outside the EEZ or 

Canadian equivalent.

    (a) For ships required to report under Sec. 151.2041 the Chief, 
Environmental Standards Division (CG-5224), acting for the Assistant 
Commandant for Marine Safety, Security, and Stewardship (CG-5) may, upon 
receipt of a written request, consider and approve alternative methods 
of reporting if:
    (1) Such methods are at least as effective as that required by Sec. 
151.2041; and
    (2) Compliance with the requirement is economically or physically 
impractical.
    (i) The Chief, Environmental Standards Division (CG-5224) will take 
approval or disapproval action on the request submitted in accordance 
with paragraph (a) of this section within 30 days of receipt of the 
request.
    (ii) [Reserved]

[USCG-1998-3423, 66 FR 58391, Nov. 21, 2001, as amended by USCG-2002-
12471, 67 FR 41332, June 18, 2002. Redesignated and amended by USCG-
2002-13147, 69 FR 32870, June 14, 2004; USCG-2008-0179, 73 FR 35014, 
June 19, 2008]



Sec. 151.2045  What are the mandatory recordkeeping requirements for vessels 

equipped with ballast tanks that are bound for a port or place in the United 

States?

    (a) The master, owner, operator, or person in charge of a vessel 
bound for a port or place in the United States, unless specifically 
exempted by Sec. Sec. 151.2010 or 151.2015 must keep written, records 
that include the following information (Note: Ballast tank is any tank 
or hold that carries ballast water regardless of design):
    (1) Vessel information. Include the--
    (i) Name;
    (ii) International Maritime Organization (IMO) Number (official 
number 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 of arrival, vessel 
agent, last port and country of call, and next port and country of call.
    (3) Total ballast water information. Include the total ballast water 
capacity, total volume of ballast water on board, total number of 
ballast water tanks, and total number of ballast water tanks in ballast. 
Use units of measurements such as metric tons (MT), cubic meters (m3), 
long tons (LT), and short tons (ST).
    (4) Ballast Water Management. Include the total number of ballast 
tanks/holds that are to be discharged into the waters of the United 
States or to a reception facility. If an alternative ballast water 
management method is used, please note the number of tanks that were 
managed using an alternative method, as well as the type of method used. 
Indicate whether the vessel has a ballast water management plan and IMO 
guidelines on board, and whether the ballast water management plan is 
used.
    (5) Information on ballast water tanks that are to be discharged 
into the waters of the United States or to a reception facility. Include 
the following:
    (i) The origin of ballast water. This includes date(s), location(s), 
volume(s) and temperature(s) (If a tank has been exchanged, list the 
loading port of the ballast water that was discharged during the 
exchange.).
    (ii) The date(s), location(s), volume(s), method, thoroughness 
(percentage exchanged if exchange conducted), sea height at time of 
exchange if exchange conducted, of any ballast water exchanged or 
otherwise managed.
    (iii) The expected date, location, volume, and salinity of any 
ballast water to be discharged into the waters of the United States or a 
reception facility.
    (6) Discharge of sediment. If sediment is to be discharged within 
the jurisdiction of the United States include the

[[Page 261]]

location of the facility where the disposal will take place.
    (7) Certification of accurate information. Include the master, 
owner, operator, person in charge, or responsible officer's printed 
name, title, and signature attesting to the accuracy of the information 
provided and certifying compliance with the requirements of this 
subpart.
    (8) Change to previously submitted information. Indicate whether the 
information is a change to information previously submitted for this 
voyage.
    (9) The master, owner, operator, or person in charge of a vessel 
subject to this section, must retain a signed copy of this information 
on board the vessel for 2 years.
    (10) The information required of this subpart may be used to satisfy 
the ballast water recordkeeping requirements for vessels subject to 
Sec. 151.2040(a) and (b).
    (11) A sample form and the instructions for completing the form are 
in the appendix to this subpart. If you complete the ``Ballast Water 
Reporting Form'' contained in the IMO Guidelines or complete the ballast 
water information section of the St. Lawrence Seaway required ``Pre-
entry Information Flagged Vessels Form,'' then you have met the 
requirements of this section.

[USCG-1998-3423, 64 FR 26682, May 17, 1999, as amended at 66 FR 58391, 
Nov. 21, 2001; USCG-2002-13147, 69 FR 32870, June 14, 2004]



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 the compliance 
of any vessel subject to this subpart.
    (b) The master, owner, operator, or person in charge of a vessel 
subject to this section, shall make available to the COTP the records 
required by Sec. 151.2045 upon request.
    (c) The NBIC will compile the data obtained from submitted reports. 
This data will be used, in conjunction with existing databases on the 
number of vessel arrivals, to assess vessel reporting rates.



Sec. 151.2055  Where are the alternate exchange zones located? [Reserved]



Sec. 151.2060  What must each application for approval of an alternative 

compliance technology contain? [Reserved]



Sec. 151.2065  What is the standard of adequate compliance determined by the 

ANSTF for this subpart? [Reserved]

[[Page 262]]



Sec. Appendix to Subpart D of Part 151--Ballast Water Reporting Form and 

              Instructions for Ballast Water Reporting Form

[GRAPHIC] [TIFF OMITTED] TR17MY99.001


[[Page 263]]


[GRAPHIC] [TIFF OMITTED] TR17MY99.002


[[Page 264]]


[GRAPHIC] [TIFF OMITTED] TR17MY99.003

    Where to send this form.

[[Page 265]]



------------------------------------------------------------------------
 Vessels equipped with ballast water tanks bound for all ports or places
 within the waters of the United States after operating outside the EEZ
             (which includes the equivalent zone of Canada).
-------------------------------------------------------------------------
                                       You must submit your report as
             Bound for                         detailed below.
------------------------------------------------------------------------
The Great Lakes...................  Fax the information at least 24
                                     hours before the vessel arrives in
                                     Montreal, Quebec, to the USCG COTP
                                     Buffalo, Massena Detachment (315-
                                     769-5032) or to the Saint Lawrence
                                     Seaway Development Corporation (315-
                                     764-3250).
                                    In lieu of faxing, vessels that are
                                     not U.S. or Canadian flagged may
                                     complete the ballast water
                                     information section of the St.
                                     Lawrence Seaway ``Pre-entry
                                     Information from Foreign Flagged
                                     Vessel Form''.
Hudson River north of the George    Fax the information to the COTP New
 Washington Bridge.                  York at (718-354-4249) at least 24
                                     hours before the vessel arrives at
                                     New York, New York.
                                    *Note: Vessels entering COTP New
                                     York Zone which are not bound up
                                     the Hudson River north of George
                                     Washington Bridge should submit the
                                     form in accordance with the
                                     instructions in the following
                                     block.
All other U.S. Ports..............  Report before departing the port or
                                     place of departure if voyage is
                                     less than 24 hours, or at least 24
                                     hours before arrival at the port or
                                     place of destination if the voyage
                                     exceeds 24 hours; and submit the
                                     required information to the
                                     National Ballast Information
                                     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 to 301-261-4319; or Mail the
                                     information to U.S. Coast Guard, c/
                                     o SERC. P.O. Box 28, Edgewater, MD
                                     21037-0028.
------------------------------------------------------------------------


------------------------------------------------------------------------
 Vessels that have not operated outside the EEZ, which are equipped with
  ballast water tanks and are bound for all ports or places within the
                      waters of the United States.
-------------------------------------------------------------------------
                                       You must submit your report as
             Bound for                         detailed below:
------------------------------------------------------------------------
All U.S. ports including the Great  Report before departing the port or
 Lakes and Hudson River North of     place of departure if voyage is
 George Washington Bridge.           less than 24 hours, or at least 24
                                     hours before arrival at the port or
                                     place of destination if the voyage
                                     exceeds 24 hours; and submit the
                                     required information to the
                                     National Ballast Information
                                     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 to 301-261-4319; 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 vessel 
departs the waters of the United States.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a valid OMB 
control number. The Coast Guard estimates that the average burden for 
this report is 35 minutes. You may submit any comments concerning the 
accuracy of this burden estimate or any suggestions for reducing the 
burden to: Commandant (CG-524), U.S. Coast Guard, 2100 2nd St., SW. Stop 
7126, Washington, DC 20593-7126, or Office of Management and Budget, 
Paperwork Reduction Project (1625-0069), Washington, DC 20503.

[USCG-1998-3423, 64 FR 26682, May 17, 1999, as amended at 66 FR 58391, 
Nov. 21, 2001; USCG-2002-13147, 69 FR 32870, June 14, 2004; USCG-2005-
21531, 70 FR 36349, June 23, 2005; USCG-2008-0179, 73 FR 35014, June 19, 
2008; USCG-2010-0351, 75 FR 36284, June 25, 2010]



  Subpart E_Definition of Marine Debris for the Purposes of the Marine 

             Debris Research, Prevention, and Reduction Act

    Authority: 33 U.S.C. 1951-1958 (2006); 33 CFR 1.05-1; Department of 
Homeland Security Delegation No. 0170.1.



Sec. 151.3000  Definition of marine debris for the purposes of the Marine 

Debris Research, Prevention, and Reduction Act.

    (a) Marine debris. For the purposes of the Marine Debris Research, 
Prevention, and Reduction Act (33 U.S.C. 1951-1958 (2006)) only, marine 
debris is defined as any persistent solid material that is manufactured 
or processed and directly or indirectly, intentionally or 
unintentionally, disposed of or abandoned into the marine environment or 
the Great Lakes.
    (b) NOAA and the Coast Guard have jointly promulgated the definition 
of marine debris in this part. NOAA's regulation may be found in 15 CFR 
part 909.

[74 FR 45560, Sept. 3, 2009]

[[Page 266]]



PART 153_CONTROL OF POLLUTION BY OIL AND HAZARDOUS 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 Hazardous Substance

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 discharged oil.
153.307 Penalties.

             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) or 311(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; 42 U.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 Security Delegation 
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 concerning 
notification to the Coast Guard of the discharge of oil or hazardous 
substances as required by the Federal Water Pollution Control Act, as 
amended (FWPCA); the procedures for the removal of a discharge of oil; 
and the costs that may be imposed or reimbursed for the removal of a 
discharge 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, as amended 
(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 et seq.).
    (c) Chemical agents means those elements, compounds, or mixtures 
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 or removal of the 
pollutant from the water. The term ``chemical agents'' as used in this 
part includes dispersants, surface collecting agents, biological 
additives, burning agents, and sinking agents as defined in Subpart H of 
the National Contingency Plan.
    (d) Assistant Commandant for Marine Safety, Security and 
Environmental Protection means the Coast Guard Officer designated by the 
Commandant to assist and advise the Commandant on matters related to 
marine environmental response, port and environmental safety, and 
waterways management.
    (e) Coastal waters means all U.S. waters subject to the tide, U.S. 
waters of the Great Lakes, specified ports and harbors on the inland 
rivers, waters of the contiguous zone, or other waters of the high seas 
subject to discharges in connection with activities under the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) or the Deepwater 
Port Act of 1974 (33 U.S.C. 1501 et seq.), or which may affect natural 
resources belonging to, appertaining to, or under the exclusive 
management authority of the United States (including resources under the 
Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et 
seq.)). These waters include those contained within the Exclusive

[[Page 267]]

Economic Zone declared by Presidential Proclamation 5030 on March 10, 
1983 (43 FR 10605).
    Note: Coastal waters are those waters where the Coast Guard has the 
responsibility for providing On-Scene Coordinators under the National 
Contingency Plan. Specific dividing lines between coastal and inland 
waters, and the identification of specified ports and harbors on inland 
rivers, are contained in Regional Contingency Plans prepared pursuant to 
the National Contingency Plan.
    (f) Contiguous zone means the entire zone established by the United 
States under Article 24 of the Convention on the Territorial Sea and the 
Contiguous Zone, as published in the June 1, 1972 issue of the Federal 
Register (37 FR 11906).
    (g) Discharge includes, but is not limited to, any spilling, 
leaking, pumping, pouring, emitting, emptying, or dumping, but excludes 
(A) discharges in compliance with a permit under Section 402 of the Act, 
(B) discharges resulting from circumstances identified and reviewed and 
made part of the public record with respect to a permit issued or 
modified under Section 402 of the Act, and subject to a condition in 
such permit, and (C) continuous or anticipated intermittent discharges 
from a point source, identified in a permit or permit application under 
section 402 of the Act, which are caused by events occurring within the 
scope of relevant operating or treatment systems.
    (h) Hazardous substance means any substance designated by the 
Administrator of the Environmental Protection Agency pursuant to section 
311(b)(2) of the Act.
    (i) Inland waters means all other waters of the U.S. not included in 
the definition of coastal waters.
    Note: Inland waters are those waters where the Environmental 
Protection Agency has the responsibility for providing On-Scene 
Coordinators under the National Contingency Plan. Specific dividing 
lines between coastal and inland waters are contained in Regional 
Contingency 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 contain the 
discharge of oil and to recover the discharge from the water or 
adjoining shorelines.
    (k) Navigable waters means the waters of the United States as 
defined in paragraph 2.36(b) of this Chapter.
    (l) Offshore facility means any facility of any kind located in, on, 
or under, any of the navigable waters of the United States, and any 
facility of any kind which is subject to the jurisdiction of the 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 but not 
limited to petroleum, fuel oil, sludge, oil refuse, and oil mixed with 
wastes other than dredged spoil.
    (n) On-Scene Coordinator or OSC is the Federal official 
predesignated by the Environmental Protection Agency (EPA) or Coast 
Guard to coordinate and direct Federal removal efforts at the scene of 
an oil or hazardous substance discharge as prescribed in the National 
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 not limited 
to, motor vehicles and rolling stock) of any kind located in, on, or 
under, any land within the United States other than submerged land.
    (p) Person includes an individual, firm, corporation, association, 
and a partnership.
    (q) Pollution Fund and Fund means the revolving fund established in 
the Treasury under the authority in section 311(k) of the 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-boat chartered and 
operated by the United States, or by a State or political subdivision 
thereof, or by a foreign nation, except when such vessel is engaged in 
commerce.
    (s) Remove or Removal refers to removal of oil or hazardous 
substances from the waters and shorelines or the taking of such other 
actions as may be necessary to minimize or mitigate damage to the public 
health or welfare, including, but not limited to, fish, shellfish, 
wildlife, and public and private property, shorelines, and beaches.

[[Page 268]]

    (t) Sorbent means materials essentially inert and insoluble used to 
remove oil from water through a variety of sorption mechanisms. Examples 
include straw, expanded perlite, polyurethane foam, reclaimed paper 
fibers, and peat moss.
    (u) Such quantities as may be harmful means those quantities of oil 
and any hazardous substances determined in accordance with the 
provisions of section 311(b)(4) of the Act.
    Note: Regulations that relate to such quantities as may be harmful 
of oil are published in 40 CFR part 110. Regulations that relate to such 
quantities as may be harmful (reportable quantities) of hazardous 
substances are published in 40 CFR part 117 and also listed in 40 CFR 
part 302.
    (v) United States means the States, the District of Columbia, the 
Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, 
and the Trust Territory of the Pacific Islands.
    (w) Vessel means every description of watercraft or other artificial 
contrivance used, or capable of being used, as a means of transportation 
on water other than a public vessel.

[CGD 84-067, 51 FR 17965, May 16, 1986, as amended by CGD 88-052, 53 FR 
25121, July 1, 1988; CGD 96-026, 61 FR 33665, 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 Water Pollution 
Control Act (FWPCA) [33 U.S.C. 1321 et seq.] are published in Sec. 
1.01-80 and Sec. 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 in Sec. 
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 Hazardous Substance



Sec. 153.201  Purpose.

    The purpose of this subpart is to prescribe the manner in which the 
notice required in section 311(b)(5) of the Act is to be given and to 
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 offshore 
facility shall, as soon as they have knowledge of any discharge of oil 
or a hazardous substance from such vessel or facility in violation of 
section 311(b)(3) of the Act, immediately notify the National Response 
Center (NRC), U.S. Coast Guard, 2100 2nd St., SW., Stop 7238, 
Washington, DC 20593-7238, 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 made to the 
Coast Guard or EPA predesignated OSC for the geographic area where the 
discharge occurs. All such reports shall be promptly relayed to the NRC. 
If it is not possible to notify the NRC or the predesignated OSC 
immediately, reports may be made immediately to the nearest Coast Guard 
unit, provided that the person in charge of the vessel or onshore or 
offshore facility notifies the NRC as soon as possible. A report made 
under this section satisfies the reporting requirements of Sec. 151.15 
of this chapter and of 46 CFR 4.05-1, if required under that provision.
    Note: Geographical jurisdiction of Coast Guard and EPA OSC's are 
specified in the applicable Regional Contingency Plan. Regional 
Contingency Plans are available at Coast Guard District Offices and EPA 
Regional Offices as indicated in Table 2. Addresses and telephone 
numbers for these offices are listed in Table 1.

[CGD 84-067, 51 FR 17966, May 16, 1986, as amended by CGD 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; USCG-2010-0351, 75 FR 36284, June 25, 2010]

[[Page 269]]



Sec. 153.205  Fines.

    Section 311(b)(5) of the Act prescribes that any person who fails to 
notify the appropriate agency of the United States Government 
immediately of a discharge is, upon conviction, fined in accordance with 
Title 18, U.S. Code, or imprisoned for not more than 5 years, or both.

Table 1--Addresses and Telephone Numbers 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, MA
                                 02114-2023.
    2.........................  290 Broadway, New           212-637-3000
                                 York, NY 10007-1866.
    3.........................  1650 Arch St.,              215-814-5000
                                 Philadelphia, PA
                                 19103-2029.
    4.........................  Atlanta Federal             404-562-9900
                                 Center, 61 Forsyth
                                 St., SW, Atlanta, GA
                                 30303-3104.
    5.........................  77 West Jackson             312-353-2000
                                 Boulevard, Chicago,
                                 IL 60604-3507.
    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, KS
                                 66101.
    8.........................  999 18th St., Suite         303-312-6312
                                 500, Denver, CO
                                 80202-2466.
    9.........................  75 Hawthorne St., San       415-744-1305
                                 Francisco, CA 94105.
    10........................  1200 Sixth Avenue,          206-553-1200
                                 Seattle, WA 98101.
------------------------------------------------------------------------
                      Coast Guard District Offices
------------------------------------------------------------------------
District:
    1st.......................  408 Atlantic Avenue,        617-223-8480
                                 Boston, MA 02210-
                                 3350.
    5th.......................  Federal Building, 431       757-398-6638
                                 Crawford St.,
                                 Portsmouth, VA 23704-
                                 5004.
    7th.......................  909 S.E. First              305-536-5651
                                 Avenue, Miami, FL
                                 33131-3050.
    8th.......................  Hale Boggs Federal          504-589-6901
                                 Bldg., 500 Camp
                                 Street, New Orleans,
                                 LA 70130-3396.
    9th.......................  1240 E. 9th St.,            216-902-6045
                                 Cleveland, OH 44199-
                                 2060.
    11th......................  Coast Guard Island,         510-437-2940
                                 Building 50-6,
                                 Alameda, CA 94501-
                                 5100.
    13th......................  Jackson Federal             206-220-7090
                                 Bldg., 915 Second
                                 Avenue, Seattle, WA
                                 98174-1067.
    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, AK 99802-
                                 5517.
------------------------------------------------------------------------


  Table 2--Standard Administrative Regions of States and Corresponding
                  Coast Guard Districts and EPA Regions
------------------------------------------------------------------------
            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

[[Page 270]]

 
    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
    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 by CGD 88-052, 53 FR 
25121, July 1, 1988; CGD 97-023, 62 FR 33364, June 19, 1997; USCG-1998-
3799, 63 FR 35530, June 30, 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 procedures 
to 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 a 
vessel or onshore or offshore facility from which a discharge of oil 
into coastal waters occurs who acts to remove or arranges for the 
removal 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 discharge 
of oil from coastal waters shall:
    (a) Use to the maximum extent possible mechanical methods and 
sorbents 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 the 
National Contingency Plan to require or deny the use of specific 
mechanical methods and sorbents. Sorbent selection considerations of the 
OSC include hydrographic and meteorological conditions, characteristics 
of the sorbent, and availability of a mechanical method 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 or 
sorbents or both to the maximum extent possible;
    (c) Recover the discharged oil from the water or adjoining 
shorelines by mechanical or manual methods or both to the maximum extent 
possible;
    (d) Use chemical agents only in accordance with the provisions of 
Subpart H of the National Contingency Plan and with the prior approval 
of the Federal OSC; and
    (e) Dispose of recovered oil and oil contaminated materials in 
accordance with applicable State and local government procedures.

[CGD 73-185, 41 FR 12630, Mar. 25, 1976, as amended by CGD 84-067, 51 FR 
17966, May 16, 1986]



Sec. 153.307  Penalties.

    Any person who fails or refuses to comply with the provisions of 
this part, or to comply with an order issued by the Federal On-Scene 
Coordinator 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 amount equal to three 
times the costs incurred by the Oil Spill Liability Trust Fund as a 
result of such failure.

[USCG-1998-3799, 63 FR 35531, June 30, 1998]

[[Page 271]]



             Subpart D_Administration of the Pollution Fund



Sec. 153.401  Purpose.

    This subpart prescribes policies, procedures, and reporting 
requirements for the payment from and deposit into the Fund established 
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 from 
the Fund for costs incurred during a removal activity; and
    (b) The owner or operator of the vessel or onshore or offshore 
facility from which a discharge occurs that requires Federal removal 
activity.



Sec. 153.405  Liability to the pollution fund.

    The owner or operator of the vessel or onshore or offshore facility 
from which a discharge occurs that requires Federal removal activity is 
liable to the pollution fund for the actual costs of Federal and State 
agencies, including the employment and use of personnel and equipment, 
not to exceed the limits established by sections 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 III 
activity as defined in Subpart E of the National Contingency Plan, or a 
removal action as defined in Subpart F of the National Contingency Plan, 
are reimbursable to Federal and State agencies when authorized by the 
appropriate OSC under the authority of section 311(c) of the Act, and 
are reimbursable to Federal agencies when authorized by the appropriate 
Coast Guard or EPA official in the case of the summary removal or 
destruction of a vessel, other ``intervention'' (as defined in Sec. 
153.105(e) of this part), or any other action under the authority of 
section 311(d) of the Act or the Intervention on the High Seas Act (33 
U.S.C. 1471 et seq.):
    (1) Costs found to be reasonable by the Coast Guard incurred by 
government industrial type facilities, including charges for overhead in 
accordance with the agency's industrial accounting system.
    (2) Actual costs for which an agency is required or authorized by 
any law to obtain full reimbursement.
    (3) Costs found to be reasonable by the Coast Guard incurred as a 
result of removal activity that are not ordinarily funded by an agency's 
regular appropriations and that are not incurred during normal 
operations. These costs include, but are not limited to, the following:
    (i) Travel (transportation and per diem) specifically requested of 
the agency by the On-Scene Coordinator.
    (ii) Overtime for civilian personnel specifically requested of the 
agency 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 specific 
removal activity and fully expended during the removal activity.
    (v) Lease or rental of equipment for the specific removal activity.
    (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 the 
costs found to be reasonable under paragraph (a)(3) of this section. 
Direct payment may only be made to Federal or State agencies, or to 
Federal contractors or suppliers. Direct payments to State or local 
agency 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 or reimbursement of 
its costs incurred in the removal of oil or hazardous substances 
discharged from a vessel or facility that it owns or operates.
    Note: Federal procurement procedures governing contracts to purchase 
property and services apply to costs incurred as a result of removal 
activity. Where the public exigency will not permit the delay incident 
to advertising, purchases and contracts are

[[Page 272]]

negotiated pursuant to 10 U.S.C. 2304(a)(2) or 41 U.S.C. 252(c)(2), as 
applicable.

[CGD 73-185, 41 FR 12630, Mar. 25, 1976, as amended by CGD 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 offshore facility 
who obtains a judgment against the United States under section 311(i) of 
the Act may have the judgment satisfied by requesting payment of the 
judgment in writing from the Commandant (CG-094), 2100 2nd St., SW., 
Stop 7238, Washington, DC 20593-7238. This request must be accompanied 
by a copy of the judgment and must designate to whom payment should be 
made.

[CGD 73-185, 41 FR 12630, Mar. 25, 1976, as amended at USCG-2010-0351, 
75 FR 36284, June 25, 2010]



Sec. 153.413  Deposit of money into the fund.

    Any person liable for the payment of the following shall remit 
payment by check or postal money order, payable to the U.S. Coast Guard, 
to the cognizant District Commander, or to the Commandant for deposit 
into the Pollution Fund as prescribed in section 311(k) of the Act:
    (a) A fine or penalty imposed, assessed, or compromised under 
section 311 of the Act, including the proceeds of a bond or other surety 
obtained pursuant to section 311(b)(6).
    (b) A claim asserted by the cognizant District Commander for costs 
recoverable under sections 311 (f) and (g) of the Act.
    (c) A judgment obtained by the United States for costs recoverable 
under sections 311 (f) and (g) of the Act.



Sec. 153.415  Cost summary reports.

    As soon as practicable after completion of an action authorized 
under section 311 (c) or (d) of the Act or the Intervention on the High 
Seas Act, the OSC submits a cost summary report to the cognizant 
District Commander that includes:
    (a) Names of agencies and contractors authorized to participate in 
the action;
    (b) A general description of the function performed by each 
participating agency and contractor;
    (c) An estimate of the cost of each function performed by each 
participating agency and contractor; and
    (d) A copy of contracts, memoranda, or other documents pertaining to 
the functions performed by the participating agencies and contractors.

[CGD 73-185, 41 FR 12630, Mar. 25, 1976, as amended by CGD 84-067, 51 FR 
17967, May 16, 1986]



Sec. 153.417  Reimbursement for actions under section 311(c) or 311(d) of the 

Act of the Intervention on the High Seas Act.

    (a) Each Federal or State agency requesting reimbursement for an 
action authorized under section 311(c) or 311(d) of the Act or under the 
Intervention on the High Seas Act must, within 60 days after completion 
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 State 
agencies are reviewed by the OSC to ensure that the costs for which 
reimbursement is being sought were authorized as Phase III removal 
actions for oil discharges, or removal actions as defined in Subpart F 
for hazardous substance discharges, and must have one of the following 
certifications by the OSC, as appropriate:
    (1) I certify that the actions for which reimbursement is being 
requested in the attached statements were authorized by me as [(Phase 
III oil removal actions) or (hazardous substance removal actions)], and 
reasonable costs related thereto are proper for payment from the 
Pollution Fund.

________________________________________________________________________
(OSC signature)
________________________________________________________________________
(Incident title)
________________________________________________________________________
(Pollution incident project number)

    (2) I certify that, except as noted below, the actions for which 
reimbursement is being requested in the attached statements were 
authorized by me as

[[Page 273]]

[(Phase III oil removal actions) or (hazardous substance removal 
actions)], and reasonable costs related thereto are proper for payment 
from the Pollution Fund. The following actions were not authorized by me 
and are not subject to reimbursement from the Pollution Fund:

________________________________________________________________________
(OSC Signature)
________________________________________________________________________
(Incident title)
________________________________________________________________________
(Pollution incident project number)

[CGD 84-067, 51 FR 17967, May 16, 1986]



PART 154_FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK--Table of 

Contents



                            Subpart A_General

Sec.
154.100 Applicability.
154.105 Definitions.
154.106 Incorporation by reference: Where can I get a copy of the 
          publications incorporated by reference in this part?
154.107 Alternatives.
154.108 Exemptions.
154.110 Letter of intent.
154.120 Facility examinations.
154.T150 Temporary suspension of requirements to permit support of 
          deepwater horizon spill response.

                       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 overfill protection.
154.814 Facility requirements for vessel vapor overpressure and vacuum 
          protection.
154.820 Fire, explosion, and detonation protection.
154.822 Detonation arresters, flame arresters, and flame screens.
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 operating authorization.
154.1026 Qualified individual and alternate qualified individual.
154.1028 Methods of ensuring the availability of response resources by 
          contract or other approved means.
154.1029 Worst case discharge.
154.1030 General response plan contents.
154.1035 Specific requirements for facilities that could reasonably be 
          expected to cause significant and substantial harm to the 
          environment.
154.1040 Specific requirements for facilities that could reasonably be 
          expected to cause substantial harm to the environment.
154.1041 Specific response information to be maintained on mobile MTR 
          facilities.
154.1045 Response plan development and evaluation criteria for 
          facilities that handle, store, or transport Group I through 
          Group IV petroleum oils.
154.1047 Response plan development and evaluation criteria for 
          facilities that handle, store, or transport Group V petroleum 
          oils.
154.1050 Training.

[[Page 274]]

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 a Trans-Alaska 
Pipeline Authorization Act (TAPAA) Facility Operating in Prince William 
                              Sound, Alaska

154.1110 Purpose and applicability.
154.1115 Definitions.
154.1120 Operating restrictions and interim operating authorization.
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 Oils Facilities

154.1210 Purpose and applicability.
154.1216 Facility classification.
154.1220 Response plan submission requirements.
154.1225 Specific response plan development and evaluation criteria and 
          other requirements for fixed facilities that handle, store, or 
          transport animal fats or vegetable oils.
154.1228 Methods of ensuring the availability of response resources by 
          contract or other approved means.
154.1240 Specific requirements for animal fats and vegetable oils 
          facilities that could reasonably be expected to cause 
          substantial harm to the environment.

     Subpart I_Response Plans for Other Non-Petroleum Oil Facilities

154.1310 Purpose and applicability.
154.1320 Response plan submission requirements.
154.1325 Response plan development and evaluation criteria for 
          facilities that handle, store, or transport other non-
          petroleum oils.

Appendix A to Part 154--Guidelines for Detonation Flame Arresters
Appendix B to Part 154--Standard Specification for Tank Vent Flame 
          Arresters
Appendix C to Part 154--Guidelines for Determining and Evaluating 
          Required Response Resources for Facility Response Plans
Appendix D to Part 154--Training Elements for Oil Spill Response 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 of Homeland Security 
Delegation No. 0170.1. Subpart F is also issued under 33 U.S.C. 2735.



                            Subpart A_General



Sec. 154.100  Applicability.

    (a) This part applies to each facility that is capable of 
transferring oil or hazardous materials, in bulk, to or from a vessel, 
where the vessel has a total capacity, from a combination of all bulk 
products carried, of 39.75 cubic meters (250 barrels) or more. This part 
does not apply to the facility when it is in a caretaker status. This 
part does not apply to any offshore facility operating under the 
jurisdiction of the Secretary of the Department of Interior.
    (b) Upon written notice to the facility operator, the COTP may 
apply, as necessary for the safety of the facility, its personnel, or 
the public, all or portions of Sec. 154.735 to each facility that is 
capable of transferring oil or hazardous material, in bulk, only to or 
from a vessel with a capacity of less than 250 barrels. If the facility 
is in caretaker status, the COTP may not apply the provisions of Sec. 
154.735 to the facility if its storage tanks and piping are gas free.
    (c) Upon a determination by the COTP under Sec. 154.1016 that an 
MTR facility, as defined in subpart F, could reasonably be expected to 
cause substantial harm to the environment by discharging oil into or on 
the navigable waters, adjoining shorelines, or exclusive economic zone, 
subpart F of this part is applicable to the facility.
    (d) The following sections of this part apply to mobile facilities:
    (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

[[Page 275]]

(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 and 
qualification. 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) 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 by CGD 91-036, 58 FR 
7352, Feb. 5, 1993; CGD 93-056, 61 FR 41457, 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 CFR part 7.
    Captain of the Port (COTP) means the U.S. Coast Guard officer 
commanding a Captain of the Port Zone described in part 3 of this 
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 marine transfer area 
are completely free of oil or hazardous materials, where these 
components have been certified as being gas free, where piping, hoses, 
and loading arms terminating near any body of water have been blanked, 
and where the facility operator has notified the COTP that the facility 
will be in caretaker status.
    Commandant means the Commandant of the Coast Guard or an authorized 
representative.
    Contiguous Zone means the entire zone established by the United 
States under Article 24 of the Convention on the Territorial Sea and the 
Contiguous Zone, but not extending beyond 12 miles from the baseline 
from which the breadth of the territorial sea is measured.
    District Commander means the officer of the Coast Guard designated 
by the Commandant to command a Coast Guard District, as described 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 of the Secretary of 
the Department of Interior, and includes, but is not limited to, 
structure, equipment, and appurtenances thereto, used or capable of 
being used to transfer oil or hazardous materials to or from a vessel or 
public vessel. Also included are facilities that tank clean or strip and 
any floating structure that is used to support an integral part of the 
facility's operation. A facility includes federal, state, municipal, and 
private facilities.
    Facility operator means the person who owns, operates, or is 
responsible 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 waterfront facility 
handling oil or hazardous materials in bulk between the vessel, or where 
the vessel moors, and the first manifold or shutoff valve on the 
pipeline encountered after the pipeline enters the secondary containment 
required under 40 CFR 112.7 or 49 CFR 195.264 inland of the terminal 
manifold or loading arm, or, in the absence of secondary containment, to 
the valve or manifold adjacent to the bulk storage tank, including the 
entire pier or wharf to which a vessel transferring oil or hazardous 
materials is moored.

[[Page 276]]

    MARPOL 73/78 means the International Convention for the Prevention 
of Pollution from Ships, 1973 (done at London, November 2, 1973) as 
modified by the Protocol of 1978 relating to the International 
Convention for the Prevention of Pollution from Ships, 1973 (done at 
London, February 17, 1978).
    Mobile facility means any facility that can readily change location, 
such as a tank truck or tank car, other than a vessel or public vessel.
    Monitoring device means any fixed or portable sensing device used to 
monitor for a discharge of oil or hazardous material onto the water, 
within or around a facility, and designed to notify operating personnel 
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 in part 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, and any 
facility of any kind which is subject to the jurisdiction of the United 
States and is located in, on, 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 not limited 
to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes 
other than dredged spoil.
    Onshore facility means any facility (including, but not limited to, 
motor vehicles and rolling stock) of any kind located in, on, or under 
any land within the United States other than submerged land.
    Person in charge means an individual designated as a person in 
charge of transfer operations under Sec. 154.710 (for facilities) or 
Sec. 155.700 (for vessels) of this chapter.
    STCW means the International Convention on Standards of Training, 
Certification, and Watchkeeping for Seafarers, 1978.
    Self-propelled tank vessel means a self-propelled tank vessel other 
than a tankship.
    Tank barge means a non-self-propelled tank vessel.
    Tankship means a self-propelled tank vessel constructed or adapted 
primarily to carry oil or hazardous material in bulk in the cargo 
spaces.
    Tank vessel means a vessel that is constructed or adapted to carry, 
or that carries, oil or hazardous material in bulk as cargo or cargo 
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 subject 
to 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, or displacement. A 
transfer is considered to begin when the person in charge on the 
transferring vessel or facility and the person in charge on the 
receiving facility or vessel first meet to begin completing the 
declaration of inspection as required by Sec. 156.150 of this chapter. 
A transfer is considered to be complete when all the connections for the 
transfer have been uncoupled and secured with blanks or other closure 
devices and both of the persons in charge have completed the declaration 
of inspection to include the date and time the transfer was complete.
    Vessel operator means a person who owns, operates, or is responsible 
for the operation of a vessel.

[CGD 75-124, 45 FR 7169, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36252, Sept. 4, 1990; CGD 79-116, 60 FR 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: Where can I get a copy of the 

publications incorporated by reference in this part?

    (a) Certain material is incorporated by reference (IBR) into this 
part with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of change 
in the Federal Register and the material must be available to the 
public. All approved material is available for inspection at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at

[[Page 277]]

NARA, call 202-741-6030 or go to http://www.archives.gov/federal--
register/code--of--federal--regulations/ibr--locations.html. Also, it is 
available for inspection at the Coast Guard, Office of Port and Facility 
Activities, Cargo and Facilities Division (CG-5332), 2100 2nd St., SW., 
Stop 7363, Washington, DC 20593-7363, 202-372-2234 and is available from 
the sources indicated in this section below.
    (b) American Petroleum Institute (API), 1220 L Street NW., 
Washington, DC 20037, 202-682-8000, http://www.api.org/:
    (1) API Standard 2000, Venting Atmospheric and Low-Pressure Storage 
Tanks (Nonrefrigerated and Refrigerated), Third Edition, January 1982 
(reaffirmed December 1987), IBR approved for Sec. 154.814.
    (2) API Recommended Practice 550, Manual on Installation of Refinery 
Instruments and Control Systems, Part II--Process Stream Analyzers, 
Section 1--Oxygen Analyzers, Fourth Edition, February 1985, IBR approved 
for Sec. 154.824.
    (c) American National Standards Institute (ANSI), 11 West 42nd 
Street, New York, NY 10036, 202-293-8020, http://www.ansi.org:
    (1) ANSI B16.5, Steel Pipe Flanges and Flanged Fittings, 1988, IBR 
approved for Sec. Sec. 154.500, 154.808, and 154.810.
    (2) ANSI B16.24, Bronze Pipe Flanges and Flange Fittings Class 150 
and 300, 1979, IBR approved for Sec. Sec. 154.500 and 154.808.
    (3) ANSI B31.3, Chemical Plant and Petroleum Refinery Piping, 1987 
(including B31.3a-1988, B31.3b-1988, and B31.3c-1989 addenda), IBR 
approved for Sec. Sec. 154.510 and 154.808.
    (d) ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 
19428-2959, 610-832-9585, http://www.astm.org/:
    (1) ASTM F631-93, Standard Guide for Collecting Skimmer Performance 
Data in Controlled Environments, IBR approved for Appendix C.
    (2) ASTM F715-95, Standard Test Methods for Coated Fabrics Used for 
Oil Spill Control and Storage, IBR approved for Appendix C.
    (3) ASTM F722-82 (1993), Standard Specification for Welded Joints 
for Shipboard Piping Systems, IBR approved for Appendix A and Appendix 
B.
    (4) ASTM F1122-87 (1992), Standard Specification for Quick 
Disconnect Couplings, IBR approved for Sec. 154.500.
    (5) ASTM F1155-98, Standard Practice for Selection and Application 
of Piping System Materials, IBR approved for Appendix A and Appendix B.
    (6) ASTM F1413-07, Standard Guide for Oil Spill Dispersant 
Application Equipment: Boom and Nozzle Systems, IBR approved for Sec. 
154.1045.
    (7) ASTM F1737-07, Standard Guide for Use of Oil Spill Dispersant 
Application Equipment During Spill Response: Boom and Nozzle Systems, 
IBR approved for Sec. 154.1045.
    (8) ASTM F1779-08, Standard Practice for Reporting Visual 
Observations of Oil on Water, IBR approved for Sec. 154.1045.
    (e) International Electrotechnical Commission (IEC), Bureau Central 
de la Commission Electrotechnique Internationale, 1 rue de Varembe, 
Geneva, Switzerland, +41-22-919-02-11, http://www.iec.ch/:
    (1) IEC 309-1--Plugs, Socket-Outlets and Couplers for Industrial 
Purposes: Part 1, General Requirements, 1979, IBR approved for Sec. 
154.812.
    (2) IEC 309-2--Plugs, Socket-Outlets and Couplers for Industrial 
Purposes: Part 2, Dimensional Interchangeability Requirements for Pin 
and Contact-tube Accessories, 1981, IBR approved for Sec. 154.812.
    (f) National Electrical Manufacturers Association (NEMA), 1300 North 
17th Street, Suite 1752, Rosslyn, Virginia 22209, 703-841-3200, http://
www.nema.org/:
    (1) ANSI NEMA WD-6--Wiring Devices, Dimensional Requirements, 1988, 
IBR approved for Sec. 154.812.
    (2) [Reserved]
    (g) National Fire Protection Association (NFPA), 1 Batterymarch 
Park, Quincy, MA 02269-9101, 617-770-3000, http://www.nfpa.org/:
    (1) NFPA 51B, Standard for Fire Prevention in Use of Cutting and 
Welding Processes, 1994, IBR approved for Sec. 154.735.
    (2) NFPA 70, National Electrical Code, 2008, IBR approved for Sec. 
154.812.
    (h) Oil Companies International Marine Forum (OCIMF), 29 Queen 
Anne's Gate, London, SW1H 9BU, England,

[[Page 278]]

+44-0-20-7654-1200, http://www.ocimf.com/:
    (1) International Safety Guide for Oil Tankers and Terminals, 
Section 6.10, Fourth Ed., 1996, IBR approved for Sec. 154.810.
    (2) International Safety Guide for Oil Tankers and Terminals, 
Sections 9.1, 9.2, 9.3 and 9.5, Fourth Ed., 1996, IBR approved for Sec. 
154.735.

[USCG-2001-8661, 74 FR 45022, Aug. 31, 2009, as amended at USCG-2010-
0351, 75 FR 36284, June 25, 2010]



Sec. 154.107  Alternatives.

    (a) The COTP may consider and approve alternative procedures, 
methods, or equipment standards to be used by a facility operator in 
lieu of any requirement in this part if:
    (1) Compliance with the requirement is economically or physically 
impractical;
    (2) The alternative provides an equivalent level of safety and 
protection from pollution by oil or hazardous material, which is 
documented in the request; and
    (3) The facility operator submits a written request for the 
alternative.
    (b) The COTP takes final approval or disapproval action on the 
request, 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 by CGD 86-034, 55 FR 
36252, Sept. 4, 1990; CGD 93-056, 61 FR 41458, Aug. 8, 1996]



Sec. 154.108  Exemptions.

    (a) The Assistant Commandant for Marine Safety, Security and 
Environmental Protection, acting for the Commandant, grants an exemption 
or partial exemption from compliance with any requirement in this part 
if:
    (1) A facility operator submits an application for the exemption via 
the COTP; and
    (2) It is determined, from the application, that:
    (i) Compliance with the requirement is economically or physically 
impractical;
    (ii) No alternative procedures, methods, or equipment standards 
exist that would provide an equivalent level of safety and protection 
from pollution by oil or hazardous material; and
    (iii) The likelihood of oil or hazardous material being discharged 
is not substantially increased as a result of the exemption.
    (b) If requested, the applicant must submit any appropriate 
information, including an environmental and economic assessment of the 
effects of and reasons for the exemption, and proposed procedures, 
methods or equipment standards.
    (c) The exemption may specify the procedures, methods, or equipment 
standards that will apply.
    (d) An exemption is granted or denied in writing. The decision of 
the Assistant Commandant for Marine Safety, Security and Environmental 
Protection is a final agency action.

[CGD 75-124, 45 FR 7169, Jan. 31, 1980, as amended by CGD 88-052, 53 FR 
25122, July 1, 1988; CGD 86-034, 55 FR 36252, Sept. 4, 1990; 55 FR 
49997, Dec. 4, 1990; CGD 96-026, 61 FR 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 part applies 
must submit a letter of intent to operate a facility or to conduct 
mobile facility operations to the COTP not less than 60 days before the 
intended operations unless a shorter period is allowed by the COTP. 
Previously submitted letters of intent need not be resubmitted.
    (b) The letter of intent required by paragraph (a) of this section 
may be in any form but must contain:
    (1) The names, addresses, and telephone numbers of the facility 
operator and the facility owner;
    (2) The name, address, and telephone number of the facility or, in 
the case of a mobile facility, the dispatching office; and
    (3) Except for a mobile facility, the geographical location of the 
facility in relation to the associated body of navigable waters.
    (c) The facility operator of any facility for which a letter of 
intent has been submitted, shall within five (5) days advise the COTP in 
writing of any

[[Page 279]]

changes of information and shall cancel, in writing, the letter for any 
facility at which transfer operations are no longer conducted.

[CGD 75-124, 45 FR 7169, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36252, Sept. 4, 1990; CGD 93-056, 61 FR 41458, Aug. 8, 1996]



Sec. 154.120  Facility examinations.

    (a) The facility operator shall allow the Coast Guard, at any time, 
to make any examination and shall perform, upon request, any test to 
determine compliance with this part and part 156, as applicable. The 
facility operator shall conduct all required testing of facility 
equipment in a manner acceptable to the Coast Guard.
    (b) The COTP shall provide the facility operator with a written 
report of the results of the examination for the record required by 
Sec. 154.740(e) and shall list the deficiencies in the report when the 
facility is not in compliance with the requirements in this part and 
part 156 of this chapter.

[CGD 75-124, 45 FR 7169, Jan. 31, 1980]



Sec. 154.T150  Temporary suspension of requirements to permit support of 

deepwater horizon spill response.

    (a) Applicability. This section applies to--
    (1) Any facility described in Sec. 154.100 of this part, that has 
contracted with any oil spill removal organization (OSRO), as defined in 
Sec. 154.1020 of this part, if the OSRO's response resources, as 
defined in Sec. 154.1020 of this part, are deployed in coordination 
with the On-Scene Coordinator (OSC), as defined in 40 CFR 300.5, in 
support of the response to the Deepwater Horizon Spill of National 
Significance; and
    (2) Any facility described in Sec. 154.100 of this part, that owns, 
operates, or has under its direct control, response resources, as 
defined in Sec. 154.1020 of this part, deployed in coordination with 
the OSC, as described in 40 CFR 300.5, in support of the response to the 
Deepwater Horizon Spill of National Significance.
    (b) Suspension of certain response time requirements. From June 30, 
2010 through December 31, 2010, the stipulated response times, including 
the response times contained in any written contractual agreement with 
any OSRO, for the availability of response resources, as defined in 
Sec. 154.1020 of this part, for a maximum most probable discharge and a 
worst case discharge are not necessary to meet the requirements of this 
part.
    (c) Other response time requirements still effective. Any response 
time requirements for the availability of response resources, as defined 
in Sec. 154.1020 of this part, for an average most probable discharge, 
as required by this part, remain in effect.
    (d) Armed Forces installation planning factors. The Coast Guard 
authorizes the Armed Forces to revise Armed Forces installation response 
times to below that which is necessary to respond to an average most 
probable discharge at those installations that have deployed assets in 
support of the response to the Deepwater Horizon Spill of National 
Significance in response to a request from the OSC, as described in 40 
CFR 300.5, for such assets.

    Effective Date Note: By USCG-2010-0592, 75 FR 37719, June 30, 2010, 
temporary Sec. 154.T150 was added, effective June 30, 2010 through Dec. 
31, 2010.



                       Subpart B_Operations Manual



Sec. 154.300  Operations manual: General.

    (a) The facility operator of each facility to which this part 
applies shall submit, with the letter of intent, two copies of an 
Operations Manual that:
    (1) Describes how the applicant meets the operating rules and 
equipment requirements prescribed by this part and part 156 of this 
chapter;
    (2) Describes the responsibilities of personnel under this part and 
part 156 of this chapter in conducting transfer operations; and
    (3) Includes translations into a language or languages understood by 
all designated persons in charge of transfer operations employed by the 
facility.
    (b) The facility operator shall maintain the operations manual so 
that it is:
    (1) Current; and
    (2) Readily available for examination by the COTP.
    (c) The COTP shall examine the Operations Manual when submitted, 
after

[[Page 280]]

any substantial amendment, and as otherwise required by the COTP.
    (d) In determining whether the manual meets the requirements of this 
part and part 156 of this chapter the COTP shall consider the size, 
complexity, and capability of the facility.
    (e) If the manual meets the requirements of this part and part 156 
of this chapter, the COTP will return one copy of the manual marked 
``Examined by the Coast Guard'' as described in Sec. 154.325.
    (f) The facility operator shall ensure that a sufficient number of 
copies of the examined Operations Manual, including a sufficient number 
of the translations required by paragraph (a)(3) of this section, are 
readily available for each facility person in charge while conducting a 
transfer operation.

    Note: The facility operator may request that the contents of the 
operations manual or portions thereof be considered commercial or 
financial information that is privileged or confidential. Under the 
Freedom of Information Act, the Coast Guard would withhold any part of 
the contents of the operations manual from public disclosure upon 
determining that it is commercial or financial information that is 
privileged or confidential.

[CGD 75-124, 45 FR 7169, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36253, Sept. 4, 1990; CGD 93-056, 61 FR 41458, Aug. 8, 1996]



Sec. 154.310  Operations manual: Contents.

    (a) Each operations manual required by Sec. 154.300 must contain:
    (1) The geographic location of the facility;
    (2) A physical description of the facility including a plan and/or 
plans, maps, drawings, aerial photographs or diagrams, showing the 
boundaries of the facility subject to Coast Guard jurisdiction, mooring 
areas, transfer locations, control stations, wharfs, the extent and 
scope of the piping subject to the tests required by Sec. 156.170(c)(4) 
of this chapter, and the locations of safety equipment. For mobile 
facilities, a physical description of the facility;
    (3) The hours of operation of the facility;
    (4) The sizes, types, and number of vessels that the facility can 
transfer 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 of annex II of 
MARPOL 73/78, Table 30.25-1 of 46 CFR 30.25-1, Table 151.05 of 46 CFR 
151.05-1, or Table 1 of 46 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 or leaks, or 
if a person is exposed to the cargo; and
    (g) A list of fire fighting procedures and extinguishing agents 
effective with fires involving the cargo.
    (6) The minimum number of persons on duty during transfer operations 
and their duties;
    (7) The name and telephone number of the qualified individual 
identified under Sec. 154.1026 of this part and the title and/or 
position and telephone number of the Coast Guard, State, local, and 
other personnel who may be called by the employees of the facility in an 
emergency;
    (8) The duties of watchmen, required by Sec. 155.810 of this 
chapter and 46 CFR 35.05-15, for unmanned vessels moored at the 
facility;
    (9) A description of each communication system required by this 
part;
    (10) The location and facilities of each personnel shelter, if any;
    (11) A description and instructions for the use of drip and 
discharge collection and vessel slop reception facilities, if any;
    (12) A description and the location of each emergency shutdown 
system;
    (13) Quantity, types, locations, and instructions for use of 
monitoring devices if required by Sec. 154.525;
    (14) Quantity, type, location, instructions for use, and time limits 
for gaining access to the containment equipment required by Sec. 
154.545;
    (15) Quantity, type, location, and instructions for use of fire 
extinguishing equipment required by Sec. 154.735(d) of this part;
    (16) The maximum allowable working pressure (MAWP) of each loading 
arm,

[[Page 281]]

transfer pipe system, and hose assembly required to be tested by Sec. 
156.170 of this chapter, including the maximum relief valve setting (or 
maximum system pressure when relief valves are not provided) for each 
transfer system;
    (17) Procedures for:
    (i) Operating each loading arm including the limitations of each 
loading arm;
    (ii) Transferring oil or hazardous material;
    (iii) Completion of pumping; and
    (iv) Emergencies;
    (18) Procedures for reporting and initial containment of oil or 
hazardous material discharges;
    (19) A brief summary of applicable Federal, state, and local oil or 
hazardous material pollution laws and regulations;
    (20) Procedures for shielding portable lighting authorized by the 
COTP under Sec. 154.570(c); and
    (21) A description of the training and qualification program for 
persons in charge.
    (22) Statements explaining that each hazardous materials transfer 
hose is marked with either the name of each product which may be 
transferred through the hose or with letters, numbers, symbols, color 
codes or other system acceptable to the COTP representing all such 
products and the location in the Operations Manual where a chart or list 
of symbols utilized is located and a list of the compatible products 
which may be transferred through the hose can be found for consultation 
before each transfer; and
    (23) For facilities that conduct tank cleaning or stripping 
operations, a description of their procedures.
    (b) lf a facility collects vapors emitted from vessel cargo tanks 
for recovery, destruction, or dispersion, the operations manual must 
contain a description of the vapor collection system at the facility 
which includes:
    (1) A line diagram or simplified piping and instrumentation diagram 
(P&ID) of the facility's vapor control system piping, including the 
location of each valve, control device, pressure-vacuum relief valve, 
pressure indicator, flame arrester, and detonation arrester; and
    (2) A description of the vapor control system's design and operation 
including the:
    (i) Vapor line connection;
    (ii) Startup and shutdown procedures;
    (iii) Steady state operating procedures;
    (iv) Provisions for dealing with pyrophoric sulfide (for facilities 
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 each amendment 
to the operations manual under Sec. 154.320 in each copy of the manual 
with the related existing requirement, or add the amendment at the end 
of each manual if not related to an existing requirement.
    (d) The operations manual must be written in the order specified in 
paragraph (a) of this section, or contain a cross-referenced index page 
in that order.

(Approved by the Office of Management and Budget under control number 
1625-0093)

[CGD 75-124, 45 FR 7171, Jan. 31, 1980, as amended by CGD 88-102, 55 FR 
25428, June 21, 1990; CGD 86-034, 55 FR 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 the 
facility operator to amend the operations manual if the COTP finds that 
the operations manual does not meet the requirements in this part:
    (1) The COTP will notify the facility operator in writing of any 
inadequacies in the Operations Manual. The facility operator may submit 
written information, views, and arguments regarding the inadequacies 
identified, and proposals for amending the Manual, within 45 days from 
the date of the COTP notice. After considering all relevant material 
presented, the COTP shall notify the facility operator of any amendment 
required or adopted, or the COTP shall rescind the notice. The amendment 
becomes effective 60 days after

[[Page 282]]

the facility operator receives the notice, unless the facility operator 
petitions the Commandant to review the COTP's notice, in which case its 
effective date is delayed pending a decision by the Commandant. 
Petitions to the Commandant must be submitted in writing via the COTP 
who issued the requirement to amend the Operations Manual.
    (2) If the COTP finds that there is a condition requiring immediate 
action to prevent the discharge or risk of discharge of oil or hazardous 
material that makes the procedure in paragraph (a)(1) of this section 
impractical or contrary to the public interest, the COTP may issue an 
amendment effective on the date the facility operator receives notice of 
it. In such a case, the COTP shall include a brief statement of the 
reasons for the findings in the notice. The owner or operator may 
petition the Commandant to review the amendment, but the petition does 
not delay the amendment.
    (b) The facility operator may propose amendments to the operations 
manual by:
    (1) Submitting any proposed amendment and reasons for the amendment 
to the COTP not less than 30 days before the requested effective date of 
the proposed amendment; or
    (2) If an immediate amendment is needed, requesting the COTP to 
approve the amendment immediately.
    (c) The COTP shall respond to proposed amendments submitted under 
paragraph (b) of this section by:
    (1) Approving or disapproving the proposed amendments;
    (2) Advising the facility operator whether the request is approved, 
in writing, before the requested date of the amendments;
    (3) Including any reasons in the written response if the request is 
disapproved; and
    (4) If the request is made under paragraph (b)(2) of this section 
immediately approving or rejecting the request.
    (d) Amendments to personnel and telephone number lists required by 
Sec. 154.310(a)(7) of this part do not require examination by the COTP, 
but the COTP must be advised of such amendments as they occur.

[CGD 75-124, 45 FR 7171, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36253, Sept. 4, 1990; CGD 93-056, 61 FR 41459, Aug. 8, 1996]



Sec. 154.325  Operations manual: Procedures for examination.

    (a) The operator of a facility shall submit two copies of the 
Operations Manual to the Captain of the Port of the zone in which the 
facility is located.
    (b) Not less than 60 days prior to any transfer operation, the 
operator of a new facility shall submit, with the letter of intent, two 
copies of the Operations Manual to the Captain of the Port of the zone 
in which the facility is located.
    (c) After a facility is removed from caretaker status, not less than 
30 days prior to any transfer operation the operator of that facility 
shall submit two copies of the Operations Manual to the COTP of the zone 
in which the facility is located unless the manual has been previously 
examined and no changes have been made since the examination.
    (d) If the COTP finds that the Operations Manual meets the 
requirements of this part and part 156 of this chapter, the COTP will 
return one copy of the manual to the operator marked ``Examined by the 
Coast Guard''.
    (e) If the COTP finds that the Operations Manual does not meet the 
requirements of this part and/or part 156 of this chapter, the COTP will 
return the manuals with an explanation of why it does not meet the 
requirements of this chapter.
    (f) No person may use any Operations Manual for transfer operations 
as required by this chapter unless the Operations Manual has been 
examined by the COTP.
    (g) The Operations Manual is voided if the facility operator--
    (1) Amends the Operations Manual without following the procedures in 
Sec. 154.320 of this part;
    (2) Fails to amend the Operations Manual when required by the COTP; 
or
    (3) Notifies the COTP in writing that the facility will be placed in 
caretaker status.

[CGD 93-056, 61 FR 41459, Aug. 8, 1996]

[[Page 283]]



                    Subpart C_Equipment Requirements



Sec. 154.500  Hose assemblies.

    Each hose assembly used for transferring oil or hazardous material 
must meet the following requirements:
    (a) The minimum design burst pressure for each hose assembly must be 
at least four times the sum of the pressure of the relief valve setting 
(or four times the maximum pump pressure when no relief valve is 
installed) plus the static head pressure of the transfer system, at the 
point where the hose is installed.
    (b) The maximum allowable working pressure (MAWP) for each hose 
assembly must be more than the sum of the pressure of the relief valve 
setting (or the maximum pump pressure when no relief valve is installed) 
plus the static head pressure of the transfer system, at the point where 
the hose is installed.
    (c) Each nonmetallic hose must be usable for oil or hazardous 
material service.
    (d) Each hose assembly must either have:
    (1) Full threaded connections;
    (2) Flanges that meet ANSI B16.5 or B16.24 (both incorporated by 
reference; see Sec. 154.106); or
    (3) Quick-disconnect couplings that meet ASTM F 1122 (incorporated 
by 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 ``HAZMAT SERVICE--SEE LIST'' 
followed immediately by a letter, number or other symbol that 
corresponds to a list or chart contained in the facility's operations 
manual or the vessel's transfer procedure documents which identifies the 
products that may be transferred through a hose bearing that symbol.
    (f) Each hose also must be marked with the following, except that 
the information required by paragraphs (f)(2) and (3) of this section 
need not be marked on the hose if it is recorded in the hose records of 
the vessel or facility, and the hose is marked to identify it with that 
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 test 
required by Sec. 156.170 of this chapter must not be marked on the hose 
and must be recorded elsewhere at the facility as described in paragraph 
(f) of this section.
    (h) Each hose used to transfer fuel to a vessel that has a fill pipe 
for which containment can not practically be provided must be equipped 
with an automatic back pressure shutoff nozzle.

[CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36253, Sept. 4, 1990; CGD 88-032, 56 FR 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; USCG-2001-8661, 74 FR 45022, 
Aug. 31, 2009]



Sec. 154.510  Loading arms.

    (a) Each mechanical loading arm used for transferring oil or 
hazardous material and placed into service after June 30, 1973, must 
meet the design, fabrication, material, inspection, and testing 
requirements in ANSI B31.3 (incorporated by reference; see Sec. 
154.106).
    (b) The manufacturer's certification that the standard in paragraph 
(a) of this section has been met must be permanently marked on the 
loading arm or recorded elsewhere at the facility with the loading arm 
marked to identify it with that information.
    (c) Each mechanical loading arm used for transferring oil or 
hazardous material must have a means of being drained or closed before 
being disconnected after transfer operations are completed.

[CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36253, Sept. 4, 1990; USCG-2001-8661, 74 FR 45022, Aug. 31, 2009]



Sec. 154.520  Closure devices.

    (a) Except as provided in paragraph (b) of this section, each 
facility to which this part applies must have enough butterfly valves, 
wafer-type resilient seated valves, blank flanges, or

[[Page 284]]

other means acceptable to the COTP to blank off the ends of each hose or 
loading arm that is not connected for the transfer of oil or hazardous 
material. Such hoses and/or loading arms must be blanked off during the 
transfer of oil or hazardous material. A suitable material in the joints 
and couplings shall be installed on each end of the hose assembly 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 is gas 
free, is exempt from the requirements of paragraph (a) of this section.

[CGD 93-056, 61 FR 41459, Aug. 8, 1996]



Sec. 154.525  Monitoring devices.

    The COTP may require the facility to install monitoring devices if 
the installation of monitoring devices at the facility would 
significantly limit the size of a discharge of oil or hazardous material 
and either:
    (a) The environmental sensitivity of the area requires added 
protection;
    (b) The products transferred at the facility pose a significant 
threat to the environment; or
    (c) The size or complexity of the transfer operation poses a 
significant potential for a discharge of oil or hazardous material.

[CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended by CGD 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 this 
section, each facility to which this part applies must have fixed 
catchments, curbing, or other fixed means to contain oil or hazardous 
material discharged in at least--
    (1) Each hose handling and loading arm area (that area on the 
facility that is within the area traversed by the free end of the hose 
or loading arm when moved from its normal stowed or idle position into a 
position for connection);
    (2) Each hose connection manifold area; and
    (3) Under each hose connection that will be coupled or uncoupled as 
part of the transfer operation during coupling, uncoupling, and 
transfer.
    (b) The discharge containment means required by paragraph (a) of 
this section must have a capacity of at least:
    (1) Two barrels if it serves one or more hoses of 6-inch inside 
diameter or smaller, or loading arms of 6-inch nominal pipe size 
diameter or smaller;
    (2) Three barrels if it serves one or more hoses with an inside 
diameter of more than 6-inches, but less than 12 inches, or loading arms 
with a nominal pipe size diameter of more than 6 inches, but less than 
12 inches; or
    (3) Four barrels if it serves one or more hoses of 12-inch inside 
diameter or larger, or loading arms of 12-inch nominal pipe size 
diameter 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 this 
section for part or all of the facility if the COTP finds that fixed 
means to contain oil or hazardous material discharges are not feasible.
    (d) A mobile facility may have portable means of not less than five 
gallons capacity to meet the requirements of paragraph (a) of this 
section.
    (e) Fixed or portable containment may be used to meet the 
requirements of paragraph (a)(3) of this section.

[CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36253, Sept. 4, 1990; CGD 93-056, 61 FR 41460, Aug. 8, 1996]



Sec. 154.540  Discharge removal.

    Each facility to which this part applies must have a means to safely 
remove discharged oil or hazardous material, within one hour of 
completion of the transfer, from the containment required by Sec. 
154.530 of this part without discharging the oil or hazardous 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 containment 
material and equipment to contain any oil or hazardous material 
discharged on the water from operations at that facility.
    (b) For the purpose of this section, ``access'' may be by direct 
ownership, joint ownership, cooperative venture, or contractual 
agreement.

[[Page 285]]

    (c) Each facility must establish time limits, subject to approval by 
the COTP, for deployment of the containment material and equipment 
required by paragraph (a) of this section considering:
    (1) Oil or hazardous material handling rates;
    (2) Oil or hazardous material capacity susceptible to being spilled;
    (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 vessel 
conducting an oil or hazardous material transfer operation with 
containment material before commencing a transfer operation if--
    (1) The environmental sensitivity of the area requires the added 
protection;
    (2) The products transferred at the facility pose a significant 
threat 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 a 
significant potential for a discharge of oil or hazardous material; and
    (5) The use of vessel containment provides the only practical means 
to reduce the extent of environmental damage.
    (e) Equipment and procedures maintained to satisfy the provisions of 
this chapter may be utilized in the planning requirements of subpart F 
and subpart H of this part.

[CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36253, Sept. 4, 1990; CGD 93-056, 61 FR 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 person 
in charge of the transfer on board the vessel, at that person's usual 
operating station, to stop the flow of oil or hazardous material from 
the facility to the vessel. The means must be--
    (1) An electrical, pneumatic, or mechanical linkage to the facility; 
or
    (2) An electronic voice communications system continuously operated 
by a person on the facility who can stop the flow of oil or hazardous 
material immediately.
    (b) The point in the transfer system at which the emergency means 
stops the flow of oil or hazardous material on the facility must be 
located near the dock manifold connection to minimize the loss of oil or 
hazardous material in the event of the rupture or failure of the hose, 
loading arm, or manifold valve.
    (c) For oil transfers, the means used to stop the flow under 
paragraph (a) of this section must stop that flow within--
    (1) 60 seconds on any facility or portion of a facility that first 
transferred oil on or before November 1, 1980; and
    (2) 30 seconds on any facility that first transfers oil after 
November 1, 1980.
    (d) For hazardous material transfers, the means used to stop the 
flow under paragraph (a) of this section must stop that flow within--
    (1) 60 seconds on any facility or portion of a facility that first 
transferred hazardous material before October 4, 1990; and
    (2) 30 seconds on any facility that first transfers hazardous 
material 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 vessel transfer 
operation and the person in charge of the facility transfer operation.
    (b) Each facility must have a means, which may be the communications 
system itself, that enables a person on board a vessel or on the 
facility to effectively indicate the desire to use the means of 
communication required by paragraph (a) of this section.
    (c) The means required by paragraph (a) of this section must be 
usable and effective in all phases of the transfer operation and all 
conditions 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) of this 
section during the transfer of flammable

[[Page 286]]

or combustible liquids must be marked as intrinsically safe by the 
manufacturer of the device and certified as intrinsically safe by a 
national testing laboratory or other certification organization approved 
by the Commandant as defined in 46 CFR 111.105-11. As an alternative to 
the marking requirement, facility operators may maintain documentation 
at the facility certifying that the portable radio devices 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, for 
operations between sunset and sunrise, a facility must have fixed 
lighting that adequately illuminates:
    (1) Each transfer connection point on the facility;
    (2) Each transfer connection point in use on any barge moored at the 
facility to or from which oil or hazardous material is being 
transferred;
    (3) Each transfer operations work area on the facility; and
    (4) Each transfer operation work area on any barge moored at the 
facility to or from which oil or hazardous material is being 
transferred.
    (b) Where the illumination is apparently inadequate, the COTP may 
require verification by instrument of the levels of illumination. On a 
horizontal 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 authorize 
operations with an adequate level of illumination provided by the vessel 
or by portable means.
    (d) Lighting must be located or shielded so as not to mislead or 
otherwise interfere with navigation on the adjacent waterways.

[CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended by CGD 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 of this 
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 the 
services of a person, as person in charge of facility transfer 
operations unless:
    (a) The facility operator has designated that person as a person in 
charge;
    (b) The person has had at least 48 hours of experience in transfer 
operations at a facility in operations to which this part applies. The 
person also has enough experience at the facility for which 
qualification is desired to enable the facility operator to determine 
that the person's experience is adequate;
    (c) The person has completed a training and qualification program 
established by the facility operator and described in the Operations 
Manual in accordance with Sec. 154.310(a)(21), that provides the person 
with the knowledge and training necessary to properly operate the 
transfer equipment at the facility, perform the duties described in 
paragraph (d) of this section, follow the procedures required by this 
part, and fulfill the duties required of a person in charge during an 
emergency, except that the COTP may approve alternative experience and 
training requirements for new facilities; and
    (d) The facility operator must certify that each person in charge 
has 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 the operations 
manual;
    (4) Vessel transfer systems, in general;
    (5) Vessel transfer control systems, in general;
    (6) Each facility transfer control system to be used;

[[Page 287]]

    (7) Follow local discharge reporting procedures; and
    (8) Carry out the facility's response plan for discharge reporting 
and containment.
    (e) Training conducted to comply with the hazard communication 
programs required by the Occupational Safety and Health Administration 
(OSHA) of the Department of Labor (DOL) (29 CFR 1910.1200) or the 
Environmental Protection Agency (EPA) (40 CFR 311.1), or to meet the 
requirements of subpart F of this part may be used to satisfy the 
requirements in paragraphs (c) and (d) of this section, as long as the 
training addresses the requirements in paragraphs (c) and (d) of this 
section.

(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 by CGD 86-034, 55 
FR 36253, Sept. 4, 1990; CGD 93-056, 61 FR 41460, Aug. 8, 1996]



Sec. 154.730  Persons in charge: Evidence of designation.

    Each person in charge shall carry evidence of his designation as a 
person in charge when he is engaged in transfer operations unless such 
evidence 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 shall ensure 
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 parts 
170 through 179 are kept only in the quantities needed for the operation 
or maintenance of the facility and are stored in storage compartments.
    (c) Gasoline or other fuel is not stored on a pier, wharf, or other 
similar structure.
    (d) A sufficient number of fire extinguishers approved by an 
independent laboratory listed in 46 CFR 162.028-5 for fighting small, 
localized fires are in place throughout the facility and maintained in a 
ready condition.
    (e) The location of each hydrant, standpipe, hose station, fire 
extinguisher, and fire alarm box is conspicuously marked and readily 
accessible.
    (f) Each piece of protective equipment is ready to operate.
    (g) Signs indicating that smoking is prohibited are posted in areas 
where smoking is not permitted.
    (h) Trucks and other motor vehicles are operated or parked only in 
designated locations.
    (i) All rubbish is kept in receptacles.
    (j) All equipment with internal combustion engines used on the 
facility--
    (1) Does not constitute a fire hazard; and
    (2) Has a fire extinguisher attached that is approved by an 
independent laboratory listed in 46 CFR 162.028-5, unless such a fire 
extinguisher is readily accessible nearby on the facility.
    (k) Spark arresters are provided on chimneys or appliances which--
    (1) Use solid fuel; or
    (2) Are located where sparks constitute a hazard to nearby 
combustible material.
    (l) All welding or hot work conducted on or at the facility is the 
responsibility of the facility operator. The COTP may require that the 
operator of the facility notify the COTP before any welding or hot work 
operations are conducted. Any welding or hot work operations conducted 
on or at the facility must be conducted in accordance with NFPA 51B 
(incorporated by reference; see Sec. 154.106). The facility operator 
shall ensure that the following additional conditions or criteria are 
met:
    (1) Welding or hot work is prohibited during gas freeing operations, 
within 30.5 meters (100 feet) of bulk cargo operations involving 
flammable or combustible materials, within 30.5 meters (100 feet) of 
fueling operations, or within 30.5 meters (100 feet) of explosives 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 be 
stationed in the adjoining compartment.

[[Page 288]]

    (3) Personnel on fire watch shall have no other duties except to 
watch for the presence of fire and to prevent the development of 
hazardous conditions.
    (4) Flammable vapors, liquids or solids must first be completely 
removed from any container, pipe or transfer line subject to welding or 
hot work.
    (5) Tanks used for storage of flammable or combustible substances 
must 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 other 
hot work equipment shall be completely secured.
    (m) Heating equipment has sufficient clearance to prevent unsafe 
heating of nearby combustible material.
    (n) Automotive equipment having an internal combustion engine is not 
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 safe condition 
so as to prevent fires.
    (q) Electrical wiring and electrical equipment installed after 
October 4, 1990, meet NFPA 70.
    (r) Electrical equipment, fittings, and devices installed after 
October 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 the 
facility on vessels carrying oil residues or mixtures shall be conducted 
in accordance with sections 9.1, 9.2, 9.3, and 9.5 of the OCIMF 
International Safety Guide for Oil Tankers and Terminals (ISGOTT) 
(incorporated by reference; see Sec. 154.106), except that--
    (1) Prohibitions in ISGOTT against the use of recirculated wash 
water do not apply if the wash water is first processed to remove 
product residues;
    (2) The provision in ISGOTT section 9.2.10 concerning flushing the 
bottom of tanks after every discharge of leaded gasoline does not apply;
    (3) The provision in ISGOTT section 9.2.11 concerning that removal 
of sludge, scale, and sediment does not apply if personnel use breathing 
apparatus which protect them from the tank atmosphere; and
    (4) Upon the request of the facility owner or operator in accordance 
with Sec. 154.107, the COTP may approve the use of alternative 
standards to ISGOTT if the COTP determines that the alternative 
standards provide an equal level of protection to the ISGOTT standards.
    (t) Guards are stationed, or equivalent controls acceptable to the 
COTP are used to detect fires, report emergency conditions, and ensure 
that access to the marine transfer area is limited to--
    (1) Personnel who work at the facility including persons assigned 
for transfer operations, vessel personnel, and delivery and service 
personnel 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 that facility 
owners or operators may authorize smoking in designated areas if--
    (1) Smoking areas are designated in accordance with local ordinances 
and regulations;
    (2) Signs are conspicuously posted marking such authorized smoking 
areas; and
    (3) ``No Smoking'' signs are conspicuously posted elsewhere on the 
facility.
    (v) Warning signs shall be displayed on the facility at each 
shoreside entry to the dock or berth, without obstruction, at all times 
for fixed facilities and for mobile facilities during coupling, transfer 
operation, and uncoupling. The warning signs shall conform to 46 CFR 
151.45-2(e)(1) or 46 CFR 153.955.

[CGD 86-034, 55 FR 36253, Sept. 4, 1990, as amended by CGD 93-056, 61 FR 
41460, Aug. 8, 1996; USCG-2001-8661, 74 FR 45022, Aug. 31, 2009]

[[Page 289]]



Sec. 154.740  Records.

    Each facility operator shall maintain at the facility and make 
available for examination by the COTP:
    (a) A copy of the letter of intent for the facility;
    (b) The name of each person designated as a person in charge of 
transfer operations at the facility and certification that each person 
in charge has completed the training requirements of Sec. 154.710 of 
this part;
    (c) The date and result of the most recent test or examination of 
each item tested or examined under Sec. 156.170 of this chapter;
    (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 COTP 
within the last 3 years;
    (f) The Declaration of Inspection required by Sec. 156.150(f) of 
this chapter;
    (g) A record of all repairs made within the last three years 
involving any component of the facility's vapor control system required 
by subpart E of this part;
    (h) A record of all automatic shut downs of the facility's vapor 
control system within the last 3 years; and
    (i) Plans, calculations, and specifications of the facility's vapor 
control system certified under Sec. 154.804 of this part.
    (j) If they are not marked as such, documentation that the portable 
radio devices in use at the facility under Sec. 154.560 of this part 
are intrinsically safe.

(Approved by the Office of Management and Budget under control number 
1625-0060)

[CGD 75-124, 45 FR 7173, Jan. 31, 1980, as amended by CGD 88-102, 55 FR 
25429, June 21, 1990; CGD 86-034, 55 FR 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 the 
procedures in the operations manual prescribed by Sec. 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, this 
subpart applies to:
    (1) Each facility which collects vapors of crude oil, gasoline 
blends, or benzene emitted from vessel cargo tanks;
    (2) A vessel which is not a tank vessel that has a vapor processing 
unit located on board for recovery, destruction, or dispersion of crude 
oil, gasoline blends, or benzene vapors from a tank vessel; and
    (3) Certifying entities which review, inspect, test, and certify 
facility vapor control systems.
    (b) A facility which collects vapors of flammable or combustible 
cargoes other than crude oil, gasoline blends, or benzene, must meet the 
requirements prescribed by the Commandant (CG-522).
    (c) A facility with an existing Coast Guard approved vapor control 
system which was operating prior to July 23, 1990 is subject only to 
Sec. 154.850 of this subpart as long as it receives cargo vapor only 
from the specific vessels for which it was approved.
    (d) This subpart does not apply to the collection of vapors of 
liquefied flammable gases as defined in 46 CFR 30.10-39.
    (e) When a facility vapor control system which receives cargo vapor 
from a vessel is connected to a facility vapor control system that 
serves tank storage areas and other refinery processes, the specific 
requirements of this subpart apply between the vessel vapor connection 
and the point where the vapor control system connects to the facility's 
main vapor control system.

[CGD 88-102, 55 FR 25429, June 21, 1990, as amended by CGD 96-026, 61 FR 
33666, June 28, 1996; USCG-2010-0351, 75 FR 36284, June 25, 2010]



Sec. 154.802  Definitions.

    As used in this subpart:
    Certifying entity means an individual or organization accepted by 
the Commandant (CG-522) to review plans and

[[Page 290]]

calculations for vapor control system designs, and to conduct initial 
inspections and witness tests of vapor control system installations.
    Existing vapor control system means a vapor control system which was 
operating prior to July 23, 1990.
    Facility vapor connection means the point in a facility's vapor 
collection system where it connects to a vapor collection hose or the 
base of a vapor collection arm.
    Inerted means the oxygen content of the vapor space in a tank 
vessel's cargo tank is reduced to 8 percent by volume or less in 
accordance with the inert gas requirements of 46 CFR 32.53 or 46 CFR 
153.500.
    Liquid knockout vessel means a device to separate liquid from vapor.
    Maximum allowable transfer rate means the maximum volumetric rate at 
which a vessel may receive cargo or ballast.
    New vapor control system means a vapor control system which is not 
an existing vapor control system.
    Vapor balancing means the transfer of vapor displaced by incoming 
cargo from the tank of a vessel receiving cargo into a tank of the 
vessel or facility delivering cargo via a vapor collection system.
    Vapor collection system means an arrangement of piping and hoses 
used to collect vapor emitted from a vessel's cargo tanks and transport 
the vapor to a vapor processing unit.
    Vapor control system means an arrangement of piping and equipment 
used to control vapor emissions collected from a vessel, and includes 
the vapor collection system and the vapor processing unit.
    Vapor destruction unit means a vapor processing unit that destroys 
cargo vapor by a means such as incineration.
    Vapor dispersion system means a vapor processing unit which releases 
cargo vapor to the atmosphere through a venting system not located on 
the vessel being loaded or ballasted.
    Vapor processing unit means the components of a vapor control system 
that recovers, destroys, or disperses vapor collected from a vessel.
    Vapor recovery unit means a vapor processing unit that recovers 
cargo vapor by a non-destructive means such as lean oil absorbtion, 
carbon bed adsorption, or refrigeration.
    Vessel vapor connection means the point in a vessel's fixed vapor 
collection system where it connects to a vapor collection hose or arm.

[CGD 88-102, 55 FR 25429, June 21, 1990, as amended by CGD 96-026, 61 FR 
33666, June 28, 1996; USCG-2010-0351, 75 FR 36284, June 25, 2010]



Sec. 154.804  Review, certification, and initial inspection.

    (a) A new vapor control system installation must be certified by a 
certifying entity as meeting the requirements of this subpart prior to 
operating.
    (b) [Reserved]
    (c) An existing vapor control system installation that has been 
Coast Guard approved for operation with specific vessels must be 
certified by a certifying entity prior to receiving vapors from other 
vessels.
    (d) Plans and information submitted to the certifying entity must 
include a qualitative failure analysis. The analysis must demonstrate 
the following:
    (1) The vapor control system is designed to permit the system to 
continuously operate safely when receiving cargo vapors from tankships 
and barges over the full range of transfer rates expected at the 
facility;
    (2) The vapor control system is provided with the proper alarms and 
automatic control systems to prevent unsafe operation;
    (3) The vapor control system is equipped with sufficient automatic 
or passive devices to minimize damage to personnel, property, and the 
environment if an accident were to occur; and
    (4) If a quantitative failure analysis is also conducted, the level 
of safety attained is at least one order of magnitude greater than that 
calculated for operating without a vapor control system.
    Note: The American Institute of Chemical Engineers publication, 
``Guidelines for Hazard Evaluation Procedures'' may be used as guidance 
when preparing a qualitative failure analysis. Military Standard MIL-
STD-882B may be used as guidance when preparing a quantitative failure 
analysis.
    (e) The certifying entity must conduct all initial inspections and 
witness

[[Page 291]]

all tests required to demonstrate that the facility:
    (1) Conforms to certified plans and specifications;
    (2) Meets the requirements of this subpart; and
    (3) Is operating properly.
    (f) Upon receipt of written certification from the certifying entity 
that a facility's vapor control system complies with the requirements of 
this part the COTP shall endorse the letter of adequacy required by 
Sec. 154.325 of this part to indicate that the facility is acceptable 
for collecting vapors of crude oil, gasoline blends, benzene, or any 
other vapors for which it is certified.
    (g) Any design or configuration alteration involving a certified 
vapor control system must be reviewed by a certifying entity. After 
conducting any inspections and witnessing tests necessary to verify that 
the modified vapor control system meets the requirements of this 
subpart, the certifying entity must recertify the installation.
    (h) Certifications issued in accordance with this section and a copy 
of the plans, calculations, and specifications for the vapor control 
system must be maintained at the facility.
    (i) A certifying entity accepted under Sec. 154.806 of this subpart 
may not certify a facility vapor control system if it was involved in 
the design or installation of the system.

(Approved by the Office of Management and Budget under control number 
1625-0060)

[CGD 88-102, 55 FR 25429, June 21, 1990, as amended by USCG-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 a certifying 
entity must apply in writing to the Commandant (Stop 7363, Washington, 
DC 20593-7363). Each application must be signed and certified to be 
correct by the applicant or, if the applicant is an organization, by an 
authorized officer or official representative of the organization, and 
must include a letter of intent from a facility owner or operator to use 
the services of the individual or organization to certify a vapor 
control system installation. Any false statement or misrepresentation, 
or the knowing and willful concealment of a material fact may subject 
the 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 minimum qualifications, 
and be able to demonstrate these qualifications to the satisfaction of 
the Commandant (Stop 7363, Washington, DC 20593-7363):
    (1) The ability to review and evaluate design drawings and failure 
analyses;
    (2) A knowledge of the applicable regulations of this subpart, 
including the standards incorporated by reference in these regulations;
    (3) The ability to monitor and evaluate test procedures and results;
    (4) The ability to perform inspections and witness tests of bulk 
liquid cargo handling systems;
    (5) That it is not controlled by an owner or operator of a vessel or 
facility engaged in controlling vapor emissions; and
    (6) That it is not dependent upon Coast Guard acceptance under this 
section to remain in business.
    (c) Each application for acceptance must contain the following:
    (1) The name and address of the applicant, including subsidiaries 
and divisions if applicable;
    (2) A statement that the applicant is not controlled by an owner or 
operator of a vessel or facility engaged in controlling vapor emissions, 
or a full disclosure of any ownership or controlling interest held by 
such owners or operators;
    (3) A description of the experience and qualifications of the 
person(s) who would be reviewing or testing the systems;
    (4) A statement that the person(s) who would be reviewing or testing 
the systems is/are familiar with the regulations in this subpart; and
    (5) A statement that the Coast Guard may verify the information 
submitted in the application and may examine the person(s) who would be 
reviewing or testing the systems to determine their qualifications.

[[Page 292]]

    (d) The acceptance of a certifying entity may be terminated by the 
Commandant (Stop 7363, Washington, DC 20593-7363) if the entity fails to 
properly review, inspect, or test a system in accordance with this 
subpart.
    Note: A list of entities accepted to certify facility vapor control 
system installations is available from the Commandant (Stop 7363, 
Washington, DC 20593-7363).

(Approved by the Office of Management and Budget under control number 
1625-0060)

[CGD 88-102, 55 FR 25429, June 21, 1990, as amended by CGD 96-026, 61 FR 
33666, June 28, 1996; USCG-2006-25150, 71 FR 39210, July 12, 2006; USCG-
2010-0351, 75 FR 36284, June 25, 2010]



Sec. 154.808  Vapor control system, general.

    (a) A vapor control system design and installation must eliminate 
potential overfill hazards, overpressure and vacuum hazards, and sources 
of ignition to the maximum practical extent. Each remaining hazard 
source which is not eliminated must be specifically addressed in the 
protection system design and operational requirements.
    (b) Vapor collection system piping and fittings must be in 
accordance with ANSI B31.3 (incorporated by reference; see Sec. 
154.106) and designed for a maximum allowable working pressure of at 
least 150 psig. Valves and flanges must be in accordance with ANSI B16.5 
or B16.24 (both incorporated by reference; see Sec. 154.106), 150 pound 
class.
    (c) All electrical equipment used in a vapor control system must 
comply with NFPA 70.
    (d) Any pressure, flow, or concentration indication required by this 
part must provide a remote indicator on the facility where the cargo 
transfer and vapor control systems are controlled.
    (e) Any alarm condition specified in this part must activate an 
audible and visible alarm where the cargo transfer and vapor control 
systems are controlled.
    (f) The vapor control system must be separated or insulated from 
external heat sources to limit vapor control system piping surface 
temperature to not more than 177 [deg]C. (350 [deg]F.) during normal 
operation.
    (g) A means must be provided to eliminate any liquid condensate from 
the vapor collection system which carries over from the vessel or 
condenses 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 operated cargo 
vapor shutoff valve required by Sec. 154.810(a) of this subpart and 
shuts down any compressors or blowers prior to liquid carrying over from 
the vessel to the compressor or blower.
    (i) Vapor collection piping must be electrically grounded and 
electrically continuous.
    (j) If the facility handles inerted vapors of cargoes containing 
sulfur, provisions must be made to control heating from pyrophoric iron 
sulfide deposits in the vapor collection line.

[CGD 88-102, 55 FR 25429, June 21, 1990, as amended by USCG-2001-8661, 
74 FR 45023, Aug. 31, 2009]



Sec. 154.810  Vapor line connections.

    (a) A remotely operated cargo vapor shutoff valve must be installed 
in the vapor collection line between the facility vapor connection and 
the nearest point where any inerting, enriching, or diluting gas is 
introduced into the vapor collection line or where a detonation arrester 
is fitted. The valve must:
    (1) Close within thirty (30) seconds after detection of a shutdown 
condition 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 that the 
valve position can be readily determined from the valve handle or valve 
stem position; and
    (6) If the valve seat is fitted with resilient material, not allow 
appreciable leakage when the resilient material is damaged or destroyed.
    (b) Except when a vapor collection arm is used, the last 1.0 meter 
(3.3 feet)

[[Page 293]]

of vapor piping before the facility vapor connection must be:
    (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 50 millimeters (2 
inches) high.
    (c) Each facility vapor connection flange must have a permanently 
attached 0.5 inch diameter stud at least 1.0 inch long projecting 
outward from the flange face. The stud must be located at the top of the 
flange, midway between bolt holes, and in line with the bolt hole 
pattern.
    (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 without 
collapsing or constricting;
    (4) Be electrically continuous with a maximum resistance of ten 
thousand (10,000) ohms;
    (5) Have flanges with:
    (i) A bolt hole arrangement complying with the requirements for 150 
pound class ANSI B16.5 (incorporated by reference; see Sec. 154.106) 
flanges, and
    (ii) One or more 0.625 inch diameter holes in the flange located 
midway 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 vapor hose 
marked in accordance with paragraph (b) of this section.
    (e) Vapor hose handling equipment must be provided with hose saddles 
which provide adequate support to prevent kinking or collapse of hoses.
    (f) Fixed vapor collection arms must:
    (1) Meet the requirements of paragraphs (d)(1) through (d)(5) of 
this section;
    (2) Have the last 1.0 meter (3.3 feet) of the arm marked in 
accordance with paragraph (b) of this section.
    (g) The facility vapor connection must be electrically insulated 
from the vessel vapor connection in accordance with section 6.10 of the 
OCIMF International Safety Guide for Oil Tankers and Terminals 
(incorporated by reference; see Sec. 154.106).
    (h) A vapor collection system fitted with an enriching system that 
operates at a positive gauge pressure at the facility vapor connection 
must be fitted with:
    (1) A manual isolation valve between each facility vapor connection 
and the remotely operated cargo vapor shutoff valve required by 
paragraph (a) of this section; and
    (2) A means to prevent backflow of enriched vapor to the vessel's 
vapor collection system.

[CGD 88-102, 55 FR 25429, June 21, 1990, as amended by USCG-2001-8661, 
74 FR 45023, Aug. 31, 2009]



Sec. 154.812  Facility requirements for vessel liquid overfill protection.

    (a) Each facility which receives cargo vapor from a tank barge which 
is fitted with overfill protection in accordance with 46 CFR 39.20-9(a) 
as its only means of overfill protection must provide a 120 volt, 20 amp 
explosion proof receptacle which meets:
    (1) ANSI/NEMA WD6 (incorporated by reference; see Sec. 154.106);
    (2) NFPA 70, National Electrical Code, Articles 410-57 and 501-12; 
incorporated by reference; see Sec. 154.106); and
    (3) 46 CFR 111.105-9.
    (b) Each facility that receives cargo vapor from a tank barge fitted 
with an intrinsically safe cargo tank level sensor system complying with 
46 CFR 39.20-9(b) as its only means of overfill protection must have an 
overfill control panel on the dock capable of powering and receiving an 
alarm and shutdown signal from the cargo tank level sensor system that:
    (1) Closes the remotely operated cargo vapor shutoff valve required 
by Sec. 154.810(a) of this subpart and activates the emergency shutdown 
system required by Sec. 154.550 of this part when:
    (i) A tank overfill signal is received from the barge, or
    (ii) Electrical continuity of the cargo tank level sensor system is 
lost;
    (2) Activates an alarm which is audible and visible to barge 
personnel and facility personnel when a tank overfill signal, or an 
optional high level signal corresponding to a liquid level lower

[[Page 294]]

than the tank overfill sensor setting, is received from the barge;
    (3) Has a means to electrically and mechanically test the alarms and 
automatic shutdown systems prior to transferring cargo to or ballasting 
the tank barge;
    (4) Has suitable means, such as approved intrinsic safety barriers 
able to accept passive devices, to ensure that the overfill and optional 
alarm circuits on the barge side of the overfill control panel, 
including cabling, normally closed switches, and pin and sleeve 
connectors, are intrinsically safe;
    (5) Is labeled with the maximum allowable inductance and capacitance 
to be connected to the panel, as specified by the equipment 
manufacturer; and
    (6) Has a female connecting plug for the tank barge level sensor 
system with a 5 wire, 16 amp connector body meeting IEC 309-1/309-2 
(incorporated by reference; see Sec. 154.106) which is:
    (i) Configured with pins S2 and R1 for the tank overfill sensor 
circuit, pin G connected to the cabling shield, and pins N and T3 
reserved for an optional high level alarm connection;
    (ii) Labeled ``Connector for Barge Overflow Control System''; and
    (iii) Connected to the overfill control panel by a shielded flexible 
cable.

[CGD 88-102, 55 FR 25429, June 21, 1990, as amended by USCG-2001-8661, 
74 FR 45023, Aug. 31, 2009]



Sec. 154.814  Facility requirements for vessel vapor overpressure and vacuum 

protection.

    (a) A facility's vapor collection system must have the capacity for 
collecting cargo vapor at a rate of not less than 1.25 times the 
facility's maximum liquid transfer rate for cargo for which vapor 
collection is required plus any inerting, diluting, or enriching gas 
which may be added to the system, unless the vapor growth for turbulent 
loading of the most volatile liquid handled by the facility is less than 
25 percent.
    (b) A facility vapor collection system must maintain the pressure in 
a vessel's cargo tanks between 80 percent of the highest setting of any 
of the vessel's vacuum relief valves and 80 percent of the lowest 
setting 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 lowest setting 
of any of the vessel's pressure relief valves for an inerted tank 
vessel. The system must be capable of maintaining the pressure in the 
vessel's cargo tanks within this range at any cargo transfer rate less 
than or equal to the maximum transfer rate determined at the pre-
transfer conference required by Sec. 156.120(w) of this chapter.
    (c) The pressure measured at the facility vapor connection must be 
corrected for pressure drops across the vessel's vapor collection system 
and the vapor collection hose or arm.
    (d) A pressure sensing device must be provided which activates an 
alarm when the pressure at the facility vapor connection exceeds either 
the pressure corresponding to the upper pressure determined in paragraph 
(b) of this section or a lower pressure agreed upon at the pre-transfer 
conference required by Sec. 156.120(w) of this chapter.
    (e) A pressure sensing device must be provided which activates an 
alarm when the pressure at the facility vapor connection falls below 
either the pressure corresponding to the lower pressure determined in 
paragraph (b) of this section or a higher pressure agreed upon at the 
pre-transfer conference required by Sec. 156.120(w) of this chapter.
    (f) A pressure sensing device must be provided which activates the 
emergency shutdown system required by Sec. 154.550 of this part and 
closes the remotely operated cargo vapor shutoff valve required by Sec. 
154.810(a) of this subpart when the pressure at the facility vapor 
connection exceeds 2.0 psi, or a lower pressure agreed upon at the pre-
transfer conference required by Sec. 156.120(w) of this chapter. The 
sensing device must be independent of the device used to activate the 
alarm required by paragraph (d) of this section.
    (g) A pressure sensing device must be provided which closes the 
remotely operated cargo vapor shutoff valve required by Sec. 154.810(a) 
of this subpart when the vacuum at the facility vapor connection is more 
than 1.0 psi, or a lesser vacuum set at the pre-transfer conference 
required by Sec. 156.120(w) of this chapter. The sensing device must be 
independent of the device used to

[[Page 295]]

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 line between the 
facility vapor connection and the manual isolation valve, if required by 
Sec. 154.810(h) of this subpart, unless an interlock is provided which 
prevents operation of the system when the isolation valve is closed.
    (i) A pressure indicating device must be provided which indicates 
the pressure in the vapor collection line.
    (j) If a compressor, blower, or eductor capable of drawing more than 
1.0 psi vacuum is used to draw vapor from the vessel, a vacuum relief 
valve must be installed in the vapor collection line between the 
compressor, blower, or eductor and the facility vapor connection, which:
    (1) Relieves at a pressure such that the pressure in the vapor 
collection system at the facility vapor connection does not exceed 1.0 
psi vacuum;
    (2) Has a relieving capacity equal to or greater than the capacity 
of 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 with 
paragraph 1.5.1.3 of API 2000 (incorporated by reference; see Sec. 
154.106) with a flame screen fitted.
    (k) When a facility collects cargo vapor through an undersea 
pipeline from a vessel moored offshore, the vacuum relief valve may be 
set at a vacuum greater than 1.0 psi vacuum provided the pressure 
controls take into account the pressure drop across the vessel's vapor 
collection system, any vapor collection hoses, and the undersea pipeline 
as a function of the actual transfer rate.
    (l) If the pressure in the vapor collection system can exceed 2.0 
psig due to a malfunction in an inerting, enriching, or diluting system 
a pressure relief valve must:
    (1) Be installed between the point where inerting, enriching, or 
diluting gas is introduced into the vapor collection system and the 
facility vapor connection;
    (2) Relieve at a pressure such that the pressure in the vapor 
collection system at the facility vapor connection does not exceed 2.0 
psig;
    (3) Have a relieving capacity equal to or greater than the maximum 
capacity of the facility inerting, enriching, or diluting gas source;
    (4) If not designed to insure a minimum vapor discharge velocity of 
30 meters (98.4 ft.) per second, have a flame screen fitted at the 
discharge opening; and
    (5) Have been tested for relieving capacity in accordance with 
paragraph 1.5.1.3 of API 2000.
    (m) The relieving capacity test required by paragraph (l)(5) must be 
carried out with a flame screen fitted at the discharge opening if the 
pressure relief valve is not designed to insure a minimum vapor 
discharge velocity of 30 meters (98.4 ft.) per second.

[CGD 88-102, 55 FR 25429, June 21, 1990, as amended by USCG-1998-3799, 
63 FR 35531, June 30, 1998; USCG-2001-8661, 74 FR 45023, Aug. 31, 2009]



Sec. 154.820  Fire, explosion, and detonation protection.

    (a) A vapor control system with a single facility vapor connection 
that receives vapor only from a vessel with inerted cargo tanks and 
processes vapor with a vapor recovery unit must:
    (1) Be capable of inerting the vapor collection line in accordance 
with Sec. 154.824(a) of this subpart prior to receiving vapors from the 
vessel;
    (2) Have at least one oxygen analyzer that samples the vapor 
concentration continuously at a point not more than 6 meters (19.7 ft.) 
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 connection 
that receives vapor only from a vessel with inerted cargo tanks and 
processes 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 of Sec. 
154.824 of this subpart.

[[Page 296]]

    (c) A vapor control system with a single facility vapor connection 
that receives vapor from a vessel with cargo tanks that are not inerted 
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 the 
requirements of Sec. 154.824 of this subpart.
    (d) A vapor control system with a single facility vapor connection 
that receives vapor from a vessel with cargo tanks that are not inerted 
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
    (2) Have an inerting, enriching, or diluting system that meets the 
requirements of Sec. 154.824 of this subpart.
    (e) A vapor control system with multiple facility vapor connections 
that processes vapor with a vapor recovery unit must have a detonation 
arrester located not more than 6 meters (19.7 ft.) from each facility 
vapor connection.
    (f) A vapor control system with multiple facility vapor connections 
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 the 
requirements of Sec. 154.824 of this subpart.
    (g) A vapor control system that uses a vapor balancing system in 
which cargo vapor from a vessel is transferred through the facility 
vapor 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 tank 
containment area as close as practical to the vapor return connection of 
each facility storage tank; and
    (3) Have facility storage tank high level alarm systems and facility 
storage tank overfill control systems arranged to prevent cargo 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 is not 
isolated with a pressure-vacuum relief valve must have a flame arrester 
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 the 
device; and
    (2) Be acceptable to the Commandant (CG-522). A detonation arrester 
designed, built, and tested in accordance with appendix A of this part 
will be acceptable to the Commandant (G-MSO).
    (b) Each flame arrester required by this part must be acceptable to 
the Commandant (CG-522). A flame arrester designed, built, and tested in 
accordance with appendix B of this part will be acceptable to the 
Commandant (G-MSO).
    (c) Each flame screen required by this part must be either a single 
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 20 mesh, 
spaced not less than 12.7 millimeters (\1/2\ in.) or more than 38.1 
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; USCG-2010-0351, 75 FR 36284, June 25, 2010]



Sec. 154.824  Inerting, enriching, and diluting systems.

    (a) A vapor control system which uses inerting, enriching, or 
diluting gas must be capable of inerting, enriching, or diluting the 
vapor collection line prior to receiving cargo vapor.
    (b) Except as permitted by Sec. 154.820(a) of this subpart, a vapor 
control system which uses an inerting, enriching, or diluting system 
must be equipped with a gas injection and mixing arrangement located as 
close as practical but not more than 10 meters (32.8 ft.) from the 
facility vapor connection that ensures complete mixing of the gases

[[Page 297]]

within 20 pipe diameters of the injection point;
    (c) A vapor control system that uses an inerting or enriching system 
may not be operated at a vacuum after the injection point unless:
    (1) There are no sleeve-type pipe couplings, vacuum relief valves, 
or other devices which could allow air into the vapor collection system 
downstream of the injection point; or
    (2) An additional analyzer is used to monitor the downstream vapor 
concentration and a means is provided to inject additional inerting or 
enriching gas.
    (d) A vapor control system that uses analyzers to control the amount 
of inerting, enriching, or diluting gas injected into the vapor 
collection line must be equipped with at least 2 analyzers. The 
analyzers must be connected so that:
    (1) When oxygen analyzers are used, the higher oxygen concentration 
reading controls the inerting or enriching system and activates the 
alarm and automatic shutdown system required by paragraph (h), (j) or 
(k)(2) of this section;
    (2) When hydrocarbon analyzers are used, the lower hydrocarbon 
concentration reading controls the enriching system and activates the 
alarm and automatic shutdown system required by paragraph (i) or (k)(1) 
of this section; and
    (3) When hydrocarbon analyzers are used, the higher hydrocarbon 
concentration reading controls the diluting system and activates the 
alarm and automatic shutdown system required by paragraph (l) of this 
section.
    (e) A vapor control system that uses volumetric measurements to 
control the amount of inerting, enriching, or diluting gas injected into 
the vapor collection line must be equipped with at least one analyzer to 
activate the alarms and automatic shutdown systems required by this 
section.
    (f) Each oxygen or hydrocarbon analyzer required by this section 
must:
    (1) Be installed in accordance with API Recommended Practice 550 
(incorporated by reference; see Sec. 154.106);
    (2) Have a response time of not more than 30 seconds from the time 
the vapor is sampled; and
    (3) Sample the vapor concentration continuously not more than 30 
pipe 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 that 
the oxygen concentration throughout the vapor collection system is 
maintained below 8.0 percent by volume;
    (2) Activate an alarm when the oxygen concentration in the vapor 
collection line exceeds 8.0 percent by volume;
    (3) Close the remotely operated cargo vapor shutoff valve required 
by Sec. 154.810(a) of this part when the oxygen concentration in the 
vapor collection line exceeds 9.0 percent by volume; and
    (4) If a combustion device is used to produce the inert gas, have a 
hydraulic seal and non-return valve between the combustion device and 
the vapor collection line.
    (i) An enriching system must:
    (1) Supply sufficient compatible hydrocarbon vapor to the vapor 
stream to ensure that the hydrocarbon concentration throughout the vapor 
collection system is maintained above 170 percent by volume of the upper 
flammable limit;
    (2) Activate an alarm when the hydrocarbon concentration in the 
vapor collection line falls below 170 percent by volume of the upper 
flammable limit; and
    (3) Close the remotely operated cargo vapor shutoff valve required 
by Sec. 154.810(a) of this subpart when the hydrocarbon concentration 
in the vapor collection line falls below 150 percent by volume of the 
upper flammable limit.
    (j) Oxygen analyzers may be used in lieu of hydrocarbon analyzers in 
an enriching system at a facility that receives cargo vapor only from a 
vessel with non-inerted cargo tanks, provided that the analyzers:
    (1) Activate an alarm when the oxygen concentration in the vapor 
collection line exceeds 15.5 percent by volume; and
    (2) Close the remotely operated cargo vapor shutoff valve required 
by

[[Page 298]]

Sec. 154.810(a) of this subpart when the oxygen concentration in the 
vapor collection line exceeds 16.5 percent by volume.
    (k) An enriching system may be used in a vapor collection system 
that 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 alarm 
when the oxygen concentration in the vapor collection line exceeds 8 
percent by volume, and close the remotely operated cargo vapor shutoff 
valve required by Sec. 154.810(a) of this subpart when the oxygen 
concentration exceeds 9 percent by volume.
    (l) An air dilution system must:
    (1) Supply sufficient additional air to the vapor stream to ensure 
that the hydrocarbon concentration throughout the vapor collection 
system is maintained below 30 percent by volume of the lower flammable 
limit;
    (2) Activate an alarm when the hydrocarbon concentration in the 
vapor collection line exceeds 30 percent by volume of the lower 
flammable limit; and
    (3) Close the remotely operated cargo vapor shutoff valve required 
by Sec. 154.810(a) of this subpart when the hydrocarbon concentration 
in the vapor collection line exceeds 50 percent by volume of the lower 
flammable limit.

[CGD 88-102, 55 FR 25429, June 21, 1990; 55 FR 39270, Sept. 26, 1990, as 
amended by USCG-2001-8661, 74 FR 45023, Aug. 31, 2009]



Sec. 154.826  Vapor compressors and blowers.

    (a) Each inlet and outlet to a compressor or blower which handles 
vapor that has not been inerted, enriched, or diluted in accordance with 
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 
(CG-522).
    (b) If a reciprocating or screw-type compressor handles vapor in the 
vapor collection system, it must be provided with indicators and audible 
and visible alarms to warn against the following conditions:
    (1) Excessive discharge gas temperature at each compressor chamber 
or 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 vapor 
collection system, it must be provided with indicators and audible and 
visible 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 vapor 
in the vapor collection system, construction of the blades and/or 
housing 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 design tip 
clearance; or
    (5) Blades of aluminum or magnesium alloy and a ferrous housing with 
a nonferrous insert sleeve at the periphery of the impeller.

[CGD 88-102, 55 FR 25429, June 21, 1990, as amended by CGD 96-026, 61 FR 
33666, June 28, 1996; USCG-2010-0351, 75 FR 36284, June 25, 2010]



Sec. 154.828  Vapor recovery and vapor destruction units.

    (a) The inlet to a vapor recovery unit which receives cargo vapor 
that has not been inerted, enriched, or diluted

[[Page 299]]

in accordance with Sec. 154.824 of this subpart must be fitted with one 
of the following:
    (1) A detonation arrester;
    (2) A flame arrester; or
    (3) An explosion suppression system acceptable to the Commandant 
(CG-522).
    (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 vapor line.
    (c) A vapor destruction unit must:
    (1) Not be within 30 meters (98.8 ft.) of any tank vessel berth or 
mooring at the facility;
    (2) Have a flame arrester or detonation arrester fitted in the vapor 
line; and
    (3) Alarm and shut down when a flame is detected on the flame 
arrester or detonation arrester.
    (d) When a vapor destruction unit shuts down or has a flame-out 
condition the vapor destruction unit control system must:
    (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 required 
by Sec. 154.810(a) of this subpart.

[CGD 88-102, 55 FR 25429, June 21, 1990, as amended by CGD 96-026, 61 FR 
33666, June 28, 1996; USCG-2010-0351, 75 FR 36284, June 25, 2010]



Sec. 154.840  Personnel training.

    (a) A person in charge of a transfer operation utilizing a vapor 
control system must have completed a training program covering the 
particular system installed at the facility. Training must include 
drills or demonstrations using the installed vapor control system 
covering normal operations and emergency procedures.
    (b) The training program required by paragraph (a) of this section 
must 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 has its 
certificate of inspection or certificate of compliance endorsed in 
accordance with 46 CFR 39.10-13(e).
    (b) The following must be performed not more than 24 hours prior to 
each transfer operation:
    (1) All alarms and automatic shutdown systems required by this part 
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 for calibration by use of a span 
gas.
    (c) The position of all valves in the vapor line between the 
vessel's tanks and the facility vapor collection system must be verified 
prior to the start of the transfer operation.
    (d) A tank barge overfill control system that meets the requirements 
of 46 CFR 39.20-9(b) must not be connected to an overfill sensor circuit 
that exceeds the system's rated cable length, inductance, and 
capacitance.
    (e) When vapor is being received from a vessel with inerted cargo 
tanks, the remotely operated cargo vapor shutoff valve required by Sec. 
154.810(a) of this subpart must not be opened until the pressure at the 
facility vapor connection exceeds the pressure on the downstream side of 
the remotely operated cargo vapor shutoff valve.
    (f) The initial cargo transfer rate must not exceed the rate agreed 
upon at the pre-transfer conference required by Sec. 156.120(w) of this 
chapter and 46 CFR 39.30-1(h).
    (g) The cargo transfer rate must not exceed the maximum allowable 
transfer rate as determined by the lesser of the following:
    (1) A transfer rate corresponding to the maximum vapor processing 
rate for the vapor control system, as specified

[[Page 300]]

in the facility operations manual required by Sec. 154.300 of this 
chapter; or
    (2) The vessel's maximum transfer rate determined in accordance with 
46 CFR 39.30-1(d).
    (h) While transferring cargo to a vessel connected to a vapor 
control system, compressed air or gas may be used to clear cargo hoses 
and loading arms, but must not be used to clear cargo lines.
    (i) If one of the two analyzers required by Sec. 154.824(d) of this 
subpart becomes inoperable during a transfer operation, the operation 
may continue provided the remaining analyzer remains operational; 
however, no further transfer operations may be started until the 
inoperable analyzer is replaced or repaired.
    (j) Whenever a condition results in a shutdown of the vapor control 
system, the person in charge shall immediately terminate cargo loading.
    (k) If it is suspected that a flare in the vapor control system has 
had a flare-back, or if a flame is detected on the flame arrester 
required by Sec. 154.828(c)(2) of this subpart, the transfer operation 
must be stopped and not be restarted until the flame arrester has been 
inspected and found to be in satisfactory condition.



               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 for 
all marine transportation-related (MTR) facilities (hereafter also 
referred to as facilities) that could reasonably be expected to cause 
substantial harm or significant and substantial harm to the environment 
by discharing oil into or on the navigable waters, adjoining shorelines, 
or exclusive economic zone. The development of a response plan prepares 
the facility owner or operator to respond to an oil spill. These 
requirements specify criteria to be used during the planning process to 
determine the appropriate response resources. The specific criteria for 
response resources and their arrival times are not performance 
standards. The criteria are based on a set of assumptions that may not 
exist during an actual oil spill incident.



Sec. 154.1015  Applicability.

    (a) This subpart applies to all MTR facilities that because of their 
location could reasonably be expected to cause at least substantial harm 
to the environment by discharging oil into or on the navigable waters, 
adjoining shorelines, or exclusive economic zone.
    (b) The following MTR facilities that handle, store, or transport 
oil, in bulk, could reasonably be expected to cause substantial harm to 
the environment by discharging oil into or on the navigable waters or 
adjoining shorelines and are classified as substantial harm MTR 
facilities:
    (1) Fixed MTR onshore facilities capable of transferring oil to or 
from a vessel with a capacity of 250 barrels or more and deepwater 
ports;
    (2) Mobile MTR facilities used or intended to be used to transfer 
oil to or from a vessel with a capacity of 250 barrels or more; and
    (3) Those MTR facilities specifically designated as substantial harm 
facilities by the COTP under Sec. 154.1016.
    (c) The following MTR facilities that handle, store, or transport 
oil in bulk could not only reasonably be expected to cause substantial 
harm, but also significant and substantial harm, to the environment by 
discharging oil into or on the navigable waters, adjoining shorelines, 
or exclusive economic zone and are classified as significant and 
substantial harm MTR facilities:
    (1) Deepwater ports, and fixed MTR onshore facilities capable of 
transferring oil to or from a vessel with a capacity of 250 barrels or 
more except for facilities that are part of a non-transportation-related 
fixed onshore facility with a storage capacity of less than 42,000 
gallons; and
    (2) Those MTR facilities specifically designated as significant and 
substantial harm facilities by the COTP under Sec. 154.1016.
    (d) An MTR facility owner or operator who believes the facility is 
improperly classified may request review and reclassification in 
accordance with Sec. 154.1075.

[[Page 301]]



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 cause substantial harm to 
the environment; or
    (2) An MTR facility specified in Sec. 154.1015(b) to a facility 
that could reasonably be expected to cause significant and substantial 
harm to the environment.
    (b) The COTP may downgrade, the classification of:
    (1) An MTR facility specified in Sec. 154.1015(c) to a facility 
that could reasonably be expected to cause substantial harm to the 
environment; or
    (2) An MTR facility specified in Sec. 154.1015(b) to a facility 
that could not reasonably be expected to cause substantial, or 
significant and substantial harm to the environment.
    (3) The COTP will consider downgrading an MTR facility's 
classification only upon receiving a written request for a downgrade of 
classification from the facility's owner or operator.
    (c) When changing a facility classification the COTP may, as 
appropriate, consider all relevant factors including, but not limited 
to: Type and quantity of oils handled in bulk; facility spill history; 
age of facility; proximity to public and commercial water supply 
intakes; proximity to navigable waters based on the definition of 
navigable waters in 33 CFR 2.36; and proximity to fish and wildlife and 
sensitive environments.

[CGD 91-036, 61 FR 7917, Feb. 29, 1996, as amended by USCG-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 in 
Sec. 154.1015(b), or designated by the COTP as a substantial harm 
facility, shall prepare and submit to the cognizant COTP a response plan 
that meets the requirements of Sec. Sec. 154.1030, 154.1040, 154.1045, 
or Sec. 154.1047, as appropriate. This applies to:
    (1) A mobile MTR facility used or intended to be used to transfer 
oil to or from a vessel with a capacity of 250 barrels or more; and
    (2) A fixed MTR facility specifically designated as a substantial 
harm facility by the COTP under Sec. 154.1016.
    (b) The owner or operator of an MTR facility identified in Sec. 
154.1015(c) or designated by the COTP as a significant and substantial 
harm facility shall prepare and submit for review and approval of the 
cognizant COTP a response plan that meets the requirements of Sec. Sec. 
154.1030, 154.1035, 154.1045, or 154.1047, as appropriate. This applies 
to:
    (1) A fixed MTR facility capable of transferring oil, in bulk, to or 
from a vessel with a capacity of 250 barrels or more; and
    (2) An MTR facility specifically designated as a significant and 
substantial harm facility by the COTP under Sec. 154.1016.
    (c) In addition to the requirements in paragraphs (a) and (b) of 
this section, the response plan for a mobile MTR facility must meet the 
requirements of Sec. 154.1041 subpart F.



Sec. 154.1020  Definitions.

    Except as otherwise defined in this section, the definition in 33 
CFR 154.105 apply to this subpart and subparts H and I.
    Adverse weather means the weather conditions that will be considered 
when identifying response systems and equipment in a response plan for 
the applicable operating environment. Factors to consider include, but 
are not limited to, significant wave height as specified in Sec. Sec. 
154.1045, 154.1047, 154.1225, or 154.1325, as appropriate; ice 
conditions, temperatures, weather-related visibility, and currents 
within the COTP zone in which the systems or equipment are intended to 
function.
    Animal fat means a non-petroleum oil, fat, or grease derived from 
animals, and not specifically identified elsewhere in this part.
    Average most probable discharge means a discharge of the lesser of 
50 barrels or 1 percent of the volume of the worst case discharge.
    Captain of the Port (COTP) Zone means a zone specified in 33 CFR 
part 3 and, where applicable, the seaward extension of that zone to the 
outer

[[Page 302]]

boundary of the exclusive economic zone (EEZ).
    Complex means a facility possessing a combination of marine-
transportation related and non-transportation-related components that is 
subject to the jurisdiction of more than one Federal agency under 
section 311(j) of the Clean Water Act.
    Dispersant-application platform means the vessel or aircraft 
outfitted with the dispersant-application equipment acting as the 
delivery system for the dispersant onto the oil spill.
    Dispersant Mission Planner 2 or (DMP2) means an Internet-
downloadable application that estimates EDAC for different dispersant 
response systems. The NSFCC will use DPMP2 for evaluating OSRO 
dispersant classification levels.
    Effective Daily Application Capacity or EDAC means the estimated 
amount of dispersant that can be applied to a discharge by an 
application system given the availability of supporting dispersant 
stockpiles, when operated in accordance with approved standards and 
within acceptable environmental conditions.
    Exclusive economic zone (EEZ) means the zone contiguous to the 
territorial sea of the United States extending to a distance up to 200 
nautical miles from the baseline from which the breadth of the 
territorial sea is measured.
    Facility that could reasonably be expected to cause significant and 
substantial harm means any MTR facility (including piping and any 
structures that are used for the transfer of oil between a vessel and a 
facility) classified as a ``significant and substantial harm'' facility 
under Sec. 154.1015(c) and Sec. 154.1216.
    Facility that could reasonably be expected to cause substantial harm 
means any MTR facility classified as a ``substantial harm'' facility 
under Sec. 154.1015(b) and Sec. 154.1216.
    Fish and Wildlife and Sensitive Environment means areas that may be 
identified by either their legal designation or by Area Committees in 
the applicable Area Contingency Plan (ACP) (for planning) or by members 
of the Federal On-Scene Coordinator's spill response structure (during 
responses). These areas may include: Wetlands, national and state parks, 
critical habitats for endangered or threatened species, wilderness and 
natural resource areas, marine sanctuaries and estuarine reserves, 
conservation areas, preserves, wildlife areas, wildlife refuges, wild 
and scenic rivers, areas of economic importance, recreational areas, 
national forests, Federal and state lands that are research areas, 
heritage program areas, land trust areas, and historical and 
archaeological sites and parks. These areas may also include unique 
habitats such as: aquaculture sites and agricultural surface water 
intakes, bird nesting areas, critical biological resource areas, 
designated migratory routes, and designated seasonal habitats.
    Great Lakes means Lakes Superior, Michigan, Huron, Erie, and 
Ontario, their connecting and tributary waters, the Saint Lawrence River 
as far as Saint Regis, and adjacent port areas.
    Gulf Coast means, for the purposes of dispersant-application 
requirements, the region encompassing the following Captain of the Port 
Zones:
    (1) Corpus Christi, TX.
    (2) Houston/Galveston, TX.
    (3) Port Arthur, TX.
    (4) Morgan City, LA.
    (5) New Orleans, LA.
    (6) Mobile, AL.
    (7) St. Petersburg, FL.
    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, and Suisun 
Bay to Antioch, CA.
    (14) Straits of Juan De Fuca from Port Angeles, WA, to and including 
Puget Sound, WA.

[[Page 303]]

    (15) Prince William Sound, AK.
    Inland area means the area shoreward of the boundary lines defined 
in 46 CFR part 7, except in the Gulf of Mexico. In the Gulf of Mexico, 
it means the area shoreward of the lines of demarcation (COLREG lines) 
defined in Sec. Sec. 80.740 through 80.850 of this chapter. The inland 
area does not include the Great Lakes.
    Marine transportation-related facility (MTR facility) means any 
onshore facility or segment of a complex regulated under section 311(j) 
of the Federal Water Pollution Control Act (FWPCA) by two or more 
Federal agencies, including piping and any structure used or intended to 
be used to transfer oil to or from a vessel, subject to regulation under 
this part and any deepwater port subject to regulation under part 150 of 
this chapter. For a facility or segment of a complex regulated by two or 
more Federal agencies under section 311(j) of the FWPCA, the MTR portion 
of the complex extends from the facility oil transfer system's 
connection with the vessel to the first valve inside the secondary 
containment surrounding tanks in the non-transportation-related portion 
of the facility or, in the absence of secondary containment, to the 
valve or manifold adjacent to the tanks comprising the non-
transportation-related portion of the facility, unless another location 
has otherwise been agreed to by the COTP and the appropriate Federal 
official.
    Maximum extent practicable means the planned capability to respond 
to a worst case discharge in adverse weather, as contained in a response 
plan that meets the criteria in this subpart or in a specific plan 
approved by the cognizant COTP.
    Maximum most probable discharge means a discharge of the lesser of 
1,200 barrels or 10 percent of the volume of a worst case discharge.
    Nearshore area means the area extending seaward 12 miles from the 
boundary lines defined in 46 CFR part 7, except in the Gulf of Mexico. 
In the Gulf of Mexico, it means the area extending seaward 12 miles from 
the line of demarcation (COLREG lines) defined in Sec. Sec. 80.740-
80.850 of this chapter.
    Non-persistent or Group I oil means a petroleum-based oil that, at 
the time of shipment, consists of hydrocarbon fractions--
    (1) At least 50 percent of which by volume, distill at a temperature 
of 340 degrees C (645 degrees F); and
    (2) At least 95 percent of which by volume, distill at a temperature 
of 370 degrees C (700 degrees F).
    Ocean means the offshore area and nearshore area as defined in this 
subpart.
    Offshore area means the area beyond 12 nautical miles measured from 
the boundary lines defined in 46 CFR part 7 extending seaward to 50 
nautical miles, except in the Gulf of Mexico. In the Gulf of Mexico, it 
is the area beyond 12 nautical miles of the line of demarcation (COLREG 
lines) defined in Sec. Sec. 80.740-80.850 of this chapter extending 
seaward to 50 nautical miles.
    Oil means oil of any kind or in any form, including, but not limited 
to, petroleum, fuel oil, sludge, oil refuse, oil mixed with wastes other 
than dredge spoil.
    Oil spill removal organization (OSRO) means an entity that provides 
response resources.
    On-Scene Coordinator (OSC) means the definition in the National Oil 
and Hazardous Substances Pollution Contingency Plan (40 CFR part 300).
    Operating area means Rivers and Canals, Inland, Nearshore, Great 
Lakes, or Offshore geographic location(s) in which a facility is 
handling, storing, or transporting oil.
    Operating environment means Rivers and Canals, Inland, Great Lakes, 
or Ocean. These terms are used to define the conditions in which 
response equipment is designed to function.
    Operating in compliance with the plan means operating in compliance 
with the provisions of this subpart including, ensuring the availability 
of the response resources by contract or other approved means, and 
conducting the necessary training and drills.
    Operational effectiveness monitoring means monitoring concerned 
primarily with determining whether the dispersant was properly applied 
and how the dispersant is affecting the oil.
    Other non-petroleum oil means a non-petroleum oil of any kind that 
is not generally an animal fat or vegetable oil.

[[Page 304]]

    Persistent oil means a petroleum-based oil that does not meet the 
distillation criteria for a non-persistent oil. For the purposes of this 
subpart, persistent oils are further classified based on specific 
gravity as follows:
    (1) Group II--specific gravity of less than .85.
    (2) Group III--specific gravity equal to or greater than .85 and 
less than .95.
    (3) Group IV--specific gravity equal to or greater than .95 and less 
than or equal to 1.0.
    (4) Group V--specific gravity greater than 1.0.
    Pre-authorization for dispersant use means an agreement, adopted by 
a regional response team in coordination with area committees, which 
authorizes the use of dispersants at the discretion of the Federal On-
Scene Coordinator without the further approval of other Federal or State 
authorities. These pre-authorization areas are generally limited to 
particular geographic areas within each region.
    Primary dispersant staging site means a site designated within a 
Captain of the Port zone that has been identified as a forward staging 
area for dispersant application platforms and the loading of dispersant 
stockpiles. Primary staging sites are typically the planned locations 
where platforms load or reload dispersants before departing for 
application at the site of the discharge and may not be the locations 
where dispersant stockpiles are stored or application platforms are 
home-based.
    Qualified individual and alternate qualified individual means a 
person located in the United States who meets the requirements of Sec. 
154.1026.
    Response activities means the containment and removal of oil from 
the land, water, and shorelines, the temporary storage and disposal of 
recovered oil, or the taking of other actions as necessary to minimize 
or mitigate damage to the public health or welfare or the environment.
    Response resources means the personnel, equipment, supplies, and 
other capability necessary to perform the response activities identified 
in a response plan.
    Rivers and canals means a body of water confined within the inland 
area, including the Intracoastal Waterways and other waterways 
artificially created for navigation, that has a project depth of 12 feet 
or less.
    Specific gravity means the ratio of the mass of a given volume of 
liquid at 15 [deg]C (60 [deg]F) to the mass of an equal volume of pure 
water at the same temperature.
    Spill management team means the personnel identified to staff the 
organizational structure identified in a response plan to manage 
response plan implementation.
    Substantial threat of a discharge means any incident or condition 
involving a facility that may create a risk of discharge of oil. Such 
incidents include, but are not limited to storage tank or piping 
failures, above ground or underground leaks, fires, explosions, 
flooding, spills contained within the facility, or other similar 
occurrences.
    Tier means the combination of required response resources and the 
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 on 
calculating response resources. Sections 154.1045(f) and 154.1135, set 
forth the required times within which the response resources must arrive 
on-scene.]
    Vegetable oil means a non-petroleum oil or fat derived from plant 
seeds, nuts, kernels or fruits, and not specifically identified 
elsewhere in this part.
    Worst case discharge means in the case of an onshore facility and 
deepwater port, the largest foreseeable discharge in adverse weather 
conditions meeting the requirements of Sec. 154.1029.

[CGD 91-036, 61 FR 7917, Feb. 29, 1996, as amended by USCG-1999-5149, 65 
FR 40825, June 30, 2000; USCG-2001-8661, 74 FR 45023, Aug. 31, 2009]



Sec. 154.1025  Operating restrictions and interim operating authorization.

    (a) The owner or operator of an MTR facility who submitted a 
response plan prior to May 29, 1996, may elect to comply with any of the 
provisions of this final rule by revising the appropriate section of the 
previously submitted

[[Page 305]]

plan in accordance with Sec. 154.1065. An owner or operator of an MTR 
facility who elects to comply with all sections of this final rule must 
resubmit the plan in accordance with Sec. 154.1060 of this part.
    (b) No facility subject to this subpart may handle, store, or 
transport oil unless it is operating in full compliance with a submitted 
response plan. No facility categorized under Sec. 154.1015(c) as a 
significant and substantial harm facility may handle, store, or 
transport oil unless the submitted response plan has been approved by 
the COTP. The owner or operator of each new facility to which this 
subpart applies must submit a response plan meeting the requirements 
listed in Sec. 154.1017 not less than 60 days prior to handling, 
storing, or transporting oil. Where applicable, the response plan shall 
be submitted along with the letter of intent required under Sec. 
154.110.
    (c) Notwithstanding the requirements of paragraph (b) of this 
section, a facility categorized under Sec. 154.1015(c) as a significant 
and substantial harm facility may continue to handle, store, or 
transport oil for 2 years after the date of submission of a response 
plan, pending approval of that plan. To continue to handle, store, or 
transport oil without a plan approved by the COTP, the facility owner or 
operator shall certify in writing to the COTP that the owner or operator 
has ensured, by contract or other approved means as described in Sec. 
154.1028(a), the availability of the necessary private personnel and 
equipment to respond, to the maximum extend practicable to a worst case 
discharge or substantial threat of such a discharge from the facility. 
Provided that the COTP is satisfied with the certification of response 
resources provided by the owner or operator of the facility, the COTP 
will provide written authorization for the facility to handle, store, or 
transport oil while the submitted response plan is being reviewed. 
Pending approval of the submitted response plan, deficiencies noted by 
the COTP must be corrected in accordance with Sec. 154.1070.
    (d) A facility may not continue to handle, store, or transport oil 
if--
    (1) The COTP determines that the response resources identified in 
the facility certification statement or reference response plan do not 
substantially meet the requirements of this subpart;
    (2) The contracts or agreements cited in the facility's 
certification statement or referenced response plans are no longer 
valid;
    (3) The facility is not operating in compliance with the submitted 
plan;
    (4) The response plan has not been resubmitted or approved within 
the last 5 years; or
    (5) The period of the authorization under paragraph (c) of this 
section has expired.



Sec. 154.1026  Qualified individual and alternate qualified individual.

    (a) The response plan must identify a qualified individual and at 
least one alternate who meet the requirements of this section. The 
qualified individual or alternate must be available on a 24-hour basis 
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 response 
plan; and
    (4) Be trained in the responsibilities of the qualified individual 
under the response plan.
    (c) The owner or operator shall provide each qualified individual 
and alternate qualified individual identified in the plan with a 
document designating them as a qualified individual and specifying their 
full authority to:
    (1) Activate and engage in contracting with oil spill removal 
organization(s);
    (2) Act as a liaison with the predesignated Federal On-Scene 
Coordinator (OSC); and
    (3) Obligate funds required to carry out response activities.
    (d) The owner or operator of a facility may designate an 
organization to fulfill the role of the qualified individual and the 
alternate qualified individual. The organization must then identify a 
qualified individual and at least one alternate qualified individual who 
meet the requirements of this section. The facility owner or operator is 
required to list in the response plan the organization, the person 
identified as

[[Page 306]]

the qualified individual, and the person or person(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 or 
operator; or
    (2) Contracting or obligating funds for response resources beyond 
the authority contained in their designation from the owner or operator 
of the facility.
    (f) The liability of a qualified individual is considered to be in 
accordance with the provisions of 33 USC 1321(c)(4).



Sec. 154.1028  Methods of ensuring the availability of response resources by 

contract or other approved means.

    (a) When required in this subpart, the availability of response 
resources must be ensured by the following methods:
    (1) A written contractual agreement with an oil spill removal 
organization. The agreement must identify and ensure the availability of 
specified personnel and equipment required under this subpart within 
stipulated response times in the specified geographic areas;
    (2) Certification by the facility owner or operator that specified 
personnel and equipment required under this subpart are owned, operated, 
or under the direct control of the facility owner or operator, and are 
available within stipulated response times in the specified geographic 
areas;
    (3) Active membership in a local or regional oil spill removal 
organization that has identified specified personnel and equipment 
required under this subpart that are available to respond to a discharge 
within stipulated response times in the specified geographic areas;
    (4) A document which--
    (i) Identifies the personnel, equipment, and services capable of 
being provided by the oil spill removal organization within stipulated 
response times in the specified geographic areas;
    (ii) Sets out the parties' acknowledgment that the oil spill removal 
organization intends to commit the resources in the event of a response;
    (iii) Permits the Coast Guard to verify the availability of the 
identified 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 with 
specified equipment and personnel available within stipulated response 
times in specified geographic areas. The organization must provide 
written consent to being identified in the plan.
    (b) The contracts and documents required in paragraph (a) of this 
section must be retained at the facility and must be produced for review 
upon request by the COTP.



Sec. 154.1029  Worst case discharge.

    (a) The response plan must use the appropriate criteria in this 
section 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 out tank(s) needed for the continuous operation of the 
pipelines used for the purposes of handling or transporting oil, in 
bulk, to or from a vessel regardless of the presence of secondary 
containment; plus
    (2) The discharge from all piping carrying oil between the marine 
transfer manifold and the non-transportation-related portion of the 
facility. The discharge from each pipe is calculated as follows: The 
maximum time to discover the release from the pipe in hours, plus the 
maximum time to shut down flow from the pipe in hours (based on historic 
discharge data or the best estimate in the absence of historic discharge 
data for the facility) multiplied by the maximum flow rate expressed in 
barrels per hour (based on the maximum relief valve setting or maximum 
system pressure when relief valves are not provided) plus the total line 
drainage volume expressed in barrels for the 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 contents 
of 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.

[[Page 307]]

    (b) A response plan must be divided into the sections listed in this 
paragraph and formatted in the order specified herein unless noted 
otherwise. It must also have some easily found marker identifying each 
section listed below. The following are the sections and 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 a mobile 
facility operates.
    (c) The required contents for each section and subsection of the 
plan are contained in Sec. Sec. 154.1035, 154.1040, and 154.1041, as 
appropriate.
    (d) The sections and subsections of response plans submitted to the 
COTP must contain at a minimum all the information required in 
Sec. Sec. 154.1035, 154.1040, and 154.1041, as appropriate. It may 
contain other appropriate sections, subsections, or information that are 
required by other Federal, State, and local agencies.
    (e) For initial and subsequent submission, a plan that does not 
follow the format specified in paragraph (b) of this section must be 
supplemented with a detailed cross-reference section to identify the 
location of the applicable sections required by this subpart.
    (f) The information contained in a response plan must be consistent 
with the National Oil and Hazardous Substances Pollution Contingency 
Plan (NCP) (40 CFR part 300) and the Area Contingency Plan(s) (ACP) 
covering the area in which the facility operates. Facility owners or 
operators shall ensure that their response plans are in accordance with 
the ACP in effect 6 months prior to initial plan submission or the 
annual plan review required under Sec. 154.1065(a). Facility owners or 
operators are not required to, but may at their option, conform to an 
ACP which is less than 6 months old at the time of plan submission.



Sec. 154.1035  Specific requirements for facilities that could reasonably be 

expected to cause significant and substantial harm to the environment.

    (a) Introduction and plan content. This section of the plan must 
include facility and plan information as follows:
    (1) The facility's name, street address, city, county, state, ZIP 
code, facility telephone number, and telefacsimile number, if so 
equipped. Include mailing address if different from street address.
    (2) The facility's location described in a manner that could aid 
both a reviewer and a responder in locating the specific facility 
covered by the plan, such as, river mile or location from a known 
landmark that would appear on a map or chart.
    (3) The name, address, and procedures for contacting the facility'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 to 
conform to the format contained in this subpart, a cross index, if 
appropriate.
    (6) A record of change(s) to record information on plan updates.
    (b) Emergency Response Action Plan. This section of the plan must be 
organized in the subsections described in this paragraph:
    (1) Notification procedures. (i) This subsection must contain a 
prioritized list identifying the person(s), including name, telephone 
number, and their role in the plan, to be notified of a discharge or 
substantial threat of a discharge of oil. The telephone number need not 
be provided if it is listed separately in the list of contacts required 
in the plan. This Notification Procedures listing must include--

[[Page 308]]

    (A) Facility response personnel, the spill management team, oil 
spill removal organizations, and the qualified individual(s) and the 
designated alternate(s); and
    (B) Federal, State, or local agencies, as required.
    (ii) This subsection must include a form, such as that depicted in 
Figure 1, which contains information to be provided in the initial and 
follow-up notifications to Federal, State, and local agencies. The form 
shall include notification of the National Response Center as required 
in part 153 of this chapter. Copies of the form also must be placed at 
the location(s) from which notification may be made. The initial 
notification form must include space for the information contained in 
Figure 1. The form must contain a prominent statement that initial 
notification must not be delayed pending collection of all information.

                  Figure 1--Information on discharge *
                           [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 before calling NRC.
  National Response Center--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
Storage Tank Container Type--Above ground (Y/N) Below ground (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 in Water
------------------------------------------------------------------------
                             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
------------------------------------------------------------------------

[[Page 309]]

 
                         Additional Information
------------------------------------------------------------------------
Any information about the Incident not recorded elsewhere in the report
------------------------------------------------------------------------
                          Caller Notifications
------------------------------------------------------------------------
USCG EPA State Other
 

    (2) Facility's spill mitigation procedures. (i) This subsection must 
describe the volume(s) and oil groups that would be involved 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 provided 
in the response plan for the non-transportation-related facility.
    (ii) This subsection must contain prioritized procedures for 
facility personnel to mitigate or prevent any discharge or substantial 
threat of a discharge of oil resulting from operational activities 
associated with internal or external facility transfers including 
specific procedures to shut down affected operations. Facility personnel 
responsible for performing specified procedures to mitigate or prevent 
any discharge or potential discharge shall be identified by job title. A 
copy of these procedures shall be maintained at the facility operations 
center. These procedures must address actions to be taken by facility 
personnel in the event of a discharge, potential discharge, or emergency 
involving the following equipment and scenarios:
    (A) Failure of manifold, mechanical loading arm, other transfer 
equipment, or hoses, as appropriate;
    (B) Tank overfill;
    (C) Tank failure;
    (D) Piping rupture;
    (E) Piping leak, both under pressure and not under pressure, if 
applicable;
    (F) Explosion or fire; and
    (G) Equipment failure (e.g. pumping system failure, relief valve 
failure, or other general equipment relevant to operational activities 
associated with internal or external facility transfers.)
    (iii) This subsection must contain a listing of equipment and the 
responsibilities of facility personnel to mitigate an average most 
probable discharge.
    (3) Facility's response activities. (i) This subsection must contain 
a description of the facility personnel's responsibilities to initiate a 
response and supervise response resources pending the arrival of the 
qualified individual.
    (ii) This subsection must contain a description of the 
responsibilities and authority of the qualified individual and alternate 
as required in Sec. 154.1026.
    (iii) This subsection must describe the organizational structure 
that will be used to manage the response actions. This structure must 
include 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 of the plan must identify the oil spill removal 
organizations and the spill management team that will be capable of 
providing the following resources:
    (A) Equipment and supplies to meet the requirements of Sec. Sec. 
154.1045, 154.1047, or subparts H or I of this part, as appropriate.
    (B) Trained personnel necessary to continue operation of the 
equipment and staff the oil spill removal organization and spill 
management team for the first 7 days of the response.
    (v) This section must include job descriptions for each spill 
management team member within the organizational structure described in 
paragraph

[[Page 310]]

(b)(3)(iii) of this section. These job descriptions must include the 
responsibilities and duties of each spill management team member in a 
response action.
    (vi) For facilities that handle, store, or transport group II 
through group IV petroleum oils, and that operate in waters where 
dispersant use is pre-authorized, this subsection of the plan must also 
separately list the resource providers and specific resources, including 
appropriately trained dispersant-application personnel, necessary to 
provide the dispersant capabilities required in this subpart. All 
resource providers and resources must be available by contract or other 
approved means as described in Sec. 154.1028(a). The dispersant 
resources to be listed within this section must include the following:
    (A) Identification of each primary dispersant staging site to be 
used by each dispersant-application platform to meet the requirements of 
this subpart.
    (B) Identification of the platform type, resource-providing 
organization, location, and dispersant payload for each dispersant-
application platform identified. Location data must identify the 
distance between the platform's home base and the identified primary 
dispersant staging site for this section.
    (C) For each unit of dispersant stockpile required to support the 
effective daily application capacity (EDAC) of each dispersant-
application platform necessary to sustain each intended response tier of 
operation, identify the dispersant product resource provider, location, 
and volume. Location data must include the stockpile's distance to the 
primary staging sites where the stockpile would be loaded onto the 
corresponding platforms.
    (D) If an oil spill removal organization has been evaluated by the 
Coast Guard, and its capability is equal to or exceeds the response 
capability needed by the owner or operator, the section may identify 
only the oil spill removal organization, and not the information 
required in paragraphs (b)(3)(vi)(A) through (b)(3)(vi)(C) of this 
section.
    (vii) This subsection of the plan must also separately list the 
resource providers and specific resources necessary to provide aerial 
oil tracking capabilities required in this subpart. The oil tracking 
resources to be listed within this section must include the following:
    (A) The identification of a resource provider; and
    (B) Type and location of aerial surveillance aircraft that are 
ensured available, through contract or other approved means, to meet the 
oil tracking requirements of Sec. 154.1045(j).
    (viii) For mobile facilities that operate in more than one COTP 
zone, the plan must identify the oil spill removal organization and the 
spill management team in the applicable geographic-specific appendix. 
The oil spill removal organization(s) and the spill management team 
discussed in paragraph (b)(3)(iv) of this section must be included for 
each COTP zone in which the facility will handle, store, or transport 
oil in bulk.
    (ix) For mobile facilities that operate in more than one COTP zone, 
the plan must identify the oil spill removal organization and the spill 
management team in the applicable geographic-specific appendix. The oil 
spill removal organization(s) and the spill management team discussed in 
paragraph (b)(3)(iv)(A) of this section must be included for each COTP 
zone in which the facility will handle, store, or transport oil in bulk.
    (4) Fish and wildlife and sensitive environments. (i) This section 
of the plan must identify areas of economic importance and environmental 
sensitivity, as identified in the ACP, which are potentially impacted by 
a worst case discharge. ACPs are required under section 311(j)(4) of the 
FWPCA to identify fish and wildlife and sensitive environments. The 
applicable ACP shall be used to designate fish and wildlife and 
sensitive environments in the plan. Changes to the ACP regarding fish 
and wildlife and sensitive environments shall be included in the annual 
update of the response plan, when available.
    (ii) For a worst case discharge from the facility, this section of 
the plan must--
    (A) List all fish and wildlife and sensitive environments identified 
in the ACP which are potentially impacted by a discharge of persistent 
oils, non-persistent oils, or non-petroleum oils.

[[Page 311]]

    (B) Describe all the response actions that the facility anticipates 
taking to protect these fish and wildlife and sensitive environments.
    (C) Contain a map or chart showing the location of those fish and 
wildlife and sensitive environments which are potentially impacted. The 
map or chart shall also depict each response action that the facility 
anticipates taking to protect these areas. A legend of activities must 
be included on the map page.
    (iii) For a worst case discharge, this section must identify 
appropriate equipment and required personnel, available by contract or 
other approved means as described in Sec. 154.1028, to protect fish and 
wildlife and sensitive environments which fall within the distances 
calculated using the methods outlined in this paragraph as follows:
    (A) Identify the appropriate equipment and required personnel to 
protect all fish and wildlife and sensitive environments in the ACP for 
the distances, as calculated in paragraph (b)(4)(iii)(B) of this 
section, 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 this 
paragraph;
    (1) Distances may be calculated as follows:
    (i) For persistent oils and non-petroleum oils discharged into non-
tidal waters, the distance from the facility reached in 48 hours at 
maximum current.
    (ii) For persistent and non-petroleum oils discharged into tidal 
waters, 15 miles from the facility down current during ebb tide and to 
the point of maximum tidal influence or 15 miles, whichever is less, 
during flood tide.
    (iii) For non-persistent oils discharged into non-tidal waters, the 
distance from the facility reached in 24 hours at maximum current.
    (iv) For non-persistent oils discharged into tidal waters, 5 miles 
from the facility down current during ebb tide and to the point of 
maximum tidal influence or 5 miles, whichever is less, during flood 
tide.
    (2) A spill trajectory or model may be substituted for the distances 
calculated under paragraph (b)(4)(iii)(B)(l) of this section. The spill 
trajectory or model must be acceptable to the COTP.
    (3) The procedures contained in the Environmental Protection's 
Agency's regulations on oil pollution prevention for non-transportation-
related onshore facilities at 40 CFR part 112, appendix C, Attachment C-
III may be substituted for the distances listed in non-tidal and tidal 
waters; and
    (C) Based on historical information or a spill trajectory or model, 
the COTP may require the additional fish and wildlife and sensitive 
environments also be protected.
    (5) Disposal Plan. This subsection must describe any actions to be 
taken or procedures to be used to ensure that all recovered oil and oil 
contaminated debris produced as a result of any discharge are disposed 
according to Federal, state, or local requirements.
    (c) Training and exercises. This section must be divided into the 
following two subsections:
    (1) Training procedures. This subsection must describe the training 
procedures and programs of the facility owner or operator to meet the 
requirements in Sec. 154.1050.
    (2) Exercise procedures. This subsection must describe the exercise 
program to be carried out by the facility owner or operator to meet the 
requirements in Sec. 154.1055.
    (d) Plan review and update procedures. This section must address the 
procedures to be followed by the facility owner or operator to meet the 
requirements of Sec. 154.1065 and the procedures to be followed for any 
post-discharge review of the plan to evaluate and validate its 
effectiveness.
    (e) Appendices. This section of the response plan must include the 
appendices described in this paragraph.
    (1) Facility-specific information. This appendix must contain a 
description of the facility's principal characteristics.
    (i) There must be a physical description of the facility including a 
plan of the facility showing the mooring areas, transfer locations, 
control stations, locations of safety equipment, and the location and 
capacities of all piping and storage tanks.

[[Page 312]]

    (ii) The appendix must identify the sizes, types, and number of 
vessels that the facility can transfer oil to or from simultaneously.
    (iii) The appendix must identify the first valve(s) on facility 
piping separating the transportation-related portion of the facility 
from the non-transportation-related portion of the facility, if any. For 
piping leading to a manifold located on a dock serving tank vessels, 
this valve is the first valve inside the secondary containment required 
by 40 CFR part 112.
    (iv) The appendix must contain information on the oil(s) and 
hazardous material handled, stored, or transported at the facility in 
bulk. A material safety data sheet meeting the requirements of 29 CFR 
1910.1200, 33 CFR 154.310(a)(5) or an equivalent will meet this 
requirement. This information can be maintained separately providing it 
is readily available and the appendix identifies its location. This 
information 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 hazardous 
materials. This shall include hazards likely to be encountered if the 
oil(s) and hazardous materials come in contact as a result of a 
discharge; and
    (E) A list of firefighting procedures and extinguishing agents 
effective with fires involving the oil(s) and hazardous materials.
    (v) The appendix may contain any other information which the 
facility owner or operator determines to be pertinent to an oil spill 
response.
    (2) List of contacts. This appendix must include information on 24-
hour contact of key individuals and organizations. If more appropriate, 
this information may be specified in a geographic-specific appendix. The 
list must include--
    (i) The primary and alternate qualified individual(s) for the 
facility;
    (ii) The contact(s) identified under paragraph (b)(3)(iv) of this 
section for activation of the response resources; and
    (iii) Appropriate Federal, State, and local officials.
    (3) Equipment list and records. This appendix must include the 
information specified in this paragraph.
    (i) The appendix must contain a list of equipment and facility 
personnel required to respond to an average most probable discharge, as 
defined in Sec. 154.1020. The appendix must also list the location of 
the equipment.
    (ii) The appendix must contain a detailed listing of all the major 
equipment identified in the plan as belonging to an oil spill removal 
organization(s) that is available, by contract or other approved means 
as described in Sec. 154.1028(a), to respond to a maximum most probable 
or worst case discharge, as defined in Sec. 154.1020. The detailed 
listing of all major equipment may be located in a separate document 
referenced by the plan. Either the appendix or the separate document 
referenced in the plan must provide the location of the major response 
equipment.
    (iii) It is not necessary to list response equipment from oil spill 
removal organization(s) when the organization has been classified by the 
Coast Guard and their capacity has been determined to equal or exceed 
the response capability needed by the facility. For oil spill removal 
organization(s) classified by the Coast Guard, the classification must 
be noted in this section of the plan. When it is necessary for the 
appendix to contain a listing of response equipment, it shall include 
all of the following items that are identified in the response plan: 
Skimmers; booms; dispersant application, in-situ burning, bioremediation 
equipment and supplies, and other equipment used to apply other chemical 
agents on the NCP Product Schedule (if applicable); communications, 
firefighting, and beach cleaning equipment; boats and motors; disposal 
and storage equipment; and heavy equipment. The list must include for 
each piece of equipment--
    (A) The type, make, model, and year of manufacture listed on the 
nameplate of the equipment;

[[Page 313]]

    (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 and 
freeboard) and type of end connectors;
    (D) The spill scenario in which the equipment will be used for or 
which it is contracted;
    (E) The total daily capacity for storage and disposal of recovered 
oil;
    (F) For communication equipment, the type and amount of equipment 
intended for use during response activities. Where applicable, the 
primary and secondary radio frequencies must be specified.
    (G) Location of the equipment; and
    (H) The date of the last inspection by the oil spill removal 
organization(s).
    (4) Communications plan. This appendix must describe the primary and 
alternate method of communication during discharges, including 
communications at the facility and at remote locations within the areas 
covered by the response plan. The appendix may refer to additional 
communications packages provided by the oil spill removal organization. 
This may reference another existing plan or document.
    (5) Site-specific safety and health plan. This appendix must 
describe the safety and health plan to be implemented for any response 
location(s). It must provide as much detailed information as is 
practicable in advance of an actual discharge. This appendix may 
reference another existing plan requiring under 29 CFR 1910.120.
    (6) List of acronyms and definitions. This appendix must list all 
acronyms used in the response plan including any terms or acronyms used 
by Federal, State, or local governments and any operational terms 
commonly used at the facility. This appendix must include all 
definitions that are critical to understanding the response plan.

[CGD 91-036, 61 FR 7917, Feb. 29, 1996, as amended by USCG-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; USCG-2001-8661, 74 FR 45023, 
Aug. 31, 2009]



Sec. 154.1040  Specific requirements for facilities that could reasonably be 

expected to cause substantial harm to the environment.

    (a) The owner or operator of a facility that, under Sec. 154.1015, 
could reasonably be expected to cause substantial harm to the 
environment, shall submit a response plan that meets the requirements of 
Sec. 154.1035, except as modified by this section.
    (b) The facility's response activities section of the response plan 
need not list the facility or corporate organizational structure that 
will be used to manage the response, as required by Sec. 
154.1035(b)(3)(iii).
    (c) The owner or operator of a facility must ensure the availability 
of response resources required to be identified in Sec. 
154.1035(b)(3)(iv) by contract or other approved means described in 
Sec. 154.1028.
    (d) A facility owner or operator must have at least 200 feet of 
containment boom and the means of deploying and anchoring the boom 
available at the spill site within 1 hour of the detection of a spill to 
respond to the average most probable discharge in lieu of the quantity 
of containment boom specified in Sec. 154.1045(c)(1). Based on site-
specific or facility-specific information, the COTP may specify that 
additional quantities of containment boom are available within one hour. 
In addition, there must be adequate sorbent material for initial 
response to an average most probable discharge. If the facility is a 
fixed facility, the containment boom and sorbent material must be 
located at the facility. If the facility is a mobile facility, the 
containment boom and sorbent must be available locally and be at the 
site of the discharge within 1 hour of its discovery.



Sec. 154.1041  Specific response information to be maintained on mobile MTR 

facilities.

    (a) Each mobile MTR facility must carry the following information as 
contained in the response plan when performing transfer operations:
    (1) A description of response activities for a discharge which may 
occur during transfer operations. This may be a narrative description or 
a list of

[[Page 314]]

procedures to be followed in the event of a discharge.
    (2) Identity of response resources to respond to a discharge from 
the mobile MTR facility.
    (3) List of the appropriate persons and agencies (including the 
telephone numbers) to be contacted in regard to a discharge and its 
handling, including the National Response Center.
    (b) The owner or operator of the mobile facility must also retain 
the information in this paragraph at the principal place of business.



Sec. 154.1045  Response plan development and evaluation criteria for 

facilities that handle, store, or transport Group I through Group IV petroleum 

oils.

    (a) The owner or operator of a facility that handles, stores, or 
transports Group I through Group IV petroleum oils shall use the 
criteria in this section to evaluate response resources identified in 
the response plan for the specified operating environment.
    (1) The criteria in Table 1 of appendix C of this part are to be 
used solely for identification of appropriate equipment in a response 
plan. These criteria reflect conditions used for planning purposes to 
select mechanical response equipment and are not conditions that would 
limit response actions or affect normal facility operations.
    (2) The response resources must be evaluated considering limitations 
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 by the 
COTP.
    (3) The COTP may reclassify a specific body of water or location 
within the COTP zone. Any reclassifications will be identified by the 
COTP in the applicable ACP. Reclassifications may be to--
    (i) A more stringent operating environment if the prevailing wave 
conditions exceed the significant wave height criteria during more than 
35 percent of the year; or
    (ii) A less stringent operating environment if the prevailing wave 
conditions do not exceed the significant wave height criteria for the 
less stringent operating environment during more than 35 percent of the 
year.
    (b) Response equipment must--
    (1) Meet or exceed the operating criteria listed in Table 1 of 
appendix 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, or 
transports Group I through Group IV petroleum oils must identify 
response resources that are available, by contract or other approved 
means as described in Sec. 154.1028(a)(1)(4), to respond to the 
facility's average most probable discharge. The response resources must 
include, at a minimum--
    (1) 1,000 feet of containment boom or two times the length of the 
largest vessel that regularly conducts petroleum oil transfers to or 
from the facility, whichever is greater, and the means of deploying and 
anchoring the boom available at the spill site within 1 hour of the 
detection of a spill; and
    (2) Oil recovery devices and recovered oil storage capacity capable 
of being at the spill site within 2 hours of the discovery of a 
petroleum oil discharge from a facility.
    (d) The response plan for a facility that handles, stores, or 
transports Group I through Group IV petroleum oils must identify 
response resources that are available, by contract or other approved 
means as described in Sec. 154.1028(a)(1)(4), to respond to a discharge 
up to the facility's maximum most probable discharge volume.
    (1) The response resources must include sufficient containment boom, 
oil recovery devices, and storage capacity for any recovery of up to the 
maximum most probable discharge planning volume, as contained in 
appendix C.
    (2) The response resources must be appropriate for each group of 
petroleum 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 can 
arrive at the scene of a discharge within the following specified times:

[[Page 315]]

    (i) The equipment identified in paragraphs (c)(1) and (c)(2) of this 
section or in Sec. 154.1040(d) must arrive within the times specified 
in those paragraphs or that section, as appropriate.
    (ii) In higher volume port areas and the Great Lakes, response 
resources must be capable of arriving on scene within 6 hours of the 
discovery of a petroleum oil discharge from a facility.
    (iii) In all other locations, response resources must be capable of 
arriving on scene within 12 hours of the discovery of a petroleum oil 
discharge from a facility.
    (4) The COTP may determine that mobilizing response resources to an 
area beyond the response times indicated in this paragraph invalidates 
the response plan. In this event, the COTP may impose additional 
operational restrictions (e.g., limitations on the number of transfers 
at a facility), or, at the COTP's discretion, the facility may operate 
with temporarily modified response plan development and evaluation 
criteria (e.g., modified response times, alternate response resources, 
etc.).
    (e) The response plan for a facility that handles, stores, or 
transports Group I through Group IV petroleum oils must identify the 
response resources that are available, by contract or other approved 
means as described in Sec. 154.1028(a)(1)(4), to respond to the worst 
case discharge volume of petroleum oil to the maximum extent 
practicable.
    (1) The location of these response resources must be suitable to 
meet the response times identified in paragraph (f) of this section for 
the applicable geographic area(s) of operation and response tier.
    (2) The response resources must be appropriate for--
    (i) The volume of the facility's worst case discharge;
    (ii) Group(s) of petroleum oil as identified in Sec. 154.1020 that 
are handled, stored, or transported by the facility; and
    (iii) The geographic area(s) in which the facility operates.
    (3) The response resources must include sufficient boom, oil 
recovery devices, and storage capacity to recover the worst case 
discharge planning volumes.
    (4) The guidelines in appendix C of this part must be used for 
calculating the quantity of response resources required to respond at 
each tier to the worst case discharge to the maximum extent practicable.
    (5) When determining response resources necessary to meet the 
requirements of this section, a portion of those resources must be 
capable of use in close-to-shore response activities in shallow water. 
The following percentages of the response equipment identified for the 
applicable geographic area must be capable of operating in waters of 6 
feet or less depth.
    (i) Offshore--10 percent.
    (ii) Nearshore/inland/Great Lakes/rivers and canals--20 percent.
    (6) The COTP may determine that mobilizing response resources to an 
area beyond the response times indicated in this paragraph invalidates 
the response plan. In this event, the COTP may impose additional 
operational restrictions (e.g., limitations on the number of transfers 
at a facility), or, at the COTP's discretion, the facility may be 
permitted to operate with temporarily modified response plan development 
and evaluation criteria (e.g., modified response times, alternate 
response resources, etc.).
    (f) Response equipment identified in a response plan for a facility 
that handles, stores, or transports Group I through Group IV petroleum 
oils must be capable of arriving on scene within the times specified in 
this paragraph for the applicable response tier in a higher volume port 
area, Great Lakes, and in other areas. Response times for these tiers 
from the time of discovery of a discharge are--

------------------------------------------------------------------------
                                                Tier 1   Tier 2   Tier 3
                                                (hrs.)   (hrs.)   (hrs.)
------------------------------------------------------------------------
Higher volume port area (except for a TAPAA          6       30       54
 facility located in Prince William Sound,
 see Sec.  154.1135)........................
Great Lakes..................................       12       36       60
All other river and canal, inland, nearshore,       12       36       60
 and offshore areas..........................
------------------------------------------------------------------------

    (g) For the purposes of arranging for response resources for a 
facility that handles, stores, or transports Group I

[[Page 316]]

through Group IV petroleum oils, by contract or other approved means as 
described in Sec. 154.1028(a)(1)-(4), response equipment identified for 
Tier 1 plan credit must be capable of being mobilized and en route to 
the scene of a discharge within 2 hours of notification. The 
notification procedures identified in the plan must provide for 
notification and authorization of mobilization of identified Tier 1 
response resources--
    (1) Either directly or through the qualified individual; and
    (2) Within 30 minutes of a discovery of a discharge or substantial 
threat of discharge.
    (h) Response resources identified for Tier 2 and Tier 3 plan credit 
must be capable of arriving on scene within the time specified for the 
applicable tier.
    (i) The owner or operator of a facility that handles, stores, or 
transports groups II through IV petroleum oils within the inland, 
nearshore, or offshore areas where pre-authorization for dispersant use 
exists must identify in their response plan, and ensure the availability 
of, through contract or other approved means, response resources capable 
of conducting dispersant operations within those areas.
    (1) Dispersant response resources must be capable of commencing 
dispersant-application operations at the site of a discharge within 7 
hours of the decision by the Federal On-Scene Coordinator to use 
dispersants.
    (2) Dispersant response resources must include all of the following:
    (i) Sufficient volumes of dispersants for application as required by 
paragraph (i)(3) of this section. Any dispersants identified in a 
response plan must be of a type listed on the National Oil and Hazardous 
Substances Pollution Contingency Plan Product Schedule (which is 
contained in 40 CFR part 300, and available online from the U.S. 
Government Printing Office).
    (ii) Dispersant-application platforms capable of delivering and 
applying the dispersant on a discharge in the amounts as required by 
paragraph (i)(3) of this section. At least 50 percent of each EDAC tier 
requirement must be achieved through the use of fixed-wing, aircraft-
based application platforms. For dispersant-application platforms not 
detailed within the DMP2, adequacy of performance criteria must be 
documented by presentation of independent evaluation materials (e.g., 
field tests and reports of actual use) that record the performance of 
the platform.
    (iii) Dispersant-application systems that are consistent in design 
with, and are capable of applying dispersants within, the performance 
criteria in ASTM F1413-07 (incorporated by reference, see Sec. 
154.106). For dispersant-application systems not fully covered by ASTM 
F1413-07, such as fire monitor-type applicators, adequacy of performance 
criteria must be documented by presentation of independent evaluation 
materials (e.g., laboratory tests, field tests, and reports of actual 
use) that record the design of performance specifications.
    (iv) Dispersant-application personnel trained in and capable of 
applying dispersants according to the recommended procedures contained 
within ASTM F1737-07 (incorporated by reference, see Sec. 154.106).
    (3) Dispersant stockpiles, application platforms, and other 
supporting resources must be available in a quantity and type sufficient 
to treat a facility's worst-case discharge (as determined by using the 
criteria in appendix C, section 8) or in quantities sufficient to meet 
the requirements in Table 154.1045(i) of this section, whichever is the 
lesser amount.

                       Table 154.1045(i)--Tiers for Effective Daily Application Capability
----------------------------------------------------------------------------------------------------------------
                                                                Dispersant  application   Dispersant application
                                          Response time for          dispersant: oil     dispersant: oil treated
                                        completed  application     treated in gallons     in gallons  all other
                                               (hours)                (Gulf Coast)                 U.S.
----------------------------------------------------------------------------------------------------------------
Tier 1...............................                       12            8,250:165,000             4,125:82,500
Tier 2...............................                       36           23,375:467,000           23,375:467,000
Tier 3...............................                       60           23,375:467,000           23,375:467,000
                                      --------------------------------------------------------------------------

[[Page 317]]

 
    Total............................                       60         55,000:1,100,000         50,875:1,017,500
----------------------------------------------------------------------------------------------------------------

    Note to Table 154.1045(i): Gulf Coast Tier 1 is higher due to 
greater potential spill size and frequency in that area, and it is 
assumed that dispersant stockpiles would be centralized in the Gulf 
area. Alternative application ratios may be considered based upon 
submission to Coast Guard Headquarters, Office of Incident Management 
and Preparedness (CG-533, 202-372-2234, 2100 2nd Street, SW., room 2100, 
Washington, DC 20593) of peer-reviewed scientific evidence of improved 
capability.
    (j) The owner or operator of a facility handling Groups I through IV 
petroleum oil as a primary cargo must identify in the response plan, and 
ensure the availability through contract or other approved means, of 
response resources necessary to provide aerial oil tracking to support 
oil spill assessment and cleanup activities. Facilities operating 
exclusively on inland rivers are not required to comply with this 
paragraph. Aerial oil tracking resources must:
    (1) Be capable of arriving at the site of a discharge in advance of 
the arrival of response resources identified in the plan for tiers 1, 2, 
and 3 Worst-Case Discharge response times, and for a distance up to 50 
nautical miles from shore (excluding inland rivers);
    (2) Be capable of supporting oil spill removal operations 
continuously for three 10-hour operational periods during the initial 72 
hours of the discharge;
    (3) Include appropriately located aircraft and personnel capable of 
meeting the response time requirement for oil tracking from paragraph 
(j)(1) of this section; and
    (4) Include sufficient numbers of aircraft, pilots, and trained 
observation personnel to support oil spill removal operations, 
commencing upon initial assessment, and capable of coordinating on-scene 
cleanup operations, including dispersant and mechanical recovery 
operations. Observation personnel must be trained in:
    (i) The protocols of oil-spill reporting and assessment, including 
estimation of slick size, thickness, and quantity; and
    (ii) The use of assessment techniques in ASTM F1779-08 (incorporated 
by reference, see Sec. 154.106), and familiar with the use of other 
guides, such as NOAA's ``Open Water Oil Identification Job Aid for 
Aerial Observation,'' and NOAA's ``Characteristic Coastal Habitats'' 
guide (available on the Internet at http://
response.restoration.noaa.gov/use the following links in the order 
presented: Home[bond]Emergency Response[bond]Responding to Oil Spills).
    (k) A response plan for a facility that handles, stores, or 
transports Group I through Group IV petroleum oils must identify 
response resources with firefighting capability. The owner or operator 
of a facility that does not have adequate firefighting resources located 
at the facility or that can not rely on sufficient local firefighting 
resources must identify and ensure, by contract or other approved means 
as described in Sec. 154.1028(a)(1)-(4), the availability of adequate 
firefighting resources. The response plan must also identify an 
individual located at the facility to work with the fire department for 
petroleum oil fires. This individual shall also verify that sufficient 
well-trained firefighting resources are available within a reasonable 
time to respond to a worst case discharge. The individual may be the 
qualified individual as defined in Sec. 154.1020 and identified in the 
response plan or another appropriate individual located at the facility.
    (l) The response plan for a facility that handles, stores, or 
transports Groups I through IV petroleum oils must identify equipment 
and required personnel available, by contract or other approved means as 
described in Sec. 154.1028(a) (1)-(4), to protect fish and wildlife and 
sensitive environments.

[[Page 318]]

    (1) Except as set out in paragraph (k)(2) of this section, the 
identified response resources must include the quantities of boom 
sufficient to protect fish and wildlife and sensitive environments as 
required by Sec. 154.1035(b)(4).
    (2) The resources and response methods identified in a facility 
response plan must be consistent with the required resources and 
response methods to be used in fish and wildlife and sensitive 
environments, contained in the appropriate ACP. Facility owners or 
operators shall ensure that their response plans are in accordance with 
the ACP in effect 6 months prior to initial plan submission or the 
annual plan review required under Sec. 154.1065(a). Facility owners or 
operators are not required to, but may at their option, conform to an 
ACP which is less than 6 months old at the time of plan submission.
    (m) The response plan for a facility that handles, stores, or 
transports Groups I through IV petroleum oils must identify an oil spill 
removal organization(s) with response resources that are available, by 
contract or other approved means as described in Sec. 154.1028(a) (1)-
(4), to effect a shoreline cleanup operation commensurate with the 
quantity of emulsified petroleum oil to be planned for in shoreline 
cleanup operations.
    (1) Except as required in paragraph (l)(2) of this section, the 
shoreline cleanup response resources required must be determined as 
described in appendix C of this part.
    (2) The resources and response methods identified in a facility 
response plan must be consistent with the required shoreline cleanup 
resources and methods contained in the appropriate ACP. Facility owners 
or operators shall ensure that their response plans are in accordance 
with the ACP in effect 6 months prior to initial plan submission or the 
annual plan review required under Sec. 154.1065(a). Facility owners or 
operators are not required to, but may at their option, conform to an 
ACP which is less than 6 months old at the time of plan submission.
    (n) Appendix C of this part describes the procedures to determine 
the maximum extent practicable quantity of response resources that must 
be identified and available, by contract or other approved means as 
described in Sec. 154.1028(a) (1)-(4), for the maximum most probable 
discharge volume, and for each worst case discharge response tier.
    (1) Included in appendix C of this part is a cap that recognizes the 
practical and technical limits of response capabilities that an 
individual facility owner or operator can be expected to contract for in 
advance.
    (2) Table 5 in appendix C of this part lists the caps that apply in 
February 18, 1993, and February 18, 1998. Depending on the quantity and 
type of petroleum oil handled by the facility and the facility's 
geographic area of operations, the resource capability caps in this 
table may be reached. The owner or operator of a facility whose 
estimated recovery capacity exceeds the applicable contracting caps in 
Table 5 shall identify sources of additional equipment equal to twice 
the cap listed in Tiers 1, 2, and 3 or the amount necessary to reach the 
calculated planning volume, whichever is lower. The identified resources 
must be capable of arriving on scene not later than the Tier 1, 2, and 3 
response times in this section. No contract is required. While general 
listings of available response equipment may be used to identify 
additional sources, a response plan must identify the specific sources, 
locations, and quantities of equipment that a facility owner or operator 
has considered in his or her planning. When listing Coast Guard 
classified oil spill removal organization(s) which have sufficient 
removal capacity to recover the volume above the response capability cap 
for the specific facility, as specified in Table 5 in appendix C of this 
part, it is not necessary to list specific quantities of equipment.
    (o) The Coast Guard will continue to evaluate the environmental 
benefits, cost efficiency and practicality of increasing mechanical 
recovery capability requirements. This continuing evaluation is part of 
the Coast Guard's long term commitment to achieving and maintaining an 
optimum mix of oil spill response capability across the full spectrum of 
response modes. As best available technology demonstrates a need to 
evaluate or change mechanical

[[Page 319]]

recovery capacities, a review of cap increases and other requirements 
contained within this subpart may be performed. Any changes in the 
requirements of this section will occur through a public notice and 
comment process. During this review, the Coast Guard will determine if 
established caps remain practicable and if increased caps will provide 
any benefit to oil spill recovery operations. The review will include, 
at least, an evaluation of:
    (1) Best available technologies for containment and recovery;
    (2) Oil spill tracking technology;
    (3) High rate response techniques;
    (4) Other applicable response technologies; and
    (5) Increases in the availability of private response resources.

[CGD 91-036, 61 FR 7917, Feb. 29, 1996, as amended by USCG-2001-8661, 74 
FR 45024, Aug. 31, 2009]



Sec. 154.1047  Response plan development and evaluation criteria for 

facilities that handle, store, or transport Group V petroleum oils.

    (a) An owner or operator of a facility that handles, stores, or 
transports Group V petroleum oils must provide information in his or her 
response plan that identifies--
    (1) Procedures and strategies for responding to a worst case 
discharge 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, or 
transports Group V petroleum oil must ensure that any equipment 
identified in a response plan is capable of operating in the conditions 
expected in the geographic area(s) in which the facility operates using 
the criteria in Table 1 of appendix C of this part. When evaluating the 
operability of equipment, the facility owner or operator must consider 
limitations that are identified in the ACPs for the 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, or 
transports Group V petroleum oil must identify the response resources 
that are available by contract or other approved means as described in 
Sec. 154.1028. The equipment identified in a response plan must 
include--
    (1) Sonar, sampling equipment, or other methods for locating the 
petroleum oil on the bottom or suspended in the water column;
    (2) Containment boom, sorbent boom, silt curtains, or other methods 
for containing the petroleum oil that may remain floating on the surface 
or to reduce spreading on the bottom;
    (3) Dredges, pumps, or other equipment necessary to recover 
petroleum oil from the bottom and shoreline;
    (4) Equipment necessary to assess the impact of such discharges; and
    (5) Other appropriate equipment necessary to respond to a discharge 
involving the type of petroleum oil handled, stored, or transported.
    (d) Response resources identified in a response plan for a facility 
that handles, stores, or transports Group V petroleum oils under 
paragraph (c) of this section must be capable of being at the spill site 
within 24 hours of discovery of a discharge.
    (e) A response plan for a facility that handles, stores, or 
transports Group V petroleum oils must identify response resources with 
firefighting capability. The owner or operator of a facility that does 
not have adequate firefighting resources located at the facility or that 
can not rely on sufficient local firefighting resources must identity 
and ensure, by contract or other approved means as described in Sec. 
154.1028, the availability of adequate firefighting resources. The 
response plan must also identify an individual located at the facility 
to work with the fire department for petroleum oil fires. This 
individual shall also verify that sufficient well-trained firefighting 
resources are available within a reasonable response time to a worst 
case scenario. The individual may be the qualified individual as defined 
in Sec. 154.1020 and identified in the response plan or another 
appropriate individual located at the facility.

[[Page 320]]



Sec. 154.1050  Training.

    (a) A response plan submitted to meet the requirements of Sec. Sec. 
154.1035 or 154.1040, as appropriate, must identify the training to be 
provided to each individual with responsibilities under the plan. A 
facility owner or operator must identify the method to be used for 
training any volunteers or casual laborers used during a response to 
comply with the requirements of 29 CFR 1910.120.
    (b) A facility owner or operator shall ensure the maintenance of 
records sufficient to document training of facility personnel; and shall 
make them available for inspection upon request by the U.S. Coast Guard. 
Records for facility personnel must be maintained at the facility for 3 
years.
    (c) Where applicable, a facility owner or operator shall ensure that 
an oil spill removal organization identified in a response plan to meet 
the requirements of this subpart maintains records sufficient to 
document training for the organization's personnel and shall make them 
available for inspection upon request by the facility's management 
personnel, the qualified individual, and U.S. Coast Guard. Records must 
be maintained for 3 years following completion of training.
    (d) The facility owner or operator remains responsible for ensuring 
that all private response personnel are trained to meet the Occupational 
Safety and Health Administration (OSHA) standards for emergency response 
operations in 29 CFR 1910.120.



Sec. 154.1055  Exercises.

    (a) A response plan submitted by an owner or operator of an MTR 
facility must include an exercise program containing both announced and 
unannounced exercises. The following are the minimum exercise 
requirements 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 case 
discharge 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 in Sec. 
154.1055(a)(2) through (4) must be unannounced. Unannounced means the 
personnel participating in the exercise must not be advised in advance, 
of the exact date, time and scenario of the exercise.
    (6) The facility owner or operator shall design the exercise program 
so that all components of the response plan are exercised at least once 
every 3 years. All of the components do not have to be exercised at one 
time; they may be exercised over the 3-year period through the required 
exercises or through an Area exercise.
    (b) A facility owner or operator shall participate in unannounced 
exercises, as directed by the COTP. The objectives of the unannounced 
exercises will be to test notifications and equipment deployment for 
response to the average most probable discharge. After participating in 
an unannounced exercise directed by a COTP, the owner or operator will 
not be required to participate in another COTP initiated unannounced 
exercise for at least 3 years from the date of the exercise.
    (c) A facility owner or operator shall participate in Area exercises 
as directed by the applicable On-Scene Coordinator. The Area exercises 
will involve equipment deployment to respond to the spill scenario 
developed by the Exercise Design Team, of which the facility owner or 
operator will be a member. After participating in an Area exercise, a 
facility owner or operator will not be required to participate in 
another Area exercise for at least 6 years.
    (d) The facility owner or operator shall ensure that adequate 
records of all required exercises are maintained at the facility for 3 
years. Records shall be made available to the Coast Guard upon request.
    (e) The response plan submitted to meet the requirements of this 
subpart must specify the planned exercise program. The plan must detail 
the exercise program, including the types of exercises, frequency, 
scope, objectives

[[Page 321]]

and the scheme for exercising the entire response plan every 3 years.
    (f) Compliance with the National Preparedness for Response Exercise 
Program (PREP) Guidelines will satisfy the facility response plan 
exercise requirements. These guidelines are available from the TASC DEPT 
Warehouse, 33141Q 75th Avenue, Landover, MD 20875 (fax: 301-386-5394, 
stock number USCG-X0241). Compliance with an alternative program that 
meets the requirements of paragraph (a) of this section and has been 
approved under Sec. 154.1060 will also satisfy the facility response 
plan exercise requirements.

    Note to paragraph (f): The PREP guidelines are available online at 
http://dmses.dot.gov/docimages/pdf1a/198001--web.pdf.

[CGD 91-036, 61 FR 7917, Feb. 29, 1996, as amended by USCGD-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 response plan 
under this part must ensure that--
    (1) Containment booms, skimmers, vessels, and other major equipment 
listed or referenced in the plan are periodically inspected and 
maintained in good operating condition, in accordance with 
manufacturer's recommendations, and best commercial practices; and
    (2) All inspection and maintenance is documented and that these 
records are maintained for 3 years.
    (b) For equipment which must be inspected and maintained under this 
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 reflect 
the 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 plan and 
ensured available from an oil spill removal organization through the 
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 subpart 
applies shall submit one copy of a facility response plan meeting the 
requirements of this subpart to the COTP for initial review and, if 
appropriate, approval.
    (b) The owner or operator of a facility to which this subpart 
applies shall include a statement certifying that the plan meets the 
applicable requirements of subparts F, G, H, and I of this part, as 
appropriate.
    (c) For an MTR facility that is located in the inland response zone 
where the EPA Regional Administrator is the predesignated Federal On-
Scene Coordinator, the COTP may consult with the EPA Federal On-Scene 
Coordinator prior to any final approval.
    (d) For an MTR facility identified in Sec. 154.1015(c) of this 
subpart that is also required to prepare a response plan under 40 CFR 
part 112, if the COTP determines that the plan meets all applicable 
requirements and the EPA Regional Administrator raises no objection to 
the response plan contents, the COTP will notify the facility owner or 
operator in writing that the plan is approved.
    (e) The plan will be valid for a period of up to 5 years. The 
facility owner or operator must resubmit an updated plan every 5 years 
as follows:
    (1) For facilities identified in only Sec. 154.1015(b) of this 
subpart, the 5-year period will commence on the date the plan is 
submitted to the COTP.
    (2) For facilities identified in Sec. 154.1015(c) of this subpart, 
the 5-year period will commence on the date the COTP approves the plan.
    (3) All resubmitted response plans shall be accompanied by a cover 
letter containing a detailed listing of all revisions to the response 
plan.
    (f) For an MTR facility identified in Sec. 154.1015(c)(2) the COTP 
will notify the facility owner or operator in writing that the plan is 
approved.
    (g) If a COTP determines that a plan does not meet the requirements 
of this subpart either upon initial submission or upon 5-year 
resubmission, the COTP will return the plan to the facility

[[Page 322]]

owner or operator along with an explanation of the response plan's 
deficiencies. The owner or operator must correct any deficiencies in 
accordance with Sec. 154.1070 and return the plan to the COTP within 
the time specified by the COTP in the letter describing the 
deficiencies.
    (h) The facility owner or operator and the qualified individual and 
the alternative qualified individual shall each maintain a copy of the 
most current response plan submitted to the COTP. One copy must be 
maintained at the facility in a position where the plan is readily 
available 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 response 
plan(s) annually. This review shall incorporate any revisions to the 
plan, including listings of fish and wildlife and sensitive environments 
identified in the ACP in effect 6 months prior to plan review.
    (1) For an MTR facility identified in Sec. 154.1015(c) of this 
subpart as a ``significant and substantial harm facility,'' this review 
must occur within 1 month of the anniversary date of COTP approval of 
the plan. For an MTR facility identified in Sec. 154.1015(b) of this 
subpart, as a ``substantial harm facility'' this review must occur 
within 1 month of the anniversary date of submission of the plan to the 
COTP.
    (2) The facility owner or operator shall submit any revision(s) to 
the response plan to the COTP and all other holders of the response plan 
for information or approval, as appropriate.
    (i) Along with the revisions, the facility owner or operator shall 
submit a cover letter containing a detailed listing of all revisions to 
the response plan.
    (ii) If no revisions are required, the facility owner or operator 
shall indicate the completion of the annual review on the record of 
changes page.
    (iii) The COTP will review the revision(s) submitted by the owner or 
operator and will give written notice to the owner or operator of any 
COTP objection(s) to the proposed revisions within 30 days of the date 
the revision(s) were submitted to the COTP. The revisions shall become 
effective not later than 30 days from their submission to the COTP 
unless the COTP indicates otherwise in writing as provided in this 
paragraph. If the COTP indicates that the revision(s) need to be 
modified before implementation, the owner or operator will modify the 
revision(s) within the time period set by the COTP.
    (3) Any required revisions must be entered in the plan and noted on 
the record of changes page.
    (b) The facility owner or operator shall submit revisions to a 
previously submitted or approved plan to the COTP and all other holders 
of the response plan for information or approval within 30 days, 
whenever there is--
    (1) A change in the facility's configuration that significantly 
affects the information included in the response plan;
    (2) A change in the type of oil (petroleum oil group) handled, 
stored, or transported that affects the required response resources;
    (3) A change in the name(s) or capabilities of the oil spill removal 
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 ports or 
geographic area(s) not covered by the previously approved plan. A 
facility may not operate in an area not covered in a plan previously 
submitted or approved, as appropriate, unless the revised plan is 
approved or interim operating approval is received under Sec. 154.1025; 
or
    (6) Any other changes that significantly affect the implementation 
of the plan.
    (c) Except as required in paragraph (b) of this section, revisions 
to personnel and telephone number lists included in the response plan do 
not require COTP approval. The COTP and all other holders of the 
response plan shall be advised of these revisions and provided a copy of 
the revisions as they occur.
    (d) The COTP may require a facility owner or operator to revise a 
response plan at any time as a result of a compliance inspection if the 
COTP determines that the response plan does not meet the requirements of 
this subpart

[[Page 323]]

or as a result of inadequacies noted in the response plan during an 
actual pollution incident at the facility.
    (e) If required by Sec. Sec. 154.1035(b)(3) or 154.1045, a new or 
existing facility owner or operator must submit the required dispersant 
and aerial oil tracking resource revisions to a previously submitted or 
approved plan, made pursuant to Sec. Sec. 154.1035(b)(3) or 154.1045, 
to the COTP and all other holders of the response plan for information 
or approval no later than February 22, 2011.

[CGD 91-036, 61 FR 7917, Feb. 29, 1996, as amended by USCG-2001-8661, 74 
FR 45025, Aug. 31, 2009]



Sec. 154.1070  Deficiencies.

    (a) The cognizant COTP will notify the facility owner or operator in 
writing of any deficiencies noted during review of a response plan, 
drills observed by the Coast Guard, or inspection of equipment or 
records maintained in connection with this subpart.
    (b) Deficiencies shall be corrected within the time period specified 
in the written notice provided by the COTP. The facility owner or 
operator who disagrees with a deficiency issued by the COTP may appeal 
the deficiency to the cognizant COTP within 7 days or the time specified 
by the COTP to correct the deficiency, whichever is less. This time 
commences from the date of receipt of the COTP notice. The owner or 
operator may request a stay from the COTP decision pending appeal in 
accordance with Sec. 154.1075.
    (c) If the facility owner or operator fails to correct any 
deficiencies or submit a written appeal, the COTP may invoke the 
provisions of Sec. 154.1025 prohibiting the facility from storing, 
handling, or transporting oil.



Sec. 154.1075  Appeal process.

    (a) Any owner or operator of a facility who desires to appeal the 
classification that a facility could reasonably be expected to cause 
substantial harm or significant and substantial harm to the environment, 
shall submit a written request to the cognizant COTP requesting review 
and reclassification by the COTP. The facility owner or operator shall 
identify those factors to be considered by the COTP. The factors to be 
considered by the COTP regarding reclassification of a facility include, 
but are not limited to, those listed in Sec. 154.1016(b). After 
considering all relevant material presented by the facility owner or 
operator and any additional material available to the COTP, the COTP 
will notify the facility owner or operator of the decision on the 
reclassification of the facility.
    (b) Any facility owner or operator directly affected by an initial 
determination or action of the COTP may submit a written request to the 
cognizant COTP requesting review and reconsideration of the COTP's 
decision or action. The facility owner or operator shall identify those 
factors to be considered by the COTP in making his or her decision on 
reconsideration.
    (c) Within 10 days of the COTP's decision under paragraph (b) of 
this section, the facility owner or operator may appeal the decision of 
the COTP to the District Commander. This appeal shall be made in writing 
via the cognizant COTP to the District Commander of the district in 
which the office of the COTP is located.
    (d) Within 30 days of the District Commander's decision, the 
facility owner or operator may formally appeal the decision of the 
District Commander. This appeal shall be submitted in writing to 
Commandant (CG-535) via the District Commander.
    (e) When considering an appeal, the COTP, District Commander, or 
Commandant may stay the effect of the decision or action being appealed 
pending the determination of the appeal.

[CGD 91-036, 61 FR 7930, Feb. 29, 1996, as amended by CGD 96-026, 61 FR 
33666, June 28, 1996; USCG-2010-0351, 75 FR 36284, June 25, 2010]



   Subpart G_Additional Response Plan Requirements for a Trans-Alaska 

Pipeline Authorization Act (TAPAA) Facility Operating in Prince 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 planning 
requirements for a

[[Page 324]]

facility permitted under the Tans-Alaska Pipeline Authorization Act 
(TAPAA), in addition to the requirements of subpart F of this part. The 
requirements of this subpart are intended for use in developing response 
plans and identifying response resources during the planning process. 
They are not performance standards.
    (b) The information required by this subpart must be included in the 
Prince William Sound facility-specific appendix to the facility response 
plan required by subpart F of this part.



Sec. 154.1115  Definitions.

    In addition to the definitions in this section, the definitions in 
Sec. Sec. 154.105 and 154.1020 apply to this subpart. As used in this 
subpart--
    Crude oil means any liquid hydrocarbon mixture occurring naturally 
in the earth, whether or not treated to render it suitable for 
transportation, and includes crude oil from which certain distillate 
fractions may have been removed, and crude oil to which certain 
distillate fractions may have been added.
    Non-crude oil means any oil other than crude oil.
    Prince William Sound means all State and Federal waters within 
Prince William Sound, Alaska, including the approach to Hinchinbrook 
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 in 
Prince William Sound, Alaska, unless the requirements of this subpart as 
well as Sec. 154.1025 have been met. The owner or operator of a TAPAA 
facility shall certify to the COTP that he or she has provided, through 
an oil spill removal organization required by Sec. 154.1125, the 
necessary response resources to remove, to the maximum extend 
practicable, a worst case discharge or a discharge of 200,000 barrels of 
oil, whichever is grater, in Prince William Sound.
    (b) Coast Guard approval of a TAPAA facility response plan is 
effective only so long as the appropriate Regional Citizens Advisory 
Council(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 the 
following information in the Prince William Sound appendix to the 
response plan required by subpart F of this part:
    (1) Oil spill removal organization. Identification of an oil spill 
removal organization that shall--
    (i) Perform response activities;
    (ii) Provide oil spill removal and containment training, including 
training in the operation of prepositioned equipment for personnel, 
including local residents and fishermen, from the following locations in 
Prince William Sound:
    (A) Valdez;
    (B) Tatitlek;
    (C) Cordova;
    (D) Whittier;
    (E) Chenega; and
    (F) Fish hatcheries located at Port San Juan, Main Bay, Esther 
Island, Cannery Creek, and Solomon Gulch.
    (iii) Provide a plan for training, in addition to the personnel 
listed in paragraph (a)(1)(ii) of this section, sufficient numbers of 
trained personnel to remove, to the maximum extent practicable, a worst 
case discharge; and
    (iv) Address the responsibilities required in Sec. 
154.1035(b)(3)(iii).
    (2) Exercises. Identification of exercise procedures that must--
    (i) Provide for two exercises of the oil spill removal organization 
each year that test the ability of the prepositioned equipment and 
trained personnel required under this subpart to perform effectively;
    (ii) Consist of both announced and unannounced drills; and
    (iii) Include design(s) for exercises that test either the entire 
appendix or individual components(s).
    (3) Testing, inspection, and certification. Identification of a 
testing, inspecting, and certification program for the prepositioned 
response equipment required in Sec. 154.1130 that must provide for--

[[Page 325]]

    (i) Annual testing and equipment inspection in accordance with the 
manufacturer's recommended procedures, to include--
    (A) Start-up and running under load all electrical motors, pumps, 
power packs, air compressors, internal combustion engines, and oil 
recovery devices; and
    (B) Removal for inspection of no less than one-third of required 
boom from storage annually, such that all boom will have been removed 
and 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 equipment is 
on-site and in good operating condition and that required tests and 
inspection have been preformed. The independent entity must have 
appropriate training and expertise to provide this certification.
    (4) Prepositioned response equipment. Identification and location of 
the prepositioned response equipment required in Sec. 154.1130 
including the make, model, and effective daily recovery rate of each oil 
recovery resource.
    (b) The owner or operator of a TAPAA facility shall submit to the 
COTP a schedule for the training and drills required by the geographic-
specific appendix for Prince William Sound for the following calendar 
year.
    (c) All records required by this section must be available for 
inspection by the COTP.



Sec. 154.1130  Requirements for prepositioned response equipment.

    The owner or operator of a TAPAA facility shall provide the 
following prepositioned response equipment, located within Prince 
William Sound, in addition to that required by Sec. Sec. 154.1035, 
154.1045, or 154.1050:
    (a) On-water recovery equipment with a minimum effective daily 
recovery rate of 30,000 barrels capable of being a scene within 2 hours 
of notification of a discharge.
    (b) On-water storage capacity of 100,000 barrels for recovered oily 
material capable of being on scene within 2 hours of notification of a 
discharge.
    (c) On-water recovery equipment with a minimum effective daily 
recovery rate of 40,000 barrels capable of being on scene within 18 
hours of notification of discharge.
    (d) On-water storage capacity of 300,000 barrels for recovered oily 
material capable of being on scene within 12 hours of notification of a 
discharge.
    (e) On-water recovery devices and storage equipment located in 
communities at strategic locations.
    (f) Equipment as identified below, for the locations identified in 
Sec. 154.1125(a)(1)(ii) sufficient for the protection of the 
environment 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 the 
positioning of defensive boom.
    (12) Other appropriate removal equipment for the protection of the 
environment as identified by the COTP.



Sec. 154.1135  Response plan development and evaluation criteria.

    The following response times must be used in determining the on 
scene arrival time in Prince William Sound for the response resources 
required by Sec. 154.1045:

------------------------------------------------------------------------
                                                Tier 1   Tier 2   tier 3
                                                (hrs.)   (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 a vessel 
owner or operator to meet some of all of the requirements of subpart G 
of part 155 of this chapter. The extent to which these requirements are 
met by the contractual arrangement will be determined by the COTP.

[[Page 326]]



 Subpart H_Response Plans for Animal Fats and Vegetable Oils Facilities

    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 in 
developing response plans and identifying response resources during the 
planning process. They are not performance standards.
    (b) This subpart establishes oil spill response planning 
requirements 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, to or 
from a vessel with a capacity of 250 barrels or more; and
    (2) A mobile MTR facility used or intended to be used to transfer 
oil 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, or 
transport animal fats or vegetable oils as ``substantial harm'' 
facilities because they may cause substantial harm to the environment by 
discharging oil.
    (b) The COTP may change the classification of a facility that 
handles, stores, or transports animal fats or vegetable oils. The COTP 
may 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 the 
facility.
    (5) The navigable waters near the facility. Navigable waters is 
defined in 33 CFR part 2.36.
    (6) The fish, wildlife, and sensitive environments near the 
facility.

[USCG-1999-5149, 65 FR 40825, June 30, 2000, as amended 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 in Sec. 
154.1216 as a substantial harm facility, shall prepare and submit to the 
cognizant COTP a response plan that complies with this subpart and all 
sections of subpart F of this part, as appropriate, 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 the COTP 
under Sec. 154.1216(b) as a significant and substantial harm facility, 
shall prepare and submit for review and approval of the cognizant COTP a 
response plan that complies with this subpart and all sections of 
subpart F of this part, as appropriate, except Sec. Sec. 154.1015, 
154.1016, 154.1017, 154.1028, 154.1045 and 154.1047.
    (c) In addition to the requirements in paragraph (a) of this 
section, the response plan for a mobile MTR facility must meet the 
requirements of Sec. 154.1041 subpart F.

[USCG-1999-5149, 65 FR 40825, June 30, 2000]



Sec. 154.1225  Specific response plan development and evaluation criteria and 

other requirements for fixed facilities that handle, store, or transport 

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 include information in 
the response plan that identifies--
    (1) The procedures and strategies for responding to a worst case 
discharge and to an average most probable discharge of an animal fat or 
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 the 
equipment listed in the response plan will operate in the geographic 
area(s) where the facility operates. To determine if the equipment will 
operate, the owner or operator must--
    (1) Use the criteria in Table 1 and Section 2 of appendix C of this 
part; and
    (2) Consider the limitations in the area contingency plan for the 
COTP

[[Page 327]]

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, or 
transports animal fats or vegetable oils must name the personnel and 
list the equipment, including those that are specified in Sec. 
154.1240, that are available by contract or by a method described in 
Sec. 154.1228(a). The owner or operator is not required, but may at 
their option, refer to the tables in Environmental Protection Agency 
regulations, 40 CFR 112, Appendix E, Section 10.0, Tables 6 and 7, to 
determine necessary response resources.
    (d) The owner or operator of a facility that handles, stores, or 
transports animal fats or vegetable oils must ensure that the response 
resources in paragraph (c) of this section are able to effectively 
respond to an incident within the amount of time indicated in the 
following table, unless otherwise specified in Sec. 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
 offshore areas.
------------------------------------------------------------------------

    (e) The owner or operator of a facility that handles, stores, or 
transports animal fats or vegetable oils must--
    (1) List in the plan the personnel and equipment that the owner or 
operator will use to fight fires.
    (2) If there is not enough equipment or personnel located at the 
facility, arrange by contract or a method described in Sec. 
154.1228(a), or through a cooperative agreement with public fire-
fighting resources, to have the necessary personnel and equipment 
available to fight fires.
    (3) Identify an individual located at the facility who will work 
with the fire department on fires, involving an animal fat or vegetable 
oil. The individual--
    (i) Verifies that there are enough trained personnel and operating 
equipment within a reasonable distance to the incident to fight fires.
    (ii) Can be the qualified individual defined in Sec. 154.1020 or an 
appropriate individual located at the facility.
    (f) For a fixed facility, except for facilities that are part of a 
non-transportation-related fixed onshore facility with a storage 
capacity of less than 42,000 gallons, the owner or operator must also 
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 1,000 feet of containment boom or two times the length 
of the longest vessel that regularly conducts operations at the 
facility, whichever is greater, and the means of deploying and anchoring 
the boom within 1 hour of the discovery of an incident. Based on site-
specific or facility-specific information, the COTP may require the 
facility owner or operator to make available additional quantities of 
containment boom within 1 hour of an incident;
    (2) Adequate sorbent material located at the facility;
    (3) Oil recovery devices and recovered oil storage capacity capable 
of being at the incident's site within 2 hours of the discovery of an 
incident; and
    (4) Other appropriate equipment necessary to respond to an incident 
involving the type of oil handled.
    (g) For a mobile facility or a fixed facility that is part of a non-
transportation-related onshore facility with a storage capacity of less 
than 42,000 gallons, the owner or operator must meet the requirements 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 of deploying 
and anchoring the boom within 1 hour of the discovery of an incident. 
Based on site-specific or facility-specific information, the COTP may 
require the facility owner or operator to make available additional 
quantities of containment boom within 1 hour of the discovery of an 
incident;

[[Page 328]]

    (2) Adequate sorbent material capable of being at the site of an 
incident within 1 hour of its discovery;
    (3) Oil recovery devices and recovered oil storage capacity capable 
of being at incident's site within 2 hours of the discovery of an 
incident; and
    (4) Other equipment necessary to respond to an incident involving 
the type of oil handled.
    (h) The response plan for a facility that is located in any 
environment with year-round preapproval for use of dispersants and that 
handles, stores, or transports animal fats and vegetables oils may 
request a credit for up to 25 percent of the worst case planning volume 
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 in Sec. 154.1228(a), the 
availability of specified resources to apply the dispersants and to 
monitor their effectiveness. The extent of the credit for dispersants 
will be based on the volumes of the dispersants available to sustain 
operations at the manufacturers' recommended dosage rates. Other spill 
mitigation techniques, including mechanical dispersal, may be identified 
in the response plan provided they are in accordance with the NCP and 
the applicable ACP. Resources identified for plan credit should be 
capable of being on scene within 12 hours of a discovery of a discharge. 
Identification of these resources does not imply that they will be 
authorized for use. Actual authorization for use during a spill response 
will be governed by the provisions of the NCP and the applicable ACP.

[CGD 91-036, 61 FR 7931, Feb. 29, 1996, as amended by USCG-1999-5149, 65 
FR 40826, June 30, 2000]



Sec. 154.1228  Methods of ensuring the availability of response resources by 

contract or other approved means.

    (a) When required in this subpart, the availability of response 
resources must be ensured by the following methods:
    (1) The identification of an oil spill removal organization with 
specified equipment and personnel available within stipulated response 
times in specified geographic areas. The organization must provide 
written consent to being identified in the plan;
    (2) A document which--
    (i) Identifies the personnel, equipment, and services capable of 
being provided by the oil spill removal organization within stipulated 
response times in the specified geographic areas;
    (ii) Sets out the parties' acknowledgment that the oil spill removal 
organization intends to commit the resources in the event of a response;
    (iii) Permits the Coast Guard to verify the availability of the 
identified response resources through tests, inspections, and drills;
    (iv) Is referenced in the response plan;
    (3) Active membership in a local or regional oil spill removal 
organization that has identified specified personnel and equipment 
required under this subpart that are available to response to a 
discharge within stipulated response times in the specified geographic 
areas;
    (4) Certification by the facility owner or operator that specified 
personnel and equipment required under this subpart are owned, operated, 
or under the direct control of the facility owner or operator, and are 
available within stipulated response times in the specified geographic 
areas; or
    (5) A written contractual agreement with an oil spill removal 
organization. The agreement must identify and ensure the availability of 
specified personnel and equipment required under this subpart within 
stipulated response times in the specified geographic areas.
    (b) The contracts and documents required in paragraph (a) of this 
section must be retained at the facility and must be produced for review 
upon request by the COTP.



Sec. 154.1240  Specific requirements for animal fats and vegetable oils 

facilities that could reasonably be expected to cause substantial harm to the 

environment.

    (a) The owner or operator of a facility, classified under Sec. 
154.1216 as a facility that could reasonably be expected to cause 
substantial harm to the environment, must submit a response plan that 
meets the requirements of Sec. 154.1035, except as modified by this 
section.

[[Page 329]]

    (b) The plan does not need to list the facility or corporate 
organizational structure that the owner or operator will use to manage 
the response, as required by Sec. 154.1035(b)(3)(iii).
    (c) The owner or operator must ensure and identify, by contract or a 
method described in Sec. 154.1228, that the response resources required 
under Sec. 154.1035(b)(3)(iv) are available for a worst case discharge.

[USCG-1999-5149, 65 FR 40827, June 30, 2000]



     Subpart I_Response Plans for Other Non-Petroleum Oil Facilities

    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 requirements 
for an owner or operator of a facility that handles, stores, or 
transports other non-petroleum oils. The requirements of this subpart 
are intended for use in developing response plans and identifying 
response resources during the planning process. They are not performance 
standards.



Sec. 154.1320  Response plan submission requirements.

    An owner or operator of a facility that handles, stores, or 
transports other non-petroleum oils shall submit a response plan in 
accordance with the requirements of this subpart, and with all sections 
of subpart F of this part, except Sec. Sec. 154.1045 and 154.1047, 
which apply to petroleum oils.



Sec. 154.1325  Response plan development and evaluation criteria for facilities that handle, store, or transport other non-petroleum oils.

    (a) An owner or operator of a facility that handles, stores, or 
transports other non-petroleum oils must provide information in his or 
her plan that identifies--
    (1) Procedures and strategies for responding to a worst case 
discharge of other non-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, or 
transports other non-petroleum oils must ensure that any equipment 
identified in a response plan is capable of operating in the conditions 
expected in the geographic area(s) in which the facility operates using 
the criteria in Table 1 of appendix C of this part. When evaluating the 
operability of equipment, the facility owner or operator must consider 
limitations that are identified in the ACPs for the 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, or 
transports other non-petroleum oils must identify the response resources 
that are available by contract or other approved means as described in 
Sec. 154.1028(a). The equipment identified in a response plan must 
include--
    (1) Containment boom, sorbent boom, or other methods for containing 
oil floating on the surface or to protect shorelines from impact;
    (2) Oil recovery devices appropriate for the type of other non-
petroleum oils handled; and
    (3) Other appropriate equipment necessary to respond to a discharge 
involving the type of oil handled.
    (d) Response resources identified in a response plan under paragraph 
(c) of this section must be capable of commencing an effective on-scene 
response within the times specified in this paragraph 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
 offshore areas...................................
------------------------------------------------------------------------

    (e) A response plan for a facility that handles, stores, or 
transports other non-petroleum oils must identify response resources 
with firefighting capability. The owner or operator of a facility that 
does not have adequate firefighting resources located at the facility or 
that cannot rely on sufficient local firefighting resources must 
identify and ensure, by contract or other

[[Page 330]]

approved means as described in Sec. 154.1028(a), the availability of 
adequate firefighting resources. The response plan must also identify an 
individual located at the facility to work with the fire department on 
other non-petroleum oil fires. This individual shall also verify that 
sufficient well-trained firefighting resources are available within a 
reasonable response time to a worst case scenario. The individual may be 
the qualified individual as defined in Sec. 154.1020 and identified in 
the response plan or another appropriate individual located at the 
facility.
    (f) The response plan for a facility that is located in any 
environment with year-round preapproval for use of dispersants and that 
handles, stores, or transports other non-petroleum oils may request a 
credit for up to 25 percent of the worst case planning volume 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 in Sec. 154.1028(a), the availability of 
specified resources to apply the dispersants and to monitor their 
effectiveness. The extent of the credit will be based on the volumes of 
the dispersant available to sustain operations at the manufacturers' 
recommended dosage rates. Identification of these resources does not 
imply that they will be authorized for use. Actual authorization for use 
during a spill response will be governed by the provisions of the NCP 
and the applicable ACP.



 Sec. Appendix A to Part 154--Guidelines for Detonation Flame Arresters

    This appendix contains the draft ASTM standard for detonation flame 
arresters. Devices meeting this standard will be accepted by the 
Commandant (CG-522).
    1. Scope
    1.1 This standard provides the minimum requirements for design, 
construction, performance and testing of detonation flame arresters.
    2. Intent
    2.1 This standard is intended for detonation flame arresters 
protecting systems containing vapors of flammable or combustible liquids 
where vapor temperatures do not exceed 60 [deg]C. For all tests, the 
test media defined in 14.1.1 can be used except where detonation flame 
arresters protect systems handling vapors with a maximum experimental 
safe gap (MESG) below 0.9 millimeters. Detonation flame arresters 
protecting such systems must be tested with appropriate media (the same 
vapor or a media having a MESG no greater than the vapor). Various gases 
and their respective MESG are listed in attachment 1.
    2.2 The tests in this standard are intended to qualify detonation 
flame arresters for all in-line applications independent of piping 
configuration provided the operating pressure is equal to or less than 
the maximum operating pressure limit specified in the manufacturer's 
certification and the diameter of the piping system in which the 
detonation arrester is to be installed is equal to or less than the 
piping diameter used in the testing.

    Note: Detonation flame arresters meeting this standard as Type I 
devices, which are certified to be effective below 0 [deg]C and which 
can sustain three stable detonations without being damaged or 
permanently deformed, also comply with the 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\
---------------------------------------------------------------------------

    \1\ Footnotes appear at the end of this article.

A395 Ferritic Ductile Iron Pressure-Retaining Castings For Use At 
Elevated Temperatures.
F722 Welded Joints for Shipboard Piping Systems
F1155 Standard Practice for Selection and Application of Piping System 
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 Safety Committee 
\3\

MSC/Circ. 373/Rev. 1--Revised Standards for the Design, Testing and 
Locating of Devices to Prevent the Passage of Flame into Cargo Tanks in 
Tankers.

    3.3.3 International Electrotechnical Commission \4\

Publication 79-1--Electrical Apparatus for Explosive Gas Atmospheres.

    4. Terminology
    4.1 [Delta] P/Po--The dimensionless ratio, for any 
deflagration and detonation test of 14.3, of the maximum pressure 
increase (the maximum pressure minus the initial pressure), as measured 
in the piping system on the side

[[Page 331]]

of the arrester where ignition begins by the device described in 
paragraph 14.3.3, to the initial absolute pressure in the piping system. 
The initial pressure should be greater than or equal to the maximum 
operating pressure specified in paragraph 11.1.7.
    4.2 Deflagration--A combustion wave that propagates subsonically (as 
measured at the pressure and temperature of the flame front) by the 
transfer of heat and active chemical species to the unburned gas ahead 
of the flame front.
    4.3 Detonation--A reaction in a combustion wave propagating at sonic 
or supersonic (as measured at the pressure and temperature of the flame 
front) velocity. A detonation is stable when it has a velocity equal to 
the speed of sound in the burnt gas or may be unstable (overdriven) with 
a higher velocity and pressure.
    4.4 Detonation flame arrester--A device which prevents the 
transmission of a detonation and a deflagration.
    4.5 Flame speed--The speed at which a flame propagates along a pipe 
or other system.
    4.6 Flame Passage--The transmission of a flame through a device.
    4.7 Gasoline Vapors--A non-leaded petroleum distillate consisting 
essentially of aliphatic hydrocarbon compounds with a boiling range 
approximating 65 [deg]C/75 [deg]C.
    5. Classification
    5.1 The two types of detonation flame arresters covered in this 
specification are classified as follows:
    5.1.1 Type I--Detonation flame arresters acceptable for applications 
where stationary flames may rest on the device.
    5.1.2 Type II--Detonation flame arresters acceptable for 
applications where stationary flames are unlikely to rest on the device, 
and further methods are provided to prevent flame passage when a 
stationary flame occurs. One example of ``further methods'' is a 
temperature monitor and an automatic shutoff valve.
    6. Ordering Information
    6.1 Orders for detonation flame arresters under this specification 
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 corresponding MESG.
    6.1.4 Inspection and tests other than specified by this standard.
    6.1.5 Anticipated ambient air temperature range.
    6.1.6 Purchaser's inspection requirements (see section 10.1).
    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 drop for 
that maximum flow rate.
    6.1.10 Maximum operating pressure.
    7. Materials
    7.1 The detonation flame arrester housing, and other parts or 
bolting used for pressure retention, shall be constructed of materials 
listed in ASTM F 1155 (incorporated by reference, see Sec. 154.106), or 
section VIII, Division 1 of the ASME Boiler and Pressure Vessel Code. 
Cast and malleable iron shall not be used; however, ductile cast iron in 
accordance with ASTM A395 may be used.
    7.1.1 Arresters, elements, gaskets, and seals must be made of 
materials resistant to attack by seawater and the liquids and vapors 
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 components of the 
detonation flame arrester.
    7.2.1 Nonmetallic gaskets and seals shall be non-combustible and 
suitable for the service intended.
    7.3 Bolting materials, other than that of section 7.1, shall be at 
least equal to those listed in Table 1 of ANSI B16.5.
    7.4 The possibility of galvanic corrosion shall be considered in the 
selection of materials.
    7.5 All other parts shall be constructed of materials suitable for 
the service intended.
    8. Other Requirements
    8.1 Detonation flame arrester housings shall be gas tight to prevent 
the escape of vapors.
    8.2 Detonation flame arrester elements shall fit in the housing in a 
manner that will insure tightness of metal-to-metal contacts in such a 
way that flame cannot pass between the element and the housing.
    8.2.1 The net free area through detonation flame arrester elements 
shall be at least 1.5 times the cross-sectional area of the arrester 
inlet.
    8.3 Housings, elements, and seal gasket materials shall be capable 
of withstanding the maximum and minimum pressures and temperatures to 
which the device may be exposed under both normal and the specified fire 
test conditions in section 14, and shall be capable of withstanding the 
hydrostatic pressure test of section 9.2.3.
    8.4 Threaded or flanged pipe connections shall comply with the 
applicable B16 standards in ASTM F 1155 (incorporated by reference, see 
Sec. 154.106). Welded joints shall comply with ASTM F 722 (incorporated 
by reference, see Sec. 154.106).
    8.5 All flat joints of the housing shall be machined true and shall 
provide for a joint having adequate metal-to-metal contact.
    8.6 Where welded construction is used for pressure retaining 
components, welded joint design details, welding and non-destructive 
testing shall be in accordance with Section VIII, Division 1, of the 
ASME Code and ASTM F 722 (incorporated by reference, see

[[Page 332]]

Sec. 154.106). Welders and weld procedures shall be qualified in 
accordance with section IX of the ASME Code.
    8.7 The design of detonation flame arresters shall allow for ease of 
inspection and removal of internal elements for replacement, cleaning or 
repair without removal of the entire device from the system.
    8.8 Detonation flame arresters shall allow for efficient drainage of 
condensate without impairing their efficiency to prevent the passage of 
flame. The housing may be fitted with one or more drain plugs for this 
purpose. The design of a drain plug should be such so that by cursory 
visual inspection it is obvious whether the drain has been left open.
    8.9 All fastenings shall be protected against loosening.
    8.10 Detonation flame arresters shall be designed and constructed to 
minimize the effect of fouling under normal operating conditions.
    8.11 Detonation flame arresters shall be capable of operating over 
the full range of ambient air temperatures anticipated.
    8.12 Detonation flame arresters shall be of first class workmanship 
and free from imperfections which may affect their intended purpose.
    8.13 Detonation flame arresters shall be tested in accordance with 
section 9.
    9. Tests
    9.1 Tests shall be conducted by an independent laboratory capable of 
performing the tests. The manufacturer, in choosing a laboratory, 
accepts that it is a qualified independent laboratory by determining 
that it has (or has access to) the apparatus, facilities, personnel, and 
calibrated instruments that are necessary to test detonation flame 
arresters in accordance with this standard.
    9.1.1 A test report shall be prepared by the laboratory which shall 
include:
    9.1.1.1 Detailed drawings of the detonation flame arrester and its 
components (including a parts list identifying the materials of 
construction).
    9.1.1.2 Types of tests conducted and results obtained. This shall 
include the maximum temperature reached and the length of testing time 
in section 14.2 in the case of Type II detonation flame arresters.
    9.1.1.3 Description of approved attachments (reference 9.2.6).
    9.1.1.4 Types of gases or vapors for which the detonation flame 
arrester is approved.
    9.1.1.5 Drawings of the test rig.
    9.1.1.6 Record of all markings found on the tested detonation flame 
arrester.
    9.1.1.7 A report number.
    9.2 One of each model Type I and Type II detonation flame arrester 
shall be tested. Where approval of more than one size of a detonation 
flame arrester model is desired, only the largest and smallest sizes 
need be tested provided it is demonstrated by calculation and/or other 
testing that intermediate size devices have equal or greater strength to 
withstand the force of a detonation and have equivalent detonation 
arresting characteristics. A change of design, material, or construction 
which may affect the corrosion resistance, or ability to resist 
endurance burning, deflagrations or detonations shall be considered a 
change of model for the purpose of this paragraph.
    9.2.1 The detonation flame arrester shall have the same dimensions, 
configuration, and most unfavorable clearances expected in production 
units.
    9.2.2 A corrosion test shall be conducted. In this test, a complete 
detonation flame arrester, including a section of pipe similar 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 a period of 240 hours, 
and allowed to dry for 48 hours. Following this exposure, all movable 
parts shall operate properly and there shall be no corrosion deposits 
which cannot be washed off.
    9.2.3 The detonation flame arrester shall be subjected to a 
hydrostatic pressure test of at least 350 psig for ten minutes without 
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 for endurance burn 
and deflagration/detonation in accordance with the test procedures in 
section 14. Type I detonation flame arresters shall show no flame 
passage when subjected to both tests. Type II detonation flame arresters 
shall show no evidence of flame passage during the detonation/
deflagration tests in section 14.3. Type II detonation flame arresters 
shall be tested for endurance burn in accordance with section 14.2. From 
the endurance burn test of a Type II detonation flame arresters, the 
maximum temperature reached and the test duration shall be recorded and 
provided as part of the laboratory test report.
    9.2.6 Where a detonation flame arrester is provided with cowls, 
weather hoods and deflectors, etc., it shall be tested in each 
configuration in which it is provided.
    9.2.7 Detonation flame arresters which are provided with a heating 
arrangement designed to maintain the surface temperature of the device 
above 85 [deg]C shall pass the required tests at the maximum heated 
operating temperature.
    9.2.8 Each finished detonation arrester shall be pneumatically 
tested at 10 psig to ensure there are no defects or leakage.
    10. Inspection
    10.1 The manufacturer shall afford the purchaser's inspector all 
reasonable access necessary to assure that the device is being furnished 
in accordance with this standard.

[[Page 333]]

All examinations and inspections shall be made at the place of 
manufacture, unless otherwise agreed upon.
    10.2 Each finished detonation arrester shall be visually and 
dimensionally checked to ensure that the device corresponds to this 
standard, is certified in accordance with section 11 and is marked in 
accordance with section 12. Special attention shall be given to the 
checking of welds and the proper fit-ups of joints (see sections 8.5 and 
8.6).
    11. Certification
    11.1 Manufacturer's certification that a detonation flame arrester 
meets this standard shall be provided in an instruction manual. The 
manual shall include as applicable:
    11.1.1 Installation instructions and a description of all 
configurations tested (reference paragraph 9.2.6). Installation 
instructions 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 arrester 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, maximum temperature and time tested (Type 
II).
    11.1.6 The ambient air temperature range over which the device will 
effectively prevent the passage of flame.

    Note: Other factors such as condensation and freezing of vapors 
should be evaluated at the time of equipment specification.

    11.1.7 The maximum operating pressure for which the device is 
suitable.
    12. Marking
    12.1 Each detonation flame arrester shall be permanently marked 
indicating:
    12.1.1 Manufacturer's name or trademark.
    12.1.2 Style, type, model or other manufacturer's designation 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 flame arrester.
    12.1.6 Test laboratory and report number.
    12.1.7 Lowest MESG of gases that the detonation flame arrester 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 the characteristics of the 
unit tested in accordance with this standard.
    13.2 The detonation flame arrester manufacturer shall maintain the 
quality of the arresters that are designed, tested and marked in 
accordance with this standard. At no time shall a detonation flame 
arrester be sold with this standard designation that does not meet the 
requirements herein.
    14. Test Procedures for Detonation Arresters
    14.1 Media/Air Mixtures
    14.1.1 For vapors from flammable or combustible liquids with a MESG 
greater than or equal to 0.9 mm, technical grade hexane or gasoline 
vapors shall be used for all tests in this section except technical 
grade propane may be used for the deflagration/detonation tests in 
section 14.3. For vapors with a MESG less than 0.9 mm, the specific 
vapor (or alternatively, a media with a MESG less than or equal to the 
MESG of the vapor) must be used as the test medium in all Section 14 
tests.
    14.1.2 Hexane, propane, gasoline and other test vapors shall be 
mixed with air to form the most easily ignitable mixture. \5\
    14.2 Endurance Burn Test Procedure
    14.2.1 An endurance burning test shall be carried out as follows:
    14.2.1.1 The test rig shall consist of an apparatus producing an 
explosive mixture, a small tank with a diaphragm, a prototype of the 
detonation flame arrester and a firing source in close proximity to the 
test device (see Figure 1). The detonation flame arrester shall be 
installed so that the mixture emission is vertically upwards, or 
installed in the position for which it is designed and which will cause 
the most severe heating of the device under the prescribed endurance 
burn conditions. In this position the mixture shall be ignited.
    14.2.1.2 Endurance burn test shall start by using the most easily 
ignitable test vapor/air mixture with the aid of a pilot flame or a 
spark igniter at the outlet. The flammable mixture may be reignited as 
necessary in the course of the endurance burn.
    14.2.1.3 Temperature measurement will be performed on the surface of 
the arrester element half way between the center and its edge.
    14.2.1.4 By varying the proportions of the flammable mixture and the 
flow rate, the detonation flame arrester shall be heated by a stable 
flame on the surface of the arrester until the highest obtainable 
temperature is reached on the ignited side or until the temperature on 
the side which was not ignited (protected side) rises 100 [deg]C.
    14.2.1.5 The flammable mixture proportions will then be varied again 
until the conditions which result in the highest temperature on the 
protected side are achieved. This temperature shall be maintained for a 
period of ten minutes, after which the flow shall be stopped and the 
conditions observed. The highest attainable temperature is considered to 
have been reached when any subsequent rise of temperature does not 
exceed 0.5 [deg]C per minute over a ten minute period.
    14.2.1.6 If difficulty arises in establishing the highest attainable 
temperature on the protected side, the following criteria shall

[[Page 334]]

apply. When the increase in temperature on the protected side occurs so 
slowly that its temperature does not rise 100 [deg]C, the conditions 
which produced the highest temperature on the ignited side of the 
arrester will be maintained for two hours. For the condition in which 
the temperature on the protected side continues to rise at a rate in 
excess of 0.5 [deg]C per minute for a 10 minute period, endurance 
burning shall be continued, using the most severe conditions of 
flammable mixtures and flow rate, for a period of two hours. In either 
of these cases, at the end of the two hour period, the flow shall be 
stopped and the conditions observed. The two hour interval shall be 
measured commencing with the setting of the conditions which produced 
the most severe conditions of mixture and flow rate. For Type I 
detonation flame arresters, flame passage shall not occur during this 
test. For Type II detonation flame arresters, the maximum temperature 
obtained, and the time elapsed from the time when the most severe 
conditions are set to when flame passage occurs, shall be recorded. 
However, for Type II detonation flame arresters the test may be 
terminated 15 minutes after setting the most severe conditions on the 
protected side.
    14.3 Deflagration/Detonation Test Procedure
    14.3.1 A detonation flame arrester shall be installed at one end of 
a pipe of the same diameter as the inlet of the detonation flame 
arrester (see Figure 2). The length and configuration of the test pipe 
shall develop a stable detonation \6\ at the device and shall be 
capable, by change in its length or configuration, of developing 
deflagrations and unstable (overdriven) detonations as measured on the 
side of the pipe where ignition occurs (run-up side). For deflagration 
testing, two test piping arrangements shall be used on the outlet side 
of the detonation flame arrester (the side which is not ignited). In 
both of the following end arrangements, the outlet side pipe diameter 
shall be equal to that on the run-up side. In one arrangement, the 
outlet side pipe shall be at least 10 pipe diameters long with a plastic 
bag over the free end. (Alternate end of pipe closures are also 
acceptable provided they easily give way during the course of the test, 
and the closure allows the required gas concentration to be maintained 
throughout the test piping arrangement.) In the other arrangement the 
outlet side pipe shall be fitted with a restriction located 0.6 meters 
from the outlet side arrester flange. The size of the restriction for 
each nominal size detonation 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 easily ignitable vapor/air 
mixture to a test pressure corresponding to or greater than the upper 
limit of the device's maximum operating pressure (see 11.1.7). In order 
to obtain this test pressure, a device such as a bursting disc may be 
fitted on the open end of the device in place of the plastic bag. The 
concentration of the mixture should be verified by appropriate testing 
of the gas composition. The vapor/air mixture shall then be ignited.
    14.3.2 Flame speeds shall be measured by optical devices capable of 
providing accuracy of 5%. These devices shall be 
situated no more than a distance equal to 3% of the length of the run-up 
pipe apart with one device no more than 8 inches from the end of the 
test pipe to which the detonation flame arrester is attached. In 
addition, each outlet arrangement described in paragraph 14.3.1 shall be 
fitted with an optical device located no more than 8 inches from the 
detonation flame arrester outlet. \7\
    14.3.3 Explosion pressures within the pipe shall be measured by a 
high frequency transducer situated in the test pipe no more than 8 
inches from the run-up side of the housing of the detonation flame 
arrester.
    14.3.4 Using the first end arrangement (10 pipe diameter outlet) 
described in paragraph 14.3.1, a series of tests shall be conducted to 
determine the test pipe length and configuration that results in the 
maximum unstable (overdriven) detonation having the maximum measured 
flame speed at the detonation flame arrester. (These tests may also be 
carried out using a single length of pipe with igniters spaced at 
varying distances from the arrester.) The flame speeds, explosion 
pressures and test pipe configurations shall be recorded for each of 
these tests. The piping configuration that resulted in the highest 
recorded unstable (overdriven) detonation flame speed shall be used, and 
the device shall be subjected to at least four additional unstable 
(overdriven) detonations. In the course of testing, the device shall 
also demonstrate its ability to withstand five stable detonations, five 
deflagrations (as determined by flame speed) where [Delta] P/
Po was less than 1 and five deflagrations (as determined by 
flame speed) where [Delta] P/Po was greater than 1 but less 
than 10. Initiation of deflagrations shall be at several locations to 
generate a range for [Delta] P/Po. Deflagration tests using 
the restricted outlet arrangement described in paragraph 14.3.1 shall 
then be conducted. In these tests the device shall demonstrate its 
ability to stop five

[[Page 335]]

deflagrations (as determined by flame speed) generated by the same 
configurations which resulted in [Delta] P/Po being less than 
1 during the deflagration tests which were conducted without the 
restricted end arrangements, and five deflagrations (as determined by 
flame speed) generated by the same configurations which resulted in 
[Delta] P/Po being greater than 1 but less than 10 during the 
deflagration tests which were conducted without the restricted end 
arrangements. No evidence of flame passage shall occur during these 
tests. The flame speeds and explosion pressures for each of these tests 
shall be recorded.
    14.3.5 A device that successfully passes the tests of 14.3.4 shall 
be considered to be directional (suitable for arresting a detonation 
advancing only from the direction as tested) except;
    14.3.5.1 A device may be tested according to 14.3.4 for detonations 
approaching from either direction, or
    14.3.5.2 The design of the device is symmetrical where each end may 
be considered to be identical when approached by a detonation from 
either direction.

    \1\ Available from the American Society for Testing and Materials 
(ASTM), 100 Barr Harbor Dr., West Conshohocken, PA 19428-2959.
    \2\ Available from the American Society of Mechanical Engineers 
International, Three Park Avenue, New York, NY 10016-5990.
    \3\ Available from the International Maritime Organization, 4 Albert 
Embankment, London SE1 7SR, England.
    \4\ Available from the International Electrotechnical Commission, 1 
rue de Varembe, Geneva, Switzerland.
    \5\ See IEC Publication 79-1.
    \6\ Some data are available for the estimation of flame speeds in 
horizontal pipes without detonation flame arresters. Some data indicate 
that the presence of small obstacles, fittings or bends in the test pipe 
can accelerate the flame speeds appreciably.
    \7\ Other pressure and/or flame speed measuring techniques may be 
used if effective.

[[Page 336]]

[GRAPHIC] [TIFF OMITTED] TC18OC91.012


[[Page 337]]


[GRAPHIC] [TIFF OMITTED] TC18OC91.013


[[Page 338]]



                              Attachment 1
------------------------------------------------------------------------
                                                    Experimental maximum
                                                          safe gap
            Inflammable gas or vapour             ----------------------
                                                       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; USCG-
2010-0351, 75 FR 36284, June 25, 2010]



Sec. Appendix B to Part 154--Standard Specification for Tank Vent Flame 

                                Arresters

    1. Scope
    1.1 This standard provides the minimum requirements for design, 
construction, performance and testing of tank vent flame arresters.
    2. Intent
    2.1 This standard is intended for flame arresters protecting systems 
containing vapors of flammable or combustible liquids with a flashpoint 
that does not exceed 60 [deg]C. The test media defined in 14.1.1 can be 
used except where arresters protect systems handling vapors with a 
maximum experimental safe gap (MESG) below 0.9 millimeters. Flame 
arresters protecting such systems must be tested with appropriate media 
(the same vapor or a media having a MESG no greater than the vapor). 
Various gases and their respective MESG are listed in Attachment 1.

    Note: Flame arresters meeting this standard also comply with the 
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 for Shipboard Piping 
Systems; F1155 Standard Practice for Selection and Application of Piping 
System Materials
---------------------------------------------------------------------------

    \1\ Footnotes appear at the end of this article.
---------------------------------------------------------------------------

    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 Safety Committee 
\3\ MSC/Circ. 373/Rev. 1--Revised Standards for the Design, Testing and 
Locating of Devices to Prevent the Passage of Flame into Cargo Tanks in 
Tankers.
    3.3.3 International Electrotechnical Commission \4\ Publication 
79.1--Electrical Apparatus for Explosive Gas Atmospheres.
    4. Terminology
    4.1 Flame arrester--A device to prevent the passage of flame in 
accordance with a specified performance standard. Its flame arresting 
element is based on the principle of quenching.
    4.2 Flame speed--The speed at which a flame propagates along a pipe 
or other system.
    4.3 Flame Passage--The transmission of a flame through a flame 
arrester.
    4.4 Gasoline Vapors--A non-leaded petroleum distillate consisting 
essentially of aliphatic hydrocarbon compounds with a boiling range 
approximating 65 [deg]C/75 [deg]C.
    5. Classification
    5.1 The two types of flame arresters covered in this specification 
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-line applications.
    6. Ordering Information
    6.1 Orders for flame arresters under this specification 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 tank being protected by the flame 
arrester, and the corresponding MESG.

[[Page 339]]

    6.1.4 Inspection and tests other than specified by this standard.
    6.1.5 Anticipated ambient air temperature range.
    6.1.6 Purchaser's inspection requirements (see section 10.1).
    6.1.7 Description of installation (distance and configuration of 
pipe between the arrester, and the atmosphere or potential 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 for that 
maximum flow rate.
    7. Materials
    7.1 The flame arrester housing, and other parts or bolting used for 
pressure retention, shall be constructed of materials listed in ASTM F 
1155 (incorporated by reference, see Sec. 154.106), or section VIII, 
Division 1 of the ASME Boiler and Pressure Vessel Code.
    7.1.1 Arresters, elements, gaskets, and seals must be of materials 
resistant to attack by seawater and the liquids and vapors contained 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 components of the 
flame arrester.
    7.2.1 Nonmetallic gaskets and seals shall be non-combustible and 
suitable for the service intended.
    7.3 Bolting materials, other than that of Section 7.1, shall be at 
least equal to those listed in Table 1 of ANSI B16.5.
    7.4 The possibility of galvanic corrosion shall be considered in the 
selection of materials.
    7.5 All other parts shall be constructed of materials suitable for 
the service intended.
    8. Other Requirements
    8.1 Flame arrester housings shall be gas tight to prevent the escape 
of vapors.
    8.2 Flame arrester elements shall fit in the housing in a manner 
that will insure tightness of metal-to-metal contacts in such a way that 
flame cannot pass between the element and the housing.
    8.2.1 The net free area through flame arrester elements shall be at 
least 1.5 times the cross-sectional area of the arrester inlet.
    8.3 Housings and elements shall be of substantial construction and 
designed for the mechanical and other loads intended during service. In 
addition, they shall be capable of withstanding the maximum and minimum 
pressures and temperatures to which the device may be exposed under both 
normal and the specified fire test conditions in section 14.
    8.4 Threaded or flanged pipe connections shall comply with the 
applicable B16 standards in ASTM F 1155 (incorporated by reference, see 
Sec. 154.106). Welded joints shall comply with ASTM F 722 (incorporated 
by reference, see Sec. 154.106).
    8.5 All flat joints of the housing shall be machined true and shall 
provide for a joint having adequate metal-to-metal contact.
    8.6 Where welded construction is used for pressure retaining 
components, welded joint design details, welding and non-destructive 
testing shall be in accordance with section VIII, Division 1, of the 
ASME Code and ASTM F 722 (incorporated by reference, see Sec. 154.106). 
Welders and weld procedures shall be qualified in accordance with 
section IX of the ASME Code.
    8.7 The design of flame arresters shall allow for ease of inspection 
and removal of internal elements for replacement, cleaning or repair 
without removal of the entire device from the system.
    8.8 Flame arresters shall allow for efficient drainage of condensate 
without impairing their efficiency to prevent the passage of flame.
    8.9 All fastenings shall be protected against loosening.
    8.10 Flame arresters shall be designed and constructed to minimize 
the effect of fouling under normal operating conditions.
    8.11 Flame arresters shall be capable of operating over the full 
range of ambient air temperatures anticipated.
    8.12 End-of-line flame arresters shall be so constructed as to 
direct the efflux vertically upward.
    8.13 Flame arresters shall be of first class workmanship and free 
from imperfections which may affect their intended purpose.
    8.14 Tank vent flame arresters shall show no flame passage when 
subjected to the tests in 9.2.4.
    9. Prototype Tests
    9.1 Tests shall be conducted by an independent laboratory capable of 
performing the tests. The manufacturer, in choosing a laboratory, 
accepts that it is a qualified independent laboratory by determining 
that it has (or has access to) the apparatus, facilities, personnel, and 
calibrated instruments that are necessary to test flame arresters in 
accordance with this standard.
    9.1.1 A test report shall be prepared by the laboratory which shall 
include:
    9.1.1.1 Detailed drawings of the flame arrester and its components 
(including a parts list identifying the materials of construction).
    9.1.1.2 Types of tests conducted and results obtained.
    9.1.1.3 Specific advice on approved attachments (see section 
9.2.4.1).
    9.1.1.4 Types of gases or vapors for which the flame arrester 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 flame arrester.
    9.1.1.7 A report number.

[[Page 340]]

    9.2 One of each model Type I and Type II flame arrester shall be 
tested. Where approval of more than one size of a flame arrester model 
is desired, the largest and smallest sizes shall be tested. A change of 
design, material, or construction which may affect the corrosion 
resistance, endurance burn, or flashback capabilities of the flame 
arrester shall be considered a change of model for the purpose of this 
paragraph.
    9.2.1 The flame arrester shall have the same dimensions, 
configuration, and the most unfavorable clearances expected in 
production units.
    9.2.2 A corrosion test shall be conducted. In this test, a complete 
arrester, including a section of pipe similar to that to which it will 
be fitted, shall be exposed to a 20% sodium chloride solution spray at a 
temperature of 25 degrees C for a period of 240 hours, and allowed to 
dry for 48 hours. Following this exposure, all movable parts shall 
operate properly and there shall be no corrosion deposits which cannot 
be washed off.
    9.2.3 Performance characteristics as declared by the manufacturer, 
such as flow rates under both positive and negative pressure, operating 
sensitivity, flow resistance, and velocity, shall be demonstrated by 
appropriate tests.
    9.2.4 Tank vent flame arresters shall be tested for endurance burn 
and flashback in accordance with the test procedures in section 14. The 
following constraints apply:
    9.2.4.1 Where a Type I flame arrester is provided with cowls, 
weather hoods and deflectors, etc., it shall be tested in each 
configuration in which it is provided.
    9.2.4.2 Type II arresters shall be specifically tested with the 
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 arrangement shall 
pass the required tests at the heated temperature.
    9.2.6 After all tests are completed, the device shall be 
disassembled and examined, and no part of the device shall be damaged or 
show permanent deformation.
    10. Inspection
    10.1 The manufacturer shall afford the purchaser's inspector all 
reasonable facilities necessary to assure that the material is being 
furnished in accordance with this standard. All examinations and 
inspections shall be made at the place of manufacture, unless otherwise 
agreed upon.
    10.2 Each finished flame arrester shall be visually and 
dimensionally checked to ensure that the device corresponds to this 
standard, is certified in accordance with section 11 and is marked in 
accordance with section 12. Special attention shall be given to checking 
the proper fit-up of joints (see sections 8.5 and 8.6)
    11. Certification
    11.1 Manufacturer's certification that a flame arrester has been 
constructed in accordance with this standard shall be provided in an 
instruction manual. The manual shall include as applicable:
    11.1.1 Installation instructions and a description of all 
configurations tested (reference paragraph 9.2.4.1 and 9.2.4.2). 
Installation instructions to include manufacturer's recommended 
limitations 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 flame arrester 
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 both positive and 
negative pressures, operating sensitivity, flow resistance, and 
velocity.
    11.1.6 The ambient air temperature range over which the device will 
effectively prevent the passage of flame. (Note: Other factors such as 
condensation and freezing of vapors should be evaluated at the time of 
equipment specification.)
    12. Marking
    12.1 Each flame arrester shall be permanently marked indicating:
    12.1.1 Manufacturer's name or trademark.
    12.1.2 Style, type, model or other manufacturer's designation 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 is suitable 
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 and tested in a 
manner that ensures they meet the characteristics of the unit tested in 
accordance with this standard.
    13.2 The flame arrester manufacturer shall maintain the quality of 
the flame arresters that are designed, tested and marked in accordance 
with this standard. At no time shall a flame arrester be sold with this 
standard designation that does not meet the requirements herein.
    14. Test Procedures for Flame Arresters
    14.1 Media/Air Mixtures
    14.1.1 For vapors from flammable or combustible liquids with a MESG 
greater than or equal to 0.9 mm, technical grade hexane or gasoline 
vapors shall be used for all tests in this section except technical 
grade propane may be used for the flashback test in Section 14.2. For 
vapors with a MESG less than 0.9 mm, the specific vapor (or 
alternatively, a media with a MESG less than or equal to the

[[Page 341]]

MESG of the vapor) must be used as the test medium in all section 14 
tests.
    14.1.2 Hexane, propane, gasoline and chemical vapors shall be mixed 
with air to form the most easily ignitable mixture. \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 apparatus producing an 
explosive mixture, a small tank with a diaphragm, a prototype of the 
flame arrester, a plastic bag \6\ and a firing source in three positions 
(see Figure 1). \7\
    14.2.1.2 The tank, flame arrester assembly and the plastic bag 
enveloping the prototype flame arrester shall be filled so that this 
volume contains the most easily ignitable vapor/air mixture. \8\ The 
concentration of the mixture should be verified by appropriate testing 
of the gas composition in the plastic bag. Three ignition sources shall 
be installed along the axis of the bag, one close to the flame arrester, 
another as far away as possible therefrom, and the third at the midpoint 
between these two. These three sources shall be fired in succession, one 
during each of the three tests. Flame passage shall not occur during 
this test.
    14.2.1.3 If flame passage occurs, the tank diaphragm will burst and 
this will be audible and visible to the operator by the emission of a 
flame. Flame, heat and pressure sensors may be used as an alternative to 
a bursting diaphragm.
    14.3 Endurance Burn Test
    14.3.1 An endurance burning test shall be carried out as follows:
    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 that the 
mixture emission is vertical. In this position the mixture shall be 
ignited.
    14.3.1.2 Endurance burning shall be achieved by using the most 
easily ignitable test vapor/air mixture with the aid of a pilot flame or 
a spark igniter at the outlet. By varying the proportions of the 
flammable mixture and the flow rate, the arrester shall be heated until 
the highest obtainable temperature on the cargo tank side of the 
arrester is reached. The highest attainable temperature may be 
considered to have been reached when the rate of rise of temperature 
does not exceed 0.5 [deg]C per minute over a ten minute period. This 
temperature shall be maintained for a period of ten minutes, after which 
the flow shall be stopped and the conditions observed. If difficulty 
arises in establishing the highest attainable temperature, the following 
criteria shall apply. When the temperature appears to be approaching the 
maximum temperature, using the most severe conditions of flammable 
mixtures and flow rate, but increases at a rate in excess of 0.5 [deg]C 
per minute over a ten minute period, endurance burning shall be 
continued for a period of two hours after which the flow shall be 
stopped and the conditions observed. Flame passage shall not occur 
during this test.

    \1\ American Society for Testing and Materials (ASTM), 100 Barr 
Harbor Dr., West Conshohocken, PA 19428-2959.
    \2\ Available from the American Society of Mechanical Engineers 
International, Three Park Avenue, New York, NY 10016-5990.
    \3\ Available from the International Maritime Organization, 4 Albert 
Embankment, London SEl 7SR, England.
    \4\ Available from the International Electrotechnical Commission, 1 
rue de Varembe, Geneva, Switzerland
    \5\ See IEC Publication 79-1.
    \6\ The dimensions of the plastic bag are dependent on those of the 
flame arrester. The plastic bag may have a circumference of 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 from falling back 
on to the flame arrester being tested after ignition of the fuel/air 
mixture, it may be useful to mount a coarse wire frame across the flame 
arrester within the plastic bag. The frame should be constructed so as 
not to interfere with the test result.
    \8\ See IEC Publication 79-1.

[[Page 342]]

[GRAPHIC] [TIFF OMITTED] TC18OC91.014


[[Page 343]]



                              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 by USCG-1999-5832, 
64 FR 34715, June 29, 1999; USCG-2000-7223, 65 FR 40058, June 29, 2000]



 Sec. Appendix C to Part 154--Guidelines for Determining and Evaluating 

         Required Response Resources for Facility Response Plans

                               1. Purpose

    1.1 The purpose of this appendix is to describe the procedures for 
identifying response resources to meet the requirements of subpart F of 
this part. These guidelines will be used by the facility owner or 
operator in preparing the response plan and by the Captain of the Port 
(COTP) when reviewing them. Response resources identified in subparts H 
and I of this part should be selected using the 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 be designed to 
operate in the conditions expected in the facility's geographic area. 
These conditions vary widely based on location and season. Therefore, it 
is difficult to identify a single stockpile of response equipment that 
will function effectively in each geographic location.
    2.2 Facilities handling, storing, or transporting oil in more than 
one operating environment as indicated in Table 1 of this appendix must 
identify equipment capable of successfully functioning in each operating 
environment.
    2.3 When identifying equipment for response plan credit, a facility 
owner or operator must consider the inherent limitations in the 
operability of equipment components and response systems. The criteria 
in Table 1 of this appendix should be used for evaluating the 
operability in a given environment. These criteria reflect the general 
conditions in certain operating areas.
    2.3.1 The Coast Guard may require documentation that the boom 
identified in a response plan meets the criteria in Table 1. Absent 
acceptable documentation, the Coast Guard may require that the boom be 
tested to demonstrate that it meets the criteria in Table 1. Testing 
must be in accordance with ASTM F 715 (incorporated by reference, see 
Sec. 154.106), or other tests approved by the Coast Guard.
    2.4 Table 1 of this appendix lists criteria for oil recovery devices 
and boom. All other equipment necessary to sustain or support response 
operations in the specified operating environment must be designed to 
function in the same conditions. For example, boats which deploy or 
support skimmers or boom must be capable of being safely operated in the 
significant wave heights listed for the applicable operating 
environment.
    2.5 A facility owner or operator must refer to the applicable local 
contingency plan or ACP, as appropriate, to determine if ice, debris, 
and weather-related visibility are significant factors in evaluating the 
operability of equipment. The local contingency plan or ACP will also 
identify the average temperature ranges expected in the facility's 
operating area. All equipment identified in a response plan must be 
designed to operate within those conditions or ranges.
    2.6 The requirements of subparts F, G, H and I of this part 
establish response resource mobilization and response times. The 
distance of the facility from the storage location of the response 
resources must be used to determine whether the resources can arrive on 
scene within the stated time. A facility owner or operator shall include 
the time for notification, mobilization, and travel time of response 
resources identified to meet the maximum most probable discharge and 
Tier 1 worst case discharge response time requirements. For subparts F 
and G, tier 2 and 3 response resources must be notified and

[[Page 344]]

mobilized as necessary to meet the requirements for arrival on scene in 
accordance with Sec. Sec. 154.1045 or 154.1047 of 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 is assumed unless the facility owner 
or operator can demonstrate otherwise.
    2.7 For subparts F and G, in identifying equipment, the facility 
owner or operator shall list the storage location, quantity, and 
manufacturer's make and model. For oil recovery devices, the effective 
daily recovery capacity, as determined using section 6 of this appendix 
must be included. For boom, the overall boom height (draft plus 
freeboard) should be included. A facility owner or operator is 
responsible for ensuring that identified boom has compatible connectors.
    2.8 For subparts H and I, in identifying equipment, the facility 
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 or operator is 
responsible for ensuring that identified boom has compatible connectors.

3. Determining Response Resources Required for the Average Most Probable 
                                Discharge

    3.1 A facility owner or operator shall identify sufficient response 
resources available, through contract or other approved means as 
described in Sec. 154.1028(a), to respond to the average most probable 
discharge. The equipment must be designed to function in the 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 length of the 
largest vessel that regularly conducts oil transfers to or from the 
facility, whichever is greater, and a means deploying it available at 
the spill site within 1 hour of the discovery of a spill.
    3.2.2 Oil recovery devices with an effective daily recovery capacity 
equal to the amount of oil discharged in an average most probable 
discharge or greater available at the facility within 2 hours of the 
detection of an oil discharge.
    3.2.3 Oil storage capacity for recovered oily material indicated in 
section 9.2 of this appendix.

4. Determining Response Resources Required for the Maximum Most Probable 
                                Discharge

    4.1 A facility owner or operator shall identify sufficient response 
resources available, by contract or other approved means as described in 
Sec. 154.1028(a), to respond to discharges up to the maximum most 
probable discharge volume for that facility. This will require response 
resources capable of containing and collecting up to 1,200 barrels of 
oil or 10 percent of the worst case discharge, whichever is less. All 
equipment identified must be designed to operate in the applicable 
operating environment specified in Table 1 of this appendix.
    4.2 Oil recovery devices identified to meet the applicable maximum 
most probable discharge volume planning criteria must be located such 
that they arrive on scene within 6 hours in higher volume port areas (as 
defined in 154.1020) and the Great Lakes and within 12 hours in all 
other areas.
    4.3 Because rapid control, containment, and removal of oil is 
critical to reduce spill impact, the effective daily recovery capacity 
for oil recovery devices must equal 50 percent of the planning volume 
applicable for the facility as determined in section 4.1 of this 
appendix. The effective daily recovery capacity for oil recovery devices 
identified in the plan must be determined using the criteria in section 
6 of this appendix.
    4.4 In addition to oil recovery capacity, the plan must identify 
sufficient quantities of containment boom available, by contract or 
other approved means as described in Sec. 154.1028(a), to arrive within 
the required response times for oil collection and containment and for 
protection of fish and wildlife and sensitive environments. While the 
regulation does not set required quantities of boom for oil collection 
and containment, the response plan must identify and ensure, by contract 
or other approved means as described in Sec. 154.1028(a), the 
availability of the boom identified in the plan for this purpose.
    4.5 The plan must indicate the availability of temporary storage 
capacity to meet the guidelines of section 9.2 of this appendix. If 
available storage capacity is insufficient to meet this level, then the 
effective daily recovery capacity must be derated to the limits of the 
available storage capacity.
    4.6 The following is an example of a maximum most probable discharge 
volume planning calculation for equipment identification in a higher 
volume port area: The facility's worst case discharge volume is 20,000 
barrels. Ten percent of this is 2,000 barrels. Since this is greater 
than 1,200 barrels, 1,200 barrels is used as the planning volume. The 
effective daily recovery capacity must be 50 percent of this, or 600 
barrels per day. The ability of oil recovery devices to meet this 
capacity will be calculated using the procedures in section 6 of this 
appendix. Temporary storage capacity available on scene must equal twice 
the daily recovery rate as indicated in section 9 of this appendix, or 
1,200 barrels per day. This is the information the facility owner or 
operator will use to identify and ensure the availability of, through 
contract or other approved means as described in Sec. 154.1028(a), the 
required response resources. The facility owner will also

[[Page 345]]

need to identify how much boom is available for use.

5. Determining Response Resources Required for the Worst Case Discharge 
                    to the Maximum Extent Practicable

    5.1 A facility owner or operator shall identify and ensure 
availability of, by contract or other approved means, as described in 
Sec. 154.1028(a), sufficient response resources to respond to the worst 
case discharge of oil to the maximum extent practicable. Section 7 of 
this appendix describes the method to determine the required response 
resources.
    5.2 Oil spill response resources identified in the response plan and 
available through contract or other approved means, as described in 
Sec. 154.1028(a), to meet the applicable worst case discharge planning 
volume must be located such that they can arrive at the scene of a 
discharge within the times specified for the applicable response tiers 
listed in Sec. 154.1045.
    5.3 The effective daily recovery capacity for oil recovery devices 
identified in a response plan must be determined using the criteria in 
section 6 of this appendix. A facility owner or operator shall identify 
the storage locations of all response resources that must be used to 
fulfill the requirements for each tier. The owner or operator of a 
facility whose required daily recovery capacity exceeds the applicable 
response capability caps in Table 5 of this appendix shall identify 
sources of additional equipment, their locations, and the arrangements 
made to obtain this equipment during a response. The owner or operator 
of a facility whose calculated planning volume exceeds the applicable 
contracting caps in Table 5 shall identify sources of additional 
equipment equal to twice the cap listed in Tiers 1, 2, and 3 or the 
amount necessary to reach the calculated planning volume, whichever is 
lower. The resources identified above the cap must be capable of 
arriving on scene not later than the Tiers 1, 2, and 3 response times in 
Sec. 154.1045. No contract is required. While general listings of 
available response equipment may be used to identify additional sources, 
a response plan must identify the specific sources, locations, and 
quantities of equipment that a facility owner or operator has considered 
in his or her planning. When listing Coast Guard classified oil spill 
removal organization(s) which have sufficient removal capacity to 
recover the volume above the response capability cap for the specific 
facility, as specified in Table 5 of this appendix, it is not necessary 
to list specific quantities of equipment.
    5.4 A facility owner or operator shall identify the availability of 
temporary storage capacity to meet the requirements of section 9.2 of 
this appendix. If available storage capacity is insufficient to meet 
this requirement, then the effective daily recovery capacity must be 
derated to the limits of the availabile storage capacity.
    5.5 When selecting response resources necessary to meet the response 
plan requirements, the facility owner or operator must ensure that a 
portion of those resources are capable of being used in close-to-shore 
response activities in shallow water. The following percentages of the 
on-water response equipment identified for the applicable geographic 
area must be capable of operating in waters of 6 feet or less depth:
    (i) Offshore--10 percent
    (ii) Nearshore/inland/Great Lakes/rivers and canals--20 percent.
    5.6 In addition to oil spill recovery devices, a facility owner or 
operator shall identify sufficient quantities of boom that are 
available, by contract or other approved means as described in Sec. 
154.1028(a), to arrive on scene within the required response times for 
oil containment and collection. The specific quantity of boom required 
for collection and containment will depend on the specific recovery 
equipment and strategies employed. A facility owner or operator shall 
also identify sufficient quantities of oil containment boom to protect 
fish and wildlife and sensitive environments for the number of days and 
geographic areas specified in Table 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 in Sec. 154.1028(a), to protect fish and wildlife and 
sensitive environments.
    5.7 A facility owner or operator must also identify, through 
contract or other approved means as described in Sec. 154.1028(a), the 
availability of an oil spill removal organization capable of responding 
to a shoreline cleanup operation involving the calculated volume of oil 
and emulsified oil that might impact the affected shoreline. The volume 
of oil that must be planned for is calculated through the application of 
factors contained in Tables 2 and 3. The volume calculated from these 
tables is intended to assist the facility owner or operator in 
identifying a contractor with sufficient resources and expertise. This 
planning volume is not used explicitly to determine a required amount of 
equipment and personnel.

   6. Determining Effective Daily Recovery Capacity for Oil Recovery 
                                 Devices

    6.1 Oil recovery devices identified by a facility owner or operator 
must be identified by manufacturer, model, and effective daily recovery 
capacity. These rates must be used to determine whether there is 
sufficient capacity to meet the applicable planning critieria for the 
average most probable discharge, maximum most probable discharge, and 
worst case discharge to the maximum extent practicable.

[[Page 346]]

    6.2 For the purpose of determining the effective daily recovery 
capacity of oil recovery devices, the formula listed in section 6.2.1 of 
this appendix will be used. This method considers potential limitations 
due to available daylight, weather, sea state, and percentage of 
emulsified oil in the recovered material. The Coast Guard may assign a 
lower efficiency factor to equipment listed in a response plan if it 
determines that such a reduction is warranted.
    6.2.1 The following formula must be used to calculate the effective 
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 by Coast 
Guard)
    6.2.2 For those devices in which the pump limits the throughput of 
liquid, throughput rate will be calculated using the pump capacity.
    6.2.3 For belt or mop type devices, the throughput rate will be 
calculated using the speed of the belt or mop through the device, 
assumed thickness of oil adhering to or collected by the device, and 
surface area of the belt or mop. For purposes of this calculation, the 
assumed thickness of oil will be 1/4 inch.
    6.2.4 Facility owners or operators including oil recovery devices 
whose throughput is not measurable using a pump capacity or belt/mop 
speed may provide information to support an alternative method of 
calculation. This information must be submitted following the procedures 
in paragraph 6.3.2 of this appendix.
    6.3 As an alternative to 6.2, a facility owner or operator may 
submit adequate evidence that a different effective daily recovery 
capacity should be applied for a specific oil recovery device. Adequate 
evidence is actual verified performance data in spill conditions or 
tests using ASTM F 631 (incorporated by reference, see Sec. 154.106), 
or an equivalent test approved by the Coast Guard.
    6.3.1 The following formula must be used to calculate the effective 
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 F 808; 
Item 13.2.16 in ASTM F 631; or actual performance data)
U=Hours per day that a facility owner or operator can document 
capability to operate equipment under spill conditions. Ten hours per 
day must be used unless a facility owner or operator can demonstrate 
that the recovery operation can be sustained for longer periods.

    6.3.2 A facility owner or operator proposing a different effective 
daily recovery rate for use in a response plan shall provide data for 
the oil recovery devices listed. The following is an example of these 
calculations:
    A weir skimmer identified in a response plan has a manufacturer's 
rated 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 recovery rate 
is determined to be 220 gpm. The facility owner of operator identifies 
sufficient response resources available to support operations 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 rate 
if sufficient temporary oil storage capacity is available. 
Determinations of alternative efficiency factors under paragraph 6.2 or 
alternative effective daily recovery capacities under paragraph 6.3 of 
this appendix will be made by Commandant, (CG-535), 2100 2nd St., SW., 
Stop 7363, Washington, DC 20593-7363. Response contractors or equipment 
manufacturers may submit required information on behalf of multiple 
facility owners or operators directly in lieu of including 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 response to a 
facility's worst case discharge. The planning for on-water recovery must 
take into account a loss of some oil to the environment due to 
evaporative and natural dissipation, potential increases in volume due 
to emulsification, and the potential for deposit of some oil on the 
shoreline.
    7.2 The following procedures must be used to calculate the planning 
volume used by a facility owner or operator for determining required on 
water recovery capacity:
    7.2.1 The following must be determined: The worst case discharge 
volume of oil in the facility; the appropriate group(s) for the type of 
oil handled, stored, or transported at the facility (non-persistent 
(Group I) or persistent (Groups II, III, or IV)); and the facility's 
specific operating area. Facilities which handle, store, or transport 
oil from different petroleum oil groups must calculate each group 
separately. This information is to be used with Table 2 of this appendix 
to determine the percentages of the total volume to be used for removal 
capacity planning. This table divides the volume into three categories: 
Oil lost to the environment; oil deposited on the shoreline; and oil 
available for on-water recovery.
    7.2.2 The on-water oil recovery volume must be adjusted using the 
appropriate emulsification factor found in Table 3 of this appendix. 
Facilities which handle, store, or

[[Page 347]]

transport oil from different petroleum groups must assume that the oil 
group resulting in the largest on-water recovery volume will be stored 
in the tank or tanks identified as constituting the worst case 
discharge.
    7.2.3 The adjusted volume is multiplied by the on-water oil recovery 
resource mobilization favor found in Table 4 of this appendix from the 
appropriate operating area and response tier to determine the total on-
water oil recovery capacity in barrels per day that must be identified 
or contracted for to arrive on-scene with the applicable time for each 
response tier. Three tiers are specified. For higher volume port areas, 
the contracted tiers of resources must be located such that they can 
arrive on scene within 6, 30, and 54 hours of the discovery of an oil 
discharge. For all other river, inland, nearshore, offshore areas, and 
the Great Lakes, these tiers are 12, 36, and 60 hours.
    7.2.4 The resulting on-water recovery capacity in barrels per day 
for each tier must be used to identify response resources necessary to 
sustain operations in the applicable operating area. The equipment must 
be capable of sustaining operations for the time period specified in 
Table 2 of this appendix. The facility owner or operator must identify 
and ensure the availability, through contract or other approved means as 
described in Sec. 154.1028(a), of sufficient oil spill recovery devices 
to provide the effective daily recovery oil recovery capacity required. 
If the required capacity exceeds the applicable cap specified in Table 5 
of this appendix, then a facility owner or operator shall ensure, by 
contract or other approved means as described in Sec. 154.1028(a), only 
for the quantity of resources required to meet the cap, but shall 
identify sources of additional resources as indicated in Sec. 
154.1045(m). The owner or operator of a facility whose planning volume 
exceeds the cap for 1993 must make arrangements to identify and ensure 
the availability, through contract or other approved means as described 
in Sec. 154.1028(a), of the additional capacity in 1998 or 2003, as 
appropriate. For a facility that handles, stores, or transports multiple 
groups of oil, the required effective daily recovery capacity for each 
group is calculated before applying the cap.
    7.3 The following procedures must be used to calculate the planning 
volume for identifying shoreline cleanup capacity:
    7.3.1 The following must be determined: The worst case discharge 
volume of oil for the facility; the appropriate group(s) for the type of 
oil handled, stored, or transported at the facility (non-persistent 
(Group I) or persistent (Groups II, III, or IV)); and the operating 
area(s) in which the facility operates. For a facility storing oil from 
different groups, each group must be calculated separately. Using this 
information, Table 2 of this appendix must be used to determine the 
percentages of the total planning volume to be used for shoreline 
cleanup resource planning.
    7.3.2 The shoreline cleanup planning volume must be adjusted to 
reflect an emulsification factor using the same procedure as described 
in section 7.2.2.
    7.3.3 The resulting volume will be used to identify an oil spill 
removal organization with the appropriate shoreline cleanup capability.
    7.3.4 The following is an example of the procedure described above: 
A facility receives oil from barges via a dock located on a bay and 
transported by piping to storage tanks. The facility handles Number 6 
oil (specific gravity .96) and stores the oil in tanks where it is held 
prior to being burned in an electric generating plant. The MTR segment 
of the facility has six 18-inch diameter pipelines running one mile from 
the dock-side manifold to several storage tanks which are located in the 
non-transportation-related portion of the facility. Although the 
facility piping has a normal working pressure of 100 pounds per square 
inch, the piping has a maximum allowable working pressure (MAWP) of 150 
pounds per square inch. At MAWP, the pumping system can move 10,000 
barrels (bbls) of Number 6 oil every hour through each pipeline. The 
facility has a roving watchman who is required to drive the length of 
the piping every 2 hours when the facility is receiving oil from a 
barge. The facility operator estimates that it will take approximately 
10 minutes to secure pumping operations when a discharge is discovered. 
Using the definition of worst case discharge provided in Sec. 
154.1029(b)(ii), the following calculation is provided:

 
                                                                  bbls.
 
2 hrs + 0.17 hour x 10,000 bbls per hour......................    21,700
Piping volume = 37,322 ft \3\ / 5.6 ft \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.7 x 1.4 = 
166,780 bbls.

    Conclusion: The facility owner or operator must contract with a 
response resource capable of managing a 166,780 barrel shoreline 
cleanup.
    To calculate the planning volumes for on-water recovery:


[[Page 348]]


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: Inland 170,184x.5x1.4 = 119,128 
bbls.

    To determine the required resources for on-water recovery for each 
tier, use the mobilization factors from Table 4:

------------------------------------------------------------------------
                                                Tier 1   Tier 2   Tier 3
------------------------------------------------------------------------
Inland = 119,128 bbls........................    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 exceed 
the caps, the facility owner will only need to contract for 10,000 bpd 
for Tier 1, 20,000 bpd for Tier 2, and 40,000 bpd for Tier 3. Sources 
for the bpd on-water recovery resources above the caps for all three 
Tiers need only be identified in the response plan.
    Twenty percent of the capability for Inland, for all tiers, must be 
capable of operating in water with a depth of 6 feet or less.
    The facility owner or operator will also be required to identify or 
ensure, by contract or other approved means as described in Sec. 
154.1028(a), sufficient response resources required under Sec. Sec. 
154.1035(b)(4) and 154.1045(k) to protect fish and wildlife and 
sensitive environments identified in the response plan for the worst 
case discharge from the facility.
    The COTP has the discretion to accept that a facility can operate 
only a limited number of the total pipelines at a dock at a time. In 
those circumstances, the worst case discharge must include the drainage 
volume from the piping normally not in use in addition to the drainage 
volume and volume of oil discharged during discovery and shut down of 
the oil discharge from the operating piping.

       8. Determining the Capability of High-Rate Response Methods

    8.1. Calculate cumulative dispersant application capacity as 
follows:
    8.1.1 A facility owner or operator must plan either for a dispersant 
capacity to respond to a facility's worst case discharge (WCD) of oil, 
or for the amount of the dispersant resource cap as required by Sec. 
154.1045(i)(3) of this chapter, whichever is the lesser amount. When 
planning for the cumulative application capacity required, the 
calculations must account for the loss of some oil to the environment 
due to natural dissipation causes (primarily evaporation). The following 
procedure must be used to determine the cumulative application 
requirements:
    8.1.2 Determine the WCD volume of oil in gallons and the appropriate 
oil group for the type of petroleum oil (persistent Groups II, III, and 
IV). For facilities with mixed petroleum oils, assume a total WCD volume 
using the group that constitutes the largest portion of the oil being 
handled or the group with the smallest natural dissipation factor;
    8.1.3 Multiply the total WCD amount in gallons by the natural 
dissipation factor for the appropriate oil group as follows: Group II 
factor is 0.50; Group III is 0.30; and Group IV is 0.10. This represents 
the amount of oil that can be expected to be lost to natural dissipation 
in a nearshore environment. Subtract the oil amount lost to natural 
dissipation from the total WCD amount to determine the remaining oil 
available for treatment by dispersant application; and
    8.1.4 Multiply the oil available for dispersant treatment by the 
dispersant-to-oil planning application ratio of 1 part dispersant to 20 
parts oil (0.05). The resulting number represents the cumulative total 
dispersant-application capability that must be ensured available within 
the first 60 hours.
    8.1.5(i) The following is an example of the procedure described in 
paragraphs 8.1.1 through 8.1.4 above: A facility with a 1,000,000 gallon 
WCD of crude oil (specific gravity 0.87) is located in an area with pre-
authorization for dispersant use in the nearshore environment on the 
U.S. East Coast:
    WCD: 1,000,000 gallons, Group III oil.
    Natural dissipation factor for Group III: 30 percent.
    General formula to determine oil available for dispersant treatment: 
(WCD)-[(WCD) x (natural dissipation factor)] = available oil.
    E.g., 1,000,000 gal-(1,000,000 gal x .30) = 700,000 gallons of 
available oil.
    Cumulative application capacity = Available oil x planning 
application ratio (1 gal dispersant/20 gals oil = 0.05).
    E.g., 700,000 gal oil x (0.05) = 35,000 gallons cumulative 
dispersant-application capacity.
    (ii) The requirements for cumulative dispersant-application capacity 
(35,000 gallons) for this facility's WCD is less than the overall 
dispersant capability for non-Gulf Coast waters required by Sec. 
155.1045(i)(3) of this chapter. Because paragraph 8.1.1 of this appendix 
requires owners and operators to ensure the availability of the lesser 
of a facility's dispersant requirements for WCD or the amount of the 
dispersant cap provided for in Sec. 154.1045(i)(3), the facility in 
this example would be required to ensure the availability of 35,000 
gallons of dispersant. More specifically, this facility would be 
required to meet the following tier requirements in Sec. 
154.1045(i)(3), which total 35,000 gallons application:
    Tier 1--4,125 gallons--Completed in 12 hours.
    Tier 2--23,375 gallons--Completed in 36 hours.

[[Page 349]]

    Tier 3--7,500 gallons--Completed in 60 hours.
    8.2 Determine Effective Daily Application Capacities (EDACs) for 
dispersant response systems as follows:
    8.2.1 EDAC planning estimates for compliance with the dispersant 
application requirements in Sec. 154.1045(i)(3) are to be based on:
    8.2.1.1 The spill occurring at the facility;
    8.2.1.2 Specific dispersant application platform operational 
characteristics identified in the Dispersant Mission Planner 2 or as 
demonstrated by operational tests;
    8.2.1.3 Locations of primary dispersant staging sites; and
    8.2.1.4 Locations and quantities of dispersant stockpiles.
    8.2.2 EDAC calculations with supporting documentation must be 
submitted to the NSFCC for classification as a Dispersant Oil Spill 
Removal Organization.
    8.2.3(i) EDAC can also be calculated using the Dispersant Mission 
Planner 2 (DMP2). The DMP2 is a downloadable application that calculates 
EDAC for different dispersant response systems. It is located on the 
Internet at: http://www.response.restoration.noaa.gov/spilltools.
    (ii) The DMP2 contains operating information for the vast majority 
of dispersant application platforms, including aircraft, both rotary and 
fixed wing, and vessels. The DMP2 produces EDAC estimates by performing 
calculations based on performance parameters of dispersant application 
platforms, locations of primary dispersant staging sites, home-based 
airport or port locations, and the facility location (for the spill 
site).
    8.2.4 For each Captain of the Port zone where a dispersant response 
capability is required, the response plan must identify:
    8.2.4.1 The type, number, and location of each dispersant-
application platform intended for use to meet dispersant delivery 
requirements specified in Sec. 154.1045(i)(3) of this chapter;
    8.2.4.2 The amount and location of available dispersant stockpiles 
to support each platform; and,
    8.2.4.3 A primary staging site for each platform that will serve as 
its base of operations for the duration of the response.
    8.3 In addition to the equipment and supplies required, a facility 
owner or operator must identify a source of support to conduct the 
monitoring and post-use effectiveness evaluation required by applicable 
regional plans and ACPs.
    8.4 Identification of the resources for dispersant application does 
not imply that the use of this technique will be authorized. Actual 
authorization for use during a spill response will be governed by the 
provisions of the National Oil and Hazardous Substances Contingency Plan 
(40 CFR part 300) and the applicable Local or Area Contingency Plan.

    9. Additional Equipment Necessary To Sustain Response Operations

    9.1 A facility owner or operator is responsible for ensuring that 
sufficient numbers of trained personnel and boats, aerial spotting 
aircraft, containment boom, sorbent materials, boom anchoring materials, 
and other supplies are available to sustain response operations to 
completion. All such equipment must be suitable for use with the primary 
equipment identified in the response plan. A facility owner or operator 
is not required to list these response resources, but shall certify 
their availability.
    9.2 A facility owner or operator shall evaluate the availability of 
adequate temporary storage capacity to sustain the effective daily 
recovery capacities from equipment identified in the plan. Because of 
the inefficiencies of oil spill recovery devices, response plans must 
identify daily storage capacity equivalent to twice the effective daily 
recovery rate required on scene. This temporary storage capacity may be 
reduced if a facility owner or operator can demonstrate by waste stream 
analysis that the efficiencies of the oil recovery devices, ability to 
decant waste, or the availability of alternative temporary storage or 
disposal locations will reduce the overall volume of oily material 
storage requirement.
    9.3 A facility owner or operator shall ensure that his or her 
planning includes the capability to arrange for disposal of recovered 
oil products. Specific disposal procedures will be addressed in the 
applicable ACP.

                       Table 1--Response Resource Operating 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
----------------------------------------------------------------------------------------------------------------


[[Page 350]]


----------------------------------------------------------------------------------------------------------------
                                                      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 Tensile Strength--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 of operating in wave heights up to and including the
  values listed in Table 1 for each operating environment.


                                                        Table 2--Removal Capacity Planning Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
                  Spill location                            Rivers and canals           Nearshore/inland Great Lakes                Offshore
--------------------------------------------------------------------------------------------------------------------------------------------------------
      Sustainability of on-water oil recovery                    3 Days                            4 Days                            6 Days
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     %                                 %                                 %
                                                     % Natural   Recovered  % Oil on   % Natural   Recovered  % Oil on   % Natural   Recovered  % Oil on
                     Oil group                      dissipation   floating    shore   dissipation   floating    shore   dissipation   floating    shore
                                                                    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 and fuels.........................          20          15        65          30          50        50          60          40        20
4 Heavy crudes and fuels..........................           5          20        75          10          50        70          50          40        30
--------------------------------------------------------------------------------------------------------------------------------------------------------


        Table 3--Emulsification Factors for Petroleum Oil Groups
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Non-Persistent Oil:
  Group I........................................................    1.0
Persistent Oil:
  Group II.......................................................    1.8
  Group III......................................................    2.0
  Group IV.......................................................    1.4
------------------------------------------------------------------------


      Table 4--On Water Oil Recovery Resource Mobilization Factors
------------------------------------------------------------------------
                                                      Tier   Tier   Tier
                   Operating Area                      1      2      3
------------------------------------------------------------------------
Rivers & Canals....................................    .30    .40    .60
Inland/Nearshore/Great Lakes.......................    .15    .25    .40
Offshore...........................................    .10   .165    .21
------------------------------------------------------------------------
Note: These mobilization factors are for total response resources
  mobilized, not incremental response resources.


                               Table 5--Response Capability Caps by Operating Area
----------------------------------------------------------------------------------------------------------------
                                           Tier 1                     Tier 2                     Tier 3
----------------------------------------------------------------------------------------------------------------
February 18, 1993:
    All except rivers and        10K bbls/day.............  20K bbls/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...........  25K bbls/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 & canals   12.5K bbls/day...........  25K bbls/day.............  50K bbls/day.
     & Great Lakes.
    Great Lakes................  6.25K bbls/day...........  12.3K bbls/day...........  25K bbls/day.
    Rivers & canals............  1,875 bbls/day...........  3,750 bbls/day...........  7,500 bbls/day.
----------------------------------------------------------------------------------------------------------------
Note: The caps show cumulative overall effective daily recovery capacity, not incremental increases.
TBD = To be determined.


[CGD 91-036, 61 FR 7933, Feb. 29, 1996, as amended by CGD 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; USCG-2001-8661, 74 FR 45025, Aug. 31, 2009; USCG-2010-
0351, 75 FR 36284, June 25, 2010]

[[Page 351]]



 Sec. Appendix D to Part 154--Training Elements for Oil Spill Response 

                                  Plans

                               1. General

    1.1 The portion of the plan dealing with training is one of the key 
elements of a response plan. This concept is clearly expressed by the 
fact that Congress, in writing OPA 90, specifically included training as 
one of the sections required in a vessel or facility response plan. In 
reviewing submitted response plans, it has been noted that the plans 
often do not provide sufficient information in the training section of 
the plan for either the user or the reviewer of the plan. In some cases, 
plans simply state that the crew and others will be trained in their 
duties and responsibilities, with no other information being provided. 
In other plans, information is simply given that required parties will 
receive the necessary worker safety training (HAZWOPER).
    1.2 The training section of the plan need not be a detailed course 
syllabus, but it must contain sufficient information to allow the user 
and reviewer (or evaluator) to have an understanding of those areas that 
are believed to be critical. Plans should identify key skill areas and 
the training that is required to ensure that the individual identified 
will be capable of performing the duties prescribed to them. It should 
also describe how the training will be delivered to the various 
personnel. Further, this section of the plan must work in harmony with 
those sections of the plan dealing with exercises, the spill management 
team, and the qualified individual.
    1.3 The material in this appendix D is not all-inclusive and is 
provided for guidance only.

                       2. Elements To Be Addressed

    2.1 To assist in the preparation of the training section of a 
facility response plan, some of the key elements that should be 
addressed are indicated in the following sections. Again, while it is 
not necessary that the comprehensive training program for the company be 
included in the response plan, it is necessary for the plan to convey 
the elements that define the program as appropriate.
    2.2 An effective spill response training program should consider 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 a 
substantial threat of a discharge of oil resulting from failure of 
manifold, mechanical loading arm, or other transfer equipment or hoses, 
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 under pressure, 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 to operational 
activities associated with internal or external facility transfers).
    2.2.4 Procedures for transferring responsibility for direction of 
response activities from facility personnel to the spill management 
team.
    2.2.5 Familiarity with the operational capabilities of the 
contracted oil spill removal organizations and the procedures to notify 
the activate such organizations.
    2.2.6 Familiarity with the contracting and ordering procedures to 
acquire oil spill removal organization resources.
    2.2.7 Familiarity with the ACP(s).
    2.2.8 Familiarity with the organizational structures that will be 
used to manage the response actions.
    2.2.9 Responsibilities and duties of the spill management team 
members in accordance with designated job responsibilities.
    2.2.10 Responsibilities and authority of the qualified individual as 
described in the facility response plan and company response 
organization.
    2.2.11 Responsibilities of designated individuals to initiate a 
response and supervise response resources.
    2.2.12 Actions to take, in accordance with designated job 
responsibilities, in the event of a transfer system leak, tank overflow, 
or suspected cargo tank or hull leak.
    2.2.13 Information on the cargoes handled by the vessel or facility, 
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 the cargo; and
    2.2.13.5 Spill and firefighting procedures for cargo.
    2.2.14 Occupational Safety and Health Administration requirements 
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 raised simply 
as a reminder):
    3.1 The training program should focus on training provided to 
facility personnel.
    3.2 An organization is comprised of individuals, and a training 
program should be structured to recognize this fact by ensuring

[[Page 352]]

that training is tailored to the needs of the individuals involved in 
the program.
    3.3 An owner or operator may identify equivalent work experience 
which fulfills specific training requirements.
    3.4 The training program should include participation in periodic 
announced and unannounced exercises. This participation should 
approximate the actual roles and responsibilities of individual 
specified in the plan.
    3.5 Training should be conducted periodically to reinforce the 
required knowledge and to ensure an adequate degree of preparedness by 
individuals with responsibilities under the facility response plan.
    3.6 Training may be delivered via a number of different means; 
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 prior to 
being assigned job responsibilities which require participation in 
emergency response situations.

                              4. Conclusion

    The information in this appendix is only intended to assist response 
plan preparers in reviewing the content of and in modifying the training 
section of their response plans. It may be more comprehensive than is 
needed for some facilities and not comprehensive enough for others. The 
Coast Guard expects that plan preparers have determined the training 
needs of their organizations created by the development of the response 
plans and the actions identified as necessary to increase the 
preparedness of the company and its personnel to respond to actual or 
threatened discharges of oil from their facilities.

[CGD 91-036, 61 FR 7938, Feb. 29, 1996]



PART 155_OIL OR HAZARDOUS MATERIAL POLLUTION 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.
155.T150 Temporary suspension of requirements to permit support of 
          deepwater horizon spill response.

                       Subpart B_Vessel Equipment

155.200 Definitions.
155.205 Discharge removal equipment for vessels 400 feet or greater in 
          length.
155.210 Discharge removal equipment for vessels less than 400 feet in 
          length.
155.215 Discharge removal equipment for inland oil barges.
155.220 Discharge removal equipment for vessels carrying oil as 
          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 and offshore oil 
          barges.
155.245 Damage stability information for inland oil barges.
155.310 Containment of oil and hazardous material cargo discharges.
155.320 Fuel oil and bulk lubricating oil discharge containment.
155.330 Oily mixture (bilge slops)/fuel oil tank ballast water 
          discharges on U.S. non-oceangoing ships.
155.350 Oily mixture (bilge slops)/fuel oil tank ballast water 
          discharges on oceangoing ships of less than 400 gross tons.
155.360 Oily mixture (bilge slops) discharges on oceangoing ships 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 ballast water 
          discharges on oceangoing ships of 10,000 gross tons and above 
          and oceangoing ships of 400 gross tons and above that carry 
          ballast water in their fuel oil tanks.
155.380 Oily water separating equipment and bilge alarm approval 
          standards.
155.400 Platform machinery space drainage on oceangoing fixed 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 for oceangoing ships 
          of 100 gross tons and above but less than 400 gross tons.
155.430 Standard discharge connections for oceangoing ships of 400 gross 
          tons and above.
155.440 Segregation of fuel oil and ballast water on new oceangoing 
          ships of 4,000 gross tons and above, other than oil tankers, 
          and on new oceangoing oil tankers of 150 gross tons and above.
155.450 Placard.
155.470 Prohibited spaces.
155.480 Overfill devices.
155.490 [Reserved]

    Subpart C_Transfer Personnel, Procedures, Equipment, and Records

155.700 Designation of person in charge.

[[Page 353]]

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 operating authorization.
155.1026 Qualified individual and alternate qualified individual.
155.1030 General response plan requirements.
155.1035 Response plan requirements for manned vessels carrying oil as a 
          primary cargo.
155.1040 Response plan requirements for unmanned tank barges carrying 
          oil as a primary cargo.
155.1045 Response plan requirements for vessels carrying oil as a 
          secondary cargo.
155.1050 Response plan development and evaluation criteria for vessels 
          carrying groups I through IV petroleum oil as a primary cargo.
155.1052 Response plan development and evaluation criteria for 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, requests for 
          acceptance of alternative planning criteria, and appeal.
155.1070 Procedures for plan review, revision, amendment, and appeal.

  Subpart E_Additional Response Plan Requirements for Tankers Loading 
     Cargo at a Facility Permitted Under the Trans-Alaska Pipeline 
                            Authorization Act

155.1110 Purpose and applicability.
155.1115 Definitions.
155.1120 Operating restrictions and interim operating authorization.
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 carrying animal 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 Carrying Other 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.

Subpart H [Reserved]

                Subpart I_Salvage and Marine Firefighting

155.4010 Purpose of this subpart.
155.4015 Vessel owners and operators who must follow this subpart.
155.4020 Complying with this subpart.
155.4025 Definitions.
155.4030 Required salvage and marine firefighting services to list in 
          response plans.
155.4032 Other resource provider considerations.
155.4035 Required pre-incident information and arrangements for the 
          salvage and marine firefighting resource providers listed in 
          response plans.
155.4040 Response times for each salvage and marine firefighting 
          service.
155.4045 Required agreements or contracts with the salvage and marine 
          firefighting resource providers.
155.4050 Ensuring that the salvors and marine firefighters are adequate.
155.4052 Drills and exercises.
155.4055 Temporary waivers from meeting one or more of the specified 
          response times.

Appendix A to Part 155--Specifications for Shore Connection
Appendix B to Part 155--Determining and Evaluating Required Response 
          Resources for Vessel Response Plans

[[Page 354]]

Appendix C to Part 155--Training Elements for Oil Spill Response Plans

    Authority: 33 U.S.C. 1231, 1321(j); 46 U.S.C. 3703; E.O. 12777, 56 
FR 54757, 3 CFR, 1991 Comp., p. 351; Department of Homeland Security 
Delegation No. 0170.1. Sections 155.100 through 155.130, 150.350 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). Section 155.490 also issued 
under section 4110(b) of Pub. L. 101-380. Sections 155.1110 through 
155.1150 also issued under 33 U.S.C. 2735.
    Note: Additional requirements for vessels carrying oil or hazardous 
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, wherever 
located; or
    (2) Is operated under the authority of a country other than the 
United States while in the navigable waters of the United States, or 
while at a port or terminal under the jurisdiction of the United States.
    (b) This part does not apply to:
    (1) A warship, naval auxiliary, or other ship owned or operated by a 
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 cargo 
capacity of 1,000 or more cubic meters (approximately 6,290 barrels), 
loading oil or oil reside as cargo that is operated under the authority 
of the United States, wherever located, or operated under the authority 
of a country other than the United States while in the navigable waters 
of the United States, or while at a port or terminal under the 
jurisdiction of the United States.

[CGD 75-124a, 48 FR 45714, Oct. 6, 1983, as amended by CGD 90-071a, 62 
FR 48773, Sept. 17, 1997]



Sec. 155.110  Definitions.

    Except as specifically stated in a section, the definitions in part 
151 of this chapter, except for the word ``oil'', and in part 154 of 
this chapter, apply to this part. The following definition also applies 
to this part:
    Merchant mariner credential or MMC means the credential issued by 
the Coast Guard under 46 CFR part 10. It combines the individual 
merchant mariner's document, license, and certificate of registry 
enumerated in 46 U.S.C. subtitle II part E as well as the STCW 
endorsement into a single credential that serves as the mariner's 
qualification document, certificate of identification, and certificate 
of service.

[USCG-2006-24371, 74 FR 11212, Mar. 16, 2009]



Sec. 155.120  Equivalents.

    (a) For ships required to be surveyed under Sec. 151.17 of this 
chapter, the Commandant may, upon receipt of a written request, allow 
any fitting, material, appliance or apparatus to be fitted in a ship as 
an alternative to that required by both MARPOL 73/78 and subpart B of 
this part if such fitting, material, appliance, or apparatus is at least 
as effective as that required by subpart B. Substitution of operational 
methods to control the discharge of oil in place of those design and 
construction features prescribed by MARPOL 73/78 that are also 
prescribed by subpart B of this part is not allowed.
    (b) Any equivalent to a feature prescribed by MARPOL 73/78 that is 
authorized for a ship having an IOPP Certificate is noted on that 
Certificate.
    (c) For tank vessels required to have overfill devices installed 
under parts 155 and 156 of this chapter, the Commandant may, upon 
receipt of a written request, allow any fitting, material, appliance, or 
apparatus to be fitted in a tank vessel as an alternative to the 
required overfill device(s) that are specified in these parts if the 
proposed alternative device is at least as effective as that required in 
the regulations.

[CGD 75-124a, 48 FR 45714, Oct. 6, 1983, as amended by CGD 90-071a, 59 
FR 53290, Oct. 21, 1994]

[[Page 355]]



Sec. 155.130  Exemptions.

    (a) The Commandant grants an exemption or partial exemption from 
compliance with any requirement in this part if:
    (1) A ship operator submits a written request for an exemption via 
the COTP or OCMI thirty (30) days before operations under the exemption 
are proposed unless the COTP or OCMI authorizes a shorter time; and
    (2) It is determined from the request that:
    (i) Compliance with a specific requirement is economically or 
physically impractical;
    (ii) No alternative procedures, methods, or equipment standards 
exist that would provide an equivalent level of protection from 
pollution; and
    (iii) The likelihood of discharges occurring as a result of the 
exemption is minimal.
    (b) If requested, the applicant must submit any appropriate 
information, including an environmental and economic assessment of the 
effects of and the reasons for the exemption and proposed procedures, 
methods, or equipment standards.
    (c) The exemption may specify the procedures, methods, or equipment 
standards that will apply.
    (d) An oceangoing ship is not given an exemption from the 
requirements 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 to 
render the application of any of the provisions of subpart B relating to 
construction and equipment unreasonable or impractical. The construction 
and equipment of the ship must provide protection equivalent to that 
afforded by subpart B of this part against pollution, having regard to 
the service for which the ship is intended.
    (e) An exemption is granted or denied in writing. The decision of 
the Commandant is a final agency action.
    Note to Sec. 155.130: Additional exemptions/temporary waivers 
related to salvage and marine firefighting requirements can be found in 
Sec. 155.4055.

[CGD 75-124a, 48 FR 45714, Oct. 6, 1983, as amended by CGD 86-034, 55 FR 
36254, Sept. 4, 1990; USCG-1998-3417, 73 FR 80648, Dec. 31, 2008]



Sec. 155.140  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 U.S.C. 
552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of change 
in the Federal Register and the material must be available to the 
public. All approved material is available for inspection at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030 or go to 
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html. Also, it is available for inspection at 
the Coast Guard, Office of Vessel Activities, (CG-543), 2100 2nd St., 
SW., Stop 7581, Washington, DC 20593-7581, 202-372-1251. Approved 
material is available from the sources indicated in this section.
    (b) American National Standards Institute, Inc. (ANSI), 25 West 43rd 
Street, New York, NY 10036, 212-642-4980, http://www.ansi.org/:
    (1) ANSI A10.14, Requirements for Safety Belts, Harnesses, Lanyards 
and Lifelines for Construction and Demolition Use, 1991 (``ANSI 
A10.14''), incorporation by reference approved for Sec. 155.230.
    (2) [Reserved]
    (c) American Society for Testing and Materials (ASTM), 100 Barr 
Harbor Drive, West Conshohocken, PA 19428-2959, 610-832-9585, http://
www.astm.org/:
    (1) ASTM F 631-93, Standard Guide for Collecting Skimmer Performance 
Data in Controlled Environments (``ASTM F 631-93''), incorporation by 
reference approved for Appendix B.
    (2) ASTM F 715-95, Standard Test Methods for Coated Fabrics Used for 
Oil Spill Control and Storage (``ASTM F 715-95''), incorporation by 
reference approved for in Appendix B.
    (3) ASTM F 722-82 (1993), Standard Specification for Welded Joints 
for

[[Page 356]]

Shipboard Piping Systems (``ASTM F 722-82''), incorporation by reference 
approved for Appendix A and Appendix B.
    (4) ASTM F1413-07, Standard Guide for Oil Spill Dispersant 
Application Equipment: Boom and Nozzle Systems, incorporation by 
reference approved for Sec. 155.1050.
    (5) ASTM F1737-07, Standard Guide for Use of Oil Spill Dispersant-
Application Equipment During Spill Response: Boom and Nozzle Systems, 
incorporation by reference approved for Sec. 155.1050.
    (6) ASTM F1779-08, Standard Practice for Reporting Visual 
Observations of Oil on Water, incorporation by reference approved for 
Sec. 155.1050.
    (d) International Maritime Organization (IMO), 4 Albert Embankment, 
London SE1 7SR, United Kingdom, http://www.imo.org/:
    (1) Resolution A.535(13), Recommendations on Emergency Towing 
Requirements for Tankers, November 17, 1983 (``Resolution A.535(13)''), 
incorporation by reference approved for Sec. 155.235.
    (2) Resolution MSC.35(63), Adoption of Guidelines for Emergency 
Towing Arrangement on Tankers, May 20, 1994 (``Resolution MSC.35(63)''), 
incorporation by reference approved for Sec. 155.235.
    (e) National Fire Protection Association (NFPA), 1 Batterymarch 
Park, Quincy, MA 02269-7471, 617-770-3000, http://www.nfpa.org/:
    (1) NFPA 1001, Standard for Fire Fighter Professional 
Qualifications, 2008 Edition (``NFPA 1001''), incorporation by reference 
approved for Sec. 155.4050.
    (2) NFPA 1005, Standard for Professional Qualifications for Marine 
Fire Fighting for Land-Based Fire Fighters, 2007 Edition (``NFPA 
1005''), incorporation by reference approved for Sec. 155.4050.
    (3) NFPA 1021, Standard for Fire Officer Professional 
Qualifications, 2003 Edition (``NFPA 1021''), incorporation by reference 
approved for Sec. 155.4050.
    (4) NFPA 1405, Guide for Land-Based Fire Fighters Who Respond to 
Marine Vessel Fires, 2006 Edition (``NFPA 1405''), incorporation by 
reference approved for Sec. Sec. 155.4035 and 155.4050.
    (5) NFPA 1561, Standard on Emergency Services Incident Management 
System, 2008 Edition (``NFPA 1561''), incorporation by reference 
approved for Sec. 155.4050.
    (f) Oil Companies International Marine Forum (OCIMF), 29 Queen 
Anne's Gate, London, SW1H 9BU England, http://www.ocimf.com/:
    (1) Ship to Ship Transfer Guide (Petroleum), Second Edition, 1988, 
incorporation by reference approved for Sec. 155.1035.
    (2) [Reserved]

[USCG-1998-3417, 73 FR 80648, Dec. 31, 2008, as amended by USCG-2001-
8661, 74 FR 45026, Aug. 31, 2009; USCG-2010-0351, 75 FR 36285, June 25, 
2010]



Sec. 155.T150  Temporary suspension of requirements to permit support of 

deepwater horizon spill response.

    (a) Applicability. This section applies to--
    (1) Any ship and any tank vessel described in Sec. 155.100 of this 
part, that has contracted with any oil spill removal organization 
(OSRO), as defined in Sec. 155.1020 of this part, if the OSRO's 
response resources, as defined in Sec. 154.1020 of this part, are 
deployed in coordination with the On-Scene Coordinator (OSC), as defined 
in 40 CFR 300.5, in support of the response to the Deepwater Horizon 
Spill of National Significance; and
    (2) Any ship and any tank vessel described in Sec. 155.100 of this 
part, that owns, operates, or has under its direct control, response 
resources, as defined in Sec. 155.1020 of this part, deployed in 
coordination with the OSC, as defined in 40 CFR 300.5, in support of the 
response to the Deepwater Horizon Spill of National Significance.
    (b) Suspension of certain response time requirements. From June 30, 
2010 through December 31, 2010, the stipulated response times, including 
the response times contained in any written contractual agreement with 
any OSRO, for the availability of response resources, as defined in 
Sec. 155.1020 of this part, for a maximum most probable discharge and a 
worst case discharge are not necessary to meet the requirements of this 
part.
    (c) Other response time requirements still effective. Any response 
time requirements for the availability of response resources, as defined 
in Sec. 154.1020

[[Page 357]]

of this part, for an average most probable discharge, as required by 
this part, remain in effect.

    Effective Date Note: By USCG-2010-0592, 75 FR 37719, June 30, 2010, 
temporary Sec. 155.T150 was added, effective June 30, 2010 through Dec. 
31, 2010.



                       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 as cargo 
certificated by the Coast Guard under 46 CFR chapter I, subchapter D for 
river or canal service or lakes, bays, and sounds service.
    On-deck spill means a discharge of oil on the deck of a vessel 
during loading, unloading, transfer, or other shipboard operations. An 
on-deck spill could result from a leaking fitting, an overfill, a bad 
connection, or similar operational mishap. The term on-deck spill is 
used to differentiate these operational discharges from those caused by 
collision or grounding where the hull is punctured and a tank is 
ruptured, resulting in an uncontrolled discharge of oil into the marine 
environment.
    Offshore oil barge means a tank barge carrying oil in bulk as cargo, 
including dual-mode integrated tug-barges, certificated by the Coast 
Guard under 46 CFR chapter I, subchapter D, for navigation in waters 
outside the Boundary Lines, as defined in 46 CFR part 7, in any ocean or 
the Gulf of Mexico; any tank barge in Great Lakes service; or any 
foreign flag tank barge.
    Oil tanker means a self-propelled vessel carrying oil in bulk as 
cargo, including integrated tug-barges designed for push-mode operation.
    Vessel carrying oil as secondary cargo means a vessel carrying 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 an International Oil Pollution Prevention 
(IOPP) or Noxious Liquid Substance (NLS) certificate required by 
Sec. Sec. 151.33 or 151.35 of this chapter; or any uninspected vessel 
that carries oil in bulk as cargo.

[CGD 90-068, 58 FR 67996, Dec. 22, 1993, as amended by USCG-2001-9046, 
67 FR 58524, Sept. 17, 2002; 73 FR 79316, Dec. 29, 2008]



Sec. 155.205  Discharge removal equipment for vessels 400 feet or greater in 

length.

    (a) Oil tankers and offshore oil barges with an overall length of 
400 feet or more must carry appropriate equipment and supplies for the 
containment and removal of on-deck oil cargo spills of at least 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 supplies 
must remain ready for immediate use.

[CGD 90-068, 58 FR 67996, Dec. 22, 1993, as amended by USCG-1998-3799, 
63 FR 35531, June 30, 1998]



Sec. 155.210  Discharge removal equipment for vessels less than 400 feet in 

length.

    (a) Oil tankers and offshore oil barges with an overall length of 
less than 400 feet must carry appropriate equipment and supplies for the 
containment and removal of on-deck oil spills of at least 7 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.

[[Page 358]]

    (c) During cargo transfer operations, the equipment and supplies 
must remain ready for immediate use.

[CGD 90-068, 58 FR 67996, Dec. 22, 1993, as amended by USCG-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 have 
appropriate equipment and supplies ready for immediate use to control 
and 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 equipment available 
at the transfer facility receiving from or discharging to the barge, 
provided the barge owner or operator has prearranged for the use of the 
equipment by contract or other means approved by the Coast Guard.

[CGD 90-068, 58 FR 67996, Dec. 22, 1993, as amended by USCG-1998-3799, 
63 FR 35531, June 30, 1998]



Sec. 155.220  Discharge removal equipment for vessels carrying oil as 

secondary cargo.

    (a) Vessels carrying oil as secondary cargo must carry appropriate 
equipment and supplies for the containment and removal of on-deck oil 
cargo 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 use 
during cargo transfer operations.

[CGD 90-068, 58 FR 67996, Dec. 22, 1993, as amended by USCG-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 and 
reducers for internal transfer of cargo to tanks or other spaces within 
the cargo block, unless the vessel's installed cargo piping system is 
capable of performing this function.

[CGD 90-068, 58 FR 67996, Dec. 22, 1993, as amended by USCG-1998-3799, 
63 FR 35531, June 30, 1998]



Sec. 155.230  Emergency control systems for tank barges.

    (a) Application. This section does not apply to foreign vessels 
engaged in innocent passage (that is, neither entering nor leaving a 
U.S. port); it applies to tank barges and vessels towing them on the 
following waters:
    (1) On the territorial sea of the U.S. [as defined in Presidential 
Proclamation 5928 of December 27, 1988, it is the belt of waters 12 
nautical miles wide with its shoreward boundary the baseline of the 
territorial sea], unless--
    (i) The barge is being pushed ahead of, or towed alongside, the 
towing vessel; and
    (ii) The barge's coastwise route is restricted, on its certificate 
of inspection (COI), so the barge may operate ``in fair weather only, 
within 20 miles of shore,'' or with words to that effect. The Officer in 
Charge, Marine Inspection, may define ``fair weather'' on the COI.
    (2) In Great Lakes service unless--
    (i) The barge is being pushed ahead of, or towed alongside, the 
towing vessel; and
    (ii) The barge's route is restricted, on its certificate of 
inspection (COI), so the barge may operate ``in fair weather only, 
within 5 miles of a harbor,'' or with words to that effect. The Officer 
in Charge, Marine Inspection, may define ``fair weather'' on the COI.
    (3) On Long Island Sound. For the purposes of this section, Long 
Island Sound comprises the waters between the baseline of the 
territorial sea on the eastern end (from Watch Hill Point, Rhode Island, 
to Montauk Point, Long Island) and a line drawn north and south from 
Premium Point, New York (about 40[deg]54.5[min] N, 73[deg]45.5[min] W), 
to Hewlett Point, Long Island (about

[[Page 359]]

40[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 a single-
hull tank barge or of a vessel towing it, you must adequately man and 
equip either the barge or the vessel towing it so the crew can arrest 
the barge by employing Measure 1, described in paragraph (b)(1) of this 
section. Moreover, the crew must be able to arrest or retrieve the barge 
by employing either Measure 2 or Measure 3, described in paragraphs 
(b)(2) and (3) of this section, respectively. If you are the owner or 
operator of a double-hull tank barge, you must adequately equip it and 
train its crew or, if it is unmanned, train the crew of the vessel 
towing it, so the crew can retrieve the barge by employing Measure 2 
described in paragraph (b)(2) of this section.
    (1) Measure 1. Each single-hull tank barge, whether manned or 
unmanned, must be equipped with an operable anchoring system that 
conforms to 46 CFR 32.15-15; except that, for barges operating only on 
the West Coast of the U.S., a system comprising heavy surge gear 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 following criteria:
    (i) Operation and performance. When the barge is underway--
    (A) The system is ready for immediate use;
    (B) No more than two crewmembers are needed to operate the system 
and 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 of the 
towing vessel regarding appropriate length of cable or chain to use; and
    (D) Each operator of the system should wear a safety belt or harness 
secured by a lanyard to a lifeline, drop line, or fixed structure such 
as a welded padeye, if the sea or the weather warrants this precaution. 
Each safety belt, harness, lanyard, lifeline, and drop line must meet 
the specifications of ANSI A10.14 (incorporated by reference, see Sec. 
155.140).
    (ii) Maintenance and inspections. The owner or operator of the 
system shall inspect it annually. The inspection must verify that the 
system is ready for immediate use, and must include a visual inspection 
of the equipment that comprises the system in accordance with the 
manufacturer's recommendations. The inspection must also verify that the 
system is being maintained in accordance with the manufacturer's 
recommendations. The inspection need not include actual demonstration of 
the operation of the equipment or system.
    (iii) Training. On each manned barge, every crewmember must be 
thoroughly familiar with the operation of the system. On each vessel 
towing an unmanned barge, every deck crewmember must be thoroughly 
familiar with the operation of the system installed on the barge. If 
during the last 12 months the system was not used to anchor or arrest 
the movement of the barge, then a drill on the use of the system must be 
conducted within the next month. The drill need not involve actual 
deployment of the system. However, it must allow every participant to 
demonstrate the competencies (that is, the knowledge, skills, and 
abilities) needed to ensure that everyone assigned a duty in anchoring 
or arresting the movement of the barge is ready to do his or her duty.
    (2) Measure 2. If you are the owner or operator of a tank barge or a 
vessel towing it and this section applies to you by virtue of paragraph 
(a) of this section, you must have installed an emergency retrieval 
system or some other measure acceptable to the Coast Guard, as provided 
in paragraph (b)(3) of this section. Any such system must meet the 
following criteria:
    (i) Design. The system must use an emergency towline with at least 
the same pulling strength as required of the primary towline. The 
emergency towline must be readily available on either the barge or the 
vessel towing it. The towing vessel must have on board equipment to 
regain control of the barge and continue towing (using the

[[Page 360]]

emergency towline), without having to place personnel on board the 
barge.
    (ii) Operation and performance. The system must use a stowage 
arrangement that ensures the readiness of the emergency towline and the 
availability of all retrieval equipment for immediate use in an 
emergency whenever the barge is being towed astern.
    (iii) Maintenance and inspection. The owner or operator of the 
system shall inspect it annually. The inspection must verify that the 
emergency retrieval system is ready for immediate use, and must include 
a visual inspection of the equipment that comprises the system in 
accordance with the manufacturer's recommendations. The inspection must 
also verify that the system is being maintained in accordance with the 
manufacturer's recommendations. The inspection need not include actual 
demonstration of the operation of the equipment or system. Details 
concerning maintenance of towlines appear in 33 CFR 164.74(a)(3) and 
Navigation and Vessel Inspection Circular (NVIC) No. 5-92. Our NVICs are 
available online at http://www.uscg.mil/hq/g-m/nvic/index.htm.
    (iv) Training. Barge-retrieval drills must take place annually, and 
not more than one month after a master or mate responsible for 
supervising barge retrieval begins employment on a vessel that tows tank 
barges.
    (A) Each drill must allow every participant to demonstrate the 
competencies (that is, the knowledge, skills, and abilities) needed to 
ensure that everyone assigned a duty in barge retrieval is ready to do 
his 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 mate 
responsible for retrieval, and preferably in open waters free from 
navigational hazards so as to minimize risk to personnel and the 
environment.
    (3) Measure 3. If you are the owner or operator of a tank barge or a 
vessel towing it and this section applies to you by virtue of paragraph 
(a) of this section, you may use an alternative measure or system fit 
for retrieving a barge or arresting its movement as a substitute for 
Measure 2, described in paragraph (b)(2) of this section. Before you use 
such a measure or system, however, it must receive the approval of the 
Commandant (CG-521). It will receive this approval if it provides 
protection against grounding of the tank vessel comparable to that 
provided by one of the other two measures described in this section.

[USCG-1998-4443, 65 FR 31811, May 19, 2000, as amended by USCG-2001-
8661, 74 FR 45026, Aug. 31, 2009; USCG-2010-0351, 75 FR 36285, June 25, 
2010]



Sec. 155.235  Emergency towing capability for oil tankers.

    An emergency towing arrangement shall be fitted at both ends on 
board all oil tankers of not less than 20,000 deadweight tons (dwt), 
constructed on or after September 30, 1997. For oil tankers constructed 
before September 30, 1997, such an arrangement shall be fitted at the 
first scheduled dry-docking, but not later than January 1, 1999. The 
design and construction of the towing arrangement shall be in accordance 
with IMO resolution MSC.35(63) (incorporated by reference; see Sec. 
155.140).

[USCG-2001-8661, 74 FR 45026, Aug. 31, 2009]



Sec. 155.240  Damage stability information for oil tankers and offshore oil 

barges.

    (a) Owners or operators of oil tankers and offshore oil barges shall 
ensure that their vessels have prearranged, prompt access to 
computerized, shore-based damage stability and residual structural 
strength calculation programs.
    (b) Vessel baseline strength and stability characteristics must be 
pre-entered into such programs and be consistent with the vessel's 
existing configuration.
    (c) Access to the shore-based calculation program must be available 
24 hours a day.
    (d) At a minimum, the program must facilitate calculation of the 
following:
    (1) Residual hull girder strength based on the reported extent of 
damage.
    (2) Residual stability when the vessel's compartments are breached.
    (3) The most favorable off-loading, ballasting, or cargo transfer 
sequences

[[Page 361]]

to improve residual stability, reduce hull girder stresses, and reduce 
ground-force reaction.
    (4) The bending and shear stresses caused by pinnacle loads from 
grounding or stranding.

[CGD 90-068, 58 FR 67996, Dec. 22, 1993, as amended by USCG-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 the 
vessel plans necessary to perform salvage, stability, and residual hull 
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 by USCG-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 is 
carrying oil or hazardous material as cargo must have--
    (1) Under or around each loading manifold and each transfer 
connection point, a fixed container or enclosed deck area that, in all 
conditions of ship list or trim encountered during the loading 
operation, has a capacity of at least:
    (i) One half barrel if it serves one or more hoses with an inside 
diameter of 2 inches or less, or one or more loading arms with a nominal 
pipe size diameter of 2 inches or less;
    (ii) One barrel if it serves one or more hoses with an inside 
diameter of more than 2 inches but less than 4 inches, or one or more 
loading arms with a nominal pipe size diameter of more than 2 inches but 
less than 4 inches;
    (iii) Two barrels if it serves one or more hoses with an inside 
diameter of 4 inches or more, but less than 6 inches, or one or more 
loading 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 inside 
diameter of 6 inches or more, but less than 12 inches, or one or more 
loading 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 inside 
diameter of 12 inches or more, or one or more loading arms with a 
nominal pipe size diameter of 12 inches or more;
    (2) A means of draining or removing discharged oil or hazardous 
material from each container or enclosed deck area without discharging 
the oil or hazardous material into the water; and
    (3) A mechanical means of closing each drain and scupper in the 
container or enclosed deck area required by this section.
    (b) An offshore tank barge with a cargo capacity of 250 or more 
barrels that is carrying hazardous material as cargo and an inland tank 
barge with the capacity of 250 or more barrels that is carrying oil or a 
hazardous material as cargo must meet paragraph (a) of this section or 
be equipped with--
    (1) A coaming, at least 4 inches high but not more than 8 inches 
high, enclosing the immediate area of the cargo hatches, loading 
manifolds, and transfer connections, that has a capacity, in all 
conditions of vessel list and trim to be encountered during the loading 
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 and 
each transfer connection within the coaming, that holds at least one-
half barrel;
    (3) A mechanical means of closing each drain and scupper within the 
coaming; and
    (4) A means of draining or removing discharged oil or hazardous 
material from the fixed or portable container and from within the 
coamings without discharging the oil or hazardous material into the 
water.
    (c) All oil tankers and offshore oil barges with a cargo capacity of 
250 or more barrels must have peripheral coamings, including port and 
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 overflow or leak.

[[Page 362]]

    (1) Coamings must be at least 4 inches high except in the aft 
corners.
    (2) In the aft corners (port and starboard) of a vessel, the 
coamings 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 this paragraph 
must have--
    (i) A means of draining or removing oil from the enclosed deck area 
without discharging oil into the water; and
    (ii) A mechanical means of closing each drain and scupper in the 
enclosed deck-area.
    (4) For a tankship, as defined in 46 CFR 30.10-67, the coaming or 
other barrier required in 46 CFR 32.56-15 may serve as the aft 
athwartships coaming if the tankship is otherwise in compliance with the 
requirements of this section.
    (d) In addition to the requirements of paragraphs (a) and (b) of 
this section, an offshore oil barge with a cargo capacity of 250 or more 
barrels must have--
    (1) A fixed or portable container that holds at least one-half 
barrel under each oil loading manifold and each oil transfer connection 
within the coaming;
    (2) A mechanical means of closing each drain and scupper within the 
coaming; and
    (3) A means of draining or removing discharged oil from the fixed or 
portable container and from within the coaming without discharging the 
oil into the water.

[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by CGD 86-034, 55 FR 
36254, Sept. 4, 1990; CGD 90-068, 58 FR 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 around each 
fuel oil or bulk lubricating oil tank vent, overflow, and fill pipe, 
that:
    (1) For a ship of 300 or more but less than 1600 gross tons has a 
capacity of at least one-half barrel; and
    (2) For a ship of 1600 or more gross tons has a capacity of one 
barrel.
    (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 tons constructed 
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 portable container 
of at least a 5 U.S. gallon capacity; or
    (3) If the ship has a fill fitting for which containment is 
impractical, use an automatic back pressure shut-off nozzle.
    (c) This section does not apply to a fixed or floating drilling rig 
or other platform.



Sec. 155.330  Oily mixture (bilge slops)/fuel oil tank ballast water 

discharges on U.S. non-oceangoing ships.

    (a) No person may operate a U.S. non-oceangoing ship in the 
navigable waters of the United States, unless it has the capacity to 
retain on board all oily mixtures and is equipped to discharge these 
oily mixtures to a reception facility.
    (b) A U.S. non-oceangoing ship may retain all oily mixtures on board 
in the ship's bilges. An oil residue (sludge) tank is not required.
    (c) This section does not apply to a fixed or floating drilling rig 
or other platform.

[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by USCG-2000-7641, 
66 FR 55571, Nov. 2, 2001]



Sec. 155.350  Oily mixture (bilge slops)/fuel oil tank ballast water 

discharges on oceangoing ships of less than 400 gross tons.

    (a) No person may operate an oceangoing ship of less than 400 gross 
tons, unless it either:
    (1) Has the capacity to retain on board all oily mixtures and is 
equipped to discharge these oily mixtures to a reception facility; or
    (2) Has approved oily-water separating equipment for processing oily 
mixtures from bilges or fuel oil tank ballast and discharges into the 
sea according to Sec. 151.10 of this chapter.

[[Page 363]]

    (3) For equipment installed after 2004 to be approved under 
paragraph (a)(2) of this section, it must meet current standards in 46 
CFR part 162, subpart 162.050 by the date set forth in paragraphs 
(a)(3)(i) and (a)(3)(ii) of this section, unless the equipment is 
installed on a ship constructed before 2005 and it would be unreasonable 
or impracticable to meet those current standards.
    (i) A ship entering international service for the first time since 
2004, must comply with the requirements of paragraph (a)(3) of this 
section by the date of its initial survey prior to receiving its 
International Oil Pollution Prevention (IOPP) certificate.
    (ii) Any ship, other than a ship described in paragraph (a)(3)(i) of 
this section, must comply with the requirements of paragraph (a)(3) of 
this section by the date of the ship's first drydock after October 13, 
2009.
    (b) An oceangoing ship of less than 400 gross tons may retain all 
oily 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 equipped with 
an installed bilge pumping system for discharge into the sea.
    (d) This section does not apply to a fixed or floating drilling rig 
or other platform.

[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by CGD 88-002, 54 FR 
18407, Apr. 28, 1989; CGD 97-023, 62 FR 33364, June 19, 1997; USCG-1998-
3799, 63 FR 35531, June 30, 1998; USCG-2000-7641, 66 FR 55571, Nov. 2, 
2001; USCG-2004-18939, 74 FR 3377, Jan. 16, 2009; 74 FR 52418, Oct. 13, 
2009]



Sec. 155.360  Oily mixture (bilge slops) discharges on oceangoing ships of 400 

gross tons and above but less than 10,000 gross tons, excluding ships that 

carry ballast water in their fuel oil tanks.

    (a)(1) No person may operate an oceangoing ship of 400 gross tons 
and above but less than 10,000 gross tons, excluding a ship that carries 
ballast water in its fuel oil tanks, unless it is fitted with approved 
15 parts per million (ppm) oily-water separating equipment for the 
processing of oily mixtures from bilges or fuel oil tank ballast.
    (2) For equipment installed after 2004 to be approved under 
paragraph (a)(1) of this section, it must meet current standards in 46 
CFR part 162, subpart 162.050 by the date set forth in paragraphs 
(a)(2)(i) and (a)(2)(ii) of this section, unless the equipment is 
installed on a ship constructed before 2005 and it would be unreasonable 
or impracticable to meet those current standards.
    (i) A ship entering international service for the first time since 
2004, must comply with the requirements of paragraph (a)(2) of this 
section by the date of its initial survey prior to receiving its 
International Oil Pollution Prevention (IOPP) certificate.
    (ii) Any ship, other than a ship described in paragraph (a)(2)(i) of 
this section, must comply with the requirements of paragraph (a)(2) of 
this section by the date of the ship's first drydock after October 13, 
2009.
    (b) No person may operate a ship under this section unless it is 
fitted with a tank or tanks of adequate capacity to receive the oil 
residue that cannot be dealt with otherwise.
    (1) In new ships such tanks shall be designed and constructed to 
facilitate cleaning and the discharge of the oily residues to reception 
facilities. Existing ships shall comply with this requirement as far as 
reasonable and practicable.
    (2) Tanks used for oily mixtures on ships certificated under 46 CFR 
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 a 
pipeline to discharge oily mixtures to a reception facility.
    (d) This section does not apply to a barge that is not equipped with 
an installed bilge pumping system for discharge into the sea.
    (e) This section does not apply to a fixed or floating drilling rig 
or other platform, except as specified in Sec. 155.400(a)(2).

[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by USCG-1998-3799, 
63 FR 35531, June 30, 1998; USCG-2000-7641, 66 FR 55571, Nov. 2, 2001; 
USCG-2004-18939, 74 FR 3377, Jan. 16, 2009; 74 FR 52418, Oct. 13, 2009]

[[Page 364]]



Sec. 155.370  Oily mixture (bilge slops)/fuel oil tank ballast water 

discharges on oceangoing ships of 10,000 gross tons and above and oceangoing 

ships of 400 gross tons and above that carry ballast water in their fuel 

oil tanks.

    (a) No person may operate an oceangoing ship of 10,000 gross tons 
and above, or any oceangoing ship of 400 gross tons and above, that 
carries ballast water in its fuel oil tanks, unless it has--
    (1) Approved 15 ppm oily-water separating equipment for the 
processing of oily mixtures from bilges or fuel oil tank ballast;
    (2) A bilge alarm; and
    (3) A means for automatically stopping any discharge of oily mixture 
when the oil content in the effluent exceeds 15 ppm.
    (4) For equipment installed after 2004 to be approved under 
paragraph (a) of this section, it must meet current standards in 46 CFR 
part 162, subpart 162.050 by the date set forth in paragraphs (a)(4)(i) 
and (a)(4)(ii) of this section, unless the equipment is installed on a 
ship constructed before 2005 and it would be unreasonable or 
impracticable to meet those current standards.
    (i) A ship entering international service for the first time since 
2004, must comply with the requirements of paragraph (a)(4) of this 
section by the date of its initial survey prior to receiving its 
International Oil Pollution Prevention (IOPP) certificate.
    (ii) Any ship, other than a ship described in paragraph (a)(4)(i) of 
this section, must comply with the requirements of paragraph (4) of this 
section by the date of the ship's first drydock after October 13, 2009.
    (b) No person may operate a ship under this section unless it is 
fitted with a tank or tanks of adequate capacity to receive the oil 
residue that cannot be dealt with otherwise.
    (1) In new ships such tanks shall be designed and constructed to 
facilitate cleaning and the discharge of the oil residue to reception 
facilities. Existing ships shall comply with this requirement as far as 
reasonable and practicable.
    (2) Tanks used for oily mixtures on ships certificated under 46 CFR 
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 is 
equipped with a pipeline to discharge oily mixtures to a reception 
facility.
    (d) This section does not apply to a barge that is not equipped with 
an installed bilge pumping system for discharge into the sea.
    (e) This section does not apply to a fixed or floating drilling rig 
or other platform, except as specified in Sec. 155.400(a)(2).

(Approved by the Office of Management and Budget under control number 
1625-0009)

[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by USCG-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; USCG-2004-18939, 74 FR 
3377, Jan. 16, 2009; 74 FR 52418, Oct. 13, 2009]



Sec. 155.380  Oily water separating equipment and bilge alarm approval 

standards.

    (a) On U.S. inspected ships, oily water separating equipment and 
bilge alarms must be approved under 46 CFR 162.050.
    (b) On U.S. uninspected ships and foreign ships, oily water 
separating equipment and bilge alarms must be approved under either 46 
CFR 162.050 or MARPOL 73/78 Annex I.

    Note to Sec. 155.380(b): A copy of Annex I to the International 
Convention for the Prevention of Pollution from Ships, 1973 as modified 
by the Protocol of 1978 relating thereto, as amended (MARPOL 73/78) may 
be purchased from the International Maritime Organization, Publications 
Section, 4 Albert Embankment, London SE1 75R, United Kingdom, Telex 
23588; see also http://www.imo.org.

    (c) A ship that is required to have a bilge alarm may defer 
installment and use a previously installed bilge monitor provided the 
bilge monitor met Coast Guard approval requirements at the time of its 
installation and it does not allow more than a 15 ppm oil content in 
water discharge.
    (d) The accuracy of the bilge alarms must be checked at IOPP 
Certificate renewal surveys according to the manufacturer's 
instructions. Alternatively, the unit may be replaced by a calibrated 
bilge alarm. The calibration

[[Page 365]]

certificate for the bilge alarm, which certifies the date of the last 
calibration check, should be retained onboard for inspection purposes. 
The accuracy checks can only be done by the manufacturer or persons 
authorized by the manufacturer.
    (e) Ship staff training must include familiarization in the 
operation and maintenance of the equipment.
    (f) The routine maintenance of the oily water separating equipment 
and the bilge alarm must be clearly defined by the manufacturer in the 
associated operating and maintenance manuals. All routine and repair 
maintenance must be recorded.

[USCG-2004-18939, 74 FR 3377, Jan. 16, 2009]



Sec. 155.400  Platform machinery space drainage on oceangoing fixed and 

floating drilling rigs and other platforms.

    (a) No person may operate an oceangoing fixed or floating drilling 
rig or other platform unless it either--
    (1) Complies with the oily-water separating equipment requirements 
of a valid National Pollutant Discharge Elimination System (NPDES) 
permit issued in accordance with section 402 of the Clean Water Act and 
40 CFR Chapter I;
    (2) Complies with the oily-water separating equipment requirements 
for oceangoing ships of 400 gross tons and above as set forth in either 
Sec. 155.360 or Sec. 155.370; or
    (3) Is not equipped with an installed bilge pumping system for 
discharge of oily mixtures from platform machinery spaces into the sea 
and has the capacity to retain on board all of these oily mixtures and 
is equipped to discharge these mixtures for transport to a reception 
facility.
    (b) When an oceangoing fixed or floating drilling rig or other 
platform is in a special area, is not proceeding en route, or is within 
12 nautical miles of the nearest land; it must either--
    (1) Have the capacity to retain on board all machinery space oily 
mixtures from platform machinery space drainage and be equipped to 
discharge 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 platform is not 
within a special area.
    (c) Paragraph (b) of this section does not apply to a fixed or 
floating drilling rig or other platform that is operating under an NPDES 
permit.

[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by CGD 88-002, 54 FR 
18407, Apr. 28, 1989; CGD 94-056, 60 FR 43378, Aug. 21, 1995; USCG-1998-
3799, 63 FR 35531, June 30, 1998]



Sec. 155.410  Pumping, piping and discharge requirements for non-oceangoing 

ships of 100 gross tons and above.

    (a) No person may operate a non-oceangoing ship of 100 gross tons 
and above that is fitted with main or auxiliary machinery spaces in the 
navigable waters of the United States unless:
    (1) The ship has at least one pump installed to discharge oily 
mixtures through a fixed piping system to a reception facility;
    (2) The piping system required by this section has at least one 
outlet that is accessible from the weather deck;
    (3) Each outlet required by this section has a shore connection that 
is compatible with reception facilities in the ship's area of operation; 
and
    (4) The ship has a stop valve for each outlet required by this 
section.
    (b) Paragraph (a) of this section does not apply to a ship that has 
approved oily-water separating equipment for the processing of oily 
mixtures from bilges or fuel oil tank ballast.
    (c) This section does not apply to a fixed or floating drilling rig 
or other platform.

[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by USCG-2000-7641, 
66 FR 55572, Nov. 2, 2001]



Sec. 155.420  Pumping, piping and discharge requirements for oceangoing ships 

of 100 gross tons and above but less than 400 gross tons.

    (a) No person may operate an oceangoing ship of 100 gross tons and 
above but less than 400 gross tons that is fitted with main or auxiliary 
machinery spaces unless:
    (1) The ship has at least one pump installed to discharge oily 
mixtures through a fixed piping system to a reception facility;

[[Page 366]]

    (2) The piping system required by this section has at least one 
outlet accessible from the weather deck;
    (3) For a ship on an international voyage, the outlet required by 
this section has a shore connection that meets the specifications in 
Sec. 155.430, or the ship has at least one adapter that meets the 
specifications in Sec. 155.430 and fits the required outlets;
    (4) For a ship not on an international voyage, the outlet required 
by this section has a shore connection that is compatible with reception 
facilities in the ship's area of operation;
    (5) The ship has a means on the weather deck near the discharge 
outlet to stop each pump that is used to discharge oily mixtures; and
    (6) The ship has a stop valve installed for each outlet required by 
this section.
    (b) Paragraph (a) of this section does not apply to a ship that has 
approved oily-water separating equipment for the processing of oily 
mixtures from bilges or fuel oil tank ballast.
    (c) This section does not apply to a fixed or floating drilling rig 
or other platform.

[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by USCG-2000-7641, 
66 FR 55572, Nov. 2, 2001]



Sec. 155.430  Standard discharge connections for oceangoing ships of 400 gross 

tons and above.

    (a) All oceangoing ships of 400 gross tons and above must have a 
standard shore connection for reception facilities to discharge oily 
mixtures from machinery space bilges or ballast water containing an oily 
mixture from fuel oil tanks. The discharge connection must have the 
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 placed 
on a bolt circle of the above diameter, slotted to the flange periphery. 
The slot width to be 22 mm.
    (5) Flange thickness=20 mm.
    (6) Bolts and nuts, quantity and number=6 each of 20 mm in diameter 
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, for 
the discharge of oily wastes from machinery space bilges may be 
substituted for the standard discharge connection requirement of 
paragraph (a) of this section.
    (c) The flange must be designed to accept pipes up to a maximum 
internal diameter of 125 mm and shall be of steel or other equivalent 
material having a flat face. This flange, together with a gasket of 
oilproof material, must be suitable for a service pressure of 6 
kilograms/square centimeters (kg/cm\2\).

[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by USCG-2000-7641, 
66 FR 55572, Nov. 2, 2001]



Sec. 155.440  Segregation of fuel oil and ballast water on new oceangoing 

ships of 4,000 gross tons and above, other than oil tankers, and on new 

oceangoing oil tankers of 150 gross tons and above.

    (a) Except as provided for in paragraph (b) of this section, in new 
oceangoing ships of 4,000 gross tons and above other than oil tankers, 
and in new oceangoing oil tankers of 150 gross tons and above, ballast 
water must not be carried in any fuel oil tank.
    (b) Where abnormal conditions or the need to carry large quantities 
of fuel oil render it necessary to carry ballast water that is not a 
clean ballast in any fuel oil tank, that ballast water must be 
discharged to reception facilities or into the sea in compliance with 
part 151 of this chapter using the equipment specified in Sec. 155.370, 
and an entry shall be made in the Oil Record Book to this effect.

(Approved by the Office of Management and Budget under control number 
1625-0009)

[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by USCG-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, must have 
a placard of at least 5 by 8 inches, made of durable material fixed in a 
conspicuous place in each machinery space, or at the bilge and ballast 
pump control station, stating the following:

[[Page 367]]

                       Discharge of Oil Prohibited

    The Federal Water Pollution Control Act prohibits the discharge of 
oil or oily waste into or upon the navigable waters of the United 
States, or the waters of the contiguous zone, or which may affect 
natural resources belonging to, appertaining to, or under the exclusive 
management authority of the United States, if such discharge causes a 
film or discoloration of the surface of the water or causes a sludge or 
emulsion beneath the surface of the water. Violators are subject to 
substantial civil penalties and/or criminal sanctions including fines 
and imprisonment.

    (b) Existing stocks of placards may be used for the life of the 
placard.
    (c) The placard required by paragraph (a) or (b) of this section 
must be printed in the language or languages understood by the crew.

[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by CGD 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 building 
contract is placed after January 1, 1982 or, in the absence of a 
building contract, the keel of which is laid or which is at a similar 
stage of construction after July 1, 1982, oil or hazardous material must 
not be carried in a forepeak tank or a tank forward of the collision 
bulkhead.
    (b) A self-propelled ship of 300 gross tons and above, to which 
paragraph (a) of this section does not apply, may not carry bulk oil or 
hazardous material in any space forward of a collision bulkhead except:
    (1) For a ship constructed after June 30, 1974, fuel oil for use on 
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 use on 
the ship may be carried in tanks forward of a collision bulkhead, if 
such tanks were designated, installed, or constructed for fuel oil 
carriage before July 1, 1974.

[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by CGD 86-034, 55 FR 
36254, Sept. 4, 1990]



Sec. 155.480  Overfill devices.

    (a) For the purposes of this section, ``oil'' has the same 
definition as provided in Sec. 151.05 of this chapter.
    (b) Each tank vessel with a cargo capacity of 1,000 or more cubic 
meters (approximately 6,290 barrels), loading oil or oil residue as 
cargo, must have one overfill device that is permanently installed on 
each cargo tank and meets the requirements of this section.
    (1) On a tankship, each cargo tank must be equipped with an overfill 
device (including an independent audible alarm or visible indicator for 
that tank) that meets the requirements for tank overfill alarms 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 an 
overfill 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 the 
requirements of 46 CFR 39.20-9(b); or
    (iii) Is an installed high level indicating device that meets the 
requirements 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 installed 
on it an overfill device meeting the requirements of this section at the 
next scheduled cargo tank internal examination performed on the vessel 
under 46 CFR 31.10-21.
    (d) Each cargo tank of a foreign flag tank vessel must have 
installed on it an overfill device--
    (1) At the first survey that includes dry docking, as required by 
the vessel's flag administration, to meet the International Convention 
for the Safety of Life at Sea (SOLAS), 1974, as amended, or the 
International Load Line Convention of 1966; or
    (2) At the first cargo tank internal examination performed on the 
tank vessel under 46 CFR 31.10-21.
    (e) This section does not apply to a tank vessel that does not meet 
the double hull requirements of Sec. 157.10d of this chapter and, under 
46 U.S.C. 3703a(c),

[[Page 368]]

may not operate in the navigable waters or Exclusive Economic Zone of 
the United States after January 1, 2000.
    (f) This section does not apply to tank vessels that carry asphalt, 
animal fat, or vegetable oil as their only cargo.

[CGD 90-071a, 59 FR 53290, Oct. 21, 1994, as amended by CGD 90-071a, 62 
FR 48773, Sept. 17, 1997]



Sec. 155.490  [Reserved]



    Subpart C_Transfer Personnel, Procedures, Equipment, and Records



Sec. 155.700  Designation of person in charge.

    Each operator or agent of a vessel with a capacity of 250 or more 
barrels of fuel oil, cargo oil, hazardous material, or liquefied gas as 
regulated in Table 4 of 46 CFR part 154, or each person who arranges for 
and hires a person to be in charge of a transfer of fuel oil, 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 person in 
charge (PIC) of each transfer to or from the vessel and of each tank-
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 of the 
United States, the operator or agent of the vessel, or the person who 
arranges and hires a person to be in charge either of a transfer of 
liquid cargo in bulk or of cargo-tank cleaning, shall verify to his or 
her satisfaction that each person designated as a PIC--
    (1) Has sufficient training and experience with the relevant 
characteristics of the vessel on which he or she is engaged--including 
the cargo for transfer, the cargo-containment system, the cargo system 
(including transfer procedures, and shipboard-emergency equipment and 
procedures), the control and monitoring 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, a transfer of liquid cargo in bulk, or cargo-tank 
cleaning;
    (2) Except as provided in paragraph (g) of this section, holds a 
license or officer endorsement issued under 46 CFR part 10 authorizing 
service aboard a vessel certified for voyages beyond any Boundary Line 
described in 46 CFR part 7, except on tankships or self-propelled tank 
vessels not certified for voyages beyond the Boundary Line; and
    (3) Except as provided in paragraph (g) of this section and 46 CFR 
13.113 (a) or (c), holds a Tankerman-PIC endorsement issued under 46 CFR 
part 13 that authorizes the holder to supervise the transfer of fuel 
oil, the transfer of liquid cargo in bulk, or cargo-tank cleaning, 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 arranges 
and hires a person to be in charge of a transfer of fuel oil, of a 
transfer of liquid cargo in bulk, or of cargo-tank cleaning, shall 
verify to his or her satisfaction that each PIC--
    (1) Has sufficient training and experience with the relevant 
characteristics of the vessel on which he or she is engaged--including 
the cargo for transfer, the cargo-containment system, the cargo system 
(including transfer procedures, and shipboard-emergency equipment and 
procedures), the control and monitoring systems, the procedures for 
reporting pollution incidents, and, if installed, the COW, inert-gas, 
and vapor-control systems--to safely conduct either a transfer of liquid 
cargo in bulk or cargo-tank cleaning; and
    (2) Except as provided in paragraph (g) of this section and 46 CFR 
part 13.113 (a) or (c), holds a Tankerman-PIC or Tankerman-PIC (Barge) 
endorsement issued under 46 CFR part 13 that authorizes the holder to 
supervise the transfer of fuel oil, the transfer of liquid cargo in 
bulk, or cargo-tank cleaning, as appropriate to the product and vessel.
    (c) On each foreign tankship, the operator or agent of the vessel 
shall verify to his or her satisfaction that each PIC either of a 
transfer of liquid cargo in bulk or of cargo-tank cleaning--

[[Page 369]]

    (1) Has sufficient training and experience with the relevant 
characteristics of the vessel on which he or she is engaged, including 
the cargo for transfer, the cargo-containment system, the cargo system 
(including transfer procedures, and shipboard-emergency equipment and 
procedures), the control and monitoring systems, the procedures for 
reporting pollution incidents, and, if installed, the systems for crude-
oil washing, inert gas, and vapor control, to safely conduct either a 
transfer of liquid cargo in bulk or cargo-tank cleaning;
    (2) Except as provided in paragraph (g) of this section, holds a 
license or other document issued by the flag state or its authorized 
agent authorizing service as master, mate, pilot, engineer, or operator 
on that vessel;
    (3) Except as provided in paragraph (g) of this section, holds a 
Dangerous-Cargo Endorsement or Certificate issued by a flag state party 
to the International Convention on Standards of Training, Certification 
and Watchkeeping for Seafarers, 1978 (STCW), or other form of evidence 
acceptable to the Coast Guard, attesting the PIC's meeting the 
requirements of Chapter V of STCW as a PIC of the transfer of fuel oil, 
of the transfer of liquid cargo in bulk, or of cargo-tank cleaning;
    (4) Is capable of reading, speaking, and understanding in English, 
or a language mutually-agreed-upon with the shoreside PIC of the 
transfer, all instructions needed to commence, conduct, and complete a 
transfer of fuel oil, a transfer of liquid cargo in bulk, or cargo-tank 
cleaning, except that the use of an interpreter meets this requirement 
if the interpreter--
    (i) Fluently speaks the language spoken by each PIC;
    (ii) Is immediately available to the PIC on the tankship at all 
times 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 crewmembers 
involved in the transfer or cargo-tank cleaning, with or without an 
interpreter.
    (d) On each foreign tank barge, the operator or agent of the vessel 
shall verify to his or her satisfaction that each PIC either of the 
transfer of liquid cargo in bulk or of cargo-tank cleaning--
    (1) Has sufficient training and experience with the relevant 
characteristics of the vessel on which he or she is engaged--including 
the cargo for transfer, the cargo-containment system, the cargo system 
(including transfer procedures, and shipboard-emergency equipment and 
procedures), the control and monitoring systems, the procedures for 
reporting pollution incidents, and, if installed, the COW, inert-gas, 
and vapor-control systems--to safely conduct a transfer of fuel oil, a 
transfer of liquid cargo in bulk, or cargo-tank cleaning;
    (2) Except as provided in paragraph (g) of this section, holds a 
Dangerous-Cargo Endorsement or Certificate issued by a flag state party 
to STCW, or other form of evidence acceptable to the Coast Guard, 
attesting the PIC's meeting the requirements of Chapter V of STCW as a 
PIC of the transfer of fuel oil, of the transfer of liquid cargo 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 the 
transfer, all instructions needed to commence, conduct, and complete a 
transfer of fuel oil, a transfer of liquid cargo in bulk, or cargo-tank 
cleaning, except that the use of an interpreter meets this requirement 
if the interpreter--
    (i) Fluently speaks the language spoken by each PIC;
    (ii) Is immediately available to the PIC on the tankship at all 
times during the transfer or cargo-tank cleaning; and
    (iii) Is knowledgeable about, and conversant with terminology of, 
ships, transfers, and cargo-tank cleaning; and
    (4) Is capable of effectively communicating with all crewmembers 
involved in the transfer or cargo-tank cleaning, with or without an 
interpreter.
    (e) The operator or agent of each vessel to which this section 
applies shall verify to his or her satisfaction that

[[Page 370]]

the PIC of any transfer of fuel oil requiring a Declaration of 
Inspection--
    (1) On each inspected vessel required by 46 CFR chapter I to have an 
officer aboard, holds a valid license or merchant mariner credential 
issued under 46 CFR chapter I, subchapter B, authorizing service as a 
master, mate, pilot, engineer, or operator aboard that vessel, or holds 
a valid merchant mariner's document or merchant Mariner credential 
endorsed as Tankerman-PIC;
    (2) On each uninspected vessel, either complies with the 
requirements of paragraph (e)(1) of this section or carries a letter 
satisfying the requirements of Sec. 155.715 and designating him or her 
as a PIC, unless equivalent evidence is immediately available aboard the 
vessel or at his or her place of employment.
    (3) On each tank barge, for its own engine-driven pumps, either 
complies with paragraph (e)(1) or (2) of this section or has been 
instructed by the operator or agent of the vessel both in his or her 
duties and in the Federal statutes and regulations on water pollution 
that apply to the vessel; or
    (4) On each foreign vessel, holds a license or certificate issued by 
a flag state party to STCW, or other form of evidence acceptable to the 
Coast Guard, attesting the qualifications of the PIC to act as master, 
mate, pilot, operator, engineer, or tankerman aboard that vessel.
    (f) Except as provided in paragraph (g) of this section, the 
operator or agent of each self-propelled tank vessel carrying oil or 
hazardous material in bulk shall verify to his or her satisfaction that 
the PIC of the transfer of oil or hazardous material in bulk to or from 
a vessel, or of cargo-tank cleaning, holds a Tankerman-PIC endorsement 
on his or her MMD or merchant mariner credential and either a license, 
officer endorsement, or a Certificate issued 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 merchant mariner 
credentials, licenses, documents, certificates, or endorsements required 
in paragraphs (a) through (f) of this section, if he or she is a 
National Fire Protection Association Certificated Marine Chemist.

[CGD 79-116, 60 FR 17141, Apr. 4, 1995, as amended by CGD 79-116, 61 FR 
25126, May 8, 1997; CGD 79-116, 63 FR 35826, July 1, 1998; USCG-2006-
24371, 74 FR 11212, Mar. 16, 2009]



Sec. 155.715  Contents of letter of designation as a person-in-charge of the 

transfer 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 of fuel oil 
and state that the holder has received sufficient formal instruction 
from the operator or agent of the vessel to ensure his or her ability to 
safely and adequately carry out the duties and responsibilities 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 of 
oil, hazardous material, or liquefied gas as regulated in Table 4 of 46 
CFR part 154 shall provide transfer procedures that meet the 
requirements of this part and part 156 of this chapter for 
transferring--
    (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 by CGD 79-116, 62 FR 
25127, May 8, 1997]



Sec. 155.730  Compliance with transfer procedures.

    The vessel operator of each vessel required by Sec. 155.720 to have 
transfer procedures shall maintain them current and shall require vessel 
personnel to use the transfer procedures for each transfer operation.

[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36254, Sept. 4, 1990]



Sec. 155.740  Availability of transfer procedures.

    The transfer procedures required by Sec. 155.720 must be:
    (a) Available for inspection by the COTP or OCMI whenever the vessel 
is in operation;

[[Page 371]]

    (b) Legibly printed in a language or languages understood by 
personnel engaged in transfer operations; and
    (c) Permanently posted or available at a place where the procedures 
can be easily seen and used by members of the crew when engaged in 
transfer operations.

[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36254, Sept. 4, 1990]



Sec. 155.750  Contents of transfer procedures.

    (a) The transfer procedures required by Sec. 155.720 must 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 the 
location of each valve, pump, control device, vent, and overflow;
    (ii) The location of the shutoff valve or other isolation device 
that separates any bilge or ballast system from the transfer system; and
    (iii) A description of and procedures for emptying the discharge 
containment system required by Sec. Sec. 155.310 and 155.320;
    (3) The number of persons required to be on duty during transfer 
operations;
    (4) The duties by title of each officer, person in charge, 
tankerman, deckhand, and any other person required for each transfer 
operation;
    (5) Procedures and duty assignments for tending the vessel's 
moorings during the transfer of oil or hazardous material;
    (6) Procedures for operating the emergency shutdown and 
communications means required by Sec. Sec. 155.780 and 155.785, 
respectively;
    (7) Procedures for topping off tanks;
    (8) Procedures for ensuring that all valves used during the transfer 
operations are closed upon completion of transfer;
    (9) Procedures for reporting discharges of oil or hazardous material 
into the water; and
    (10) Procedures for closing and opening the vessel openings in Sec. 
155.815.
    (11) Statements explaining that each hazardous materials transfer 
hose is marked with either the name of each product which may be 
transferred through the hose or with letters, numbers or other symbols 
representing all such products and the location in the transfer 
procedures where a chart or list of the symbols used and a list of the 
compatible products which may be transferred through the hose can be 
found for consultation before each transfer.
    (b) Exemptions or alternatives granted must be placed in the front 
of the transfer procedures.
    (c) The vessel operator shall incorporate each amendment to the 
transfer procedures under Sec. 155.760 in the procedures with the 
related existing requirement, or at the end of the procedures if not 
related to an existing requirement.
    (d) If a vessel is fitted with a vapor control system, the transfer 
procedures must contain a description of the vapor collection system 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-vacuum 
relief valve, pressure indicator, flame arresters, and detonation 
arresters, if fitted;
    (2) The location of spill valves and rupture disks, if fitted;
    (3) The maximum allowable transfer rate determined in accordance 
with 46 CFR 39.30-1(d) (1) through (d)(3);
    (4) The initial transfer rate for each tank that complies with 46 
CFR 39.30-1(h);
    (5) A table or graph of transfer rates and corresponding vapor 
collection system pressure drops calculated in accordance with 46 CFR 
39.30-1(b);
    (6) The relief settings of each spill valve, rupture disk, and 
pressure-vacuum relief valve; and
    (7) A description of and procedures for operating the vapor 
collection system, including the:
    (i) Pre-transfer equipment inspection requirements;
    (ii) Vapor line connection;

[[Page 372]]

    (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 overfill 
device, the transfer procedures must contain a description of the 
overfill device, including:
    (1) The tank overfill device system and specific procedures for the 
person in charge to--
    (i) Monitor the level of cargo in the tank; and
    (ii) Shut down transfer operations in time to ensure that the cargo 
level in each tank does not exceed the maximum amount permitted by Sec. 
155.775(b).
    (2) Pre-transfer overfill device equipment inspection and test 
requirements.

(Approved by the Office of Management and Budget under control number 
1625-0030)

[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD 88-102, 55 FR 
25445, June 21, 1990; CGD 86-034, 55 FR 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 vessel 
that is required to have transfer procedures under Sec. 155.720 to 
amend those procedures if the COTP or OCMI finds that the transfer 
procedures do not meet the requirements of this part.
    (b) The COTP or OCMI shall notify the vessel operator in writing of 
any inadequacies in the oil transfer procedures. The vessel operator may 
submit written information, views, and arguments on and proposals for 
amending the procedures within 14 days from the date of the COTP or OCMI 
notice. After considering all relevant material presented, the COTP or 
OCMI shall notify the vessel operator of any amendment required or 
adopted, or the COTP or OCMI may rescind the notice. The amendment 
becomes effective 30 days after the vessel operator receives the notice, 
unless the vessel operator petitions the Commandant to review the COTP 
or OCMI notice, in which case its effective date is delayed pending a 
decision by the Commandant. Petitions to the Commandant must be 
submitted in writing via the COTP or OCMI who issued the requirement to 
amend.
    (c) If the COTP or OCMI finds that there is a condition requiring 
immediate action to prevent the discharge or risk of discharge that 
makes the procedure in paragraph (b) of this section impractical or 
contrary to the public interest, he or she may issue an amendment 
effective on the date the vessel operator receives notice of it. In such 
a case, the COTP or OCMI includes a brief statement of the reasons for 
the findings in the notice, and the vessel operator may petition the 
Commandant, in any manner, to review the amendment. The petition does 
not postpone the amendment.

[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36255, Sept. 4, 1990]



Sec. 155.770  Draining into bilges.

    No person may intentionally drain oil or hazardous material from any 
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 the same meaning 
as provided in Sec. 151.05 of this chapter.
    (b) A cargo tank on a tank vessel may not be filled with oil higher 
than--
    (1) 98.5 percent of the cargo tank volume; or
    (2) The level at which the overfill alarm required by Sec. 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 is 
carrying oil or hazardous material as cargo must have on board an 
emergency means to enable the person in charge of a transfer operation 
to a facility, to another vessel, or within the vessel to stop the flow 
of oil or hazardous material.
    (b) The means to stop the flow may be a pump control, a quick-
acting, power actuated valve, or an operating procedure. If an emergency 
pump control is used, it must stop the flow of oil or hazardous material 
if the oil or hazardous material could siphon through the stopped pump.

[[Page 373]]

    (c) The means to stop the flow must be operable from the cargo deck, 
cargo control room, or the usual operating station of the person in 
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 a 
capacity of 250 or more barrels of cargo that is carrying oil or 
hazardous material must have a means that enables continuous two-way 
voice communication between the persons in charge of the transfer 
operations on both vessels.
    (b) Each vessel must have a means, which may be the communication 
system itself, that enables a person on board each vessel to effectively 
indicate his desire to use the means of communication required by 
paragraph (a) of this section.
    (c) The means required by paragraph (a) of this section must be 
usable and effective in all phases of the transfer operation and all 
conditions of weather.
    (d) Portable radio devices used to comply with paragraph (a) of this 
section during the transfer of flammable or combustible liquids must be 
intrinsically safe, as defined in 46 CFR 110.15-100(i), and meet Class 
I, Division I, Group D requirements as defined in 46 CFR 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 barrels 
of oil or hazardous material that is conducting transfer operations 
between sunset and sunrise must have deck lighting that adequately 
illuminates--
    (1) Each transfer operations work area and each transfer connection 
point in use on the vessel; and
    (2) Each transfer operations work area and each transfer connection 
point in use on each barge, if any, moored to the vessel to or from 
which oil or hazardous material is being transferred;
    (b) Where the illumination is apparently inadequate the OCMI or COTP 
may require verification by instrument of the levels of illumination. On 
a horizontal plane 3 feet above the deck the 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) Lighting must be located or shielded so as not to mislead or 
otherwise interfere with navigation on the adjacent waterways.

[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36255, Sept. 4, 1990]



Sec. 155.800  Transfer hose.

    Hose used to transfer oil or hazardous material must meet the 
requirements of Sec. 154.500 of this chapter.

[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD 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 connected 
for the transfer of oil or hazardous material must be blanked off with 
butterfly 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 by CGD 86-034, 55 FR 
36255, Sept. 4, 1990]



Sec. 155.810  Tank vessel security.

    Operators of tank vessels carrying more oil cargo residue than 
normal in any cargo tank must assign a surveillance person or persons 
responsible 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 tank 
vessel underway or at anchor must have all closure mechanisms on the 
following openings properly closed:
    (1) Expansion trunk hatches;
    (2) Ullage openings;
    (3) Sounding ports;
    (4) Tank cleaning openings; and

[[Page 374]]

    (5) Any other tank vessel openings that maintain the seaworthy 
condition of the tank vessel and prevent the inadvertent release of oil 
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 anchor 
except when authorized and supervised by a licensed or credentialed 
officer or the tankerman required by 46 CFR 31.15-5(a).

[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36255, Sept. 4, 1990; USCG-2006-24371, 74 FR 11212, Mar. 16, 2009]



Sec. 155.820  Records.

    The vessel operator shall keep a written record available for 
inspection by the COTP or OCMI of:
    (a) The name of each person currently designated as a person in 
charge of transfer operations.
    (b) The date and result of the most recent test and inspection of 
each item tested or inspected as required by Sec. 156.170 of this 
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 by Sec. 156.150(f) of 
this chapter.

[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD 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 oil 
spill response plans for certain vessels. The planning criteria in this 
subpart are intended for use in response plan development and the 
identification of resources necessary to respond to the oil spill 
scenarios prescribed during the planning process. The development of a 
response plan prepares the vessel owner or operator and the vessel's 
crew to respond to an oil spill. The specific criteria for response 
resources and their arrival times are not performance standards. They 
are planning criteria based on a set of assumptions that may not exist 
during an actual oil spill incident.



Sec. 155.1015  Applicability.

    (a) Except as provided in paragraph (c) of this section, this 
subpart applies to each vessel that is constructed or adapted to carry, 
or that carries, oil in bulk as cargo or oil 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 in a port or place subject to the jurisdiction of 
the United States.
    (b) This subpart also applies to vessels which engage in oil 
lightering operations in the marine environment beyond the baseline from 
which the territorial sea is measured, when the cargo lightered is 
destined for a port or place subject to the jurisdiction of the United 
States.
    (c) This subpart does not apply to the following types of vessels:
    (1) Public vessels and vessels deemed public vessels under 14 U.S.C. 
827.
    (2) Vessels that, although constructed or adapted to carry oil in 
bulk as cargo or oil cargo residue, are not storing or carrying oil in 
bulk as cargo or oil cargo residue.
    (3) Dedicated response vessels when conducting response operations.
    (4) Vessels of opportunity when conducting response operations in a 
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. 2101 
of not more than 750 gross tons when engaged only in the fishing 
industry.
    (7) Foreign flag vessels engaged in innocent passage.
    (d) Vessels covered by this subpart that are not operating within 
the navigable waters or the exclusive economic zone of the United States 
must meet all requirements of this subpart except for--
    (1) Identifying and ensuring, through contract or other approved 
means, the

[[Page 375]]

availability of response resources including the shore-based spill 
management team;
    (2) Providing the geographic-specific appendices required in Sec. 
155.1035, 155.1040, or 155.1045, as appropriate; and
    (3) Identifying and designating a qualified individual and alternate 
qualified individual required in Sec. 155.1026.

[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended by USCG-2000-7641, 66 
FR 55572, Nov. 2, 2001]



Sec. 155.1020  Definitions.

    Except as otherwise defined in this section, the definitions in 
Sec. 155.110 apply to this subpart and subparts F and G of this part. 
For the purposes of this subpart only, the term:
    Adverse weather means the weather conditions that will be considered 
when identifying response systems and equipment in a response plan for 
the applicable operating environment. Factors to consider include, but 
are not limited to, significant wave height, ice, temperature, weather-
related visibility, and currents within the Captain of the Port (COTP) 
zone in which the systems or equipment are intended to function.
    Animal fat means a non-petroleum oil, fat, or grease derived from 
animals and not specifically identified elsewhere in this part.
    Average most probable discharge means a discharge of the lesser of 
50 barrels of oil or 1 percent of the cargo from the vessel during cargo 
oil transfer operations to or from the vessel.
    Bulk means any volume of oil carried in an integral tank of the 
vessel and oil transferred to or from a marine portable tank or 
independent tank while on board a vessel.
    Captain of the Port (COTP) Zone means a zone specified in 33 CFR 
part 3 and, for coastal ports, the seaward extension of that zone to the 
outer boundary of the exclusive economic zone (EEZ).
    Cargo means oil that is transported to and off-loaded at a 
destination by a vessel. It does not include--
    (1) Oil carried in integral tanks, marine portable tanks, or 
independent tanks for use by machinery, helicopters, and boats carried 
aboard the vessel, or for use by helicopters that are directly 
supporting the vessel's primary operations; or
    (2) Oil transferred from a towing vessel to a vessel in its tow to 
operate installed machinery other than the propulsion plant.
    Contract or other approved means includes--
    (1) A written contractual agreement between a vessel owner or 
operator and an oil spill removal organization. The agreement must 
identify and ensure the availability of specified personnel and 
equipment required under this subpart within stipulated response times 
in the specified geographic areas;
    (2) Certification by the vessel owner or operator that specified 
personnel 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 specified geographic 
areas;
    (3) Active membership in a local or regional oil spill removal 
organization that has identified specified personnel and equipment 
required under this subpart that are available to respond to a discharge 
within stipulated response times in the specified geographic areas;
    (4) A document which--
    (i) Identifies the personnel, equipment, and services capable of 
being provided by the oil spill removal organization within stipulated 
response times in the specified geographic areas;
    (ii) Sets out the parties' acknowledgment that the oil spill removal 
organization intends to commit the resources in the event of a response;
    (iii) Permits the Coast Guard to verify the availability of the 
identified response resources through tests, inspections, and exercises; 
and
    (iv) Is referenced in the response plan; or
    (5) With the written consent of the oil spill removal organization, 
the identification of an oil spill removal organization with specified 
equipment and personnel which are available within stipulated response 
times in the specified geographic areas. This paragraph is an other 
approved means for only--

[[Page 376]]

    (i) A vessel carrying oil as secondary cargo to meet the 
requirements under Sec. 155.1045(i)(3);
    (ii) A barge operating on rivers and canals to meet the requirements 
for lightering capability under Sec. Sec. 155.1050(j), 155.1052(g), 
155.1230(g), and 155.2230(g);
    (iii) A vessel to meet the salvage and firefighting requirements in 
Sec. Sec. 155.1050(j), 155.1052(f), 155.1230(f), and 155.2230(f); and
    (iv) A vessel to meet the resource requirements in Sec. 
155.1052(c), 155.1230(c), and 155.2230(c).
    Dedicated response vessel means a vessel of which the service is 
limited exclusively to oil and hazardous substance spill response-
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.
    Dispersant-application platform means the vessel or aircraft 
outfitted with the dispersant-application equipment acting as the 
delivery system for the dispersant onto the oil spill.
    Dispersant Mission Planner 2 (DMP2) means an Internet-downloadable 
application that estimates EDAC for different dispersant response 
systems. The NSFCC will use DPMP2 for evaluating OSRO dispersant 
classification levels.
    Effective daily application capacity or EDAC means the estimated 
amount of dispersant that can be applied to a discharge by an 
application system, given the availability of supporting dispersant 
stockpiles, when operated in accordance with approved standards and 
within acceptable environmental conditions.
    Exclusive economic zone means the zone contiguous to the territorial 
sea of United States extending to a distance up to 200 nautical miles 
from the baseline from which the breadth of the territorial sea is 
measured.
    Great Lakes means Lakes Superior, Michigan, Huron, Erie, and 
Ontario, their connecting and tributary waters, the Saint Lawrence River 
as far as Saint Regis, and adjacent port areas.
    Gulf Coast means for the purposes of dispersant application 
requirements, the regions encompassing the following Captain of the Port 
Zones:
    (1) Corpus Christi, TX;
    (2) Houston/Galveston, TX;
    (3) Port Arthur, TX;
    (4) Morgan City, LA;
    (5) New Orleans, LA;
    (6) Mobile, AL; and
    (7) St. Petersburg, FL.
    Higher volume port area means the following areas, including any 
water area within 50 nautical miles seaward of the entrance(s) to the 
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 the 
Louisiana Offshore Oil Port are not considered to be operating in this 
higher 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, and Suisun 
Bay to Antioch, CA.
    (13) Strait of Juan De Fuca at Port Angeles, WA to and including 
Puget Sound, WA.
    (14) Prince William Sound, AK.
    Inland area means the area shoreward of the boundary lines defined 
in 46 CFR part 7, except that in the Gulf of Mexico, it means the area 
shoreward of the lines of demarcation (COLREG lines) as defined in 
Sec. Sec. 80.740 through 80.850 of this chapter. The inland area does 
not include the Great Lakes.
    Maximum extent practicable means the planned capability to respond 
to a worst case discharge in adverse weather, as contained in a response 
plan that meets the criteria in this subpart or in a specific 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 capacity 
equal to or greater than 25,000 barrels; or

[[Page 377]]

    (2) 10% of the vessel's oil cargo capacity for vessels with a 
capacity of less than 25,000 barrels.
    Nearshore area means the area extending seaward 12 miles from the 
boundary lines defined in 46 CFR part 7, except in the Gulf of Mexico. 
In the Gulf of Mexico, a nearshore area is one extending seaward 12 
miles from the line of demarcation (COLREG lines) as defined in 
Sec. Sec. 80.740 through 80.850 of this chapter.
    Non-persistent or Group I oil means a petroleum-based oil that, at 
the time of shipment, consists of hydrocarbon fractions--
    (1) At least 50% of which by volume, distill at a temperature of 340 
degrees C (645 degrees F); and
    (2) At least 95% of which by volume, distill at a temperature of 370 
degrees C (700 degrees F).
    Non-petroleum oil means oil of any kind that is not petroleum-based. 
It includes, but is not limited to, animal fats and vegetable oils.
    Ocean means the open ocean, offshore area, and nearshore area as 
defined in this subpart.
    Offshore area means the area up to 38 nautical miles seaward of the 
outer boundary of the nearshore area.
    Oil field waste means non-pumpable drilling fluids with possible 
trace amounts of metal and oil.
    Oil spill removal organization (OSRO) means an entity that provides 
oil spill response resources.
    On-scene coordinator or OSC means the Federal official predesignated 
by the Coast Guard or Environmental Protection Agency to coordinate and 
direct Federal removal efforts at the scene of an oil or hazardous 
substance discharge as prescribed in the National Oil and Hazardous 
Substances Pollution Contingency Plan (National Contingency Plan) as 
published in 40 CFR part 300.
    Open ocean means the area from 38 nautical miles seaward of the 
outer boundary of the nearshore area, to the seaward boundary of the 
exclusive economic zone.
    Operating in compliance with the plan means operating in compliance 
with the provisions of this subpart, including ensuring the availability 
of the response resources by contract or other approved means and 
conducting the necessary training and exercises.
    Operational effectiveness monitoring means monitoring concerned 
primarily with determining whether the dispersant was properly applied 
and how the dispersant is affecting the oil.
    Operator means person who is an owner, a demise charterer, or other 
contractor, who conducts the operation of, or who is responsible for the 
operation of a vessel. For the purposes of this subpart 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 not a 
petroleum oil, an animal fat, or a vegetable oil.
    Owner or vessel owner means any person holding legal or equitable 
title to a vessel; provided, however, that a person holding legal or 
equitable title to a vessel solely as security is not the owner. In a 
case where a Certificate of Documentation has been issued, the owner is 
the person or persons whose name or names appear on the vessel's 
Certificate of Documentation provided, however, that where a Certificate 
of Documentation has been issued in the name of a president or secretary 
of an incorporated company, such incorporated company is the owner.
    Persistent oil means a petroleum-based oil that does not meet the 
distillation criteria for a non-persistent oil. For the purposes of this 
subpart, persistent oils are further classified based on specific 
gravity as follows:
    (1) Group II--specific gravity of less than .85.
    (2) Group III--specific gravity equal to or greater than .85 and 
less than .95.
    (3) Group IV--specific gravity equal to or greater than .95 and 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 not limited 
to, crude oil, fuel oil, sludge, oil residue, and refined products.
    Pre-authorization for dispersant use means an agreement, adopted by 
a regional response team in coordination with area committees, that 
authorizes the use of dispersants at the discretion of the Federal On-
Scene Coordinator without the further approval of other

[[Page 378]]

Federal or State authorities. These pre-authorization areas are 
generally limited to particular geographic areas within each region.
    Primary dispersant staging site means a site designated within a 
Captain of the Port zone which is identified as a forward staging area 
for dispersant-application platforms and the loading of dispersant 
stockpiles. Primary staging sites would normally be the planned location 
where the platform would load or reload dispersants prior to departing 
for application at the site of the discharge and may not be the location 
where dispersant stockpiles are stored or application platforms are home 
based.
    Qualified individual and alternate qualified individual means a 
shore-based representative of a vessel owner or operator who meets the 
requirements of 33 CFR 155.1026.
    Response activity means the containment and removal of oil from the 
water and shorelines, the temporary storage and disposal of recovered 
oil, or the taking of other actions as necessary to minimize or 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 activities identified 
in a response plan.
    Rivers and canals mean bodies of water confined within the inland 
area, including the Intracoastal Waterways and other waterways 
artificially created for navigation, that have a project depth of 12 
feet or less.
    Secondary Cargo (see Vessels Carrying Oil as a Secondary Cargo)
    Specific gravity means the ratio of the mass of a given volume of 
liquid at 15 degrees C (60 degrees F) to the mass of an equal volume of 
pure water at the same temperature.
    Spill management team means the personnel identified to staff the 
organizational structure identified in a response plan to manage 
response plan implementation.
    Substantial threat of such a discharge means any incident involving 
a vessel that may create a significant risk of discharge of cargo oil. 
Such incidents include, but are not limited to, groundings, strandings, 
collisions, hull damage, fire, explosion, loss of propulsion, flooding, 
on-deck spills, or other similar occurrences.
    Tanker means a self-propelled tank vessel constructed or adapted 
primarily to carry oil or hazardous material in bulk in the cargo 
spaces.
    Tier means the combination of required response resources and the 
times within which the resources must arrive on scene. Appendix B of 
this part, especially Tables 5 and 6, provide specific guidance on 
calculating the response resources required by each tier. Sections 
155.1050(g), 155.1135, 155.1230(d), and 155.2230(d) set forth the 
required times within which the response resources must arrive on scene. 
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 not specifically 
identified elsewhere in this part that is derived from plant seeds, 
nuts, kernels or fruits.
    Vessel of opportunity means a vessel engaged in spill response 
activities that is normally and substantially involved in activities 
other than spill response and not a vessel carrying oil as a primary 
cargo.
    Vessels carrying oil as a primary cargo means all vessels except 
dedicated response vessels carrying oil in bulk as cargo or cargo 
residue that have a Certificate of Inspection issued under 46 CFR 
Chapter I, subchapter D.
    Vessels carrying oil as a secondary cargo means vessels, other than 
vessels carrying oil as a primary cargo, carrying oil in bulk as cargo 
or cargo residue pursuant to a permit issued under 46 CFR 30.01-5, 
70.05-30, or 90.05-35, an International Oil Pollution Prevention (IOPP) 
or Noxious Liquid Substance (NLS) certificate required by 33 CFR 
Sec. Sec. 151.33 or 151.35; or any uninspected vessel that carries oil 
in bulk as cargo or cargo residue.

[[Page 379]]

    Worst case discharge means a discharge in adverse weather conditions 
of a vessel's entire oil cargo.

[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended by USCG-2000-7641, 66 
FR 55572, Nov. 2, 2001; USCG-1998-3417, 73 FR 80649, Dec. 31, 2008; 
USCG-2001-8661, 74 FR 45026, Aug. 31, 2009; USCG-2010-0351, 75 FR 36285, 
June 25, 2010]



Sec. 155.1025  Operating restrictions and interim operating authorization.

    (a) Vessels subject to this subpart may not perform the following 
functions, unless operating in compliance with a plan approved under 
Sec. 155.1065:
    (1) Handling, storing, or transporting oil on the navigable waters 
of 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 port 
or place subject to the jurisdiction of the United States, where the oil 
to be transferred was received from another vessel subject to this 
subpart during a lightering operation referred to in Sec. 155.1015(b), 
unless both vessels engaged in the lightering operation were operating 
at the time in compliance with a plan approved under Sec. 155.1065.
    (c)(1) Notwithstanding the requirements of paragraph (a) of this 
section, a vessel may continue to handle, store, transport, transfer, or 
lighter oil for 2 years after the date of submission of a response plan 
pending approval of that plan, if the vessel owner or operator has 
received written authorization for continued operations from the Coast 
Guard.
    (2) To receive this authorization, the vessel owner or operator must 
certify in writing to the Coast Guard that the owner or operator has 
identified and ensured the availability of, through contract or other 
approved means, the necessary private response resources to respond, to 
the maximum extent practicable, to a worst case discharge or substantial 
threat of such a discharge from their vessel as described in Sec. Sec. 
155.1050, 155.1052, 155.1230, or 155.2230, as appropriate.
    (d) With respect to paragraph (b) of this section, a vessel may not 
continue to handle, store, transport, transfer, or lighter oil if--
    (1) The Coast Guard determines that the response resources 
identified in the vessel's certification statement do not meet the 
requirements of this subpart;
    (2) The contracts or agreements cited in the vessel's certification 
statement are no longer valid;
    (3) The vessel is not operating in compliance with the submitted 
plan; or
    (4) The period of this authorization expires.
    (e) An owner or operator of a vessel may be authorized by the 
applicable COTP to have that vessel make one voyage to transport or 
handle oil in a geographic specific area not covered by the vessel's 
response plan. All requirements of this subpart must be met for any 
subsequent 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 a shipboard oil 
pollution emergency plan approved by the flag state that meets the 
requirements of Regulation 37 of Annex I to the International 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) is 
aboard the vessel;
    (3) The vessel owner or operator has identified and informed the 
vessel master and the COTP of the designated qualified individual prior 
to the vessel's entry into the COTP zone; and
    (4) The vessel owner or operator has identified and ensured the 
availability of, through contract or other approved means, the private 
response resources necessary to respond, to the maximum extent 
practicable under the criteria in Sec. Sec. 155.1050, 155.1052, 
155.1230, or 155.2230, as appropriate, to a worst case discharge or 
substantial threat of discharge from the vessel in the applicable COTP 
zone.

[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended by USCG-2008-0179, 73 
FR 35015, June 19, 2008]

[[Page 380]]



Sec. 155.1026  Qualified individual and alternate qualified individual.

    (a) The response plan must identify a qualified individual and at 
least one alternate who meet the requirements of this section. The 
qualified individual or alternate qualified individual must be available 
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 located 
in the United States;
    (3) Be familiar with the implementation of the vessel response plan; 
and
    (4) Be trained in the responsibilities of the qualified individual 
under the response plan.
    (c) For Canadian flag vessels while operating on the Great Lakes or 
the Strait of Juan de Fuca and Puget Sound, WA, the qualified individual 
may be located in Canada if he or she meets all other requirements in 
paragraph (b) of this section.
    (d) The owner operator shall provide each qualified individual and 
alternate qualified individual identified in the plan with a document 
designating them as a qualified individual and specifying their full 
authority to--
    (1) Activate and engage in contracting with oil spill removal 
organization(s) and other response related resources identified in the 
plan;
    (2) Act as a liaison with the predesignated Federal On-Scene 
Coordinator (OCS); and
    (3) Obligate funds required to carry out response activities.
    (e) The owner or operator of a vessel may designate an organization 
to fulfill the role of the qualified individual and alternate qualified 
individual. The organization must then identify a qualified individual 
and at least one alternate qualified individual who meet the 
requirements of this section. The vessel owner or operator is required 
to list in the response plan the organization, the person identified as 
the qualified individual, and the person or persons 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 or 
operator; or
    (2) Contracting or obligating funds for response resources beyond 
the full authority contained in their designation from the owner or 
operator of the vessel.
    (g) The liability of a qualified individual is considered to be in 
accordance 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 States in 
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 a 
language that is understood by the crew members with responsibilities 
under the plan.
    (c) A vessel response plan must be divided into the following 
sections:
    (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 the 
vessel or vessels operate.
    (11) An appendix for vessel-specific information for the vessel or 
vessels covered by the plan.
    (d) A vessel owner or operator with multiple vessels may submit one 
plan for each class of vessel (i.e., manned vessels carrying oil 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 separate geographic-
specific appendix for each COTP zone in which the vessel(s) will 
operate.
    (e) The required contents for each section of the plan are contained 
in

[[Page 381]]

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 field 
waste may follow the same format as that for a vessel carrying oil as a 
secondary cargo under Sec. 155.1045 in lieu of the plan required under 
Sec. 155.1035 or Sec. 155.1040.
    (g) A response plan must be divided into the sections described in 
paragraph (c) of this section unless the plan is supplemented with a 
cross-reference table to identify the location of the information 
required by this subpart.
    (h) The information contained in a response plan must be consistent 
with the--
    (1) National Oil and Hazardous Substances Pollution Contingency Plan 
(NCP) (40 CFR part 300) and the Area Contingency Plan(s) (ACP) in effect 
on the date 6 months prior to the submission date of the response plan; 
or
    (2) More recent NCP and ACP(s).
    (i) Copies of the submitted and approved response plan must be 
available as follows:
    (1) The owner or operator of all vessels, except for unmanned tank 
barges, shall ensure that one English language copy of the plan sections 
listed in paragraph (c) (1), (2), (3), (5), (10) and (11) of this 
section and the Coast Guard approval letter or notarized copy of the 
approval letter are maintained aboard the vessel. If applicable, 
additional copies of the required plan sections must be in the language 
understood by crew members with responsibilities under the plan and 
maintained aboard the vessel.
    (2) The owner or operator of all unmanned tank barges shall ensure 
that one English language copy of the plan section listed in paragraph 
(c)(9) of this section and the Coast Guard approval letter or notarized 
copy of the approval letter are maintained aboard the barge.
    (3) The vessel owner or operator shall maintain a current copy of 
the entire plan, and ensure that each person identified as a qualified 
individual and alternate qualified individual in the plan has a current 
copy of the entire plan.
    (j) If an owner or operator of a United States flag vessel informs 
the Coast Guard in writing at the time of the plan submission according 
to the procedures of Sec. 155.1065, the owner or operator may address 
the provisions of Regulation 37 of MARPOL 73/78 if the owner or 
operator--
    (1) Develops a vessel response plan under Sec. 155.1030 and 
Sec. Sec. 155.1035, 155.1040, or 155.1045, as applicable;
    (2) Expands the plan to cover discharges of all oils defined under 
MARPOL, including fuel oil (bunker) carried on board. The owner or 
operator is not required to include these additional oils in calculating 
the planning volumes that are used to determine the quantity of response 
resources that the owner or operator must ensure through contract or 
other approved means;
    (3) Provides the information on authorities or persons to be 
contacted in the event of an oil pollution incident as required by 
Regulation 37 of MARPOL 73/78. This information must include--
    (i) An appendix containing coastal State contacts for those coastal 
States the exclusive economic zone of which the vessel regularly 
transits. The appendix should list those agencies or officials of 
administrations responsible for receiving and processing pollution 
incident reports; and
    (ii) An appendix of port contacts for those ports at which the 
vessel regularly calls; and
    (4) Expands the plan to include the procedures and point of contact 
on the ship for coordinating shipboard activities with national and 
local authorities in combating an oil spill incident. The plan should 
address the need to contact the coastal State to advise them of 
action(s) being implemented and determine what authorization(s), if any, 
are needed.
    (5) Provides a cross reference section to identify the location of 
the information required by Sec. 155.1030(j).
    (k) A vessel carrying oil as a secondary cargo may comply with the 
requirements of Sec. 155.1045 by having a response plan approved under 
Regulation 37 of MARPOL 73/78 with the addition of the following--
    (1) Identification of the qualified individual and alternate that 
meets the requirements of Sec. 155.1026;
    (2) A geographic specific appendix meeting the requirements of Sec. 
155.1045(i), including the identification

[[Page 382]]

of a contracted oil spill removal organization;
    (3) Identification of a spill management team;
    (4) An appendix containing the training procedures required by 
155.1045(f); and
    (5) An appendix containing the exercise procedures required by 
155.1045(g).
    (l) For plans submitted prior to the effective date of this final 
rule, the owner or operator of each vessel may elect to comply with any 
or all of the provisions of this final rule by amending or revising the 
appropriate section of the previously submitted plan.

[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended by USCG-2008-0179, 73 
FR 35015, June 19, 2008]



Sec. 155.1035  Response plan requirements for manned vessels carrying oil as a 

primary cargo.

    (a) General information and introduction. This section of the 
response plan must include--
    (1) The vessel's name, country of registry, call sign, official 
number, and International Maritime Organization (IMO) international 
number (if applicable). If the plan covers multiple vessels, this 
information must be provided for each vessel;
    (2) The name, address, and procedures for contacting the vessel's 
owner or operator on a 24-hour basis;
    (3) A list of the COTP zones in which the vessel intends to handle, 
store, or transport oil;
    (4) A table of contents or index of sufficient detail to permit 
personnel with responsibilities under the response plan to locate the 
specific sections of the plan; and
    (5) A record of change(s) page to record information on plan 
reviews, updates or revisions.
    (b) Notification procedures. This section of the response plan must 
include the following notification information:
    (1) A checklist with all notifications, including telephone or other 
contact numbers, in order of priority to be made by shipboard or shore-
based personnel and the information required for those notifications. 
Notifications must include those required by--
    (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 discharge or 
substantial threat of a discharge of oil. If the notifications vary due 
to vessel location, the persons to be notified also must be identified 
in a geographic-specific appendix. This section must separately 
identify--
    (i) The individual(s) or organization(s) to be notified by shipboard 
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, secondary 
communications methods by which the notifications will be made that 
should be consistent with the regulations in Sec. 155.1035(b)(1).
    (5) The information that is to be provided in the initial and any 
follow up notifications required by paragraph (b)(1) of this section.
    (i) The initial notification may be submitted in accordance with IMO 
Resolution A648(16) ``General Principles for Ship Reporting Systems and 
Ship Reporting Requirements'' which is available through the Office of 
Operating and Environmental Standards (CG-522), U.S. Coast Guard 
Headquarters, 2100 2nd St., SW., Stop 7126, Washington, DC 20593-7126. 
It must include at least the following information:
    (A) Vessel name, country of registry, call sign, 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 or 
threat of discharge;
    (J) Weather and sea conditions on scene;
    (K) Ship size and type;

[[Page 383]]

    (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 much as 
possible of the information essential for the protection of the marine 
environment as is appropriate to the incident must be reported to the 
appropriate on-scene coordinator in a follow-up report. This information 
must include--
    (A) Additional details on the type of cargo on board;
    (B) Additional details on the condition of the vessel and ability to 
transfer cargo, ballast, and fuel;
    (C) Additional details on the quantity, extent and movement of the 
pollution 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 the 
movement of the ship.
    (6) Identification of the person(s) to be notified of a vessel 
casualty potentially affecting the seaworthiness of a vessel and the 
information to be provided by the vessel's crew to shore-based personnel 
to facilitate the assessment of damage stability and stress.
    (c) Shipboard spill mitigation procedures. This section of the 
response plan must include--
    (1) Procedures for the crew to mitigate or prevent any discharge or 
a substantial threat of such discharge of oil resulting from shipboard 
operational activities associated with internal or external cargo 
transfers. Responsibilities of vessel personnel should be identified by 
job title. These procedures must address personnel 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 crew to mitigate or 
prevent any discharge or a substantial threat of such a discharge in the 
event of the following casualties or emergencies:
    (i) Grounding or stranding.
    (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 equipment as 
required under subpart B of this part;
    (4) The procedures for internal transfers of cargo in an emergency;
    (5) The procedures for ship-to-ship transfers of cargo in an 
emergency:
    (i) The format and content of the ship-to-ship transfer procedures 
must be consistent with the Ship to Ship Transfer Guide (Petroleum) 
(incorporated by reference; see Sec. 155.140) published jointly by the 
International Chamber of Shipping and the Oil Companies International 
Marine Forum (OCIMF).
    (ii) The procedures must identify the response resources necessary 
to 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 procedure and 
lightering plan carried aboard the vessel, provided that safety 
considerations are summarized in the response plan.
    (iv) The location of all equipment and fittings, if any, carried 
aboard 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 of 
shipboard equipment which may be carried to mitigate an oil discharge;
    (8) The crew responsibilities, if any, for recordkeeping and 
sampling of spilled oil. Any requirements for sampling must address 
safety procedures to be followed by the crew;

[[Page 384]]

    (9) The crew's responsibilities, if any, to initiate a response and 
supervise shore-based response resources;
    (10) Damage stability and hull stress considerations when performing 
shipboard mitigation measures. This section must identify and describe--
    (i) Activities in which the crew is trained and qualified to execute 
absent shore-based support or advice; and
    (ii) The information to be collected by the vessel's crew to 
facilitate 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 be 
maintained ashore by either the vessel owner or operator or the vessel's 
recognized classification society unless the vessel has prearranged for 
a shore-based damage stability and residual strength calculation program 
with the vessel's baseline strength and stability characteristics pre-
entered. The response plan must indicate the shore location and 24-hour 
access procedures of the calculation program or the 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 access 
procedures for the computerized, shore-based damage stability and 
residual structural strength calculation programs required by Sec. 
155.240.
    (d) Shore-based response activities. This section of the response 
plan must include the following information:
    (1) The qualified individual's responsibilities and authority, 
including immediate communication with the Federal on-scene coordinator 
and notification of the oil spill removal organization(s) identified in 
the plan.
    (2) If applicable, procedures for transferring responsibility for 
direction of response activities from vessel personnel to the shore-
based spill management team.
    (3) The procedures for coordinating the actions of the vessel owner 
or operator or qualified individual with the predesignated Federal on-
scene coordinator responsible for overseeing or directing those actions.
    (4) The organizational structure that will be used to manage the 
response actions. This structure must include the following functional 
areas and must further include information for key components within 
each 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 job 
descriptions for each oil spill management team position within the 
organizational structure identified in paragraph (d)(4) of this section.
    (e) List of contacts. The name, location, and 24-hour contact 
information for the following key individuals and organizations must be 
included in this section of the response plan or, if more appropriate, 
in a geographic-specific appendix and referenced in this section of the 
response plan:
    (1) Vessel owner or operator.
    (2) Qualified individual and alternate qualified individual for the 
vessel's area of operation.
    (3) Applicable insurance representatives or surveyors for the 
vessel's area of operation.
    (4) The vessel's local agent(s) for the vessel's area of operation.
    (5) Person(s) within the oil spill removal organization to notify 
for activation of that oil spill removal organization for the three 
spill scenarios identified in paragraph (i)(5) of this section for the 
vessel's area of operation.
    (6) Person(s) within the identified response organization to notify 
for activating that organization to provide:
    (i) The required emergency lightering required by Sec. 155.1050(j), 
Sec. 155.1052(g), Sec. 155.1230(g), or Sec. 155.2230(g), as 
applicable to the type of service of the vessel; and
    (ii) The required salvage and firefighting required by Sec. 
155.1050(j), Sec. 155.1052(e), Sec. 155.1230(e), and

[[Page 385]]

Sec. 155.2230(e), as applicable to the type of service of the vessel.
    (7) Person(s) to notify for activation of the spill management team 
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 plan must 
address the training procedures and programs of the vessel owner or 
operator to meet the requirements in Sec. 155.1055.
    (g) Exercise procedures. This section of the response plan must 
address the exercise program to be carried out by the vessel owner or 
operator to meet the requirements in Sec. 155.1060.
    (h) Plan review, update, revision, amendment, and appeal procedure. 
This section of the response plan must address--
    (1) The procedures to be followed by the vessel owner or operator to 
meet the requirements of Sec. 155.1070; and
    (2) The procedures to be followed for any post-discharge review of 
the plan to evaluate and validate its effectiveness.
    (i) Geographic-specific appendices for each COTP zone in which a 
vessel operates. A geographic-specific appendix must be included for 
each COTP zone identified. The appendices must include the following 
information or identify the location of such information within the 
plan:
    (1) A list of the geographic areas (port areas, rivers and canals, 
Great Lakes, inland, nearshore, offshore, and open ocean areas) in which 
the vessel intends to handle, store, or transport oil within the 
applicable COTP zone.
    (2) The volume and group of oil on which the required level of 
response resources are calculated.
    (3) Required Federal or State notifications applicable to the 
geographic areas in which a vessel operates.
    (4) Identification of the qualified individuals.
    (5) Identification of the oil spill removal organization(s) that are 
identified and ensured available, through contract or other approved 
means, and the spill management team to respond to the following spill 
scenarios:
    (i) Average most probable discharge.
    (ii) Maximum most probable discharge.
    (iii) Worst case discharge.
    (6) The organization(s) identified to meet the requirements of 
paragraph (i)(5) of this section must be capable of providing the 
equipment and supplies necessary to meet the requirements of Sec. Sec. 
155.1050, 155.1052, 155.1230, and 155.2230, as appropriate, and sources 
of trained personnel to continue operation of the equipment and staff 
the oil spill removal organization(s) and spill management team 
identified for the first 7 days of the response.
    (7) The appendix must list the response resources and related 
information 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 by 
the Coast Guard and their capability has been determined to equal or 
exceed the response capability needed by the vessel, the appendix may 
identify only the organization and their applicable classification and 
not the information required in paragraph (i)(7) of this section.
    (9) For vessels that handle, store, or transport Group I through 
Group V petroleum oils, the appendix must also separately list the 
resource providers identified to provide the salvage, vessel 
firefighting, and lightering capabilities required in this subpart.
    (10) For vessels that handle, store, or transport Group II through 
Group IV petroleum oils, and that operate in waters where dispersant use 
pre-authorization agreements exist, the appendix must also separately 
list the resource providers and specific resources, including 
appropriately trained dispersant-application personnel, necessary to 
provide, if appropriate, the dispersant capabilities required in this 
subpart. All resource providers and resources must be available by 
contract or other approved means. The dispersant resources to be listed 
within this section must include the following:
    (i) Identification of each primary dispersant staging site to be 
used by each dispersant-application platform to meet the requirements of 
Sec. 155.1050(k) of this chapter;
    (ii) Identification of the platform type, resource provider, 
location, and dispersant payload for each dispersant-

[[Page 386]]

application platform identified. Location data must identify the 
distance between the platform's home base and the identified primary 
dispersant-staging site(s) for this section.
    (iii) For each unit of dispersant stockpile required to support the 
effective daily application capacity (EDAC) of each dispersant-
application platform necessary to sustain each intended response tier of 
operation, identify the dispersant product resource provider, location, 
and volume. Location data must include the distance from the stockpile 
to the primary staging sites where the stockpile would be loaded onto 
the corresponding platforms. If an oil spill removal organization has 
been evaluated by the Coast Guard and its capability has been determined 
to meet the response capability needed by the owner or operator, the 
section may identify the oil spill removal organization only, and not 
the information required in paragraphs (i)(10)(i) through (i)(10)(iii) 
of this section.
    (11) The appendix must also separately list the resource providers 
and specific resources necessary to provide oil-tracking capabilities 
required in this subpart. The oil tracking resources to be listed within 
this section must include the following:
    (i) The identification of a resource provider; and
    (ii) The type and location of aerial surveillance aircraft that have 
been ensured available, through contract or other approved means, to 
meet the oil tracking requirements of Sec. 155.1050(l) of this chapter.
    (j) Appendices for vessel-specific information. This section must 
include for each vessel covered by the plan the following information:
    (1) List of the vessel's principal characteristics.
    (2) Capacities of all cargo, fuel, lube oil, ballast, and fresh 
water tanks.
    (3) The total volume and cargo groups of oil cargo that would be 
involved 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 aboard 
the vessel providing the response plan identifies the location).
    (6) Midships section plan (can be maintained separately aboard the 
vessel 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 response 
plan identifies the location).
    (8) Damage stability data (can be maintained separately providing 
the response plan identifies the location).
    (9) Location of cargo and fuel stowage plan for vessel (normally 
maintained separately aboard the vessel).
    (10) Location of information on the name, description, physical and 
chemical characteristics, health and safety hazards, and spill and 
firefighting procedures for the oil cargo aboard the vessel. A material 
safety data sheet meeting the requirements of 29 CFR 1910.1200, cargo 
information required by 33 CFR 154.310, or equivalent will meet this 
requirement. This information can be maintained separately.

[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended by CGD 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; USCG-2001-8661, 74 FR 45027, Aug. 
31, 2009; USCG-2010-0351, 75 FR 36285, June 25, 2010]



Sec. 155.1040  Response plan requirements for unmanned tank barges carrying 

oil as a primary cargo.

    (a) General information and introduction. This section of the 
response plan must include--
    (1) A list of tank barges covered by the plan, which must include 
the country of registry, call sign, IMO international numbers (if 
applicable), and official numbers of the listed tank barges;
    (2) The name, address, and procedures for contacting the barge's 
owner or operator on a 24-hour basis;
    (3) A list of the COTP zones in which the tank barges covered by the 
plan intend to handle, store, or transport oil;
    (4) A table of contents or index of sufficient detail to permit 
personnel with responsibilities under the response plan to locate the 
specific sections of the plan; and

[[Page 387]]

    (5) A record of change(s) page used to record information on plan 
reviews, updates or revisions.
    (b) Notification procedures. This section of the response plan must 
include the following notification information:
    (1) A checklist with all notifications. The checklist must include 
notifications required by MARPOL 73/78, 33 CFR part 153, and any 
applicable State, including telephone or other contact numbers, in the 
order of priority and the information required for those notifications 
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 discharge or 
substantial threat of a discharge of oil. If the notifications vary due 
to the location of the barge, the persons to be notified also must be 
identified in a geographic-specific appendix. This section must 
separately identify--
    (i) The individual(s) or organization(s) to be notified by the 
towing vessel; and
    (ii) The individual(s) or organization(s) to be notified by shore-
based personnel.
    (3) The procedures for notifying the qualified individuals 
designated by the barge's owner or operator.
    (4) Identification of the primary and, if available, secondary 
communications 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 any 
follow-up notifications required by paragraph (b)(1) of this section.
    (i) The initial notification information must include at least the 
following 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 (if 
applicable);
    (F) Radio station(s) frequencies guarded by towing vessel (if 
applicable);
    (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 or 
threat 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 much as 
possible of the information essential for the protection of the marine 
environment as is appropriate to the incident must be reported to the 
appropriate on-scene coordinator in a follow-up report. This information 
must include--
    (A) Additional detail on the type of cargo on board;
    (B) Additional details on the condition of the barge and ability to 
transfer cargo, ballast, and fuel;
    (C) Additional details on the quantity, extent and movement of the 
pollution 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 the 
movement of the vessel.
    (6) Identification of the person(s) to be notified of a vessel 
casualty potentially affecting the seaworthiness of a vessel and the 
information to be provided by the towing vessel personnel or tankermen, 
as applicable, to shore-based personnel to facilitate the assessment of 
damage stability and stress.
    (c) Shipboard spill mitigation procedures. This section of the 
response plan must include--
    (1) Procedures to be followed by the tankerman, as defined in 46 CFR 
35.35-1, to mitigate or prevent any discharge or a substantial threat of 
such a discharge of oil resulting from operational activities and 
casualties. These procedures must address personnel actions in the event 
of a--
    (i) Transfer system leak;
    (ii) Tank overflow; or

[[Page 388]]

    (iii) Suspected cargo tank or hull leak;
    (2) Procedures in the order of priority for the towing vessel or 
barge owner or operator to mitigate or prevent any discharge or a 
substantial threat of such a discharge of oil in the event of the 
following 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 employ 
discharge removal equipment required by subpart B of this part;
    (4) The procedures for the internal transfer of cargo in an 
emergency;
    (5) The procedures for ship-to-ship transfers of cargo in an 
emergency:
    (i) The procedures must identify the response resources necessary to 
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 or a 
lightering plan provided that safety considerations are summarized in 
the response plan.
    (iii) The location of all equipment and fittings, if any, 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 barge;
    (7) The location and procedures for use of equipment stowed aboard 
either the barge or towing vessel to mitigate an oil discharge;
    (8) The responsibilities of the towing vessel crew and facility or 
fleeting area personnel, if any, to initiate a response and supervise 
shore-based response resources;
    (9) Damage stability, if applicable, and hull stress considerations 
when performing on board mitigation measures. This section must identify 
and describe--
    (i) Activities in which the towing vessel crew or tankerman is 
trained and qualified to execute absent shore-based support or advice;
    (ii) The individuals who shall be notified of a casualty potentially 
affecting the seaworthiness of the barge; and
    (iii) The information that must be provided by the towing vessel to 
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 plans must 
be maintained ashore by either the barge owner or operator or the 
vessel's recognized classification society. The response plan must 
indicate the shore location and 24-hour access procedures of the 
following 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 shore location 
and 24-hour access procedures for the computerized shore-based damage 
stability and residual structural strength calculation programs required 
by Sec. 155.240.
    (d) Shore-based response activities. This section of the response 
plan must include the following information:
    (1) The qualified individual's responsibilities and authority, 
including immediate communication with the Federal on-scene coordinator 
and notification of the oil spill removal organization(s) identified in 
the plan.
    (2) If applicable, procedures for transferring responsibility for 
direction of response activities from towing vessel personnel or 
tankermen to the shore-based spill management team.
    (3) The procedures for coordinating the actions of the barge owner 
or operator of qualified individual with the action of the predesignated 
Federal on-scene coordinator responsible for overseeing or directing 
those actions.
    (4) The organizational structure that will manage the barge owner or 
operator's response actions. This structure must include the following 
functional

[[Page 389]]

areas and must further include information for key components within 
each 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 job 
descriptions for each oil spill management team position within the 
organizational structure identified in paragraph (d)(4) of this section.
    (e) List of contacts. The name, location, and 24-hour contact 
information for the following key individuals and organizations must be 
included in this section or, if more appropriate, in a geographic-
specific appendix and referenced in this section:
    (1) Barge owner or operator.
    (2) Qualified individual and alternate qualified individual for the 
tank barge's area of operation.
    (3) Applicable insurance representatives or surveyors for the 
barge's area(s) of operation.
    (4) Person(s) within the oil spill removal organization to notify 
for activation of that oil spill removal organization for the spill 
scenarios identified in paragraph (j)(5) of this section for the 
barges's area(s) of operation.
    (5) Person(s) within the identified response organization to notify 
for activating that organization to provide:
    (i) The required emergency lightering required by Sec. Sec. 
155.1050(j), 155.1052(g), 155.1230(g), and 155.2230(g), as applicable to 
the type of service of the barge(s); and
    (ii) The required salvage and fire fighting required by Sec. Sec. 
155.1050(j), 155.1052(e), 155.1230(e), and 155.2230(e), as applicable to 
the type of service of the barge(s).
    (6) Person(s) to notify for activation of the spill management team 
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 plan must 
address the training procedures and programs of the barge owner or 
operator to meet the requirements in Sec. 155.1055.
    (g) Exercise procedures. This section of the response plan must 
address the exercise program carried out by the barge owner or operator 
to meet the requirements in Sec. 155.1060.
    (h) Plan review, update, revisions amendment, and appeal procedure. 
This section of the response plan must address--
    (1) The procedures to be followed by the barge owner or operator to 
meet the requirements of Sec. 155.1070; and
    (2) The procedures to be followed for any post-discharge review of 
the plan to evaluate and validate its effectiveness.
    (i) On board notification checklist and emergency procedures. This 
portion of the response plan must be maintained in the documentation 
container aboard the unmanned barge. The owner or operator of an 
unmanned tank barge subject to this section shall provide the personnel 
of the towing vessel, fleeting area, or facility that the barge may be 
moored at with the information required by this paragraph and the 
responsibilities that the plan indicates will be carried out by these 
personnel. The on board notification checklist and emergency procedures 
must include--
    (1) The toll-free number of the National Response Center;
    (2) The name and procedures for contacting a primary qualified 
individual and at least one alternate on a 24-hour basis;
    (3) The name, address, and procedure for contacting the vessel's 
owner or operator on a 24-hour basis;
    (4) The list of information to be provided in the notification by 
the reporting personnel;
    (5) A statement of responsibilities of and actions to be taken by 
reporting personnel after an oil discharge or substantial threat of such 
discharge; and
    (6) The information contained in paragraph (c)(1) of this section.
    (j) Geographic-specific appendices for each COTP zone in which a 
tank barge operates. A geographic-specific appendix must be included for 
each COTP zone identified. The appendices must include the following 
information or identify the location of such information within the 
plan:

[[Page 390]]

    (1) A list of the geographic areas (port areas, rivers and canals, 
Great Lakes, inland, nearshore, offshore, and open ocean areas) in which 
the barge intends to handle, store, or transport oil within the 
applicable COTP zone.
    (2) The volume and group of oil on which the required level of 
response resources are calculated.
    (3) Required Federal or State notifications applicable to the 
geographic areas in which the barge operates.
    (4) Identification of the qualified individuals.
    (5) Identification of the oil spill removal organization(s) that are 
identified and ensured available, through contract or other approved 
means and the spill management team to provide the response resources 
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 of 
paragraph (j)(5) of this section must be capable of providing the 
equipment and supplies necessary to meet the provisions of Sec. Sec. 
155.1050, 155.1052, 155.1230, and 155.2230, as appropriate, and sources 
of trained personnel to continue operation of the equipment and staff 
the oil spill removal organization(s) and spill management team 
identified for the first seven days of the response.
    (7) The appendix must list the response resources and related 
information 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 the necessary 
response resources has been evaluated by the Coast Guard and their 
capability has been determined to equal or exceed the response 
capability needed by the vessel, the appendix may identify only the 
organization and their applicable classification and not the information 
required in paragraph (j)(7) of this section.
    (9) The appendix must include a separate listing of the resource 
providers identified to provide the salvage, vessel firefighting, and 
lightering capabilities required in this subpart.
    (10) The appendix must include a separate listing of the resource 
providers and specific resources necessary to provide, if appropriate, 
the dispersant capabilities required in this subpart. The dispersant 
resources to be listed within this section must include:
    (i) Identification of a primary dispersant-staging site or sites to 
be used by each dispersant-application platform that is ensured 
available, through contract or other approved means, to meet the 
requirements of Sec. 155.1050(k);
    (ii) Identification of the type, resource provider, location, and 
dispersant payload for each dispersant-application platform identified 
and ensured available. Location data must identify the distance between 
the platform's home base and the identified primary dispersant staging 
sites for this section; and,
    (iii) For each unit of dispersant stockpile required to support the 
effective daily application capacity (EDAC) of each dispersant-
application platform necessary to sustain each intended response tier of 
operation, identification of the dispersant product resource provider, 
location, and volume. Location data must include the stockpile's 
distance to the primary staging sites where it will be loaded onto the 
corresponding platforms. If an oil spill removal organization has been 
evaluated by the Coast Guard and its capability has been determined to 
equal or exceed the response capability needed by the owner or operator, 
the appendix may identify only the oil spill removal organization, and 
not the information required in paragraphs (j)(10)(i) through 
(j)(10)(iii) of this section.
    (11) The appendix must include a separate listing of the resource 
providers and specific resources necessary to provide oil-tracking 
capabilities required in this subpart. The oil tracking resources listed 
within this section must include:
    (i) The identification of a resource provider; and,
    (ii) The type and location of aerial surveillance aircraft that have 
been ensured available, through contract or other approved means, to 
meet the oil

[[Page 391]]

tracking requirements of Sec. 155.1050(l) of this chapter.
    (k) Appendices for barge-specific information. Because many of the 
tank barges covered by a response plan may be of the same design, this 
information does not need to be repeated provided the plan identifies 
the tank barges to which the same information would apply. The 
information must be part of the response plan unless specifically noted. 
This section must include for each barge covered by 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 would be 
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 separately providing 
that the location is identified).
    (6) Midships section plan (can be maintained separately providing 
that the location is identified).
    (7) Cargo and fuel piping diagrams and pumping plan, as applicable 
(can be maintained separately providing that the location is 
identified).
    (8) Damage stability data, if applicable.
    (9) Location of cargo and fuel stowage plan for barge(s) (normally 
maintained separately).
    (10) Location of information on the name, description, physical and 
chemical characteristics, health and safety hazards, and spill and 
firefighting procedures for the oil cargo aboard the barge. A material 
safety data sheet meeting the requirements of 29 CFR 1910.1200, cargo 
information required by 33 CFR 154.310, or equivalent will meet this 
requirement. This information can be maintained separately.

[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended by USCG-2001-8661, 74 
FR 45027, Aug. 31, 2009; USCG-2010-0351, 75 FR 36285, June 25, 2010]



Sec. 155.1045  Response plan requirements for vessels carrying oil as a 

secondary cargo.

    (a) General information and introduction. This section of the 
response plan must include--
    (1) The vessel's name, country of registry, call sign, official 
number, and IMO international number (if applicable). If the plan covers 
multiple vessels, this information must be provided for each vessel;
    (2) The name, address, and procedures for contacting the vessel's 
owner 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 permit 
personnel with responsibilities under the response plan to locate the 
specific sections of the plan; and
    (5) A record of change(s) page used to record information on plan 
updates or revisions.
    (6) As required in paragraph (c) of this section, the vessel owner 
or operator must list in his or her plan the total volume of oil carried 
in bulk as cargo.
    (i) For vessels that transfer a portion of their fuel as cargo, 25 
percent of the fuel capacity of the vessel plus the capacity of any oil 
cargo tank(s) will be assumed to be the cargo volume for determining 
applicable response plan requirements unless the vessel owner or 
operator indicates otherwise.
    (ii) A vessel owner or operator can use a volume less than 25 
percent if he or she submits historical data with the plan that 
substantiates the transfer of a lower percentage of its fuel capacity 
between refuelings.
    (b) Notification procedures. This section of the response plan must 
include the following notification information:
    (1) A checklist with all notifications, including telephone or other 
contact numbers, in the order of priority to be made by shipboard or 
shore-based personnel and the information required for those 
notifications. Notifications must include those required by--
    (i) MARPOL 73/78 and 33 CFR part 153; and
    (ii) Any applicable State.

[[Page 392]]

    (2) Identification of the person(s) to be notified of a discharge or 
substantial threat of discharge of oil. If notifications vary due to 
vessel location, the person(s) to be notified also must be identified in 
a geographic-specific appendix. This section must separately identify--
    (i) The individual(s) or organization(s) to be notified by shipboard 
personnel; and
    (ii) The individual(s) or organization(s) to be notified by shore-
based personnel.
    (3) The procedures for notifying the qualified individual and 
alternate qualified individual.
    (4) Descriptions of the primary and, if available, secondary 
communication 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 any 
follow-up notifications required by paragraph (b)(1) of this section.
    (i) The initial notification may be submitted in accordance with IMO 
Resolution A648(16) ``General Principles for Ship Reporting Systems and 
Ship Reporting Requirements.'' It must include at least the following 
information:
    (A) Vessel name, country of registry, call sign, IMO international 
number (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 or 
threat 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 much as 
possible of the information essential for the protection of the marine 
environment as is appropriate to the incident must be reported to the 
appropriate on-scene coordinator in a follow-up report. This information 
must include--
    (A) Additional details on the type of cargo on board;
    (B) Additional details on the condition of the vessel and ability to 
transfer cargo, ballast, and fuel;
    (C) Additional details on the quantity, extent and movement of the 
pollution 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 the 
movement of the ship.
    (c) Shipboard spill mitigation procedures. This section of the 
response plan must identify the vessel's total volumes of oil carried in 
bulk as cargo and meet the applicable requirements of this paragraph as 
in paragraph (a)(6) of this section.
    (1) For vessels carrying 100 barrels or less of oil in bulk as 
cargo, the plan must include a basic emergency action checklist for 
vessel personnel including notification and actions to be taken to 
prevent or mitigate any discharge or substantial threat of such a 
discharge of oil from the vessel.
    (2) For vessels carrying over 100 barrels of oil but not exceeding 
5,000 barrels of oil in bulk as cargo, the plan must include--
    (i) Detailed information on actions to be taken by vessel personnel 
to prevent or mitigate any discharge or substantial threat of such a 
discharge of oil from the vessel due to operational activities or 
casualties;
    (ii) Detailed information on damage control procedures to be 
followed by vessel personnel;
    (iii) Detailed procedures for internal or external transfer of oil 
in bulk as cargo in an emergency; and

[[Page 393]]

    (iv) Procedures for use of any equipment carried aboard the vessel 
for spill mitigation.
    (3) For vessels carrying over 5,000 barrels of oil as a secondary 
cargo, the plan must provide the information required by Sec. 
155.1035(c) for shipboard spill mitigation procedures.
    (4) For all vessels, the plan must include responsibilities and 
actions to be taken by vessel personnel, if any, to initiate a response 
and supervise shore-based response resources.
    (d) Shore-based response activities. This section of the response 
plan must include the following information:
    (1) The qualified individual's responsibilities and authority, 
including immediate communication with the Federal on-scene coordinator 
and notification of the oil spill removal organization(s) identified in 
the plan.
    (2) If applicable, procedures for transferring responsibility for 
direction of response activities from vessel personnel to the shore-
based spill management team.
    (3) The procedures for coordinating the actions of the vessel owner 
or operator with the actions of the predesignated Federal on-scene 
coordinator responsible for overseeing or directing those actions.
    (4) The organizational structure that will be used to manage the 
response actions. This structure must include the following functional 
areas and must further include information for key components within 
each 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 description for 
each oil spill management team member within the organizational 
structure identified in paragraph (d)(4) of this section.
    (e) List of contacts. The name, location, and 24-hour contact 
information for the following key individuals or organizations must be 
included in this section or, if more appropriate, in a geographic-
specific appendix and referenced in this section:
    (1) Vessel owner or operator, and if applicable, charterer.
    (2) Qualified individual and alternate qualified individual for the 
vessel's area of operation.
    (3) Vessel's local agent(s), if applicable, for the vessel's area of 
operation.
    (4) Applicable insurance representatives or surveyors for the 
vessel's area of operation.
    (5) Person(s) within the identified oil spill removal 
organization(s) to notify for activation of the oil spill removal 
organization(s) identified under paragraph (i)(3) of this section for 
the vessel's area of operation.
    (6) Person(s) to notify for activation of the spill management team.
    (f) Training procedures. (1) This section of the response plan must 
address the training procedures and programs of the vessel owner or 
operator. The vessel owner or operator shall ensure that--
    (i) All personnel with responsibilities under the plan receive 
training in their assignments and refresher training as necessary, and 
participate 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, at 
the U.S. location of the spill management team, or with the qualified 
individual. The plan must specify where the records are located.
    (2) Nothing in this section relieves the vessel owner or operator 
from responsibility to ensure that all private shore-based response 
personnel are trained to meet the Occupational Safety and Health 
Administration (OSHA) standards for emergency response operations in 29 
CFR 1910.120.
    (g) Exercise procedures. This section of the response plan must 
address the exercise program carried out by the vessel owner or operator 
to evaluate the ability of vessel and shore-based personnel to perform 
their identified functions in the plan. The required exercise frequency 
for each category of vessel is as follows:
    (1) For vessels carrying 100 barrels or less of oil as cargo--

[[Page 394]]

    (i) On board spill mitigation procedures and qualified individual 
notification exercises must be conducted annually; and
    (ii) Shore-based oil spill removal organization exercises must be 
conducted biennially.
    (2) For vessels carrying over 100 barrels and up to 5,000 barrels of 
oil in bulk as cargo--
    (i) On board emergency procedures and qualified individual 
notification exercises must be conducted quarterly; and
    (ii) Shore-based oil spill removal organization exercises must be 
conducted annually.
    (3) Vessels carrying over 5,000 barrels of oil in bulk as cargo must 
meet the exercise requirement of Sec. 155.1060.
    (h) Plan review, update, revision, amendment, and appeal procedures. 
This section of the response plan must address--
    (1) The procedures to be followed by the vessel owner or operator to 
meet the requirement of Sec. 155.1070; and
    (2) The procedures to be followed for any post-discharge review of 
the plan to evaluate and validate its effectiveness
    (i) Geographic-specific appendices for each COTP zone in which a 
vessel operates. A geographic-specific appendix must be included for 
each COTP zone identified. The appendix must include the following 
information or identify the location of such information within the 
plan:
    (1) Required Federal or State notifications applicable to the 
geographic areas in which a vessel operates.
    (2) Identification of the qualified individuals.
    (3) A list of the oil spill removal organization(s) and the spill 
management team(s) available to respond to the vessel's worst case oil 
discharge in each COTP zone in which a vessel operates. The oil spill 
removal organization(s) identified must be capable of commencing oil 
spill containment and on-water recovery within the response times listed 
for Tier 1 in Sec. 155.1050(g); providing temporary storage of 
recovered oil; and conducting shoreline protection and cleanup 
operations. An oil spill removal organization may not be identified in 
the plan unless the organization has provided written consent to being 
identified in the plan as an available resource.
    (j) Appendices for vessel-specific information. This section must 
include for each vessel covered by the plan the following information:
    (1) List of the vessel's principal characteristics (i.e., length, 
beam, gross tonnage, etc.).
    (2) Capacities of all cargo, fuel, lube oil, ballast, and fresh 
water tanks.
    (3) The total volume and cargo groups of oil cargo that would be 
involved 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 the vessel 
providing the response plan identifies the location.
    (6) Location of information on the name, description, physical and 
chemical characteristics, health and safety hazards, and spill and 
firefighting procedures for the oil cargo aboard the vessel. A material 
safety data sheet meeting the requirements of 29 CFR 1910.1200, cargo 
information required by 33 CFR 154.310, or the equivalent, will meet 
this requirement. This information can be maintained separately on board 
the vessel, providing the response plan identifies the location.



Sec. 155.1050  Response plan development and evaluation criteria for vessels 

carrying groups I through IV petroleum oil as a primary cargo.

    (a) The following criteria must be used to evaluate the operability 
of response resources identified in the response plan for the 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 be 
used solely for identification of appropriate equipment in a response 
plan.
    (ii) These criteria reflect conditions used for planning purposes to 
select mechanical response equipment and are not conditions that would 
limit response actions or affect normal vessel operations.

[[Page 395]]

    (2) Limitations that are identified in the Area Contingency Plans 
for 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 location 
within the COTP zone. Any reclassifications will be identified in the 
applicable Area Contingency Plan. Reclassifications may be to--
    (1) A more stringent operating environment if the prevailing wave 
conditions exceed the significant wave height criteria during more than 
35 percent of the year; or
    (2) A less stringent operating environment if the prevailing wave 
conditions do not exceed the significant wave height criteria for the 
less stringent operating environment during more than 35 percent of the 
year.
    (c) Response equipment must--
    (1) Meet or exceed the criteria listed in table 1 of appendix B of 
this part;
    (2) Be capable of functioning in the applicable operating 
environment; and
    (3) Be appropriate for the petroleum oil carried.
    (d) The owner or operator of a vessel that carries groups I through 
IV petroleum oil as a primary cargo shall identify in the response plan 
and ensure the availability of, through contract or other approved 
means, the response resources that will respond to a discharge up to the 
vessel's average most probable discharge.
    (1) For a vessel that carries groups I through IV petroleum oil as 
its primary cargo, the response resources must include--
    (i) Containment boom in a quantity equal to twice the length of the 
largest vessel involved in the transfer and capable of being deployed at 
the site of oil transfer operations--
    (A) Within 1 hour of detection of a spill, when the transfer is 
conducted 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 conducted over 12 
miles up to 200 miles from the nearest shoreline; and
    (ii) Oil recovery devices and recovered oil storage capacity capable 
of being at the transfer site--
    (A) Within 2 hours of the detection of a spill during transfer 
operations, when the transfer is conducted 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 conducted over 12 
miles up to 200 miles from the nearest shoreline.
    (2) For locations of multiple vessel transfer operations, a vessel 
may identify the same equipment as identified by other vessels, provided 
that each vessel has ensured access to the equipment through contract or 
other approved means. Under these circumstances, prior approval by the 
Coast Guard is not required for temporary changes in the contracted oil 
spill removal organization under Sec. 155.1070(c)(5).
    (3) The owner or operator of a vessel conducting transfer operations 
at a facility required to submit a response plan under 33 CFR 154.1017 
is required to plan for and identify the response resources required in 
paragraph (d)(1) of this section. However, the owner or operator is not 
required to ensure by contract or other means the availability of such 
resources.
    (e) The owner or operator of a vessel carrying groups I through IV 
petroleum oil as a primary cargo must identify in the response plan and 
ensure the availability of, through contract or other approved means, 
the response resources necessary to respond to a discharge up to the 
vessel's maximum most probable discharge volume.
    (1) These resources must be positioned such that they can arrive at 
the scene of a discharge within--
    (i) 12 hours of the discovery of a discharge in higher volume port 
areas and the Great Lakes;
    (ii) 24 hours of the discovery of a discharge in all rivers and 
canals, inland, nearshore and offshore areas; and
    (iii) 24 hours of the discovery of a discharge plus travel time from 
shore for open ocean areas.
    (2) The necessary response resources include sufficient containment 
boom,

[[Page 396]]

oil recovery devices, and storage capacity for any recovery 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 recovery device 
that is identified for plan credit.
    (4) The response resources identified for responding to a maximum 
most probable discharge must be positioned to be capable of meeting the 
planned arrival times in this paragraph. The COTP with jurisdiction over 
the area in which the vessel is operating must be notified whenever the 
identified response resources are not capable of meeting the planned 
arrival times.
    (f) The owner or operator of a vessel carrying groups I through IV 
petroleum oil as a primary cargo must identify in the response plan and 
ensure the availability of, through contract or other approved means, 
the response resources necessary to respond to discharges up to the 
worst case discharge volume of the oil cargo to the maximum extent 
practicable.
    (1) The location of these resources must be suitable to meet the 
response times identified for the applicable geographic area(s) of 
operation 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 recovery 
devices, 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 recovery device 
that is identified for plan credit.
    (5) The guidelines in appendix B of this part must be used for 
calculating the quantity of response resources required to respond at 
each tier to the worst case discharge to the maximum extent practicable.
    (6) When determining response resources necessary to meet the 
requirements of this paragraph (f)(6), a portion of those resources must 
be capable of use in close-to-shore response activities in shallow 
water. The following percentages of the response equipment identified 
for the applicable geographic area must be capable of operating in 
waters of 6 feet or less depth:
    (i) Open ocean--none.
    (ii) Offshore--10 percent.
    (iii) Nearshore, inland, Great Lakes, and rivers and canals--20 
percent.
    (7) Response resources identified to meet the requirements of 
paragraph (f)(6) of this section are exempt from the significant wave 
height planning requirements of table 1 of appendix B of this part.
    (g) Response equipment identified to respond to a worst case 
discharge must be capable of arriving on scene within the times 
specified in this paragraph for the applicable response tier in a higher 
volume port area, Great Lakes, and in other areas. Response times for 
these tiers from the time of discovery of a discharge are--

------------------------------------------------------------------------
                                   Tier 1        Tier 2        Tier 3
------------------------------------------------------------------------
Higher volume port area         12 hrs......  36 hrs......  60 hrs
 (except tankers in Prince
 William Sound covered 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
 offshore areas.
Open ocean (plus travel time    24 hrs+.....  48 hrs+.....  72 hrs+
 from shore).
------------------------------------------------------------------------

    (h) For the purposes of arranging for response resources through 
contract or other approved means, response equipment identified for Tier 
1 plan credit must be capable of being mobilized and enroute to the 
scene of a discharge within 2 hours of notification. The notification 
procedures identified in the plan must provide for notification and 
authorization for mobilization of identified Tier 1 response resources--
    (1) Either directly or through the qualified individual; and
    (2) Within 30 minutes of a discovery of a discharge or substantial 
threat of discharge.
    (i) Response resources identified for Tier 2 and Tier 3 plan credit 
must be

[[Page 397]]

capable of arriving on scene within the time listed for the applicable 
tier.
    (j) Salvage (including lightering) and marine firefighting 
requirements are found in subpart I of this part.
    (k) The owner or operator of a vessel carrying groups II through IV 
petroleum oil as a primary cargo that operates in any inland, nearshore, 
or offshore area with pre-authorization for dispersant use must identify 
in their response plan, and ensure availability through contract or 
other approved means, of response resources capable of conducting 
dispersant operations within those areas.
    (1) Dispersant response resources must be capable of commencing 
dispersant-application operations at the site of a discharge within 7 
hours of the decision by the Federal On-Scene Coordinator to use 
dispersants.
    (2) Dispersant response resources must include all of the following:
    (i) Sufficient dispersant capability for application as required by 
paragraph (k)(3) of this section. Any dispersants identified in a 
response plan must be of a type listed on the National Oil and Hazardous 
Substances Pollution Contingency Plan Product Schedule (contained in 40 
CFR part 300, and available online from the U.S. Government Printing 
Office).
    (ii) Dispersant-application platforms capable of delivering and 
applying dispersant in the amounts required by paragraph (k)(3) of this 
section. At least 50 percent of each effective daily application 
capacity (EDAC) tier requirement must be achieved through the use of 
fixed wing aircraft-based application platforms. The adequacy of 
dispersant-application platforms not detailed within the Dispersant 
Mission Planner 2 must be documented by presentation of independent 
evaluation materials (e.g., field tests and reports of actual use).
    (iii) Dispersant-application personnel trained in and capable of 
applying dispersants within the performance criteria in ASTM F1413-07 
(incorporated by reference, see Sec. 155.140). The adequacy of 
dispersant-application systems not fully covered by ASTM F1413-07, such 
as fire monitor-type applicators, must be documented by presentation of 
independent evaluation materials (e.g., laboratory tests, field tests, 
and reports of actual use).
    (iv) Dispersant-application systems ensured to be available, 
including trained personnel, that are capable of applying dispersants in 
accordance with the recommended procedures in ASTM F1737-07 
(incorporated by reference, see Sec. 155.140).

                       Table 155.1050(k)--Tiers for Effective Daily Application Capability
----------------------------------------------------------------------------------------------------------------
                                                     Response    Dispersant application   Dispersant application
                                                     time for   dispersant: oil treated  dispersant: oil treated
                                                    completed      in gallons  (Gulf      in gallons  All other
                                                   application           Coast)                    U.S.
----------------------------------------------------------------------------------------------------------------
Tier 1...........................................           12            8,250:165,000             4,125:82,500
Tier 2...........................................           36           23,375:467,000           23,375:467,000
Tier 3...........................................           60           23,375:467,000           23,375:467,000
                                                  --------------------------------------------------------------
    Total........................................           60         55,000:1,100,000         50,875:1,017,500
----------------------------------------------------------------------------------------------------------------

    Note: Gulf Coast Tier 1 is higher due to greater potential spill 
size and frequency in that area, and it is assumed that dispersant 
stockpiles would be centralized in the Gulf area. Alternative 
application ratios may be considered based on submission to Coast Guard 
Headquarters, Office of Incident Management & Preparedness (CG-533) of 
peer-reviewed scientific evidence of improved capability.
    (3) Dispersant stockpiles, application platforms, and other 
supporting resources must be ensured available in a quantity and type 
sufficient to treat a vessel's worst case discharge (as determined by 
using the criteria in Section 8 of appendix B), or in quantities 
sufficient to meet the requirements in Table 155.1050(k), whichever is 
the lesser amount.
    (l) The owner or operator of a vessel carrying groups I through IV 
petroleum oil as a primary cargo must identify in the response plan, and 
ensure their availability through contract or other approved means, 
response resources necessary to provide aerial oil

[[Page 398]]

tracking to support oil spill assessment and cleanup activities. Vessels 
operating on inland rivers are not required to comply with this 
paragraph.
    (1) Aerial oil tracking resources must be capable of arriving at the 
site of a discharge in advance of the arrival of response resources 
identified in the plan for tiers 1, 2, and 3 Worst Case Discharge 
response times, and for a distance up to 50 nautical miles from shore 
(excluding inland rivers).
    (2) Aerial oil tracking resources must include the following:
    (i) Appropriately located aircraft and personnel capable of meeting 
the response time requirement for oil tracking in Sec. 155.1050(l)(1) 
of this section;
    (ii) Sufficient numbers of aircraft, pilots, and trained observation 
personnel to support oil spill operations, commencing upon initial 
assessment, and capable of coordinating on-scene cleanup operations, 
including dispersant, in-situ burning, and mechanical recovery 
operations;
    (iii) Observation personnel must be trained in the protocols of oil 
spill reporting and assessment, including estimation of slick size, 
thickness, and quantity. Observation personnel must be trained in the 
use of assessment techniques in ASTM F1779-08 (incorporated by 
reference, see Sec. 155.140), and familiar with the use of pertinent 
guides, including, but not limited to, NOAA's ``Open Water Oil 
Identification Job Aid for Aerial Observation'' and the ``Characteristic 
Coastal Habitats'' guide; and
    (iv) The capability of supporting oil spill removal operations 
continuously for three 10-hour operational periods during the initial 72 
hours of the discharge.
    (m) [Reserved]
    (n) The owner or operator of a vessel carrying groups I through IV 
petroleum oil as a primary cargo must identify in the response plan and 
ensure the availability of, through contract or other approved means, 
response resources necessary to perform shoreline protection operations.
    (1) The response resources must include the quantities of boom 
listed in table 2 of appendix B of this part, based on the areas in 
which the vessel operates.
    (2) Vessels that intend to offload their cargo at the Louisiana 
Offshore Oil Port (LOOP) marine terminal are not required to comply with 
the requirements of this paragraph when they are within the offshore 
area and under one of the following conditions:
    (i) Approaching or departing the LOOP marine terminal within the 
LOOP Shipping Safety Fairway, as defined in 33 CFR 166.200.
    (ii) Moored at the LOOP marine terminal for the purposes of cargo 
transfer operations or anchored in the designated anchorage area 
awaiting discharge.
    (o) The owner or operator of a vessel carrying groups I through IV 
petroleum oil as a primary cargo must identify in the response plan and 
ensure the availability of, through contract or other approved means, an 
oil spill removal organization capable of effecting a shoreline cleanup 
operation commensurate with the quantity of emulsified petroleum oil to 
be planned for in shoreline cleanup operations.
    (1) The shoreline cleanup resources required must be determined as 
described in appendix B of this part.
    (2) Vessels that intend to offload their cargo at the Louisiana 
Offshore Oil Port (LOOP) marine terminal are not required to comply with 
the requirements of this paragraph when they are within the offshore 
area and under one of the following conditions:
    (i) Approaching or departing the LOOP marine terminal within the 
LOOP Shipping Safety Fairway as defined in 33 CFR 166.200.
    (ii) Moored at the LOOP marine terminal for the purposes of cargo 
transfer operations or anchored in the designated anchorage area 
awaiting discharge.
    (p) Appendix B of this part sets out caps that recognize the 
practical and technical limits of response capabilities for which an 
individual vessel owner or operator can contract in advance. Table 6 in 
appendix B lists the contracting caps that are applicable, as of 
February 18, 1993, and that are slated to apply on February 18, 1998. 
The owner or operator of a vessel carrying groups I through IV petroleum 
oil as a primary cargo, whose required daily recovery capacity exceeds 
the applicable

[[Page 399]]

contracting caps in table 6, shall identify commercial sources of 
additional equipment equal to twice the cap listed for each tier or the 
amount necessary to reach the calculated planning volume, whichever is 
lower, to the extent that this equipment is available. The equipment so 
identified must be capable of arriving on scene no later than the 
applicable tier response times contained in Sec. 155.1050(g) or as 
quickly as the nearest available resource permits. A response plan must 
identify the specific sources, locations, and quantities of this 
additional equipment. No contract is required.
    (q) The Coast Guard will continue to evaluate the environmental 
benefits, cost efficiency and practicality of increasing mechanical 
recovery capability requirements. This continuing evaluation is part of 
the Coast Guard's long term commitment to achieving and maintaining an 
optimum mix of oil spill response capability across the full spectrum of 
response modes. As best available technology demonstrates a need to 
evaluate or change mechanical recovery capacities, a review of cap 
increases and other requirements contained within this subpart may be 
performed. Any changes in the requirements of this section will occur 
through a public notice and comment process. During this review, the 
Coast Guard will determine if established caps remain practicable and if 
increased caps will provide any benefit to oil spill recovery 
operations. The review will include and evaluation of:
    (1) Best available technologies for containment and recovery;
    (2) Oil spill tracking technology;
    (3) High rate response techniques;
    (4) Other applicable response technologies; and
    (5) Increases in the availability of private response resources.

[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended by USCG-2008-0179, 73 
FR 35015, June 19, 2008; USCG-1998-3417, 73 FR 80649, Dec. 31, 2008; 
USCG-2001-8661, 74 FR 45028, Aug. 31, 2009]



Sec. 155.1052  Response plan development and evaluation criteria for vessels 

carrying group V petroleum oil as a primary cargo.

    (a) Owners and operators of vessels that carry group V petroleum oil 
as a primary cargo must provide information in their plan that 
identifies--
    (1) Procedures and strategies for responding to discharges up to a 
worst case discharge 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) Using the criteria in Table 1 of Appendix B of this part, an 
owner or operator of a vessel carrying group V petroleum oil as a 
primary cargo must ensure that any equipment identified in a response 
plan is capable of operating in the conditions expected in the 
geographic area(s) in which the vessel operates. When evaluating the 
operability of equipment, the vessel owner or operator must consider 
limitations that are identified in the Area Contingency 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 group V petroleum oil 
as a primary cargo must identify in the response plan and ensure, 
through contract or other approved means, the availability of required 
equipment, including--
    (1) Sonar, sampling equipment, or other methods for locating the oil 
on the bottom or suspended in the water column;
    (2) Containment boom, sorbent boom, silt curtains, or other methods 
for containing oil that may remain floating on the surface or to reduce 
spreading on the bottom;
    (3) Dredges, pumps, or other equipment necessary to recover oil from 
the bottom and shoreline; and
    (4) Other appropriate equipment necessary to respond to a discharge 
involving the type of oil carried.
    (d) Response resources identified in a response plan under paragraph 
(c) of this section must be capable of being

[[Page 400]]

deployed within 24 hours of discovery of a discharge to the port nearest 
the area where the vessel is operating. An oil spill removal 
organization may not be listed in the plan unless the oil spill removal 
organization has provided written consent to be listed in the plan as an 
available resource.
    (e) The owner or operator of a vessel carrying group V petroleum oil 
as a primary cargo shall identify in the response plan and ensure the 
availability of the following resources through contract or other 
approved means--
    (1) A salvage company with appropriate expertise and equipment; and
    (2) A company with vessel firefighting capability that will respond 
to casualties in the area(s) in which the vessel is operating.
    (f) Vessel owners or operators must identify intended sources of the 
resources required under paragraph (e) of this section capable of being 
deployed to the areas in which the vessel will operate. A company may 
not be listed in the plan unless the company has provided written 
consent to be listed in the plan as an available resource. To meet this 
requirement in a response plan submitted for approval or reapproval on 
or after February 18, 1998, the vessel owner or operator must identify 
both the intended sources of this capability and demonstrate that the 
resources are capable of being deployed to the port nearest to the area 
where the vessel operates within 24 hours of discovery of a discharge.
    (g) The owner or operator of a vessel carrying group V petroleum oil 
as a primary cargo shall identify in the response plan and ensure the 
availability of certain resources required by Sec. Sec. 
155.1035(c)(5)(ii) and 155.1040(c)(5)(i), as applicable, 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 offload 
the vessel's largest cargo tank in 24 hours of continuous operation.
    (2) Resources must be capable of reaching the locations in which the 
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 this 
subpart, the requirements of this paragraph (g)(3) may be met by listing 
resources capable of being deployed in an area within the response times 
in paragraph (g)(2) of this section. A vessel owner or operator may not 
identify such resources in a plan unless the response organization has 
provided written consent to be identified in a plan as an available 
resource.



Sec. 155.1055  Training.

    (a) A response plan submitted to meet the requirements of Sec. 
155.1035 must identify the training to be provided to persons having 
responsibilities under the plan, including members of the vessel crew, 
the qualified individual, and the spill management team. A response plan 
submitted to meet the requirements of Sec. 155.1040 must identify the 
training to be provided to the spill management team, the qualified 
individual, and other personnel in Sec. 155.1040 with specific 
responsibilities under the plan including tankermen and members of the 
towing vessel crew. The training program must differentiate between that 
training provided to vessel personnel and that training provided to 
shore-based personnel. Appendix C of this part provides additional 
guidance regarding training.
    (b) A vessel owner or operator shall ensure the maintenance of 
records sufficient to document this training and make them available for 
inspection upon request by the Coast Guard. Records must be maintained 
for 3 years following completion of training. The response plan must 
identify the location of training records, which must be--
    (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 work 
experience which fulfills specific training requirements.

[[Page 401]]

    (d) The vessel owner or operator shall ensure that any oil spill 
removal organization identified in a response plan to meet the 
requirements of this part maintains records sufficient to document 
training for the organization's personnel. These records must be 
available for inspection upon request by the Coast Guard. Records must 
be maintained for 3 years following completion of training.
    (e) Nothing in this section relieves the vessel owner or operator 
from the responsibility to ensure that all private shore-based response 
personnel are trained to meet the Occupational Safety and Health 
Administration (OSHA) standards for emergency response operations in 29 
CFR 1910.120.
    (f) A training plan may be prepared in accordance with Training 
Elements for Oil Spill Response to satisfy the requirements of this 
section.



Sec. 155.1060  Exercises.

    (a) A vessel owner or operator required by Sec. Sec. 155.1035 and 
155.1040 to have a response plan shall conduct exercise as necessary to 
ensure that the plan will function in an emergency. Both announced and 
unannounced exercises must be included. The following are the minimum 
exercise requirements for vessels covered by this subpart:
    (1) Qualified individual notification exercises, which must be 
conducted quarterly;
    (2) Emergency procedures exercises, which must be conducted 
quarterly;
    (3) Shore-based spill management team tabletop exercises, which must 
be conducted annually. In a triennial period, at least one of these 
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 be conducted 
every 3 years. The vessel owner or operator shall design the exercise 
program so that all components of the response plan are exercised at 
least once every 3 years. All of the components do not have to be 
exercised at one time; they may be exercised over the 3-year period 
through the required exercises or through an area exercise.
    (b) Annually, at least one of the exercises listed in Sec. 
155.1060(a) (2) and (4) must be unannounced. An unannounced exercise is 
one in which the personnel participating in the 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 unannounced 
exercises, as directed by the Coast Guard COTP. The objectives of the 
unannounced exercises will be to evaluate notifications and equipment 
deployment for responses to average most probable discharge spill 
scenarios outlined in vessel response plans. The unannounced exercises 
will be limited to four per area per year, an area being that geographic 
area for which a separate and distinct Area Contingency Plan has been 
prepared, as described in the Oil Pollution Act of 1990. After 
participating in an unannounced exercise directed by a COTP, the owner 
or operator will not be required to participate in another unannounced 
exercise for at least 3 years from the date of the exercise.
    (d) A vessel owner or operator shall participate in area exercises 
as directed by the applicable on-scene coordinator. The area exercises 
will involve equipment deployment to respond to the spill scenario 
developed by the exercise design team, of which the vessel owner or 
operator will be a member. After participating in an area exercise, a 
vessel owner or operator will not be required to participate in another 
area exercise for at least 6 years.
    (e) The vessel owner or operator shall ensure that adequate exercise 
records are maintained. The following records are required:
    (1) On board the vessel, records of the qualified individual 
notification exercises and the emergency procedures exercises. These 
exercises may be documented in the ship's log or may be kept in a 
separate exercise log.
    (2) At the United States' location of either the qualified 
individual, spill management team, the vessel owner or operator, or the 
oil spill removal organization, records of exercises conducted off the 
vessel. Response plans must indicate the location of these records.

[[Page 402]]

    (f) Records described in paragraph (e) of this section must be 
maintained and available to the Coast Guard for 3 years following 
completion of the exercises.
    (g) The response plan submitted to meet the requirements of this 
subpart must specify the planned exercise program. The plan shall detail 
the exercise program, including the types of exercises, frequencies, 
scopes, objectives, and the scheme for exercising the entire response 
plan every 3 years.
    (h) Compliance with the National Preparedness for Response Exercise 
Program (PREP) Guidelines will satisfy the vessel response plan exercise 
requirements. These guidelines are available from the TASC DEPT 
Warehouse, 33141Q 75th Avenue, Landover, MD 20875 (fax: 301-386-5394, 
stock number USCG-X0241). Compliance with an alternative program that 
meets the requirements of paragraph (a) of this section and has been 
approved under Sec. 155.1065 will also satisfy the vessel response plan 
exercise requirements.

    Note to paragraph (h): The PREP guidelines are available online at 
``http://www.uscg.mil/hq/g-m/nmc/response/msprep.pdf''.

[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended by 68 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 a response 
plan under this part must ensure that--
    (1) Containment booms, skimmers, vessels, and other major equipment 
listed or referenced in the plan are periodically inspected and 
maintained in good operating condition, in accordance with 
manufacturer's recommendations and best commercial practices; and
    (2) All inspections and maintenance are documented and that these 
records are maintained for 3 years.
    (b) For equipment which must be inspected and maintained under this 
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 reflect 
the 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 plan and 
ensured available through the written consent of an oil spill removal 
organization, as described in the definition of ``contract or other 
approved means'' at Sec. 155.1020.



Sec. 155.1065  Procedures for plan submission, approval, requests for 

acceptance of alternative planning criteria, and appeal.

    (a) An owner or operator of a vessel to which this subpart applies 
shall submit one complete English language copy of a vessel response 
plan to Commandant (CG-5431), Coast Guard, 2100 2nd St., SW., Stop 7581, 
Washington, DC 20593-7581 or [email protected]. The plan must be submitted at 
least 60 days before the vessel intends to handle, store, transport, 
transfer, or lighter oil in areas subject to the jurisdiction of the 
United States.
    (b) The owner or operator shall include a statement certifying that 
the plan meets the applicable requirements of subparts D, E, F, and G of 
this part and shall include a statement indicating whether the vessel(s) 
covered by the plan are manned vessels carrying oil as a primary cargo, 
unmanned vessels carrying oil as a primary cargo, or vessels carrying 
oil as a secondary cargo.
    (c) If the Coast Guard determines that the plan meets all 
requirements of this subpart, the Coast Guard will notify the vessel 
owner or operator with an approval letter. The plan will be valid for a 
period of up to 5 years from the date of approval.
    (d) If the Coast Guard reviews the plan and determines that it does 
not meet all of the requirements, the Coast Guard will notify the vessel 
owner or operator of the response plan's deficiencies. The vessel owner 
or operator must then resubmit the revised plan, or corrected portions 
of the plan, within the time period specified in the written notice 
provided by the Coast Guard.

[[Page 403]]

    (e) For those vessels temporarily authorized under Sec. 155.1025 to 
operate without an approved plan pending formal Coast Guard approval, 
the deficiency provisions of Sec. 155.1070(c), (d), and (e) will also 
apply.
    (f) When the owner or operator of a vessel believes that national 
planning criteria contained elsewhere in this part are inappropriate to 
the vessel for the areas in which it is intended to operate, the owner 
or operator may request acceptance of alternative planning criteria by 
the Coast Guard. Submission of a request must be made 90 days before the 
vessel intends to operate under the proposed alternative and must be 
forwarded to the COTP for the geographic area(s) affected.
    (g) An owner or operator of a United States flag vessel may meet the 
response plan requirements of Regulation 37 of MARPOL 73/78 and subparts 
D, E, F, and G of this part by stating in writing, according to the 
provisions of Sec. 155.1030(j), that the plan submitted is intended to 
address the requirements of both Regulation 37 of MARPOL 73/78 and the 
requirements of subparts D, E, F, and G of this part.
    (h) Within 21 days of notification that a plan is not approved, the 
vessel owner or operator may appeal that determination to the Prevention 
Policy Directorate for Marine Safety, Security, and Stewardship (CG-54). 
This appeal must be submitted in writing to Commandant (CG-54), Coast 
Guard, 2100 2nd St., SW., Stop 7581, Washington, DC 20593-7581.

[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended by CGD 96-026, 61 FR 
33666, 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; USCG-2010-0351, 75 FR 36285, June 25, 2010]



Sec. 155.1070  Procedures for plan review, revision, amendment, and appeal.

    (a) A vessel response plan must be reviewed annually by the owner or 
operator.
    (1) This review must occur within 1 month of the anniversary date of 
Coast Guard approval of the plan.
    (2) The owner or operator shall submit any plan amendments to the 
Coast Guard for information or approval. Revisions to a plan must 
include a cover page that provides a summary of the changes being made 
and the pages being affected. Revised pages must further include the 
number of the revision and date of that revision.
    (3) Any required changes must be entered in the plan and noted on 
the record of changes page. The completion of the annual review must 
also 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 Guard for 
approval--
    (1) Six months before the end of the Coast Guard approval period 
identified in Sec. 155.1065(c); and
    (2) Whenever there is a change in the owner or operator of the 
vessel, if that owner or operator provided the certifying statement 
required by Sec. 155.1065(b). If this change occurs, a new statement 
certifying that the plan continues to meet the applicable requirements 
of subparts D, E, F, and G of this part must be submitted.
    (c) Revisions or amendments to an approved response plan must be 
submitted for approval by the vessel's owner or operator whenever there 
is--
    (1) A change in the owner or operator of the vessel, if that owner 
or operator is not the one who provided the certifying statement 
required by Sec. 155.1065(b);
    (2) A change in the vessel's operating area that includes ports or 
geographic area(s) not covered by the previously approved plan. A vessel 
may operate in an area not covered in a previously approved plan upon 
receipt of written acknowledgment by the Coast Guard that a new 
geographic-specific appendix has been submitted for approval by the 
vessel's owner or operator and the certification required in Sec. 
155.1025(c) has been provided;
    (3) A significant change in the vessel's configuration that affects 
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 by 
the COTP for purposes of assisting in an oil spill response activity;
    (5) A change in the identification of the oil spill removal 
organization(s) or

[[Page 404]]

other response related resource required by Sec. Sec. 155.1050, 
155.1052, 155.1230, or 155.2230, as appropriate, except an oil spill 
removal organization required by Sec. 155.1050(d) which may be changed 
on a case by case basis for an oil spill removal organization previously 
classified by the Coast Guard which has been ensured available by 
contract or other approved means;
    (6) A significant change in the vessel's emergency response 
procedures;
    (7) A change in the qualified individual;
    (8) The addition of a vessel to the plan. This change must include 
the vessel-specific appendix required by this subpart and the owner or 
operator's certification required in Sec. 155.1025(c); or
    (9) Any other significant changes that affect the implementation of 
the plan.
    (d) Thirty days in advance of operation, the owner or operator shall 
submit any revision or amendments identified in paragraph (c) of this 
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 to revise 
a response plan at any time if it is determined that the response plan 
does not meet the requirements of this subpart. The Coast Guard will 
notify the vessel owner or operator in writing of any deficiencies and 
any operating restrictions. Deficiencies must be corrected and submitted 
for acceptance within the time period specified in the written notice 
provided by the Coast Guard or the plan will be declared invalid and any 
further storage, transfer, handling, transporting or lightering of oil 
in areas subject to the jurisdiction of the United States will be in 
violation of section 311(j)(5)(E) of the Federal Water Pollution Control 
Act (FWPCA) (33 U.S.C. 1321(j)(5)(E)).
    (f) A vessel owner or operator who disagrees with a deficiency 
determination may submit a petition for reconsideration to Prevention 
Policy Directorate for Marine Safety, Security, and Stewardship (CG-54), 
Coast Guard Headquarters, 2100 2nd St., SW., Stop 7581, Washington, DC 
20593-7581 or [email protected] within the time period required for 
compliance or within 7 days from the date of receipt 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 final decision.
    (1) Unless the vessel owner or operator petitions for 
reconsideration of the Coast Guard's decision, the vessel's owner or 
operator must correct the response plan deficiencies within the period 
specified in the Coast Guard's initial determination.
    (2) If the vessel owner or operator petitions the Coast Guard for 
reconsideration, the effective date of the Coast Guard notice of 
deficiency determination may be delayed pending a decision by the Coast 
Guard. Petitions to the Coast Guard must be submitted in writing, via 
the Coast Guard official who issued the requirement to amend 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 the response plan do 
not require prior Coast Guard approval.
    (h) The Coast Guard and all other holders of the response plan shall 
be advised of any revisions to personnel and telephone numbers and 
provided a copy of these revisions as they occur.
    (i) If required by Sec. Sec. 155.1035(i), 155.1040(j), and 155.1050 
(k) and (l), a new or existing vessel owner or operator must submit the 
required dispersant and aerial oil tracking resource revisions to a 
previously submitted or approved plan, made pursuant to Sec. Sec. 
155.1035(i), 155.1040(j), and 155.1050(k) and (l), to Coast Guard 
Headquarters, Office of Vessel Activities (CG-543) and all other holders 
of the response plan for information or approval no later than February 
22, 2011.

[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended by CGD 96-026, 61 FR 
33666, 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; USCG-2001-8661, 74 FR 45029, Aug. 31, 2009; USCG-2010-0351, 75 FR 
36285, June 25, 2010]

[[Page 405]]



  Subpart E_Additional Response Plan Requirements for Tankers Loading 

     Cargo at a Facility Permitted Under the Trans-Alaska Pipeline 

                            Authorization 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 planning 
requirements for an owner or operator of a tanker loading cargo at a 
facility permitted under the Trans-Alaska Pipeline Authorization Act 
(TAPAA) (43 U.S.C. 1651 et seq.) in Prince William Sound, Alaska, in 
addition to the requirements of subpart D of this part. The requirements 
of this subpart are intended for use in developing response plans and 
identifying response resources during the planning process, they are not 
performance standards.
    (b) The information required in this subpart must be included in a 
Prince William Sound geographic-specific appendix to the vessel response 
plan required by subpart D of this part.



Sec. 155.1115  Definitions.

    Except as provided in this section, the definitions in Sec. 
155.1020 apply to this subpart.
    Prince William Sound means all State and Federal waters within 
Prince William Sound, Alaska, including the approach to Hinchinbrook 
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 applies may 
not load cargo at a facility permitted under the Trans-Alaska Pipeline 
Authorization Act unless the requirements of this subpart and Sec. 
155.1025 have been met. The owner or operator of such a tanker shall 
certify to the Coast Guard that they have provided, through an oil spill 
removal organization required by Sec. 155.1125, the necessary response 
resources to remove, to the maximum extent practicable, a worst case 
discharge or a discharge of 200,000 barrels of oil, whichever is 
greater, in Prince William Sound, AK.



Sec. 155.1125  Additional response plan requirements.

    (a) The owner or operator of a tanker subject to this subpart shall 
include the requirements of this section in the Prince William Sound 
geographic-specific appendix required by subpart D of this part.
    (1) The response plan must include identification of an oil spill 
removal organization that shall--
    (i) Perform response activities;
    (ii) Provide oil spill removal and containment training, including 
training in the operation of prepositioned equipment, for personnel, 
including local residents and fishermen, from the following locations in 
Prince William Sound--
    (A) Valdez;
    (B) Tatitlek;
    (C) Cordova;
    (D) Whittier;
    (E) Chenega; and
    (F) Fish hatcheries located at Port San Juan, Main Bay, Esther 
Island, Cannery Creek, and Solomon Gulch.
    (iii) Consist of sufficient numbers of trained personnel with the 
necessary technical skills to remove, to the maximum extent practicable, 
a worst case discharge or a discharge of 200,000 barrels of oil, 
whichever is greater;
    (iv) Provide a plan for training sufficient numbers of additional 
personnel to remove, to the maximum extent practicable, a worst case 
discharge or a discharge of 200,000 barrels of oil, whichever is 
greater; and
    (v) Address the responsibilities required in Sec. 155.1035(d)(4).
    (2) The response plan must include exercise procedures that must--
    (i) Provide two exercises of the oil spill removal organization each 
year to ensure prepositioned equipment and trained personnel required 
under this subpart perform effectively;
    (ii) Provide for both announced and unannounced exercises; and
    (iii) Provide for exercises that test either the entire appendix or 
individual components.
    (3) The response plan must identify a testing, inspection, and 
certification program for the prepositioned response

[[Page 406]]

equipment required in Sec. 155.1130 that must provide for--
    (i) Annual testing and equipment inspection in accordance with the 
manufacturer's recommended procedures, to include--
    (A) Start-up and running under load of all electrical motors, pumps, 
power packs, air compressors, internal combustion engines, and oil 
recovery devices; and
    (B) Removal of no less than one-third of required boom from storage 
annually, such that all boom will have been removed and examined within 
a period of 3 years;
    (ii) Records of equipment tests and inspection; and
    (iii) Use of an independent entity to certify that the equipment is 
on-site and in good operating condition and that required tests and 
inspections have been performed. The independent entity must have 
appropriate training and expertise to provide this certification.
    (4) The response plan must identify and give the location of the 
prepositioned response equipment required in Sec. 155.1130 including 
the make, model, and effective daily recovery rate of each oil 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 the 
training and exercises required by the geographic-specific appendix for 
Prince William Sound for the following calendar year.
    (c) All records required by this section must be available for 
inspection by the Coast Guard and must be maintained for a period of 3 
years.



Sec. 155.1130  Requirements for prepositioned response equipment.

    The owner or operator of a tanker subject to this subpart shall 
provide the following prepositioned response equipment, located within 
Prince William Sound, in addition to that required by Sec. 155.1035:
    (a) On-water recovery equipment with a minimum effective daily 
recovery capacity of 30,000 barrels, capable of being on scene within 6 
hours of notification of a discharge.
    (b) On-water storage capacity of 100,000 barrels, capable of being 
on scene within 6 hours of notification of a discharge.
    (c) Additional on-water recovery equipment with a minimum effective 
daily recovery capacity of 40,000 barrels capable of being on scene 
within 18 hours of notification of a discharge.
    (d) On-water storage capacity of 300,000 barrels for recovered oily 
material, capable of being on scene within 24 hours of notification of a 
discharge.
    (e) On-water oil recovery devices and storage equipment located in 
communities and at strategic locations.
    (f) For sufficient protection of the environment in the locations 
identified 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 and 
plastic 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 the 
positioning of defensive boom; and
    (12) Other appropriate removal equipment for the protection of the 
environment as identified by the COTP.
    (g) For each oil-laden tanker, an escorting response vessel which is 
fitted with skimming and on board storage capabilities practicable for 
the initial oil recovery planned for a cleanup operation, as identified 
by the oil spill removal organization.
    (h) Lightering resources required in subpart I of this part capable 
of arriving on scene within 6 hours of notification of a discharge.

[CGD 91-034, 61 FR 1097, Jan. 12, 1996, as amended by USCG-2009-0416, 74 
FR 27441, June 10, 2009]



Sec. 155.1135  Response plan development and evaluation criteria.

    For tankers subject to this subpart, the following response times 
must be used in determining the on-scene arrival time in Prince William 
Sound, for

[[Page 407]]

the response resources required by Sec. 155.1050:

------------------------------------------------------------------------
                                   Tier 1        Tier 2        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 and 
approved in accordance with Sec. 155.1065.



Sec. 155.1150  Plan revision and amendment procedures.

    An appendix prepared and submitted under this subpart must be 
revised and amended, as necessary, in accordance with Sec. 155.1070.



 Subpart F_Response plan requirements for vessels carrying animal 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 requirements 
for an owner or operator of a vessel carrying animal fats and vegetable 
oils as a primary cargo. The requirements of this subpart are intended 
for use in developing response plans and identifying response resources 
during the planning process. They are not performance standards.



Sec. 155.1225  Response plan submission requirements.

    An owner or operator of a vessel carrying animal fats and vegetable 
oils as a primary cargo shall submit a response plan in accordance with 
the requirements of this subpart, and with all sections of subpart D of 
this part, except Sec. 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 or 
vegetable oils as a primary cargo must provide information in their plan 
that identifies--
    (1) Procedures and strategies for responding to a worst case 
discharge of animal fats or vegetable oils to the maximum extent 
practicable; 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 or 
vegetable oils as a primary cargo must ensure that any equipment 
identified in a response plan is capable of operating in the conditions 
expected in the geographic area(s) in which the vessel operates using 
the criteria in Table 1 of Appendix B of this part. When evaluating the 
operability of equipment, the vessel owner or operator must consider 
limitations that are identified in the Area Contingency 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 or 
vegetable oils as a primary cargo must identify in the response plan and 
ensure, through contract or other approved means, the availability of 
required equipment including--
    (1) Containment boom, sorbent boom, or other methods for containing 
oil floating on the surface or to protect shorelines from impact;
    (2) Oil recovery devices appropriate for the type of animal fats or 
vegetable oils carried; and
    (3) Other appropriate equipment necessary to respond to a discharge 
involving the type of animal fats or vegetable oils carried.
    (d) Response resources identified in a response plan under paragraph 
(c) of this section must be capable of arriving on-scene within the 
applicable Tier 1 response times specified in this paragraph. An oil 
spill removal organization may not be listed in the plan unless the 
organization has provided written consent to be listed in the plan as an 
available resource. Response times from the time of discovery of a 
discharge are as follows:

[[Page 408]]



------------------------------------------------------------------------
                                   Tier 1        Tier 2        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
 offshore areaas.
Open ocean (plus travel time    24 hrs+.....  N/A.........  N/A
 from shore).
------------------------------------------------------------------------

    (e) The owner or operator of a vessel carrying animal fats or 
vegetable oils as a primary cargo must identify in the response plan and 
ensure the availability of the following resources through contract or 
other approved means:
    (1) A salvage company with appropriate expertise and equipment.
    (2) A company with vessel firefighting capability that will respond 
to casualties in the area(s) in which the vessel is operating.
    (f) Vessel owners or operators must identify intended sources of the 
resources required under paragraph (e) of this section capable of being 
deployed to the areas in which the vessel will operate. A company may 
not be listed in the plan unless the company has provided written 
consent to be listed in the plan as an available resource. To meet this 
requirement in a response plan submitted for approval or reapproval on 
or after February 18, 1998, the vessel owner or operator must identify 
both the intended sources of this capability and demonstrate that the 
resources are capable of being deployed to the port nearest to the area 
where the vessel operates within 24 hours of discovery of a discharge.
    (g) The owner or operator of a vessel carrying animal fats or 
vegetable oils as a primary cargo must identify in the response plan, 
and ensure the availability of, through contract or other approved 
means, 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 offload 
the vessel's largest cargo tank in 24 hours of continuous operation.
    (2) Resources must be capable of reaching the locations in which the 
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 this 
subpart, the requirements of this paragraph (g)(3) may be met by listing 
resources capable of being deployed in an area within the response times 
in paragraph (g)(2) of this section. A vessel owner or operator may not 
identify such resources in a plan unless the response organization has 
provided written consent to be identified in a plan as an available 
resource.
    (h) The response plan for a vessel that is located in any 
environment with year-round preapproval for use of dispersants suitable 
for animal fats and vegetable oils and that handles, stores, or 
transports animal fats or vegetable oils may request a credit for up to 
25 percent of the worst case planning volume set forth by subpart D of 
this part. To receive this credit, the vessel owner or operator must 
identify in the plan and ensure, by contract or other approved means, 
the availability of specified resources to apply the dispersants and to 
monitor their effectiveness. To extent of the credit will be based on 
the volumes of the dispersant available to sustain operations at the 
manufacturers' recommended dosage rates. Other spill mitigation 
techniques, including mechanical dispersal, may be identified in the 
response plan, provided they are in accordance with the NCP and the 
applicable ACP. Resources identified for plan credit should be capable 
of being on scene within 12 hours of a discovery of a discharge. 
Identification of these resources does not imply that they will be 
authorized for use. Actual authorization for use during the spill 
response will be governed by the provisions of the NCP and the 
applicable ACP.

[[Page 409]]



  Subpart G_Response Plan Requirements for Vessels Carrying Other 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 requirements 
for an owner or operator of a vessel carrying other non-petroleum oils 
as a primary cargo. The requirements of this subpart are intended for 
use in developing response plans and identifying response resources 
during the planning process. They are not performance standards.



Sec. 155.2225  Response plan submission requirements.

    An owner or operator of a vessel carrying other non-petroleum oils 
as a primary cargo shall submit a response plan in accordance with the 
requirements of this subpart, and with all sections of subpart D of this 
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-petroleum 
oil as a primary cargo must provide information in their plan that 
identifies--
    (1) Procedures and strategies for responding to a worst case 
discharge of other non-petroleum oils to the maximum extent practicable; 
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-petroleum 
oil as a primary cargo must ensure that any equipment identified in a 
response plan is capable of operating in the conditions expected in the 
geographic area(s) in which the vessel operates using the criteria in 
Table 1 of Appendix B of this part. When evaluating the operability of 
equipment, the vessel owner or operator must consider limitations that 
are identified in the Area Contingency 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 other non-petroleum 
oil as a primary cargo must identify in the response plan and ensure, 
through contract or other approved means, the availability of required 
equipment including--
    (1) Containment boom, sorbent boom, or other methods for containing 
oil floating on the surface or to protect shorelines from impact;
    (2) Oil recovery devices appropriate for the type of other non-
petroleum oil carried; and
    (3) Other appropriate equipment necessary to respond to a discharge 
involving the type of other non-petroleum oil carried.
    (d) Response resources identified in a response plan under paragraph 
(c) of this section must be capable of arriving on-scene within the 
applicable Tier 1 response times specified in this paragraph. An oil 
spill removal organization may not be listed in the plan unless the 
organization has provided written consent to be listed in the plan as an 
available resource. Response times from the time of discovery of a 
discharge are as follow:

------------------------------------------------------------------------
                                   Tier 1        Tier 2        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
 offshore areas.
Open ocean (plus travel time    24 hrs+.....  N/A.........  N/A
 from shore).
------------------------------------------------------------------------

    (e) The owner or operator of a vessel carrying other non-petroleum 
oil as a primary cargo must identify in the response plan and ensure the 
availability of the following resources through contract or other 
approved means:
    (1) A salvage company with appropriate expertise and equipment.
    (2) A company with vessel firefighting capability that will respond 
to casualties in the area(s) in which the vessel is operating.
    (f) Vessel owners or operators must identify intended sources of the 
resources required under paragraph (e) of

[[Page 410]]

this section capable of being deployed to the areas in which the vessel 
will operate. A company may not be listed in the plan unless the company 
has provided written consent to be listed in the plan as an available 
resource. To meet this requirement in a response plan submitted for 
approval or reapproval on or after February 18, 1998, the vessel owner 
or operator must identify both the intended sources of this capability 
and demonstrate that the resources are capable of being deployed to the 
port nearest to the area where the vessel operates within 24 hours of 
discovery of a discharge.
    (g) The owner or operator of a vessel carrying other non-petroleum 
oil as a primary cargo must identify in the response plan, and ensure 
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 offload 
the vessel's largest cargo tank in 24 hours of continuous operation.
    (2) Resources must be capable of reaching the locations in which the 
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 this 
subpart, the requirements of this paragraph (g)(3) may be met by listing 
resources capable of being deployed in an area within the response times 
in paragraph (g)(2) of this section. A vessel owner or operator may not 
identify such resources in a plan unless the response organization has 
provided written consent to be identified in a plan as an available 
resource.
    (h) The response plan for a vessel that is located in any 
environment with year-round preapproval for use of dispersants and that 
handles, stores, or transports other non-petroleum oils may request a 
credit for up to 25 percent of the worst case planning volume set forth 
by subpart D of this part. To receive this credit, the vessel owner or 
operator must identify in the plan and ensure, by contract or other 
approved means, the availability of specified resources to apply the 
dispersants and to monitor their effectiveness. The extent of the credit 
will be based on the volumes of the dispersant available to sustain 
operations at the manufacturers' recommended dosage rates. 
Identification of these resources does not imply that they will be 
authorized for use. Actual authorization for use during a spill response 
will be governed by the provisions of the NCP and the applicable ACP.

Subpart H [Reserved]



                Subpart I_Salvage and Marine Firefighting

    Source: USCG-1998-3417, 73 FR 80649, Dec. 31, 2008, unless otherwise 
noted.



Sec. 155.4010  Purpose of this subpart.

    (a) The purpose of this subpart is to establish vessel response plan 
salvage and marine firefighting requirements for vessels, that are 
carrying group I-IV oils, and that are required by Sec. 155.1015 to 
have a vessel response plan. Salvage and marine firefighting actions can 
save lives, property, and prevent the escalation of potential oil spills 
to worst case discharge scenarios.
    (b) A planholder must ensure by contract or other approved means 
that response resources are available to respond. However, the response 
criteria specified in the regulations (e.g., quantities of response 
resources and their arrival times) are planning criteria, not 
performance standards, and are based on assumptions that may not exist 
during an actual incident, as stated in 33 CFR 155.1010. Compliance with 
the regulations is based upon whether a covered response plan ensures 
that adequate response resources are available, not on whether the 
actual performance of those response resources after an incident meets 
specified arrival times or other planning criteria.

[[Page 411]]

Failure to meet specified criteria during an actual spill response does 
not necessarily mean that the planning requirements of the Federal Water 
Pollution Control Act (FWPCA) (33 U.S.C. 1251-1376) and regulations were 
not met. The Coast Guard will exercise its enforcement discretion in 
light of all facts and circumstances.



Sec. 155.4015  Vessel owners and operators who must follow this subpart.

    You must follow this subpart if your vessel carries group I-IV oils, 
and is required by Sec. 155.1015 to have a vessel response plan.



Sec. 155.4020  Complying with this subpart.

    (a) If you have an existing approved vessel response plan, you must 
have your vessel response plan updated and submitted to the Coast Guard 
by February 22, 2011.
    (b) All new or existing vessels operating on the navigable waters of 
the United States or transferring oil in a port or place subject to the 
jurisdiction of the United States, that meet the applicability 
requirements of Sec. 155.1015, that do not have an approved vessel 
response plan, must comply with Sec. 155.1065.
    (c) Your vessel may not conduct oil transport or transfer operations 
if--
    (1) You have not submitted a plan to the Coast Guard in accordance 
with Sec. 155.1065 prior to February 22, 2011;
    (2) The Coast Guard determines that the response resources 
referenced in your plan do not meet the requirements of this subpart;
    (3) The contracts or agreements cited in your plan have lapsed or 
are otherwise no longer valid;
    (4) You are not operating in accordance with your plan; or
    (5) The plan's approval has expired.

[USCG-1998-3417, 73 FR 80649, Dec. 31, 2008, as amended by USCG-2001-
8661, 74 FR 45029, Aug. 31, 2009]



Sec. 155.4025  Definitions.

    For the purposes of this subpart, the following definitions apply:
    Assessment of structural stability means completion of a vessel's 
stability and structural integrity assessment through the use of a 
salvage software program. The data used for the calculations would 
include information collected by the on-scene salvage professional. The 
assessment is intended to allow sound decisions to be made for 
subsequent salvage efforts. In addition, the assessment must be 
consistent with the conditions set forth in 33 CFR 155.240 and 155.245, 
as applicable.
    Boundary lines are lines drawn following the general trend of the 
seaward, highwater shorelines and lines continuing the general trend of 
the seaward, highwater shorelines across entrances to small bays, inlets 
and rivers as defined in 46 CFR 7.5(c).
    Captain of the Port (COTP) city means the city which is the 
geographical location of the COTP office. COTP city locations are listed 
in 33 CFR part 3.
    Continental United States (CONUS) means the contiguous 48 States and 
the District of Columbia.
    Contract or other approved means is any one of the following:
    (1)(i) A written contractual agreement between a vessel owner or 
operator and resource provider. This agreement must expressly provide 
that the resource provider is capable of, and intends to commit to, 
meeting the plan requirements.
    (ii) A written certification that the personnel, equipment, and 
capabilities required by this subpart are available and under the vessel 
owner or operator's direct control. If the planholder has personnel, 
equipment and capabilities under their direct control, they need not 
contract those items with a resource provider.
    (iii) An alternative approved by the Coast Guard (Commandant, 
Director of Prevention Policy (CG-54)) and submitted in accordance with 
33 CFR 155.1065(f).
    (2) As part of the contract or other approved means you must develop 
and sign, with your resource provider, a written funding agreement. This 
funding agreement is to ensure that salvage and marine firefighting 
responses are not delayed due to funding negotiations. The funding 
agreement must include a statement of how long the agreement remains in 
effect, and must be provided to the Coast Guard for VRP approval. In 
addition any written

[[Page 412]]

agreement with a public resource provider must be included in the 
planholder's Vessel Response Plan (VRP).
    Diving services support means divers and their equipment to support 
salvage operations. This support may include, but not be limited to, 
underwater repairs, welding, placing lifting slings, or performing 
damage assessments.
    Emergency lightering is the process of transferring oil between two 
ships or other floating or land-based receptacles in an emergency 
situation and may require pumping equipment, transfer hoses, fenders, 
portable barges, shore based portable tanks, or other equipment that 
circumstances may dictate.
    Emergency towing, also referred to as rescue towing, means the use 
of towing vessels that can pull, push or make-up alongside a vessel. 
This is to ensure that a vessel can be stabilized, controlled or removed 
from a grounded position. Towing vessels must have the proper horsepower 
or bollard pull compatible with the size and tonnage of the vessel to be 
assisted.
    External emergency transfer operations means the use of external 
pumping equipment placed on board a vessel to move oil from one tank to 
another, when the vessel's own transfer equipment is not working.
    External firefighting teams means trained firefighting personnel, 
aside from the crew, with the capability of boarding and combating a 
fire on a vessel.
    External vessel firefighting systems mean firefighting resources 
(personnel and equipment) that are capable of combating a fire from 
other than on board the vessel. These resources include, but are not 
limited to, fire tugs, portable fire pumps, airplanes, helicopters, or 
shore side fire trucks.
    Funding agreement is a written agreement between a resource provider 
and a planholder that identifies agreed upon rates for specific 
equipment and services to be made available by the resource provider 
under the agreement. The funding agreement is to ensure that salvage and 
marine firefighting responses are not delayed due to funding 
negotiations. This agreement must be part of the contract or other 
approved means and must be submitted for review along with the VRP.
    Great Lakes means Lakes Superior, Michigan, Huron, Erie, and 
Ontario, their connecting and tributary waters, the Saint Lawrence River 
as far as Saint Regis, and adjacent port areas.
    Heavy lift means the use of a salvage crane, A-frames, hydraulic 
jacks, winches, or other equipment for lifting, righting, or stabilizing 
a vessel.
    Inland area means the area shoreward of the boundary lines defined 
in 46 CFR part 7, except that in the Gulf of Mexico, it means the area 
shoreward of the lines of demarcation (COLREG lines) as defined in 
Sec. Sec. 80.740 through 80.850 of this chapter. The inland area does 
not include the Great Lakes.
    Making temporary repairs means action to temporarily repair a vessel 
to enable it to safely move to a shipyard or other location for 
permanent repairs. These services include, but are not limited to, 
shoring, patching, drill stopping, or structural reinforcement.
    Marine firefighting means any firefighting related act undertaken to 
assist a vessel with a potential or actual fire, to prevent loss of 
life, damage or destruction of the vessel, or damage to the marine 
environment.
    Marine firefighting pre-fire plan means a plan that outlines the 
responsibilities and actions during a marine fire incident. The 
principle purpose is to explain the resource provider's role, and the 
support which can be provided, during marine firefighting incidents. 
Policies, responsibilities and procedures for coordination of on-scene 
forces are provided in the plan. It should be designed for use in 
conjunction with other state, regional and local contingency and 
resource mobilization plans.
    Nearshore area means the area extending seaward 12 miles from the 
boundary lines defined in 46 CFR part 7, except in the Gulf of Mexico. 
In the Gulf of Mexico, a nearshore area is one extending seaward 12 
miles from the line of demarcation (COLREG lines) as defined in 
Sec. Sec. 80.740 through 80.850 of this chapter.
    Offshore area means the area up to 38 nautical miles seaward of the 
outer boundary of the nearshore area.
    On-site fire assessment means that a marine firefighting 
professional is on

[[Page 413]]

scene, at a safe distance from the vessel or on the vessel, who can 
determine the steps needed to control and extinguish a marine fire in 
accordance with a vessel's stability and structural integrity assessment 
if necessary.
    On-site salvage assessment means that a salvage professional is on 
scene, at a safe distance from the vessel or on the vessel, who has the 
ability to assess the vessel's stability and structural integrity. The 
data collected during this assessment will be used in the salvage 
software calculations and to determine necessary steps to salve the 
vessel.
    Other refloating methods means those techniques for refloating a 
vessel aside from using pumps. These services include, but are not 
limited to, the use of pontoons, air bags or compressed air.
    Outside continental United States (OCONUS) means Alaska, Hawaii, the 
Commonwealth of Puerto Rico, Guam, American Samoa, the United States 
Virgin Islands, the Commonwealth of the Northern Marianas, and any other 
territory or possession of the United States.
    Primary resource provider means a resource provider listed in the 
vessel response plan as the principal entity contracted for providing 
specific salvage and/or marine firefighting services and resources, when 
multiple resource providers are listed for that service, for each of the 
COTP zones in which a vessel operates. The primary resource provider 
will be the point of contact for the planholder, the Federal On Scene 
Coordinator (FOSC) and the Unified Command, in matters related to 
specific resources and services, as required in Sec. 155.4030(a).
    Remote assessment and consultation means contacting the salvage and/
or marine firefighting resource providers, by phone or other means of 
communications to discuss and assess the situation. The person contacted 
must be competent to consult on a determination of the appropriate 
course of action and initiation of a response plan.
    Resource provider means an entity that provides personnel, 
equipment, supplies, and other capabilities necessary to perform salvage 
and/or marine firefighting services identified in the response plan, and 
has been arranged by contract or other approved means. The resource 
provider must be selected in accordance with Sec. 155.4050. For marine 
firefighting services, resource providers can include public 
firefighting resources as long as they are able, in accordance with the 
requirements of Sec. 155.4045(d), and willing to provide the services 
needed.
    Salvage means any act undertaken to assist a vessel in potential or 
actual danger, to prevent loss of life, damage or destruction of the 
vessel and release of its contents into the marine environment.
    Salvage plan means a plan developed to guide salvage operations 
except those identified as specialized salvage operations.
    Special salvage operations plan means a salvage plan developed to 
carry out a specialized salvage operation, including heavy lift and/or 
subsurface product removal.
    Subsurface product removal means the safe removal of oil from a 
vessel that has sunk or is partially submerged underwater. These actions 
can include pumping or other means to transfer the oil to a storage 
device.
    Underwater vessel and bottom survey means having salvage resources 
on scene that can perform examination and analysis of the vessel's hull 
and equipment below the water surface. These resources also include the 
ability to determine the bottom configuration and type for the body of 
water. This service can be accomplished through the use of equipment 
such as sonar, magnetometers, remotely operated vehicles or divers. When 
divers are used to perform these services, the time requirements for 
this service apply and not those of diving services support.



Sec. 155.4030  Required salvage and marine firefighting services to list in 

response plans.

    (a) You must identify, in the geographical-specific appendices of 
your VRP, the salvage and marine firefighting services listed in Table 
155.4030(b)--Salvage and Marine Firefighting Services and Response 
Timeframes. Additionally, you must list those resource providers that 
you have contracted to provide these services. You may list multiple 
resource providers for each service, but you must identify which one is

[[Page 414]]

your primary resource provider for each Captain of the Port (COTP) zone 
in which you operate. A method of contact, consistent with the 
requirements in Sec. Sec. 155.1035(e)(6)(ii) and 155.1040(e)(5)(ii), 
must also be listed, in the geographical-specific appendices of your 
VRP, adjacent to the name of the resource provider.
    (b) Table 155.4030(b) lists the required salvage and marine 
firefighting services and response timeframes.

[[Page 415]]



               Table 155.4030(b)--Salvage and Marine Firefighting Services and Response Timeframes
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
                              Service           Location of incident response activity
                                                               timeframe
----------------------------------------------------------------------------------------------------------------
(1) Salvage.......................................................                      CONUS: nearshore       CONUS: offshore area;
                                                                    area; inland waters;                  and OCONUS: < or = 50
                                                                        Great Lakes; and            miles from COTP city
                                                                                       OCONUS: < or = 12(hours)
                                                                             miles from COTP city
                                                                                 (hours)
(i) Assessment & Survey:
    (A) Remote assessment and consultation........................                     1                      1
    (B) Begin assessment of structural stability..................                     3                      3
    (C) On-site salvage assessment................................                     6                     12
    (D) Assessment of structural stability........................                    12                     18
    (E) Hull and bottom survey....................................                    12                     18
(ii) Stabilization:
    (A) Emergency towing..........................................                    12                     18
    (B) Salvage plan..............................................                    16                     22
    (C) External emergency transfer operations....................                    18                     24
    (D) Emergency lightering......................................                    18                     24
    (E) Other refloating methods..................................                    18                     24
    (F) Making temporary repairs..................................                    18                     24
    (G) Diving services support...................................                    18                     24
(iii) Specialized Salvage Operations:
    (A) Special salvage operations plan...........................                    18                     24
    (B) Subsurface product removal................................                    72                     84
    (C) Heavy lift \1\............................................             Estimated              Estimated
----------------------------------------------------------------------------------------------------------------
(2) Marine firefighting....................       At pier (hours)                       CONUS: Nearshore       CONUS: Offshore area;
                                                                    area; inland waters;                  and OCONUS: < or = 50
                                                                        Great Lakes; and            miles from COTP city
                                                                                       OCONUS: < or = 12(hours)
                                                                             miles from COTP city
                                                                                 (hours)
(i) Assessment & Planning:
    (A) Remote assessment and consultation.                     1                      1                      1
    (B) On-site fire assessment............                     2                      6                     12

[[Page 416]]

 
(ii) Fire Suppression:
    (A) External firefighting teams........                     4                      8                     12
    (B) External vessel firefighting                            4                     12                     18
     systems...............................
----------------------------------------------------------------------------------------------------------------
\1\ Heavy lift services are not required to have definite hours for a response time. The planholder must still
  contract for heavy lift services, provide a description of the heavy lift response and an estimated response
  time when these services are required, however, none of the timeframes listed in the table in Sec.
  155.4030(b) will apply to these services.


[[Page 417]]

    (c) Integration into the response organization. You must ensure that 
all salvage and marine firefighting resource providers are integrated 
into the response organizations listed in your plans. The response 
organization must be consistent with the requirements set forth in 
Sec. Sec. 155.1035(d), 155.1040(d) and 155.1045(d).
    (d) Coordination with other response resource providers, response 
organizations and OSROs. Your plan must include provisions on how the 
salvage and marine firefighting resource providers will coordinate with 
other response resources, response organizations, and OSROs. For 
example, you will need to identify how salvage and marine firefighting 
assessment personnel will coordinate response activity with oil spill 
removal organizations. For services that, by law, require public 
assistance, there must be clear guidelines on how service providers will 
interact with those organizations. The information contained in the 
response plan must be consistent with applicable Area Contingency Plans 
(ACPs) and the National Oil and Hazardous Substances Pollution 
Contingency Plan as found in Sec. 155.1030(h).
    (e) Ensuring the proper emergency towing vessels are listed in your 
VRP. Your VRP must identify towing vessels with the proper 
characteristics, horsepower, and bollard pull to tow your vessel(s). 
These towing vessels must be capable of operating in environments where 
the winds are up to 40 knots.
    (f) Ensuring the proper type and amount of transfer equipment is 
listed in your VRP. Your salvage resource provider must be able to bring 
on scene a pumping capability that can offload the vessel's largest 
cargo tank in 24 hours of continuous operation. This is required for 
both emergency transfer and lightering operations.
    (g) Ensuring firefighting equipment is compatible with your vessel. 
Your plan must list the proper type and amount of extinguishing agent 
needed to combat a fire involving your vessel's cargo, other contents, 
and superstructure. If your primary extinguishing agent is foam or 
water, you must identify resources in your plan that are able to pump, 
for a minimum of 20 minutes, at least 0.016 gallons per minute per 
square foot of the deck area of your vessel, or an appropriate rate for 
spaces that this rate is not suitable for and if needed, an adequate 
source of foam. These resources described are to be supplied by the 
resource provider, external to the vessel's own firefighting system.
    (h) Ensuring the proper subsurface product removal. You must have 
subsurface product removal capability if your vessel(s) operates in 
waters of 40 feet or more. Your resource provider must have the 
capability of removing cargo and fuel from your sunken vessel to a depth 
equal to the maximum your vessel operates in up to 150 feet.

[USCG-1998-3417, 73 FR 80649, Dec. 31, 2008; 74 FR 7648, Feb. 19, 2009; 
USCG-2010-0351, 75 FR 36285, June 25, 2010]



Sec. 155.4032  Other resource provider considerations.

    (a) Use of resource providers not listed in the VRP. If another 
resource provider, not listed in the approved plan for the specific 
service required, is to be contracted for a specific response, 
justification for the selection of that resource provider needs to be 
provided to, and approved by, the FOSC. Only under exceptional 
circumstances will the FOSC authorize deviation from the resource 
provider listed in the approved vessel response plan in instances where 
that would best affect a more successful response.
    (b) Worker health and safety. Your resource providers must have the 
capability to implement the necessary engineering, administrative, and 
personal protective equipment controls to safeguard their workers when 
providing salvage and marine firefighting services, as found in 33 CFR 
155.1055(e) and 29 CFR 1910.120(q).



Sec. 155.4035  Required pre-incident information and arrangements for the 

salvage and marine firefighting resource providers listed in response plans.

    (a) You must provide the information listed in Sec. Sec. 
155.1035(c) and 155.1040(c) to your salvage and marine firefighting 
resource providers.
    (b) Marine firefighting pre-fire plan. (1) You must prepare a vessel 
pre-fire plan in accordance with NFPA 1405, Guide

[[Page 418]]

for Land-Based Firefighters Who Respond to Marine Vessel Fires, Chapter 
9 (Incorporation by reference, see Sec. 155.140). If the planholder's 
vessel pre-fire plan is one that meets another regulation, such as SOLAS 
Chapter II-2, Regulation 15, or international standard, a copy of that 
specific fire plan must also be given to the resource provider(s) 
instead of the NFPA 1405 pre-fire plan, and be attached to the VRP.
    (2) The marine firefighting resource provider(s) you are required to 
identify in your plan must be given a copy of the plan. Additionally, 
they must certify in writing to you that they find the plan acceptable 
and agree to implement it to mitigate a potential or actual fire.
    (3) If a marine firefighting resource provider subcontracts to other 
organizations, each subcontracted organization must also receive a copy 
of the vessel pre-fire plan.

[USCG-1998-3417, 73 FR 80649, Dec. 31, 2008, as amended by USCG-2010-
0351, 75 FR 36285, June 25, 2010]



Sec. 155.4040  Response times for each salvage and marine firefighting 

service.

    (a) You must ensure, by contract or other approved means, that your 
resource provider(s) is capable of providing the services within the 
required timeframes.
    (1) If your vessel is at the pier or transiting a COTP zone within 
the continental United States (CONUS), the timeframes in Table 
155.4030(b) apply as listed.
    (2) If your vessel is at the pier or transiting a COTP zone outside 
the continental United States (OCONUS), the timeframes in Table 
155.4030(b) apply as follows:
    (i) Inland waters and nearshore area timeframes apply from the COTP 
city out to and including the 12 mile point.
    (ii) Offshore area timeframes apply from 12 to 50 miles outside the 
COTP city.
    (3) If your vessel transits within an OCONUS COTP zone that is 
outside the areas described in paragraph (a)(2) of this section, but 
within the inland waters or the nearshore or offshore area, you must 
submit in writing, in your plan, the steps you will take to address 
salvage and marine firefighting needs in the event these services are 
required.
    (b) The timeframe starts when anyone in your response organization 
receives notification of a potential or actual incident. It ends when 
the service reaches the ship, the outer limit of the nearshore area, the 
outer limit of the offshore area, the 12 or 50-mile point from the COTP 
city, or a point identified in your response plan for areas OCONUS.
    (c) Table 155.4040(c) provides additional amplifying information for 
vessels transiting within the nearshore and offshore areas of CONUS or 
within 50 miles of an OCONUS COTP city.

            Table 155.4040(c)--Response Timeframe End Points
------------------------------------------------------------------------
           Service                    Response timeframe ends when
------------------------------------------------------------------------
(1) Salvage:
    (i) Remote assessment and  Salvor is in voice contact with Qualified
     consultation.              Individual (QI)/Master/Operator.
    (ii) Begin assessment of   A structural assessment of the vessel has
     structural stability.      been initiated.
    (iii) On-site salvage      Salvor on board vessel.
     assessment.
    (iv) Assessment of         Initial analysis is completed. This is a
     structural stability.      continual process, but at the time
                                specified an analysis needs to be
                                completed.
    (v) Hull and bottom        Survey completed.
     survey.
    (vi) Emergency towing....  Towing vessel on scene.
    vii) Salvage plan........  Plan completed and submitted to Incident
                                Commander/Unified Command.
    (viii) External emergency  External pumps on board vessel.
     transfer operations.
    (ix) Emergency lightering  Lightering equipment on scene and
                                alongside.
    (x) Other refloating       Salvage plan approved & resources on
     methods.                   vessel.
    (xi) Making temporary      Repair equipment on board vessel.
     repairs.
    (xii) Diving services      Required support equipment & personnel on
     support.                   scene.
    (xiii) Special salvage     Plan completed and submitted to Incident
     operations plan.           Commander/Unified Command.
    (xiv) Subsurface product   Resources on scene.
     removal.
    (xv) Heavy lift \1\......  Estimated.

[[Page 419]]

 
(2) Marine Firefighting:
    (i) Remote assessment and  Firefighter in voice contact with QI/
     consultation.              Master/Operator.
    (ii) On-site fire          Firefighter representative on site.
     assessment.
    (iii) External             Team and equipment on scene.
     firefighting teams.
    (iv) External vessel       Personnel and equipment on scene.
     firefighting systems.
------------------------------------------------------------------------
\1\ Heavy lift services are not required to have definite hours for a
  response time. The planholder must still contract for heavy lift
  services, provide a description of the heavy lift response and an
  estimated response time when these services are required, however,
  none of the timeframes listed in the table in Sec.  155.4030(b) will
  apply to these services.

    (d) How to apply the timeframes to your particular situation. To 
apply the timeframes to your vessel's situation, follow these 
procedures:
    (1) Identify if your vessel operates CONUS or OCONUS.
    (2) If your vessel is calling at any CONUS pier or an OCONUS pier 
within 50 miles of a COTP city, you must list the pier location by 
facility name or city and ensure that the marine firefighting resource 
provider can reach the locations within the specified response times in 
Table 155.4030(b).
    (3) If your vessel is transiting within CONUS inland waters, 
nearshore or offshore areas or the Great Lakes, you must ensure the 
listed salvage and marine firefighting services are capable of reaching 
your vessel within the appropriate response times listed in Table 
155.4030(b).
    (4) If your vessel is transiting within 12 miles or less from an 
OCONUS COTP city, you must ensure the listed salvage and marine 
firefighting services are capable of reaching a point 12 miles from the 
harbor of the COTP city within the nearshore area response times listed 
in Table 155.4030(b).
    (5) If your vessel is transiting between 12 and 50 miles from an 
OCONUS COTP city, you must ensure the listed salvage and marine 
firefighting services are capable of reaching a point 50 miles from the 
harbor of the COTP city within the offshore area response times listed 
in Table 155.4030(b).
    (6) If your vessel transits inland waters or the nearshore or 
offshore areas OCONUS, but is more than 50 miles from a COTP city, you 
must still contract for salvage and marine firefighting services and 
provide a description of how you intend to respond and an estimated 
response time when these services are required, however, none of the 
time limits listed in Table 155.4030(b) will apply to these services.



Sec. 155.4045  Required agreements or contracts with the salvage and marine 

firefighting resource providers.

    (a) You may only list resource providers in your plan that have been 
arranged by contract or other approved means.
    (b) You must obtain written consent from the resource provider 
stating that they agree to be listed in your plan. This consent must 
state that the resource provider agrees to provide the services that are 
listed in Sec. Sec. 155.4030(a) through 155.4030(h), and that these 
services are capable of arriving within the response times listed in 
Table 155.4030(b). This consent may be included in the contract with the 
resource provider or in a separate document.
    (c) This written consent must be available to the Coast Guard for 
inspection. The response plan must identify the location of this written 
consent, which must be:
    (1) On board the vessel; or
    (2) With a qualified individual located in the United States.
    (d) Public marine firefighters may only be listed out to the maximum 
extent of the public resource's jurisdiction, unless other agreements 
are in place. A public marine firefighting resource may agree to respond 
beyond their jurisdictional limits, but the Coast Guard considers it 
unreasonable to expect public marine firefighting resources to do this.

[[Page 420]]



Sec. 155.4050  Ensuring that the salvors and marine firefighters are adequate.

    (a) You are responsible for determining the adequacy of the resource 
providers you intend to include in your plan.
    (b) When determining adequacy of the resource provider, you must 
select a resource provider that meets the following selection criteria 
to the maximum extent possible:
    (1) Resource provider is currently working in response service 
needed.
    (2) Resource provider has documented history of participation in 
successful salvage and/or marine firefighting operations, including 
equipment deployment.
    (3) Resource provider owns or has contracts for equipment needed to 
perform response services.
    (4) Resource provider has personnel with documented training 
certification and degree experience (Naval Architecture, Fire Science, 
etc.).
    (5) Resource provider has 24-hour availability of personnel and 
equipment, and history of response times compatible with the time 
requirements in the regulation.
    (6) Resource provider has on-going continuous training program. For 
marine firefighting providers, they meet the training guidelines in NFPA 
1001, 1005, 1021, 1405, and 1561 (Incorporation by reference, see Sec. 
155.140), show equivalent training, or demonstrate qualification through 
experience.
    (7) Resource provider has successful record of participation in 
drills and exercises.
    (8) Resource provider has salvage or marine firefighting plans used 
and approved during real incidents.
    (9) Resource provider has membership in relevant national and/or 
international organizations.
    (10) Resource provider has insurance that covers the salvage and/or 
marine firefighting services which they intend to provide.
    (11) Resource provider has sufficient up front capital to support an 
operation.
    (12) Resource provider has equipment and experience to work in the 
specific regional geographic environment(s) that the vessel operates in 
(e.g., bottom type, water turbidity, water depth, sea state and 
temperature extremes).
    (13) Resource provider has the logistical and transportation support 
capability required to sustain operations for extended periods of time 
in arduous sea states and conditions.
    (14) Resource provider has the capability to implement the necessary 
engineering, administrative, and personal protective equipment controls 
to safeguard the health and safety of their workers when providing 
salvage and marine firefighting services.
    (15) Resource provider has familiarity with the salvage and marine 
firefighting protocol contained in the local ACPs for each COTP area for 
which they are contracted.
    (c) A resource provider need not meet all of the selection criteria 
in order for you to choose them as a provider. They must, however, be 
selected on the basis of meeting the criteria to the maximum extent 
possible.
    (d) You must certify in your plan that these factors were considered 
when you chose your resource provider.



Sec. 155.4052  Drills and exercises.

    (a) A vessel owner or operator required by Sec. Sec. 155.1035 and 
155.1040 to have a response plan shall conduct exercises as necessary to 
ensure that the plan will function in an emergency. Both announced and 
unannounced exercises must be included.
    (b) The following are the minimum exercise requirements for vessels 
covered by this subpart:
    (1) Remote assessment and consultation exercises, which must be 
conducted quarterly;
    (2) Emergency procedures exercises, which must be conducted 
quarterly;
    (3) Shore-based salvage and shore-based marine firefighting 
management team tabletop exercises, which must be conducted annually;
    (4) Response provider equipment deployment exercises, which must be 
conducted annually;
    (5) An exercise of the entire response plan, which must be conducted 
every three years. The vessel owner or operator shall design the 
exercise program so that all components of the response plan are 
exercised at least once every three years. All of the components do

[[Page 421]]

not have to be exercised at one time; they may be exercised over the 3-
year period through the required exercises or through an area exercise; 
and
    (6) Annually, at least one of the exercises listed in Sec. 
155.4052(b)(2) and (4) must be unannounced. An unannounced exercise is 
one in which the personnel participating in the exercise have not been 
advised in advance of the exact date, time, or scenario of the exercise.
    (7) Compliance with the National Preparedness for Response Exercise 
Program (PREP) Guidelines will satisfy the vessel response plan exercise 
requirements. These guidelines are available on the Internet at https://
Homeport.uscg.mil/exercises. Once on that Web site, select the link for 
``Preparedness for Response Exercise Program (PREP)'' and then select 
``Preparedness for Response Exercise Program (PREP) Guidelines''. 
Compliance with an alternate program that meets the requirements of 33 
CFR 155.1060(a), and has been approved under 33 CFR 155.1065 will also 
satisfy the vessel response plan exercise requirements.



Sec. 155.4055  Temporary waivers from meeting one or more of the specified 

response times.

    (a) You may submit a request for a temporary waiver of a specific 
response time requirement, if you are unable to identify a resource 
provider who can meet the response time.
    (b) Your request must be specific as to the COTP zone, operating 
environment, salvage or marine firefighting service, and response time.
    (c) Emergency lightering requirements set forth in Sec. 155.4030(b) 
will not be subject to the waiver provisions of this subpart.
    (d) You must submit your request to the Commandant, Director of 
Prevention Policy (CG-54), via the local COTP for final approval. The 
local COTP will evaluate and comment on the waiver before forwarding the 
waiver request, via the District to the Commandant (CG-54) for final 
approval.
    (e) Your request must include the reason why you are unable to meet 
the time requirements. It must also include how you intend to correct 
the shortfall, the time it will take to do so, and what arrangements 
have been made to provide the required response resources and their 
estimated response times.
    (f) Commandant, Director of Prevention Policy (CG-54), will only 
approve waiver requests up to a specified time period, depending on the 
service addressed in the waiver request, the operating environment, and 
other relevant factors. These time periods are listed in Table 
155.4055(g).
    (g) Table 155.4055(g) lists the service waiver time periods.

             Table 155.4055(g)--Service Waiver Time Periods
------------------------------------------------------------------------
                                                                Maximum
                                                                 waiver
                           Service                                time
                                                                 period
                                                                (years)
------------------------------------------------------------------------
(1) Remote salvage assessment & consultation.................          0
(2) Remote firefighting assessment & consultation............          0
(3) On-site salvage & firefighting assessment................          1
(4) Hull and bottom survey...................................          2
(5) Salvage stabilization services...........................          3
(6) Fire suppression services................................          4
(7) Specialized salvage operations...........................          5
------------------------------------------------------------------------

    (h) You must submit your waiver request 30 days prior to any plan 
submission deadlines identified in this or any other subpart of part 155 
in order for your vessel to continue oil transport or transfer 
operations.



    Sec. Appendix A to Part 155--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 shall be
                                                       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 and of
                                                       suitable length.
------------------------------------------------------------------------
The flange must be of steel having a flat face, with a gasket of
  oilproof material, and must be suitable for a service pressure of 6
  kg./cm.2 (85 p.s.i.).
The steel materials used must meet the material specifications of
  standard B16.5, Steel Pipe Flanges and Flanged Fittings of the
  American National Standards Institute. (See Sec.  154.106 of this
  chapter.)


[[Page 422]]


[CGD 75-124, 45 FR 7176, Jan. 31, 1980]



    Sec. Appendix B to Part 155--Determining and Evaluating Required 

              Response Resources for Vessel Response Plans

                               1. Purpose

    1.1 The purpose of this appendix is to describe the procedures for 
identifying response resources to meet the requirements of subparts D, 
E, F, and G of this part. These guidelines will be used by the vessel 
owner or operator in preparing the response plan and by the Coast Guard 
to review vessel response plans. Response plans submitted under subparts 
F and G of this part will be evaluated under the 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 be capable of 
operating in the conditions expected in the geographic area in which a 
vessel operates. These conditions vary widely based on the location and 
season. Therefore, it is difficult to identify a single stockpile of 
response equipment that will function effectively in every geographic 
location.
    2.2 Vessels storing, handling, or transporting oil in more than one 
operating environment as indicated in Table 1 must identify equipment 
capable of successfully functioning in each operating environment. For 
example, vessels moving from the ocean to a river port must identify 
appropriate equipment designed to meet the criteria for transiting 
oceans, inland waterways, rivers, and canals. This equipment may be 
designed to operate in all of these environments or, more likely, 
different equipment may be designed for use in each area.
    2.3 When identifying equipment for response plan credit, a vessel 
owner or operator must consider the inherent limitations in the 
operability of equipment components and response systems. The criteria 
in Table 1 of this appendix must be used for evaluating the operability 
in a given environment. These criteria reflect the general conditions in 
certain operating areas.
    2.4 Table 1 of this appendix lists criteria for oil recovery devices 
and boom. All other equipment necessary to sustain or support response 
operations in a geographic area must be designed to function in the same 
conditions. For example, boats which deploy or support skimmers or boom 
must be capable of being safely operated in the significant wave heights 
listed for the applicable operating environment. The Coast Guard may 
require documentation that the boom identified in a response plan meets 
the criteria in Table 1 of this appendix. Absent acceptable 
documentation, the Coast Guard may require that the boom be tested to 
demonstrate that it meets the criteria in Table 1 of this appendix. 
Testing must be in accordance with certain American Society for Testing 
Materials (ASTM) standards [ASTM F 715 (incorporated by reference, see 
Sec. 155.140) Standard Methods of Testing Spill Control Barrier 
Membrane Materials], or other tests approved by the Coast Guard.
    2.5 A vessel owner or operator must refer to the applicable Area 
Contingency Plan to determine if ice, debris, and weather-related 
visibility are significant factors in evaluating the operability of 
equipment. The Area Contingency Plan will also identify the average 
temperature ranges expected in a geographic area in which a vessel 
operates. All equipment identified in a response plan must be designed 
to operate within those conditions or ranges.
    2.6 The requirements of subparts D, E, F, and G of this part 
establish response resource mobilization and response times. The 
location that the vessel operates farthest from the storage location of 
the response resources must be used to determine whether the resources 
are capable of arriving on scene within the time required. A vessel 
owner or operator shall include the time for notification, mobilization, 
and travel time of resources identified to meet the maximum most 
probable discharge and Tier 1 worst case discharge requirements. For 
subparts D and E of this part, tier 2 and 3 resources must be notified 
and mobilized as necessary to meet the requirements for arrival on 
scene. An on-water speed of 5 knots and a land speed of 35 miles per 
hour is assumed, unless the vessel owner or operator can demonstrate 
otherwise.
    2.7 For subparts D and E of this part, in identifying equipment, the 
vessel owner or operator shall list the storage location, quantity, and 
manufacturer's make and model, unless the oil spill removal 
organization(s) providing the necessary response resources have been 
evaluated by the Coast Guard, and their capability has been determined 
to equal or exceed the response capability needed by the vessel. For oil 
recovery devices, the effective daily recovery capacity, as determined 
using section 6 of this appendix, must be included. For boom, the 
overall boom height (draft plus freeboard) must be included. A vessel 
owner or operator is responsible for ensuring that identified boom has 
compatible connectors.
    2.8 For subparts F and G of this part, in identifying equipment, the 
vessel owner or operator shall list the storage location, quantity, and 
manufacturer's make and model, unless the oil spill removal 
organization(s) providing the necessary response resources have been 
evaluated by the Coast Guard, and their capability has been determined 
to equal or exceed the response capability needed by the vessel. For 
boom, the

[[Page 423]]

overall boom height (draft plus freeboard) must be included. A vessel 
owner of operator is responsible for ensuring that identified boom has 
compatible connectors.

3. Determining Response Resources Required for the Average Most Probable 
                                Discharge

    3.1 A vessel owner or operator shall identify and ensure, by 
contract or other approved means, that sufficient response resources are 
available to respond to the 50-barrel average most probable discharge at 
the point of an oil transfer involving a vessel that carries oil as a 
primary cargo. The equipment must be designed to function 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 the length of 
the largest vessel involved in the transfer capable of being deployed 
within 1 hour of the detection of a spill at the site of oil transfer 
operations. If the transfer operation is more than 12 miles from shore, 
the containment boom must be deployed within 1 hour plus the travel time 
from the nearest shoreline at a speed of 5 knots.
    3.1.2 Oil recovery devices with an effective daily recovery capacity 
of 50 barrels or greater available at the transfer site within 2 hours 
of the detection of an oil discharge.
    3.1.3 Oil storage capacity for recovered oily material indicated in 
section 9.2 of this appendix.

4. Determining Response Resources Required for the Maximum Most Probable 
                                Discharge

    4.1 A vessel owner or operator shall identify and ensure, by 
contract or other approved means, that sufficient response resources are 
available to respond to discharges up to the maximum most probable 
discharge volume for that vessel. The resources should be capable of 
containing and collecting up to 2,500 barrels of oil. All equipment 
identified must be designed to operate in the applicable operating 
environment specified in table 1 of this appendix.
    4.2 To determine the maximum most probable discharge volume to 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 applicable maximum 
most probable discharge volume planning criteria must be located such 
that they arrive on scene within 12 hours of the discovery of a 
discharge in higher volume port areas and the Great Lakes, 24 hours in 
all other rivers and canals, inland, nearshore, and offshore areas, and 
24 hours plus travel time from shore in all open ocean areas.
    4.3.1 Because rapid control, containment, and removal of oil is 
critical to reduce spill impact, the effective daily recovery capacity 
for oil recovery devices must equal 50% of the planning volume 
applicable for the vessel as determined in section 4.2 of this appendix. 
The effective daily recovery capacity for oil recovery devices 
identified in the plan must be determined using the criteria in section 
6 of this appendix.
    4.4 In addition to oil recovery capacity, the vessel owner or 
operator must identify in the response plan and ensure the availability 
of, through contract or other approved means, sufficient boom available 
within the required response times for oil connection and containment, 
and for protection of shoreline areas. While the regulation does not set 
required quantities of boom for oil collection and containment, the 
owner or operator of a vessel must still identify in a response plan and 
ensure, through contract or other approved means, the availability of 
the boom identified in the plan for this purpose.
    4.5 The plan must indicate the availability of temporary storage 
capacity to meet the requirements of section 9.2 of this appendix. If 
available storage capacity is insufficient to meet this requirement, the 
effective daily recovery capacity must be downgraded to the limits of 
the available storage capacity.
    4.6 The following is an example of a maximum most probable discharge 
volume planning calculation for equipment identification in a higher 
volume port area:
    The vessel's cargo capacity is 10,000 barrels, thus the planning 
volume is 10 percent or 1,000 barrels. The effective daily recovery 
capacity must be 50 percent of the planning volume, for 500 barrels per 
day. The ability of oil recovery devices to meet this capacity will be 
calculated using the procedures in section 6 of this appendix. Temporary 
storage capacity available on scene must equal twice the daily recovery 
capacity as indicated in section 9 of this appendix, or 1000 barrels per 
day. This figure would represent the information the vessel owner or 
operator would use to identify and ensure the availability of, through 
contract or other approved means, the required response resources. The 
vessel owner would also need to identify how much boom was available for 
use.

5. Determining Response Resources Required for the Worst Case Discharge 
                    to the Maximum Extent Practicable

    5.1 A vessel owner or operator shall identify and ensure, by 
contract or other approved means, that sufficient response resources are 
available to respond to the worst case discharge of oil cargo to the 
maximum extent practicable. Section 7 of this appendix describes the 
method to determine the required response resources.
    5.2 Oil spill recovery devices identified to meet the applicable 
worst case discharge

[[Page 424]]

planning volume must be located such that they can arrive at the scene 
of a discharge within the time specified for the applicable response 
tier listed in Sec. 155.1050(g).
    5.3 The effective daily recovery capacity for oil recovery devices 
identified in a response plan must be determined using the criteria in 
section 6 of this appendix. A vessel owner or operator shall identify 
the storage locations of all equipment that must be used to fulfill the 
requirements for each tier.
    5.4 A vessel owner or operator shall identify the availability of 
temporary storage capacity to meet the requirements of section 9.2 of 
this appendix. If available storage capacity is insufficient to meet 
this requirement, then the effective daily recovery capacity must be 
downgraded to the limits of the available storage capacity.
    5.5 When selecting response resources necessary to meet the response 
plan requirements, the vessel owner or operator must ensure that a 
portion of those resources are capable of being used in close-to-shore 
response activities in shallow water. The following percentages of the 
on-water response equipment identified for the applicable geographic 
area must be capable of operating in waters of 6 feet or less depth:
    (i) Open ocean--none.
    (ii) Offshore--10 percent.
    (iii) Nearshore, inland, Great Lakes, and rivers and canals--20 
percent.
    5.6 In addition to oil spill recovery devices and temporary storage 
capacity, a vessel owner or operator shall identify in the response plan 
and ensure the availability of, through contract or other approved 
means, sufficient boom that can arrive on scene within the required 
response times for oil containment and collection. The specific quantity 
of boom required for collection and containment will depend on the 
specific recovery equipment and strategies employed. Table 2 of this 
appendix lists the minimum quantities of additional boom required for 
shoreline protection that a vessel owner or operator shall 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 the response 
plan and ensure, by contract or other approved means, the availability 
of an oil spill removal organization capable of responding to a 
shoreline cleanup operation involving the calculated volume of 
emulsified oil that might impact the affected shoreline. The volume of 
oil for which a vessel owner or operator should plan should be 
calculated through the application of factors contained in Tables 3 and 
4 of this appendix. The volume calculated from these tables is intended 
to assist the vessel owner or operator in identifying a contractor with 
sufficient resources. This planning volume is not used explicitly to 
determine a required amount of equipment and personnel.

   6. Determining Effective Daily Recovery Capacity for Oil Recovery 
                                 Devices

    6.1 Oil recovery devices identified by a vessel owner or operator 
must be identified by manufacturer, model, and effective daily recovery 
capacity. These capacities must be to meet the applicable planning 
criteria for the average most probable discharge; maximum most probable 
discharge; and worst case discharge to the maximum extent practicable.
    6.2 For the purposes of determining the effective daily recovery 
capacity of oil recovery devices, the following method will be used. 
This method considers potential limitations due to available daylight, 
weather, sea state, and percentage of emulsified oil in the recovered 
material. The Coast Guard may assign a lower efficiency factor to 
equipment listed in a response plan if it determines that such a 
reduction is warranted.
    6.2.1 The following formula must be used to calculate the effective 
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 by the Coast 
Guard)

    6.2.2 For those devices in which the pump limits the throughput of 
liquid, throughput rate will be calculated using the pump capacity.
    6.2.3 For belt or mop type devices, the throughput rate will be 
calculated using data provided by the manufacturer on the nameplate 
rated capacity for the device.
    6.2.4 Vessel owners or operators including in the response plan oil 
recovery devices whose throughput is not measurable using a pump 
capacity or belt or mop capacity may provide information to support an 
alternative method of calculation. This information must be submitted 
following the procedures in section 6.5 of this appendix.
    6.3 As an alternative to section 6.2 of this appendix, a vessel 
owner or operator may submit adequate evidence that a different 
effective daily recovery capacity should be applied for a specific oil 
recovery device. Adequate evidence is actual verified performance data 
in spill conditions or test using certain ASTM standards [ASTM F 631 
(incorporated by reference, see Sec. 155.140) Standard Method for 
Testing Full Scale Advancing Spill Removal Devices], or an equivalent 
test approved by the Coast Guard.
    6.3.1 The following formula must be used to calculate the effective 
daily recovery capacity under this alternative:

R=DxU

R--Effective daily recovery capacity

[[Page 425]]

D--Average Oil Recovery Rate in barrels per hour (Item 13.2.16 in ASTM F 
631; or actual performance data)
U--Hours per day that a vessel owner or operator can document capability 
to operate equipment under spill conditions. Ten hours per day must be 
used unless a vessel owner or operator can demonstrate that the recovery 
operation can be sustained for longer periods.

    6.4 A vessel owner or operator submitting a response plan shall 
provide data that supports the effective daily recovery capacities for 
the oil recovery devices listed. The following is an example of these 
calculations:
    A weir skimmer identified in a response plan has a manufacturer's 
rated 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 recovery rate 
is determined to be 220 gpm. The vessel owner or operator identifies 
sufficient resources available to support operations 12 hours 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 capacity 
if sufficient temporary oil storage capacity is available.
    6.5 Determinations of alternative efficiency factors under section 
6.2 or alternative effective daily recovery capacities under section 6.3 
of this appendix will be made by Commandant (CG-5431), Coast Guard 
Headquarters, 2100 2nd St.,SW., Stop 7581, Washington, DC 20593-7581 or 
[email protected]. Oil spill removal organizations or equipment manufacturers 
may submit required information 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 to a 
vessel's worst case discharge volume of oil cargo. The planning for on-
water recovery must take into account a loss of some oil to the 
environment due to evaporations and natural dissipation, potential 
increases in volume due to emulsification, and the potential for deposit 
of some oil on the shoreline.
    7.2 The following procedures must be used to calculate the planning 
volume used by a vessel owner or operator for determining required on-
water recovery capacity:
    7.2.1 The following must be determined: the total volume of oil 
cargo carried; the appropriate cargo group for the type of petroleum oil 
carried [persistent (groups II, III, and IV) or non-persistent (group 
I)]; and the geographic area(s) in which the vessel operates. For 
vessels carrying mixed cargoes from different petroleum oil groups, each 
group must be calculated separately. This information is to be used with 
Table 3 of this appendix to determine the percentages of the total cargo 
volume to be used for removal capacity planning. This table divides the 
cargo volume into three categories: oil lost to the environment; oil 
deposited on the shoreline; and oil available for on-water recovery.
    7.2.2 The on-water oil recovery volume must be adjusted using the 
appropriate emulsification factor found in Table 4 of this appendix.
    7.2.3 The adjusted volume is multiplied by the on-water oil recovery 
resource mobilization factor found in Table 5 of this appendix from the 
appropriate operating area and response tier to determine the total on-
water oil recovery capacity in barrels per day that must be identified 
or contracted for to arrive on scene within the applicable time for each 
response tier. Three tiers are specified. For higher volume port areas, 
the contracted tiers of resources must be located such that they can 
arrive on scene within 12, 36, and 60 hours of the discovery of an oil 
discharge. For the Great Lakes, these tiers are 18, 42, and 66 hours. 
For rivers and canals, inland, nearshore, and offshore, these tiers are 
24, 48, and 72 hours. For the open ocean area, these tiers are 24, 48, 
and 72 hours with an additional travel time allowance of 1 hour for 
every additional 5 nautical miles from shore.
    7.2.4 The resulting on-water recovery capacity in barrels per day 
for each tier is used to identify response resources necessary to 
sustain operations in the applicable geographic area. The equipment must 
be capable of sustaining operations for the time period specified in 
Table 3 of this appendix. A vessel owner or operator shall identify and 
ensure the availability of, through contract or other approved means, 
sufficient oil spill recovery devices to provide the effective daily oil 
recovery capacity required. If the required capacity exceeds the 
applicable cap described in Table 6 of this appendix, then a vessel 
owner or operator must contract for at least the quantity of resources 
required to meet the cap, but must identify sources of additional 
resources as indicated in Sec. 155.1050(p). For a vessel that carries 
multiple groups of oil, the required effective daily recovery capacity 
for each group is calculated and summed before applying the cap.
    7.3 The following procedures must be used to calculate the planning 
volume for identifying shoreline cleanup capacity:
    7.3.1 The following must be determined: the total volume of oil 
cargo carried; the appropriate cargo group for the type of petroleum oil 
carried [persistent (groups II, III, and IV) or non-persistent (group 
I)]; and the geographic area(s) in which the vessel operates. For a 
vessel carrying cargoes from different oil groups, each group must be 
calculated separately. Using this information,

[[Page 426]]

Table 3 of this appendix must be used to determine the percentages of 
the total cargo volume to be used for shoreline cleanup resource 
planning.
    7.3.2 The shoreline cleanup planning volume must be adjusted to 
reflect an emulsification factor using the same procedure as described 
in section 7.2.2 of this appendix.
    7.3.3 The resulting volume will be used to identify an oil spill 
removal organization with the appropriate shoreline cleanup capability.
    7.4 The following is an example of the procedure described above:
    A vessel with a 100,000 barrel capacity for 6 oil (specific 
gravity .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%
    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 this 
          appendix)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 response resource 
capable of managing a 98,000-barrel shoreline cleanup in those areas 
where the vessel comes closer than 50 miles to shore.
    Determining required resources for on-water recovery for each tier 
using mobilization factors: (barrel per day on-water recovery 
requirements)=(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 exceed 
the caps, the vessel owner would only need to contract for 10,000 
barrels per day for Tier 1. No additional equipment would be required to 
be identified because the required Tier 3 resources are below the Tier 3 
caps.
    10% of the on-water recovery capability for offshore, and 20% of the 
capability for inland/nearshore, for all tiers, must be capable of 
operating in water with a depth of 6 feet or less.
    The vessel owner or operator would also be required to identify or 
contract for quantities of boom identified in Table 2 of this appendix 
for the areas in which the vessel operates.

       8. Determining the Capability of High-Rate Response Methods

    8.1 Calculate cumulative dispersant application capacity 
requirements as follows:
    8.1.1 A vessel owner or operator must plan either for a dispersant 
capacity to respond to a vessel's worst case discharge (WCD) of oil, or 
for the amount of the dispersant resource capability as required by 
Sec. 155.1050(k)(3) of this chapter, whichever is the lesser amount. 
When planning for the cumulative application capacity that is required, 
the calculations should account for the loss of some oil to the 
environment due to natural dissipation causes (primarily evaporation). 
The following procedure should be used to determine the cumulative 
application requirements:
    8.1.2 Determine the WCD volume of oil carried in gallons, and the 
appropriate oil group for the type of petroleum oil carried (Groups II, 
III, IV). For vessels carrying different oil groups, assume a WCD using 
the oil group that constitutes the largest portion of the oil being 
carried, or the oil group with the smallest natural dissipation factor;
    8.1.3 Multiply the WCD in gallons by the natural dissipation factor 
for the appropriate oil group as follows: Group II factor is 0.50; Group 
III factor is 0.30; and Group IV factor is 0.10. This represents the 
amount of oil that

[[Page 427]]

can be expected to be lost to natural dissipation. Subtract the WCD lost 
to natural dissipation from the total oil amount carried to determine 
the remaining oil available for treatment by dispersant-application; and
    8.1.4 Multiply the oil available for dispersant treatment by the 
dispersant to oil planning application ratio of 1 part dispersant to 20 
parts oil (0.05). The resulting number represents the cumulative total 
dispersant-application capability that must be ensured available within 
the first 60 hours.
    8.1.5(i) The following is an example of the procedure described in 
paragraphs 8.1.1 through 8.1.4 above: A vessel with a 1,000,000 gallons 
capacity of crude oil (specific gravity 0.87) will transit through an 
area with pre-authorization for dispersant use in the nearshore 
environment on the U.S. East Coast.
    WCD: 1,000,000 gallons, Group III oil.
    Natural Dissipation Factor for Group III: 30 percent.
    General formula to determine oil available for dispersant treatment: 
((WCD)--[(WCD) x (natural dissipation factor)] = available oil.
    E.g., 1,000,000 gal-(1,000,000 gal x 0.30) = 700,000 gallons of 
available oil.
    Cumulative application capacity = Available oil x planning 
application ratio (1 gal dispersant/20 gals oil = 0.05).
    E.g., 700,000 gal oil x (0.05) = 35,000 gallons cumulative 
dispersant-application capacity.
    (ii) The requirements for cumulative dispersant-application capacity 
(35,000) for this vessel's WCD is less than the overall dispersant 
capability cap for non-Gulf Coast waters required by Sec. 155.1050(k) 
of this chapter. Because paragraph 8.1.1 of this appendix requires 
owners and operators to ensure the availability of the lesser of a 
vessel's dispersant requirements for WCD or the amount of the dispersant 
cap provided for in Sec. 155.1050(k)(3), the vessel in this example 
would be required to ensure the availability of 35,000 gallons of 
dispersant. More specifically, this vessel would be required to meet the 
following tier requirements in Sec. 155.1050(k), which total 35,000 
gallons application:
    Tier--1 4,125 gallons--Completed in 12 hours.
    Tier--2 23,375 gallons--Completed in 36 hours.
    Tier--3 7,500 gallons--Completed in 60 hours.
    8.2 Determining Effective Daily Application Capacities ``EDACs'' for 
dispersant response systems as follows:
    8.2.1 EDAC planning estimates for compliance with the dispersant 
application requirements in Sec. 155.1050(k)(3) are to be based on:
    8.2.1.1 The spill occurring at sites 50 nautical miles off shore 
furthest from the primary dispersant staging site(s);
    8.2.1.2 Specific dispersant application platform operational 
characteristics identified in the Dispersant Mission Planner 2 or as 
demonstrated by operational tests;
    8.2.1.3 Locations of primary dispersant staging sites; and
    8.2.1.4 Locations and quantities of dispersant stockpiles.
    8.2.2 EDAC calculations with supporting documentation must be 
submitted to the NSFCC for classification as a Dispersant Oil Spill 
Removal Organization.
    8.2.3(i) EDAC can also be calculated using the Dispersant Mission 
Planner 2 (DMP2). The DMP2 is a downloadable application that calculates 
EDAC for different dispersant response systems. It is located on the 
Internet at: http://www.response.restoration.noaa.gov/spilltools
    (ii) The DMP2 contains operating information for the vast majority 
of dispersant application platforms, to include aircraft, both rotary 
and fixed wing, and vessels. The DMP2 produces EDAC estimates by 
performing calculations that are based on performance parameters of 
dispersant application platforms, locations of primary dispersant 
staging sites, home based airport or port locations, and for planning 
purposes, a 50 mile from shore dispersant application site. The 50 mile 
offshore site used in the DMP2 would be the location furthest from the 
primary dispersant staging site identified in the vessel response plan.
    8.2.4 For each Captain of the Port Zone where a dispersant response 
capability is required, the response plan must identify the following:
    8.2.4.1 The type, number, and location of each dispersant 
application platform intended for use in meeting dispersant delivery 
requirements specified in Sec. 155.1050(k)(3) of this chapter;
    8.2.4.2 The amount and location of available dispersant stockpiles 
to support each platform; and
    8.2.4.3 A primary staging site for each platform that will serve as 
its base of operations for the duration of the response.
    8.3 In addition to the equipment and supplies required, a vessel 
owner or operator must identify a source of support to conduct the 
monitoring and post-use effectiveness evaluation required by applicable 
Local and Area Contingency Plans.
    8.4 Identification of the resources for dispersant application does 
not imply that the use of this technique will be authorized. Actual 
authorization for use during a spill response will be governed by the 
provisions of the National Oil and Hazardous Substances Contingency Plan 
(40 CFR part 300) and the applicable Local or Area Contingency Plan.

    9. Additional Equipment Necessary To Sustain Response Operations

    9.1 A vessel owner or operator is responsible for ensuring that 
sufficient numbers of

[[Page 428]]

trained personnel, boats, aerial spotting aircraft, sorbent materials, 
boom anchoring materials, and other resources are available to sustain 
response operations to completion. All such equipment must be suitable 
for use with the primary equipment identified in the response plan. A 
vessel owner or operator is not required to list these resources in the 
response plan, but shall certify their availability.
    9.2 A vessel owner or operator shall evaluate the availability of 
adequate temporary storage capacity to sustain the effective daily 
recovery capacities from equipment identified in the plan. Because of 
the inefficiencies of oil spill recovery devices, response plans must 
identify daily storage capacity equivalent to twice the effective daily 
recovery capacity required on scene. This temporary storage capacity may 
be reduced if a vessel owner or operator can demonstrate by waste stream 
analysis that the efficiencies of the oil recovery devices, ability to 
decant water, or the availability of alternative temporary storage or 
disposal locations in the area(s) the vessel will operate will reduce 
the overall volume of oily material storage requirements.
    9.3 A vessel owner or operator shall ensure that their planning 
includes the capability to arrange for disposal of recovered oil 
products. Specific disposal procedures will be addressed in the 
applicable Area Contingency Plan.

              Table 1--Response Resource Operating Criteria
                         [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
Boom height--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 Tensile Strength--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 of operating in wave heights up to and including the
  values listed in Table 1 for each operating environment.
\2\ Equipment identified as capable of operating in waters of 6 feet or less depth are exempt from the
  significant wave height planning requirement.


                                   Table 2--Shoreline Protection Requirements
----------------------------------------------------------------------------------------------------------------
                                                                       Boom             Availability hours
                                                                 -----------------------------------------------
                                                                    Ensured by
                            Location                                contract or    Higher volume
                                                                  other approved     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 429]]

[GRAPHIC] [TIFF OMITTED] TR12JA96.000


[[Page 430]]

[GRAPHIC] [TIFF OMITTED] TR12JA96.001


     Table 4--Emulsification Factors 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 431]]

 
    Group IV...............................................          1.4
------------------------------------------------------------------------


                          Table 5--On-Water Oil Recovery Resource 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 Caps by Geographic Area
----------------------------------------------------------------------------------------------------------------
                                                Tier 1                   Tier 2                   Tier 3
----------------------------------------------------------------------------------------------------------------
As of February 18, 1993:
All except rivers & canals & Great     10K bbls/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.........  6,000 bbls/day.
February 18, 1998:
All except rivers & canals & Great     12.5K bbls/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.........  7,500 bbls/day.
February 18, 2003
All except rivers & canals & Great     12.5K bbls/day.........  25K bbls/day...........  50K bbls/day.
 Lakes.
Great Lakes..........................  6.25K bbls/day.........  12.3K bbls/day.........  25K bbls/day.
Rivers & canals......................  1,875 bbls/day.........  3,750 bbls/day.........  7,500 bbls/day.
----------------------------------------------------------------------------------------------------------------
Note: The caps show cumulative overall effective daily recovery capacity, not incremental increases.
K = Thousand
bbls = Barrels
TBD = To be determined


[CGD 91-034, 61 FR 1100, Jan. 12, 1996, as amended by CGD 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; USCG-2001-8661, 74 FR 45029, Aug. 31, 2009; USCG-2010-
0351, 75 FR 36285, June 25, 2010]



 Sec. Appendix C to Part 155--Training Elements for Oil Spill Response 

                                  Plans

                               1. General

    1.1 The portion of the plan dealing with training is one of the key 
elements of a response plan. This concept is clearly expressed by the 
fact that Congress, in writing the Oil Pollution Act of 1990, 
specifically included training as one of the sections required in a 
vessel or facility response plan. In reviewing submitted response plans, 
it has been noted that the plans often do not provide sufficient 
information in the training section of the plan for either the user or 
the reviewer of the plan. In some cases, plans simply state that the 
crew and others will be training in their duties and responsibilities, 
with no other information being provided. In other plans, information is 
simply given that required parties will receive the necessary worker 
safety training (HAZWOPER).
    1.2 The training section of the plan need not be a detailed course 
syllabus, but it must contain sufficient information to allow the user 
and reviewer (or evaluator) to have an understanding of those areas that 
are believed to be critical. Plans should identify key skill areas and 
the training that is required to ensure that the individual identified 
will be capable of performing the duties prescribed to them. It should 
also describe how the training will be delivered to the various 
personnel. Further, this section of the plan must work in harmony with 
those sections of the plan dealing with exercises, the spill management 
team, and the qualified individual.
    1.3 The material in this appendix C is not all-inclusive and is 
provided for guidance only.

                       2. Elements To Be Addressed

    2.1 To assist in the preparation of the training section of a vessel 
response plan, some of the key elements that should be addressed are 
indicated in the following sections. Again, while it is not necessary 
that the comprehensive training program for the company be included in 
the response plan, it

[[Page 432]]

is necessary for the plan to convey the elements that define the program 
as appropriate.
    2.2 An effective spill response training program should consider 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 a 
substantial threat of a discharge of oil resulting from--
    2.2.3.1 Operational activities associated with internal or external 
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 for direction of 
response activities from vessel and facility personnel to the spill 
management team.
    2.2.7 Familiarity with the operational capabilities of the 
contracted oil spill removal organizations and the procedures to notify 
and activate such organizations.
    2.2.8 Familiarity with the contracting and ordering procedures to 
acquire oil spill removal organization resources.
    2.2.9 Familiarity with the Area Contingency Plans.
    2.2.10 Familiarity with the organizational structures that will be 
used to manage the response actions.
    2.2.11 Responsibilities and duties of the spill management team 
members in accordance with designated job responsibilities.
    2.2.12 Responsibilities and authority of the qualified individual as 
described in the vessel response plan and company response organization.
    2.2.13 Responsibilities of designated individuals to initiate a 
response and supervise shore-based response resources.
    2.2.14 Actions to take, in accordance with designated job 
responsibilities, in the event of a transfer system leak, tank overflow, 
or suspected cargo tank or hull leak.
    2.2.15 Information on the cargoes handled by the vessel or facility, 
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 the cargo; and
    2.2.15.5 Spill and firefighting procedures for the cargo.
    2.2.16 Occupational Safety and Health Administration requirements 
for worker health and safety (29 CFR 1910.120).

                        3. Further Considerations

    In drafting the training section of the response plan, some further 
considerations are noted below (these points are raised simply as a 
reminder):
    3.1 The training program should focus on training provided to vessel 
personnel.
    3.2 An organization is comprised of individuals, and a training 
program should be structured to recognize this fact by ensuring that 
training is tailored to the needs of the individuals involved in the 
program.
    3.3 An owner or operator may identify equivalent work experience 
which fulfills specific training requirements.
    3.4 The training program should include participation in periodic 
announced and unannounced exercises. This participation should 
approximate the actual roles and responsibilities of individuals as 
specified in the response plan.
    3.5 Training should be conducted periodically to reinforce the 
required knowledge and to ensure an adequate degree of preparedness by 
individuals with responsibilities under the vessel response plan.
    3.6 Training may be delivered via a number of different means; 
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 prior to 
being assigned job responsibilities which require participation in 
emergency response situations.

                              4. Conclusion

    The information in this appendix is only intended to assist response 
plan preparers in reviewing the content of and in modifying the training 
section of their response plans. It may be more comprehensive than is 
needed for some vessels and not comprehensive enough for others. The 
Coast Guard expects that plan preparers have determined the training 
needs of their organizations created by the development of the response 
plans and the actions identified as necessary to increase the 
preparedness of the company and its personnel to respond to actual or 
threatened discharges of oil from their vessels.

[CGD 91-034, 61 FR 1107, Jan. 12, 1996]

[[Page 433]]



PART 156_OIL AND HAZARDOUS MATERIAL TRANSFER 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 and Hazardous 
                            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 for the 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. Section 156.120(bb) is 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 material on 
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 within a public 
vessel.

[CGD 86-034, 55 FR 36255, Sept. 4, 1990]



Sec. 156.105  Definitions.

    Except as specifically stated in a section, the definitions in Sec. 
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 facility 
operator in lieu of any requirements in this part if:
    (1) Compliance with the requirement is economically or physically 
impractical;
    (2) The vessel or facility operator submits a written request for 
the alternative at least 30 days before operations under the alternative 
are proposed, unless the COTP authorizes a shorter time; and
    (3) The alternative provides an equivalent level of safety and 
protection from pollution by oil or hazardous material, which is 
documented in the request.
    (b) The COTP takes final approval or disapproval action on any 
alternative requested, in writing, within 30 days of receipt of the 
request.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36255, Sept. 4, 1990]



Sec. 156.110  Exemptions.

    (a) The Assistant Commandant for Marine Safety, Security and 
Environmental Protection, acting for the Commandant, may grant an 
exemption or partial exemption from compliance with any requirement in 
this part, and the District Commander may grant an exemption or partial 
exemption from compliance with any operating condition or requirement in 
subpart C of this part, if:
    (1) The vessel or facility operator submits an application for 
exemption via the COTP at least 30 days before operations under the 
exemption 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 or 
physically impractical;

[[Page 434]]

    (ii) No alternative procedures, methods, or equipment standards 
exist that would provide an equivalent level of safety and protection 
from pollution by oil or hazardous material; and
    (iii) The likelihood of oil or hazardous material being discharged 
as a result of the exemption is minimal.
    (b) If requested, the applicant must submit any appropriate 
information, including an environmental and economic assessment of the 
effects of and reasons for the exemption and proposed procedures, 
methods or equipment standards.
    (c) The exemption may specify the procedures, methods, or equipment 
standards that will apply.
    (d) An exemption is granted or denied in writing. The decision of 
the Assistant Commandant for Marine Safety, Security and Environmental 
Protection is a final agency action.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 88-052, 53 FR 
25122, July 1, 1988; CGD 86-034, 55 FR 36255, Sept. 4, 1990; CGD 93-081, 
60 FR 45017, Aug. 29, 1995; CGD 96-026, 61 FR 33666, June 28, 1996; CGD 
93-056, 61 FR 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 part 
with the approval of the Director of the Federal Register under 5 U.S.C. 
552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in paragraph (b) of this section, the Coast Guard must publish 
notice of the change in the Federal Register; and the material must be 
available to the public. All approved material is available for 
inspection at the U.S. Coast Guard, Office of Compliance (CG-543), 2100 
2nd St. SW., Stop 7581, Washington, DC 20593-7581 and at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html. All approved material is available from 
the sources indicated in paragraph (b) of this section.
    (b) The material approved for incorporation by reference in this 
part 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 by CGD 96-026, 61 FR 
33666, June 28, 1996; 69 FR 18803, Apr. 9, 2004; USCG-2008-0179, 73 FR 
35015, June 19, 2008; USCG-2010-0351, 75 FR 36285, June 25, 2010]



Sec. 156.112  Suspension order.

    The COTP or OCMI may issue a suspension order to suspend transfer 
operations to the vessel or facility operator when the COTP or OCMI 
finds there is a condition requiring action to prevent the discharge or 
threat of discharge of oil or hazardous material, or when the COTP or 
OCMI is unable to verify compliance with the regulations through an 
inspection. A suspension order:
    (a) May be effective immediately;
    (b) Is issued in writing unless it is effective immediately and then 
it may be issued orally and followed up in writing;
    (c) Includes a statement of each condition requiring correction to--
    (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, as 
applicable, determines that the condition requiring action to prevent 
the discharge or threat of discharge of oil or hazardous material has 
been corrected or no longer exists.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36255, Sept. 4, 1990]

[[Page 435]]



Sec. 156.113  Compliance with suspension order.

    (a) No vessel or facility operator to whom a suspension order has 
been issued may conduct transfer operations from the time the order is 
effective until that order is withdrawn by the applicable COTP, OCMI, or 
by the District Commander.
    (b) The vessel or facility operator may request reconsideration of 
the suspension order either orally or in writing to the COTP or OCMI who 
issued it. The request may contain supporting documentation and evidence 
that the vessel or facility operator wishes to have considered.
    (c) Any person not satisfied with a ruling made under the procedure 
contained in paragraph (b) of this section may appeal that ruling in 
writing, except as allowed under paragraph (e) of this section, to the 
Coast Guard District Commander of the district in which the suspension 
order was issued. The appeal may contain supporting documentation and 
evidence that the appellant wishes to have considered. The appeal does 
not stay the effect of the suspension order while the COTP or OCMI 
ruling is being reviewed. The District Commander 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 the 
appellant, the appeal may initially be presented orally. If an initial 
presentation of the appeal is made orally, the appellant must submit the 
appeal in writing within five days of the oral presentation to the 
District Commander to whom the oral appeal was made, containing, at a 
minimum the basis for the appeal and a summary of the material presented 
orally.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 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 transfer 
operations on more than one vessel at a time during transfers between 
vessels or between two or more vessels and a facility unless authorized 
by the COTP.
    (b) No person may serve as the person in charge of both a vessel and 
a facility during transfer operations unless authorized by the COTP.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 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 of 
the time and place of each transfer operation at least 4 hours before it 
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 may require 
a vessel operator of a lightering or fueling vessel to notify the COTP 
of the time and place of each transfer operation, as specified by the 
COTP, at least 4 hours before it begins.
    (c) No person may conduct such transfer operations until advance 
notice has been given as specified by the COTP.

    Note: The notification may be accomplished by submitting a written 
schedule, periodically updated to be current.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 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 the 
transferring vessel or facility and the person in charge on the 
receiving facility or vessel first meet to begin completing the 
declaration of inspection, as required by Sec. 156.150 of this part. No 
person shall conduct an oil or hazardous material transfer operation 
unless:
    (a) The vessel's moorings are strong enough to hold during all 
expected conditions of surge, current, and weather and are long enough 
to allow adjustment for changes in draft, drift, and tide during the 
transfer operation;
    (b) Transfer hoses and loading arms are long enough to allow the 
vessel to

[[Page 436]]

move to the limits of its moorings without placing strain on the hose, 
loading arm, or transfer piping system;
    (c) Each hose is supported to prevent kinking or other damage to the 
hose and strain on its coupling.
    (d) Each part of the transfer system is aligned to allow the flow of 
oil or hazardous material;
    (e) Each part of the transfer system not necessary for the transfer 
operation is securely blanked or shut off;
    (f) The end of each hose and loading arm that is not connected for 
the transfer of oil or hazardous material is blanked off using the 
closure devices required by Sec. Sec. 154.520 and 155.805 of this 
chapter;
    (g) The transfer system is attached to a fixed connection on the 
vessel 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 is connected 
to the vessel's transfer or cargo tank system is sealed or lashed in the 
closed position; except when used to receive or discharge 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 the discharge 
of oil or hazardous material through the hose material and no gouges, 
cuts, or slashes that penetrate the first layer of hose reinforcement 
(``reinforcement'' means the strength members of the hose, consisting of 
fabric, cord and/or metal);
    (j) Each hose or loading arm in use meets Sec. 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 of this chapter 
are installed and operating properly;
    (m) The discharge containment equipment required by Sec. 154.545 of 
this chapter is readily accessible or deployed as applicable;
    (n) The discharge containment required by Sec. Sec. 154.530, 
155.310, and 155.320 of this chapter, as applicable, is in place and 
periodically drained to provide the required capacity;
    (o) Each drain and scupper is closed by the mechanical means 
required by Sec. 155.310;
    (p) All connections in the transfer system are leak free except that 
a component in the transfer system, such as the packing glands of a 
pump, may leak at a rate that does not exceed the capacity of the 
discharge containment provided during the transfer operation;
    (q) The communications required by Sec. Sec. 154.560 and 155.785 of 
this chapter are operable for the transfer operation;
    (r) The emergency means of shutdown required by Sec. Sec. 154.550 
and 155.780 of this chapter, as applicable, is in position and operable;
    (s) There is a person in charge on the transferring vessel or 
facility and the receiving vessel or facility except as otherwise 
authorized under Sec. 156.115;
    (t) Each person in charge required by paragraph (s) of this section:
    (1) Is at the site of the transfer operation and immediately 
available to the transfer personnel;
    (2) Has in his or her possession a copy of the facility operations 
manual or vessel transfer procedures, as appropriate; and
    (3) Conducts the transfer operation in accordance with the facility 
operations manual or vessel transfer procedures, as appropriate;
    (u) The personnel required, under the facility operations manual and 
the vessel transfer procedures, to conduct the transfer operation:
    (1) Are on duty; and
    (2) Conduct the transfer operation in accordance with the facility 
operations manual or vessel transfer procedures, as appropriate;
    (v) At least one person is at the site of the transfer operation who 
fluently speaks the language or languages spoken by both persons in 
charge;
    (w) The person in charge of the transfer on the transferring vessel 
or facility and the person in charge of it on the receiving vessel or 
facility have held a conference, to ensure that each person in charge 
understands--
    (1) The identity of the product to be transferred;
    (2) The sequence of transfer operations;
    (3) The transfer rate;

[[Page 437]]

    (4) The name or title and location of each person participating in 
the transfer operation;
    (5) Details of the transferring and receiving systems including 
procedures to ensure that the transfer pressure does not exceed the 
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 of 
oil 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 for 
communications during the transfer, agreed upon by both.
    (x) The person in charge of transfer operations on the transferring 
vessel or facility and the person in charge of transfer operations on 
the receiving vessel or facility agree to begin the transfer operation;
    (y) Between sunset and sunrise the lighting required by Sec. Sec. 
154.570 and 155.790 of this chapter is provided; and
    (z) For transfer operations between tank barges from sunset to 
sunrise, lighting is provided as described in Sec. 155.790 of this 
chapter.
    (aa) A transfer operation which includes collection of vapor emitted 
from a vessel's cargo tanks through a venting system not located on the 
vessel must have the following verified by the person in charge:
    (1) Each manual valve in the vapor collection system is correctly 
positioned to allow the collection of cargo vapor;
    (2) A vapor collection hose or arm is connected to the vessel's 
vapor connection;
    (3) The electrical insulating device required by Sec. 154.810(g) of 
this chapter or 46 CFR 39.40-3(c) is fitted between the facility vapor 
connection and the vessel vapor connection;
    (4) The initial loading rate and the maximum transfer rate are 
determined;
    (5) The maximum and minimum operating pressures at the facility 
vapor connection are determined;
    (6) The tank barge overfill control system, if installed, is 
connected to the facility, tested, and operating properly;
    (7) The following have been performed not more than 24 hours prior 
to the start of the transfer operation:
    (i) Each alarm and automatic shutdown system required by subpart E 
of part 154 of this chapter and 46 CFR part 39 has been tested and found 
to be operating properly, and
    (ii) Analyzers required by Sec. 154.820(a), Sec. 154.824 (d) and 
(e) of this chapter or 46 CFR 39.40-3(a) have been checked for 
calibration by use of a span gas;
    (8) Each vapor recovery hose has no unrepaired loose covers, kinks, 
bulges, soft spots, or any other defect which would permit the discharge 
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, is 
at or below 8 percent by volume.
    (bb) If the transfer operation involves loading oil, as defined in 
Sec. 151.05 of this chapter, into a cargo tank, the overfill device 
required by Sec. 155.480 of this chapter is installed and operating 
properly.
    (cc) Smoking is not permitted in the facilities marine transfer area 
except in designated smoking areas.
    (dd) Welding, hot work operations and smoking are prohibited on 
vessels during the transfer of flammable or combustible materials, 
except that smoking may be permitted in accommodation areas designated 
by the master.

(Approved by the Office of Management and Budget under control number 
1625-0039)

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 88-102, 55 FR 
25445, June 21, 1990; CGD 86-034, 55 FR 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; 73 FR 79316, Dec. 
29, 2008]

[[Page 438]]



Sec. 156.125  Discharge cleanup.

    (a) Each person conducting the transfer operation shall stop the 
transfer operation whenever oil or hazardous material from any source is 
discharged:
    (1) In the transfer operation work area; or
    (2) Into the water or upon the adjoining shoreline in the transfer 
area.
    (b) Except as permitted under paragraph (c) of this section, no 
person may resume the transfer operation after it has been stopped under 
paragraph (a) of this section, unless:
    (1) Oil or hazardous material discharged in the transfer operation 
work area is cleaned up; and
    (2) Oil or hazardous material discharged into the water or upon the 
adjoining shoreline is cleaned up, or is contained and being cleaned up.
    (c) The COTP may authorize resuming the transfer operation if it is 
deemed appropriate.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36255, Sept. 4, 1990]



Sec. 156.130  Connection.

    (a) Each person who makes a connection for transfer operations 
shall:
    (1) Use suitable material in joints and couplings to ensure a leak-
free seal;
    (2) Use a bolt in at least every other hole, and in no case less 
than four bolts, in each temporary bolted connection that uses a flange 
that meets American National Standards Institute (ANSI) standard flange 
requirements under Sec. 154.500(d)(2) of this chapter;
    (3) Use a bolt in each hole in each temporary bolted connection that 
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 and 
sufficiently to ensure a leak free seal.
    (b) A person who makes a connection for transfer operations must not 
use any bolt that shows signs of strain or is elongated or deteriorated.
    (c) Except as provided in paragraph (d) of this section, no person 
may 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 vessel 
that has a fill pipe for which containment cannot practically be 
provided unless an automatic back pressure shutoff nozzle is used.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 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 a 
vessel unless each person in charge, designated under Sec. Sec. 154.710 
and 155.700 of this chapter, has filled out and signed the declaration 
of inspection form described in paragraph (c) of this section.
    (b) No person in charge may sign the declaration of inspection 
unless he or she has determined by inspection, and indicated by 
initialling in the appropriate space on the declaration of inspection 
form, that the facility or vessel, as appropriate, meets Sec. 156.120.
    (c) The declaration of inspection may be in any form but must 
contain at least:
    (1) The name or other identification of the transferring vessel or 
facility and the receiving vessel or facility;
    (2) The address of the facility or location of the transfer 
operation 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 with spaces on the 
form following each requirement for the person in charge of the vessel 
or facility to indicate by initialling that the requirement is met for 
the transfer operation; and
    (5) A space for the date, time of signing, signature, and title of 
each person in charge during transfer operations on the transferring 
vessel or facility and a space for the date, time of signing, signature, 
and title of each person in charge during transfer operations on the 
receiving facility or vessel certifying that all tests and inspections 
have been completed and that they are

[[Page 439]]

both ready to begin transferring product; and
    (6) The date and time the transfer operation is completed.
    (d) The form for the declaration of inspection may incorporate the 
declaration-of-inspection requirements under 46 CFR 35.35-30.
    (e) The vessel and facility persons in charge shall each have a 
signed copy of the declaration of inspection available for inspection by 
the COTP during the transfer operation.
    (f) The operators of each vessel and facility engaged in the 
transfer operation shall retain a signed copy of the declaration of 
inspection on board the vessel or at the facility for at least 1 month 
from the date of signature.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 
36256, Sept. 4, 1990; CGD 93-056, 61 FR 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, or 
engage in any other critical procedures during the transfer operation 
unless 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 to or 
from a vessel unless instructed to do so by either person in charge.
    (c) No person may transfer oil or hazardous material to or from a 
vessel unless each person in charge is in the immediate vicinity and 
immediately available to the transfer personnel.

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 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 person 
may use any equipment listed in paragraph (c) of this section for 
transfer operations unless the vessel or facility operator, as 
appropriate, tests and inspects the equipment in accordance with 
paragraphs (b), (c) and (f) of this section and the equipment is in the 
condition specified in paragraph (c) of this section.
    (b) During any test or inspection required by this section, the 
entire 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 or 
any other defect which would permit the discharge of oil or hazardous 
material through the hose material, and no gouges, cuts or slashes that 
penetrate the first layer of hose reinforcement as defined in Sec. 
156.120(i).
    (ii) Have no external deterioration and, to the extent internal 
inspection is possible with both ends of the hose open, no internal 
deterioration;
    (iii) Not burst, bulge, leak, or abnormally distort under static 
liquid pressure at least 1\1/2\ times the maximum allowable working 
pressure; and
    (iv) Hoses not meeting the requirements of paragraph (c)(1)(i) of 
this section may be acceptable after a static liquid pressure test is 
successfully completed in the presence of the COTP. The test medium is 
not required to be water.
    (2) Each transfer system relief valve must open at or below the 
pressure at which it is set to open;
    (3) Each pressure gauge must show pressure within 10 percent of the 
actual pressure;
    (4) Each loading arm and each transfer pipe system, including each 
metallic hose, must not leak under static liquid pressure at least 1\1/
2\ times the maximum allowable working pressure; and
    (5) Each item of remote operating or indicating equipment, such as a 
remotely operated valve, tank level alarm, or emergency shutdown device, 
must perform its intended function.
    (d) No person may use any hose in underwater service for transfer 
operations unless the operator of the vessel or facility has tested and 
inspected it in accordance with paragraph (c)(1) or (c)(4) of this 
section, as applicable.
    (e) The test fluid used for the testing required by this section is 
limited to liquids that are compatible with the hose tube as recommended 
by the hose manufacturer.
    (f) The frequency of the tests and inspections required by this 
section must be:

[[Page 440]]

    (1) For facilities, annually or not less than 30 days prior to the 
first transfer conducted past one year from the date of the last tests 
and inspections;
    (2) For a facility in caretaker status, not less than 30 days prior 
to the first transfer after the facility is removed from caretaker 
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 vessel 
cargo tank with a vapor control system, the system must not be used 
unless the following tests and inspections are satisfactorily completed:
    (1) Each vapor hose, vapor collection arm, pressure or vacuum relief 
valve, and pressure sensor is tested and inspected in accordance with 
paragraphs (b), (c), and (f) of this section;
    (2) Each remote operating or indicating device is tested for proper 
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 this chapter or 46 CFR 39.40-3(d), 
and each flame arrester required by Sec. 154.826(a), Sec. 154.828 (a) 
and (c) of this chapter has been inspected internally within the last 
year, or sooner if operational experience has shown that frequent 
clogging or rapid deterioration is likely; and
    (4) Each hydrocarbon and oxygen analyzer required by Sec. 
154.820(a) and Sec. 154.824 (d) and (e) of this 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 control 
system is operated less frequently than once a week.
    (h) Upon the request of the owner or operator, the COTP may approve 
alternative methods of compliance to the testing requirements of 
paragraph (c) of this section if the COTP determines that the 
alternative methods provide an equal level of protection.

(Approved by the Office of Management and Budget under control number 
1625-0095)

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 88-102, 55 FR 
25445, June 21, 1990; CGD 86-034, 55 FR 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 and Hazardous 

                            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 each service 
vessel engaged in a lightering operation in the marine environment 
beyond the baseline from which the territorial sea is measured when the 
oil or hazardous material lightered is destined for a port or place 
subject to the jurisdiction of the U.S. This subpart does not apply to 
lightering operations involving public vessels, or to the dedicated 
response vessels and vessels of opportunity in accordance with the 
National Contingency Plan (40 CFR parts 9 and 300) when conducting 
response activities. These rules are in addition to the rules of subpart 
A of this part, as well as the rules in the applicable sections of parts 
151, 153, 155, 156, and 157 of this chapter.

[CGD 93-081, 60 FR 45017, Aug. 29, 1995]



Sec. 156.205  Definitions.

    (a) In addition to the terms defined in this section, the 
definitions in Sec. 154.105 of this chapter apply to this subpart and 
to subpart C.
    (b) As used in this subpart and subpart C:
    Lightering or Lightering operation means the transfer of a cargo of 
oil or a hazardous material in bulk from one vessel to another, 
including all phases of the operation from the beginning of the mooring 
operation to the departure of the service vessel from the vessel to be 
lightered, except when that cargo is intended only for use as fuel or 
lubricant aboard the receiving vessel.
    Marine environment means--
    (1) The navigable waters of the United States;
    (2) The waters of an area over which the United States asserts 
exclusive fishery management authority; and
    (3) The waters superadjacent to the Outer Continental Shelf of the 
United States.
    Service vessel means the vessel which receives a cargo of oil or a 
hazardous

[[Page 441]]

material from another vessel in a lightering operation.
    Vessel to be lightered means the vessel which transports a cargo of 
oil or a hazardous material to a place within the marine environment for 
transfer of that cargo to another vessel for further transport to a port 
or place subject to the jurisdiction of the United States. The term 
``vessel to be lightered'' does not include drilling rigs, or offshore 
supply vessels transferring cargo intended for use as fuel or lubricant 
aboard the receiving vessel.
    Work includes any administrative duties associated with the vessel 
whether performed on board the vessel or onshore.

[CGD 78-180, 49 FR 11172, Mar. 26, 1984, as amended by CGD 86-034, 55 FR 
36256, Sept. 4, 1990; CGD 90-052, 58 FR 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 or 
place subject to the jurisdiction of the United States, if the cargo has 
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, on 
board, at the time of transfer, a valid Certificate of Inspection, 
Certificate of Compliance, or a Tank Vessel Examination Letter, as would 
have been required under 46 U.S.C. 3710 or 3711, had the transfer taken 
place in a port or place subject to the jurisdiction of the United 
States;
    (3) The delivering and receiving vessels have on board at the time 
of transfer, evidence that each vessel is operating in compliance with 
section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 
1321(j)) and applicable regulations issued under the authority of 
section 311(j) in the form of a Declaration of Inspection as required by 
Sec. 156.150 and a vessel response plan if required under part 155 of 
this chapter; and

    Note: Under 46 U.S.C. 3715, the delivering and receiving vessels 
must have on board at the time of transfer, a Certificate of Financial 
Responsibility that would be required if the transfer had taken place in 
a location subject to the jurisdiction of the U.S. Regulations 
concerning Certificates of Financial Responsibility for vessels using 
the navigable waters of the U.S. are in part 130 of this chapter.

    (4) The vessel to be lightered has on board, at the time of 
transfer, an International Oil Pollution Prevention (IOPP) Certificate 
or equivalent documentation of compliance with Annex I of the 
International Convention for the Prevention of Pollution from Ships, 
1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/
78), as would be required by part 151 of this chapter for vessels in 
navigable waters of the United States. The IOPP Certificate or 
documentation of compliance shall be that prescribed by Sec. Sec. 
151.19 and 151.21 of this chapter, and shall be effective under the same 
timetable as specified in Sec. 151.19.
    (b) Lightering operations involving hazardous materials, other than 
oil, may be conducted only with the specific approval of the Commandant. 
A request to lighter hazardous materials, other than oil, must be 
submitted to Commandant (CG-5) prior to the planned beginning of 
lightering operations. The request must include the information 
described in Sec. 156.215(a) to the extent known, for the initial 
transfer, and the estimated frequency of subsequent lightering 
operations. After the entry into force of Annex II to MARPOL 73/78, 
vessels lightering hazardous materials shall carry an International 
Pollution Prevention Certificate for the Carriage of Noxious Liquid 
Substances in Bulk (1973), if required by Annex II to MARPOL 73/78, or 
equivalent documentation of compliance with the annex.
    (c) In an emergency, the COTP, upon request, may authorize a 
deviation from any rule in this part if the COTP determines that its 
application will endanger persons, property, or the environment.
    (d) On vessels conducting lightering operations in a designated 
lightering zone, an officer or seaman may not work, 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, including the 24-hour and

[[Page 442]]

72-hour periods prior to commencing lightering operations.

[CGD 78-180, 49 FR 11172, Mar. 29, 1984, as amended by CGD 88-052, 53 FR 
25122, July 1, 1988; CGD 90-052, 58 FR 48436, Sept. 15, 1993; CGD 93-
081, 60 FR 45017, Aug. 29, 1995; USCG-2002-12471, 67 FR 41333, June 18, 
2002; USCG-2006-24371, 74 FR 11212, Mar. 16, 2009; USCG-2010-0351, 75 FR 
36285, June 25, 2010]



Sec. 156.215  Pre-arrival notices.

    (a) The master, owner or agent of each vessel to be lightered must 
give at least 24 hours advance notice to the Captain of the Port nearest 
the lightering location or zone, prior to arrival in the lightering 
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 hazardous material) 
and approximate amount on board;
    (3) The number of transfers expected and the amount of cargo 
expected 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 or 
zone;
    (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 lightering 
location or zone changes by more than six hours, the Master, owner or 
agent of each vessel to be lightered must advise the Captain of the Port 
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 notice must 
be given to the Captain of the Port.
    (d) In addition to the other requirements in this section, the 
master, owner, or agent of a vessel that requires a Tank Vessel 
Examination (TVE) or other special Coast Guard inspection in order to 
lighter in a designated lightering zone must request the TVE or other 
inspection from the cognizant Captain of the Port at least 72 hours 
prior to commencement of lightering operations.

[CGD 78-180, 49 FR 11172, Mar. 26, 1984, as amended by CGD 90-052, 58 FR 
48437, Sept. 15, 1993; CGD 93-081, 60 FR 45017, Aug. 29, 1995]



Sec. 156.220  Reporting of incidents.

    (a) An immediate report must be made to the nearest Captain of the 
Port, by the service vessel, if fire, explosion, collision, grounding or 
any similar emergency, which poses a threat to the vessels involved, 
occurs during lightering.
    (b) Any discharge of oil or hazardous material into the water shall 
be reported, by the service vessel, in accordance with the procedures 
specified in Sec. 151.15 of this chapter.



Sec. 156.225  Designation of lightering zones.

    The District Commander is delegated the authority to designate 
lightering zones and their operating requirements, where they are 
necessary for safety or environmental protection. When a lightering zone 
has been designated, lightering operations in a given geographic area 
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 lightering 
zone:
    (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 Wild and 
Scenic Rivers System, National Wilderness Preservation System, 
properties included on the National Register of Historic Places and 
National Registry of Natural Landmarks, and National Wildlife Refuge 
System.

[[Page 443]]

    (c) The traditional use of areas for lightering operations;
    (d) The normal weather and sea conditions in the areas, and their 
effect on lightering operations, and the fate of possible cargo 
discharges;
    (e) The depth of water and underwater obstructions that may 
adversely impact anchorages and clearance of vessels;
    (f) Other relevant safety, environmental, or economic data.



Subpart C_Lightering Zones and Operational Requirements for the 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 of Mexico 
and are more than 60 miles from the baseline from which the territorial 
sea is measured:
    (a) Southtex--lightering zone. This lightering zone and the 
geographic area for this zone are coterminous and consist of the waters 
bounded by a line connecting the following points beginning at:

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
                                      to the point of beginning.
 


(NAD 83)
    (b) Gulfmex No. 2--lightering zone. This lightering zone and the 
geographic area for this zone are coterminous and consist of the waters 
bounded by a line connecting the following points beginning 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
                                      to the point of beginning.
 


(NAD 83)
    (c) Offshore Pascagoula No. 2--lightering zone. This lightering zone 
and the geographic area for this zone are coterminous and consist of the 
waters bounded by a line connecting the following points 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
                                      to the point of beginning.
 


(NAD 83)
    (d) South Sabine Point--lightering zone. This lightering zone and 
the geographic area for this zone are coterminous and consist of the 
waters bounded by a line connecting the following points 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
                                      to the point of beginning.
 


(NAD 83)



Sec. 156.310  Prohibited areas.

    Lightering operations are prohibited within the following areas in 
the Gulf of Mexico:
    (a) Claypile--prohibited area. This prohibited area consists of the 
waters bounded by a line connecting the following points 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
                                      to the point of beginning.
 


(NAD 83)
    (b) Flower Garden--prohibited area. This prohibited area consists of 
the waters bounded by a line connecting the following points 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
                                      to the point of beginning.
 


(NAD 83)

[[Page 444]]

    (c) Ewing--prohibited area. This prohibited area consists of the 
waters bounded by a line connecting the following points 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
                                      to the point of beginning.
 


(NAD 83)



Sec. 156.320  Maximum operating conditions.

    Unless otherwise specified, the maximum operating conditions in this 
section apply to tank vessels operating within the lightering zones 
designated in this subpart.
    (a) A tank vessel shall not attempt to moor alongside another vessel 
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 shall 
be 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 otherwise 
authorized by the cognizant Captain of the Port (COTP) or District 
Commander, the master of a vessel lightering in a zone designated in 
this subpart shall ensure that all officers and appropriate members of 
the crew are familiar with the guidelines in paragraphs (b) and (c) of 
this section and that the requirements of paragraphs (d) through (l) of 
this section are complied with.
    (b) Lightering operations should be conducted in accordance with the 
Oil Companies International Marine Forum Ship to Ship Transfer Guide 
(Petroleum), Second Edition, 1988, to the maximum extent practicable.
    (c) Helicopter operations should be conducted in accordance with the 
International Chamber of Shipping Guide to Helicopter/Ship Operations, 
Third Edition, 1989, to the maximum extent practicable.
    (d) The vessel to be lightered shall make a voice warning prior to 
the commencement of lightering activities via channel 13 VHF and 2182 
Khz. 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 the operation; 
and
    (5) Request for wide berth.
    (e) In the event of a communications failure between the lightering 
vessels or the respective persons-in-charge of the transfer, or an 
equipment failure affecting the vessel's cargo handling capability or 
ship's maneuverability, the affected vessel shall suspend lightering 
activities and shall sound at least five short, rapid blasts on the 
vessel's whistle. Lightering activities shall remain suspended until 
corrective action has been completed.
    (f) No vessel involved in a lightering operation may open its cargo 
system until the servicing vessel is securely moored alongside the 
vessel to be lightered.
    (g) If any vessel not involved in the lightering operation or 
support activities approaches within 100 meters of vessels engaged in 
lightering, the vessel engaged in lightering shall warn the approaching 
vessel by sounding a loud hailer, ship's whistle, or any other 
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 vessel 
providing bunkers, may moor alongside a vessel engaged in lightering 
operations.
    (i) Lightering operations shall not be conducted within 1 nautical 
mile of offshore structures or mobile offshore drilling units.
    (j) No vessel engaged in lightering activities may anchor over 
charted pipelines, artificial reefs, or historical resources.
    (k) All vessels engaged in lightering activities shall be able to 
immediately maneuver at all times while inside a designated lightering 
zone. The main

[[Page 445]]

propulsion system must not be disabled at any time.
    (l) In preparing to moor alongside the vessel to be lightered, a 
service vessel shall not approach the vessel to be lightered closer than 
1000 meters unless the service vessel is positioned broad on the quarter 
of the vessel to be lightered. The service vessel must transition to a 
nearly parallel heading prior to closing to within 50 meters of the 
vessel to be lightered.



PART 157_RULES FOR THE PROTECTION OF THE MARINE ENVIRONMENT RELATING TO TANK 

VESSELS CARRYING OIL IN BULK--Table of Contents



                            Subpart A_General

Sec.
157.01 Applicability.
157.02 Incorporation by reference: Where can I get a copy of the 
          publications mentioned in this part?
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 washing systems for 
          certain new vessels.
157.10a Segregated ballast tanks, crude oil washing systems, and 
          dedicated clean ballast tanks for certain new and existing 
          vessels of 40,000 DWT or more.
157.10b Segregated ballast tanks, dedicated clean ballast tanks, and 
          special ballast arrangements for tank vessels transporting 
          Outer Continental Shelf oil.
157.10c Segregated ballast tanks, crude oil washing systems, and 
          dedicated clean ballast tanks for certain new and existing 
          tankships of 20,000 to 40,000 DWT.
157.10d Double hulls on tank vessels.
157.11 Pumping, piping and discharge arrangements.
157.12 Oil discharge monitoring and control system.
157.12a Definitions.
157.12b Implementation requirements.
157.12c Construction, maintenance, security, calibration, and training.
157.12d Technical specifications.
157.12e Certificate of approval.
157.12f Workshop functional test requirements.
157.12g Plan approval requirements.
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, and specifications.
157.24a Submission of calculations, plans, and specifications for 
          existing vessels installing segregated ballast tanks.

                       Subpart C_Vessel Operation

157.25 Applicability of subpart C.
157.26 Operation of a tank vessel in violation of regulations.
157.27 Discharges: Tank vessels carrying oil exclusively on rivers, 
          lakes, bays, sounds, and the Great Lakes, and seagoing tank 
          vessels of less than 150 gross tons.
157.28 Discharges from tank barges exempted from certain design 
          requirements.
157.29 Discharges: Seagoing tank vessels of 150 gross tons or 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: Seagoing tank 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 Manual for U.S. tank 
          vessels: Submission.
157.110 Crude Oil Washing Operations and Equipment Manual for foreign 
          tank vessels: Submission.
157.112 Approved Crude Oil Washing Operations and Equipment Manual.
157.114 Crude Oil Washing Operations and Equipment Manual: Not approved.

[[Page 446]]

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 crude oil.
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. tank vessels.
157.147 Similar tank design: Inspections on foreign tank vessels.
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 for U.S. tank 
          vessels: Submission.
157.208 Dedicated Clean Ballast Tanks Operations Manual for foreign tank 
          vessels: Submission.
157.210 Approved Dedicated Clean Ballast Tanks Operations Manual.
157.212 Dedicated Clean Ballast Tanks Operations Manual: Not approved.
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 modification of 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 Without Double 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.

[[Page 447]]

157.455 Minimum under-keel clearance.
157.460 Additional operational requirements for tank barges.

Subpart H_Interim Measures for Certain Tank Vessels Without Double Hulls 
                  Carrying Animal Fat or Vegetable Oil

157.500 Purpose and applicability.
157.510 Operational measures.

Subpart I_Interim Measures for Certain Tank Vessels Without Double 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 Stability Assumptions
Appendix C to Part 157--Procedure for Determining Distribution of 
          Segregated Ballast Tanks To Provide Protection Against Oil 
          Outflow in the Event of Grounding, Ramming, or Collision
Appendix D to Part 157--Example of a Procedure for Dedicated Clean 
          Ballast Tanks Operations
Appendix E to Part 157--Specifications for the Design, Installation and 
          Operation of a Part Flow System for Control of Overboard 
          Discharges
Appendix F to Part 157 [Reserved]
Appendix G to Part 157--Timetables for Application of Double Hull 
          Requirements

    Authority: 33 U.S.C. 1903; 46 U.S.C. 3703, 3703a (note); Department 
of Homeland Security Delegation No. 0170.1. Subparts G, H, and I are 
also issued under section 4115(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 appear by 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 vessel 
that 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 navigable waters 
of the United States, or that operates, conducts ligtering under 46 
U.S.C. 3715, or receives cargo from or transfers cargo to a deepwater 
port under 33 U.S.C. 1501 et seq., in the United States 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 by CGD 91-045, 61 FR 
39788, July 30, 1996]



Sec. 157.02  Incorporation by reference: Where can I get a copy of the 

publications mentioned in this part?

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 U.S.C. 
552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of change 
in the Federal Register and the material must be available to the 
public. All approved material is available for inspection at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030 or go to 
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html. Also, it is available for inspection at 
the Coast Guard, Systems Engineering Division (CG-5213), Office of 
Design and Engineering Standards, U.S. Coast Guard, 2100 2nd St. SW., 
Stop 7126, Washington, DC 20593-7126, telephone 202-372-1379, and is 
available from the sources indicated in this section.
    (b) International Maritime Organization (IMO)--4 Albert Embankment, 
London SE1 7SR, United Kingdom.
    (1) IMCO Assembly Resolution A.393(X), adopted on 14 November 1977, 
Recommendation on International Performance and Test Specifications For 
Oily Water Separating Equipment and Oil Content Meters (``A.393(x)''), 
incorporation by reference approved for Sec. 157.12.
    (2) IMO Assembly Resolution A.496(XII), Adopted on 19 November 1981, 
Agenda Item 11, Guidelines and Specifications for Oil Discharge 
Monitoring and Control Systems for Oil Tankers (``A.496(XII)''), 
incorporation by reference approved for Sec. 157.12.

[[Page 448]]

    (3) IMO Assembly Resolution A.586(14), Adopted on 20 November 1985, 
Agenda item 12, Revised Guidelines and Specifications for Oil Discharge 
Monitoring and Control Systems for Oil Tankers (``A.586(14)''), 
incorporation by reference approved for Sec. 157.12.
    (4) IMO Marine Environment Protection Committee Resolution MEPC.13 
(19), adopted on 9 December 1983, Guidelines for Plan Approval and 
Installation Survey of Oil Discharge Monitoring and Control Systems for 
Oil Tankers and Environmental Testing of Control Sections Thereof 
(``MEPC.13(19)''), incorporation by reference approved for Sec. 157.12.
    (5) IMO Marine Environment Protection Committee Resolution 
MEPC.108(49), Adopted on 18 July 2003, Revised Guidelines and 
Specifications for Oil Discharge Monitoring and Control Systems for Oil 
Tankers (``MEPC.108(49)''), incorporation by reference approved for 
Sec. 157.12.
    (6) IMO Assembly Resolution A.601(15), Provision and Display of 
Manoeuvring Information on Board Ships, Annex sections 1.1, 2.3, 3.1, 
and 3.2 with appendices, adopted on 19 November 1987 (``A.601(15)''), 
incorporation by reference approved for Sec. 157.450.
    (7) IMO Assembly Resolution A.744(18), Guidelines on the Enhanced 
Programme of Inspections During Surveys of Bulk Carriers and Oil 
Tankers, 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 (``A.744(18)''), 
incorporation by reference approved for Sec. 157.430.
    (8) IMO Assembly Resolution A.751(18), Interim Standards for Ship 
Manoeuvrability, Annex sections 1.2, 2.3-2.4, 3-4.2, and 5, adopted 4 
November 1993 with Explanatory Notes in MSC/Circ. 644 dated 6 June 1994 
(``A.751(18)''), incorporation by reference approved for Sec. 157.445.
    (c) Oil Companies International Marine Forum (OCIMF) 27 Queen Anne's 
Gate, London, SW1H 9BU, England].
    (1) International Safety Guide for Oil Tankers and Terminals, Fourth 
Edition, Chapters 6, 7, and 10, 1996, incorporation by reference 
approved for Sec. 157.435.
    (2) [Reserved]

[USCG-2004-18939, 74 FR 3378, Jan. 16, 2009, as amended by USCG-2010-
0351, 75 FR 36286, June 25, 2010]



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 derived from 
animals and not specifically identified elsewhere in this part.
    Ballast voyage means the voyage that a tank vessel engages in after 
it leaves the port of final cargo discharge.
    Breadth or B means the maximum molded breadth of a vessel in meters.
    Cargo tank length means the length from the forward bulkhead of the 
forwardmost cargo tanks, to the after bulkhead of the aftermost cargo 
tanks.
    Center tank means any tank inboard of a longitudinal bulkhead.
    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 or on 
adjoining shore lines; or
    (ii) Cause a sludge or emulsion to be deposited beneath the surface 
of the water or upon adjoining shore lines; or
    (2) If verified by an approved oil discharge monitoring and control 
system, has an oil content that does not exceed 15 p.m.
    Combination carrier means a vessel designed to carry oil or solid 
cargoes in bulk.
    Crude oil means any liquid hydrocarbon mixture occurring naturally 
in the earth, whether or not treated to render it suitable for 
transportation, and includes crude oil from which certain distillate 
fractions may have been removed, and crude oil to which certain 
distillate fractions may have been added.
    Deadweight or DWT means the difference in metric tons between the 
lightweight displacement and the total displacement of a vessel measured 
in water of specific gravity 1.025 at the load waterline corresponding 
to the assigned summer freeboard.

[[Page 449]]

    Dedicated clean ballast tank means a cargo tank that is allocated 
solely for the carriage of clean ballast.
    Domestic trade means trade between ports or places within the United 
States, its territories and possessions, either directly or via a 
foreign port including trade on the navigable rivers, lakes, and inland 
waters.
    Double bottom means watertight protective spaces that do not carry 
any oil and which separate the bottom of tanks that hold any oil within 
the cargo tank length from the outer skin of the vessel.
    Double hull means watertight protective spaces that do not carry any 
oil and which separate the sides, bottom, forward end, and aft end of 
tanks that hold any oil within the cargo tank length from the outer skin 
of the vessel as prescribed in Sec. 157.10d.
    Doubles sides means watertight protective spaces that do not carry 
any oil and which separate the sides of tanks that hold any oil within 
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 vessel engaged 
in towing astern, alongside, or pushing ahead, used solely within a 
limited geographic area, such as a particular barge fleeting area 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 the 
territorial sea of the United States is established in accordance with 
international law.
    Fuel oil means any oil used as fuel for machinery in the vessel in 
which it is carried.
    Inland vessel means a vessel that is not oceangoing and that does 
not operate on the Great Lakes.
    Instantaneous rate of discharge of oil content means the rate of 
discharge of oil in liters per hour at any instant, divided by the speed 
of the vessel in knots at the same instant.
    Integrated tug barge means a tug and a tank barge with a mechanical 
system that allows the connection of the propulsion unit (the tug) to 
the stern of the cargo carrying unit (the tank barge) so that 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 more struts 
and the depth of each is more than \1/15\ of the total depth of the 
tank.
    Length or L means the distance in meters from the fore side of the 
stem to the axis of the rudder stock on a waterline at 85 percent of the 
least molded depth measured from the molded baseline, or 96 percent of 
the total length on that waterline, whichever is greater. In vessels 
designed with drag, the waterline is measured parallel to the designed 
waterline.
    Lightweight means the displacement of a vessel in metric tons 
without cargo, fuel oil, lubricating oil, ballast water, fresh water, 
and feedwater in tanks, consumable stores, and any persons and their 
effects.
    Major conversion means a conversion of an existing vessel that:
    (1) Substantially alters the dimensions or carrying capacity of the 
vessel, except a conversion that includes only the installation of 
segregated ballast tanks, dedicated clean ballast tanks, a crude oil 
washing 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 new 
vessel, as determined by the Commandant (CG-543).
    MARPOL 73/78 means the International Convention for the Prevention 
of Pollution from Ships, 1973, as modified by the Protocol of 1978 
relating to that Convention. A copy of MARPOL 73/78 is available from 
the International Maritime Organization, 4 Albert Embankment, London, 
SE1
    New vessel means:

[[Page 450]]

    (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 or is 
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 June 30, 
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 or is 
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 June 30, 
1976; or
    (C) Conversion is completed after December 31, 1979.
    Non-petroleum oil means oil of any kind that is not petroleum-based. 
It includes, but is not limited to, animal fat and vegetable oil.
    Oceangoing has the same meaning as defined in Sec. 151.05 of this 
chapter.
    Officer in charge of a navigational watch means any officer employed 
or engaged to be responsible for navigating or maneuvering the vessel 
and for maintaining a continuous vigilant watch during his or her 
periods of duty and following guidance set out by the master, 
international or national regulations, and company policies.
    Oil means oil of any kind or in any form including, but not limited 
to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes 
other than dredged spoil. This includes liquid hydrocarbons as well as 
animal and vegetable oils.
    Oil cargo residue means any residue of oil cargo whether in solid, 
semi-solid, emulsified, or liquid form from cargo tanks and cargo 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 ``oil cargo residue'' is also 
known as ``cargo oil residue.''
    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, and 
other similar occurrences from machinery spaces.
    Oil spill response vessel means a vessel that is exclusively 
dedicated to operations to prevent or mitigate environmental damage due 
to an actual or impending accidental oil spill. This includes a vessel 
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 adapted primarily 
to carry crude oil or products in bulk as cargo. This includes a tank 
barge, a tankship, and a combination carrier, as well as a vessel that 
is constructed or adapted primarily to carry noxious liquid substances 
in bulk as cargo and which also carries crude oil or products in bulk as 
cargo.
    Oily mixture means a mixture, in any form, with any oil content. 
``Oily mixture'' includes, but is not limited to--
    (1) Slops from bilges;
    (2) Slops from oil cargoes (such as cargo tank washings, oily waste, 
and oily refuse);
    (3) Oil residue; and
    (4) Oily ballast water from cargo or fuel oil tanks, including any 
oil cargo residue.
    Oily mixture means a mixture with any oil content.
    Other non-petroleum oil means an oil of any kind that is not 
petroleum oil, an animal fat, or a vegetable oil.
    Permeability of a space means the ratio of the volume within a space 
that is assumed to be occupied by water to the total volume of that 
space.
    Petroleum oil means petroleum in any form, including but not limited 
to,

[[Page 451]]

crude oil, fuel oil, sludge, oil residue, and refined products.
    Primary towing vessel means any vessel engaged in towing astern, 
alongside, or pushing ahead and includes the tug in an integrated tug 
barge. It does not include fleeting or assist towing vessels.
    Product means any liquid hydrocarbon mixture in any form, except 
crude oil, petrochemicals, and liquefied gases.
    Segregated ballast means the ballast water introduced into a tank 
that is completely separated from the cargo oil and fuel oil system and 
that is permanently allocated to the carriage of ballast.
    Slop tank means a tank specifically designated for the collection of 
cargo drainings, washings, and other oily mixtures.
    Tank means an enclosed space that is formed by the permanent 
structure of a vessel, and designed for the carriage of liquid in bulk.
    Tank barge means a tank vessel not equipped with a means of self-
propulsion.
    Tank vessel means a vessel that is constructed or adapted primarily 
to carry, or that carries, oil or hazardous material in bulk as 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 subject 
to the jurisdiction of the United States. This does not include an 
offshore supply vessel, or a fishing vessel or fish tender vessel of not 
more than 750 gross tons when engaged only in the fishing industry.
    Tankship means a tank vessel propelled by mechanical power or sail.
    Vegetable oil means a non-petroleum oil or fat not specifically 
identified elsewhere in this part that is derived from plant seeds, 
nuts, kernels, or fruits.
    Wing tank means a tank that is located adjacent to the side shell 
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; USCG-2004-18939, 74 FR 3378, Jan. 16, 2009]



Sec. 157.04  Authorization of classification societies.

    (a) The Coast Guard may authorize any classification society (CS) to 
perform certain plan reviews, certifications, and inspections required 
by this part on vessels classed by that CS, except that only U.S. 
classification societies may be authorized to perform those plan 
reviews, 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 must submit 
to the Commandant (CG-543), U.S. Coast Guard, 2100 2nd St. SW., Stop 
7581, Washington, DC 20593-7581, evidence from the governments concerned 
showing that they have authorized the CS to inspect and certify vessels 
on their behalf under the MARPOL 73/78.
    (c) The Coast Guard notifies the CS in writing whether or not it is 
accepted as an authorized CS. If authorization is refused, reasons for 
the refusal are included.
    (d) Acceptance as an authorized CS terminates unless the following 
are met:
    (1) The authorized CS must have each Coast Guard regulation that is 
applicable to foreign vessels on the navigable waters of the United 
States.
    (2) Each issue concerning equivalents to the regulations in this 
part must be referred to the Coast Guard for determination.
    (3) Copies of any plans, calculations, records of inspections, or 
other documents relating to any plan review, inspection, or 
certification performed to meet this part must be made available to the 
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 the name or 
seal of the authorized CS.
    (5) A copy of the final documentation that is issued to each vessel 
that is certified under this part must be referred to the Commandant 
(CG-543), U.S.

[[Page 452]]

Coast Guard, 2100 2nd St. SW., Stop 7581, Washington, DC 20593-7581.

(Reporting and Recordkeeping requirements approved by the Office of 
Management and Budget under control number 1625-0036)

[CGD 82-28, 50 FR 11625, and 11630, Mar. 22, 1985, as amended by CGD 88-
052, 53 FR 25122, July 1, 1988; CGD 96-026, 61 FR 33668, June 28, 1996; 
USCG-2000-7641, 66 FR 55573, Nov. 2, 2001; USCG-2006-25150, 71 FR 39210, 
July 12, 2006; USCG-2010-0351, 75 FR 36286, June 25, 2010]



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 International 
System of Units; and
    (c) Forward and after perpendiculars are located at the forward end 
and at the after end of the length. The forward perpendicular coincides 
with the foreside of the stem on the waterline on which the length of 
the vessel is measured.



Sec. 157.06  Appeals.

    (a) Any person directly affected by an action taken under this part 
may request reconsideration by the Coast Guard official who is 
responsible for that action.
    (b) Any person not satisfied with a ruling made under the procedure 
contained in paragraph (a) of this section may appeal that ruling in 
writing, except as allowed under paragraph (e) of this section, to the 
Coast Guard District Commander of the district in which the action was 
taken. The appeal may contain supporting documentation and evidence that 
the appellant wishes to have considered. If requested, the District 
Commander may stay the effect of the action being appealed while the 
ruling is being reviewed. The District Commander issues a ruling after 
reviewing the appeal submitted under this paragraph.
    (c) Any person not satisfied with a ruling made under the procedure 
contained in paragraph (b) of this section may appeal that ruling in 
writing, except as allowed under paragraph (e) of this section, to the 
Assistant Commandant for Marine Safety, Security, and Stewardship (CG-
5), U.S. Coast Guard, 2100 2nd St. SW., Stop 7355, Washington, DC 20593-
7355. The appeal may contain supporting documentation and evidence 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 the ruling is being 
reviewed. The Chief, Marine Safety, Security and Environmental 
Protection issues a ruling after reviewing the appeal submitted under 
this paragraph.
    (d) Any decision made by the Assistant Commandant for Marine Safety, 
Security, and Stewardship (CG-5) under the procedure contained in 
paragraph (c) of this section is final agency action.
    (e) If the delay in presenting a written appeal would have a 
significant adverse impact on the appellant, the appeal under paragraph 
(b) or (c) of this section may initially be presented orally. If an 
initial presentation of the appeal is made orally, the appellant must 
submit the appeal in writing within five days of the oral presentation 
to the Coast Guard official to whom the oral presentation was made. The 
written appeal must contain, at a minimum the basis for the appeal and a 
summary of the material presented orally.

[CGD 77-058b, 45 FR 43706, June 30, 1980, as amended by CGD 88-052, 53 
FR 25122, July 1, 1988; CGD 96-026, 61 FR 33667, 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; USCG-2010-
0351, 75 FR 36286, June 25, 2010]



Sec. 157.07  Equivalents.

    The Coast Guard may accept an equivalent, in accordance with the 
procedure in 46 CFR 30.15-1, of a design or an equipment to fulfill a 
requirement in this part, except an operational method may not be 
substituted for a design or equipment requirement that is also required 
under the MARPOL 73/78.

[CGD 82-28, 50 FR 11625, Mar. 22, 1985, as amended by CGD 97-023, 62 FR 
33364, June 19, 1997; USCG-2000-7641, 66 FR 55573, Nov. 2, 2001]

[[Page 453]]



              Subpart B_Design, Equipment, and Installation



Sec. 157.08  Applicability of subpart B.

    Note: An ``oil tanker'' as defined in Sec. 157.03 includes barges 
as well as self-propelled vessels.

    (a) Sections 157.10d and 157.11(g) apply to each vessel to which 
this 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 applies that 
carries 200 cubic meters or more of crude oil or products in bulk as 
cargo, as well as to each oceangoing oil tanker to which this part 
applies of 150 gross tons or more. These sections do not apply to a 
foreign vessel which remains beyond the navigable waters of the United 
States and does not transfer oil cargo at a port or place subject to the 
jurisdiction of the United States.
    (c) Section 157.21 applies to each oil tanker to which this part 
applies of 150 gross tons or more that is oceangoing or that operates on 
the Great Lakes. This section does not apply to a foreign vessel which 
remains beyond the navigable waters of the United States and does not 
transfer oil cargo at a port or place subject to the jurisdiction of the 
United States.
    (d) Sections in subpart B of 33 CFR part 157 that are not specified 
in paragraphs (a) through (c) of this section apply to each oceangoing 
oil tanker to which this part applies of 150 gross tons or more, unless 
otherwise indicated in paragraphs (e) through (m) of this section. These 
sections do not apply to a foreign vessel which remains beyond the 
navigable waters of the United States and does not transfer oil cargo at 
a port or place subject to the jurisdiction of the United States.
    (e) Sections 157.11 (a) through (f), 157.12, and 157.15 do not apply 
to a vessel, except an oil tanker, that carries less than 1,000 cubic 
meters of crude oil or products in bulk as cargo and which retains oily 
mixtures on board and discharges them to a reception facility.
    (f) Sections 157.11 (a) through (f), 157.12, 157.13, and 157.15 do 
not apply to a tank vessel that carries only asphalt, carbon black 
feedstock, or other products with similar physical properties, such as 
specific gravity and cohesive and adhesive characteristics, that inhibit 
effective product/water separation and monitoring.
    (g) Sections 157.11 (a) through (f), 157.12, 157.13, 157.15, and 
157.23 do not apply to a tank barge that cannot ballast cargo tanks or 
wash cargo tanks while underway.
    (h) Sections 157.19 and 157.21 do not apply to a tank barge that is 
certificated by the Coast Guard for limited short protected coastwise 
routes if the barge is otherwise constructed and certificated 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 a 
contract awarded before January 8, 1976;
    (2) U.S. vessel in foreign trade that is constructed under a 
contract awarded before April 1, 1977; or
    (3) Foreign vessel that is constructed under a contract awarded 
before 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 is 
at 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 after January 
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), and 
157.10b(b)(3) do not apply to tank barges.
    (l) Section 157.10b does not apply to tank barges if they do not 
carry ballast while they are engaged in trade involving the transfer of 
crude oil from an offshore oil exploitation or production facility on 
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

[[Page 454]]

    (2) Is engaged solely in voyages that are:
    (i) Between ports or places within the United States, its 
territories 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 waters 
of the United States and the United States Exclusive Economic Zone, as 
defined 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 port 
licensed under the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.); 
or
    (ii) A delivering vessel that is off-loading oil in bulk as cargo in 
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, as 
defined in 33 CFR 2.20.
    (4) A vessel documented under 46 U.S.C., Chapter 121, that was 
equipped with a double hull before August 12, 1992;
    (5) A barge of less than 1,500 gross tons as measured under 46 
U.S.C., Chapter 145, carrying refined petroleum in bulk as cargo in or 
adjacent to waters of the Bering Sea, Chukchi Sea, and Arctic Ocean and 
waters tributary thereto and in the waters of the Aleutian Islands and 
the Alaskan Peninsula west of 155 degrees west longitude; or
    (6) A vessel in the National Defense Reserve Fleet pursuant to 50 
App. U.S.C. 1744.

[CGD 75-240, 41 FR 54179, Dec. 13, 1976, as amended by CGD 77-058b, 45 
FR 43707, June 30, 1980; CGD 79-152, 45 FR 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]



Sec. 157.09  Segregated ballast.

    (a) A new vessel of 70,000 tons DWT or more must have segregated 
ballast tanks that have a total capacity to allow the vessel to meet the 
draft and trim requirements in paragraph (b) of this section without 
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, the vessel's drafts 
and trim must have the capability of meeting each of the following 
requirements:
    (1) The molded draft amidship (dm) in meters without taking into 
account vessel deformation must not be less than dm in the following 
mathematical relationship:

dm=2.0+0.02L
    (2) The drafts at the forward and after perpendiculars must 
correspond to those determined by the draft amidship as specified in 
paragraph (b)(1) of this section, in association with the trim by the 
stern of no more than 0.015L.
    (3) The minimum allowable draft at the after perpendicular is that 
which is necessary to obtain full immersion of the propeller.
    (c) The vessel may be designed to carry ballast water in cargo tanks 
during the condition described in Sec. 157.35.
    (d) Segregated ballast spaces, voids, and other noncargo-carrying 
spaces 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 in Sec. 157.19 and 
appendix B is 80 percent or less of the maximum allowable outflow 
(OA) as determined by Sec. 157.19(b)(1); and
    (2) To protect at least 45 percent of the sum of the side and bottom 
shell areas, based upon projected molded dimensions, within the cargo 
tank length. When the vessel design configuration does not provide for 
the spaces to be distributed to protect at least 45 percent of the side 
and bottom shell areas, the spaces must be distributed so that the 
mathematical average of the hypothetical collision (Oc) and 
the hypothetical stranding (Os) outflows, determined by 
application of the procedures in Sec. 157.19 and appendix B, is a 
further 2 percent less than the maximum allowable outflow 
(Oa) for each 1 percent by which the shell area protection 
coverage required is not achieved.

[[Page 455]]

    (e) A ballast space, void or other non-cargo-carrying space used to 
meet requirements in paragraph (d) of this section must separate the 
cargo tank boundaries from the shell plating of the vessel by at least 2 
meters.
    (f) A vessel of conventional form for application of this section 
has:
    (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-carrying 
spaces for a vessel not of conventional form must be distributed in a 
configuration acceptable to the Coast Guard.

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by CGD 74-32, 40 FR 
49328, Oct. 22, 1975; CGD 75-201, 41 FR 1482, Jan. 8, 1976]



Sec. 157.10  Segregated ballast tanks and crude oil washing systems for 

certain new 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 is 
at 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 after January 
1, 1980; or
    (iii) Conversion is completed after June 1, 1982.
    (b) Each tank vessel under this section of 20,000 DWT or more that 
carries crude oil and of 30,000 DWT or more that carries products must 
have segregated ballast tanks that have a total capacity to allow the 
vessel to meet the draft and trim requirements in paragraph (c) of this 
section without recourse to the use of cargo tanks for water ballast.
    (c) In any ballast condition during any part of a voyage, including 
that of lightweight with only segregated ballast, each tank vessel under 
paragraph (b) of this section must have the capability of meeting each 
of the following:
    (1) The molded draft amidship (dm) in meters, without taking into 
account vessel deformation, must not be less than dm in the following 
mathematical relationship:

dm = 2.0 + 0.02L
    (2) The drafts at the forward and after perpendiculars must 
correspond to those determined by the draft amidship under paragraph 
(c)(1) of this section, in association with a trim by the stern of no 
more than 0.015L.
    (3) The minimum draft at the after perpendicular is that which is 
necessary to obtain full immersion of the propeller.
    (d) Segregated ballast tanks required in paragraph (b) of this 
section, voids, and other spaces that do not carry cargo must be 
distributed:
    (1) For a vessel to which Sec. 157.10d applies, in accordance 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 that 
carries crude oil must have a crude oil washing system that meets the 
design, equipment, and installation requirements in subpart D of this 
part.
    (f) Each tank vessel under this section may be designed to carry 
ballast water in cargo tanks as allowed under Sec. 157.35.

[CGD 77-058b, 45 FR 43707, June 30, 1980, as amended by CGD 90-051, 57 
FR 36239, Aug. 12, 1992]



Sec. 157.10a  Segregated ballast tanks, crude oil washing systems, and 

dedicated clean ballast tanks for certain new and existing vessels of 40,000 

DWT or more.

    (a) An existing vessel of 40,000 DWT or more that carries crude oil 
and a new vessel of 40,000 DWT or more but less than 70,000 DWT that 
carries crude oil must have:
    (1) Segregated ballast tanks with a total capacity to meet the draft 
and trim requirements in paragraph (d) of this section; or

[[Page 456]]

    (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 products 
and a new vessel of 40,000 DWT or more but less than 70,000 DWT that 
carries products must have:
    (1) Segregated ballast tanks with a total capacity to meet the draft 
and trim requirements in paragraph (d) of this section; or
    (2) Dedicated clean ballast tanks that have a total capacity to meet 
the draft and trim requirements in paragraph (d) of this section and 
that meet the design and equipment requirements under subpart E of this 
part.
    (d) In any ballast condition during any part of a voyage, including 
that of lightweight with either segregated ballast in segregated ballast 
tanks or clean ballast in dedicated clean ballast tanks, each tank 
vessel under paragraph (a)(1), or (c) of this section must have the 
capability of meeting each of the following without recourse to the use 
of cargo tanks for water ballast:
    (1) The molded draft amidship (dm) in meters, without taking into 
account vessel deformation, must not be less than dm in the following 
mathematical relationship:

dm=2.0+0.02L
    (2) The drafts at the forward and after perpendiculars must 
correspond to those determined by the draft amidship under paragraph 
(d)(1) of this section, in association with a trim by the stern of no 
more than 0.015L.
    (3) The minimum draft at the after perpendicular is that which is 
necessary to obtain full immersion of the propeller.
    (e) Each tank vessel that meets paragraph (a)(1), or (c) of this 
section may be designed to carry ballast water in cargo tanks as allowed 
under Sec. 157.35.

    Note: Segregated ballast tanks located in wing tanks provide 
protection against oil outflow in the event of a collision, ramming, or 
grounding.

[CGD 77-058b, 45 FR 43707, June 30, 1980, as amended by CGD 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, and 

special ballast arrangements for tank vessels transporting Outer Continental 

Shelf oil.

    (a) Each tank vessel that is engaged in the transfer of crude oil 
from an offshore oil exploitation or production facility on the Outer 
Continental Shelf of the United States on or after June 1, 1980 must, if 
segregated ballast tanks or dedicated clean ballast tanks are not 
required under Sec. 157.09, Sec. 157.10 or Sec. 157.10a, have one of 
the following:
    (1) Segregated ballast tanks with a total capacity to meet the draft 
and trim requirements in paragraph (b) of this section.
    (2) Dedicated clean ballast tanks having a total capacity to meet 
the draft and trim requirements in paragraph (b) of this section and 
meeting the design and equipment requirements under subpart E of this 
part.
    (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 in segregated ballast 
tanks or clean ballast in dedicated clean ballast tanks, each vessel 
under paragraph (a)(1) or (a)(2) of this section must have the 
capability of meeting each of the following:
    (1) The molded draft amidship (dm), in meters, without taking into 
account 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 perpendiculars 
must correspond to those determined by the draft amidship under 
paragraph (b)(1) of this section, in association with a trim, in meters, 
by the stern (t) of no more than ``t'' in the following 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


[[Page 457]]


    (3) The minimum draft at the after perpendicular is that which is 
necessary to obtain full immersion of the propeller.
    (c) Special ballast arrangements are accepted under the procedures 
in 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 50 
miles 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 safe 
navigation of the vessel on the intended route.
    (d) The owner or operator of a vessel that meets paragraph (c) of 
this section must apply for acceptance of the special ballast 
arrangement, in writing, to the Officer in Charge, Marine Inspection, of 
the zone in which the vessel operates. The application must contain:
    (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 necessary 
to ensure safe navigation of the vessel.

    Note: Operating requirements or limitations necessary to ensure safe 
navigation of the vessel could include (but are not limited to) weather 
conditions under which the vessel would not operate and weather 
conditions under which cargo would be carried in certain cargo tanks on 
the ballast voyage.

    (e) The Coast Guard will inform each applicant for special ballast 
arrangements under paragraph (d) of this section whether or not the 
arrangements are accepted. If they are not accepted, the reasons why 
they are not accepted will be stated.
    (f) Each tank vessel under this section may be designed to carry 
ballast water in cargo tanks, as allowed under Sec. 157.35.

[CGD 79-152, 45 FR 82249, Dec. 15, 1980]



Sec. 157.10c  Segregated ballast tanks, crude oil washing systems, and 

dedicated clean ballast tanks for certain new and existing tankships of 20,000 

to 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 is 
at 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 was delivered 
to the original owner or 15 years after the completion of a major 
conversion, whichever is later, a vessel under this section that carries 
crude oil must have--
    (1) Segregated ballast tanks that have a total capacity to allow the 
vessel to meet the draft and trim requirements in Sec. 157.09(b); or
    (2) A crude oil washing system that meets the design, equipment, and 
installation requirements of Sec. Sec. 157.122 through 157.138.
    (c) On January 1, 1986, or 15 years after the date it was delivered 
to the original owner or 15 years after the completion of a major 
conversion, whichever is later, a vessel under this section that carries 
product must have--
    (1) Segregated ballast tanks that have total capacity to allow the 
vessel to meet the draft and trim requirements in Sec. 157.09(b); or
    (2) Dedicated clean ballast tanks that meet the design and equipment 
requirements under Sec. Sec. 157.220, 157.222, and 157.224 and have 
total capacity to allow the vessel to meet the draft and trim 
requirements in Sec. 157.09(b).
    (d) If the arrangement of tanks on a vessel under this section is 
such that, when using the tankage necessary to comply with the draft and 
trim requirements in Sec. 157.09(b), the draft

[[Page 458]]

amidships exceeds the minimum required draft by more the 10 percent, or 
the arrangement results in the propeller being fully immersed by more 
than 10 percent of its diameter, alternative arrangements may be 
accepted provided--
    (1) At least 80 percent of the propeller diameter is immersed; and
    (2) The moulded draft amidships is at least 80 percent of that 
required 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), this section 
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's double hull 
compliance date under OPA 90, use the vessel's hull configuration (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 and a 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 be protected by 
double sides and a double bottom as follows:
    (1) Double sides must extend for the full depth of the vessel's side 
or from the uppermost deck, disregarding a rounded gunwale where fitted, 
to the top of the double bottom. At any cross section, the molded width 
of the double side, measured at right angles to the side shell plating, 
from the side of tanks containing oil to the side shell plating, must 
not be less than the distance w as shown in Figure 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.), whichever is 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 section 
applies: w=0.76 meter (30 in.), provided that the double side was fitted 
under a construction or conversion contract awarded prior to June 30, 
1990.

[[Page 459]]

[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 bottom of 
tanks containing oil to the bottom shell plating, must not be less than 
the distance h as shown in Figure 157.10d(c) and specified as follows:

[[Page 460]]

    (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 less than 1.0 meter (39 
in.).
    (ii) For a vessel of less than 5,000 DWT: h=B/15, but in no case 
less than 0.76 meter (30 in.).
    (iii) For a vessel to which paragraph (a)(4) of this section 
applies: h=B/15; or, h=2.0 meters (79 in.), whichever is the lesser, but 
in no case less than 0.76 meter (30 in.), provided that the double 
bottom was fitted under a construction or conversion contract awarded 
prior to June 30, 1990.
    (3) For a vessel built under a contract awarded after September 11, 
1992, within the turn of the bilge or at cross sections where the turn 
of the bilge is not clearly defined, tanks containing oil must be 
located inboard of the outer shell--
    (i) For a vessel of 5,000 DWT and above: At levels up to 1.5h above 
the base line, not less than the distance h, as shown in Figure 
157.10d(c) and specified in paragraph (c)(2) of this section. At levels 
greater than 1.5h above the base line, not less than the distance w, as 
shown in Figure 157.10d(c) and specified in paragraph (c)(1) of this 
section.
    (ii) For a vessel of less than 5,000 DWT: Not less than the distance 
h above the line of the mid-ship flat bottom, as shown in Figure 
157.10d(c)(3)(ii) and specified in paragraph (c)(2) of this section. At 
levels greater than h above the line of the mid-ship flat bottom, not 
less than the distance w, as shown in Figure 157.10d(c)(3)(ii) and 
specified in paragraph (c)(1) of this section.

[[Page 461]]

[GRAPHIC] [TIFF OMITTED] TC18OC91.016

    (4) For a vessel to which Sec. 157.10(b) applies that is built 
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 capacity 
of segregated

[[Page 462]]

ballast tanks required under Sec. 157.10(b). Segregated ballast tanks 
that may be provided 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 the 
requirements of Sec. 157.10(b) must be located as uniformly as 
practicable along the cargo tank length. Large inboard extensions of 
individual double side and double bottom tanks, which result in a 
reduction of overall side or bottom protection, must be avoided.
    (d) A vessel of less than 10,000 DWT that is constructed and 
certificated for service exclusively on inland or limited short 
protected coastwise routes must be fitted with double sides and a double 
bottom as follows:
    (1) A minimum of 61 cm. (2 ft.) from the inboard side of the side 
shell plate, extending the full depth of the side or from the main deck 
to the top of the double bottom, measured at right angles to the side 
shell; and
    (2) A minimum of 61 cm. (2 ft.) from the top of the bottom shell 
plating, along the full breadth of the vessel's bottom, measured at 
right angles to the bottom shell.
    (3) For a vessel to which paragraph (a)(4) of this section applies, 
the width of the double sides and the depth of the double bottom may be 
38 cm. (15 in.), in lieu of the dimensions specified in paragraphs 
(d)(1) and (d)(2) of this section, provided that the double side and 
double bottom tanks were fitted under a construction or conversion 
contract awarded prior to June 30, 1990.
    (4) For a vessel built under a contract awarded after September 11, 
1992, a minimum 46 cm. (18 in.) clearance for passage between framing 
must be maintained throughout the double sides and double bottom.
    (e) Except as provided in paragraph (e)(3) of this section, a vessel 
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 plane 
perpendicular to the centerline through a point located:
    (i) The lesser of 10 meters (32.8 ft.) or 5 percent of the vessel 
length, but in no case less than 1 meter (39 in.), aft of the forward 
perpendicular;
    (ii) On a vessel of less than 10,000 DWT tons that is constructed 
and certificated for service exclusively on inland or limited short 
protected coastwise routes, the lesser of 7.62 meters (25 ft.) or 5 
percent 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 trail 
barge, 61 cm. (2 ft.) aft of the headlog.
    (3) This paragraph does not apply to independent fuel oil tanks that 
must be located on or above the main deck within the areas described in 
paragraphs (e)(1) and (e)(2) of this section to serve adjacent deck 
equipment that cannot be located further aft. Such tanks must be as 
small and as far aft as is practicable.
    (f) On each vessel, the cargo tank length must not extend aft to any 
point closer to the stern than the distance equal to the required width 
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 by USCG-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 for 
transferring oily mixtures from cargo tanks to slop tanks and for 
discharging oily mixtures to the sea and to reception facilities. On a 
vessel that has two or more independent piping arrangements, the 
arrangements collectively form the fixed piping system required by this 
paragraph.
    (b) Each fixed piping system required by paragraph (a) of this 
section must have:
    (1) At least two manifolds on the weather deck for transferring oily 
mixtures to reception facilities, one of which is on the port side of 
the vessel and one of which is on the starboard side; and
    (2) Except as provided in paragraph (c) of this section, at least 
one discharge point that:
    (i) Is used for discharges to the sea;

[[Page 463]]

    (ii) Is on a port or starboard weather deck or on the vessel's side 
above the waterline of its deepest ballast condition; and
    (iii) Has an automatic stop valve that is actuated by an oil content 
meter signal, except that manual valves may be provided on new vessels 
of less than 4,000 tons deadweight and on existing vessels.
    (c) An above waterline discharge point is not required on an 
existing vessel if its fixed piping system meets paragraphs 3 and 4 of 
appendix E of this part.
    (d) Each tank vessel under Sec. 157.09, Sec. 157.10a, or Sec. 
157.10b that carries crude oil must have:
    (1) Equipment that drains each cargo pump and oil piping line of oil 
residue;
    (2) Oil piping lines for the draining of oil residue from cargo 
pumps 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 section and 
is connected to the cargo discharge piping on the outboard side of the 
manifold valves for the draining of oil residue from cargo pumps and 
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 minimize oil 
retention in those lines;
    (2) Equipment that drains each cargo pump and oil piping line of oil 
residue;
    (3) Oil piping lines for the draining of oil residue from cargo 
pumps and other oil piping lines to a cargo tank or slop tank; and
    (4) An oil piping line that meets paragraph (f) of this section and 
is connected to the cargo discharge piping on the outboard side of the 
manifold valves for the draining of oil residue from cargo pumps and 
other oil piping lines to a receptacle on the shore.
    (f) Each oil piping line under paragraph (d)(3) or (e)(4) of this 
section must have a cross-sectional area of 10 percent or less of the 
cross-sectional area of the main cargo discharge piping line, except if 
the oil piping line under paragraph (d)(3) of this section is installed 
before January 1, 1980, that piping line may have a cross-sectional area 
of 25 percent or less of the cross-sectional area of the main cargo 
discharge piping line.
    (g) Each tank vessel to which Sec. 157.10d applies that is built 
under a contract awarded after September 11, 1992 must be arranged so 
that:
    (1) Except for short lengths of completely welded (or equivalent) 
piping,
    (i) Ballast piping and other piping to ballast tanks, such as 
sounding and vent piping, do not pass through cargo tanks, and
    (ii) Cargo piping and other piping to cargo tanks do not pass 
through ballast tanks;
    (2) Suction wells in cargo tanks that protrude into the double 
bottom are as small as practicable and extend no closer to the bottom 
shell plating than 0.5h, as specified in Sec. 157.10d(c)(2) or Sec. 
157.10d(d)(2), as applicable; and
    (3) On a vessel that is constructed and certificated for service 
exclusively on inland, Great Lakes, or limited short protected coastwise 
routes, any oil piping that is located within double hull spaces must be 
placed as far from the outer shell as is practicable and must be fitted 
with valves at the point of connection to the tank served, to prevent 
oil outflow in the event of damage to the piping. Such valves must be 
closed whenever the vessel is underway with any oil in tanks served by 
the associated piping, except as necessary during transfer operations.

    Note: Piping location requirements for an oceangoing vessel are in 
Sec. 157.19(d). Related operating requirements are in Sec. 157.45.

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by CGD 80-78, 45 FR 
43704, June 30, 1980; CGD 77-058b, 45 FR 43708, June 30, 1980; CGD 79-
152, 45 FR 82250, Dec. 15, 1980; CGD 76-088b, 48 FR 45720, Oct. 6, 1983; 
CGD 90-051, 57 FR 36244, Aug. 12, 1992; USCG-2000-7641, 66 FR 55573, 
Nov. 2, 2001; USCG-2004-18939, 74 FR 3378, Jan. 16, 2009]



Sec. 157.12  Oil discharge monitoring and control system.

    (a) Each vessel must have an oil discharge monitoring and control 
system (monitoring system) that is designed for use with each type of 
cargo oil that the vessel carries.
    (b) Each oil content meter component of the monitoring system 
installed on a U.S. vessel must be approved under 46 CFR part 162, 
subpart

[[Page 464]]

162.050. Each oil content meter component of the monitoring system 
installed on a foreign vessel must be approved:
    (1) Under 46 CFR part 162, subpart 162.050; or
    (2) As meeting IMO Marine Environment Protection Committee 
resolution MEPC.108(49) by a country that has ratified the MARPOL 73/78. 
Paragraph 1.2.2 of MEPC.108(49) provides, as to equipment installed in 
``oil tankers the keels of which are laid, or which are at a similar 
stage of construction, before January 1, 2005,'' for alternative 
compliance with IMO resolutions A.393(X), A.496(XII), MEPC.13(19), and 
A.586(14). These five resolutions are incorporated by reference (see 
Sec. 157.02).
    (c) Each oil discharge monitoring and control system on a U.S. 
vessel must be installed in accordance with Sec. Sec. 157.12b through 
157.12g of this part.

[USCG-2004-18939, 74 FR 3378, Jan. 16, 2009]



Sec. 157.12a  Definitions.

    As used in Sec. Sec. 157.12a through 157.12g--
    Control section means a unit in a monitoring system composed of the 
items specified in Sec. 157.12d(a)(4)(viii).
    Control unit means a device that receives automatic signals of oil 
content of the effluent ppm, flow rate of discharge m\3\/hour, ship's 
speed in knots, ship's position-latitude and longitude, date and time 
(GMT, Greenwich Mean Time), and status of the overboard discharge 
control. The control unit makes automatic recordings of data as 
specified in Sec. 157.12d(h)(2).
    Oil discharge monitoring and control system or monitoring system 
means a system that monitors the discharge into the sea of oily ballast 
or other oil-contaminated water from the cargo tank areas and comprises 
the items specified in Sec. 157.12d(a)(4).
    Overboard discharge control means a device that automatically 
initiates the sequence to stop the overboard discharge of the effluent 
in alarm conditions and prevents the discharge throughout the period the 
alarm condition prevails. The device may be arranged to close the 
overboard valves or to stop the relevant pumps, as appropriate.
    PPM means parts of oil per million parts of water by volume.
    Starting interlock means a facility that prevents the initiation of 
the opening of the discharge valve or the operation of other equivalent 
arrangements before the monitoring system is fully operational when use 
of the monitoring system is required by the Convention.

[USCG-2004-18939, 74 FR 3379, Jan. 16, 2009]



Sec. 157.12b  Implementation requirements.

    Oil discharge monitoring and control systems must be fitted to oil 
tankers to which this subpart applies. A monitoring and control system 
must employ a control unit and be fitted with a starting interlock and 
overboard discharge control.

[USCG-2004-18939, 74 FR 3379, Jan. 16, 2009]



Sec. 157.12c  Construction, maintenance, security, calibration, and training.

    (a) The oil discharge monitoring and control system must be designed 
to ensure that user access is restricted to essential controls. Access 
beyond these controls must be available for emergency maintenance and 
temporary repair but must require the breaking of security seals or 
activation of another device, which indicates an entry to the equipment.
    (b) The seals must be of a design that only the manufacturer or the 
manufacturer's agent can replace the seals or reset the system following 
inspection and permanent repairs to the equipment.
    (c) The accuracy of the monitoring system must be verified during 
International Oil Pollution Prevention certificate renewal surveys. The 
calibration certificate certifying date of last calibration check must 
be retained on board for inspection purposes.
    (d) The monitoring system may have several scales as appropriate for 
its intended use. The recording device fitted to a meter which has more 
than one scale must indicate the scale which is in use.
    (e) Simple means must be provided aboard ship to check on instrument 
drift, repeatability of the instrument reading, and the ability to re-
zero the instrument.

[[Page 465]]

    (f) Ship staff training must include familiarization in the 
operation and the maintenance of the equipment.
    (g) The routine maintenance of the monitoring system and 
troubleshooting procedures must be clearly defined in the Operating and 
Maintenance Manual. All routine maintenance and repairs must be 
recorded.

[USCG-2004-18939, 74 FR 3379, Jan. 16, 2009]



Sec. 157.12d  Technical specifications.

    (a) Oil discharge monitoring and control system. (1) The monitoring 
system must be capable of effectively monitoring and controlling the 
discharge of any effluent into the sea through those overboard discharge 
outlets permitted by Sec. 157.11 that are necessary to fulfill the 
operational requirements of the oil tanker.
    (2) The discharge of dirty ballast water or other oil-contaminated 
water from the cargo tank areas into the sea through outlets, which are 
not controlled by the monitoring system is prohibited.
    (3) The monitoring system must function effectively under all 
environmental conditions normally encountered by oil tankers, and must 
be designed and constructed to satisfy the specifications for approval 
in 46 CFR subpart 162.050. Moreover--
    (i) The system must be designed so a discharge of dirty-ballast or 
other oil-contaminated water from the cargo tank areas cannot take place 
unless the monitoring system is in the normal operating mode and the 
relevant sampling point has been selected;
    (ii) The system should sample the effluent discharge from a minimum 
number of discharge outlets and be arranged so that discharge overboard 
can take place via only one outlet at a time;
    (iii) Where it is intended that more than one line be used for 
simultaneous discharging purposes, one oil content meter, together with 
a flow meter, must be installed in each discharge line. These 
instruments must be connected to a common processor; and
    (iv) To avoid alarms because of short-term high-oil-concentration 
signals (spikes) causing indications of high instantaneous rates of 
discharge, the short-term high ppm signal may be suppressed for a 
maximum of 10 seconds. Alternatively, the instantaneous rate of 
discharge may be continuously averaged during the preceding 20 seconds 
or less as computed from instantaneous ppm values of the oil content 
meter readings received at intervals not exceeding 5 seconds.
    (4) The monitoring system must comprise--
    (i) An oil content meter to measure the oil content of the effluent 
in ppm. The meter must be approved in accordance with the provisions 
contained in 46 CFR subpart 162.050 and certified to take into account 
the range of cargoes carried;
    (ii) A flow rate indicating system to measure the rate of effluent 
being discharged into the sea;
    (iii) A ship speed indicating device to give the ship's speed in 
knots;
    (iv) A ship position indicating device to give the ship's position-
latitude and longitude;
    (v) A sampling system to convey a representative sample of the 
effluent to the oil content meter;
    (vi) An overboard discharge control to stop the overboard discharge;
    (vii) A starting interlock to prevent the discharge overboard of any 
effluent unless the monitoring system is fully operational; and
    (viii) A control section comprising--
    (A) A processor that accepts signals of oil content in the effluent, 
the effluent flow rate, and the ship's speed, and computes these values 
into liters of oil discharged per nautical mile and the total quantity 
of oil discharged;
    (B) A means to provide alarms and command signals to the overboard 
discharge control;
    (C) A recording device to provide a record of data required under 
Sec. 157.12d(h)(2);
    (D) A data display to exhibit the current operational data required 
under Sec. 157.12d(i);
    (E) A manual override system to be used in the event of failure of 
the monitoring system;
    (F) A means to provide signals to the starting interlock to prevent 
the discharge of any effluent before the monitoring system is fully 
operational; and

[[Page 466]]

    (G) The control section of the monitoring system must be tested in 
accordance with the vibration testing requirements described in 46 CFR 
162.050-37.
    (5) Each main component of the monitoring system must be fitted with 
a name plate, properly identifying the component by assembly drawing 
number, type or model number, and serial number, as appropriate.
    (6) The electrical components of the monitoring system that are to 
be installed in an explosive atmosphere must be in compliance with 46 
CFR 162.050-25.
    (7) Each main component of the monitoring system must be designed in 
accordance with the applicable requirements contained in subchapters F 
and J.
    (b) Sampling system. (1) Sampling points must be located so relevant 
samples can be obtained from those outlets used for operational 
discharges in accordance with paragraph (a) of this section. The 
sampling probes located in the overboard discharge lines and the piping 
system connecting the sampling probes to the oil content meter must meet 
the requirements of this paragraph.
    (2) The piping and probes must be--
    (i) Of a material resistant to fire, corrosion, and oil; and
    (ii) Of adequate strength and properly jointed and supported.
    (3) The system must have a stop-valve fitted adjacent to each probe, 
except that, where the probe is mounted in a cargo line, two stop-valves 
must be fitted, in series, in the sample line. One of these may be the 
remote controlled sample selector valve.
    (4) Sampling probes must be arranged for easy withdrawal and must, 
as far as practicable, be mounted at an accessible location in a 
vertical section of the discharge line. Should it be necessary to fit 
sampling probes in a horizontal section of the discharge line it must be 
ascertained, during the installation survey, that the pipe runs full of 
liquid at all times during the discharge of the effluent. Sampling 
probes must normally penetrate inside the discharge pipe to a distance 
of one quarter the diameter of that pipe.
    (5) Means must be provided for cleaning the probes and piping system 
by the provision of permanent clean water flushing arrangements or an 
equivalent method. The design of the probes and piping must be such as 
to minimize their clogging by oil, oily residue, and other matter.
    (6) The velocity of the fluid in the piping must be such that, 
taking into consideration the length of the piping, the overall response 
time must be as short as possible between an alteration in the mixture 
being pumped and the alteration in the oil content meter reading. In no 
case should the response time, including the response time of the oil 
content meter, be more than 40 seconds.
    (7) The location of sampling probes in relation to any point of flow 
diversion to a slop tank must be selected with regard to the need for 
sampling the oily water in the recirculation mode.
    (8) The arrangements for driving the sampling pump or any other 
pumps used in the system must account for the safety requirements of the 
space in which the pump is located. Any bulkhead penetration between a 
hazardous and a non-hazardous area must be of a design meeting the 
requirements of 46 CFR 32.60-20 and 46 CFR subpart 111.105.
    (9) The flushing arrangement must be such that where necessary it 
can be utilized for test-running and stabilizing the oil content meter 
and correcting for zero setting.
    (10) Sample water returning to the slop tank must not be allowed to 
free-fall into the tank. In tankers equipped with an inert gas system, a 
water seal meeting the requirements of 46 CFR 32.53-10(b) must be 
arranged in the piping leading to a slop tank.
    (11) A valve must be provided for the manual collection of samples 
from the inlet piping to the oil content meter at a point downstream of 
any sampling pump.
    (c) Flow rate indicating system. (1) A flow meter for measuring the 
rate of discharge must be installed in a vertical section of a discharge 
line or in any other section of a discharge line as appropriate, so as 
to be always filled with the liquid being discharged.

[[Page 467]]

    (2) A flow meter must employ an operating principle which is 
suitable for shipboard use and, where relevant, can be used in large 
diameter pipes.
    (3) A flow meter must be suitable for the full range of flow rates 
that may be encountered during normal operation. Alternatively, 
arrangements such as the use of two flow meters of different ranges or a 
restriction of the operational flow rate range may be employed if 
necessary to meet this requirement.
    (4) The flow meter, as installed, must have an accuracy of 10 percent, or better, of the instantaneous rate of 
discharge throughout the operating range for discharging the effluent.
    (5) Any component part of the flow meter in contact with the 
effluent should be of corrosion-resistant and oil-resistant material of 
adequate strength.
    (6) The design of the flow metering arrangements must account for 
the safety requirements of the space in which such metering arrangements 
are located.
    (d) Ship's speed indicating system. The automatic speed signal 
required for a monitoring system must be obtained from the ship's speed 
indicating device by means of a repeater signal. The speed information 
used may be either speed over the ground or speed through the water, 
depending upon the speed measuring equipment installed on board.

    Note to paragraph (d): See ``Recommendation on Performance Standards 
for Devices to Indicate Speed and Distance,'' Annex to resolution 
A.824(19) as amended by resolution MSC.96(72).

    (e) Ship position indicating device. The ship position indicating 
device must consist of a receiver for a global navigation satellite 
system, a terrestrial radio navigation system, or other means suitable 
for use at all times throughout the intended voyage to establish and 
update the ship's position by automatic means.
    (f) Overboard discharge control management. The overboard discharge 
control must be able to stop the discharge of the effluent into the sea 
automatically by either closing all relevant overboard discharge valves 
or stopping all relevant pumps. The discharge control arrangement must 
be fail-safe so that all effluent discharge is stopped when the 
monitoring system is not in operation, at alarm conditions, or when the 
monitoring system fails to function.
    (g) Processor and transmitting device. (1) The processor of a 
control section must receive signals from the oil content meter, the 
flow rate indicating system and the ship's speed indicating system at 
time intervals not exceeding 5 seconds and must automatically compute 
the following:
    (i) Instantaneous rate of discharge of oil in liters per nautical 
mile; and
    (ii) Total quantity of oil discharged during the voyage in cubic 
meters or liters.
    (2) When the limits imposed by Sec. 157.37(a)(3) and (4) are 
exceeded, the processor must provide alarms and provide command signals 
to the overboard discharge control arrangement, which will cause the 
discharge of effluent into the sea to stop.
    (3) The processor must normally include a device for the continuous 
generation of time and date information. Alternative arrangements that 
ensure the automatic and continuous reception of time and date 
information from an external source may be approved by the Marine Safety 
Center.
    (4) In the event of power failure the processor must retain its 
memory in respect to computation of the total quantity of oil 
discharged, time, and date. A printout of data must be obtained when the 
monitoring system is operating with manual override, but the printout of 
data is not required if, when the power fails, the monitoring system 
activates the overboard discharge control to stop the discharge of 
effluent.
    (h) Recording devices. (1) The recording device of a control section 
must include a digital printer, which may be formatted electronically. 
The recorded parameters must be explicitly identified on the printout. 
The printout must be legible and must remain so once removed from the 
recording device and must be retained for at least 3 years.
    (2) The data to be automatically recorded must include at least the 
following:
    (i) Instantaneous rate of discharge of oil (liters per nautical 
mile);

[[Page 468]]

    (ii) Instantaneous oil content (ppm);
    (iii) The total quantity of oil discharged (cubic meters or liters);
    (iv) Time and date (GMT, Greenwich Mean Time);
    (v) Ship's speed in knots;
    (vi) Ship's position--latitude and longitude;
    (vii) Effluent flow rate;
    (viii) Status of the overboard discharge control or arrangement;
    (ix) Oil type selector setting, where applicable;
    (x) Alarm condition;
    (xi) Failure, including, but not limited to, fault or no flow; and
    (xii) Override action, including, but not limited to, manual 
override, flushing, and calibration. Any information inserted manually 
as a result of an override action must be identified as such on the 
printout.
    (3) Data required in paragraph (h)(2) of this section must be 
printed out or may be stored electronically with printout capability, 
with the following minimum frequency:
    (i) When the discharge is started;
    (ii) When the discharge is stopped;
    (iii) At intervals of not more than 10 minutes (except when the 
system is in stand-by mode);
    (iv) When an alarm condition develops;
    (v) When normal conditions are restored;
    (vi) Whenever the computed rate of discharge varies by 10 liters per 
nautical mile;
    (vii) When zero-setting or calibration modes are selected; and
    (viii) On manual command.
    (4) The recording device must be located in a position easily 
accessible to the person in charge of the overboard discharge operation.
    (i) Data display. (1) In addition to the recorded printout, the 
current data must be visibly displayed and at a minimum contain the 
following:
    (i) Instantaneous rate of discharge of oil (liters per nautical 
mile);
    (ii) Total quantity of oil discharged (cubic meters or liters);
    (iii) Instantaneous oil content (ppm);
    (iv) Flow rate;
    (v) Ship's speed; and
    (vi) Status of the overboard discharge control or arrangement.
    (2) The data display must be located in a position easily observed 
by the person in charge of the overboard discharge operation.
    (j) Manually operated alternatives in the event of equipment 
malfunction. Acceptable alternative means of obtaining information in 
the event of a failure in the monitoring system include the following:
    (1) Oil content meter or sampling system: Visual observation of the 
surface of the water adjacent to the effluent discharge;
    (2) Flow meter: Pump discharge characteristics;
    (3) Ship's speed indicating device: Main engine rpm;
    (4) Processor: Manual calculation and manual recording; and
    (5) Overboard discharge control: manual operation of pumps and 
valves.
    (k) Alarm conditions resulting in the stopping of discharge. Audio-
visual alarms must be activated for any of the following conditions and 
the monitoring system must be so arranged that the discharge of effluent 
into the sea is stopped:
    (1) Whenever the instantaneous rate of discharge of oil exceeds 30 
liters per nautical mile;
    (2) When the total quantity of oil discharged reaches 1/30,000 of 
the previous cargo for new vessels and 1/15,000 for existing vessels; or
    (3) In the event of failure of the system's operation, such as:
    (i) Power failure;
    (ii) Loss of sample;
    (iii) Significant failure of the measuring or recording system; or
    (iv) When the input of any sensor exceeds the effective capacity of 
the system.
    (l) Location of alarm indicator. The alarm indicator of the system 
must be installed in the cargo control room, where provided, and/or in 
other places where it will attract immediate attention and action.

[USCG-2004-18939, 74 FR 3379, Jan. 16, 2009]



Sec. 157.12e  Certificate of approval.

    (a) A copy of the certificate of approval for the oil content meters 
must be carried aboard an oil tanker fitted with such equipment at all 
times.

[[Page 469]]

    (b) A certificate of type approval must be issued for the specific 
application for which the oil content meter is approved, that is, for 
crude oil, ``black'' products, ``white'' products, or other products or 
applications as listed on the certificate.

[USCG-2004-18939, 74 FR 3379, Jan. 16, 2009]



Sec. 157.12f  Workshop functional test requirements.

    (a) Each oil content meter and each control section of a monitoring 
system must be subjected to a functional test on a suitable test bench 
prior to delivery. The detailed program for a functional test of such 
equipment must be developed by the manufacturer, taking into account the 
features and functions of the specific design of equipment. A completed 
workshop certificate including the delivery test protocol must be 
received with each unit delivered.
    (b) A functional test conducted on an oil content meter must include 
the following operations:
    (l) A check of flow rate, pressure drop, or an equivalent parameter 
as appropriate;
    (2) A check of all alarm functions built into the meter;
    (3) A check of all switching functions interconnecting with other 
parts of the system; and
    (4) A check for correct reading at several ppm values on all 
measurement scales when operated on an oil appropriate for the 
application of the oil content meter or by an equivalent method.
    (c) A functional check conducted on a control section of a 
monitoring system must include the following operations:
    (1) A check of all alarm functions;
    (2) A check of the correct function of the signal processor and the 
recording equipment when simulated input signals of ppm, flow rate, and 
speed are varied;
    (3) A check that the alarm is activated when the input signals are 
varied to exceed the discharge limits contained in Sec. 157.37(a)(3) 
and (4);
    (4) A check that a signal is given to the overboard discharge 
control when alarm conditions are reached; and
    (5) A check that the alarm is activated when each one of the input 
signals is varied to exceed the capacity of the system.

[USCG-2004-18939, 74 FR 3379, Jan. 16, 2009]



Sec. 157.12g  Plan approval requirements.

    Adequate documentation must be prepared well in advance of the 
intended installation of a monitoring system and must be submitted to 
the Marine Safety Center for approval. The following documentation must 
be submitted:
    (a) A description of the monitoring system. The description must 
include a diagram of the pumping and piping arrangements identifying the 
operational outlets for dirty ballast and oil-contaminated water from 
the cargo-tank area and compatible with the operational requirements set 
out in the oil tanker's cargo and ballast handling manuals. Special 
considerations will be given to installations in oil tankers, which have 
unusual pumping and piping arrangements.
    (b) Equipment manuals, supplied by manufacturers, which must contain 
details of the major components of the monitoring system.
    (c) An operations and technical manual for the complete monitoring 
system which is proposed to be installed in the oil tanker. This manual 
must cover the arrangements and operation of the system as a whole and 
must specifically describe parts of the system, which are not covered by 
the manufacturer's equipment manuals.
    (d) The operations section of the manual must include normal 
operational procedures and procedures for the discharge of oily water in 
the event of malfunction of the equipment.
    (e) The technical section of the manual must include adequate 
information (description and diagram of the pumping and piping 
arrangements of the monitoring system and electrical/electronic wiring 
diagrams) to enable fault finding and must include instructions for 
keeping a maintenance record.
    (f) A technical installation specification defining, among other 
things, the location and mounting of components, arrangements for 
maintaining the integrity of the boundary between safe and hazardous 
spaces, and the arrangement of the sample piping, including calculation 
of the sample response

[[Page 470]]

time referred to in Sec. 157.12d(b)(6). The installation must comply 
with manufacturer's specific installation criteria.
    (g) A copy of the certificate of type approval for the oil content 
meter.
    (h) Technical documentation relevant to other main components of the 
monitoring system. This documentation must include the vibration report 
for the control section of the monitoring section.
    (i) A recommended test and checkout procedure specific to the 
monitoring system installed. This procedure must specify all the checks 
to be carried out in a functional test by the installation contractor 
and must provide guidance for the surveyor when carrying out the onboard 
survey of the monitoring system and confirming the installation reflects 
the manufacturer's specific installation criteria.

[USCG-2004-18939, 74 FR 3379, Jan. 16, 2009]



Sec. 157.13  Designated observation area.

    Each new vessel must have a designated observation area on the 
weather deck or above that is:
    (a) Located where the effluent from each discharge point and 
manifold described in Sec. 157.11 can be visually observed; and
    (b) Equipped with:
    (1) A means to directly stop the discharge of effluent into the sea; 
or
    (2) A positive communication system, such as a telephone or a radio, 
between the observation area and the discharge control position.

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by CGD 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 of slop 
tanks that comply with the requirements of this section:
    (1) A new vessel of less than 70,000 tons DWT and an existing vessel 
must have at least one slop tank.
    (2) A new vessel of 70,000 tons DWT or more must have at least two 
slop tanks.
    (b) Capacity. Slop tanks must have the total capacity to retain oily 
mixtures from cargo tank washings, oil residue, and ballast water 
containing an oily mixture of 3 percent or more of the oil carrying 
capacity. Two percent capacity is allowed if there are--
    (1) Segregated ballast tanks that meet the requirements in Sec. 
157.09, Sec. 157.10, Sec. 157.10a, or Sec. 157.10b; or
    (2) No eductors arrangements that use water in addition to the 
washing water.
    (c) Design. A slop tank required in this section:
    (1) Must minimize turbulence, entrainment of oil, and the creation 
of 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 citations affecting Sec. 
157.15, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume 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 that 
receives and holds oil residue resulting from purification of fuel and 
lubricating oil and from oil leakages in machinery spaces.
    (b) Each oil residue (sludge) tank required in paragraph (a) of this 
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 be designed 
to facilitate:
    (1) Cleaning; and
    (2) Discharging to a reception facility.

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by CGD 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, for 
which the building contract is awarded after January 1, 1972, or, if 
there is no building contract, the keel is laid or the vessel

[[Page 471]]

is at a similar stage of construction after June 30, 1972; and
    (3) A foreign vessel that is delivered before January 1, 1977, for 
which the building contract is awarded after January 1, 1974, or, if 
there is no building contract, the keel is laid or the vessel is at a 
similar stage of construction after June 30, 1974.
    (b) As determined in accordance with the procedures contained in 
appendix A of this part, each cargo tank must be of such size and 
arrangement that:
    (1) The hypothetical outflow for side damage (Oc) or for 
bottom damage (Os) anywhere within the length of the vessel 
must not exceed OA (30,000 cubic meters or (400)x(3[radic] 
DWT) whichever is greater, limited to a maximum of 40,000 cubic meters);
    (2) The volume of each wing tank and center tank is less than the 
allowable volume of a wing tank (VOLW) and the allowable 
volume of a center tank (VOLC) respectively; and
    (3) The length of a tank is less than the allowable length of a tank 
(la).
    (c) If a cargo transfer system interconnects two or more cargo 
tanks, the system must have valves to segregate the tanks from each 
other.
    (d) If a line of piping that runs through a cargo tank in a position 
less than tc from the vessel's side or less than 
vs from the vessel's bottom as defined in appendix A of this 
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 location that 
is immediately adjacent to the point at which the branch enters the 
tank.
    (e) If piping that serves suction wells is installed within a double 
bottom, that piping must be:
    (1) Fitted with valves located at the point of connection to the 
tank served to prevent oil outflow in the event of damage to the piping; 
and
    (2) Designed to be installed as high from the bottom shell as 
possible.

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by CGD 75-240, 41 FR 
54180, Dec. 13, 1976; CGD 76-088b, 48 FR 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 following 
subdivision and damage stability criteria after assuming side and bottom 
damages, as defined in appendix B of this part. A U.S. vessel that meets 
the requirements in this section is considered by the Coast Guard as 
meeting 46 CFR 42.20-5.
    (a) The final waterline, taking into account sinkage, heel, and 
trim, must be below the lower edge of an opening through which 
progressive flooding may take place, such as an air pipe, or any opening 
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 the high 
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 to 
unsymmetrical flooding must not exceed 25 degrees, except that this 
angle may be increased to 30 degrees if no deck edge immersion occurs.
    (c) For acceptable stability in the final stage of flooding, the 
righting lever curve must have a range of at least 20 degrees beyond the 
position of equilibrium in association with a maximum residual righting 
lever of at least 0.1 meter. For the calculations required in this 
section, weathertight openings or openings fitted with automatic 
closures (e.g., a vent fitted with a ball check valve), need not be 
considered as points of downflooding within the range of residual 
stability, but other openings must be accounted for in the calculation.

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by CGD 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

[[Page 472]]

requirements of Regulation 27, Annex I MARPOL 73/78.

[USCG-2000-7641, 66 FR 55573, Nov. 2, 2001, as amended by USCG-2009-
0416, 74 FR 27441, June 10, 2009]



Sec. 157.23  Cargo and ballast system information.

    (a) Each tank vessel to which this part applies must have an 
instruction manual that describes the automatic and manual operation of 
the cargo and ballast system in the vessel.
    (b) The format and information contained in the instruction manual 
required in paragraph (a) of this section must be similar to the manual 
entitled ``Clean Seas Guide for Oil Tankers'' which can 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 part 
applies shall submit the documentation specified in this section to the 
Coast Guard before that vessel enters the navigable waters of the United 
States. The owner, builder, or designer of a vessel that must comply 
with Sec. 157.10d shall submit the documentation specified in this 
section to the Coast Guard before that vessel enters the navigable 
waters of the United States or the U.S. Exclusive Economic Zone.
    (a) Calculations to substantiate compliance with the tank 
arrangement and size requirements under Sec. 157.19, or a letter from 
the government of the vessel's flag state that certifies compliance 
with:
    (1) Section 157.19; or
    (2) Regulations 24 of Annex I of the International Convention for 
the Prevention of Pollution from Ships, 1973.
    (b) Except for a new vessel that is a foreign vessel, calculations 
to substantiate compliance with subdivisions and damage stability 
requirements under Sec. 157.21.
    (c) Plans and calculations to substantiate compliance with the 
applicable segregated ballast and double hull requirements in Sec. Sec. 
157.09, 157.10, 157.10a, 157.10b, or 157.10d, or certification from the 
government of the vessel's flag state that the vessel complies with the 
segregated ballast and double hull requirements in:
    (1) Sections 157.09, 157.10, 157.10a, 157.10b, or 157.10d, as 
applicable; 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 and 
watertight bulkheads;
    (6) A midship section plan;
    (7) A capacity plan showing the capacity and the vertical and 
longitudinal centers of gravity of each cargo space, tank, and similar 
space;
    (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 by CGD 77-058b, 45 
FR 43708, June 30, 1980; CGD 79-152, 45 FR 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 

existing vessels installing segregated ballast tanks.

    (a) Before modifications are made to a U.S. tank vessel to meet 
Sec. 157.10a(a)(1), Sec. 157.10a(c)(1), Sec. 157.10c(b)(1), or Sec. 
157.10c(c)(1), the vessel's owner or operator must submit the following 
to the Officer in Charge, Marine Inspection, of the zone where the 
modification will be made or to the appropriate Coast Guard technical 
office listed in 157.100(b):
    (1) A drawing or diagram of the pumping and piping system for the 
segregated ballast tanks.
    (2) A drawing of the segregated ballast tank arrangement.
    (3) Documentation, calculations, or revised stability information to 
show that the vessel, with the addition of the segregated ballast tanks, 
meets the stability standards for load line assignment in 46 CFR part 
42.

[[Page 473]]

    (4) Documentation, calculations, or a revised loading manual to show 
that the vessel, with the addition of the segregated ballast tanks, 
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 distribution 
requirements 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 the United States, the 
owner or operator of that vessel 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 the 
vessel finding that the location of the segregated ballast tanks is 
acceptable; and
    (ii) Plans and calculations to substantiate compliance with the 
segregated ballast capacity requirements in Sec. 157.09(b); or
    (2) Submit to the Officer in Charge, Marine Inspection, of the zone 
in which the first U.S. port call is made, a letter or document from the 
government of vessel's flag state certifying that the vessel complies 
with the segregated ballast capacity requirements in Sec. 157.09(b) or 
Regulation 13 of the MARPOL 73/78.
    (c) On January 1, 1986, or 15 years after the date it was delivered 
to the original owner, or 15 years after the completion of a major 
conversion, whichever is later, before that vessel enters the navigable 
waters of the United States, the owner or operator of an existing 
foreign vessel under Sec. 157.10c(b)(1) or Sec. 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 the 
vessel finding that the location of the segregated ballast tanks is 
acceptable; and
    (ii) Plans and calculations to substantiate compliance with the 
applicable segregated ballast capacity requirements in Sec. 157.09(b) 
or Sec. 157.10c(d); or
    (2) Submit to the Officer in Charge, Marine Inspection, of the zone 
in which the first U.S. port call is made a letter from an authorized CS 
or the government of the vessel's flag state certifying that the vessel 
complies with the segregated ballast capacity requirements in Sec. 
157.09(b) or Sec. 157.10c(d).

(Reporting and Recordkeeping requirements approved by the Office of 
Management and Budget under control number 1625-0036)

[CGD 82-28, 50 FR 11626 and 11630, Mar. 22, 1985, as amended by CGD 88-
052, 53 FR 25122, July 1, 1988; CGD 96-026, 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 applies 
of 150 gross tons or more, unless otherwise indicated, that carries 
crude oil or products in bulk as cargo. This subpart does not apply to a 
foreign vessel which remains beyond the navigable waters of the United 
States and does not transfer oil cargo at a port or place subject to the 
jurisdiction of the United States.
    (b) Sections 157.29, 157.31, 157.37(a)(5), 157.37(a)(6) and 157.43 
apply to foreign vessels when they discharge into the navigable waters 
of 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 by CGD 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 in 
violation 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 of less 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 less 
than 150 gross tons discharges clean ballast or segregated ballast, the 
vessel must:

[[Page 474]]

    (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 design 

requirements.

    The person in charge of a tank barge exempted under Sec. 157.08(g) 
from the requirements in Sec. Sec. 157.11, 157.13, 157.15, and 157.23 
shall ensure that while the barge is proceeding en route:
    (a) Cargo tanks are not ballasted or washed; and
    (b) Oil or oily mixtures are not discharged.

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by CGD 76-088b, 48 FR 
45721, Oct. 6, 1983; CGD 90-051, 57 FR 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 discharges 
an oily mixture in compliance with the requirements in Sec. 157.37, 
Sec. 157.39, or Sec. 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 discharge 
requirements 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 by USCG-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 or 
dedicated 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), or Sec. 157.10c(c) shall ensure that ballast water 
is carried in a cargo tank only if--
    (a) The vessel encounters abnormally severe weather conditions;
    (b) More ballast water than can be carried in segregated ballast 
tanks or dedicated clean ballast tanks is necessary for the safety of 
the vessel;
    (c) The ballast water is processed and discharged in compliance with 
Sec. 157.37; and
    (d) On a new vessel under Sec. 157.10 that carries crude oil, the 
ballast water is only carried in a cargo tank that is crude oil washed 
in accordance with Subpart D of this part during or after the most 
recent discharge of crude oil from that tank.

[CGD 77-058b, 45 FR 43708, June 30, 1980, as amended by CGD 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 sea 
from a cargo tank, slop tank, or cargo pump room bilge unless the 
vessel:
    (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 not 
exceeding 30 liters per nautical mile;
    (4) Is an existing vessel and the total quantity of oil discharged 
into the sea does not exceed 1/15,000 of the total quantity of the cargo 
that the discharge formed a part, or is a new vessel and the total 
quantity of oil discharged into the sea does not exceed 1/30,000 of the 
total quantity of the cargo that the discharge formed a part;
    (5) Discharges:
    (i) Through the above waterline discharge point described in Sec. 
157.11(b)(2);
    (ii) In accordance with paragraph 5 of appendix E to this part, if 
the vessel is an existing vessel with a Part Flow System meeting that 
appendix; or
    (iii) Below the waterline in accordance with paragraph (e) of this 
section;
    (6) Has in operation an oil discharge monitoring and control system 
required by Sec. 157.12 that is designed for use with the oily mixture 
being discharged, except that the system may be operated manually if:
    (i) The automatic system fails during a ballast voyage;
    (ii) The failure is recorded in the Oil Record Book;

[[Page 475]]

    (iii) The master ensures that the discharge is constantly monitored 
visually and promptly terminated when oil is detected in the discharge; 
and
    (iv) The system is operated manually only until the ballast voyage 
is completed; and
    (7) Is outside the ``Special Areas'' defined in Regulation 1.11 of 
Annex I to the MARPOL 73/78.
    (b) A seagoing tank vessel of 150 gross tons or more that carries 
asphalt or other products whose physical properties inhibit effective 
product/water separation and monitoring must transfer all oil cargo 
residues and tank washings from such cargoes to a reception facility.
    (c) Each oil discharge monitoring and control system must be 
maintained and operated in accordance with its instructions manual.
    (d) All discharge data recorded by an oil discharge monitoring and 
control system must be retained for at least three years. The data for 
the most recent year must be retained on board the vessel.
    (e) Ballast water containing an oily mixture may be discharged below 
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 that oil-
water separation has taken place; and
    (3) The oil layer is high enough in the tank so that it will not be 
discharged.

(The information collection requirement contained in paragraph (d) of 
this section was approved by the Office of Management and Budget under 
control number 1625-0041)

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by CGD 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; USCG-2004-18939, 74 FR 3382, Jan. 16, 2009]



Sec. 157.39  Machinery space bilges.

    (a) A tank vessel may discharge an oily mixture from a machinery 
space bilge that is combined with an oil cargo residue if the vessel 
discharges in compliance with Sec. 157.37.
    (b) A tank vessel may discharge an oily mixture from a machinery 
space bilge that is not combined with an oil cargo residue if the 
vessel:
    (1) Is proceeding en route;
    (2) Is discharging an effluent with an oil content of less than 15 
parts per million; and
    (3) Has in operation an oil discharge monitoring and control system 
in compliance with Sec. 157.12 and oil separating equipment in 
compliance with 33 CFR 155.380.

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by USCG-2000-7641, 66 
FR 55573, Nov. 2, 2001; USCG-2004-18939, 74 FR 3382, Jan. 16, 2009]



Sec. 157.41  Emergencies.

    Sections 157.27, 157.29, 157.37, and 157.39 do not apply to a tank 
vessel that discharges into the sea oil or oily mixtures:
    (a) For the purpose of securing the safety of the vessel or for 
saving 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 the 
damage or discovery of the discharge for the purpose of preventing or 
minimizing the discharge; and
    (2) The owner, master or person in charge did not intend to cause 
damage, or did not act recklessly and with knowledge that damage of the 
environment would probably result.



Sec. 157.43  Discharges of clean and segregated ballast: Seagoing tank vessels 

of 150 gross tons or more.

    (a) Clean ballast may not be discharged overboard unless the 
discharge is verified as clean ballast through use of an approved oil 
discharge monitoring and control system or, if discharged before the 
required oil discharge monitoring and control system installation date, 
by visual examination of the ballast contents immediately before 
discharge. This paragraph applies to discharges of clean ballast:
    (1) From dedicated clean ballast tanks; and
    (2) Into the navigable waters of the United States from any other 
tank.
    (b) Segregated ballast may not be discharged overboard unless a 
visual examination, or a test of the ballast

[[Page 476]]

contents with an oil/water interface detector, immediately before the 
discharge shows that there is no oily mixture in the ballast. Use of an 
oil discharge monitoring and control system is not required. This 
paragraph applies to discharges of segregated ballast:
    (1) Into the navigable waters of the United States; and
    (2) Below the waterline at sea from an existing vessel that does not 
have an above the waterline discharge point for segregated ballast.
    (c) All discharges of clean ballast and segregated ballast must be 
through an above waterline discharge point described in Sec. 
157.11(b)(2), except that:
    (1) A vessel may discharge clean ballast and segregated ballast 
below the waterline when in port or at an offshore terminal.
    (2) A vessel may discharge clean ballast and segregated ballast at 
sea by gravity below the waterline.
    (3) An existing vessel that does not have above waterline discharge 
points for dedicated clean ballast tanks may discharge clean ballast 
from those tanks below the waterline at sea.
    (4) An existing vessel that does not have above waterline discharge 
points for segregated ballast tanks may discharge segregated ballast 
below the waterline at sea.
    (d) This section applies only to seagoing tank vessels of 150 gross 
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; USCG-2004-18939, 74 FR 3382, 
Jan. 16, 2009]



Sec. 157.45  Valves in cargo or ballast piping system.

    When a tank vessel is at sea and the tanks contain oil, valves and 
closing devices in the cargo or ballast piping system or in the transfer 
system must be kept closed except they may be opened for cargo 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 the 
vessel in accordance with the information required in 46 CFR 31.10-30(d) 
that includes the following:
    (a) Stability information.
    (b) Damage stability information determined in accordance with the 
criteria contained in appendix B of this part.
    (c) Loading and distribution of cargo information determined in 
compliance with the damage stability criteria required in appendix B of 
this part.

[CGD 74-32, 40 FR 48283, Oct. 14, 1976, as amended by CGD 75-240, 41 FR 
54180, Dec. 13, 1976]



Sec. 157.49  Instruction manual.

    The master of a tank vessel shall ensure that the instruction manual 
under Sec. 157.23 is available and used when the cargo 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 under Sec. 
157.10(e), Sec. 157.10a(a)(2), or Sec. 157.10c(b)(2) is inspected 
under Sec. 157.140, the owner or operator of that vessel must submit to 
the Coast Guard plans that include--
    (1) A drawing or diagram of the COW pumping and piping system that 
meets 46 CFR 56.01-10(d);
    (2) The design of each COW machine;
    (3) The arrangement, location, and installation of the COW machines; 
and
    (4) Except as allowed in Sec. 157.104, the projected direct 
impingement pattern of crude oil from the nozzles of the COW machines on 
the surfaces of each tank, showing the surface areas not reached by 
direct impingement.
    (b) Plans under paragraph (a) of this section must be submitted to 
the Officer in Charge, Marine Inspection, of the zone in which the COW 
system is installed or to the Commanding Officer, U.S. Coast Guard 
Marine Safety

[[Page 477]]

Center, 2100 2nd St. SW., Stop 7102, Washington, DC 20593-7102.

(Reporting and Recordkeeping requirements approved by the Office of 
Management and Budget under control number 1625-0036)

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR 
11626 and 11630, Mar. 22, 1985; CDG 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; USCG-
2010-0351, 75 FR 36286, June 25, 2010]



Sec. 157.102  Plans for foreign tank vessels: Submission.

    If the owner or operator of a foreign tank vessel having a COW 
system under Sec. 157.10(e), Sec. 157.10a(a)(2), or Sec. 
157.10c(b)(2), desires the letter from the Coast Guard under Sec. 
157.106 accepting the plans submitted under this paragraph, the owner or 
operator must submit to the Commandant (CG-543), U.S. Coast Guard, 2100 
2nd St. SW., Stop 7581, Washington, DC 20593-7581, plans that include--
    (a) A drawing or diagram of the COW pumping and piping system that 
meets 46 CFR 56.01-10(d);
    (b) The design of each COW machine;
    (c) The arrangement, location, and installation of the COW machines; 
and
    (d) Except as allowed in Sec. 157.104, the projected direct 
impingement pattern of crude oil from the nozzles of the COW machines on 
the surfaces of each tank, showing the surface areas not reached by 
direct impingement.

(Reporting and Recordkeeping requirements approved by the Office of 
Management and Budget under control number 1625-0036)

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR 
11627 and 11630, Mar. 22, 1985; CGD 88-052, 53 FR 25122, July 1, 1988; 
CGD 96-026, 61 FR 33668, June 28, 1996; USCG-2006-25150, 71 FR 39210, 
July 12, 2006; USCG-2010-0351, 75 FR 36286, June 25, 2010]



Sec. 157.104  Scale models.

    If the pattern under Sec. 157.100(a)(4) or Sec. 157.102(d) cannot 
be shown on a plan, a scale model of each tank must be built for Coast 
Guard inspection to simulate, by a pinpoint of light, the projected 
direct impingement pattern on the surfaces of the tank.



Sec. 157.106  Letter of acceptance.

    The Coast Guard informs the submitter by letter that the plans 
submitted under Sec. 157.100 or Sec. 157.102 are accepted if:
    (a) The plans submitted show that the COW system meets this subpart; 
or
    (b) The plans submitted and the scale model under Sec. 157.104 show 
that the COW system meets this subpart.



Sec. 157.108  Crude Oil Washing Operations and Equipment Manual for U.S. tank 

vessels: Submission.

    Before each U.S. tank vessel having a COW system under Sec. 
157.10(e), Sec. 157.10a(a)(2), or Sec. 157.10c(b)(2) is inspected 
under Sec. 157.140, the owner or operator of that vessel must submit 
two copies of a manual that meets Sec. 157.138, to the Officer in 
Charge, Marine Inspection, of the zone in which the COW system is 
installed or to the appropriate Coast Guard field technical office 
listed in Sec. 157.100(b).

(Reporting and Recordkeeping requirements approved by the Office of 
Management and Budget under control number 1625-0036)

[CGD 82-28, 50 FR 11627, 11630, Mar. 22, 1985, as amended by USCG-2006-
25150, 71 FR 39210, July 12, 2006]



Sec. 157.110  Crude Oil Washing Operations and Equipment Manual for foreign 

tank vessels: Submission.

    If the owner or operator of a foreign tank vessel having a COW 
system under Sec. 157.10(e), Sec. 157.10a(a)(2), or Sec. 
157.10c(b)(2) desires a Coast Guard approved Crude Oil Washing 
Operations and Equipment Manual under Sec. 157.112, the owner or 
operator must submit two copies of 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 the Office of 
Management and Budget under control number 1625-0036)

[CGD 82-28, 50 FR 11627 and 11630, Mar. 22, 1985, as amended by CGD 88-
052, 53 FR 25122, July 1, 1988; CGD 96-026, 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 or Sec. 157.110 meet 
Sec. 157.138, the

[[Page 478]]

Coast Guard approves the manuals and forwards one of the approved 
manuals to the submitter.



Sec. 157.114  Crude Oil Washing Operations and Equipment Manual: Not approved.

    If the manuals submitted under Sec. 157.108 or Sec. 157.110 are 
not approved, the Coast Guard forwards a letter to the submitter with 
the reasons why the manuals were not approved.



Sec. 157.116  Required documents: U.S. tank vessels.

    The owner, operator, and master of a U.S. tank vessel having a COW 
system under Sec. 157.10(e), Sec. 157.10a(a)(2), or Sec. 
157.10c(b)(2) shall ensure that the vessel does not engage in a voyage 
unless the vessel has on board the following:
    (a) The Crude Oil Washing Operations and Equipment Manual that--
    (1) Is approved under Sec. 157.112; or
    (2) Bears a certification by an authorized CS that the manual 
contains the information required under Sec. 157.138.
    (b) Evidence of acceptance of the tank vessel's COW system 
consisting of--
    (1) A document from an authorized CS that certifies the vessel meets 
Sec. 157.10c(b)(2) and each amending letter by the authorized CS 
approving changes in the design, equipment, or installation; or
    (2) The letter of acceptance under Sec. 157.106 and each amending 
letter issued under Sec. 157.158(c).
    (c) Evidence that the COW system passed the required inspections 
by--
    (1) A document from an authorized CS that the vessel has passed the 
inspections under Sec. 157.140; or
    (2) The letter of acceptance under Sec. 157.142 after passing the 
inspection under Sec. 157.140.

(Reporting and Recordkeeping requirements approved by the Office of 
Management and Budget under control number 1625-0036)

[CGD 82-28, 50 FR 11627 and 11630, Mar. 22, 1985, as amended 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 under 
Sec. 157.10(e) or Sec. 157.10a(a)(2) shall ensure that the vessel does 
not enter the navigable waters of the United States or transfer cargo at 
a port or place subject to the jurisdiction of the United States unless 
the vessel has on board--
    (1) The Crude Oil Washing Operations and Equipment Manual that--
    (i) Is approved under Sec. 157.112; or
    (ii) Meets the manual standards in Resolution 15 of the MARPOL 73/78 
and bears the approval of the government of the vessel's flag state; and
    (2) Either--
    (i) A document from the government of the vessel's flag state that 
certifies that the vessel complies with Resolution 15 of the MARPOL 73/
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 was delivered 
to the original owner or 15 years after the completion of a major 
conversion, whichever is later, the owner, operator, and master of a 
foreign vessel having a COW system under Sec. 157.10c(b)(2) shall 
ensure that the vessel does not enter the navigable waters of the United 
States or transfer cargo at a port or place subject to the jurisdiction 
of the United States unless the vessel has on board--
    (1) The Crude Oil Washing Operations and Equipment Manual that--
    (i) Is approved under Sec. 157.112; or
    (ii) Bears a certification by an authorized CS or the government of 
the vessel's flag state that the manual contains the information 
required under Sec. 157.138;
    (2) Evidence that the COW system passed the required inspections 
by--
    (i) A document from an authorized CS or the government of the 
vessel's flag state certifying that the vessel passed the inspections 
under Sec. 157.140; or
    (ii) The letter of acceptance under Sec. 157.142 after passing the 
inspection under Sec. 157.140; and
    (3) Either--

[[Page 479]]

    (i) A document from an authorized CS or the government of the 
vessel's flag state certifying that the vessel complies with the design, 
equipment and installation standards in Sec. Sec. 157.122 through 
157.136 and any amending letters approving changed COW system 
characteristics; or
    (ii) The letter of acceptance under Sec. 157.106 and any amending 
letters issued under Sec. 157.158(c).

(Reporting and Recordkeeping requirements approved by the Office of 
Management and Budget under control number 1625-0036)

[CGD 82-28, 50 FR 11627 and 11630, Mar. 22, 1985, as amended 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 under Sec. 
157.116(b), if a U.S. tank vessel engages in a voyage, or under Sec. 
157.118(b)(2)(ii), if a foreign tank vessel enters the navigable waters 
of the United States or transfers cargo at a port or place subject to 
the jurisdiction of the United States, for the purpose of being 
inspected under Sec. 157.140.

                   Design, Equipment, and Installation



Sec. 157.122  Piping, valves, and fittings.

    (a) Except as allowed in paragraph (o) of this section, the piping, 
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 the 
Commandant.
    (b) The piping of each COW system must be permanently installed.
    (c) The piping of each COW system must be separate from other piping 
systems on the vessel, except that the vessel's cargo piping may be a 
part of the COW piping if the cargo piping meets this section.
    (d) The piping of each COW system must have overpressure relief 
valves or other means accepted by the Commandant to prevent overpressure 
in the piping of the COW system, unless the maximum allowable working 
pressure of that system is greater than the shut-off head of each pump 
that meets Sec. 157.126(b).
    (e) Each overpressure relief valve must discharge into the suction 
side of a pump that meets Sec. 157.126(b).
    (f) The piping and equipment of a COW system may not be in machinery 
spaces.
    (g) Each hydrant valve for water washing in the piping of a COW 
system must:
    (1) Have adequate strength to meet 46 CFR part 56 for the working 
pressure for which the system is designed; and
    (2) Be capable of being blanked off.
    (h) Each sensing instrument must have an isolating valve at its 
connection to the piping of the COW system, unless the opening to that 
connection is 0.055 inches (1.4 millimeters) or smaller.
    (i) If the washing system for cargo tanks has a steam heater used 
when water washing, it must be located outside the engine room and must 
be capable of being isolated from the piping of the COW system by:
    (1) At least two shut-off valves in the inlet piping and at least 
two shut-off valves in the outlet piping; or
    (2) Blank flanges identifiable as being closed (e.g., spectacle 
flanges).
    (j) If the COW system has a common piping system for oil washing and 
water washing, that piping system must be designed to drain the crude 
oil into a slop tank or a cargo tank.
    (k) The piping of a COW system must be securely attached to the tank 
vessel's structure with pipe anchors.
    (l) When COW machines are used as pipe anchors, there must be other 
means available for anchoring the piping if these machines are removed.
    (m) There must be a means to allow movement of the COW system piping 
as a result of thermal expansion and flexing of the tank vessel.
    (n) The supply piping attached to each deck mounted COW machine and 
each COW machine that is audio inspected under Sec. 157.155(a)(4)(ii) 
must have a shut-off valve.
    (o) On combination carriers, piping of the COW system installed 
between each COW machine located in a cargo tank hatch cover and an 
adjacent location just outside the hatch coaming, may be flexible hose 
with flanged connections that is acceptable by the Commandant.

[[Page 480]]



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 nozzles with 
the proper diameter, working pressure, movement, and timing to allow the 
tank vessel to pass the inspections under Sec. 157.140.
    (c) Each COW machine and its supply piping must be supported to 
withstand vibration and pressure surges.
    (d) There must be one portable drive unit available on board the 
vessel for every three COW machines that use portable drive units during 
COW operations required by Sec. 157.160 before each ballast voyage.
    (e) Except as allowed in paragraph (f) of this section, each cargo 
tank must have COW machines located to wash all horizontal and vertical 
areas of the tank by direct impingement, jet deflection, or splashing to 
allow the tank vessel to pass the inspections under Sec. 157.140. The 
following areas in each tank must not be shielded from direct 
impingement by large primary structural members or any other structural 
member determined to be equivalent to a large primary structural member 
by the Commandant when reviewing the plans submitted 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 to be 
equivalent to a large primary structural member by the Commandant.
    (2) 85 percent or more of the total vertical area of the tank sides 
and swash bulkheads.
    (f) Each cargo tank on a vessel having a COW system under Sec. 
157.10a(a)(2) or Sec. 157.10c(b)(2) with complicated internal 
structural members does not have to meet paragraph (e) of this section 
if the following areas of each cargo tank are washed by direct 
impingement and the tank vessel can pass the inspections 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 to be 
equivalent to a large primary structural member by the Commandant.
    (2) 85 percent or more of the total vertical area of all the tank 
sides and swash bulkheads.
    (g) Each single nozzle COW machine that is mounted to the deck must 
have a means located outside of the cargo tank that indicates the arc 
and rotation of the movement of the COW machine during COW operations.
    (h) Each multi-nozzle COW machine that is mounted to the deck must 
have a means located outside of the cargo tank that indicates the 
movement of the COW machine during COW operations.
    (i) Each COW machine mounted to or close to the bottom of a tank 
without a means located outside of the cargo tank that indicates 
movement 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 by structural members 
other than large primary structural members or swash bulkheads can be 
calculated as areas being washed by direct impingement.
    2. One or more types of COW machines could be used to meet Sec. 
157.124 (e) or (f).

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR 
11627, Mar. 22, 1985]



Sec. 157.126  Pumps.

    (a) Crude oil must be supplied to the COW machines by COW system 
pumps or cargo pumps.
    (b) The pumps under paragraph (a) of this section must be designed 
and arranged with sufficient capacity to meet the following:
    (1) A sufficient pressure and flow is supplied to allow the 
simultaneous operation of those COW machines designed to operate 
simultaneously.
    (2) If an eductor is used for tank stripping, enough driving fluid 
is provided by the pumps to allow the eductor to meet Sec. 157.128(a).
    (c) There must be means on the tank vessel to maintain the pressure 
under paragraph (b) of this section when shore terminal back pressure is 
less

[[Page 481]]

than the pressure under paragraph (b) of this section.
    (d) The COW system must have two or more pumps that are capable of 
supplying oil to the COW machines.
    (e) The COW system must be designed to meet the requirements of this 
subpart with any one pump not operating.



Sec. 157.128  Stripping system.

    (a) Each tank vessel having a COW system under Sec. 157.10(e), 
Sec. 157.10a(a)(2), or Sec. 157.10c(b)(2) must have a stripping system 
that is designed to remove crude oil from--
    (1) Each cargo tank at 1.25 times the rate at which all the COW 
machines that are designed to simultaneously wash the bottom of the 
tank, are operating; and
    (2) The bottom of each tank to allow the tank vessel to pass the 
inspection under Sec. 157.140(a)(2).
    (b) Each cargo tank must be designed to allow the level of crude oil 
in the tank to be determined by:
    (1) Hand dipping at the aftermost portion of the tank and three 
other locations; or
    (2) Any other means accepted by the Commandant.
    (c) Each stripping system must have at least one of the following 
devices 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 between the 
device under paragraph (c) of this section and each cargo tank to 
isolate each tank from the device.
    (e) If the stripping system has a positive displacement pump or a 
self-priming centrifugal pump, the stripping system must have the 
following:
    (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 indicate 
operation of the pump.
    (i) Flow indicator.
    (ii) Stroke counter.
    (iii) Revolution counter.
    (f) If the stripping system has an eductor, the stripping system 
must have:
    (1) A pressure gauge at each driving fluid intake and at each 
discharge; and
    (2) A pressure/vacuum gauge at each suction intake.
    (g) The equipment required under paragraphs (e) and (f) of this 
section must have indicating devices in the cargo control room or 
another location that is accepted by the Commandant.

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 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 under Sec. 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 be capable of washing the cargo tanks with the 
grades of crude oil that the 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 under Sec. 157.10a(a)(2) or 
Sec. 157.10c(b)(2) without sufficient segregated ballast tanks or 
dedicated clean ballast tanks to allow the vessel to depart from any 
port in the United States without ballasting cargo tanks must have--
    (a) A means to discharge hydrocarbon vapors from each cargo tank 
that is ballasted to a cargo tank that is discharging crude oil; or
    (b) Any other means accepted by the Commandant that prevents 
hydrocarbon vapor emissions when the cargo tanks are ballasted in port.

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR 
11628, Mar. 22, 1985]



Sec. 157.134  Cargo tank drainage.

    Each cargo tank must be designed for longitudinal and transverse 
drainage of crude oil to allow the tank vessel to pass the inspections 
under Sec. 157.140.



Sec. 157.136  Two-way voice communications.

    Each tank vessel having a COW system under Sec. 157.10(e), Sec. 
157.10a(a)(2), or

[[Page 482]]

Sec. 157.10c(b)(2) must have a means that enables two-way voice 
communications between the main deck watch required under Sec. 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 Manual must 
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 the 
locations of pumps, piping, and COW machines.
    (3) A description of the COW system.
    (4) The procedure for the inspection of the COW system during COW 
operations.
    (5) Design characteristic information of the COW system that 
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 each COW 
machine.
    (iii) Pressure and flow of the stripping suction device.
    (iv) Number and location of COW machines operating simultaneously in 
each cargo tank.
    (6) The design oxygen content of the gas or mixture of gases that is 
supplied by the inert gas system to each cargo tank.
    (7) The results of the inspections recorded when passing the 
inspections under Sec. 157.140.
    (8) Characteristics of the COW system recorded during the COW 
operations when passing the inspections under Sec. 157.140 that 
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 each COW 
machine.
    (iii) Pressure and flow of the stripping device.
    (iv) Number and location of COW machines operating simultaneously in 
each cargo tank.
    (9) The oxygen content of the gas or mixture of gases that is 
supplied by the inert gas system to each cargo tank recorded during COW 
operations when passing the inspections under Sec. 157.140.
    (10) The volume of water used for water rinsing recorded during COW 
operations when passing the inspections under Sec. 157.140.
    (11) The trim conditions of the tank vessel recorded during COW 
operations 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 piping 
of the COW system, cargo system, and stripping system after each crude 
oil cargo discharge.
    (14) The procedure for crude oil washing cargo tanks that includes 
the following:
    (i) The tanks to be crude oil washed to meet Sec. 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 in each 
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 of crude 
oil from the COW system.
    (16) The procedures and equipment needed if leakage of crude oil 
from the COW system occurs.
    (17) The procedures for testing and inspecting the COW system for 
leakage of crude oil before operating the system.
    (18) The procedures and equipment needed to prevent leakage of crude 
oil from the steam heater under Sec. 157.122(i) to the engine 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 under paragraph 
(a)(19) of this section.

[[Page 483]]

    (21) The procedures for ballasting and deballasting cargo tanks.
    (22) The step by step procedure for the inspection of the COW system 
by vessel personnel before COW operations begin that includes the 
procedure for inspecting and calibrating each instrument. (Operational 
Checklist)
    (23) The intervals for on board inspection and maintenance of the 
COW equipment. Informational references to technical manuals supplied by 
the manufacturers may be included in this part of the manual.
    (24) A list of crude oils that are not to be used in COW operations.
    (25) The procedure to meet Sec. 157.155(a)(4).
    (b) In addition to meeting paragraph (a) of this section, each Crude 
Oil Washing Operations and Equipment Manual on a tank vessel having a 
COW system under Sec. 157.10a(a)(2) or Sec. 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 by CGD 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, the Coast Guard 
makes an initial inspection of each U.S. tank vessel having a COW system 
under Sec. 157.10(e), Sec. 157.10(a)(2), or Sec. 157.10c(b)(2) and 
each foreign tank vessel whose owner or operator submitted the plans 
under Sec. 157.102 to determine whether or not, when entering a port, 
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 acceptable to the Coast 
Guard inspector.
    (2) After the tanks that are to be used as ballast tanks when 
leaving the port are crude oil washed and stripped but not water rinsed 
or bottom flushed, they are filled with water and the total volume of 
crude oil floating on top of the water in these tanks is 0.085 percent 
or less of the total volume of these tanks.
    (b) Except on a tank vessel under Sec. 157.10(e), if the initial 
inspection under paragraph (a) of this section has been passed and the 
vessel arrives at the first cargo loading port after completing a 
ballast voyage, the Coast Guard monitors the discharge of effluent from 
those tanks that have been crude oil washed, water rinsed, stripped, and 
filled with ballast water to determine whether or not the oil content of 
the effluent is 15 ppm or less.

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 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, the Coast Guard 
issues to the tank vessel a letter that states that the vessel 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 same plans, 
the owner or operator may submit a written request to the Commandant 
(CG-543), U.S. Coast Guard, 2100 2nd St. SW., Stop 7581, Washington, DC 
20593-7581, for only one of those tank vessels to be inspected under 
Sec. 157.140.
    (b) Only one tank vessel of the class is inspected under Sec. 
157.140, if the Commandant accepts the request submitted under paragraph 
(a) of this section.

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR 
11630, Mar. 22, 1985; CGD 88-052, 53 FR 25122, July 1, 1988; CGD 96-026, 
61 FR 33668, June 28, 1996; USCG-2010-0351, 75 FR 36286, June 25, 2010]



Sec. 157.146  Similar tank design: Inspections on U.S. tank vessels.

    (a) If a U.S. tank vessel has tanks similar in dimensions and 
internal structure, the owner or operator may submit a written request 
to the Officer in Charge, Marine Inspection, of the zone in which the 
COW system is inspected, for only one of those tanks to be inspected 
under Sec. 157.140(a)(1).

[[Page 484]]

    (b) Only one tank of a group of tanks similar in dimensions and 
internal structure is inspected under Sec. 157.140(a)(1), if the 
Officer in Charge, Marine Inspection, accepts the request submitted 
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 and 
internal structure, the owner or operator may submit a written request 
to the Commandant (CG-543), U.S. Coast Guard, 2100 2nd St. SW., Stop 
7581, Washington, DC 20593-7581, for only one of those tanks to be 
inspected under Sec. 157.140(a)(1).
    (b) Only one tank of a group of tanks similar in dimensions and 
internal structure is inspected under 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 by CGD 82-28, 50 FR 
11630, Mar. 22, 1985; CGD 88-052, 53 FR 25122, July 1, 1988; CGD 96-026, 
61 FR 33668, June 28, 1996; USCG-2010-0351, 75 FR 36286, June 25, 2010]



Sec. 157.148  COW system: Evidence for inspections.

    (a) Before the inspections under Sec. 157.140 are conducted by the 
Coast Guard, the owner or operator of a foreign tank vessel that is to 
be inspected must submit to the Coast Guard inspector evidence that the 
COW system has been installed in accordance with the plans accepted 
under Sec. 157.106.
    (b) Before the inspections under Sec. 157.140 are conducted by the 
Coast Guard, the owner or operator of a tank vessel that is to be 
inspected must submit to the Coast Guard inspector evidence that the COW 
piping system has passed a test of 1\1/2\ times the design working 
pressure.



Sec. 157.150  Crude Oil Washing Operations and Equipment Manual: Recording 

information after inspections.

    After passing the inspections under Sec. 157.140, the owner, 
operator, and master shall ensure that the following are recorded in the 
Crude Oil Washing Operations and Equipment Manual approved under Sec. 
157.112:
    (a) The results of the inspections under Sec. 157.140.
    (b) The following characteristics used to pass the inspections under 
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 each COW 
machine.
    (3) Pressure and flow of the stripping suction device.
    (4) Number and location of COW machines operating simultaneously in 
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 COW system 
under Sec. 157.10(e), Sec. 157.10(a)(2), or Sec. 157.10c(b)(2) shall 
ensure that the person designated as the person in charge of COW 
operations--
    (a) Knows the contents in the Crude Oil Washing Operations and 
Equipment Manual approved by the Coast Guard under Sec. 157.112 or by 
the government of the vessel's flag state;
    (b) On at least two occasions, has participated in crude oil washing 
of cargo tanks, one of those occasions occurring on:
    (1) The tank vessel on which the person assumes duties as the person 
in charge of COW operations; or
    (2) A tank vessel that is similar in tank design and which has COW 
equipment similar to that used on the tank vessel on which the person 
assumes duties as the person in charge of COW operations; and
    (c) Has one year or more of tank vessel duty that includes oil cargo 
discharge operations and:
    (1) Crude oil washing of cargo tanks; or
    (2) Has completed a training program in crude oil washing operations 
that is approved by the Coast Guard or the government of the vessel's 
flag state.


[[Page 485]]


    Note: Standards of a Coast Guard approved training program are to be 
developed.

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR 
11628, Mar. 22, 1985]



Sec. 157.154  Assistant personnel.

    The owner, operator, and master of a tank vessel having a COW system 
under Sec. 157.10(e), Sec. 157.10a(a)(2), or Sec. 157.10c(b)(2) shall 
ensure that each member of the crew that has a designated responsibility 
during COW operations--
    (a) Has six months or more of tank vessel duty that includes oil 
cargo 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 Washing 
Operations and Equipment Manual approved by the Coast Guard under Sec. 
157.112 or by the government of the vessel's flag state.

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 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 under Sec. 
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 tank 
with crude oil that is used as a source for crude oil washing is lowered 
at least one meter;
    (2) A tank used as a slop tank is not used as a source for crude oil 
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 the 
bottom of each cargo tank is verified by:
    (i) A visual inspection of a means located outside of the cargo tank 
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 fluid 
flowing through the machine;
    (5) During the audio inspection under paragraph (a)(4)(ii) of this 
section, the COW machine being inspected is the only one operating in 
that tank;
    (6) Before the inspection under paragraph (a)(4)(iii) of this 
section, the tank that has the COW machine being inspected in it, is gas 
freed;
    (7) Each COW machine that is inspected under paragraph (a)(4)(iii) 
of this section is inspected at least once after every sixth COW 
operation 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 stripping 
suction;
    (9) Before the tank vessel begins each ballast voyage, each cargo 
tank and each cargo main, stripping, and COW piping is stripped of crude 
oil and the strippings are conveyed ashore through the piping under 
Sec. Sec. 157.11(d)(3) or 157.11(e)(4);
    (10) Before water washing the cargo tanks, the piping of the COW 
system is drained of crude oil;
    (11) When the cargo tanks are not being water washed, the hydrant 
valves under Sec. 157.122(g) are blanked off;
    (12) If COW machines that are used as anchors for the piping of the 
COW system are removed, the means available under Sec. 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 under Sec. 
157.122(o) are used, those hoses are protectively stowed when not 
installed in the COW piping system.
    (b) In addition to meeting paragraph (a) of this section, the master 
of a tank vessel having a COW system under Sec. 157.10a(a)(2) or Sec. 
157.10c(b)(2) shall ensure that--
    (1) Before ballasting cargo tanks upon leaving a port, each cargo 
pump, manifold, and piping that is used for ballasting the cargo tanks 
is drained of all crude oil; and

[[Page 486]]

    (2) Before ballasting or deballasting cargo tanks, except when 
ballasting cargo tanks to leave a port, the cargo piping that is used 
for ballasting or deballasting the cargo tanks is water washed.

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 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 a foreign tank 
vessel having a COW system under Sec. Sec. 157.10(e), 157.10a(a)(2), or 
157.10c(b)(2) that has the Crude Oil Washing Operations and Equipment 
Manual approved under Sec. 157.112 and is operating in the navigable 
waters of the United States or transferring cargo at a port or place 
subject to the jurisdiction of the United States and the master of a 
U.S. tank vessel having a COW system under Sec. 157.10(e), Sec. 
157.10a(a)(2), or Sec. 157.10c(b)(2) shall ensure that during each COW 
operation--
    (a) The procedures listed in the Crude Oil Washing Operations and 
Equipment Manual are followed; and
    (b) The characteristics recorded in the Crude Oil Washing Operations 
and Equipment Manual under Sec. 157.150(b) are met.

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 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 not meet 
those recorded under Sec. 157.150(b) only if:
    (a) The tank vessel passes the inspections under Sec. 157.140 using 
the changed characteristics;
    (b) The changed characteristics used to pass the inspections under 
Sec. 157.140 are recorded in the Crude Oil Washing Operations and 
Equipment Manual approved under Sec. 157.112; and
    (c) The Coast Guard issues to the tank vessel an amending letter 
stating that the tank vessel complies with this subpart with these 
characteristics.



Sec. 157.160  Tanks: Ballasting and crude oil washing.

    (a) The owner, operator, and master of a tank vessel under Sec. 
157.10(e) shall ensure that:
    (1) Ballast water is carried in a cargo tank only as allowed under 
Sec. 157.35;
    (2) For oil cargo residue control, at least 25 percent of the cargo 
tanks are crude oil washed before each ballast voyage and that each 
cargo tank is crude oil washed at least once every fourth time crude oil 
is discharged from the tank, but no tank need be crude oil washed more 
than once during each 120 day period;
    (3) Ballast water in a cargo tank that is crude oil washed but not 
water rinsed during or after the most recent discharge of crude oil from 
that tank is discharged in accordance with Sec. 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 COW 
system 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 crude oil 
washed during or after the most recent discharge of crude oil from that 
tank;
    (2) Before each ballast voyage a sufficient number of cargo tanks 
have been crude oil washed during or after the most recent discharge of 
crude oil from those tanks to allow ballast water to be carried in cargo 
tanks:
    (i) With a total capacity to meet the draft and trim requirements in 
Sec. 157.10a(d); and
    (ii) For the vessel's trading pattern and expected weather 
conditions;
    (3) For oil cargo residue control, at least 25 percent of the cargo 
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 every fourth time 
crude oil is discharged from the tank, but no tank need be crude 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 not 
water rinsed during or after the most recent

[[Page 487]]

discharge of crude oil from that tank is discharged in accordance with 
Sec. 157.37(a).

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 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 under Sec. 
157.10(e), Sec. 157.10a(a)(2), or Sec. 157.10c(b)(2) shall ensure that 
each cargo tank that is crude oil washed during a voyage other than a 
ballast voyage--
    (a) Remains empty so that the tank may be inspected upon arrival at 
the next discharge port; and
    (b) If it is to be used as a ballast tank when leaving the discharge 
port, is ballasted before the vessel departs from that discharge port so 
that the tank may be inspected under Sec. 157.140(a)(2).

[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 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 under Sec. 
157.10(e), Sec. 157.10a(a)(2), or Sec. 157.10c(b)(2) shall ensure the 
following:
    (1) Before each cargo tank is crude oil washed, the oxygen content 
in the tank is measured at each of the following locations in the tank:
    (i) One meter from the deck.
    (ii) In the center of the ullage space.
    (2) Before each cargo tank with partial bulkheads is crude oil 
washed, each area of that tank formed by each partial bulkhead is 
measured in accordance with paragraph (a)(1) of this section.
    (3) Before each cargo tank is crude oil washed, the oxygen content 
in that tank is 8 percent or less by volume at the locations under 
paragraph (a)(1) of this section.
    (4) During COW operations, the following are maintained in each 
cargo tank being crude oil washed:
    (i) A gas or a mixture of gases with an oxygen content of 8 percent 
or less by volume.
    (ii) A positive atmospheric pressure.
    (5) During COW operations, a crew member monitors the 
instrumentation under 46 CFR 32.53-60(a)(1), except if that 
instrumentation has an alarm that sounds in the cargo control room when 
the oxygen content exceeds 8 percent by volume.
    (b) Crude oil washing of the cargo tanks must be terminated when 
paragraph (a)(4) of this section is not met and crude oil washing of 
that 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 by CGD 82-28, 50 FR 
11628, Mar. 22, 1985]



Sec. 157.166  Hydrocarbon emissions.

    If the tank vessel having a COW system under Sec. 157.10a(a)(2) or 
Sec. 157.10c(b)(2) transfers cargo at a port in the United States that 
is in an area designated in 40 CFR part 81 as an area that does not meet 
the national primary ambient air quality ozone standard under 40 CFR 
part 50, issued under the Clean Air Act, as amended (42 U.S.C. 1857), 
the master of the vessel shall ensure that when cargo tanks are 
ballasted in that port the hydrocarbon vapors in each tank are contained 
by a means under Sec. 157.132.

    Note: Questions relating to whether or not a particular port is 
located in an area designated in 40 CFR part 81 as an area that does not 
meet the national primary ambient air quality standard under 40 CFR part 
50 should be directed to the Plans Analysis Section of the Environmental 
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 one 
member of the crew with a designated responsibility for monitoring COW 
operations 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

[[Page 488]]

    (2) The tank opening is sealed by a secured plate made of steel or 
an equivalent material accepted by the Commandant.
    (b) If the equipment for the COW system is removed from a cargo tank 
for the carriage of cargoes other than crude oil and then reinstalled, 
the master shall ensure that, before COW operations are conducted, 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 meeting Sec. 157.10a(a)(2) or 
Sec. 157.10c(b)(2) does not have segregated ballast tanks or dedicated 
clean ballast tanks that meet Sec. 157.10c(c)(2), the owner, operator, 
and master shall ensure that the vessel carries only the grades of crude 
oil that can be used for crude oil washing.

[CGD 82-28, 50 FR 11628, Mar. 22, 1985]



         Subpart E_Dedicated Clean Ballast Tanks on Tank Vessels

    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 meet Sec. 
157.10a(b), Sec. 157.10b(a)(2), Sec. 157.10a(c)(2), or Sec. 
157.10c(c)(2), the owner or operator must submit to the Coast Guard 
plans or documents that include the following:
    (1) The dedicated clean ballast tank arrangement.
    (2) Documentation, calculations, or revised stability information to 
show that the vessel, with the addition of the dedicated clean ballast 
tanks, meets the stability standards for load line assignment in 46 CFR 
part 42.
    (3) Documentation, calculations, or a loading manual to show that 
the 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 the 
dedicated clean ballast tanks.
    (b) Plans under paragraph (a) of this section must be submitted to 
the Officer in Charge, Marine Inspection, of the zone in which the 
dedicated clean ballast tank system is installed or to the Commanding 
Officer, U.S. Coast Guard Marine Safety Center, 2100 2nd St. SW., Stop 
7102, Washington, DC 20593-7102.

(Reporting and Recordkeeping requirements approved by the Office of 
Management and Budget under control number 1625-0036)

[CGD 77-058b, 45 FR 43714, June 30, 1980, as amended by CGD 79-152, 45 
FR 82250, Dec. 15, 1980; CGD 82-28, 50 FR 11628, 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; USCG-2010-0351, 75 FR 36286, June 
25, 2010]



Sec. 157.202  Plans and documents for foreign tank vessels: Submission.

    The owner or operator of a foreign tank vessel under Sec. 
150.10a(b), Sec. 157.10a(c)(2), or Sec. 157.10b(a)(2) who desires the 
letter from the Coast Guard under Sec. 157.204 accepting the plans 
submitted under this paragraph, and the owner or operator of a foreign 
tank vessel under 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 the 
dedicated clean ballast tanks; and
    (b) Documentation from the authority that assigned the load line to 
the tank vessel that states that the location of the dedicated clean 
ballast tanks is acceptable to that authority.

[CGD 77-058b, 45 FR 43714, June 30, 1980, as amended by CGD 82-28, 50 FR 
11629, Mar. 22, 1985; CGD 88-052, 53 FR 25122, 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 plans 
submitted under Sec. 157.200 or the plans and documents submitted under 
Sec. 157.202 are accepted, if the plans submitted under Sec. 157.200 
or the plans and documents submitted under Sec. 157.202 show

[[Page 489]]

that the dedicated clean ballast tank system meets this subpart.



Sec. 157.206  Dedicated Clean Ballast Tanks Operations Manual for U.S. tank 

vessels: Submission.

    The owner or operator of a U.S. tank vessel meeting Sec. 
157.10a(b), Sec. 157.10a(c)(2), Sec. 157.10b(a)(2), or Sec. 
157.10c(c)(2) must submit two copies of a manual that meets Sec. 
157.224 to the Officer in Charge, Marine Inspection, of the zone in 
which the dedicated clean ballast tank system is installed or to the 
appropriate Coast Guard field technical office listed in Sec. 
157.200(b).

(Reporting and Recordkeeping requirements approved by the Office of 
Management and Budget under control number 1625-0036)

[CGD 82-28, 50 FR 11629, and 11630, Mar. 22, 1985, as amended by USCG-
2006-25150, 71 FR 39210, July 12, 2006]



Sec. 157.208  Dedicated Clean Ballast Tanks Operations Manual for foreign tank 

vessels: Submission.

    If the owner or operator of a foreign tank vessel meeting Sec. 
157.10a(b), Sec. 157.10a(c)(2), Sec. 157.10b(a)(2), or Sec. 
157.10c(c)(2) desires a Coast Guard approved Dedicated Clean Ballast 
Tanks Operations Manual under Sec. 157.210, the owner or operator must 
submit two copies of a manual that meets Sec. 157.224 to the Commandant 
(CG-543), U.S. Coast Guard, 2100 2nd St. SW., Stop 7581, Washington, DC 
20593-7581.

(Reporting and Recordkeeping requirements approved by the Office of 
Management and Budget under control number 1625-0036)

[CGD 82-28, 50 FR 11629, and 11630, Mar. 22, 1985, as amended by CGD 88-
052, 53 FR 25122, July 1, 1988; CGD 96-026, 61 FR 33668, June 28, 1996; 
USCG-2006-25150, 71 FR 39210, July 12, 2006; USCG-2010-0351, 75 FR 
36286, June 25, 2010]



Sec. 157.210  Approved Dedicated Clean Ballast Tanks Operations Manual.

    If the manuals submitted under Sec. 157.206 or Sec. 157.208 meet 
Sec. 157.224, the Coast Guard approves the manuals and forwards one of 
the approved manuals to the submitter.



Sec. 157.212  Dedicated Clean Ballast Tanks Operations Manual: Not approved.

    If the Dedicated Clean Ballast Tanks Operations Manual submitted 
under Sec. 157.206 or Sec. 157.208 is not approved, the Coast Guard 
forwards a letter to the submitter with the 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 meeting Sec. 
157.10a(b), Sec. 157.10a(c)(2), Sec. 157.10b(a)(2), or Sec. 
157.10c(c)(2) shall ensure that the vessel does not engage in a voyage 
unless the vessel has on board--
    (a) The letter under Sec. 157.204 accepting the dedicated clean 
ballast tank system plans;
    (b) The Coast Guard approved Dedicated Clean Ballast Tanks 
Operations Manual under Sec. 157.210; and
    (c) Any amending letters issued under Sec. 157.218 approving 
alterations.

(Reporting and Recordkeeping requirements approved by the Office of 
Management and Budget under control number 1625-0036)

[CGD 77-058b, 45 FR 43714, June 30, 1980, as amended by CGD 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 vessel meeting 
Sec. 157.10a(b), Sec. 157.10a(c)(2), Sec. 157.10b(a)(2), or Sec. 
157.10c(c)(2) shall ensure that the vessel does not enter the navigable 
waters of the United States or transfer cargo at a port or place subject 
to the jurisdiction of the United States unless the vessel has on 
board--
    (1) The Dedicated Clean Ballast Tank Operations Manual that--
    (i) Is approved under Sec. 157.210; or
    (ii) Is certified by the government of the vessel's flag state 
because it meets the manual standards in Resolution 14 of the MARPOL 73/
78; and
    (2) Either of the following:
    (i) A letter from the government of the vessel's flag state that 
certifies that the vessel complies with Resolution 14 of the MARPOL 73/
78.

[[Page 490]]

    (ii) The letter of acceptance under Sec. 157.204 and each amending 
letter issued under Sec. 157.218(c).
    (b) On January 1, 1986, or 15 years after the date it was delivered 
to the original owner or 15 years after the completion of a major 
conversion, whichever is later, the owner, operator, and master of a 
foreign tank vessel under Sec. 157.10c(c)(2) shall ensure that the 
vessel does not enter the navigable waters of the United States or 
transfer cargo at a port or place subject to the jurisdiction of the 
United States unless the vessel has on board--
    (1) The Dedicated Clean Ballast Tank Operations Manual that--
    (i) Is approved under Sec. 157.210; or
    (ii) Bears a certification by an authorized CS or the government of 
the vessel's flag state that the manual meets Sec. 157.224; and
    (2) Either of the following:
    (i) A letter from an authorized CS or the government of the vessel's 
flag state certifying the vessel complies with Sec. Sec. 157.220 and 
157.222, and any amending letters issued approviding alterations.
    (ii) The letter of acceptance under Sec. 157.204 and each amending 
letter issued under Sec. 157.218.

(Reporting and Recordkeeping requirements approved by the Office 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 vessel that 
has a letter issued under Sec. 157.204 may not be altered so that they 
no longer meet the plans accepted under that section unless:
    (a) The owner or operator of that vessel submits plans that show the 
alterations to the Coast Guard official to which the plans were 
submitted under Sec. 157.200 or Sec. 157.202;
    (b) The owner or operator of that vessel submits changes to the 
manual under Sec. 157.224 that show and describe the alterations to the 
Coast Guard official to which the manuals were submitted under Sec. 
157.206 or Sec. 157.208; and
    (c) The Coast Guard issues to the tank vessel an amending letter 
stating 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 ballast tanks 
must allow the tank vessel to meet the draft and trim requirements 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 by CGD 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 least 
practicable:
    (1) Number of pumps; and
    (2) Amount of piping.
    (b) Each piping system that is arranged to convey clean ballast and 
cargo must be designed to be flushed to the slop tank with water.
    (c) The piping system of each dedicated clean ballast tank must be 
arranged so that oily water does not enter any dedicated clean ballast 
tank when the piping system is flushed.
    (d) The piping system of each dedicated clean ballast tank must have 
at least two valves that isolate that tank from each cargo tank.
    (e) The piping system of the dedicated clean ballast tanks must have 
a sample point that is located in a vertical section of discharge 
piping.

    Note: An example of a sample point is shown in 46 CFR Figure 
162.050-17(e).



Sec. 157.224  Dedicated Clean Ballast Tanks Operations Manual.

    Each Dedicated Clean Ballast Tanks Operations Manual must include 
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.

[[Page 491]]

    (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 by USCG-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), or Sec. 157.10c(c)(2) shall ensure 
that--
    (a) Before clean ballast in any dedicated clean ballast tank is 
discharged or transferred, the pump and piping system for conveying the 
clean ballast are flushed with water;
    (b) Before any dedicated clean ballast tank is ballasted, the pump 
and piping system for conveying the ballast are flushed with water;
    (c) Before the pump and piping system of the dedicated clean ballast 
tanks are used for cargo transfer:
    (1) If water in the dedicated clean ballast tanks is used for 
flushing the pump and piping system, the volume of water for flushing is 
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 clean 
ballast tank through the pump and piping system of the dedicated clean 
ballast tanks and then to a slop tank;
    (e) Clean ballast from each dedicated clean ballast tank is 
discharged 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 is 
monitored; and
    (2) The pump and piping system are flushed until the oil content of 
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, that 
pump or piping system is flushed again to meet paragraph (f) of this 
section before being used to convey clean ballast.

[CGD 77-058b, 45 FR 43714, June 30, 1980, as amended by CGD 82-28, 50 FR 
11629, Mar. 22, 1985]



Sec. 157.226  Dedicated Clean Ballast Tanks Operations Manual: Procedures to 

be followed.

    The master of a foreign tank vessel meeting Sec. 157.10a(b), Sec. 
157.10a(c)(2), Sec. 157.10b(a)(2), or Sec. 157.10c(c)(2) that has the 
Dedicated Clean Ballast Tanks Operations Manual approved under Sec. 
157.210 and is operating in the navigable waters of the United States or 
transferring cargo at a port or place subject to the jurisdiction of the 
United States and the master of a U.S. tank vessel meeting Sec. 
157.10a(b), Sec. 157.10a(c)(2), Sec. 157.10b(a), or Sec. 
157.10c(c)(1) shall ensure that the procedure listed in the Dedicated 
Clean Ballast Tanks 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 under Sec. 157.10a(b), 
Sec. 157.10a(c)(2), Sec. 157.10b(a)(2), or Sec. 157.10c(c)(2) shall 
ensure that the valves under Sec. 157.222(d) remain closed during each 
voyage.
    (b) The master of each foreign tank vessel meeting Sec. 157.10a(b), 
Sec. 157.10a(c)(2), Sec. 157.10b(a)(2), or Sec. 157.10c(c)(2) shall 
ensure that the valves under Sec. 157.222(d) remain closed when the 
vessel is on a voyage in the navigable waters of the United States.

[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 or Sec. 157.10c of this part 
may qualify for an exemption from the requirements of Sec. 157.10a or 
Sec. 157.10c of this part if--
    (1) The vessel loads and discharges cargo only at ports or places 
within the

[[Page 492]]

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 not 
granted an exemption under this subpart if a previous exemption for the 
vessel has been revoked by the Coast Guard under Sec. 157.308(a)(1) or 
Sec. 157.308 (a)(2).

[CGD 79-126, 46 FR 3513, Jan. 15, 1981, as amended by CGD 82-28, 50 FR 
11630, Mar. 22, 1985]



Sec. 157.302  Applying for an exemption or requesting modification of an 

exemption.

    (a) Each application for an exemption or modification must be in 
writing and submitted to the Commandant (CG-543), U.S. Coast Guard, 2100 
2nd St. SW., Stop 7581, Washington, DC 20593-7581.
    (b) Each application for exemption must include the following: (1) 
The name and official number of the vessel for which the exemption is 
requested.
    (2) A list of each port or place where the vessel would load cargo.
    (3) The name, address, and telephone number for each shore-based 
reception facility at each port listed under paragraph (b)(2) of this 
section where the vessel would discharge its ballast water and oil cargo 
residues, including:
    (i) The name or title of the person at each facility who should be 
contacted for information concerning the operation of the reception 
facility; and
    (ii) A statement from the facility owner disclosing whether or not, 
based on current operating conditions, the facility has the capability 
of processing the anticipated volume and type of discharges from the 
vessel without adversely affecting the service of the facility to 
current users.
    (4) The number of the permit under the National Pollutant Discharge 
Elimination System (NPDES permit) issued to each listed shore-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 would discharge 
ballast water and oil cargo residues to each listed shore based 
reception facility.
    (c) Each request for modification to an exemption must include the 
following:
    (1) The name and official number of the vessel for which the 
modification to the exemption is requested.
    (2) The reason for requesting modification of the exemption.
    (3) Any additional information which is pertinent to the 
modification.

[CGD 79-126, 46 FR 3513, Jan. 15, 1981, as amended by CGD 82-28, 50 FR 
11630, Mar. 22, 1985; CGD 88-052, 53 FR 25122, July 1, 1988; CGD 96-026, 
61 FR 33668, June 28, 1996; USCG-2000-7641, 66 FR 55573, Nov. 2, 2001; 
USCG-2010-0351, 75 FR 36286, June 25, 2010]



Sec. 157.304  Shore-based reception facility: standards.

    No shore-based reception facility may be listed to meet Sec. 
157.302(b)(3) unless that reception facility has:
    (a) A valid NPDES permit which allows it to process the ballast 
water and oil cargo residues of the vessel for which the exemption is 
being requested; and
    (b) The capacity to receive and store a volume of dirty ballast 
water equivalent to 30 percent of the deadweight, less the segregated 
ballast volume, of the vessel for which the exemption is being 
requested.

[CGD 79-126, 46 FR 3513, Jan. 15, 1981, as amended by USCG-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 and 
Environmental Protection issues a written decision concerning the grant 
or denial of each exemption or modification requested under Sec. 
157.302.
    (b) If the exemption or request for modification is denied, the 
decision under paragraph (a) of this section includes the reasons for 
the denial.
    (c) Any person directly affected by, and not satisfied with, a 
decision made under paragraph (a) of this section may appeal that 
decision, in writing, to the Commandant (CG-543), U.S Coast Guard, 2100 
2nd St. SW., Stop 7581, Washington, DC 20593-7581. The appeal may 
contain any supporting documentation or evidence that the appellant 
wishes to have considered.

[[Page 493]]

    (d) The Commandant, U.S. Coast Guard issues a ruling after reviewing 
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 by CGD 88-052, 53 FR 
25122, July 1, 1988; CGD 96-026, 61 FR 33668, June 28, 1996; CGD 97-023, 
62 FR 33364, June 19, 1997; USCG-2002-12471, 67 FR 41333, June 18, 2002; 
USCG-2010-0351, 75 FR 36286, June 25, 2010]



Sec. 157.308  Revocation of exemption: procedure and appeals.

    (a) The Officer in Charge, Marine Inspection may consider the 
revocation 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 master 
has failed to comply with the requirements of this subpart; or
    (3) There have been changes to the NPDES permit of a reception 
facility listed to meet Sec. 157.304(b)(3) that would adversely affect 
the ability of that facility to process the vessel's discharges.
    (b) The Officer in Charge, Marine Inspection, of the zone in which 
an occurrence under paragraph (a)(2) or (a)(3) of this section takes 
place notifies the owner, operator, and master of the exempted vessel of 
the specific reasons for considering the revocation of the exemption.
    (c) Evidence or arguments for the retention of the exemption that 
are submitted to the Officer in Charge, Marine Inspection within thirty 
days of receipt of the notice under paragraph (b) of this section will 
be considered before a ruling is made.
    (d) If the owner is not satisfied with the ruling made under this 
section by the Officer in Charge, Marine Inspection, that ruling may be 
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 been granted 
an exemption under this subpart must ensure that:
    (a) The vessel trades only between ports or places within the United 
States, its territories or possessions;
    (b) The vessel loads cargo only at ports or places listed in the 
exemption;
    (c) Except as allowed under Sec. 157.41 (a) and (b) of this part, 
any ballast water, except segregated ballast discharged in accordance 
with Sec. 157.43(b) of this part, and any tank washing or oil cargo 
residues are:
    (1) Retained on board; or
    (2) Transferred to a shore-based reception facility that is listed 
in the application for exemption, or in the case of an emergency or a 
shipyard entry, an alternative acceptable to the cognizant Officer in 
Charge, Marine Inspection;
    (d) The vessel loads only those cargoes listed in the exemption; and
    (e) The letter under Sec. 157.306 that grants the exemption is on 
board the vessel; or
    (f) The certificate of inspection bearing the following endorsement 
is on board the vessel:

Exempted under 33 CFR 157.306 from the requirements of (33 CFR 157.10a 
or 157.10c, whichever is appropriate, will be inserted). This vessel may 
not discharge cargo in any foreign port, nor may it load cargo in a port 
other than the following: (a list of ports contained in the application 
that is accepted by the Coast Guard for the exempted vessel will be 
inserted here).

[CGD 79-126, 46 FR 3513, Jan. 15, 1981, as amended by CGD 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 Without Double 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 safety and 
operational requirements to reduce environmental damage resulting from 
petroleum oil spills.

[[Page 494]]

    (b) This subpart applies to each tank vessel specified in Sec. 
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 meeting Sec. 157.10d of this 
part, or an equivalent to the requirements of Sec. 157.10d, but 
required to be equipped with 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 by USCG-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 the 
equipment listed in paragraphs (a), (b), and (c) of this section. This 
equipment shall be located on the main deck, in the cargo control room, 
in the pump room, or in the forecastle locker. This equipment must be 
protected from the weather and must be stored in one separate and marked 
location which is as convenient to the cargo manifold, as is 
practicable.
    (a) Reducers, adapters, bolts, washers, nuts, and gaskets to allow 
at least two simultaneous transfer connections to be made from the 
vessel's cargo manifold to 15-centimeter (6-inch), 20-centimeter (8-
inch), and 25-centimeter (10-inch) cargo hoses. All reducers must be 
permanently marked with sizes.
    (b) One extra set of adapters, bolts, washers, nuts, and gaskets per 
reducer set must be carried as spares.
    (c) Reducers, bolts, and gaskets must meet the requirements of 46 
CFR 56.25. Cast iron and malleable iron must not be used.

[CGD 91-045, 59 FR 40188, Aug. 5, 1994, as amended by CGD 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 operator 
shall provide written policy and procedures to masters and officers in 
charge of the navigational watch concerning the need for continuously 
reassessing how bridge-watch resources are being allocated and used, 
based on bridge resource management principles. This written policy and 
procedures must include vessel and crew specific examples that address 
the following:
    (1) The number of qualified individuals that should be on watch to 
ensure that all duties can be performed effectively.
    (2) The appropriate qualifications of all members of the 
navigational watch, the importance of confirming that all members of the 
watch are fit for duty, and the need to ensure that all members of the 
navigational watch are not impaired by fatigue.
    (3) The need to take into account any known limitation in 
qualifications or fitness of individuals when making navigational and 
operational decisions.
    (4) The need to be clear and unambiguous in assigning duties and the 
need to establish that the individual understands his or her 
responsibilities.
    (5) The need to perform tasks in a clear order of priority and to 
adjust the priority of tasks as circumstances may require.
    (6) The importance of assigning and reassigning members of the watch 
to locations where they can perform their duties most effectively.
    (7) Conditions that warrant task reassignment among members of the 
watch.
    (8) The instruments and equipment necessary for the effective 
performance of each task and appropriate actions if the instruments and 
equipment are not available or not functioning properly.
    (9) The need for, and examples of, clear, immediate, reliable, and 
relevant communication among members of the navigational watch.
    (10) The action to be taken to suppress, remove, and avoid 
nonessential activity and distractions on the bridge.
    (11) The importance of collecting, processing, and interpreting all 
essential information and making it conveniently available to other 
members of the navigational watch and the pilot, as necessary to perform 
their duties.
    (12) The need to ensure that nonessential materials are not placed 
on the bridge.
    (13) The need to ensure that members of the navigational watch are 
prepared to respond at all times efficiently and

[[Page 495]]

effectively to changes in circumstances.
    (b) Beginning not later than February 1, 1997, a tank barge owner or 
operator shall not permit the barge to be towed unless those individuals 
assigned to duties that are similar to the duties of the officer in 
charge of a navigational watch on the primary towing vessel have been 
provided written bridge resource management policy and procedures 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 a 
tankship shall provide written policy and procedures to masters 
concerning the need for each individual who is newly employed on board 
the vessel to have a reasonable opportunity to become familiar with the 
shipboard equipment, operating procedures, and other arrangements needed 
for the proper performance of their duties, before being assigned to 
such duties. This written policy and procedures shall be followed by the 
master and shall include the following:
    (1) Allocation of a reasonable and appropriate time period for each 
newly employed individual to allow him or her the opportunity to become 
acquainted with the following:
    (i) The specific equipment the individual will be using or 
operating; and
    (ii) The vessel specific watchkeeping, safety, environmental 
protection, and emergency procedures and arrangements the individual 
needs to know to perform the assigned duties properly.
    (2) Designation of a knowledgeable crew member who will be 
responsible for ensuring that an opportunity is provided to each newly 
employed individual to receive essential information in a language the 
individual understands.
    (b) Beginning not later than February 1, 1997, a tank barge owner or 
operator shall not permit the barge to be towed unless those individuals 
assigned to duties as master or operator on the primary towing vessel 
have been provided written policy and procedures as specified 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 drydock 
examination and continuing as required under 46 CFR part 31, or, for 
each foreign flagged tank vessel, beginning at the next drydock and 
continuing 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 the 
standards of IMO Resolution A.744(18), 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;
    (b) Implement a vessel specific survey program that provides a level 
of protection equivalent to the requirements in paragraph (a)(1) of this 
section and is approved by the Commandant (CG-543). A written request 
for program equivalency under this paragraph must be submitted to 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 carrying product, 
or a tank barge, implement an enhanced survey program that--
    (1) Includes oversight of the program by the Coast Guard, the 
vessel's flag administration, an authorized classification society as 
described in Sec. 157.04 of this part, or a licensed professional 
engineer;
    (2) Has the frequency of survey which is no less than the 
inspections required by 46 CFR subpart 31.10;
    (3) Has survey scope and recordkeeping requirements that are 
comparable to the requirements of paragraph (a)(1) of this section; and
    (4) Includes keeping a copy of the most recent survey on board the 
vessel or, upon request by the Coast Guard, making the surveys available 
within 24 hours for examination.

[CGD 91-045, 61 FR 39789, July 30, 1996]

[[Page 496]]



Sec. 157.435  Vital systems surveys.

    (a) A tank vessel owner or operator shall ensure that surveys of the 
following systems are conducted:
    (1) Cargo systems. The survey must include the examination and 
testing of the items listed in chapters 6, 7, and 10 of the 
International Safety Guide for Oil Tankers and Terminals, if applicable, 
prior to cargo transfer operations.
    (2) Mooring systems. The survey must include a visual examination 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 about 
the equipment operating parameters and having the authority, capability, 
and responsibility to initiate corrective action when the equipment is 
not functioning properly.
    (c) The results of the survey required in paragraph (a) of this 
section, including the material condition of each system, must be 
recorded 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 installed 
autopilot unit without automatic manual override has an audible and 
visual alarm, which is distinct from other required bridge alarms, that 
will activate if the helm is manually moved while the autopilot is 
engaged.
    (b) A tank barge owner or operator shall ensure that each autopilot 
unit without automatic manual override installed on the primary towing 
vessel has a means to clearly indicate the autopilot status and warns 
personnel of the requirement to disengage the autopilot 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 maneuvering tests 
in accordance with IMO Resolution A.751(18), sections 1.2, 2.3-2.4, 3-
4.2, and 5 (with Explanatory Notes in MSC/Circ.644) have been conducted 
by July 29, 1997. Completion of maneuvering performance tests must be 
shown by--
    (1) For a foreign flag tankship, a letter from the flag 
administration or an authorized classification society, as described in 
Sec. 157.04 of this part, stating the requirements in paragraph (a) of 
this section have been met; or
    (2) For a U.S. flag tankship, results from the vessel owner 
confirming the completion of the tests or a letter from an authorized 
classification society, as described in Sec. 157.04 of this part, 
stating the requirements in paragraph (a) of this section have been met.
    (b) If a tankship undergoes a major conversion or alteration 
affecting the control systems, control surfaces, propulsion system, or 
other areas which may be expected to alter maneuvering performance, the 
tankship owner or operator shall ensure that new maneuvering tests are 
conducted as required by paragraph (a) of this section.
    (c) If a tankship is one of a class of vessels with identical 
propulsion, steering, hydrodynamic, and other relevant design 
characteristics, maneuvering performance test results for any tankship 
in the class may be used to satisfy the requirements of paragraph (a) of 
this section.
    (d) The tankship owner or operator shall ensure that the performance 
test results, recorded in the format of Appendix 6 of the Explanatory 
Notes in MSC/Circ.644, are prominently displayed in the wheelhouse.
    (e) Prior to entering the port or place of destination and prior to 
getting underway, the tankship master shall discuss the results of the 
performance tests with the pilot while reviewing the anticipated transit 
and the possible impact of the tankship's maneuvering capability on the 
transit.

[CGD 91-045, 61 FR 39790, July 30, 1996; 61 FR 41685, Aug. 9, 1996]

[[Page 497]]



Sec. 157.450  Maneuvering and vessel status information.

    A tankship owner, master, or operator shall comply with IMO 
Resolution A.601(15), Annex sections 1.1, 2.3, 3.1, and 3.2, with 
appendices.

[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 a 
double bottom that covers the entire cargo tank length, shall provide 
the tankship master with written under-keel clearance guidance that 
includes--
    (1) Factors to consider when calculating the ship's deepest 
navigational draft;
    (2) Factors to consider when calculating the anticipated controlling 
depth;
    (3) Consideration of weather or environmental conditions; and
    (4) Conditions which mandate when the tankship owner or operator 
shall be contacted prior to port entry or getting underway; if no such 
conditions exist, the guidance must contain a statement to that effect.
    (b) Prior to entering the port or place of destination and prior to 
getting underway, the master of a tankship that is not fitted with the 
double bottom that covers the entire cargo tank length shall plan the 
ship's passage using guidance issued under paragraph (a) of this section 
and estimate the anticipated under-keel clearance. The tankship master 
and the pilot shall discuss the ship's planned transit including the 
anticipated under-keel clearance. An entry must be made in the 
tankship's official log or in other onboard documentation reflecting 
discussion of the ship's anticipated passage.
    (c) The owner or operator of a tank barge, that is not fitted with a 
double bottom that covers the entire cargo tank length, shall not permit 
the barge to be towed unless the primary towing vessel master or 
operator has been provided with written under-keel clearance guidance 
that includes--
    (1) Factors to consider when calculating the tank barge's deepest 
navigational draft;
    (2) Factors to consider when calculating the anticipated controlling 
depth;
    (3) Consideration of weather or environmental conditions; and
    (4) Conditions which mandate when the tank barge owner or operator 
shall be contacted prior to port entry or getting underway; if no such 
conditions exist, the guidance must contain a statement to that effect.

[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 of each 
tank barge shall not permit the barge to be towed unless, by November 
27, 1997, the primary towing vessel has--
    (1) A steering gear system with a main power unit, an alternative 
power unit, and two remote steering gear control systems, except that 
separate steering wheels or steering levers are not required. The 
steering gear control systems must be arranged so that if the system in 
operation fails, the other system can be brought into immediate 
operation from a position on the navigating bridge; or
    (2) Twin screw propulsion with separate control systems for each 
propeller.
    (b) Fendering system. An owner or operator of a tank barge shall not 
permit the barge to be towed unless the primary towing vessel and any 
fleeting or assist towing vessels have a fendering system that is of 
substantial size and composition to prevent metal to metal contact 
between the towing vessel and the barge during maneuvering operations.

[CGD 91-045, 61 FR 39790, July 30, 1996; 61 FR 41685, Aug. 9, 1996]



Subpart H_Interim Measures for Certain Tank Vessels Without Double Hulls 

                  Carrying Animal Fat or Vegetable Oil

    Source: CGD 91-045, 61 FR 39791, July 30, 1996, unless otherwise 
noted.

[[Page 498]]



Sec. 157.500  Purpose and applicability.

    (a) The purpose of this subpart is to establish mandatory safety and 
operational requirements to reduce environmental damage resulting from 
the discharge of animal fat or vegetable oil.
    (b) This subpart applies to each tank vessel specified in Sec. 
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 cargo 
residue; and
    (3) Is not equipped with a double hull meeting Sec. 157.10d of this 
part, or an equivalent to the requirements of Sec. 157.10d, but 
required to be equipped with 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 or 
vegetable oil in bulk as cargo or cargo residue shall comply with the 
requirements in all sections of subpart G of this part.



Subpart I_Interim Measures for Certain Tank Vessels Without Double Hulls 

                    Carrying Other Non-Petroleum Oil

    Source: CGD 91-045, 61 FR 39791, July 30, 1996, unless otherwise 
noted.



Sec. 157.600  Purpose and applicability.

    (a) The purpose of this subpart is to establish mandatory safety and 
operational requirements to reduce environmental damage resulting from 
the discharge of other non-petroleum oil.
    (b) This subpart applies to each tank vessel specified in Sec. 
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 cargo 
residue; and
    (3) Is not equipped with a double hull meeting Sec. 157.10d of this 
part, or an equivalent to the requirements of Sec. 157.10d, but 
required to be equipped with 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 the 
requirements in all sections of subpart G of this part.



Sec. Appendix A to Part 157--Damage Assumptions, Hypothetical Outflows, 

                  and Cargo Tank Size and Arrangements

    1. Source. The procedures for the damage assumption calculations 
contained in this Appendix conform to Regulations 24, 25, and 26 of 
Annex I of the International Convention for the Prevention of the 
Pollution from Ships, 1973, done at London, November 2, 1973.
    2. Assumptions. For the purpose of calculating hypothetical outflow 
from tank vessels, three dimensions of the extent of damage of a 
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/5
 the vessel's side at right angles to the   --or 11.5 m, whichever is
 centerline at the level corresponding to    less.
 the assigned summer freeboard).
(3) Vertical extent (vc)..................  From the base line upwards
                                             without limit.
------------------------------------------------------------------------

    (b) For bottom damage, two conditions to be applied individually to 
the stated portions of the vessel, as follows:

------------------------------------------------------------------------
                                               Conditions
                              ------------------------------------------
            Damage                For 0.3L from 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 10 meters,        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,
                                                         whichever is
                                                         less.
------------------------------------------------------------------------

    3. Hypothetical Outflow of Oil. (a) The hypothetical outflow of oil 
in the case of side damage (Oc) and bottom damage 
(Os) is calculated by the following formula with respect to 
compartments breached by damage to all conceivable locations along the 
length

[[Page 499]]

of the vessel to the extent as defined in section 2 of this Appendix.
    (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 breached by the damage 
as specified in section 2 of this Appendix; Wi for a 
segregated ballast tank may be taken equal to zero;
Ci=Volume of a center tank assumed to be breached by the 
damage as specified in section 2 of this Appendix; Ci for a 
segregated ballast tank may be taken equal to zero;
[GRAPHIC] [TIFF OMITTED] TC15NO91.180

when bi is equal to or greater than tc, 
Ki is equal to zero;
[GRAPHIC] [TIFF OMITTED] TC15NO91.181

when hi is equal to or greater than vs, 
Zi is equal to zero;
bi=Minimum width of wing tank under consideration measured 
inboard from the vessel's side at right angles to the centerline at the 
level corresponding to the assigned summer freeboard; and
hi=Minimum depth of the double bottom under consideration; 
where no double bottom is fitted, hi is equal to zero.

    (b) If a void space or segregated ballast tank of a length less than 
lc is located between wing oil tanks, Oc in 
formula I of this section may be calculated on the basis of volume 
Wi being the actual volume of one such tank (where they are 
of equal capacity) or the smaller of the two tanks (if they differ in 
capacity), adjacent to such space, multiplied by Si as 
defined below and taking for all other wing tanks involved in such a 
collision the value of the actual full volume.
[GRAPHIC] [TIFF OMITTED] TC15NO91.182

Where li=length of void space or segregated ballast tank 
under consideration.

    (c) Credit is only given in respect to double bottom tanks which are 
either empty or carrying clean water when cargo is carried in the tanks 
above.
    (1) If the double bottom does not extend for the full length and 
width of the tank involved, the double bottom is considered nonexistent 
and the volume of the tanks above the area of the bottom damage must be 
included in formula II of this section even if the tank is not 
considered breached because of the installation of such a partial double 
bottom.
    (2) Suction wells may be neglected in the determination of the value 
hi if such wells are not excessive in area and extend below 
the tank for a minimum distance and in no case more than half the height 
of the double bottom. If the depth of such a well exceeds half the 
height of the double bottom, hi is taken equal to the double 
bottom height minus the well height.
    (d) In the case where bottom damage simultaneously involves four 
center tanks, the value of Os may be calculated according to 
formula III as follows:
    Os = \1/4\([Sigma] ZiWi+[Sigma] ZiCi)
    (e) Credit for reduced oil outflow from bottom damage may be applied 
to formula III for an installed emergency high suction cargo transfer 
system that:
    (1) transfers within two hours oil equal to one half of the volume 
of the largest tank involved;
    (2) has sufficient ballast or cargo tankage available to receive the 
transferred oil; and
    (3) has the high suction piping installed at a height not less than 
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 a segregated ballast 
tank vessel VOLw may equal OA for a wing cargo oil 
tank located between two segregated ballast tanks each of length greater 
than lc 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 10 meters or the 
distance calculated from (a), (b), or (c), as appropriate, whichever is 
greater:
    (a) Where no longitudinal bulkhead is provided inside the cargo 
tanks: 1 a=[0.5(bi/B)+0.1] L, but not to exceed 0.2L.
    (b) Where a centerline longitudinal bulkhead is provided inside the 
cargo tanks: 1 a=[0.25(bi/B)+0.15] L, but not to exceed 0.2L.
    (c) Where two or more longitudinal bulkheads are provided inside the 
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, 1 a = 
[0.5(bi/B) + 0.1] L.
    (B) Where a centerline longitudinal bulkhead is provided, 1 a = 
[0.25(bi/B) + 0.15] L.
    (d) ``bi'' is the minimum distance from the ship's side to the outer 
longitudinal bulkhead of the tank in question, measured inboard at right 
angles to the centerline at the

[[Page 500]]

level corresponding to the assigned summer freeboard.

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by CGD 74-32, 40 FR 
49328, Oct. 22, 1975; CGD 90-051, 57 FR 36245, Aug. 12, 1992; USCG-2008-
0179, 73 FR 35015, June 19, 2008; USCG-2010-0351, 75 FR 36286, June 25, 
2010]



   Sec. Appendix B to Part 157--Subdivision and Stability Assumptions

    1. Source. The procedures for the loading assumption calculations 
contained in this Appendix conform to Regulation 28 of Annex I of the 
International Convention for the Prevention of the Pollution from Ships, 
1973, done at London, November 2, 1973.
    2. Loading Assumptions. For the purpose of calculating subdivision 
and damage stability for a tank vessel, the operating drafts must 
reflect actual partial or full load conditions consistent with trim and 
strength of the vessel. Ballast conditions need not be considered if the 
tank vessel is not carrying oil in cargo tanks excluding oily residues. 
Loading condition must reflect the specific gravities of the cargo.
    3. Damage Assumptions.
    (a) Damage is applied to all conceivable locations along the length 
of the vessel as follows:
    (1) For a vessel of more than 225 meters in length, anywhere in the 
vessel's length.
    (2) For a vessel of more than 150 meters, but not exceeding 225 
meters in length, anywhere in the vessel's length except where the after 
or forward bulkhead bounding a machinery space located aft is involved 
in the damage assumption. The machinery space is calculated as a single 
floodable compartment.
    (3) For a vessel 150 meters or less in length, anywhere in the 
vessel's length between adjacent transverse bulkheads except the 
machinery space.
    (b) The extent and the character of the assumed side or bottom 
damage, as defined in section 2 of Appendix A of this part, must be 
applied except longitudinal bottom damage within 0.3L from the forward 
perpendicular 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 in 
paragraphs (a)(1) and (2) of this section, transverse watertight 
bulkheads must be spaced at least at a distance equal to the 
longitudinal extent of the assumed damage specified in paragraph (b) of 
this section in order to be considered effective. Where transverse 
bulkheads are spaced at a lesser distance, one or more of these 
bulkheads within such extent of damage must be assumed as nonexistent 
for the purpose of determining flooded compartments.
    (d) If the damages between adjacent transverse watertight bulkheads 
is within the definition contained in paragraph (a)(3) of this section, 
no main transverse bulkhead or a transverse bulkhead bounding side tanks 
or double bottom tanks is to be assumed damaged, unless:
    (1) the spacing of the adjacent bulkheads is less than the 
longitudinal extent of assumed damage defined in paragraph (b) of this 
section; or
    (2) there is a step or a recess in a transverse bulkhead of more 
than 3.05 meters in length, located within the extent of penetrations of 
assumed damage. The step formed by the after peak bulkhead and after 
peak tank top is not regarded as a step for these calculations.
    (e) If pipes, ducts, or tunnels are situated within the assumed 
extent of damage, there must be arrangements so that progressive 
flooding may not thereby extend to compartments other than those assumed 
to be floodable for each case of damage.
    (f) For oil tankers of 20,000 DWT and above, the damage assumptions 
must be supplemented by the following assumed bottom raking damage:
    (1) Longitudinal extent:
    (i) For ships of 75,000 DWT and above, 0.6L measured from the 
forward perpendicular.
    (ii) For ships of less than 75,000 DWT, 0.4L measured from the 
forward 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 liquids from 
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 be consistent
  with actual density and the amount of liquid carried.

    (c) The buoyancy of any superstructure directly above the side 
damage is to be disregarded. The unflooded parts of superstructures 
beyond the extent of damage may be taken into consideration if they are 
separated from the damaged space by watertight bulkheads and no 
progressive flooding of these intact spaces takes place. Class I doors 
are allowed in watertight bulkheads in the superstructure.

[[Page 501]]

    (d) The free surface effect is to be calculated:
    (1) at an angle of heel of 5 degrees for each individual 
compartment; or
    (2) by assessing the shift of liquids by moment of transference 
calculations.
    (e) In calculating the effect of free surfaces of consumable 
liquids, it is to be assumed that, for each type of liquid, at least one 
transverse pair or a single centerline tank has a free surface and the 
tank or combination of tanks to be taken into account is to be those 
where the effect of free surface is the greatest.

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by USCG-2000-7641, 66 
FR 55573, Nov. 2, 2001; USCG-2008-0179, 73 FR 35015, June 19, 2008]



 Sec. Appendix C to Part 157--Procedure for Determining Distribution of 
 Segregated Ballast Tanks To Provide Protection Against Oil Outflow in 
              the Event of Grounding, Ramming, or Collision

    1. Source. The procedure for determining the distribution of 
segregated ballast tanks contained in this appendix conforms to 
Regulation 18, paragraphs 12-15 of the MARPOL Protocol.
    2. Procedure. Protective location of segregated ballast tanks, 
voids, and other spaces that do not carry cargo which are within the 
cargo tank length is determined from the following:

[Sigma] PAc + [Sigma] PAs = 
J[Lt(B + 2D)]

Where:

PAc=the side shell area in square meters based on projected 
molded dimensions for each segregated ballast tank, void, or other space 
that does not carry cargo and which complies with paragraph 2(b) of this 
appendix;
PAs=the bottom shell area in square meters based on projected 
molded dimensions for each segregated ballast tank, void, or other space 
that does not carry cargo and which complies with paragraph 2(b) of this 
appendix;
Lt=the length in meters between the forward and after 
extremities of the cargo tanks;
B=the maximum breadth of the ship in meters measured amidship to the 
molded line of the frame; and
D=the molded depth in meters measured vertically from the top of the 
keel plate to the top of the freeboard deck beam at the side amidships. 
In tank vessels having rounded gunwales, the molded depth is measured 
from the top of the keel plate to the point of intersection 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 and 
420,000 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 meeting Sec. 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 0.45 and 0.30 
respectively.
    (b) PAc and PAs: Criteria for determining the 
segregated ballast tanks, voids, and other spaces that do not carry 
cargo.
    The following criteria are to be met for a segregated ballast tank, 
void, or space that does not carry cargo, to be used in determining 
PAc and PAs:
    (1) The minimum width of each wing tank or space, either of which 
extends for the full depth of the vessel's side or from the main deck to 
the top of the double bottoms is 2 meters or more. The width is measured 
inboard from the vessel's side shell plating at right angles to the 
vessel's center line. If a wing tank or space has a width anywhere 
within it that is less than 2 meters, that wing tank or space is not 
used when calculating PAc.
    (2) The minimum vertical depth of each double bottom tank or space 
is B/15 or 2 meters, whichever is smaller. If a double bottom tank or 
space 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 when 
calculating PAs.
    (3) The minimum width of a wing tank or space is not measured in the 
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 not 
measured in the way of the turn of the bilge area.

[CGD 77-058b, 45 FR 43716, June 30, 1980, as amended by USCG-2008-0179, 
73 FR 35015, June 19, 2008]

[[Page 502]]



Sec. Appendix D to Part 157--Example of a Procedure for Dedicated Clean 

                        Ballast Tanks Operations

    1. Source. The example procedure for dedicated clean ballast tanks 
operation contained in this appendix conforms to the Annex of Resolution 
14 of the MARPOL Protocol.
    2. Example Procedure. Dedicated clean ballast tanks operational 
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 clean ballast 
operation have been properly cleaned to accommodate simultaneous 
discharge of clean ballast while loading.
    (3) Ensure that all valves to the slop tank and the cargo tanks are 
closed.
    (4) Perform visual inspection of all dedicated clean ballast tanks 
and their contents, if any, for signs of contamination.
    (5) Discharge a sufficient amount of clean ballast water to ensure 
that remaining ballast water and cargo to be loaded will not exceed the 
permissible deadweight or draft. Leave a sufficient amount of water for 
flushing the piping, and as a minimum, a quantity equal to 10 times the 
volume of the affected piping.
    (6) Ensure that all valves to the dedicated clean ballast tanks are 
closed.
    (7) If no further ballast discharge is anticipated, drain the clean 
ballast piping.
    (b) In the loading port:
    (1) Perform normal loading operations of cargo tanks.
    (2) Ensure sufficient slop tank capacity is available for subsequent 
reception of cargo pump and piping flushings.
    (3) When applicable, discharge remaining clean ballast before entire 
piping system is used for loading. Leave the required minimum quantity 
of flushing water in ballast tanks.
    (4) Ensure that all valves to the dedicated clean ballast tanks are 
closed.
    (5) Ensure that all valves to the cargo tank are closed upon 
completion of loading.
    (c) After departure from the loading port:
    (1) Flush appropriate pumping and piping with sufficient water from 
dedicated clean ballast tanks into a slop tank.
    (2) Ensure that valves to the slop tank are closed before pumping 
the remaining clean water overboard and monitoring oil content of the 
water.
    (3) Ensure that all valves in the dedicated clean ballast tanks are 
closed.
    (d) Before arrival at the unloading port:
    (1) Ensure that all valves to the slop tank and cargo tanks are 
closed.
    (2) Recheck that the pumping and piping designated for clean ballast 
operation have been properly cleaned.
    (3) Ballast through clean cargo pumps and piping, considering the 
port's draft requirements.
    (4) Ensure that all valves in the dedicated clean ballast tanks are 
closed.
    (e) In the unloading port:
    (1) Allocate pumping and piping intended for clean ballast 
operation.
    (2) Perform normal unloading operations.
    (3) As soon as draft conditions permit, complete ballasting to 
departure conditions.
    (4) Ensure that all valves to the dedicated clean ballast tanks are 
closed.
    (5) Complete unloading.
    (f) After departure from the unloading port:
    (1) Flush pumps and piping servicing the dedicated clean ballast 
tanks 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 by USCG-2000-7641, 
66 FR 55573, Nov. 2, 2001]



Sec. Appendix E to Part 157--Specifications for the Design, Installation 

 and Operation of a Part Flow System for Control of Overboard Discharges

    Source. Appendix 2 to Annex 5 of IMO's Marine Environment Protection 
Committee document MEPC/Circ. 97. Paragraphs 1 and 2 are printed for 
information. Paragraphs 3, 4, and 5 are incorporated into Sec. Sec. 
157.11 and 157.37.
    Note: Information in square brackets on Figure 1 has been added by 
the Coast Guard for clarity.

                                1 Purpose

    The purpose of these Specifications is to provide specific design 
criteria and installation and operational requirements for the part flow 
system referred to in Regulation 18(6)(e) of Annex I of the 
International 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 Regulation 18(6)(e) 
of Annex I of MARPOL 73/78, discharge dirty ballast water and oil 
contaminated water from cargo tank areas below the waterline, provided 
part of the flow is led through permanent piping to a readily accessible 
location on the upper deck or above where it may be visually observed 
during the discharge operation and provided that the arrangements comply 
with the requirements established by the Administration and which shall 
at least contain all the provisions of these Specifications.

[[Page 503]]

    2.2 The part flow concept is based on the principle that the 
observation of a representative part flow of the overboard effluent is 
equivalent to observing the entire effluent stream. These specifications 
provide the details of the design installation, and operation of a part 
flow system.

                          3 General Provisions

    3.1 The part flow system shall be so fitted that it can effectively 
provide a representative sample of the overboard effluent for visual 
display under all normal operating conditions.
    3.2 The part flow system is in many respects similar to the sampling 
system for an oil discharge monitoring and control system but shall have 
pumping and piping arrangements separate from such a system, or combined 
equivalent arrangements acceptable to the Administration.
    3.3 The display of the part flow shall be arranged in a sheltered 
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 location of the part 
flow display and the discharge control position.
    3.4 Samples shall be taken from relevant sections of the overboard 
discharge piping and be passed to the display arrangement through a 
permanent piping system.
    3.5 The part flow system shall include the following components:
    .1 Sampling probes;
    .2 Sample water piping system;
    .3 Sample feed pump(s);
    .4 Display arrangement;
    .5 Sample discharge arrangement; and, subject to the diameter of the 
sample piping:
    .6 Flushing arrangement.
    .3.6 The part flow system shall comply with the applicable safety 
requirements.

                          4 System Arrangement

    4.1 Sampling points.
    4.1.1 Sampling point locations:
    .1 Sampling points shall be so located that relevant samples can be 
obtained of the effluent being discharged through outlets below the 
waterline which are being used for operational discharges.
    .2 Sampling points shall as far as practicable be located in pipe 
sections where a turbulent flow is normally encountered.
    .3 Sampling points shall as far as practicable be arranged in 
accessible locations in vertical sections of the discharge piping.
    4.1.2 Sampling probes:
    .1 Sampling probes shall be arranged to protrude into the pipe a 
distance of about one fourth of the pipe diameter.
    .2 Sampling probes shall be arranged for easy withdrawal for 
cleaning.
    .3 The part flow system shall have a stop valve fitted adjacent to 
each probe, except that were the probe is mounted in a cargo line, two 
stop valves shall be fitted in series, in the sample line.
    .4 Sampling probes should be of corrosion resistant and oil 
resistant material, of adequate strength, properly jointed and 
supported.
    .5 Sampling probes shall have a shape that is not prone to becoming 
clogged by particle contaminants and should not generate high 
hydrodynamic pressures at the sampling probe tip. Figure 1 is an example 
of one suitable shape of a sampling probe.
    .6 Sampling probes shall have the same nominal bore as the sample 
piping.
    4.2 Sample piping:
    .1 The sample piping shall be arranged as straight as possible 
between the sampling points and the display arrangement. Sharp bends and 
pockets where settled oil or sediment may accumulate should be avoided.
    .2 The sample piping shall be so arranged that sample water is 
conveyed to the display arrangement within 20 seconds. The flow velocity 
in the piping should not be less than 2 metres per second.
    .3 The diameter of the piping shall not be less than 40 millimetres 
if no fixed flushing arrangement is provided and shall not be less than 
25 millimetres if a pressurized flushing arrangement as detailed in 
paragraph 4.4 is installed.
    .4 The sample piping should be of corrosion-resistant and oil-
resistant material, of adequate strength, properly jointed and 
supported.
    .5 Where several sampling points are installed the piping shall be 
connected to a valve chest at the suction side of the sample feed pump.
    4.3 Sample feed pump:
    .1 The sample feed pump capacity shall be suitable to allow the 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 40 millimetres, a 
fixed connexion from a pressurized sea or fresh water piping system 
shall be installed to enable flushing of the sample piping system.
    4.5 Display arrangement:
    .1 The display arrangement shall consist of a display chamber 
provided with a sight glass. The chamber should be of a size that will 
allow a free fall stream of the sample water to be clearly visible over 
a length of at least 200 millimetres. The Administration may approve 
equivalent arrangements.
    .2 The display arrangement shall incorporate valves and piping in 
order to allow a part of the sample water to bypass the display chamber 
to obtain a laminar flow for display in the chamber.
    .3 The display arrangement shall be designed to be easily opened and 
cleaned.

[[Page 504]]

    .4 The internal of the display chamber shall be white except for the 
background wall which shall be so coloured in order to facilitate the 
observation of any change in the quality of the sample water.
    .5 The lower part of the display chamber shall be shaped as a funnel 
for collection of the sample water.
    .6 A test cock for taking a grab sample shall be provided in order 
that a sample of the water can be examined independent of that in the 
chamber.
    .7 The display arrangement shall be adequately lighted to facilitate 
visual observation of the sample water.
    4.6 Sample discharge arrangement:
    .1 The sample water leaving the display chamber shall be routed to 
the sea or to a slop tank through piping of adequate diameter.

                               5 Operation

    5.1 When a discharge of dirty ballast water or other oil 
contaminated water from the cargo tank area is taking place through an 
outlet below the waterline, the part flow system shall provide sample 
water from the relevant discharge outlet at all times.
    5.2 The sample water should be observed particularly during those 
phases of the discharge operation when the greatest possibility of oil 
contamination occurs. The discharge shall be stopped whenever any traces 
of oil are visible in the flow and when the oil content meter reading 
indicates oil content exceeds permissible limits.
    5.3 On those systems that are fitted with flushing arrangements, the 
sample piping should be flushed after contamination has been observed 
and additionally it is recommended that the sample piping be flushed 
after each period of usage.
    5.4 The ship's cargo and ballast handling manuals and, where 
applicable, those manuals required for crude oil washing systems or 
dedicated clean ballast tanks operation shall clearly describe the use 
of the part flow system in conjunction with the ballast discharge and 
the slop tank decanting procedures.

[[Page 505]]

[GRAPHIC] [TIFF OMITTED] TC18OC91.017


[CGD 75-124a, 48 FR 45721, Oct. 6, 1983]

[[Page 506]]



                 Sec. Appendix F to Part 157 [Reserved]



 Sec. Appendix G to Part 157--Timetables for 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 the 
later 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 Revised 
Statutes of the United States (46 U.S.C. app. 14).
    (b) A vessel of less than 5,000 gross tons for which a building 
contract 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 by the 
Coast Guard before June 30, 1990, and that qualifies for documentation 
under section 4136 of the Revised Statutes of the United States (46 
U.S.C. app. 14) before January 1, 1994, may not operate in the navigable 
waters or the Exclusive Economic Zone of the United States after January 
1, 2015, unless equipped with a double hull or with a double containment 
system determined by the Coast Guard to be as effective as a double hull 
for the prevention of a discharge of oil.
    (c) A vessel for which a building contract 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 determined by the Coast Guard before June 30, 1990, 
and that qualifies for documentation under 46 CFR subpart 67.19 before 
January 1, 1994, may not operate in the navigable waters or Exclusive 
Economic Zone of the United States unless equipped with a double hull--
    (1) In the case of vessel of at least 5,000 gross tons but less than 
15,000 gross tons--
    (i) After January 1, 1995, if the vessel is 40 years old or older 
and has a single hull, or is 45 years old or older and has a double 
bottom or double sides;
    (ii) After January 1, 1996, if the vessel is 39 years old or older 
and has a single hull, or is 44 years old or older and has a double 
bottom or double sides;
    (iii) After January 1, 1997, if the vessel is 38 years old or older 
and has a single hull, or is 43 years old or older and has a double 
bottom or double sides;
    (iv) After Janaury 1, 1998, is the vessel is 37 years old or older 
and has a single hull, or is 42 years old or older and has a double 
bottom or double sides;
    (v) After January 1, 1999, if the vessel is 36 years old or older 
and has a single hull, or is 41 years old or older and has a double 
bottom or double sides;
    (vi) After January 1, 2000, if the vessel is 35 years old or older 
and has a single hull, or is 40 years old or older and has a double 
bottom or double sides;
    (vii) After January 1, 2005, if the vessel is 25 years old or older 
and has a single hull, or is 30 years old or older and has a double 
bottom or double sides;
    (2) In the case of a vessel of at least 15,000 gross tons but less 
than 30,000 gross tons--
    (i) After January 1, 1995, if the vessel is 40 years old or older 
and has a single hull, or is 45 years old or older and has a double 
bottom or double sides;
    (ii) After January 1, 1996, if the vessel is 38 years old or older 
and has a single hull, or is 43 years old or older and has a double 
bottom or double sides;
    (iii) After January 1, 1997, if the vessel is 36 years old or older 
and has a single hull, or is 41 years old or older and has a double 
bottom or double side;
    (iv) After January 1, 1998, if the vessel is 34 years old or older 
and has a single hull, or is 39 years old or older and has a double 
bottom or double sides;
    (v) After January 1, 1999, if the vessel is 32 years old or older 
and has a single hull, or is 37 years old or older and has a double 
bottom or double sides;
    (vi) After January 1, 2000, if the vessel is 30 years old or older 
and has a single hull, or is 35 years old or older and has a double 
bottom or double sides;
    (vii) After January 1, 2001, if the vessel is 29 years old or older 
and has a single hull, or is 34 years old or older and has a double 
bottom or double sides;
    (viii) After January 1, 2002, if the vessel is 28 years old or older 
and has a single hull, or is 33 years old or older and has a double 
bottom or double sides;
    (ix) After January 1, 2003, if the vessel is 27 years old or older 
and has a single hull, or is 32 years old or older and has a double 
bottom or double sides;
    (x) After Janaury 1, 2004, if the vessel is 26 years old or older 
and has a single hull, or is 31 years old or older and has a double 
bottom or double sides;
    (xi) After January 1, 2005, if the vessel is 25 years old or older 
and has a single hull, or is 30 years old or older and has a double 
bottom 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 older 
and has a single hull, or is 33 years old or older and has a double 
bottom or double sides;
    (ii) After January 1, 1996, if the vessel is 27 years old or older 
and has a single hull, or is

[[Page 507]]

32 years old or older and has a double bottom or double sides;
    (iii) After January 1, 1997, if the vessel is 26 years old or older 
and has a single hull, or is 31 years old or older and has a double 
bottom or double sides;
    (iv) After January 1, 1998, if the vessel is 25 years old or older 
and has a single hull, or is 30 years old or older and has a double 
bottom or double sides;
    (v) After January 1, 1999, if the vessel is 24 years old or older 
and has a single hull, or is 29 years old or older and has a double 
bottom or double sides;
    (vi) After January 1, 2000, if the vessel is 23 years old or older 
and has a single hull, or is 28 years old or older and has a double 
bottom 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 January 1, 
2010, and
    (2) A vessel that has a double bottom or double sides may not 
operate after January 1, 2015.

    Note: Double sides and double bottoms must meet the requirements in 
Sec. 157.10d(c) or (d), as appropriate. A vessel will be considered to 
have a single hull if it does not have double sides and a double bottom 
that meet the requirements in Sec. 157.10d(c) and Sec. 157.10d(d). To 
determine a tank vessel's double hull compliance date under OPA 90, use 
the vessel's hull configuration (i.e., single hull; single hull with 
double sides; or single hull with double bottom) on August 18, 1990. The 
conversion of a single hull tank vessel to include only double sides or 
only a double bottom after August 18, 1990, will not result in a change 
of the vessel's originally scheduled phase-out date. The conversion of a 
single hull tank vessel to a double hull tank vessel meeting the 
requirements of Sec. 157.10d complies with OPA 90.

[CGD 90-051, 57 FR 36245, Aug. 12, 1992, as amended by USCG-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 reception facilities?
158.135 Which ports and terminals must have Certificates of Adequacy?
158.140 Applying for a Certificate of Adequacy.
158.150 Waivers and alternatives.
158.160 Issuance and termination of a Certificate of Adequacy.
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 revocation or 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 metric tons of oil 
          other than crude oil or bunker oil.
158.230 Ports and terminals other than ports and terminals under 
          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 or Terminal'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.

    Subpart D_Criteria for Adequacy of Reception Facilities: 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), 1905(c); 49 CFR 1.46.

[[Page 508]]



                            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 are adequate 
for receiving--
    (1) Oily mixtures from oceangoing tankers and any other oceangoing 
ships 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 by CGD 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 terminal 
located in the United States or subject to the jurisdiction of the 
United States that is--
    (1) Used by oceangoing tankers, or any other oceangoing ships of 400 
gross tons or more, carrying oily mixtures, or by oceangoing ships to 
transfer NLSs, except those ports and terminals that are used only by--
    (i) Tank barges that are not configured and are not equipped to 
ballast or wash cargo tanks while proceeding enroute;
    (ii) Ships carrying NLS operating under waivers under 46 CFR 
153.491(b); or
    (2) A ship repair yard that services oceangoing ships carrying oil 
or NLS residue.
    (b) Subpart D applies to each port and terminal located in the 
United States or subject to the jurisdiction of the United States.

[CGD 88-002, 54 FR 18407, Apr. 28, 1989, as amended by USCG-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 the regulations 
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). Each day of a 
continuing violation constitutes a separate violation.
    (b) A person who makes a false, fictitious statement or fraudulent 
representation in any matter in which a statement or representation is 
required to be made to the Coast Guard under MARPOL 73/78, the Act, or 
the regulations of this part, is liable for a civil penalty not to 
exceed $5,000 for each 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 the 
regulations of this part is liable for a fine for each violation, of not 
more than $50,000 dollars, or imprisonment for not more than 5 years, 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 as fuel.
    Captain of the Port (COTP) means the Coast Guard officer commanding 
a Captain of the Port Zone described in part 3 of this chapter.
    Certificate of Adequacy means a document issued by the Coast Guard 
or other authorized agency that certifies a port or terminal meets the 
requirements of this part with respect to reception facilities 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 in Sec. 157.03(e) of this 
chapter.
    Commandant means Commandant, U.S. Coast Guard.
    Commercial fishing facility means docks, piers, processing houses, 
or other facilities which receive commercial fishery products from 
ships.
    Daily vessel average means the total number of oceangoing tankers, 
or any other oceangoing ships of 400 gross tons or more, carrying 
residues and mixtures containing oil, serviced over a typical continuous 
12 month period, divided by 365.
    Form A means the application for a reception facility Certificate of 
Adequacy for oil, Coast Guard form USCG-CG-5401A (9-85).

[[Page 509]]

    Form B means the application for a reception facility Certificate of 
Adequacy for NLS, Coast Guard form USCG-CG-5401B(2-87).
    Form C means the application for a Certificate of Adequacy for a 
Reception Facility for Garbage, Coast Guard form USCG-CG-5401C. 
``Garbage'' means all kinds of victual, domestic, and operational waste, 
excluding fresh fish and parts thereof, generated during the normal 
operation of the ship and liable to be disposed of continuously or 
periodically, except dishwater, graywater, and those substances that are 
defined or listed in other annexes to MARPOL 73/78. ``Harmful 
substance'' means any substance which, if introduced into the sea, is 
liable to create hazards to human health, harm living resources and 
marine life, damage amenities or interfere with other legitimate uses of 
the sea, and includes any substance subject to control by MARPOL 73/78.
    High viscosity NLS includes Category A NLSs having a viscosity of at 
least 25 mPa.s at 20 [deg]C and of at least 25 mPa.s at the time they 
are unloaded, high viscosity Category B NLSs, and high viscosity 
Category C NLSs.
    High viscosity Category B NLS means any Category B NLS having a 
viscosity of at least 25 mPa.s at 20 [deg]C and at least 25 mPa.s at the 
time it is unloaded.
    High viscosity Category C NLS means any Category C NLS having a 
viscosity of at least 60 mPa.s at 20 [deg]C and at least 60 mPa.s at the 
time it is unloaded.
    MARPOL 73/78 means the International Convention for the Prevention 
of Pollution from Ships, 1973, as modified by the Protocol of 1978 
relating to that Convention. A copy of MARPOL 73/78 is available from 
the International Maritime Organization, 4 Albert Embankment, London, 
SE1 7SR, England.
    Medical waste means isolation wastes, infectious agents, human blood 
and blood products, pathological wastes, sharps, body parts, 
contaminated bedding, surgical wastes and potentially contaminated 
laboratory wastes, dialysis wastes, and such additional medical items as 
prescribed by the Administrator of the EPA by regulation. ``Mineral and 
oil industry shorebase'' means a place or onshore structure or facility 
which is a base of operations for ships serving the mineral and oil 
industry.
    Noxious liquid substance (NLS) means--
    (1) Each substance listed in Sec. 151.47 or Sec. 151.49 of this 
chapter;
    (2) Each substance having an ``A'', ``B'', ``C'', or ``D'' beside 
it's name in the column headed ``Pollution Category'' in table 1 of 46 
CFR part 153; and
    (3) Each substance that is identified as an NLS in a written 
permission issued under 46 CFR 153.900(d).
    Oceangoing ship means a ship that--
    (1) Is operated under the authority of the United States and engages 
in international voyages;
    (2) Is operated under the authority of the United States and is 
certificated for ocean service;
    (3) Is operated under the authority of the United States and is 
certificated for coastwise service beyond three miles from land;
    (4) Is operated under the authority of the United States and 
operates at any time seaward of the outermost boundary of the 
territorial sea of the United States as defined in Sec. 2.22 of this 
chapter; or
    (5) Is operated under the authority of a country other than the 
United States.

    Note: A Canadian or U.S. ship being operated exclusively on the 
Great Lakes of North America or their connecting and tributary waters, 
or exclusively on the internal waters of the United States and Canada, 
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 the substances listed in Appendix 
I of Annex I of MARPOL 73/78. ``Oil'' does not include animal and 
vegetable based oil or noxious liquid substances (NLS) designated under 
Annex II of MARPOL 73/78.
    Oil cargo residue means any residue of oil cargo whether in solid, 
semi-solid, emulsified, or liquid form from cargo tanks and cargo pump 
room bilges, including but not limited to, drainages,

[[Page 510]]

leakages, exhausted oil, muck, clingage, sludge, bottoms, paraffin 
(wax), and any constituent component of oil. The term ``oil cargo 
residue'' is also known as ``cargo oil residue.''
    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 oil content. 
``Oily mixture'' includes, but is not limited to--
    (1) Slops from bilges;
    (2) Slops from oil cargoes (such as cargo tank washings, oily waste, 
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 person authorized to 
act on behalf of a port or terminal.

    Note: The ``person in charge'' under this part is not necessarily 
the same person as the ``person in charge'' referred to in parts 151, 
154, 155, and 156 of this chapter (as defined in Sec. 154.105 of this 
chapter.)

    Prewash means a tank washing operation that meets the procedure in 
46 CFR 153.1120.
    Port means--
    (1) A group of terminals that combines to act as a unit and be 
considered a port for the purposes of this part;
    (2) A port authority or other organization that chooses to be 
considered a port for the purposes of this part; or
    (3) A place or facility that has been specifically designated as a 
port by the COTP.
    Reception facility means anything capable of receiving shipboard 
oily mixtures or NLS residue, or receiving garbage, including, but not 
limited to--
    (1) Fixed piping that conveys residues and mixtures from the ship to 
a storage or treatment system;
    (2) Tank barges, railroad cars, tank trucks, or other mobile 
facilities;
    (3) Containers or other receptacles that are used as temporary 
storage for garbage; or
    (4) Any combination of fixed and mobile facilities. ``Recreational 
boating facility'' means a facility that is capable of providing 
wharfage or other services for 10 or more recreational vessels. It 
includes, but is not limited to, marinas, boatyards, and yacht clubs, 
but does not include a place or facility containing only an unattended 
launching ramp.
    Regulated NLS cargo includes each Category A or high viscosity or 
solidifying Category B or C NLS cargo listed in table 1 of 46 CFR part 
153 that contains a reference to Sec. 153.908(a) or Sec. 153.908(b) in 
the ``Special Requirements'' column of that table and is unloaded at the 
port or terminal within a typical continuous 12 month period either 
before or after application is made for a Certificate of Adequacy.
    Residues and mixtures containing NLSs (NLS residue) means--
    (1) Any Category A, B, C, or D NLS cargo retained on the ship 
because it fails to meet consignee specifications;
    (2) Any part of a Category A, B, C or D NLS cargo remaining on the 
ship after the NLS is discharged to the consignee, including but not 
limited to puddles on the tank bottom and in sumps, clingage in the 
tanks, and substance remaining in the pipes; or
    (3) Any material contaminated with Category A, B, C, or D NLS cargo, 
including but not limited to bilge slops, ballast, hose drip pan 
contents, and tank wash water.
    Segregated ballast has the same meaning as contained in Sec. 
157.03(r) of this chapter.
    Ship means a vessel of any type whatsoever, operating in the marine 
environment. This includes hydrofoils, air cushion vehicles, 
submersibles, floating craft whether self-propelled or not, and fixed or 
floating drilling rigs or other platforms.
    Solidifying NLS means a Category A, B, or C NLS that has a melting 
point--
    (1) Greater than 0 [deg]C but less than 15 [deg]C and a temperature, 
measured under the procedure in 46 CFR 153.908(d), that is less than 5 
[deg]C above its melting point at the time it is unloaded; or
    (2) 15 [deg]C or greater and has a temperature, measured under the 
procedure in 46 CFR 153.908(d), that is less than 10 [deg]C above its 
melting point at the time it is unloaded.
    Tank barge has the same meaning as contained in 46 CFR 30.10-65.

[[Page 511]]

    Tanker means a ship constructed or adapted primarily to carry oil in 
bulk in the cargo spaces.
    Terminal means an onshore facility or an offshore structure located 
in the navigable waters of the United States or subject to the 
jurisdiction of the United States and used, or intended to be used, as a 
port or facility for the transfer or other handling of a harmful 
substance.

    Note: The Coast Guard interprets commercial fishing facilities, 
recreational boating facilities, and mineral and oil industry shorebases 
to be terminals for the purposes of Annex V of MARPOL 73/78, since these 
facilities normally provide wharfage and other services, including 
garbage handling, for ships. ``The Act'' 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 (94 Stat. 
2297, 33 U.S.C. 1901 et seq).

[CGD 85-010, 52 FR 7761, Mar. 12, 1987, as amended by CGD 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 have 
reception 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 a ship 
is entering under force majeure, that does not have--
    (1) A Certificate of Adequacy if required under Sec. 158.135; or
    (2) Reception facilities for garbage required under subpart D of 
this 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 any 
other oceangoing ship of 400 gross tons or more, carrying oily mixtures, 
must have a reception facility which meets subpart B of this part.
    (b) A port or terminal which receives oceangoing ships carrying NLSs 
must have a reception facility which meets subpart C of this part.
    (c) All ports and terminals under the jurisdiction of the United 
States, including commercial fishing facilities, mineral and oil 
shorebases, and recreational boating facilities, must have a reception 
facility which meets subpart D of this part.

[CGD 88-002, 54 FR 18408, Apr. 28, 1989, as amended by USCG-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 or 
more Certificates of Adequacy to show compliance with--
    (a) Subpart B of this part if it receives oceangoing tankers, or any 
other oceangoing ship of 400 gross tons or more, carrying oily mixtures.
    (b) Subpart C of this part if it receives oceangoing ships carrying 
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 of 
commercial fishery products from all ships during a calendar year.

[CGD 88-002, 54 FR 18408, Apr. 28, 1989, as amended by USCG-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 by 
Sec. 158.135 to have a Certificate of Adequacy for its reception 
facilities, the person in charge must apply to the Coast Guard for a 
certificate as follows:
    (1) Applicants for a Certificate of Adequacy required by Sec. 
158.135(a) or (b) must apply to the COTP of the Zone in which the port 
or terminal is located using Form A or Form B, respectively.
    (2) An applicant for a Certificate of Adequacy required by section 
158.135(c) must apply on Form C to the COTP of the Zone in which the 
port or terminal is located.
    (b) Applications for Certificates of Adequacy, Forms A, B, or C, may 
be

[[Page 512]]

obtained from the local Coast Guard COTP.

[CGD 88-002, 54 FR 18408, Apr. 28, 1989, as amended by CGD 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 this part 
is unreasonable or impracticable for the port's or terminal's 
operations, the person in charge may submit a request for a waiver to 
the 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 under 
this part for which the alternative is substituted.
    (c) The person in charge shall ensure that each waiver issued under 
paragraph (b) of this section is attached to the Certificate of Adequacy 
issued for the port or terminal.



Sec. 158.160  Issuance and termination of a Certificate of Adequacy.

    (a) After reviewing an application made under Sec. 158.140(a)(1), 
the COTP determines by inspection the following:
    (1) When the application is made on Form A, whether or not the 
reception facility meets Subpart B of this part.
    (2) When the application is made on Form B, whether or not the 
reception facility and the port, or the reception facility and the 
terminal, meet Subpart C of this part.

    Note: If in the instruction manual required by Sec. 158.330(b) 
there is a certification by a registered professional engineer licensed 
by a state or the District of Columbia that the backpressure 
requirements under Sec. 158.330(a) are met, the COTP determines whether 
or not to accept this finding.

    (b) After the inspections under paragraph (a) are conducted, and 
after consulting with the Administrator of the Environmental Protection 
Agency (EPA) or his or her designee, the COTP.
    (1) Issues a Certificate of Adequacy to the person in charge for the 
port or terminal; or
    (2) Denies the application and informs the person in charge in 
writing of the reasons for the denial.
    (c) After reviewing an application made under Sec. 158.140(a)(2), 
the COTP--
    (1) Issues a Certificate of Adequacy to the person in charge for the 
port or terminal; or
    (2) Denies the application and informs the person in charge in 
writing of the reasons for the denial.
    (d) In order to remain valid, the Certificate of Adequacy must have 
attached to it any waivers that are granted under Sec. 158.150 when the 
Certificate of Adequacy is issued.
    (e) Each Certificate of Adequacy remains valid for a period of five 
years or 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 by CGD 96-026, 61 FR 
33668, June 28, 1996; USCG-2010-0351, 75 FR 36286, June 25, 2010]



Sec. 158.163  Reception facility operations.

    (a) Each person in charge and each person who is in charge of a 
reception facility shall ensure that the reception facility does not 
operate in a manner that violates any requirement under this part.
    (b) A copy of the Certificate of Adequacy issued for the port or 
terminal must be--
    (1) At each port and terminal under this part; and
    (2) Available for inspection by the COTP and the master, operator, 
person who is in charge of a ship, or agent for a ship.
    (c) Ports and terminals required to have an Operations Manual under 
this chapter or 46 CFR Chapter 1 must have a copy of the Certificate of 
Adequacy issued for the port or terminal, including any waivers, 
attached to that Operations Manual.

[CGD 85-010, 52 FR 7761, Mar. 12, 1987, as amended by CGD 88-002, 54 FR 
18409, Apr. 28, 1989]

[[Page 513]]



Sec. 158.165  Certificate of Adequacy: Change of information.

    (a) Except as required in paragraph (b) of this section, the person 
in charge shall notify the COTP in writing within 10 days after any 
information required in section 2, 3A, 3G, or 3H, of Form A or section 
2, 5A, or 5C of Form B changes.
    (b) The person in charge shall notify the COTP in writing within 30 
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 a 
copy of the information submitted under paragraphs (a) and (b) of this 
section, until a corrected Certificate of Adequacy is received from the 
COTP.

[CGD 85-010, 52 FR 7761, Mar. 12, 1987, as amended by CGD 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 reception 
facilities required by these regulations or MARPOL 73/78 are inadequate. 
Reports of inadequate reception facilities may be made orally, 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 the 
reception facility;
    (b) Continued operations will result in undue delay to ships calling 
at the port or terminal;
    (c) There is a failure to accept NLS residue from a ship after it'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 into or 
upon the navigable waters of the United States or adjoining shorelines.



Sec. 158.172  Notification of a suspension order.

    (a) If the COTP has grounds for an immediate suspension of or is 
considering suspending a Certificate of Adequacy, the COTP notifies the 
person in charge of the intended action. Each notification of a 
suspension 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, including 
all corrective actions required.
    (b) If the suspension order is made orally, the COTP issues a 
suspension order in writing within five days after the initial 
notification.



Sec. 158.174  Suspension of a Certificate of Adequacy: Procedure.

    (a) If no evidence or arguments are submitted in response to a 
notification of a suspension order, the suspension is effective on the 
date stated in the order.
    (b) If any petition for withdrawing a suspension order is submitted 
in response to a notification of a suspension order, the COTP considers 
the evidence or arguments and notifies the person in charge of any 
action taken including--
    (1) Denial of the petition for withdrawing a suspension order;
    (2) Initiation of civil or criminal penalty action under subpart 
1.07 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 a suspension 
order in effect, the COTP denies entry of ships to the port 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 a five 
day period, the person in charge shall return it to the COTP within five 
days after the suspension becomes effective.
    (b) After the suspension is in effect, the COTP may--
    (1) Terminate the suspension order after receiving information from 
the

[[Page 514]]

person in charge that corrective action has been taken; or
    (2) Revoke the Certificate of Adequacy if no significant action is 
undertaken by the person in charge to meet any measures ordered by the 
COTP.



Sec. 158.180  Certificate of Adequacy: Procedures after revocation or the part 

no longer applies.

    (a) If a Certificate of Adequacy is revoked, the person in charge 
shall return it to the COTP within five days after the revocation 
becomes effective.
    (b) When this part no longer applies to the port or terminal, the 
person in charge shall return the Certificate of Adequacy to the COTP 
within 30 days after this part no longer applies.
    (c) After the Certificate of Adequacy has been returned to the COTP 
under paragraph (a) or (b) of this section, an application for a new 
Certificate of Adequacy may be submitted under Sec. 158.140.



Sec. 158.190  Appeals.

    (a) Any person directly affected by an action taken under this part 
may request reconsideration by the Coast Guard officer responsible for 
that action.
    (b) Except as provided under paragraph (e) of this section, the 
person affected who is not satisfied with a ruling after having it 
reconsidered under paragraph (a) of this section may--
    (1) Appeal that ruling in writing within 30 days after the ruling to 
the Coast Guard District Commander of the district in which the action 
was taken; and
    (2) Supply supporting documentation and evidence that the appellant 
wishes to have considered.
    (c) The District Commander issues a ruling after reviewing the 
appeal submitted under paragraph (b) of this section. Except as provided 
under paragraph (e) of this section, the person affected who is not 
satisfied with this ruling may--
    (1) Appeal that ruling in writing within 30 days after the ruling to 
the Assistant Commandant for Marine Safety, Security and Environmental 
Protection, U.S. Coast Guard, (CG-5), 2100 2nd St. SW., Stop 7355, 
Washington, DC 20593-7355; and
    (2) Supply supporting documentation and evidence that the appellant 
wishes to have considered.
    (d) After reviewing the appeal submitted under paragraph (c) of this 
section, the Assistant Commandant for Marine Safety, Security and 
Environmental Protection issues a ruling which is final agency action.
    (e) If the delay in presenting a written appeal has an adverse 
impact 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 oral 
presentation--
    (i) With the basis for the appeal and a summary of the material 
presented orally; and
    (ii) To the same Coast Guard official who heard the oral 
presentation.

[CGD 85-010, 52 FR 7761, Mar. 12, 1987, as amended by CGD 96-026, 61 FR 
33668, June 28, 1996; CGD 97-023, 62 FR 33364, June 19, 1997; USCG-2002-
12471, 67 FR 41333, June 18, 2002; USCG-2010-0351, 75 FR 36286, June 25, 
2010]



       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, the facility 
used to meet Regulation 12 of Annex I to MARPOL 73/78 must--
    (1) Be a reception facility as defined under Sec. 158.120 that is 
available at the port or terminal;
    (2) Hold each Federal, State, and local permit and license required 
by environmental laws and regulations concerning oily mixtures; and
    (3) Be capable of--
    (i) Receiving oily mixtures from oceangoing ships within 24 hours 
after notice by that ship;
    (ii) Completing the reception of ballast water containing oily 
mixtures from the ship in less than 10 hours after waste transfer 
operations begin; and
    (iii) Completing the reception of other oily mixtures in less than 4 
hours after the transfer operation begins.

[[Page 515]]

    (b) Reception facilities for ship repair yards do not have to meet 
paragraphs (a)(3)(i) through (a)(3)(iii) of this section, but must be 
capable of completing transfer of oily mixtures from each oceangoing 
ship before the ship departs from the ship repair yard.

[CGD 78-035, 50 FR 36793, Sept. 9, 1985, as amended by CGD 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 terminal must 
have the capacity for receiving--
    (a) Oil residue from on-board fuel and lubricating oil processing in 
the amount of 10 metric tons (11 short tons);
    (b) Bilge water containing oily mixtures in the amount of 10 metric 
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% of 
the deadweight tonnage of the largest of the oceangoing tankers loading 
crude oil at the port or terminal that do not have clean ballast tanks 
(CBT), segregated ballast tanks (SBT), or crude oil washing (COW) 
meeting part 157 of this subchapter, multiplied by one or the daily 
vessel average, whichever quantity is greater.

[CGD 78-035, 50 FR 36793, Sept. 9, 1985, as amended by CGD 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 oil 

other than crude oil or bunker oil.

    The reception facility for an oil loading port or terminal that 
loads a daily average of more than 1,000 metric tons (1,100 short tons) 
of oil other than crude oil or bunker oil to oceangoing tankers must 
have the capacity for receiving--
    (a) Oil residue from on-board fuel and lubricating oil processing in 
the amount of 10 metric tons (11 short tons);
    (b) Bilge water containing oily mixtures in the amount of 10 metric 
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% of 
the deadweight tonnage of the largest of the oceangoing tankers loading 
oil other than crude oil or bunker oil, at the port or terminal, that do 
not have CBT or SBT meeting part 157 of this chapter, multiplied by one 
or the daily vessel average, whichever quantity is greater; and
    (d) Oil cargo residue in the amount of 0.2% of the total cargo 
capacity of the largest of the oceangoing tankers loading oil other than 
crude oil or bunker oil, at the port or terminal, multiplied by one or 
the daily vessel average, whichever quantity is greater.

[CGD 78-035, 50 FR 36793, Sept. 9, 1985, as amended by CGD 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 under Sec. 

Sec. 158.210, 158.220, and 158.240.

    Reception facilities for ports and terminals other than those under 
Sec. Sec. 158.210, 158.220, and 158.240 of this subpart and those that 
are used exclusively by non-self-propelled tank barges, must have the 
capacity for receiving--
    (a) Oil residue from on-board fuel and lubricating oil processing in 
the amount of 10 metric tons (11 short tons), or 1 metric ton (1.1 short 
tons) multiplied by the daily vessel average, whichever quantity is 
greater; and
    (b) Bilge water containing oily mixtures in the amount of 10 metric 
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 by CGD 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 ship 
repair yard must have a capacity for receiving--

[[Page 516]]

    (a) An amount of ballast from bunker tanks, and the wash water and 
oil residue from the cleaning of bunker tanks and oil residue (sludge) 
tanks, equal to 8 percent of the bunker capacity of the largest 
oceangoing ship serviced;
    (b) An amount of solid oil cargo residues from cargo tanks equal to 
0.1 percent of the deadweight tonnage of the largest oceangoing tanker 
serviced;
    (c) An amount of ballast water containing oily mixtures and wash 
water 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 oceangoing 
tanker serviced; and
    (d) An amount of liquid oil cargo residue based on the following 
percentages of deadweight tonnage of the largest oceangoing tanker 
serviced:
    (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 by USCG-2000-7641, 
66 FR 55574, Nov. 2, 2001]



Sec. 158.250  Standard discharge connection.

    Each reception facility that received bilge water containing oily 
mixtures 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 water 
containing oily mixtures from oceangoing ships.

[CGD 78-035, 50 FR 36793, Sept. 9, 1985, as amended by USCG-2000-7641, 
66 FR 55574, Nov. 2, 2001]



Subpart C_Criteria for Certifying That a Port's or Terminal'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 for 
ports and terminals under Sec. 158.110 used by oceangoing ships 
carrying NLS cargo or NLS residue to meet Regulation 7 of Annex II to 
MARPOL 73/78.



Sec. 158.310  Reception facilities: General.

    (a) Except as allowed in paragraph (b) of this section, each 
reception facility, in order to pass the inspection under Sec. 158.160, 
must--
    (1) Be a reception facility as defined under Sec. 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 license required 
by environmental laws and regulations concerning NLS residue;
    (5) Be capable of receiving NLS residue from an oceangoing ship 
within 24 hours after notice by that ship of the need for reception 
facilities; and
    (6) Be capable of completing the transfer of NLS residue within 10 
hours after the transfer of NLS residue begins.
    (b) A reception facility for a ship repair yard does not have to 
meet the requirements of paragraphs (a)(5) and (a)(6) of this section if 
it is capable of completing transfer of NLS residue from an oceangoing 
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 day the 
port or terminal is in operation, the port or terminal must have a 
reception facility that is capable of receiving--
    (1) 75 cubic meters (19,810 gallons) of NLS residue for each 
regulated NLS cargo that is a solidifying Category A NLS; or
    (2) 50 cubic meters (13,210 gallons) of NLS residue for each 
regulated NLS cargo that is not a solidifying Category A.
    (b) The port or terminal need only meet Sec. 158.330 if it is used 
by ships that only transfer Category B or C NLS cargoes that are not 
high viscosity or solidifying Category B or C NLSs.
    (c) For each category of NLS cargo carried on a ship, each day a 
ship repair yard is in operation and being used

[[Page 517]]

by a ship that must discharge NLS residue in order to proceed with 
repair work, the ship repair yard must have a reception facility that is 
capable of receiving--
    (1) 50 cubic meters (13,210 gallons) of NLS residue that contains 
a--
    (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 contains a 
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 pass 
the inspection under Sec. 158.160, must--
    (a) At mean low tide and with the ship's manifold 10 feet above the 
surface of the water, be capable of receiving Category B or C NLS cargo 
during the stripping operations at an average flow rate of 6 cubic 
meters (1584 gallons) per hour without the backpressure at the ship's 
manifold exceeding 101.6 kPa (14.7 pounds per square inch gauge) 
pressure; and
    (b) Have an instruction manual that lists the equipment and 
procedures for meeting paragraph (a) of this section. The instruction 
manual may be made part of the operations manual that is required under 
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 for 
determining the adequacy of reception facilities for garbage at ports 
and terminals that receive ships and to comply with the Act and 
Regulation 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 person 
in charge of a port or terminal shall ensure that each port or 
terminal's reception facility.
    (1) Is capable after August 28, 1989 of receiving APHIS regulated 
garbage at a port or terminal no later than 24 hours after notice under 
Sec. 151.65 of this chapter is given to the port or terminal, unless it 
only receives ships that--
    (i) Operate exclusively within the navigable waters of the United 
States;
    (ii) Operate exclusively between ports or terminals in the 
continental United States; or
    (iii) Operate exclusively between continental United States ports or 
terminals and Canadian ports or terminals.
    (2) Is capable of receiving medical wastes or hazardous wastes 
defined in 40 CFR 261.3, unless the port or terminal operator can 
provide to the master, operator, or person in charge of a ship, a list 
of persons authorized by federal, state, or local law or regulation to 
transport and treat such wastes;
    (3) Is arranged so that it does not interfere with port or terminal 
operations;
    (4) Is conveniently located so that mariners unfamiliar with the 
port or terminal can find it easily and so that it's use will not be 
discouraged;
    (5) Is situated so that garbage from ships which has been placed in 
it cannot readily enter the water; and
    (6) Holds each federal, state, and local permit or license required 
by environmental and public health laws and regulations concerning 
garbage handling.
    (b) A reception facility for a ship repair yard does not have to 
meet the requirements of paragraph (a)(1) of this section if it is 
capable of handling the transfer of garbage from a ship before the ship 
departs from the yard.

    Note: The U.S. Department of Agriculture's Animal and Plant Health 
Inspection Service (APHIS) requires victual wastes or garbage 
contaminated by victual wastes, except from vessels that operate only 
between the continental United States and Canadian ports, to be 
incinerated or sterilized in accordance with their regulations in 7 CFR 
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 charge of 
a port or terminal must provide, or ensure the

[[Page 518]]

availability of, a reception facility that is capable of receiving all 
garbage that the master or person who is in charge of a ship desires to 
discharge, except--
    (a) Large quantities of spoiled or damaged cargoes not usually 
discharged by a ship; or
    (b) Garbage from ships not having commercial transactions with that 
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 FR 18409, Apr. 28, 1989.



Sec. 158.500  Draining cargo area and piping systems.

    The person in charge shall ensure that each cargo hose and each 
piping system containing NLS received from each oceangoing ship carrying 
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 manual under 
Sec. 158.330(b) is followed during the transfer of any NLS.



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 maintenance instructions.
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.
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 Waters by Cruise 
                            Vessel Operations

159.301 Purpose.
159.303 Applicability.
159.305 Definitions.
159.307 Untreated sewage.
159.309 Limitations on discharge of treated sewage or graywater.
159.311 Safety exception.
159.313 Inspection for compliance and enforcement.
159.315 Sewage and graywater discharge record book.

[[Page 519]]

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). Subpart E 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 appear by USCG-
2008-0179, 73 FR 35015, June 19, 2008.



                            Subpart A_General



Sec. 159.1  Purpose.

    This part prescribes regulations governing the design and 
construction of marine sanitation devices and procedures for certifying 
that marine sanitation devices meet the regulations and the standards of 
the Environmental Protection Agency promulgated under section 312 of the 
Federal Water Pollution Control Act (33 U.S.C. 1322), to eliminate the 
discharge of untreated sewage from vessels into the waters of the United 
States, including the territorial seas. Subpart A of this part contains 
regulations governing the manufacture and operation of vessels equipped 
with marine sanitation devices.



Sec. 159.3  Definitions.

    In this part:
    Coast Guard means the Commandant or his authorized representative.
    Discharge includes, but is not limited to, any spilling, leaking, 
pouring, pumping, emitting, emptying, or dumping.
    Existing vessel includes any vessel, the construction of which was 
initiated before January 30, 1975.
    Fecal coliform bacteria are those organisms associated with the 
intestine of warm-blooded animals that are commonly used to indicate the 
presence of fecal material and the potential presence of organisms 
capable of causing human disease.
    Inspected vessel means any vessel that is required to be inspected 
under 46 CFR Ch. I.
    Length means a straight line measurement of the overall length from 
the foremost part of the vessel to the aftermost part of the vessel, 
measured parallel to the centerline. Bow sprits, bumpkins, rudders, 
outboard motor brackets, and similar fittings or attachments are not to 
be included in the measurement.
    Manufacturer means any person engaged in manufacturing, assembling, 
or importing of marine sanitation devices or of vessels subject to the 
standards and regulations promulgated under section 312 of the Federal 
Water Pollution Control Act.
    Marine sanitation device and device includes any equipment for 
installation on board a vessel which is designed to receive, retain, 
treat, or discharge sewage, and any process to treat such sewage.
    New vessel includes any vessel, the construction of which is 
initiated on or after January 30, 1975.
    Person means an individual, partnership, firm, corporation, or 
association, but does not include an individual on board a public 
vessel.
    Public vessel means a vessel owned or bare-boat chartered and 
operated by the United States, by a State or political subdivision 
thereof, or by a foreign nation, except when such vessel is engaged in 
commerce.
    Recognized facility means any laboratory or facility listed by the 
Coast Guard as a recognized facility under this part.
    Sewage means human body wastes and the wastes from toilets and other 
receptacles intended to receive or retain body waste.
    Territorial seas means the belt of the seas measured from the line 
of ordinary low water along that portion of the coast which is in direct 
contact with the open sea and the line marking the seaward limit of 
inland waters, and extending seaward a distance of 3 miles.
    Type I marine sanitation device means a device that, under the test 
conditions described in Sec. Sec. 159.123 and 159.125, produces an 
effluent having a fecal coliform bacteria count not greater than 1,000 
per 100 milliliters and no visible floating solids.
    Type II marine sanitation device means a device that, under the test 
conditions

[[Page 520]]

described in Sec. Sec. 159.126 and 159.126a, produces an effluent 
having a fecal coliform bacteria count not greater than 200 per 100 
milliliters and suspended solids not greater than 150 milligrams per 
liter.
    Type III marine sanitation device means a device that is designed to 
prevent the overboard discharge of treated or untreated sewage or any 
waste derived from sewage.
    Uninspected vessel means any vessel that is not required to be 
inspected under 46 CFR Chapter I.
    United States includes the States, the District of Columbia, the 
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, 
the Canal Zone, and the Trust Territory of the Pacific Islands.
    Vessel includes every description of watercraft or other artificial 
contrivance used, or capable of being used, as a means of transportation 
on the waters of the United States.

[CGD 96-026, 61 FR 33668, June 28, 1996, as amended by CGD 95-028, 62 FR 
51194, Sept. 30, 1997]



Sec. 159.4  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 U.S.C. 
552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in paragraph (b) of this section, the Coast Guard must publish 
notice of change in the Federal Register; and the material must be 
available to the public. All approved material is available for 
inspection at the Engineering Division, U.S. Coast Guard Marine Safety 
Center, 2100 2nd St. SW., Stop 7102, Washington, DC 20593-7102, and at 
the National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call 202-741-6030, or go 
to: http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html. All approved material is available from 
the sources indicated in paragraph (b) of this section.
    (b) The material approved for incorporation by reference in this 
part, 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 and Sieves for 
Testing Purposes--159.125

[USCG-1999-5151, 64 FR 67176, Dec. 1, 1999, as amended by USCG-2001-
9286, 66 FR 33641, June 25, 2001; 69 FR 18803, Apr. 9, 2004; USCG-2010-
0351, 75 FR 36286, June 25, 2010]



Sec. 159.5  Requirements for vessel manufacturers.

    No manufacturer may manufacture for sale, sell, offer for sale, or 
distribute for sale or resale any vessel equipped with installed toilet 
facilities unless it is equipped with:
    (a) An operable Type II or III device that has a label on it under 
Sec. 159.16 or that is certified under Sec. 159.12 or Sec. 159.12a; 
or
    (b) An operable Type I device that has a label on it under Sec. 
159.16 or that is certified under Sec. 159.12, if the vessel is 19.7 
meters (65 feet) or less in 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 installed toilet 
facilities unless it is equipped with:
    (1) An operable Type II or III device that has a label on it under 
Sec. 159.16 or that is certified under Sec. 159.12 or Sec. 159.12a; 
or
    (2) An operable Type I device that has a label on it under Sec. 
159.16 or that is certified under Sec. 159.12, if the vessel is 19.7 
meters (65 feet) or less in length.
    (b) When operating a vessel on a body of water where the discharge 
of treated or untreated sewage is prohibited by the Environmental 
Protection Agency under 40 CFR 140.3 or 140.4, the operator must secure 
each Type I or Type II device in a manner which prevents discharge of 
treated or untreated sewage. Acceptable methods of securing 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 the 
closed position; or

[[Page 521]]

    (4) Locking the door to the space enclosing the toilets with a 
padlock or door handle key lock.
    (c) When operating a vessel on a body of water where the discharge 
of untreated sewage is prohibited by the Environmental Protection Agency 
under 40 CFR 140.3, the operator must secure each Type III device in a 
manner which prevents discharge of sewage. Acceptable methods of 
securing the device include--
    (1) Closing each valve leading to an overboard discharge and 
removing the handle;
    (2) Padlocking each valve leading to an overboard discharge in the 
closed position; or
    (3) Using a non-releasable wire-tie to hold each valve leading to an 
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 marine 
sanitation 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 for 
certification of existing devices until manufacturers can design and 
manufacture devices that comply with this part and recognized facilities 
are prepared to perform the testing required by this part.
    (b) Any Type III device that was installed on an existing vessel 
before January 30, 1975, is considered certified.
    (c) Any person may apply to the Commanding Officer, USCG Marine 
Safety Center, 2100 2nd St. SW., Stop 7102, Washington, DC 20593-7102 
for certification of a marine sanitation device manufactured before 
January 30, 1976. The Coast Guard will issue a letter certifying the 
device if the applicant shows that the device meets Sec. 159.53 by:
    (1) Evidence that the device meets State standards at least equal to 
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 a device 
certified under this section, or
    (4) A Coast Guard field test if considered necessary by the Coast 
Guard.
    (d) The Coast Guard will maintain and make available a list that 
identifies each device certified under this section.
    (e) Devices certified under this section in compliance with Sec. 
159.53 need not meet the other regulations in this part and may not be 
labeled under Sec. 159.16.

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended by CGD 75-213, 41 FR 
15325, Apr. 12, 1976; CGD 82-063a, 48 FR 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; USCG-2010-0351, 75 FR 36286, June 
25, 2010]



Sec. 159.12a  Certification of certain Type III devices.

    (a) The purpose of this section is to provide regulations for 
certification of certain Type III devices.
    (b) Any Type III device is considered certified under this section 
if:
    (1) It is used solely for the storage of sewage and flushwater at 
ambient 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 with the 
other regulations in this part except as required in paragraphs (b)(2) 
and (d) of this section and may not be labeled under Sec. 159.16.
    (d) Each device certified under this section which is installed 
aboard 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 for 
certification of a marine sanitation device. The application for 
certification must indicate whether the device will be used aboard all 
vessels or only aboard uninspected vessels and to which standard in 
Sec. 159.53 the manufacturer requests the device to be tested.
    (b) An application may be in any format but must be in writing and 
must

[[Page 522]]

be signed by an authorized representative of the manufacturer and 
include or be accompanied by:
    (1) A complete description of the manufacturer's production quality 
control and inspection methods, record keeping systems pertaining to the 
manufacture of marine sanitation devices, and testing procedures;
    (2) The design for the device, including drawings, specifications 
and other information that describes the materials, construction and 
operation of the device;
    (3) The installation, operation, and maintenance instructions for 
the device; and
    (4) The name and address of the applicant and the manufacturing 
facility.
    (c) The manufacturer must furnish the recognized facility one device 
of each model for which certification is requested and samples of each 
material from which the device is constructed, that must be tested 
destructively under Sec. 159.117. The device furnished is for the 
testing required by this part except that, for devices that are not 
suited for unit testing, the manufacturer may submit the design so that 
the recognized facility may determine the components of the device and 
materials to be submitted for testing and the tests to be performed at a 
place other than the facility. The Coast Guard must review and accept 
all such determinations before testing is begun.
    (d) At the time of submittal of an application to a recognized 
facility the manufacturer must notify the Coast Guard of the type and 
model of the device, the name of the recognized facility to which 
application is being made, and the name and address of the manufacturer, 
and submit a signed statement of the times when the manufacturer will 
permit designated officers and employees of the Coast Guard to have 
access to the manufacturer's facilities and all records required by this 
part.

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended by CGD 75-213, 41 FR 
15325, Apr. 12, 1976]



Sec. 159.15  Certification.

    (a) The recognized facility must evaluate the information that is 
submitted by the manufacturer in accordance with Sec. 159.14(b) (1), 
(2), and (3), evaluate the device for compliance with Sec. Sec. 159.53 
through 159.95, test the device in accordance with Sec. 159.101 and 
submit to the Commanding Officer, USCG Marine Safety Center, 2100 2nd 
St. SW., Stop 7102, Washington, DC 20593-7102 the following:
    (1) The information that is required under Sec. 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 of testing, 
that the test results are accurate and complete.
    (b) The Coast Guard certifies a test device, on the design of the 
device, if it determines, after consideration of the information that is 
required under paragraph (a) of this section, that the device meets the 
requirements in Subpart C of this part.
    (c) The Coast Guard notifies the manufacturer and recognized 
facility of its determination under paragraph (b) of this section. If 
the device is certified, the Coast Guard includes a certification number 
for the device. If certification is denied, the Coast Guard notifies the 
manufacturer and recognized facility of the requirements of this part 
that are not met. The manufacturer may appeal a denial to the Commanding 
Officer, USCG Marine Safety Center, 2100 2nd St. SW., Stop 7102, 
Washington, DC 20593-7102.
    (d) If upon re-examination of the test device, the Coast Guard 
determines that the device does not in fact comply with the requirements 
of Subpart C of this part, it may terminate the certification.

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended by CGD 75-213, 41 FR 
15326, Apr. 12, 1976; CGD 82-063a, 48 FR 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; USCG-2010-0351, 75 FR 36286, June 
25, 2010]



Sec. 159.16  Authorization to label devices.

    (a) When a test device is certified under Sec. 159.15(b), the Coast 
Guard will issue a letter that authorizes the manufacturer to label each 
device that he manufactures with the manufacturer's certification that 
the device is in all

[[Page 523]]

material respects substantially the same as a test device certified by 
the U.S. Coast Guard pursuant to section 312 of the Federal Water 
Pollution Control Act Amendments of 1972.
    (b) Certification placed on a device by its manufacturer under this 
section is the certification required by section 312(h)(4) of the 
Federal Water Pollution Control Act Amendments of 1972, which makes it 
unlawful for a vessel that is subject to the standards and regulations 
promulgated under the Act to operate on the navigable waters of the 
United States, if such vessel is not equipped with an operable marine 
sanitation device certified pursuant to section 312 of the Act.
    (c) Letters of authorization issued under this section are valid for 
5 years, unless sooner suspended, withdrawn, or terminated and may be 
reissued upon written request of the manufacturer to whom the letter was 
issued.
    (d) The Coast Guard, in accordance with the procedure in 46 CFR 
2.75, may suspend, withdraw, or terminate any letter of authorization 
issued under this section if the Coast Guard finds that the manufacturer 
is engaged in the manufacture of devices labeled under this part that 
are not in all material respects substantially the same as 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 part 
shall notify the Commanding Officer, USCG Marine Safety Center, 2100 2nd 
St. SW., Stop 7102, Washington, DC 20593-7102 in writing of any change 
in the design of the device.
    (b) A manufacturer shall include with a notice under paragraph (a) 
of this section a description of the change, its advantages, and the 
recommendation of the recognized facility as to whether the device 
remains in all material respects substantially the same as the original 
test device.
    (c) After notice under paragraph (a) of this section, the Coast 
Guard notifies the manufacturer and the recognized facility in writing 
of any tests that must be made for certification of the device or for 
any change in the letter of authorization. The manufacturer may appeal 
this determination to the Commandant (CG-52), 2100 2nd St. SW., Stop 
7126, Washington, DC 20593-7126.

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended by CGD 82-063a, 48 FR 
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; 
USCG-2010-0351, 75 FR 36286, June 25, 2010]



Sec. 159.19  Testing equivalency.

    (a) If a test required by this part may not be practicable or 
necessary, a manufacturer may apply to the Commanding Officer, USCG 
Marine Safety Center, 2100 2nd St. SW., Stop 7102, Washington, DC 20593-
7102 for deletion or approval of an alternative test as equivalent to 
the test requirements in this part. The application must include the 
manufacturer's justification for deletion or the alternative test and 
any alternative test data.
    (b) The Coast Guard notifies the manufacturer of its determination 
under paragraph (a) of this section and that determination is final.

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended by CGD 82-063a, 48 FR 
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; 
USCG-2010-0351, 75 FR 36286, June 25, 2010]



               Subpart C_Design, Construction, and Testing



Sec. 159.51  Purpose and scope.

    (a) This subpart prescribes regulations governing the design and 
construction of marine sanitation devices.
    (b) Unless otherwise authorized by the Coast Guard each device for 
which certification under this part is requested must meet the 
requirements of this subpart.



Sec. 159.53  General requirements.

    A device must:
    (a) Under the test conditions described in Sec. Sec. 159.123 and 
159.125, produce an effluent having a fecal coliform bacteria count not 
greater than 1,000 per 100 milliliters and no visible floating solids 
(Type I),
    (b) Under the test conditions described in Sec. Sec. 159.126 and 
159.126a, produce an effluent having a fecal coliform bacteria count not 
greater than

[[Page 524]]

200 per 100 milliliters and suspended solids not greater than 150 
milligrams per liter (Type II), or
    (c) Be designed to prevent the overboard discharge of treated or 
untreated sewage or any waste derived from sewage (Type III).

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended by CGD 75-213, 41 FR 
15325, Apr. 12, 1976]



Sec. 159.55  Identification.

    (a) Each production device must be legibly marked in accordance with 
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 an 
uninspected vessel.
    (6) Whether the device is Type I, II, or III.
    (b) The information required by paragraph (a) of this section must 
appear on a nameplate attached to the device or in lettering on the 
device. The nameplate or lettering stamped on the device must be capable 
of withstanding without loss of legibility the combined effects of 
normal wear and tear and exposure to water, salt spray, direct sunlight, 
heat, cold, and any substance listed in Sec. 159.117(b) and (c). The 
nameplate and lettering must be designed to resist efforts to remove 
them from the device or efforts to alter the information stamped on the 
nameplate or the device without leaving some obvious evidence of the 
attempted removal or alteration.

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended by CGD 75-213, 41 FR 
15325, Apr. 12, 1976]



Sec. 159.57  Installation, operation, and maintenance instructions.

    (a) The instructions supplied by the manufacturer must contain 
directions for each of the following:
    (1) Installation of the device in a manner that will permit ready 
access to all parts of the device requiring routine service and that 
will provide any flue clearance necessary for fire safety.
    (2) Safe operation and servicing of the device so that any discharge 
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 to operate 
the device, including instructions on the proper handling, storage and 
use of these chemicals.
    (6) Recommended methods of making required plumbing and electrical 
connections including fuel connections and supply circuit overcurrent 
protection.
    (b) The instructions supplied by the manufacturer must include the 
following 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, or 
uninspected vessel.
    (4) A complete parts list.
    (5) A schematic diagram showing the relative location of each part.
    (6) A wiring diagram.
    (7) A description of the service that may be performed by the user 
without coming into contact with sewage or chemicals.
    (8) Average and peak capacity of the device for the flow rate, 
volume, or number of persons that the device is capable of serving and 
the period of time the device is rated to operate at peak capacity.
    (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 incinerating 
devices.
    (12) The maximum angles of pitch and roll at which the device 
operates in accordance with the applicable requirements of Sec. 159.53.
    (13) Whether the device is designed to operate in salt, fresh, or 
brackish water.
    (14) The maximum hydrostatic pressure at which a pressurized sewage 
retention tank meets the requirements of Sec. 159.111.
    (15) The maximum operating level of liquid retention components.
    (16) Whether the device is Type I, II, or III.

[[Page 525]]

    (17) A statement as follows:

    Note: The EPA standards state that in freshwater lakes, freshwater 
reservoirs or other freshwater impoundments whose inlets or outlets are 
such as to prevent the ingress or egress by vessel traffic subject to 
this regulation, or in rivers not capable of navigation by interstate 
vessel traffic subject to this regulation, marine sanitation devices 
certified by the U.S. Coast Guard installed on all vessels shall be 
designed and operated to prevent the overboard discharge of sewage, 
treated or untreated, or of any waste derived from sewage. The EPA 
standards further state that this shall not be construed to prohibit the 
carriage of Coast Guard-certified flow-through treatment devices which 
have been secured so as to prevent such discharges. They also state that 
waters where a Coast Guard-certified marine sanitation device permitting 
discharge is allowed include coastal waters and estuaries, the Great 
Lakes and interconnected waterways, freshwater lakes and impoundments 
accessible through locks, and other flowing waters that are navigable 
interstate by vessels subject to this regulation (40 CFR 140.3).

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended by CGD 75-213, 41 FR 
15325, Apr. 12, 1976]



Sec. 159.59  Placard.

    Each device must have a placard suitable for posting on which is 
printed the operating instructions, safety precautions, and warnings 
pertinent to the device. The size of the letters printed on the placard 
must be one-eighth of an inch or larger.



Sec. 159.61  Vents.

    Vents must be designed and constructed to minimize clogging by 
either the contents of the tank or climatic conditions such as snow or 
ice.



Sec. 159.63  Access to parts.

    Each part of the device that is required by the manufacturer's 
instructions to be serviced routinely must be readily accessible in the 
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 chemical 
that is necessary for its effective operation.
    (b) A means of indicating when chemicals must be added for the 
proper continued operation of the device.



Sec. 159.67  Electrical component ratings.

    Electrical components must have current and voltage ratings equal to 
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 accordance 
with good marine practice. Wire must be copper and must be stranded. 
Electrical controls and conductors must be protected from exposure to 
chemicals and sewage.



Sec. 159.73  Conductors.

    Current carrying conductors must be electrically insulated from non-
current carrying metal parts.



Sec. 159.75  Overcurrent protection.

    Overcurrent protection must be provided within the unit to protect 
subcomponents of the device if the manufacturer's recommended supply 
circuit overcurrent protection is not adequate for these subcomponents.



Sec. 159.79  Terminals.

    Terminals must be solderless lugs with ring type or captive spade 
ends, must have provisions for being locked against movement from 
vibration, and must be marked for identification on the wiring diagram 
required in Sec. 159.57. Terminal blocks must be nonabsorbent and 
securely mounted. Terminal blocks must be provided with barrier 
insulation that prevents contact between adjacent terminals or metal 
surfaces.



Sec. 159.81  Baffles.

    Baffles in sewage retention tanks, if any, must have openings to 
allow liquid and vapor to flow freely across the top and bottom of the 
tank.

[[Page 526]]



Sec. 159.83  Level indicator.

    Each sewage retention device must have a means of indicating when 
the 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 of 
the liquid and solids in the sewage retention tank.



Sec. 159.87  Removal fittings.

    If sewage removal fittings or adapters are provided with the device, 
they must be of either 1\1/2\[sec] or 4[sec] nominal pipe size.



Sec. 159.89  Power interruption: Type I and II devices.

    A discharge device must be designed so that a momentary loss of 
power during operation of the device does not allow a discharge that 
does not meet the requirements in Sec. 159.53.

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended by CGD 75-213, 41 FR 
15326, Apr. 12, 1976]



Sec. 159.93  Independent supporting.

    The device must have provisions for supporting that are independent 
from connecting pipes.



Sec. 159.95  Safety.

    (a) Each device must--
    (1) Be free of design defects such as rough or sharp edges that may 
cause bodily injuries or that would allow toxic substances to escape to 
the interior of the vessel;
    (2) Be vented or provided with a means to prevent an explosion or 
over pressurization as a result of an accumulation of gases; and
    (3) Meet all other safety requirements of the regulations applicable 
to the type of vessel for which it is certified.
    (b) A chemical that is specified or provided by the manufacturer for 
use in the operation of a device and is defined as a hazardous material 
in 46 CFR part 146 must be certified by the procedures in 46 CFR part 
147.
    (c) Current carrying components must be protected from accidental 
contact by personnel operating or routinely servicing the device. All 
current carrying components must as a minimum be of drip-proof 
construction or be enclosed within a drip-proof compartment.



Sec. 159.97  Safety: inspected vessels.

    The Commanding Officer, USCG Marine Safety Center, approves the 
design and construction of devices to be certified for installation and 
operation on board inspected vessels on the basis of tests and reports 
of inspection under the applicable marine engineering requirements in 
subchapter F of Title 46, Code of Federal Regulations, and under the 
applicable electrical engineering requirements in subchapter J of Title 
46 Code of Federal Regulations.

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended by CGD 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 recognized 
facility must perform each test described in Sec. Sec. 159.103 through 
159.131. The same device must be used for each test and tested in the 
order in which the tests are described. There must be no cracking, 
softening, deterioration, displacement, breakage, leakage or damage of 
components or materials that affects the operation or safety of the 
device after each test described in Sec. Sec. 159.103 through 159.117 
and Sec. 159.121, and the device must remain operable after the test 
described in Sec. 159.119. The device must be set up in a manner 
simulating installation on a vessel in accordance with the 
manufacturer's instructions with respect to mounting, water supply, and 
discharge fittings.

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended by CGD 75-213, 41 FR 
15326, Apr. 12, 1976]



Sec. 159.103  Vibration test.

    The device, with liquid retention components, if any, filled with 
water to one-half of their volume, must be subjected to a sinusoidal 
vibration for a period of 12 hours, 4 hours in each of the x, y, and z 
planes, at the resonant frequency of the device (or at 55 cycles per 
second if there is no resonant frequency between 10 to 60 hertz) and 
with

[[Page 527]]

a peak amplitude of 0.019 to 0.021 inches.



Sec. 159.105  Shock test.

    The device, with liquid retention components, if any, filled with 
water to half of their volume, must be subjected to 1,000 vertical 
shocks that are ten times the force of gravity (10g) and have a duration 
of 20-25 milliseconds measured at the base of the half-sine shock 
envelope.



Sec. 159.107  Rolling test.

    (a) The device, with liquid retention components, if any, filled 
with water to half of their volume, must be subjected to 100 cycles with 
the axis of rotation 4 feet from the centerline of the device, no more 
than 6 inches below the plane of the bottom of the device, and parallel 
to any tank baffles. The device must then be rotated 90 degrees on its 
vertical axis and subjected to another 100 cycles. This testing must be 
repeated with the liquid retention components filled to the maximum 
operating level as specified by the manufacturer in Sec. 159.57.
    (b) Eighty percent of the rolling action must be approximately 15 
degrees on either side of the vertical and at a cyclic rate of 3 to 4 
seconds. Twenty percent motions must be approximately 30 degrees, or the 
maximum angle specified by the manufacturer under Sec. 159.57, 
whichever is greater, on either side of the vertical at a cyclic rate of 
6 to 8 seconds.



Sec. 159.109  Pressure test.

    Any sewage retention tank that is designed to operate under pressure 
must be pressurized hydrostatically at a pressure head of 7 feet or to 
150 percent of the maximum pressure specified by the manufacturer for 
operation of the tank, whichever is greater. The tank must hold the 
water at this pressure for 1 hour with no evidence of leaking.



Sec. 159.111  Pressure and vacuum pulse test.

    Liquid retention components of the device with manufacturer 
specified venting installed must be subjected to 50 fillings of water at 
a pressure head of 7 feet or the maximum pressure specified by the 
manufacturer for operation of the device, whichever is greater, and then 
emptied with a 45 gallon per minute or larger positive displacement pump 
that remains in operation 30 seconds after emptying the 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 or higher 
for a period of 16 hours.
    (b) The device must be held at a temperature of -40 [deg]C or less 
for a period of 16 hours following winterization in accordance with 
manufacturers' instructions.



Sec. 159.117  Chemical resistance test.

    (a) In each case where the recognized facility doubts the ability of 
a material to withstand exposure to the substances listed in paragraphs 
(b) and (c) of this section a sample of the material must be tested.
    (b) A sample referred to in paragraph (a) of this section must be 
partially submerged in each of the following substances for 100 hours at 
an ambient temperature of 22 [deg]C.
    (1) Sewage.
    (2) Any disinfectant that is required in the operation of the 
device.
    (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 1 hour 
drying period between dousings, in each of the following substances:
    (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]C with 
inlet operating fluid temperature varying from 2

[[Page 528]]

[deg]C to 32 [deg]C and in an ambient temperature of 50 [deg]C with 
inlet operating 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 which it 
is designed when tested in accordance with this section. There must be 
no sewage or sewage-treating chemicals remaining on surfaces or in 
crevices that could come in contact with a person using the device or 
servicing the device in accordance with the instructions supplied under 
Sec. 159.57(b)(7).
    (b) During the test the device must be operated and maintained in 
accordance with the manufacturer's instructions. Any initial start-up 
time specified by the manufacturer must be allowed before test periods 
begin. For 1 hour of each 8-hour test period, the device must be tilted 
to the maximum angles specified by the manufacturer under Sec. 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 at 
least an 8-consecutive hour period on at least 10 days within a 20-day 
period. The device must receive human sewage consisting of fecal matter, 
urine, and toilet paper in a ratio of four urinations to one defecation 
with at least one defecation per person per day. Devices must be tested 
at their average rate of capacity as specified in Sec. 159.57. In 
addition, during three periods of each day the system must process 
sewage at the peak capacity for the period of time it is rated at peak 
capacity.
    (d) A device that processes and discharges continuously between 
individual use periods or a large device, as determined by the Coast 
Guard, must process and discharge sewage over at least 10-consecutive 
days at the average daily capacity specified by the manufacturer. During 
three periods of each day the system must process sewage at the peak 
capacity for the period of time it is rated at peak capacity. The sewage 
for this test must be fresh, domestic sewage to which primary sludge has 
been added, as necessary, to create a test sewage with a minimum of 500 
milligrams of suspended solids per liter.

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended by USCG-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 40 
samples of effluent discharged from a Type I device during the test 
described in Sec. 159.121 must be less than 1000 per 100 milliliters 
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 the beginning, 
middle, and end of an 8-consecutive hour period with one additional 
sample taken immediately following the peak capacity processing period.

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended by CGD 75-213, 41 FR 
15326, Apr. 12, 1976]



Sec. 159.125  Visible floating solids: Type I devices.

    During the sewage processing test (Sec. 159.121) 40 effluent 
samples of approximately 1 liter each shall be taken from a Type I 
device at the same time as samples taken in Sec. 159.123 and passed 
expeditiously through a U.S. Sieve No. 12 as specified in ASTM E 11 
(incorporated by reference, see Sec. 159.4). The weight of the material 
retained on the screen 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 as milligrams per liter. This value must be 10 percent or less 
of the total suspended solids as determined in accordance with 40 CFR 
part 136 or at least 38 of the 40 samples.

    Note: 33 U.S.C. 1321(b)(3) prohibits discharge of harmful quantities 
of oil into or upon the navigable waters of the United States or 
adjoining shorelines or into or upon the waters of the contiguous zone. 
Under 40 CFR 110.3 and 110.4 such discharges of oil include discharges 
which:
    (a) Violate applicable water quality standards, or
    (b) Cause a film or sheen upon or discoloration of the surface of 
the water or adjoining shorelines or cause a sludge or emulsion to be 
deposited beneath the surface of the water or upon adjoining shorelines. 
If a sample contains a quantity of oil determined to be

[[Page 529]]

harmful, the Coast Guard will not certify the device.

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended by CGD 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 40 
samples of effluent from a Type II device during the test described in 
Sec. 159.121 must be 200 per 100 milliliters or less 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 the beginning, 
middle and end of an 8-consecutive hour period with one additional 
sample taken immediately following the peak capacity processing 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) 40 effluent 
samples must be taken at the same time as samples are taken for Sec. 
159.126 and they must be analyzed for total suspended solids in 
accordance with 40 CFR part 136. The arithmetic mean of the total 
suspended solids in 38 of 40 of these samples must be 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 recirculating 
device must have less than 240 fecal coliform bacteria per 100 
milliliters. These samples must be collected in accordance with Sec. 
159.123(b) and tested in accordance with 40 CFR part 136.

[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended by CGD 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 in 
an explosive atmosphere must pass the test in paragraph (b) or (c) of 
this section or meet the requirements of paragraph (d) or have a 
specific warning in the instruction manual required by Sec. 159.57 that 
the device should not be installed in an explosive atmosphere.
    (b) Components protected by vapor exclusion must be placed in a 
chamber filled with a rich mixture of gasoline or propane in air with 
the 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 must 
indicate a leakage less than 20 percent of the lower explosive limit of 
the mixture in the chamber.
    (c) Components providing ignition protection by means other than 
vapor exclusion must be fitted with an ignition source, such as a spark 
plug, and a means of injecting an explosive mixture of gasoline or 
propane and air into the void that protects the component. Connections 
must be made so as to minimize any additional volume added to the 
protected void by the apparatus delivering the explosive mixture. The 
component must be placed in a chamber filled with an explosive mixture 
and there must be no ignition of the explosive mixture surrounding the 
component when the following tests are conducted:
    (1) Using any overload protection that is part of the device, the 
potential ignition source must be operated for one half hour at 110 
percent of its rated voltage, one half hour at 50 percent of its rated 
voltage and one half hour at 100 percent of its rated voltage with the 
motor or armature locked, if the potential ignition source is a motor or 
part of a motor's electrical circuit.
    (2) With the explosive mixture in the protected void, the test 
installed ignition source must be activated 50 times.
    (3) The tests paragraphs (c) (1) and (2) of this section must be 
repeated with any plugs removed.
    (d) Components that are certified as being intrinsically safe in 
accordance with the Instrument Society of America (RP 12.2) or explosion 
proof in accordance with the Underwriters Laboratories STD 698 in Class 
I, Group D hazardous locations (46 CFR 111.80-5(a)) need not be 
subjected to this testing.

[[Page 530]]



Sec. 159.131  Safety: Incinerating device.

    An incinerating device must not incinerate unless the combustion 
chamber is closed, must purge the combustion chamber of combustible fuel 
vapors before and after incineration must secure automatically if the 
burner does not ignite, must not allow an accumulation of fuel, and must 
neither produce a temperature on surfaces adjacent to the incineration 
chamber higher than 67 [deg]C nor produce a temperature on surfaces in 
normal body contact higher than 41 [deg]C when operating in an ambient 
temperature of 25 [deg]C. Unitized incineration devices must completely 
burn to a dry, inert ash, a simultaneous 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 the 
Coast Guard under 46 CFR 159.010 to perform the tests and inspections 
required under this part. A list of accepted laboratories is available 
from the Commandant (CG-5213).

[CGD 95-028, 62 FR 51194, Sept. 30, 1997, as amended by USCG-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 Waters by Cruise 

                            Vessel Operations

    Source: 66 FR 38930, July 26, 2001, unless otherwise noted.



Sec. 159.301  Purpose.

    The purpose of this subpart is to implement ``Title XIV--Certain 
Alaskan Cruise Ship Operations'' contained in section 1(a)(4) of Pub. L. 
106-554, enacted on December 21, 2000, by prescribing regulations 
governing the discharges of sewage and graywater from cruise vessels, 
require sampling and testing of sewage and graywater discharges, and 
establish reporting and record keeping requirements.



Sec. 159.303  Applicability.

    This subpart applies to each cruise vessel authorized to carry 500 
or more passengers operating in the waters of the Alexander Archipelago 
and the navigable waters of the United States within the State of Alaska 
and within the Kachemak Bay National Estuarine Research Reserve.



Sec. 159.305  Definitions.

    In this subpart:
    Administrator--means the Administrator of the United States 
Environmental Protection Agency.
    Applicable Waters of Alaska--means the waters of the Alexander 
Archipelago and the navigable waters of the United States within the 
State of Alaska and within the Kachemak Bay National Estuarine Research 
Reserve.
    Captain of the Port--means the Captain of the Port as defined in 
Subpart 3.85 of this chapter.
    Conventional Pollutants--means the list of pollutants listed in 40 
CFR 401.16.
    Cruise Vessel--means a passenger vessel as defined in section 
2101(22) of Title 46, United States Code. The term does not include a 
vessel of the United States operated by the federal government or a 
vessel owned and operated by the government of a State.
    Discharge--means a release, however caused, from a cruise vessel, 
and includes, any escape, disposal, spilling, leaking, pumping, emitting 
or emptying.
    Environmental Compliance Records--includes the Sewage and Graywater 
Discharge Record Book, all discharge reports, all discharge sampling 
test results, as well as any other records that must be kept under this 
subpart.
    Graywater--means only galley, dishwasher, bath, and laundry waste 
water. The term does not include other wastes or waste streams.
    Navigable Waters--has the same meaning as in section 502 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 federally recognized Indian 
tribal government.

[[Page 531]]

    Priority Pollutant--means the list of toxic pollutants listed in 40 
CFR 401.15.
    Sewage--means human body wastes and the wastes from toilets and 
other receptacles intended to receive or retain body waste.
    Treated Sewage--means sewage meeting all applicable effluent 
limitation standards and processing requirements of the Federal Water 
Pollution Control Act, as amended and of Title XIV of Public Law 106-554 
``Certain Alaskan Cruise Ship Operations'', and regulations promulgated 
under either.
    Untreated Sewage--means sewage that is not treated sewage.
    Waters Of The Alexander Archipelago--means all waters under the 
sovereignty of the United States within or near Southeast Alaska as 
follows:
    (1) Beginning at a point 58[deg] 11-44 N, 136[deg] 39-25 W [near 
Cape Spencer Light], thence southeasterly along a line three nautical 
miles seaward of the baseline from which the breadth of the territorial 
sea is measured in the Pacific Ocean and the Dixon Entrance, except 
where this line intersects geodesics connecting 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 this 
definition situated beyond 3 nautical miles from the baseline from which 
the breadth of the territorial seas is measured from the outer limit of 
the waters of the Alexander Archipelago in those five locations.



Sec. 159.307  Untreated sewage.

    No person shall discharge any untreated sewage from a cruise vessel 
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 a 
cruise vessel into the applicable waters of Alaska unless:
    (1) The cruise vessel is underway and proceeding at a speed of not 
less than six knots;
    (2) The cruise vessel is not less than one nautical mile from the 
nearest shore, except in areas designated by the Coast Guard in 
consultation with the State of Alaska;
    (3) The discharge complies with all applicable cruise vessel 
effluent standards established pursuant to Pub. L. 106-554 and any other 
applicable law, and
    (4) The cruise vessel is not in an area where the discharge of 
treated sewage or graywater is prohibited.
    (b) Until such time as the Administrator promulgates regulations 
addressing effluent quality standards for cruise vessels operating in 
the applicable waters of Alaska, treated sewage and graywater may be 
discharged from vessels in circumstances otherwise prohibited under 
paragraph (a)(1) and (2) of this section provided that:
    (1) Notification to the Captain of the Port (COTP) is made not less 
than 30 days prior to the planned discharge, and such notice includes 
results of tests showing compliance with this section;
    (2) The discharge satisfies the minimum level of effluent quality 
specified in 40 CFR 133.102;
    (3) The geometric mean of the samples from the discharge during any 
30-day period does not exceed 20 fecal coliform/100 milliliters (ml) and 
not more than 10 percent of the samples exceed 40 fecal coliform/100 ml;
    (4) Concentrations of total residual chlorine do not exceed 10.0 
micrograms per liter ([micro]gm/l);
    (5) Prior to any such discharge occurring, the owner, operator or 
master, or other person in charge of a cruise vessel, can demonstrate to 
the COTP that test results from at least five samples taken from the 
vessel representative of the effluent to be discharged, on different 
days over a 30-day period, conducted in accordance with the guidelines 
promulgated by the Administrator in 40 CFR part 136, which confirm that 
the water quality of the effluents proposed for discharge is in

[[Page 532]]

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 to Sec. 
159.317 of this subpart, the owner, operator, master or other person in 
charge of a cruise vessel shall demonstrate continued compliance through 
sampling and testing for conventional pollutants and residual chlorine 
of all treated sewage and graywater effluents periodically as determined 
by the COTP.

[66 FR 38930, July 26, 2001, as amended at USCG-2005-21531, 70 FR 36350, 
June 23, 2005]



Sec. 159.311  Safety exception.

    The regulations in this subpart shall not apply to discharges made 
for the purpose of securing the safety of the cruise vessel or saving 
life at sea, provided that all reasonable precautions have been taken 
for the purpose of preventing or minimizing the discharge.



Sec. 159.313  Inspection for compliance and enforcement.

    (a) Cruise vessels operating within the applicable waters of Alaska 
are subject to inspection by the Coast Guard to ensure compliance with 
this subpart.
    (b) An inspection under this section shall include an examination of 
the Sewage and Graywater Discharge Record Book required under Sec. 
159.315 of this subpart, environmental compliance records, and a general 
examination of the vessel. A copy of any entry in the Sewage and 
Graywater Discharge Record Book may be made and the Master of the vessel 
may be required to certify that the copy is a true copy of the original 
entry.
    (c) A vessel not in compliance with this subpart may be subject to 
the penalties set out in Sec. 159.321, denied entry into the applicable 
waters of Alaska, detained, or restricted in its operations by order of 
the COTP.



Sec. 159.315  Sewage and graywater discharge record book.

    (a) While operating in the applicable waters of Alaska each cruise 
vessel shall maintain, in English, a legible Sewage and Graywater 
Discharge Record Book with the vessel's name and official number listed 
on the front cover and at the top of each page.
    (b) Entries shall be made in the Sewage and Graywater Discharge 
Record Book whenever any of the following is released into the 
applicable 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 Book 
shall, 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 treatment used;
    (4) Time discharge port is opened;
    (5) Vessel's latitude and longitude at the time the discharge port 
is opened;
    (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 port 
is secured; and
    (10) Vessel's minimum speed during discharge.
    (d) In the event of an emergency, accidental or other exceptional 
discharge of sewage or graywater, a statement shall be made in the 
Sewage and Graywater Discharge Record Book of the circumstances and 
reasons for the discharge and an immediate notification of the discharge 
shall be made to the COTP.
    (e) Each entry of a discharge shall be recorded without delay and 
signed and dated by the person or persons in charge of the discharge 
concerned and each completed page shall be signed and dated by the 
master or other person having charge of the ship.
    (f) The Sewage and Graywater Discharge Record Book shall be kept in 
such a place as to be readily available for inspection at all reasonable 
times and shall be kept on board the ship.
    (g) The master or other person having charge of a ship required to 
keep a Sewage and Graywater Discharge

[[Page 533]]

Record Book shall be responsible for the maintenance of such record.
    (h) The Sewage and Graywater Discharge Record Book shall be 
maintained 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 a 
cruise vessel that discharges treated sewage and/or graywater in the 
applicable waters of Alaska shall;
    (1) Not less than 90 days prior to each vessel's initial entry into 
the applicable waters of Alaska during any calendar year, provide to the 
COTP certification of participation under a Quality Assurance/Quality 
Control Plan (QA/QCP) accepted by the COTP for sampling and analysis of 
treated sewage and/or graywater for the current operating season;
    (2) Not less than 30 days nor more than 120 days prior to each 
vessel's initial entry into the applicable waters of Alaska during any 
calendar year, provide a certification to the COTP that the vessel's 
treated sewage and graywater effluents meet the minimum standards 
established by the Administrator, or in the absence of such standards, 
meet the minimum established in Sec. 159.319 of this subpart;
    (3) Within 30 days of each vessel's initial entry into the 
applicable waters of Alaska during any calendar year, provide to the 
COTP a Vessel Specific Sampling Plan (VSSP) for review and acceptance, 
and undergo sampling and testing for conventional pollutants of all 
treated sewage and graywater effluents as directed by the COTP;
    (4) While operating in the applicable waters of Alaska be subject to 
unannounced sampling of treated sewage and graywater discharge 
effluents, or combined treated sewage/graywater discharge effluents for 
the purpose of testing for a limited suite, as determined by the Coast 
Guard, of priority pollutants;
    (5) While operating in the applicable waters of Alaska be subject to 
additional random sampling events, in addition to all other required 
sampling, of some or all treated sewage and graywater discharge 
effluents for conventional and/or priority pollutant testing as directed 
by the COTP;
    (6) Ensure all samples, as required by this section, are collected 
and tested by a laboratory accepted by the Coast Guard for the testing 
of conventional and priority pollutants, as defined by this subpart, and 
in accordance with the cruise vessel's Coast Guard accepted QA/QCP and 
VSSP;
    (7) Pay all costs associated with development of an acceptable QA/
QCP and VSSP, sampling and testing of effluents, reporting of results, 
and any additional environmental record keeping as required by 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 preservation methods 
and holding times, and transportation protocols, including chain of 
custody;
    (2) Laboratory analytical information including methods used, 
calibration, detection limits, and the laboratory's internal QA/QC 
procedures;
    (3) Quality assurance audits used to determine the effectiveness of 
the QA program; and
    (4) Procedures and deliverables for data validation used to assess 
data precision and accuracy, the representative nature of the samples 
drawn, comparability, and completeness of measure parameters.
    (c) A VSSP is a working document used during the sampling events 
required 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 sampling 
ports;
    (6) Description of discharges; and
    (7) A table documenting the type of discharge, type of sample drawn 
(grab or composite), parameters to test for (conventional or priority 
pollutants), vessel location when sample drawn, date and time of the 
sampling event.
    (d) Test results for conventional pollutants shall be submitted 
within 15

[[Page 534]]

calendar days of the date the sample was collected, and for priority 
pollutants within 30 calendar days of the date the sample was collected, 
to the COTP directly by the laboratory conducting the testing and in 
accordance with the Coast Guard accepted QA/QCP.
    (e) Samples collected for analysis under this subpart shall be held 
by the laboratory contracted to do the analysis for not less than six 
months, or as directed by the COTP.
    (f) Reports required under this section may be written or 
electronic. If electronic, the reports must be in a format readable by 
Coast Guard and Alaska Department of Environmental Conservation data 
systems.



Sec. 159.319  Fecal coliform and total suspended solids standards.

    (a) Treated sewage effluent discharges. Until such time as the 
Administrator promulgates effluent discharge standards for treated 
sewage, treated sewage effluent discharges in the applicable waters of 
Alaska shall not have a fecal coliform bacterial count of greater than 
200 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 or class II civil 
penalty by the Secretary or his delegatee.
    (2) Classes of penalties. (i) Class I. The amount of a class I civil 
penalty under this section may not exceed $10,000 per violation, except 
that the maximum amount of any class I civil penalty under this section 
shall not exceed $25,000. Before assessing a civil penalty under this 
subparagraph, the Secretary or his delegatee shall give to the person to 
be assessed such penalty written notice of the Secretary's proposal to 
assess the penalty and the opportunity to request, within 30 days of the 
date the notice is received by such person, a hearing on the proposed 
penalty. Such hearing shall not be subject to 5 U.S.C. 554 or 556, but 
shall provide a reasonable opportunity to be heard and to present 
evidence.
    (ii) Class II. The amount of a class II civil penalty under this 
section may not exceed $10,000 per day for each day during which the 
violation continues, except that the maximum amount of any class II 
civil penalty under this section shall not exceed $125,000. Except as 
otherwise provided in paragraph (a) of this section, a class II civil 
penalty shall be assessed and collected in the same manner, and subject 
to the same provisions as in the case of civil penalties assessed and 
collected after notice and an opportunity for hearing on the record in 
accordance with 5 U.S.C. 554. Proceedings to assess a class II 
administrative civil penalty under this section will be governed by 33 
CFR part 20.
    (3) Rights of interested persons. (i) Public notice. Before issuing 
an order assessing a class II civil penalty under this paragraph, the 
Secretary shall provide public notice of and reasonable opportunity to 
comment on the proposed issuance of each order.
    (ii) Presentation of evidence. Any person who comments on a proposed 
assessment of a class II civil penalty under this section shall be given 
notice of any hearing held under paragraph (a) of this section, and of 
the order assessing such penalty. In any hearing held under paragraph 
(a)(3) of this section, such person shall have a reasonable opportunity 
to be heard and present evidence.
    (iii) Rights of interested persons to a hearing. If no hearing is 
held under paragraph (a)(2) of this section before issuance of an order 
assessing a class II civil penalty under this section, any person who 
commented on the proposed assessment may petition, within 30 days after 
the issuance of such an order, the Secretary or his delegatee to set 
aside such order and provide a hearing on the penalty. If the evidence 
presented by the petitioner in support of the petition is material and 
was not considered in the issuance of the order, the Secretary, or his 
delegatee, shall immediately set aside such order and provide a hearing 
in accordance with paragraph (a)(2)(ii) of this section. If the 
Secretary or his delegatee denies a hearing under this clause, the 
Secretary or his delegatee shall provide to

[[Page 535]]

the petitioner and publish in the Federal Register notice of and the 
reasons for such denial.
    (b) Civil judicial penalties--(1) Generally. Any person who violates 
this subpart shall be subject to a civil penalty not to exceed $25,000 
per day for each violation. Each day a violation continues constitutes a 
separate violation.
    (2) Limitation. A person is not liable for a civil judicial penalty 
under this paragraph for a violation if the person has been assessed a 
civil administrative penalty under paragraph (a) of this section for the 
violation.
    (c) Determination of amount. In determining the amount of a civil 
penalty under paragraphs (a) or (b) of this section, the court or the 
Secretary or his delegatee shall consider the seriousness of the 
violation, any history of such violations, any good-faith efforts to 
comply with applicable requirements, the economic impact of the penalty 
on the violator, and other such matters as justice may require.
    (d) Criminal penalties--(1) Negligent violations. Any person who 
negligently violates this subpart commits a Class A misdemeanor.
    (2) Knowing violations. Any person who knowingly violates this 
subpart commits a Class D felony.
    (3) False statements. Any person who knowingly makes any false 
statement, representation, or certification in any record, report or 
other document filed or required to be maintained under this subpart, or 
who falsifies, tampers with, or knowingly renders inaccurate any testing 
or monitoring device or method required to be maintained 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, may pay from 
any fines or civil penalties collected under this section an amount not 
to exceed one-half of the penalty or fine collected to any individual 
who furnished information which leads to the payment of the penalty or 
fine. If several individuals provide such information, the amount shall 
be divided equitably among such individuals. No officer or employee of 
the United States, the State of Alaska or any Federally recognized Tribe 
who furnishes information or renders service in the performance of his 
or her official duties shall be eligible for payment under this 
paragraph.
    (2) The Secretary, his delegatee, or a court, when assessing any 
fines or civil penalties, as the case may be, may pay, from any fines or 
civil penalties collected under this section, to the State of Alaska or 
any Federally recognized Tribe providing information or investigative 
assistance which leads to payment of the penalty or fine, an amount 
which reflects the level of information or investigative assistance 
provided. Should the State of Alaska or a Federally recognized Tribe and 
an individual under paragraph (e)(1) of this 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 violation of this 
subpart is liable in rem for any fine imposed under paragraph (c) of 
this section or for any civil penalty imposed under paragraphs (a) or 
(b) of this section, and may be proceeded against in the United States 
district court of any district in which the cruise vessel may be found.

[[Page 536]]



                 SUBCHAPTER P_PORTS AND WATERWAYS SAFETY



PART 160_PORTS AND WATERWAYS SAFETY_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.

                   Subpart D_Crewmember Identification

160.300 Applicability.
160.305 Exceptions.
160.310 Definitions.
160.315 Crewmember identification requirement.
160.320 Sanctions and vessel control.

    Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. Chapter 701; Department 
of Homeland Security Delegation No. 0170.1. Subpart C is also 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 Ports and 
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 and carried 
in integral or fixed independent tanks.
    Captain of the Port means the Coast Guard officer designated by the 
Commandant to command a Captain of the Port Zone as described in part 3 
of this chapter.
    Commandant means the Commandant of the United States Coast Guard.
    Deviation means any departure from any rule in this subchapter.
    Director, Vessel Traffic Services means the Coast Guard officer 
designated by the Commandant to command a Vessel Traffic Service (VTS) 
as described in part 161 of this chapter.
    District Commander means the Coast Guard officer designated by the 
Commandant to command a Coast Guard District as described in part 3 of 
this chapter.
    ETA means estimated time of arrival.
    Length of Tow means, when towing with a hawser, the length in feet 
from the stern of the towing vessel to the stern of the last vessel in 
tow. When pushing ahead or towing alongside, length of tow means the 
tandem length in feet of the vessels in tow excluding the length 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 Trust Territories of the 
Pacific Islands, the Commonwealth of the Northern Marianas Islands, and 
any other commonwealth, territory, or possession of the United States.
    Tanker means a self-propelled tank vessel constructed or adapted 
primarily to carry oil or hazardous materials in bulk in the cargo 
spaces.

[[Page 537]]

    Tank Vessel means a vessel that is constructed or adapted to carry, 
or that carries, oil or hazardous material in bulk as cargo or cargo 
residue.
    Vehicle means every type of conveyance capable of being used as a 
means of transportation on land.
    Vessel means every description of watercraft or other artificial 
contrivance used, or capable of being used, as a means of transportation 
on water.
    Vessel Traffic Services (VTS) means a service implemented under part 
161 of this chapter by the United States Coast Guard designed to improve 
the safety and efficiency of vessel traffic and to protect the 
environment. The VTS has the capability to interact with marine traffic 
and respond to traffic situations developing in the VTS area.
    Vessel Traffic Service Area or VTS Area means the geographical area 
encompassing a specific VTS area of service as described in part 161 of 
this chapter. This area of service may be subdivided into sectors for 
the purpose of allocating responsibility to individual Vessel Traffic 
Centers or to identify different operating requirements.

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

    VTS Special Area means a waterway within a VTS area in which special 
operating requirements apply.

[CGD 90-020, 59 FR 36323, July 15, 1994, as amended at USCG-2010-0351, 
75 FR 36286, June 25, 2010]



Sec. 160.5  Delegations.

    (a) District Commanders and Captains of the Ports are delegated the 
authority to establish safety zones.
    (b) Under the provisions of Sec. Sec. 6.04-1 and 6.04-6 of this 
chapter, District Commanders and Captains of the Ports have been 
delegated authority to establish security zones.
    (c) Under the provisions of Sec. 1.05-1 of this chapter, District 
Commanders have been delegated authority to establish regulated 
navigation areas.
    (d) Subject to the supervision of the cognizant Captain of the Port 
and District Commander, Directors, Vessel Traffic Services are delegated 
authority under 33 CFR 1.01-30 to discharge the duties of the Captain of 
the Port that involve directing the operation, movement, and anchorage 
of vessels within a Vessel Traffic Service area including management of 
vessel traffic within anchorages, regulated navigation areas and safety 
zones, and to enforce Vessel Traffic Service and ports and waterways 
safety regulations. This authority may be exercised by Vessel Traffic 
Center personnel. The Vessel Traffic Center may, within the Vessel 
Traffic Service area, provide information, make recommendations, or, to 
a vessel required under part 161 of this chapter to participate in a 
Vessel Traffic Service, issue an order, including an order to operate or 
anchor as directed; require the vessel to comply with orders issued; 
specify times of entry, movement or departure; restrict operations as 
necessary for safe operation under the circumstances; or take other 
action necessary for control of the vessel and the safety of the port or 
of the marine environment.

[CGD 79-026, 48 FR 35404, Aug. 4, 1983, as amended by CGD 88-037, 53 FR 
21815, June 10, 1988; CGD 90-020, 59 FR 36324, July 15, 1994; USCG-2010-
0351, 75 FR 36287, June 25, 2010]



Sec. 160.7  Appeals.

    (a) Any person directly affected by a safety zone or an order or 
direction issued under this subchapter may request reconsideration by 
the official who issued it or in whose name it was issued. This request 
may be made orally or in writing, and the decision of the official 
receiving the request may be rendered orally or in writing.
    (b) Any person directly affected by the establishment of a safety 
zone or by an order or direction issued by, or on behalf of, a Captain 
of the Port may appeal to the District Commander through the Captain of 
the Port. The appeal must be in writing, except as allowed under 
paragraph (e) of this section, and shall contain complete supporting 
documentation and evidence which the appellant wishes to have 
considered. Upon receipt of the appeal, the District Commander may 
direct a representative to gather and submit documentation or other 
evidence which

[[Page 538]]

would be necessary or helpful to a resolution of the appeal. A copy of 
this documentation and evidence is made available to the appellant. The 
appellant is afforded five working days from the date of receipt to 
submit rebuttal materials. Following submission of all materials, the 
District Commander issues a ruling, in writing, on the appeal. Prior to 
issuing the ruling, the District Commander may, as a matter of 
discretion, allow oral presentation on the issues.
    (c) Any person directly affected by the establishment of a safety 
zone or by an order or direction issued by, or on behalf of, a District 
Commander, or who receives an unfavorable ruling on an appeal taken 
under paragraph (b) of this section may appeal to the Area Commander 
through the District Commander. The appeal must be in writing, except as 
allowed under paragraph (e) of this section, and shall contain complete 
supporting documentation and evidence which the appellant wishes to have 
considered. Upon receipt of the appeal, the Area Commander may direct a 
representative to gather and submit documentation or other evidence 
which would be necessary or helpful to a resolution of the appeal. A 
copy of this documentation and evidence is made available to the 
appellant. The appellant is afforded five working days from the date of 
receipt to submit rebuttal materials. Following submission of all 
materials, the Area Commander issues a ruling, in writing, on the 
appeal. Prior to issuing the ruling, the Area Commander may, as a matter 
of discretion, allow oral presentation on the issues.
    (d) Any person who receives an unfavorable ruling on an appeal taken 
under paragraph (c) of this section, may appeal through the Area 
Commander to the Assistant Commandant for Prevention (formerly known as 
the Assistant Commandant for Marine Safety, Security and Environmental 
Protection), U.S. Coast Guard, (CG-5), 2100 2nd St. SW., Stop 7355, 
Washington, DC 20593-7355. The appeal must be in writing, except as 
allowed under paragraph (e) of this section. The Area Commander forwards 
the appeal, all the documents and evidence which formed the record upon 
which the order or direction was issued or the ruling under paragraph 
(c) of this section was made, and any comments which might be relevant, 
to the Assistant Commandant for Prevention. A copy of this documentation 
and evidence is made available to the appellant. The appellant is 
afforded five working days from the date of receipt to submit rebuttal 
materials to the Assistant Commandant for Prevention. The decision of 
the Assistant Commandant for Prevention is based upon the materials 
submitted, without oral argument or presentation. The decision of the 
Assistant Commandant for Prevention is issued in writing and constitutes 
final agency action.
    (e) If the delay in presenting a written appeal would have 
significant adverse impact on the appellant, the appeal under paragraphs 
(b) and (c) of this section may initially be presented orally. If an 
initial presentation of the appeal is made orally, the appellant must 
submit the appeal in writing within five days of the oral presentation 
to the Coast Guard official to whom the presentation was made. The 
written appeal must contain, at a minimum, the basis for the appeal and 
a summary of the material presented orally. If requested, the official 
to whom the appeal is directed may stay the effect of the action while 
the ruling is being appealed.

[CGD 79-026, 48 FR 35404, Aug. 4, 1983, as amended by CGD 88-052, 53 FR 
25122, July 1, 1988; CGD 96-026, 61 FR 33668, 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 FR 17409, Apr. 9, 2007; 
USCG-2010-0351, 75 FR 36287, June 25, 2010]



           Subpart B_Control of Vessel and Facility Operations



Sec. 160.101  Purpose.

    This subpart describes the authority exercised by District 
Commanders and Captains of the Ports to insure the safety of vessels and 
waterfront facilities, and the protection of the navigable waters and 
the resources therein. The controls described in this subpart are 
directed to specific situations and hazards.

[[Page 539]]



Sec. 160.103  Applicability.

    (a) This subpart applies to any--
    (1) Vessel on the navigable waters of the United States, except as 
provided in paragraphs (b) and (c) of this section;
    (2) Bridge or other structure on or in the navigable waters of the 
United States; and
    (3) Land structure or shore area immediately adjacent to the 
navigable waters of the United States.
    (b) This subpart does not apply to any vessel on the Saint Lawrence 
Seaway.
    (c) Except pursuant to international treaty, convention, or 
agreement, to which the United States is a party, this subpart does not 
apply to any foreign vessel that is not destined for, or departing from, 
a port or place subject to the jurisdiction of the United States and 
that is in:
    (1) Innocent passage through the territorial sea of the United 
States;
    (2) Transit through the navigable waters of the United States which 
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 under 
this subpart must comply with that order.



Sec. 160.107  Denial of entry.

    Each District Commander or Captain of the Port, subject to 
recognized principles of international law, may deny entry into the 
navigable waters of the United States or to any port or place under the 
jurisdiction of the United States, and within the district or zone of 
that District Commander or Captain of the Port, to any vessel not in 
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 or other 
structure on or in the navigable waters of the United States, or any 
land structure or shore area immediately adjacent to such waters, and to 
protect the navigable waters and the resources therein from harm 
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) of explosives 
or other dangerous articles and substances, including oil or hazardous 
material as those terms are defined in 46 U.S.C. 2101 on any structure 
on or in the navigable waters of the United States, or any land 
structure or shore area immediately adjacent to those waters; and
    (2) Conduct examinations to assure compliance with the safety 
equipment requirements for structures.

[CGD 79-026, 48 FR 35404, Aug. 4, 1983, as amended by USCG-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 vessel to 
operate or anchor in the manner directed when:
    (a) The District Commander or Captain of the Port has reasonable 
cause to believe that the vessel is not in compliance with any 
regulation, law or treaty;
    (b) The District Commander or Captain of the Port determines that 
the vessel does not satisfy the conditions for vessel operation and 
cargo transfers specified in Sec. 160.113; or
    (c) The District Commander or Captain of the Port has determined 
that such order is justified in the interest of safety by reason of 
weather, visibility, sea conditions, temporary port congestion, other 
temporary 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 prohibit any 
vessel, subject to the provisions of chapter 37 of Title 46, U.S. Code, 
from operating in the navigable waters of the United States, or from 
transferring cargo or residue in any port or place under the 
jurisdiction of the United States, and within the district or zone of 
that District Commander or Captain of the

[[Page 540]]

Port, if the District Commander or the Captain of the Port determines 
that the vessel's history of accidents, pollution incidents, or serious 
repair problems creates reason to believe that the vessel may be unsafe 
or pose a threat to the marine environment.
    (b) The authority to issue orders prohibiting operation of the 
vessels or transfer of cargo or residue under paragraph (a) of this 
section also applies if the vessel:
    (1) Fails to comply with any applicable regulation;
    (2) Discharges oil or hazardous material in violation of any law or 
treaty of the United States;
    (3) Does not comply with applicable vessel traffic service 
requirements;
    (4) While underway, does not have at least one deck officer on the 
navigation bridge who is capable of communicating in the English 
language.
    (c) When a vessel has been prohibited from operating in the 
navigable waters of the United States under paragraphs (a) or (b) of 
this section, the District Commander or Captain of the Port may allow 
provisional entry into the navigable waters of the United States, or 
into any port or place under the jurisdiction of the United States and 
within the district or zone of that District Commander or Captain of the 
Port, if the owner or operator of such vessel proves to the satisfaction 
of the District Commander or Captain of the Port, that the vessel is not 
unsafe or does not pose a threat to the marine environment, and that 
such entry is necessary for the safety of the vessel or the persons on 
board.
    (d) A vessel which has been prohibited from operating in the 
navigable waters of the United States, or from transferring cargo or 
residue in a port or place under the jurisdiction of the United States 
under the provisions of paragraph (a) or (b)(1), (2) or (3) of this 
section, may be allowed provisional entry if the owner or operator 
proves, to the satisfaction of the District Commander or Captain of the 
Port that has jurisdiction, that the vessel is no longer unsafe or a 
threat to the environment, and that the condition which gave rise to the 
prohibition no longer exists.

[CGD 79-026, 48 FR 35404, Aug. 4, 1983, as amended by CGD 96-026, 61 FR 
33668, June 28, 1996; USCG-1998-3799, 63 FR 35531, June 30, 1998; USCG-
2006-24371, 74 FR 11212, Mar. 16, 2009]



Sec. 160.115  Withholding of clearance.

    Each District Commander or Captain of the Port may request the 
Secretary of the Treasury, or the authorized representative thereof, to 
withhold or revoke the clearance required by 46 U.S.C. App. 91 of any 
vessel, the owner or operator of which is subject to any penalties under 
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 FR 35531, 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 submitting 
Notices of Arrival (NOA) and Notice of Hazardous Condition. The sections 
in this subpart describe:
    (a) Applicability and exemptions from requirements in this subpart;
    (b) Required information in an NOA;
    (c) Required changes to an NOA;
    (d) Methods and times for submission of an NOA and changes to an 
NOA;
    (e) How to obtain a waiver; and
    (f) Requirements for submission of the Notice of Hazardous 
Conditions.



Sec. 160.202  Applicability.

    (a) This subpart applies to U.S. and foreign vessels bound for or 
departing from ports or places in the United States.
    (b) This subpart does not apply to U.S. recreational vessels under 
46 U.S.C. 4301 et seq., but does apply to foreign recreational vessels.
    (c) Unless otherwise specified in this subpart, the owner, agent, 
master, operator, or person in charge of a vessel regulated by this 
subpart is responsible

[[Page 541]]

for compliance with the requirements in this subpart.
    (d) Towing vessels controlling a barge or barges required to submit 
an NOA under this subpart must submit only one NOA containing the 
information required for the towing vessel and each barge under its 
control.

[USCG-2002-11865, 68 FR 9543, Feb. 28, 2003, as amended by USCG-2004-
19963, 70 FR 74669, Dec. 16, 2005]



Sec. 160.203  Exemptions.

    (a) Except for reporting notice of hazardous conditions, the 
following vessels are exempt from requirements in this subpart:
    (1) Passenger and supply vessels when they are employed in the 
exploration for or in the removal of oil, gas, or mineral resources on 
the continental shelf.
    (2) Oil Spill Recovery Vessels (OSRVs) when engaged in actual spill 
response operations or during spill response exercises.
    (3) Vessels operating upon the following waters:
    (i) Mississippi River between its sources and mile 235, Above Head 
of Passes;
    (ii) Tributaries emptying into the Mississippi River above mile 235;
    (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 River to 
mile zero on the Mobile River and all other tributaries between those 
two points.
    (b) If not carrying certain dangerous cargo or controlling another 
vessel carrying certain dangerous cargo, the following vessels are 
exempt from NOA requirements in this subpart:
    (1) Vessels 300 gross tons or less, except for foreign vessels 
entering any port or place in the Seventh Coast Guard District as 
described in 33 CFR 3.35-1(b).
    (2) Vessels operating exclusively within a Captain of the Port Zone.
    (3) Vessels arriving at a port or place under force majeure.
    (4) Towing vessels and barges operating solely between ports or 
places in the continental United States.
    (5) Public vessels.
    (6) Except for tank vessels, U.S. vessels operating solely between 
ports or places in the United States on the Great Lakes.
    (c) Vessels less than 500 gross tons need not submit the 
International Safety Management (ISM) Code Notice (Entry (7) to Table 
160.206).
    (d) Vessels operating solely between ports or places in the 
continental 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 with the 
U.S. Customs Service (USCS) reporting or submission requirements.
    (f) U.S. vessels need not submit the International Ship and Port 
Facility Code (ISPS) Notice information (Entry (9) to Table 160.206).

[USCG-2002-11865, 68 FR 9543, Feb. 28, 2003, as amended 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 or corporation 
engaged by the owner or charterer of a vessel to act in their 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 carried on board 
a vessel without containers or labels and received and handled 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 required 
under 49 CFR 176.415 or, for which a permit is required as a condition 
of a Research and Special Programs Administration exemption.
    (3) Division 2.3 ``poisonous gas'', as listed in 49 CFR 172.101 that 
is also a ``material poisonous by inhalation'' as defined in 49 CFR 
171.8, and that is in a quantity in excess of 1 metric ton per vessel.

[[Page 542]]

    (4) Division 5.1 oxidizing materials for which a permit is required 
under 49 CFR 176.415 or for which a permit is required as a condition of 
a Research and Special Programs Administration exemption.
    (5) A liquid material that has a primary or subsidiary 
classification of Division 6.1 ``poisonous material'' as listed in 49 
CFR 172.101 that is also a ``material poisonous by inhalation,'' as 
defined in 49 CFR 171.8 and that is in a bulk packaging, or that is in a 
quantity in excess of 20 metric tons per vessel when not in a bulk 
packaging.
    (6) Class 7, ``highway route controlled quantity'' radioactive 
material or ``fissile material, controlled shipment,'' as defined in 49 
CFR 173.403.
    (7) Bulk liquefied chlorine gas and Bulk liquefied gas cargo that is 
flammable and/or toxic and carried under 46 CFR 154.7.
    (8) The following bulk liquids:
    (i) Acetone cyanohydrin,
    (ii) Allyl alcohol,
    (iii) Chlorosulfonic acid,
    (iv) Crotonaldehyde,
    (v) Ethylene chlorohydrin,
    (vi) Ethylene dibromide,
    (vii) Methacrylonitrile, 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) material 
in 49 CFR 172.101 that is not certain dangerous cargo residue (CDC 
residue).
    (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 ammonium nitrate 
in bulk or ammonium nitrate based fertilizer in bulk remaining after all 
saleable cargo is discharged, not exceeding 1,000 pounds in total and 
not individually accumulated in quantities exceeding two cubic feet.
    Charterer means the person or organization that contracts for the 
majority of the carrying capacity of a ship for the transportation of 
cargo to a stated port for a specified period. This includes ``time 
charterers'' and ``voyage charterers.''
    Crewmember means all persons carried on board the vessel to provide 
navigation and maintenance of the vessel, its machinery, systems, and 
arrangements essential for propulsion and safe navigation or to provide 
services for other persons on board.
    Great Lakes means Lakes Superior, Michigan, Huron, Erie, and 
Ontario, their connecting and tributary waters, the Saint Lawrence River 
as far as Saint Regis, and adjacent port areas.
    Gross tons means the tonnage determined by the tonnage authorities 
of a vessel's flag state in accordance with the national tonnage rules 
in force before the entry into force of the International Convention on 
Tonnage Measurement of Ships, 1969 (``Convention''). For a vessel 
measured only under Annex I of the Convention, gross tons means that 
tonnage. For a vessel measured under both systems, the higher gross 
tonnage is the tonnage used for the purposes of the 300-gross-ton 
threshold.
    Hazardous condition means any condition that may adversely affect 
the safety of any vessel, bridge, structure, or shore area or the 
environmental quality of any port, harbor, or navigable waterway of the 
United States. It may, but need not, involve collision, allision, fire, 
explosion, grounding, leaking, damage, injury or illness of a person 
aboard, or manning-shortage.
    Nationality means the state (nation) in which a person is a citizen 
or to which a person owes permanent allegiance.
    Operator means any person including, but not limited to, an owner, a 
charterer, or another contractor who conducts, or is responsible for, 
the operation of a vessel.
    Persons in addition to crewmembers mean any person onboard the 
vessel, including passengers, who are not included on the list of 
crewmembers.
    Port or place of departure means any port or place in which a vessel 
is anchored or moored.
    Port or place of destination means any port or place in which a 
vessel is bound to anchor or moor.
    Public vessel means a vessel that is owned or demise-(bareboat) 
chartered by the government of the United States, by a State or local 
government,

[[Page 543]]

or by the government of a foreign country and that is not engaged in 
commercial service.
    Time charterer means the party who hires a vessel for a specific 
amount of time. The owner and his crew manage the vessel, but the 
charterer selects the ports of destination.
    Voyage charterer means the party who hires a vessel for a single 
voyage. The owner and his crew manage the vessel, but the charterer 
selects the ports of destination.

[USCG-2002-11865, 68 FR 9543, Feb. 28, 2003, as amended by USCG-2004-
19963, 70 FR 74669, Dec. 16, 2005]



Sec. 160.206  Information required in an NOA.

    (a) Each NOA must contain all of the information items specified in 
Table 160.206.

                                      Table 160.206--NOA Information Items
----------------------------------------------------------------------------------------------------------------
                                                                                      Vessels carrying CDC
                                                                               ---------------------------------
                                                                 Vessels not                      Towing vessels
                     Required information                        carrying CDC                      controlling
                                                                                    Vessels          vessels
                                                                                                   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 number or, 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 ports                 X                X                X
     or places visited;......................................
    (iii) For each port or place in the United States to be                 X                X                X
     visited list 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, the estimated date and time of departure;......
    (vi) The location (port or place and country) or position               X                X                X
     (latitude and longitude or waterway and mile marker) of
     the vessel at the time of reporting; and................
    (vii) The name and telephone number of a 24-hour point of               X                X                X
     contact.................................................
(3) Cargo Information:
    (i) A general description of cargo, other than CDC,                     X                X                X
     onboard the vessel (e.g.: grain, container, oil, etc.);.
    (ii) Name of each certain dangerous cargo carried,         ...............               X                X
     including cargo UN 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
     identification and number);.............................
    (v) Position or duties on the vessel; and................               X                X                X
    (vi) Where the crewmember embarked (list port or place                  X                X                X
     and country)............................................
(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 by Sec.                    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
     Compliance certificate that covers the vessel;..........

[[Page 544]]

 
    (ii) The date of issuance for the vessel's Safety                       X                X                X
     Management Certificate; and.............................
    (iii) The name of the Flag Administration, or the                       X                X                X
     recognized organization(s) representing the vessel flag
     administration, that issued those certificates..........
(8) Cargo Declaration (Customs Form 1302) as described in 19                X                X                X
 CFR 4.7.....................................................
(9) International Ship and Port Facility Code (ISPS) Notice
 *:
    (i) The date of issuance for the vessel's International                 X                X                X
     Ship Security 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 plan,                 X                X                X
     if any, is being implemented;...........................
    (iv) If a subsequent and consecutive Interim ISSC, the                  X                X                X
     reasons therefor;.......................................
    (v) The name and 24-hour contact information for the                    X                X                X
     Company Security Officer; and...........................
    (vi) The name of the Flag Administration, or the                        X                X               X
     recognized security organization(s) representing the
     vessel flag Administration that issued the ISSC.........
----------------------------------------------------------------------------------------------------------------
* The information required by items 9(i)-(iii) need not be submitted before January 1, 2004. All other
  information required by item 9 need not be submitted before July 1, 2004.

    (b) Vessels operating solely between ports or places in the 
continental United States need submit only the name of and date of 
arrival and departure for the last port or places visited to meet the 
requirements in entries (2)(i) and (ii) to Table 160.206 of this 
section.
    (c) You may submit a copy of INS Form I-418 to meet the requirements 
of entries (4) and (5) in Table 160.206.
    (d) Any vessel planning to enter two or more consecutive ports or 
places in the United States during a single voyage may submit one 
consolidated Notification of Arrival at least 96 hours before entering 
the first port or place of destination. The consolidated notice must 
include the name of the port or place and estimated arrival and 
departure date for each destination of the voyage. Any vessel submitting 
a consolidated notice under this section must still meet the 
requirements of Sec. 160.208 of this part concerning requirements for 
changes to an NOA.

[USCG-2002-11865, 68 FR 9543, Feb. 28, 2003, as amended 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 NOA 
information changes, vessels must submit a notice of change within the 
times 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 the time 
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 items to 
be corrected, and the new location or position of the vessel at the time 
of reporting. Only changes to NOA information need to be submitted.



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 this section, vessels must 
submit NOA information required by Sec. 160.206 (entries 1 through 9 in 
Table 160.206) to the

[[Page 545]]

NVMC, United States Coast Guard, 408 Coast Guard Drive, Kearneysville, 
WV 25430, by:
    (1) Electronic submission via the electronic Notice of Arrival and 
Departure (eNOAD) and consisting of the following three formats:
    (i) A Web site that can be used to submit NOA information directly 
to the NVMC, accessible from the NVMC web site at http://
www.nvmc.uscg.gov;
    (ii) Electronic submission of Extensible Markup Language (XML) 
formatted documents via web service;
    (iii) Electronic submission via Microsoft InfoPath; contact the NVMC 
at [email protected] or by telephone at 1-800-708-9823 or 304-264-2502 
for more information;
    (2) E-mail at [email protected]. Workbook available at http://
www.nvmc.uscg.gov;
    (3) Fax at 1-800-547-8724 or 304-264-2684. Workbook available at 
http://www.nvmc.uscg.gov; or,
    (4) Telephone at 1-800-708-9823 or 304-264-2502.
    (b) Saint Lawrence Seaway transits. Those vessels transiting the 
Saint Lawrence Seaway inbound, bound for a port or place in the United 
States, may meet the submission requirements of paragraph (a) of this 
section by submitting the required information to the Saint Lawrence 
Seaway Development Corporation and the Saint Lawrence Seaway Management 
Corporation of Canada by fax at 315-764-3235 or at 315-764-3200. The 
Cargo Declaration (Customs Form 1302) in entry (8) in Table 160.206 must 
be submitted electronically to the USCS, as required by paragraph (d) of 
this section.
    (c) Seventh Coast Guard District. Those foreign vessels 300 or less 
gross tons operating in the Seventh Coast Guard District must submit an 
NOA to the cognizant Captain of the Port (COTP). The Cargo Declaration 
(Customs Form 1302) in entry (8) in Table 160.206 must be submitted 
electronically to the USCS, as required by paragraph (d) of this 
section.
    (d) Submission to the United States Customs Service's Sea Automated 
Manifest System (AMS). (1) Beginning July 1, 2003, the Cargo Declaration 
(Customs Form 1302) in entry (8) in Table 160.206 must be submitted 
electronically to the USCS Sea AMS by one of the following methods:
    (i) By direct connection with USCS or by purchasing the proper 
software; or
    (ii) Using a service provider or a Port Authority.
    (2) To become a participant in Sea AMS, submitters must provide a 
letter of intent to USCS prior to first submission.

[USCG-2002-11865, 68 FR 9543, Feb. 28, 2003; 68 FR 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 last sentence of paragraph (b), the last sentence 
of paragraph (c), and paragraph (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 times required in 
paragraph (a)(3) of this section.
    (2) Towing vessels, when in control of a vessel carrying CDC and 
operating solely between ports or places in the continental United 
States, must submit an NOA before departure but at least 12 hours before 
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 the
                                    port or place of destination; or
(ii) Less than 96 hours..........  Before departure but at least 24
                                    hours before entering the port or
                                    place of destination.
------------------------------------------------------------------------

    (b) Submission of changes to NOA. (1) Except as set out in paragraph 
(b)(2) of this section, vessels must submit changes in NOA information 
within the times required in paragraph (b)(3) of this section.
    (2) Towing vessels, when in control of a vessel carrying CDC and 
operating solely between ports or places in the continental United 
States, must submit changes to an NOA as soon as practicable but at 
least 6 hours before entering the port or place of destination.
    (3) Times for submitting changes to NOAs are as follows:

[[Page 546]]



------------------------------------------------------------------------
If your remaining voyage time is--   Then you must submit changes to an
                                                   NOA--
------------------------------------------------------------------------
(i) 96 hours or more;............  As soon as practicable but at least
                                    24 hours before entering the port or
                                    place of destination;
(ii) Less than 96 hours but not    As soon as practicable but at least
 less than 24 hours; or             24 hours before entering the port or
                                    place of destination; or
(iii) Less than 24 hours.........  As soon as practicable but at least
                                    12 hours 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 vessels must 
submit to USCS the Cargo Declaration (Customs Form 1302) in entry (8) to 
Table 160.206, within the times required in paragraph (a)(3) of this 
section.
    (2)(i) Except for vessels carrying containerized cargo or break bulk 
cargo, vessels carrying bulk cargo may submit the Cargo Declaration 
(Customs Form 1302), (Entry (8) to Table 160.206) before departure but 
at least 24 hours before entering the U.S. port or place of destination.
    (ii) Vessels carrying break bulk cargo operating under a USCS 
exemption granted under 19 CFR 4.7(b)(4)(ii) may, during the effective 
period of the USCS exemption, submit the Cargo Declaration (Customs Form 
1302), (Entry (8) to Table 160.206) before departure but at least 24 
hours before entering the U.S. port or place of destination.

[USCG-2002-11865, 68 FR 9543, Feb. 28, 2003; 68 FR 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 the Port's 
designated zone, any of the requirements of this subpart for any vessel 
or class of vessels upon finding that the vessel, route, area of 
operations, conditions of the voyage, or other circumstances are such 
that application of this subpart is unnecessary or impractical for 
purposes of safety, environmental protection, or national security.



Sec. 160.215  Notice of hazardous conditions.

    Whenever there is a hazardous condition either aboard a vessel or 
caused by a vessel or its operation, the owner, agent, master, operator, 
or person in charge shall immediately notify the nearest Coast Guard 
Sector Office or Group Office. (Compliance with this section does not 
relieve responsibility for the written report required by 46 CFR 4.05-
10.)

[USCG-2002-11865, 68 FR 9543, Feb. 28, 2003, as amended by USCG-2006-
25556, 72 FR 36328, July 2, 2007]



                   Subpart D_Crewmember Identification

    Source: USCG-2007-28648, 74 FR 19140, Apr. 28, 2009, unless 
otherwise noted.



Sec. 160.300  Applicability.

    (a) This subpart applies to crewmembers on the following vessels in 
the navigable waters of the United States en route to a U.S. port or 
place of destination or at a U.S. port or place:
    (1) A foreign vessel engaged in commercial service, and
    (2) A U.S. vessel engaged in commercial service and coming from a 
foreign port or place of departure.
    (b) This subpart also applies to the operators of the vessels listed 
in paragraph (a) of this section.



Sec. 160.305  Exceptions.

    Requirements in this subpart do not apply to crewmembers and 
operators on a vessel bound for a U.S. port or place of destination 
under force majeure.



Sec. 160.310  Definitions.

    As used in this subpart, and only for purposes of this supbpart--
    Acceptable identification means a:
    (1) Passport;
    (2) U.S. Permanent Resident Card;
    (3) U.S. merchant mariner document;
    (4) U.S. merchant mariner credential;
    (5) Transportation Worker Identification Credential (TWIC) issued by 
the Transportation Security Administration under 49 CFR part 1572; or

[[Page 547]]

    (6) Seafarer's Identification Document (SID) issued by or under the 
authority of the government of a country that has ratified the 
International Labour Organization Seafarers' Identity Documents 
Convention (Revised), 2003 (ILO 185), meeting all the requirements of 
ILO 185.
    Commercial service means any type of trade or business involving the 
transportation of goods or individuals, except service performed by a 
combatant vessel.
    Crewmember means all persons carried onboard a vessel to provide: 
navigation services; maintenance of the vessel, its machinery, or 
systems; arrangements essential for propulsion or safe navigation; or 
services for other persons onboard.
    Foreign vessel means a vessel of foreign registry or operated under 
the authority of a country except the United States.
    Navigable waters of the United States means the same as this term is 
defined in 33 CFR 2.36(a). This includes a 12-nautical-mile wide U.S. 
territorial sea as measured from the baseline, U.S. internal waters 
subject to tidal influence, and certain U.S. internal waters not subject 
to tidal influence.
    Operator means any person including, but not limited to, an owner, a 
charterer, or another contractor who conducts, or is responsible for, 
the operation of a vessel.
    Passport means any travel document issued by competent authority 
showing the bearer's origin, identity, and nationality if any, which is 
valid for the admission of the bearer into a foreign country.
    Port or place of departure means any port or place in which a vessel 
is anchored or moored.
    Port or place of destination means any port or place in which a 
vessel is bound to anchor or moor.



Sec. 160.315  Crewmember identification requirement.

    (a) A crewmember subject to this subpart must carry and present on 
demand an acceptable identification. An operator subject to this subpart 
must ensure that every crewmember on the vessel has an acceptable 
identification in his or her possession when the vessel is in the 
navigable waters of the United States. For purposes of this section, a 
crewmember may secure his or her acceptable identification with the 
vessel's master, so long as the identification can be presented on 
demand.
    (b) Compliance with the requirements in this section does not 
relieve vessel crewmembers and operators of any requirements under the 
Immigration and Nationality Act (INA) or INA implementing regulations. 
Likewise, compliance with INA requirements does not relieve vessel 
crewmembers and operators of the requirements in this section.



Sec. 160.320  Sanctions and vessel control.

    Failure to comply with this subpart will subject the crewmember and 
operator to a civil penalty under 46 U.S.C. 70119 and the vessel to 
control under 33 U.S.C. 1223(b).



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).

[[Page 548]]

161.23 Reporting exemptions.

 Subpart C_Vessel Traffic Service and Vessel Movement Reporting 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 the Cooperative 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 Homeland Security Delegation No. 
0170.1.

    Source: CGD 90-020, 59 FR 36324, July 15, 1994, unless otherwise 
noted.



                    Subpart A_Vessel Traffic Services

                              General Rules



Sec. 161.1  Purpose and Intent.

    (a) The purpose of this part is to promulgate regulations 
implementing and enforcing certain sections of the Ports and Waterways 
Safety Act (PWSA) setting up a national system of Vessel Traffic 
Services that will enhance navigation, vessel safety, and marine 
environmental protection, and promote safe vessel movement by reducing 
the potential for collisions, rammings, and groundings, and the loss of 
lives and property associated with these incidents within VTS areas 
established hereunder.
    (b) Vessel Traffic Services provide the mariner with information 
related to the safe navigation of a waterway. This information, coupled 
with the mariner's compliance with the provisions set forth in this 
part, enhances the safe routing of vessels through congested waterways 
or waterways of particular hazard. Under certain circumstances, a VTS 
may issue directions to control the movement of vessels in order to 
minimize the risk of collision between vessels, or damage to property or 
the environment.
    (c) The owner, operator, charterer, master, or person directing the 
movement of a vessel remains at all times responsible for the manner in 
which the vessel is operated and maneuvered, and is responsible for the 
safe navigation of the vessel under all circumstances. Compliance with 
these rules or with a direction of the VTS 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 a 
vessel from the consequences of any neglect to comply with this part or 
any other applicable law or regulation (e.g., the International 
Regulations for Prevention of Collisions at Sea, 1972 (72 COLREGS) or 
the Inland Navigation Rules) or of the neglect of any precaution which 
may be required by the ordinary practice of seamen, or by the special 
circumstances of the case.



Sec. 161.2  Definitions.

    For the purposes of this part:
    Cooperative Vessel Traffic Services (CVTS) means the system of 
vessel traffic management established and jointly operated by the United 
States and Canada within adjoining waters. In addition, CVTS facilitates 
traffic movement and anchorages, avoids jurisdictional disputes, and 
renders assistance in emergencies in adjoining United States and 
Canadian waters.
    Hazardous Vessel Operating Condition means any condition related to 
a vessel's ability to safely navigate or maneuver, and includes, but is 
not limited to:
    (1) The absence or malfunction of vessel operating equipment, such 
as 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, personnel 
shortage, or similar condition.
    (3) Vessel characteristics that affect or restrict maneuverability, 
such as

[[Page 549]]

cargo arrangement, trim, loaded condition, underkeel clearance, speed, 
or similar characteristics.
    Navigable waters means all navigable waters of the United States 
including the territorial sea of the United States, extending to 12 
nautical miles from United States baselines, as described in 
Presidential Proclamation No. 5928 of December 27, 1988.
    Precautionary Area means a routing measure comprising an area within 
defined limits where vessels must navigate with particular caution and 
within which the direction of traffic may be recommended.
    Towing Vessel means any commercial vessel engaged in towing another 
vessel astern, alongside, or by pushing ahead.
    Vessel Movement Center (VMC) means the shore-based facility that 
operates the vessel tracking system for a Vessel Movement Reporting 
System (VMRS) area or sector within such an area. The VMC does not 
necessarily have the capability or qualified personnel to interact with 
marine traffic, nor does it necessarily respond to traffic situations 
developing in the area, as does a Vessel Traffic Service (VTS).
    Vessel Movement Reporting System (VMRS) means a mandatory reporting 
system used to monitor and track vessel movements. This is accomplished 
by a vessel providing information under established procedures as set 
forth in this part in the areas defined in Table 161.12(c) (VTS and VMRS 
Centers, Call Signs/MMSI, Designated Frequencies, and Monitoring Areas).
    Vessel Movement Reporting System (VMRS) User means a vessel, or an 
owner, operator, charterer, Master, or person directing the movement of 
a vessel that is required to participate in a VMRS.
    Vessel Traffic Center (VTC) means the shore-based facility that 
operates the vessel traffic service for the Vessel Traffic Service area 
or sector within such an area.
    Vessel Traffic Services (VTS) means a service implemented by the 
United States Coast Guard designed to improve the safety and efficiency 
of vessel traffic and to protect the environment. The VTS has the 
capability to interact with marine traffic and respond to traffic 
situations developing in the VTS area.
    Vessel Traffic Service Area or VTS Area means the geographical area 
encompassing a specific VTS area of service. This area of service may be 
subdivided into sectors for the purpose of allocating responsibility to 
individual Vessel Traffic Centers or to identify different operating 
requirements.

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

    VTS Special Area means a waterway within a VTS area in which special 
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 (VMRS User).
    VTS User's Manual means the manual established and distributed by 
the VTS to provide the mariner with a description of the services 
offered and rules in force for that VTS. Additionally, the manual may 
include chartlets showing the area and sector boundaries, general 
navigational information about the area, and procedures, radio 
frequencies, reporting provisions and other information which may assist 
the mariner while in the VTS area.

[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGE 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 and may 
also apply to any vessel while underway or at anchor on the navigable 
waters of the United States within a VTS area, to the extent the VTS 
considers necessary.



Sec. 161.4  Requirement to carry the rules.

    Each VTS User shall carry on board and maintain for ready reference 
a copy of these rules.


[[Page 550]]


    Note: These rules are contained in the applicable U.S. Coast Pilot, 
the VTS User's Manual which may be obtained by contacting the 
appropriate VTS, and periodically published in the Local Notice to 
Mariners. The VTS User's Manual and the World VTS Guide, an 
International Maritime Organization (IMO) recognized publication, 
contain additional information which may assist the prudent mariner 
while in the appropriate VTS area.



Sec. 161.5  Deviations from the rules.

    (a) Requests to deviate from any provision in this part, either for 
an extended period of time or if anticipated before the start of a 
transit, must be submitted in writing to the appropriate District 
Commander. Upon receipt of the written request, the District Commander 
may authorize a deviation if it is determined that such a deviation 
provides a level of safety equivalent to that provided by the required 
measure or is a maneuver considered necessary for safe navigation under 
the circumstances. An application for an authorized deviation must state 
the need and fully describe the proposed alternative to the required 
measure.
    (b) Requests to deviate from any provision in this part due to 
circumstances that develop during a transit or immediately preceeding a 
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 a deviation if it is 
determined that, based on vessel handling characteristics, traffic 
density, radar contacts, environmental conditions and other relevant 
information, such a deviation provides a level of safety equivalent to 
that provided by the required measure or is a maneuver considered 
necessary for safe navigation under the circumstances.

[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by USCG-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 marine 
environment, a VTS may issue advisories, or respond to vessel requests 
for 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 vessel 
operating conditions, if applicable, and intended navigation movements, 
as reported;
    (h) Temporary measures in effect;
    (i) A description of local harbor operations and conditions, such as 
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 navigation and 
vessel safety and to protect the marine environment, such as, but not 
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 shall 
comply with all measures established or directions issued by a VTS.
    (b) If, in a specific circumstance, a VTS User is unable to safely 
comply with a measure or direction issued by the VTS, the VTS User may 
deviate only to the extent necessary to avoid endangering persons, 
property or the environment. The deviation shall be reported to the VTS 
as soon as is practicable.

[[Page 551]]

    (c) When not exchanging voice communications, a VTS User must 
maintain a listening watch as required by Sec. 26.04(e) of this chapter 
on the VTS frequency designated in Table 161.12(c) (VTS and VMRS 
Centers, Call Signs/MMSI, Designated Frequencies, and Monitoring Areas). 
In addition, the VTS User must respond promptly when hailed and 
communicate in the English language.

    Note to Sec. 161.12(c): As stated in 47 CFR 80.148(b), a very high 
frequency watch on Channel 16 (156.800 MHz) is not required on vessels 
subject to the Vessel Bridge-to-Bridge Radiotelephone 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.

      Table 161.12(c)--VTS and VMRS Centers, Call Signs/MMSI, Designated Frequencies, and Monitoring Areas
----------------------------------------------------------------------------------------------------------------
                                              Designated frequency (Channel
        Center MMSI \1\ Call Sign               designation)--purpose \2\            Monitoring area \3,4\
----------------------------------------------------------------------------------------------------------------
Berwick Bay 003669950--
Berwick Traffic..........................  156.550 MHz (Ch. 11)..............  The waters south of
                                                                                29[deg]45[min] N., west of
                                                                                91[deg]10[min] W., north of
                                                                                29[deg]37[min] N., and east of
                                                                                91[deg]18[min] W.
Buzzards Bay
Buzzards Bay Control \5\.................  156.600 MHz (Ch. 12)..............  The waters east and north of a
                                                                                line drawn from the southern
                                                                                tangent of Sakonnet Point, Rhode
                                                                                Island, in approximate position
                                                                                latitude 41[deg]-27.2[min] N,
                                                                                longitude 70[deg]-11.7[min] W,
                                                                                to the Buzzards Bay Entrance
                                                                                Light in approximate position
                                                                                latitude 41[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 latitude 41[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 (north of)
                                                                                the hurricane barrier, and the
                                                                                passages through the Elizabeth
                                                                                Islands, is not considered to be
                                                                                ``Buzzards Bay''.
Houston-Galveston--003669954.............  ..................................  The navigable waters north of
                                                                                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)..............   line extending 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)..............   line extending 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 Movement Reporting System
                                                                                Area: The navigable waters
                                                                                within a 25 nautical mile 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 of the Ohio River
                                                                                between McAlpine Locks (Mile
                                                                                606) and Twelve Mile Island
                                                                                (Mile 593), only when the
                                                                                McAlpine upper pool gauge is at
                                                                                approximately 13.0 feet or
                                                                                above.
Lower Mississippi River \6\--0036699952
New Orleans Traffic......................  156.700 MHz (Ch.14)...............  The navigable waters 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 of
                                                                                Passes (AHP)), the Southwest
                                                                                Pass, and, within a 12 nautical
                                                                                miles radius around
                                                                                28[deg]54.3[min] N.,
                                                                                89[deg]25.7[min] W. (Southwest
                                                                                Pass Entrance Light at 19.9
                                                                                miles Below Head of Passes).
New Orleans Traffic......................  156.600 MHz (Ch.12)...............  New Orleans Sector. The navigable
                                                                                waters of the Lower Mississippi
                                                                                River bounded on 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 drawn
                                                                                perpendicularly at
                                                                                29[deg]56.24[min] N.,
                                                                                89[deg]59.86[min] W. (88 and 106
                                                                                miles AHP).

[[Page 552]]

 
New York--003669951
New York Traffic.........................  156.550 MHz (Ch. 11)..............  The area consists of the
                                           --For Sailing Plans only..........   navigable waters of the Lower
                                           156.600 MHz (Ch. 12)..............   New York Bay bounded on the east
                                           --For vessels at anchor...........   by a line drawn from Norton
                                                                                Point to Breezy Point; on the
                                                                                south by a line connecting the
                                                                                entrance buoys at the Ambrose
                                                                                Channel, Swash Channel, and
                                                                                Sandy Hook Channel to Sandy Hook
                                                                                Point; and on the southeast
                                                                                including the waters of 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 Railroad
                                                                                Bridge, then north into waters
                                                                                of the Arthur Kill and Newark
                                                                                Bay to the Lehigh Valley Draw
                                                                                Bridge at latitude 40[deg]
                                                                                41.9N; and then east including
                                                                                the waters of the Kill Van Kull
                                                                                and the Upper New York Bay north
                                                                                to a line drawn east-west from
                                                                                the Holland Tunnel ventilator
                                                                                shaft 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 waters of the East
                                                                                River to the Throgs Neck Bridge,
                                                                                excluding the Harlem River.
New York Traffic.........................  156.700 MHz (Ch. 14)..............  The navigable waters of the Lower
                                                                                New York Bay west of a line
                                                                                drawn from Norton Point to
                                                                                Breezy Point; and north of a
                                                                                line connecting the entrance
                                                                                buoys of Ambrose Channel, Swash
                                                                                Channel, and Sandy Hook Channel,
                                                                                to Sandy Hook Point; on the
                                                                                southeast including the waters
                                                                                of the Sandy Hook Bay south to a
                                                                                line drawn at latitude 40[deg]
                                                                                25[min] N; then west into the
                                                                                waters of Raritan Bay East Reach
                                                                                to a line drawn from Great Kills
                                                                                Light south through Raritan Bay
                                                                                East Reach LGB 14 to
                                                                                Comfort PT, NJ; then north
                                                                                including the waters of the
                                                                                Upper New York Bay south of
                                                                                40[deg] 42.40[min] N (Brooklyn
                                                                                Bridge) and 40[deg] 43.70[min] N
                                                                                (Holland Tunnel Ventilator
                                                                                Shaft); west through the KVK
                                                                                into the Arthur Kill north of
                                                                                40[deg] 38.25[min] N (Arthur
                                                                                Kill Railroad Bridge); then
                                                                                north into the waters of the
                                                                                Newark Bay, south of 40[deg]
                                                                                41.95[min] N (Lehigh Valley Draw
                                                                                Bridge).
New York Traffic.........................  156.600 MHz (Ch. 12)..............  The navigable waters of 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 the Raritan Bay
                                                                                East Reach LGB 14 to
                                                                                Point Comfort, NJ; then west to
                                                                                the Raritan River Railroad
                                                                                Bridge; and north including the
                                                                                waters of the Arthur Kill to
                                                                                40[deg] 28.25[min] N (Arthur
                                                                                Kill Railroad Bridge); including
                                                                                the waters of the East River
                                                                                north of 40[deg] 42.40[min] N
                                                                                (Brooklyn Bridge) to the Throgs
                                                                                Neck Bridge, excluding the
                                                                                Harlem River.
Port Arthur \6\--003669955
Sabine Traffic...........................  To be determined..................  The navigable waters south of
                                                                                30[deg]10[min] N., east of
                                                                                94[deg]20[min] W., west of
                                                                                93[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 waters south of
                                                                                61[deg]05[min] N., east of
                                                                                147[deg]20[min] W., north of
                                                                                60[deg] N., and west of
                                                                                146[deg]30[min] W.; and, all
                                                                                navigable waters in Port Valdez.
Puget Sound \7\
Seattle Traffic--003669957...............  156.700 MHz (Ch. 14)..............  The waters of Puget Sound, Hood
                                                                                Canal and adjacent waters south
                                                                                of a line connecting Nodule
                                                                                Point and Bush Point in
                                                                                Admiralty Inlet and south of a
                                                                                line drawn due east from the
                                                                                southernmost tip of Possession
                                                                                Point on Whidbey Island to the
                                                                                shoreline.
Seattle Traffic--003669957...............  156.250 MHz (Ch. 5A)..............  The waters 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 de Fuca north and east of
                                                                                Race Rocks; the navigable waters
                                                                                of the Strait of Georgia east of
                                                                                122[deg]52[min] W.; the San Juan
                                                                                Island Archipelago, Rosario
                                                                                Strait, Bellingham Bay;
                                                                                Admiralty Inlet north of a line
                                                                                connecting Nodule Point and Bush
                                                                                Point and all waters east of
                                                                                Whidbey Island North of a line
                                                                                drawn due east from the
                                                                                southernmost tip of Possession
                                                                                Point on Whidbey Island to the
                                                                                shoreline.
Tofino Traffic--003160012................  156.725 MHz (Ch. 74)..............  The waters west of
                                                                                124[deg]40[min] W. within 50
                                                                                nautical miles of the coast of
                                                                                Vancouver Island including the
                                                                                waters north of 48[deg] N., and
                                                                                east of 127[deg] W.

[[Page 553]]

 
Victoria Traffi--003160010...............  156.550 MHz (Ch. 11)..............  The waters of the Strait of
                                                                                Georgia west of 122[deg]52[min]
                                                                                W., the navigable waters of the
                                                                                central Strait of Juan de Fuca
                                                                                north and east of Race Rocks,
                                                                                including the Gulf Island
                                                                                Archipelago, Boundary Pass and
                                                                                Haro Strait.
San Francisco--003669956
San Francisco Traffic....................  156.700 MHz (Ch. 14)..............  The navigable waters of the San
                                                                                Francisco Offshore Precautionary
                                                                                Area, the navigable waters
                                                                                shoreward of the San Francisco
                                                                                Offshore Precautionary Area east
                                                                                of 122[deg]42.0[min] W. and
                                                                                north of 37[deg]40.0[min] N.
                                                                                extending eastward through the
                                                                                Golden Gate, and the navigable
                                                                                waters of San Francisco Bay and
                                                                                as far east as the port of
                                                                                Stockton on the San Joaquin
                                                                                River, as far north as the port
                                                                                of Sacramento on the Sacramento
                                                                                River.
San Francisco Traffic....................  156.600 MHz (Ch. 12)..............  The navigable waters within a 38
                                                                                nautical mile radius of Mount
                                                                                Tamalpais (37[deg]55.8[min] N.,
                                                                                122[deg]34.6[min] W.) west of
                                                                                122[deg]42.0[min] W. and south
                                                                                of 37[deg]40.0[min] N and
                                                                                excluding the San Francisco
                                                                                Offshore Precautionary Area.
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) and
                                                                                46[deg]38.7[min] N. (lle
                                                                                Parisienne Light), except the
                                                                                St. Marys Falls Canal and those
                                                                                navigable waters east of a line
                                                                                from 46[deg]04.16[min] N. and
                                                                                46[deg]01.57[min] N. (La Pointe
                                                                                to Sims Point in Potagannissing
                                                                                Bay and Worsley Bay).
----------------------------------------------------------------------------------------------------------------
Notes:
\1\ Maritime Mobile Service Identifier (MMSI) is a unique nine-digit number assigned that identifies ship
  stations, ship earth stations, coast stations, coast earth stations, and group calls for use by a digital
  selective calling (DSC) radio, an INMARSAT ship earth station or AIS. AIS requirements are set forth in Sec.
  Sec.  161.21 and 164.46 of this subchapter. The requirements set forth in Sec. Sec.  161.21 and 164.46 of
  this subchapter apply in those areas denoted with a MMSI number.
\2\ In the event of a communication failure, difficulties or other safety factors, the Center may direct or
  permit a user to monitor and report on any other designated monitoring frequency or the bridge-to-bridge
  navigational frequency, 156.650 MHz (Channel 13) or 156.375 MHz (Ch. 67), to the extent that doing so provides
  a level of safety beyond that provided by other means. The bridge-to-bridge navigational frequency, 156.650
  MHz (Ch. 13), is used in certain monitoring areas where the level of reporting does not warrant a designated
  frequency.
\3\ All geographic coordinates (latitude and longitude) are expressed 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 a listening watch on the designated monitoring frequency in these areas. Otherwise, they are
  required to maintain watch as stated in 47 CFR 80.148.
\5\ In addition to the vessels denoted in section 161.16 of this chapter, requirements set forth in subpart B of
  33 CFR part 161 also apply to any vessel transiting VMRS Buzzards Bay required to carry a bridge-to-bridge
  radiotelephone by part 26 of this chapter.
\6\ Until rules regarding VTS Lower Mississippi River and VTS Port Arthur are published, vessels are exempted of
  all VTS and VMRS requirements set forth in 33 CFR part 161, except those set forth in Sec. Sec.  161.21 and
  164.46 of this subchapter.
\7\ A Cooperative Vessel Traffic Service was established by the United States and Canada within adjoining
  waters. The appropriate Center administers the rules issued by both nations; however, enforces only its own
  set of rules within its jurisdiction. Note, the bridge-to-bridge navigational frequency, 156.650 MHz (Ch. 13),
  is not so designated in Canadian waters, therefore users are encouraged and permitted to make passing
  arrangements on the designated monitoring frequencies.

    (d) As soon as is practicable, a VTS User shall notify the VTS of 
any 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 of this chapter;
    (4) A defect or discrepancy in an aid to navigation;
    (5) A hazardous condition as defined in Sec. 160.203 of this 
chapter;
    (6) Improper operation of vessel equipment required by part 164 of 
this chapter;
    (7) A situation involving hazardous materials for which a report is 
required by 49 CFR 176.48; and
    (8) A hazardous vessel operating condition as defined in Sec. 
161.2.

[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD 95-033, 60 FR 
28329, May 31, 1995; CGD 92-052, 61 FR 45326, Aug. 29, 1996; USCG-1999-
6141, 64 FR 69636, Dec. 14, 1999; USCG-2003-14757, 68 FR 39364, July 1, 
2003; 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]

[[Page 554]]



Sec. 161.13  VTS Special Area operating requirements.

    The following operating requirements apply within a VTS Special 
Area:
    (a) A VTS User shall, if towing astern, do so with as short a hawser 
as safety and good seamanship permits.
    (b) A VMRS User shall: (1) Not enter or get underway in the area 
without prior approval of the VTS;
    (2) Not enter a VTS Special Area if a hazardous vessel operating 
condition or circumstance exists;
    (3) Not meet, cross, or overtake any other VMRS User in the area 
without prior approval of the VTS; and
    (4) Before meeting, crossing, or overtaking any other VMRS User in 
the area, communicate on the designated vessel bridge-to-bridge 
radiotelephone frequency, intended navigation movements, and any other 
information necessary in order to make safe passing arrangements. This 
requirement does not relieve a vessel of any duty prescribed by the 
International Regulations for Prevention of Collisions at Sea, 1972 (72 
COLREGS) or the Inland Navigation Rules.



               Subpart B_Vessel Movement Reporting System



Sec. 161.15  Purpose and intent.

    (a) A Vessel Movement Reporting System (VMRS) is a system used to 
monitor and track vessel movements VTS or VMRS area. This is 
accomplished by requiring that vessels provide information under 
established procedures as set forth in this part, or as directed by the 
Center.
    (b) To avoid imposing an undue reporting burden or unduly congesting 
radiotelephone frequencies, reports shall be limited to information 
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 by USCG-2003-14757, 
68 FR 39366, July 1, 2003]



Sec. 161.16  Applicability.

    Unless otherwise stated, the provisions of this subpart apply to the 
following vessels and VMRS Users:
    (a) Every power-driven vessel of 40 meters (approximately 131 feet) 
or more in length, while navigating;
    (b) Every towing vessel of 8 meters (approximately 26 feet) or more 
in length, while navigating; or
    (c) Every vessel certificated to carry 50 or more passengers for 
hire, when engaged in trade.

[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by USCG-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 Movement Center.
    Published means available in a widely-distributed and publicly 
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 the 
information set forth in Table 161.18(a) (IMO Standard Ship Reporting 
System);

         Table 161.18(a)--The IMO Standard Ship Reporting System
------------------------------------------------------------------------
 
A           ALPHA............  Ship.............  Name, call sign or
                                                   ship station
                                                   identity, and flag.
B           BRAVO............  Dates and time of  A 6 digit group giving
                                event.             day of month (first
                                                   two digits), hours
                                                   and minutes (last
                                                   four digits). If
                                                   other than UTC state
                                                   time zone used.
C           CHARLIE..........  Position.........  A 4 digit group giving
                                                   latitude in degrees
                                                   and minutes suffixed
                                                   with N (north) or S
                                                   (south) and a 5 digit
                                                   group giving
                                                   longitude in degrees
                                                   and minutes suffixed
                                                   with E (east) or W
                                                   (west); or.

[[Page 555]]

 
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 time expressed
                                point of entry     as in (B) and into
                                system.            the entry position
                                                   expressed as in (C)
                                                   or (D).
I           INDIA............  Destination and    Name of port and date
                                expected time of   time group expressed
                                arrival.           as in (B).
J           JULIET...........  Pilot............  State whether a deep
                                                   sea or local pilot is
                                                   on board.
K           KILO.............  Date, time and     Exit time expressed 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
                                                   communications
                                                   stations/frequencies
                                                   guarded.
N           NOVEMBER.........  Time of next       Date time group
                                report.            expressed as in (B).
O           OSCAR............  Maximum present    4 digit group giving
                                static draught     meters and
                                in meters.         centimeters.
P           PAPA.............  Cargo on board...  Cargo and brief
                                                   details of any
                                                   dangerous cargoes as
                                                   well as harmful
                                                   substances and gases
                                                   that could endanger
                                                   persons or the
                                                   environment.
Q           QUEBEC...........  Defects, damage,   Brief detail of
                                deficiencies or    defects, damage,
                                limitations.       deficiencies or other
                                                   limitations.
R           ROMEO............  Description of     Brief details of type
                                pollution or       of pollution (oil,
                                dangerous goods    chemicals, etc) or
                                lost.              dangerous goods lost
                                                   overboard; position
                                                   expressed as in (C)
                                                   or (D).
S           SIERRA...........  Weather            Brief details of
                                conditions.        weather and sea
                                                   conditions
                                                   prevailing.
T           TANGO............  Ship's             Details of name and
                                representative     particulars of ship's
                                and/or owner.      representative and/or
                                                   owner for provision
                                                   of information.
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 may include:
                                                   its duration;
                                                   effective area; any
                                                   restrictions to
                                                   navigation;
                                                   notification
                                                   procedures for
                                                   approaching vessels;
                                                   in addition, for a
                                                   towing operation:
                                                   configuration, length
                                                   of the tow, available
                                                   horsepower, etc.; for
                                                   a dredge or floating
                                                   plant: configuration
                                                   of pipeline, mooring
                                                   configuration, number
                                                   of assist vessels,
                                                   etc.].
------------------------------------------------------------------------

    (2) Establish other means of reporting for those vessels unable to 
report on the designated frequency; or
    (3) Require reports from a vessel in sufficient time to allow 
advance vessel traffic planning.
    (b) All reports required by this part shall be made as soon as is 
practicable on the frequency designated in Table 161.12(c) (VTS and VMRS 
Centers, Call Signs/MMSI, Designated Frequencies, and Monitoring Areas).
    (c) When not exchanging communications, a VMRS User must maintain a 
listening watch as described in Sec. 26.04(e) of this chapter on the 
frequency designated in Table 161.12(c) (VTS and

[[Page 556]]

VMRS Centers, Call Signs/MMSI, Designated Frequencies, and Monitoring 
Areas). In addition, the VMRS User must respond promptly when hailed and 
communicate in the English language.

    Note: As stated in 47 CFR 80.148(b), a VHF watch on Channel 16 
(156.800 MHz) is not required on vessels subject to the Vessel Bridge-
to-Bridge Radiotelephone 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.

    (d) A vessel must report:
    (1) Any significant deviation from its Sailing Plan, as defined in 
Sec. 161.19, or from previously reported information; or
    (2) Any intention to deviate from a VTS issued measure or vessel 
traffic routing system.
    (e) When reports required by this part include time information, 
such information shall be given using the local time zone in effect and 
the 24-hour military clock system.

[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by USCG-2003-14757, 
68 FR 39366, July 1, 2003]



Sec. 161.19  Sailing Plan (SP).

    Unless otherwise stated, at least 15 minutes before navigating a VTS 
area, a vessel must report the:
    (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 in Sec. 
160.203 of this chapter, and other required information as set out in 
Sec. 160.211 and Sec. 160.213 of this 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 by USCG-2003-14757, 
68 FR 39366, July 1, 2003]



Sec. 161.21  Automated reporting.

    (a) Unless otherwise directed, vessels equipped with an Automatic 
Identification System (AIS) are required to make continuous, all 
stations, AIS broadcasts, in lieu of voice Position Reports, to those 
Centers denoted in Table 161.12(c) of this part.
    (b) Should an AIS become non-operational, while or prior to 
navigating a VMRS area, it should be restored to operating condition as 
soon as possible, and, until restored a vessel must:
    (1) Notify the Center;
    (2) Make voice radio Position Reports at designated reporting points 
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 exempted 
from providing Position and Final Reports due to the nature of their 
operation:
    (1) Vessels on a published schedule and route;
    (2) Vessels operating within an area of a radius of three nautical 
miles or less; or
    (3) Vessels escorting another vessel or assisting another vessel in 
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 15 
minutes before navigating within the VMRS area; and
    (2) If it departs from its promulgated schedule by more than 15 
minutes or changes its limited operating area, make the established VMRS 
reports, or report as directed.

[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD 97-023, 62 FR 
33364, June 19, 1997; USCG-2003-14757, 68 FR 39367, July 1, 2003]

[[Page 557]]



 Subpart C_Vessel Traffic Service and Vessel Movement Reporting 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 York 
Harbor bounded on the east by a line drawn from Norton Point to Breezy 
Point; on the south by a line connecting the entrance buoys at the 
Ambrose Channel, Swash Channel, and Sandy Hook Channel to Sandy Hook 
Point; and on the southeast including the waters of Sandy Hook Bay south 
to a line drawn at latitude 40[deg]25[min] N.; then west into waters of 
the Raritan Bay to the Raritan River Rail Road Bridge; and then north 
including the waters of the Arthur Kill and Newark Bay to the Lehigh 
Valley Draw Bridge at latitude 40[deg]41.9[min] N.; and then east 
including the waters of the Kill Van Kull and Upper New York Bay north 
to a line drawn east-west from the Holland Tunnel Ventilator Shaft at 
latitude 40[deg]43.7[min] N., longitude 74[deg]01.6[min] W. in the 
Hudson River; and then continuing east including the waters of the East 
River to the Throgs Neck Bridge, excluding the Harlem River.

    Note: Although mandatory participation in VTSNY is limited to the 
area within the navigable waters of the United States, VTSNY will 
provide services beyond those waters. Prospective users are encouraged 
to report beyond the area of required participation in order to 
facilitate advance vessel traffic management in the VTS area and 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 River 
between 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 by USCG-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 and 
portions of connecting waterways: Galveston Bay Entrance Channel; Outer 
Bar Channel; Inner Bar Channel; Bolivar Roads Channel; Galveston 
Channel; Gulf ICW and Galveston-Freeport Cut-Off from Mile 346 to Mile 
352; Texas City Channel; Texas City Turning Basin; Texas City Canal 
Channel; Texas City Canal Turning Basin; Houston Ship Channel; Bayport 
Channel; Bayport Turning Basin; Houston Turning Basin; and the following 
precautionary areas associated with these waterways.
    (b) Precautionary areas.

       Table 161.35(b)--VTS Houston/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 of the radius
  denoted.

    (c) Reporting points.

                             Table 161.35(c)--VTS Houston/Galveston Reporting Points
----------------------------------------------------------------------------------------------------------------
                                             Geographic
   Designator        Geographic name         description           Latitude/ longitude              Notes
----------------------------------------------------------------------------------------------------------------
1...............  Galveston Bay         Galveston Bay         29[deg] 18.2[min] N; 94[deg]
                   Entrance Channel.     Entrance CH Lighted                   37.6[min] W
                                         Buoy (LB) ``1C''.
2...............  Galveston Bay         Galveston Bay         29[deg] 20.6[min] N; 94[deg]
                   Entrance Channel.     Entrance Channel LB                   44.6[min] W
                                         11 and 12.

[[Page 558]]

 
E...............  Bolivar Land Cut....  Mile 349              29[deg] 22.5[min] N; 94[deg]  Tows entering HSC
                                         Intracoastal                          46.9[min] W   also report at HSC
                                         Waterway (ICW).                                     LB 25 & 26.
W...............  Pelican Cut.........  Mile 351 ICW........  29[deg] 21.4[min] N; 94[deg]  Tows entering HSC
                                                                               48.5[min] W   also report at HSC
                                                                                             LB 25 & 26.
G...............  Galveston Harbor....  Galveston Channel     29[deg] 20.2[min] N; 94[deg]  Coast Guard Base.
                                         Lt. 2.                                46.6[min] W
T...............  Texas City Channel..  Texas City Channel    29[deg] 22.4[min] N; 94[deg]
                                         Lt. 12.                               50.9[min] W
X...............  Houston Ship Channel  Houston Ship Channel  29[deg] 22.2[min] N; 94[deg]  Tow entering HSC
                   ICW Intersection.     (HSC) LB 25 and 26.                   48.1[min] W   from ICW or Texas
                                                                                             Cut Only.
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]  Bayport Land Cut.
                                         Lt. 8 and 9.                          59.5[min] W
4A..............  Upper Galveston Bay.  HSC Lt. 69 and 70...  29[deg] 34.7[min] N; 94[deg]  Tows only.
                                                                               55.8[min] W
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         29[deg] 44.4[min] N; 95[deg]
                                         Turning Basin..                       12.1[min] W
11..............  Lyondell............  Sims Bayou Turning    29[deg] 43.2[min] N; 95[deg]
                                         Basin..                               14.4[min] W
12..............  I-610 Bridge........  I-610 Bridge........  29[deg] 43.5[min] N; 95[deg]
                                                                               16.0[min] W
13..............  Buffalo Bayou.......  Houston Turning       29[deg] 45.0[min] N; 95[deg]
                                         Basin.                                17.4[min] W
----------------------------------------------------------------------------------------------------------------


[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD 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]



Sec. 161.40  Vessel Traffic Service Berwick Bay.

    (a) The VTS area consists of the navigable waters of the following 
segments of waterways: the Intracoastal Waterway (ICW) Morgan City to 
Port Allen Alternate Route from Mile Marker 0 to Mile Marker 5; the ICW 
from Mile Marker 93 west of Harvey Lock (WHL) to Mile Marker 102 WHL; 
the Atchafalaya River Route from Mile Marker 113 to Mile Marker 122; 
from Bayou Shaffer Junction (ICW Mile Marker 94.5 WHL) south one statute 
mile along Bayou Shaffer; and from Berwick Lock northwest one statute 
mile along the Lower Atchafalaya River.
    (b) VTS Special Area. The Berwick Bay VTS Special Area consists of 
those waters within a 1000 yard radius of the Burlington Northern/Santa 
Fe Railroad Bridge located at Mile .03 MC/PA.
    (c) Reporting Points.

                                Table 161.40(c)--VTS Berwick Bay Reporting Points
----------------------------------------------------------------------------------------------------------------
                                                          Geographic
           Designator               Geographic name       description     Latitude/longitude         Notes
----------------------------------------------------------------------------------------------------------------
1...............................  Stouts Pass.......  Stouts Point Light  29[deg]43[min]47[s
                                                       ``1'' Mile 113-     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.           1.5 MC/PA.          ec] N
                                                                          91[deg]13[min]14[s
                                                                           ec] W
4...............................  Swift Ships Flat    Mile 3 MC/PA......  29[deg]43[min]26[s
                                   Lake Junction.                          ec] N
                                                                          91[deg]12[min]22[s
                                                                           ec] W
5...............................  Burlington          Mile 0.3 MC/PA....  29[deg]41[min]34[s
                                   Northern/Santa Fe                       ec] N
                                   Railroad Bridge.                       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 95.5 ICW.     91[deg]12[min]36[s
                                                                           ec] W
7...............................  ICW...............  Overhead Power      29[deg]40[min]43[s
                                                       Cable Mile 96.5     ec] N
                                                       ICW.               91[deg]13[min]18[s
                                                                           ec] W
8...............................  Wax Bayou Junction  Light ``A'' Mile    29[deg]39[min]29[s
                                                       98.2W ICW.          ec] N
                                                                          91[deg]14[min]46[s
                                                                           ec] W

[[Page 559]]

 
9...............................  Shaffer Junction..  ICW-Bayou Shaffer   29[deg]41[min]10[s
                                                       Mile 94.5 ICW.      ec] N
                                                                          91[deg]11[min]38[s
                                                                           ec] W
----------------------------------------------------------------------------------------------------------------


[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD 95-033, 60 FR 
28332, May 31, 1995; USCG-1998-3799, 63 FR 35531, June 30, 1998; USCG-
2009-0416, 74 FR 27441, June 10, 2009]



Sec. 161.45  Vessel Traffic Service St. Marys River.

    (a) The VTS area consists of the navigable waters of the St. Marys 
River and lower Whitefish Bay from 45[deg]57[min] N. (De Tour Reef 
Light) 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 to the 
east along a line from La Pointe to Sims Point, within Potagannissing 
Bay and Worsley Bay.
    (b) Reporting Points.

                              Table 161.45(b)--VTS St. Marys River Reporting Points
----------------------------------------------------------------------------------------------------------------
                                                          Geographic           Latitude/
           Designator               Geographic name       description         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.
                                                       Pierhead Light.     N;
                                                                           84[deg]22.2[min]
                                                                           W.
6...............................  East End of Locks.  East Center         46[deg]30.1[min]    Downbound Only.
                                                       Pierhead Light.     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 Junction    46[deg]10.8[min]
                                   Junction.           Buoy.               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 by CGD 95-033, 60 FR 
28332, May 31, 1995; USCG-1998-3799, 63 FR 35531, June 30, 1998]



Sec. 161.50  Vessel Traffic Service San Francisco.

    The VTS area consists of all the navigable waters of San Francisco 
Bay Region south of the Mare Island Causeway Bridge and the Petaluma 
River Entrance Channel Daybeacon 19 and Petaluma River Entrace Channel 
Light 20 and north of the Dumbarton Bridge; its seaward approaches 
within a 38 nautical mile radius of Mount Tamalpais (37-55.8[min] N., 
122-34.6[min] W.); and its navigable tributaries as far east as the port 
of Stockton on the San Joaquin River, as far north as the port of 
Sacramento on the Sacramento River.

[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD 95-033, 60 FR 
28332, May 31, 1995]



Sec. 161.55  Vessel Traffic Service Puget Sound and the Cooperative Vessel 

Traffic Service for the Juan de Fuca Region.

    The Vessel Traffic Service Puget Sound area consists of the 
navigable waters of the United States bounded by a line drawn from the 
Washington State coastline at 48[deg]23[min]08[sec] N., 
124[deg]43[min]37[sec] W. on Cape Flattery to the Cape Flattery Light at 
48[deg]23[min]30[sec] N., 124[deg]44[min]12[sec] W. on Tatoosh Island, 
due west to the U.S. Territorial Sea Boundary; thence northward along 
the U.S. Territorial Sea Boundary to its intersection with the U.S./
Canada International Boundary; thence east along the U.S./Canada 
International Boundary through the waters known as the Strait of Juan de 
Fuca, Haro Strait, Boundary Pass, and the Strait of Georgia to the 
Washington State coastline at 49[deg]00[min]06[sec] N., 
122[deg]45[min]18[sec] W. (International Boundary

[[Page 560]]

Range C Rear Light). 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 the Strait of Georgia, and all waters adjacent to the above.
    (a) Vessel Traffic Service Puget Sound participates in a U.S./
Canadian Cooperative Vessel Traffic Service (CVTS) to jointly manage 
vessel traffic in the Juan de Fuca Region. The CVTS for the Juan de Fuca 
Region consists of all waters of the Strait of Juan de Fuca and its 
offshore approaches, southern Georgia Strait, the Gulf and San Juan 
Archipelagos, Rosario Strait, Boundary Pass and Haro Strait, bounded on 
the northwest by 48[deg]35[min]45[sec] N.; and on the southwest by 
48[deg]23[min]30[sec] N.; and on the west by the 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 of Georgia, by a line drawn along 49[deg] N. 
from Vancouver Island to Semiahmoo Bay; and on the southeast, by a line 
drawn from McCurdy Point 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 within the CVTS area irrespective of the International Boundary.
    (b) VTS Special Areas. (1) The Rosario Strait VTS Special Area 
consists of those waters bounded to the south by the center of 
Precautionary Area ``RB'' (a circular area of 2,500 yards radius 
centered at 48[deg]26[min]24[sec] N., 122[deg]45[min]12[sec] W.), and to 
the north by the center of Precautionary Area ``C'' (a circular area of 
2,500 yards radius 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'' is not marked by a 
buoy. All precautionary areas are depicted on National Oceanic and 
Atmospheric Administration (NOAA) nautical charts.

    (2) The Guemes Channel VTS Special Area consists of those waters 
bounded to the west by Shannon Point on Fidalgo Island and to the east 
by Southeast Point on Guemes Island.
    (c) Additional VTS Special Area Operating Requirements. The 
following additional requirements are applicable in the Rosario Strait 
and Guemes Channel VTS Special Areas:
    (1) A vessel engaged in towing shall not impede the passage of a 
vessel of 40,000 dead weight tons or more.
    (2) A vessel of less than 40,000 dead weight tons is exempt from the 
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 the 
provisions 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 crossing astern) 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 or 
overtake; or cross or operate within 2,000 yards (except when crossing 
astern) of a vessel of 100 meters or more in length.
    (d) Reporting Point. Inbound vessels in the Strait of Juan de Fuca 
upon crossing 124-W.

[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by USCG-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 United 
States north of a line drawn from Cape Hinchinbrook Light to Schooner 
Rock Light, comprising that portion of Prince William Sound between 
146[deg]30[min] W. and 147[deg]20[min] W. and includes Valdez Arm, 
Valdez Narrows and Port Valdez.
    (b) The Valdez Arm VTS Special Area consists of the waters of the 
Valdez Arm Traffic Separation Scheme (described in Sec. 167.1703 of 
this chapter); the waters northeast of a line drawn from shoreline to 
shoreline through the points 60[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 waters of 
Valdez Arm, Valdez Narrows, and Port Valdez northeast of a line bearing 
307[deg] True from Tongue Point at 61[deg]02[min]06[sec] 146[deg]40[min] 
W.; and southwest of a line bearing 307[deg] True from Entrance Island 
Light at 61[deg]05[min]06[sec] N., 146[deg]36[min]42[sec] W.

[[Page 561]]

    (d) Additional VTS Special Area Operating Requirements. The 
following additional requirements are applicable in the Valdez Narrows 
VTS Special Area:
    (1) No VMRS User shall proceed north of 61[deg] N. without prior 
approval of the VTS.
    (2) For a vessel listed in paragraph (c)(3) of this section--
    (i) Approval to enter this area will not be granted to a vessel when 
a tank vessel of more than 20,000 deadweight tons is navigating therein;
    (ii) A northbound vessel shall remain south of 61[deg] N. until the 
VTS has granted permission to proceed; and
    (iii) A southbound vessel shall remain in Port Valdez east of 
146[deg]35[min] W. and north of 61[deg]06[min] N. until the VTS has 
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 a 
vessel performing duties as an escort vessel as defined in 33 CFR part 
168.
    (e) Reporting Points.

                           Table 161.60(d)--VTS Prince William 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[se
                                                                    c] W.
2A...............  Naked Island..........  Naked Island..........  60[deg]40[min]00[sec]  Northbound Only.
                                                                    N;
                                                                    147[deg]01[min]24[se
                                                                    c] W.
2B...............  Naked Island..........  Naked Island..........  60[deg]40[min]00[sec]  Southbound Only.
                                                                    N;
                                                                    147[deg]05[min]00[se
                                                                    c] W.
3A...............  Bligh Reef............  Bligh Reef Light        60[deg]50[min]36[sec]  Northbound Only.
                                            (Pilot Embark).         N;
                                                                    146[deg]57[min]30[se
                                                                    c] W.
3B...............  Bligh Reef............  Bligh Reef Light        60[deg]51[min]00[sec]  Southbound Only.
                                            (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[se
                                                                    c] W.
4B...............  Rocky Point...........  Rocky Point...........  60[deg]57[min]48[sec]  Southbound Only.
                                                                    N;
                                                                    146[deg]50[min]00[se
                                                                    c] W.
5................  Entrance Island.......  Entrance Island Light.  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 by CGD 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.
162.5 Definitions.
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.
162.40 Inland waterway from Delaware River to Chesapeake Bay, Del. and 
          Md. (Chesapeake and Delaware Canal).
162.65 All waterways tributary to the Atlantic Ocean south of Chesapeake 
          Bay and all waterways tributary to the Gulf of Mexico east and 
          south of St. Marks, Fla.
162.75 All waterways tributary to the Gulf of Mexico (except the 
          Mississippi River, its tributaries, South and Southwest Passes 
          and the 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 its mouth at 
          Kleinston Landing to Fisher Street; navigation.
162.90 White River, Arkansas Post Canal, Arkansas River, and Verdigris 
          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.

[[Page 562]]

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, and connecting 
          waters, CA.
162.210 Lake Tahoe, Calif.; restricted areas along south shore.
162.215 Lake Tahoe, Nev.; restricted area adjacent to Nevada Beach.
162.220 Hoover Dam, Lake Mead, and Lake Mohave (Colorado River), Ariz.-
          Nev.
162.225 Columbia and Willamette Rivers, Washington and Oregon; 
          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, and navigation.
162.250 Port Alexander, Alaska; speed of vessels.
162.255 Wrangell Narrows, Alaska; use, administration, and navigation.
162.260 Channel leading to San Juan Harbor, P.R.; use, administration, 
          and navigation.
162.270 Restricted areas in vicinity of Maritime Administration Reserve 
          Fleets.

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

    Source: CGD 75-082, 42 FR 51759, Sept. 29, 1977, unless otherwise 
noted.



Sec. 162.1  General.

    Geographic coordinates expressed in terms of latitude or longitude, 
or both, are not intended for plotting on maps or charts whose 
referenced horizontal datum is the North American Datum of 1983 (NAD 
83), unless such geographic coordinates are expressly labeled NAD 83. 
Geographic coordinates without the NAD 83 reference may be plotted on 
maps or charts referenced to NAD 83 only after application of the 
appropriate corrections that are published on the particular map or 
chart being used.

[CGD 86-082, 52 FR 33811, Sept. 8, 1987]



Sec. 162.5  Definitions.

    The following definition applies to this part:
    Merchant mariner credential or MMC means the credential issued by 
the Coast Guard under 46 CFR part 10. It combines the individual 
merchant mariner's document, license, and certificate of registry 
enumerated in 46 U.S.C. subtitle II part E as well as the STCW 
endorsement into a single credential that serves as the mariner's 
qualification document, certificate of identification, and certificate 
of service.

[USCG-2006-24371, 74 FR 11212, Mar. 16, 2009]



Sec. 162.15  Manhasset Bay, N.Y.; seaplane restricted area.

    (a) The restricted area. An area in Manhasset Bay between the shore 
at Manorhaven on the north and the southerly limit line of the 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 latitude 40[deg]50[min]17.337 N, 
longitude 73[deg]43[min]03.877 W, which point is on the south side of 
Orchard Beach Boulevard at Manorhaven; and being 100 feet wide for a 
distance of 380 feet in a southerly direction from the south side of 
Orchard Beach Boulevard, and thence flaring to a width of 300 feet at 
the southerly limit line.
    (b) The regulations. (1) Vessels shall not anchor or moor within the 
restricted area.
    (2) All vessels traversing the area shall pass directly through 
without unnecessary delay, and shall give seaplanes the right-of-way at 
all times.

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by USCG-2008-0179, 
73 FR 35016, June 19, 2008]



Sec. 162.20  Flushing Bay near La Guardia Airport, Flushing, N.Y.; restricted 

area.

    (a) The area. An area in the main channel in Flushing Bay extending 
for a distance of 300 feet on either side of the extended center line of 
Runway No. 13-31 at La Guardia Airport.
    (b) The regulations. (1) All vessels traversing in the area shall 
pass directly through without unnecessary delay.

[[Page 563]]

    (2) No vessels having a height of more than 35 feet with reference 
to the plane of mean high water shall enter or pass through the area 
whenever 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 not 
proceed at any time within the limits of these waters at a greater speed 
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 a 
greater speed than 8 statute miles per hour.



Sec. 162.40  Inland waterway from Delaware River to Chesapeake Bay, Del. and 

Md. (Chesapeake and Delaware Canal).

    (a) Applicability. The regulations in this section are applicable to 
that part of the inland waterway from Delaware River to Chesapeake Bay, 
Del. and Md., between Reedy Point, Delaware River, and Old Town Point 
Wharf, Elk River.
    (b) Speed. No vessel in the waterway shall be raced or crowded 
alongside another vessel. Vessels of all types, including pleasure 
craft, are required to travel at all times at a safe speed throughout 
the canal and its approaches so as to avoid damage by suction or wave 
wash to wharves, landings, riprap protection, or other boats, or injury 
to persons. Pilots and vessel operators transiting the canal and its 
approaches are warned that violation of this rule may result in having 
their privilege to transit the canal suspended. Passages of vessels 
through the canal will be monitored and specific cases will be 
investigated where damage by suction or wave wash does occur. Owners and 
operators of yachts, motorboats, rowboats and other craft are cautioned 
that large deep draft ocean-going vessels and other large commercial 
vessels ply the canal, and such owners and operators should be 
particularly careful to moor or anchor well away from the main ship 
channels, with moorings and lines which are sufficient and proper.
    (c) Right-of-way. All vessels proceeding with the current shall have 
the right-of-way over those proceeding against the current. Large 
vessels or tows must not overtake and attempt to pass other large 
vessels or tows in the waterway. All small pleasure craft shall 
relinquish the right-of-way to deeper draft vessels, which have a 
limited maneuvering ability due to their draft and size.
    (d) Stopping in waterway. Vessels will not be permitted to stop or 
anchor in the ship channel.
    (e) Water skiing. Water skiing in the waterway is prohibited between 
Reedy Point and Welch Point.
    (f) Sailboats. Transiting the canal by vessels under sail is not 
permitted between Reedy Point and Welch Point.
    Note: The Corps of Engineers also has regulations dealing with this 
section in 33 CFR part 207.



Sec. 162.65  All waterways tributary to the Atlantic Ocean south of Chesapeake 

Bay and all waterways tributary to the Gulf of Mexico east and south of 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 as canals and channels of all types, which are 
tributary to or connected by other waterways with the Atlantic Ocean 
south of Chesapeake Bay or with the Gulf of Mexico east and south of St. 
Marks, Florida.
    (2) United States property. All river and harbor lands owned by the 
United States in or along the waterways described in paragraph (a)(1) of 
this paragraph, including lock sites and all structures thereon, other 
sites for Government structures and for the accommodation and use of 
employees of the United States, and rights of way and spoil disposal 
areas to the extent of Federal interest therein.
    (3) Vessels and rafts. The term ``vessel'' as used in this section 
includes all floating things moved over these waterways other than 
rafts.
    (b) Waterways--(1) Fairway. A clear channel shall at all times be 
left open

[[Page 564]]

to permit free and unobstructed navigation by all types of vessels and 
rafts that normally use the various waterways or sections thereof. The 
District Commander may specify the width of the fairway required in the 
various waterways under his charge.
    (2) Stoppage in waterway, anchorage or mooring. (i) No vessels or 
rafts shall anchor or moor in any of the land cuts or other narrow parts 
of the waterway, except in case of an emergency. Whenever it becomes 
necessary for a vessel or raft to stop in any such portions of the 
waterway it shall be securely fastened to one bank and as close to the 
bank as possible. This shall be done only at such a place and under such 
conditions as will not obstruct or prevent the passage of other vessels 
or craft. Stoppages shall be only for such periods as may be necessary.
    (ii) No vessel or raft will be allowed to use any portion of the 
fairway as a mooring place except temporarily as authorized above 
without the written permission from the District Commander.
    (iii) When tied up, all vessels must be moored by bow and stern 
lines. Rafts and tows shall be secured at sufficiently close intervals 
to insure their not being drawn away from the bank by winds, currents or 
the suction of passing vessels. Tow lines shall be shortened so that the 
different parts of the tow shall be as close together as possible. In 
narrow sections, no vessel or raft shall be tied abreast of another.
    (iv) Lights shall be displayed in accordance with provisions of the 
Navigation Rules, International-Inland, Commandant Instruction M16672.2 
(series).
    (v) No vessel, even if fastened to the bank as prescribed in 
paragraph (b)(2)(i) of this section, shall be left without a sufficient 
crew to care for it properly.
    (vi) Vessels will not be permitted to load or unload in any of the 
land cuts except as a regular established landing or wharf without 
written permission secured in advance from the District Commander.
    (vii) No vessel, regardless of size, shall anchor in a dredged 
channel or narrow portion of a waterway for the purpose of fishing, if 
navigation is obstructed, thereby.
    (viii) Except in cases of emergency the dropping of anchors, 
weights, or other ground tackle, within areas occupied by submarine 
cable or pipe crossings, is prohibited. Such crossings will ordinarily 
be marked by signboards on each bank of the shore or indicated on coast 
charts.
    (3) Speed. (i) Vessels shall proceed at a speed which will not 
endanger other vessels or structures and will not interfere with any 
work in progress incident to maintaining, improving, surveying or 
marking the channel.
    (ii) Official signs indicating limiting speeds through critical 
portions of the waterways shall be strictly obeyed.
    (iii) Vessels approaching and passing through a bridge shall so 
govern their speed as to insure passage through the bridge without 
damage to the bridge or its fenders.
    (4) Assembly and handling of tows. (i) All vessels drawing tows and 
equipped with rudders shall use two tow lines or a bridle and shorten 
them to the greatest possible extent so as to have full control at all 
times. The various parts of a tow shall be securely assembled with the 
individual units connected by lines as short as practicable. If 
necessary, as in the case of lengthy or cumbersome tows or tows in 
restricted channels, the District Commander may require that tows be 
broken up and may require the installation of a rudder, drag or other 
approved steering device on the tow in order to avoid obstructing 
navigation or damaging the property of others, including aids to 
navigation maintained by the United States or under its authorization, 
by collision or otherwise.
    (ii) No tow shall be drawn by a vessel that has insufficient power 
or crew to permit ready maneuverability and safe handling.
    (iii) Tows desiring to pass a bridge shall approach the opening 
along the axis of the channel so as to pass through without danger of 
striking the bridge or its fenders. No vessel or tow shall navigate 
through a drawbridge until the movable span is fully opened.
    (iv) In the event that it is evident to the master of a towing 
vessel that a tow cannot be safely handled through a bridge, it will be 
brought to anchor and the towed vessels will be taken through

[[Page 565]]

the bridge in small units, or singly if necessary, or the tow will wait 
until navigation conditions have improved to such an extent that the tow 
can pass through the bridge without damage.
    (5) Projections from vessels. No vessel carrying a deck load which 
overhangs or projects over the side of said vessel, or whose rigging 
projects over the side of the vessel so as to endanger passing vessels, 
wharves or other property, will enter or pass through any of the narrow 
parts of the waterway.
    (6) Meeting and passing. Vessels, on meeting or overtaking, shall 
give the proper signals and pass in accordance with the Navigation 
Rules, International-Inland, Commandant Instruction M16672.2 (series). 
Rafts shall give to vessels the side demanded by proper signal. All 
vessels approaching dredges or other plant engaged on improvements to a 
waterway, shall give the signal for passing and slow down sufficiently 
to stop if so ordered or if no answering signal is received. On 
receiving the answering signal, they shall then proceed to pass at a 
speed sufficiently slow to insure safe navigation.

    Note: The Corps of Engineers also has regulations dealing with this 
section in 33 CFR part 207.

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 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 the 

Mississippi River, its tributaries, South and Southwest Passes and Atchafalaya 

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 to or 
connected by other waterways with the Gulf of Mexico between St. Marks, 
Fla., and the Rio Grande, Tex. (both inclusive), and the Gulf 
Intracoastal Waterway; except the Mississippi River, its tributaries, 
South and Southwest Passes, and the Atchafalaya River above its junction 
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 in this section includes 
all floating craft other than rafts.
    (b) Waterways:
    (1) A clear channel shall at all times be left open to permit free 
and unobstructed navigation by all types of vessels and tows normally 
using the various waterways covered by the regulations of this section
    (2) Fairway: The District Commander may specify the width of the 
fairway 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 land cuts 
or other narrow parts of the waterway, except in an emergency, or with 
permission of the District Commander. Whenever it becomes necessary for 
a vessel or tow to stop in any such portions of the waterway, it shall 
be securely fastened to one bank and as close to the bank as possible. 
This shall be done only at such a place and under such conditions as 
will not obstruct or prevent the passage of other vessels or tows. 
Stoppages shall be only for such periods as may be necessary.
    (ii) When tied up individually, all vessels and tows shall be moored 
by bow and stern lines. Tows shall be secured at sufficiently frequent 
intervals to insure their not being drawn away form the bank by winds, 
currents, or the suction of passing vessels. Lines shall be shortened so 
that the various barges in a tow will be as close together as possible.
    (iii) Lights shall be displayed in accordance with provisions of the 
Navigation Rules, International-Inland, Commandant Instruction M16672.2 
(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 always remain 
on board to see that proper signals are displayed and that the vessel or 
tow is properly moored at all times.
    (v) No vessel, regardless of size, shall anchor in a dredged channel 
or narrow portion of a waterway for the purpose of fishing if navigation 
is obstructed thereby.
    (4) Speed: Speeding in narrow sections is prohibited. Official signs 
indicating limited speeds shall be obeyed.

[[Page 566]]

Vessels shall reduce speed sufficiently to prevent damage when passing 
other vessels or structures in or along the waterway.
    (5) Size, assembly, and handling of tows:
    (i) On waterways 150 feet wide or less, tows which are longer than 
1,180 feet, including the towing vessel, but excluding the length of the 
hawser, or wider than one-half of the bottom width of the channel or 55 
feet, whichever is less will not be allowed, except when the District 
Commander has given special permission or the waterway has been 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 be required to stand by until 
tows which are less than one-half the channel width or 55 feet wide have 
cleared the channel. When passing is necessary in narrow channels, 
overwidth tows shall yield to the maximum. Separate permission must be 
received from the District Commander for each overlength or overwidth 
movement. In addition, the following exceptions are allowed:
    (ii) Gulf Intracoastal Waterway--Between mile 6.2 EHL (Inner Harbor 
Navigation Canal Lock) and mile 33.6 EHL tows of 78 feet in width will 
be allowed.
    (iii) Gulf Intercoastal Waterway--Between mile 33.6 EHL and the 
Mobile Bay Ship Channel, tows of 108 feet in width will be allowed if 
under 750 feet in length including the towboat but excluding the length 
of the hawser.
    (iv) Gulf Intracoastal Waterway--Mobile Bay Ship Channel to St. 
Marks, Fla., for tows made up of empty barges on the off or shallow 
side, a width of 75 feet will be allowed.
    (v) All vessels pulling tows not equipped with rudders in restricted 
channels and land cuts shall use two towlines, or a bridle on one 
towline, shortened as much as safety of the towing vessel permits, so as 
to have maximum control at all times. The various parts of a tow shall 
be securely assembled with the individual units connected by lines as 
short as practicable. In open water, the towlines and fastenings between 
barges may be lengthened so as to accommodate the wave surge. In the 
case of lengthy or cumbersome tows, or tows in restricted channels, the 
District Commander may require that tows be broken up, and may require 
the installation of a rudder or other approved steering device on the 
tow in order to avoid obstructing navigation or damaging the property of 
others. Pushing barges with towing vessel astern, towing barges with 
towing vessel alongside, or pushing and pulling barges with units of the 
tow made up both ahead and astern of the towing vessel are permissible 
provided that adequate power is employed to keep the tows under full 
control at all times. No tow shall be drawn by a vessel that has 
insufficient power or crew to permit ready maneuverability and safe 
handling.
    (vi) All tows navigating the Pass Manchac bridges in Louisiana are 
limited to no more than two barges, not to exceed a combined tow length 
of 400 feet (excluding the towboat). Vessel operators for tows exceeding 
these limits must request and receive permission from the COTP New 
Orleans prior to navigating the bridges. Requests should be made by 
telephoning the COTP at 504-846-5923. Any decision made by the COTP is 
final agency action.
    (6) Projections from vessels: Vessels or tows carrying a deck load 
which overhangs or projects over the side, or whose rigging projects 
over the side, so as to endanger passing vessels, wharves, or other 
property, shall not enter or pass through any of the narrow parts of the 
waterway without prior approval of the District Commander.
    (7) Meeting and passing: Passing vessels shall give the proper 
signals and pass in accordance with the International Rules, the 
Navigation Rules, International-Inland, Commandant Instruction M16672.2 
(Series), where applicable. At certain intersections where strong 
currents may be encountered, sailing directions may be issued through 
navigation bulletins or signs posted on each side of the intersections.


[[Page 567]]


    Note: The Corps of Engineers also has regulations dealing with this 
section in 33 CFR 207.

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 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 and 

Southwest passes.

    (a) Mooring on the Mississippi River between miles 311.5 AHP and 
340.0 AHP. (1) No vessel or craft shall moor along either bank of the 
Mississippi River between miles 311.5 AHP and mile 340.0 AHP except in 
case of an emergency, pursuant to an approved navigation permit, or as 
authorized by the District Commander. Vessels may be moored any place 
outside the navigation channel in this reach in case of an emergency and 
then for only the minimum time required to terminate the emergency. When 
so moored, all vessels shall be securely tied with bow and stern lines 
of sufficient strength and fastenings to withstand currents, winds, wave 
action, suction from passing vessels or any other forces which might 
cause the vessels to break their moorings. When vessels are so moored, a 
guard shall be on board at all times to ensure that proper signals are 
displayed and that the vessels are securely and adequately moored.
    (2) Vessels may be moored any time at facilities constructed in 
accordance with an approved navigation permit or as authorized by the 
District Commander. When so moored, each vessel shall have sufficient 
fastenings to prevent the vessels from breaking loose by wind, current, 
wave action, suction from passing vessels or any other forces which 
might cause the vessel to break its mooring. The number of vessels in 
one fleet and the width of the fleet of vessels tied abreast shall not 
extend into the fairway or be greater than allowed under the permit.
    (3) Mariners should report immediately by radio or fastest available 
means to the lockmaster at Old River Lock or to any government patrol or 
survey boat in the vicinity any emergency mooring or vessels drifting 
uncontrolled within the area described in paragraph (a)(1) of this 
section. It is the responsibility and duty of the master of a towing 
vessel releasing or mooring a vessel in this reach 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 individually or in fleets, 
vessels shall be moored with sufficient lines and shore fastenings to 
insure their remaining in place and withstanding the action of winds, 
currents and the suction of passing vessels.

    Note: The Corps of Engineers also has regulations dealing with 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 by CGD 77-028, 46 
FR 49851, Oct. 8, 1981; CGD8 87-09, 53 FR 15555, May 2, 1988]



Sec. 162.85  Yazoo Diversion Canal, Vicksburg, Miss., from its mouth at 

Kleinston Landing to Fisher Street; navigation.

    (a) Speed. Excessive speeding is prohibited. A vessel shall reduce 
its speed sufficiently to prevent any damage when approaching another 
vessel in motion or tied up, a wharf or other structure, works under 
construction, plant engaged in river and harbor improvement, levees, 
floodwalls withstanding floodwaters, buildings submerged or partially 
submerged by high waters, or any other structure or improvement likely 
to be damaged by collision, suction, or wave action.

    Note: The Corps of Engineers also has regulations dealing with this 
section in 33 CFR part 207.



Sec. 162.90  White River, Arkansas Post Canal, Arkansas River, and Verdigris 

River 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 and Arkansas 
Post Canal, Ark.; Arkansas Post Canal, Ark.; Arkansas River between 
Arkansas Post Canal, Ark., and Verdigris River, Okla.; Verdigris River 
between

[[Page 568]]

Arkansas River and Catoosa, Okla.; and reservoirs on these waterways 
between Mississippi River Ark., and Catoosa, Okla.
    (2) Bridges, wharves and other structures. All bridges, wharves, and 
other structures in or over the waterways described in paragraph (a)(1) 
of this section.
    (3) Vessels and rafts. The term ``vessels'' as used in this section 
includes every description of watercraft used, or capable of being used, 
as a means of transportation on water, other than rafts.
    (b) Waterways:
    (1) Fairway. A clear channel shall at all times be left open to 
permit free and unobstructed navigation by all types of vessels and 
rafts that normally use the various waterways or sections thereof. The 
District Commander may specify the width of the fairway required in the 
waterways under his charge.
    (2) Anchoring or mooring in waterway. (i) No vessels or rafts shall 
anchor or moor in any of the land cuts or other narrow parts of the 
waterway, except in an emergency. Whenever it becomes necessary for a 
vessel or raft to stop in any such portions of the waterway, it shall be 
securely fastened to one bank and as close to the bank as possible. This 
shall be done only at such a place and under such conditions as will not 
obstruct or prevent the passage of other vessels or rafts. Stoppages 
shall be only for such periods as may be necessary.
    (ii) Except temporarily, as authorized in paragraph (b)(2)(i) of 
this section, no vessel or raft will be allowed to use any portion of 
the fairway as a mooring place without written permission from the 
District Commander.
    (iii) When tied up individually, all vessels shall be moored by bow 
and stern lines. Rafts and tows shall be secured at sufficiently close 
intervals to insure their not being drawn away from the bank by winds, 
currents, or the suction of passing vessels. Towlines shall be shortened 
so that the different parts of the tow will be as close together as 
possible. In narrow sections, no vessel or raft shall be tied abreast of 
another if the combined width of vessels or rafts is greater than 70 
feet.
    (iv) When a vessel is moored under an emergency condition, as 
provided in paragraph (b)(2)(i) of this section, at least one crew 
member shall remain in attendance to display proper lights and signals 
and tend the mooring lines. The crew member shall be provided with an 
adequate means of communication or signalling a warning in the event 
that, for any reason, the vessel or tow should go adrift. Immediately 
after completion of the emergency mooring, the lockmaster of the first 
lock downstream shall be notified of the character and cargo of the 
vessel and the location of such mooring.
    (v) Vessels will not be permitted to load or unload in any of the 
land cuts, except at a regular established landing or wharf, without 
written permission secured in advance from the District Commander.
    (vi) Except in an emergency, no vessel or raft shall anchor over 
revetted banks of the waterway, nor shall any type vessel except 
launches and other small craft land against banks protected by revetment 
except at regular commercial landings.
    (3) Speed. (i) Excessive speed in narrow sections is prohibited. 
Official signs indicating limiting speeds through critical sections 
shall be strictly obeyed.
    (ii) When approaching and passing through a bridge, all vessels and 
rafts, regardless of size, shall control their speed so as to insure 
that no damage will be done to the bridge or its fenders.
    (iii) Within the last mile of approach to unattended, normally open 
automatic, movable span bridges, the factor of river flow velocity, of 
vessel (and tow) velocity, and of vessel power and crew capability are 
never to be permitted to result in a condition whereby the movement of 
vessel (and tow) cannot be completely halted or reversed within a 3-
minute period.
    (iv) A vessel shall reduce its speed sufficiently to prevent any 
damage when approaching another vessel in motion or tied up, a wharf or 
other structure, works under construction, plant engaged in river and 
harbor improvement, levees withstanding floodwaters, buildings submerged 
or partially submerged by high waters, or

[[Page 569]]

any other manner of structure or improvements likely to be damaged by 
collision, suction, or wave action.
    (4) Assembly and handling of tows. (i) All vessels drawing tows not 
equipped with rudders in restricted channels and land cuts shall use two 
towlines, or a bridle on one towline, shortened to the greatest possible 
extent so as to have maximum control at all times. The various parts of 
a tow shall be securely assembled with the individual units connected by 
lines as short as practicable. In open water, the towlines and 
fastenings between barges may be lengthened so as to accommodate the 
wave surge. In the case of length or cumbersome tows, or tows in 
restricted channels, the District Commander may require that tows be 
broken up, and may require the installation of a rudder or other 
approved steering device on the tow in order to avoid obstructing 
navigation or damaging the property of others. Pushing barges with 
towing vessel astern, towing barges with towing vessel alongside, or 
pushing and pulling barges with units of the tow made up both ahead and 
astern of the towing vessel is permissible provided that adequate power 
is employed to keep the tow under full control at all times.
    (ii) No tow shall be drawn by a vessel that has insufficient power 
or crew to permit ready maneuverability and safe handling.
    (iii) No vessel or tow shall navigate through a drawbridge until the 
movable span is fully opened.
    (5) Projections from vessels. No vessels carrying a deck load which 
overhangs or projects over the side, or whose rigging projects over the 
side, so as to endanger passing vessels, wharves, or other property, 
shall enter or pass through any of the narrow parts of the waterway.
    (6) Meeting and passing. Vessels on meeting or overtaking shall give 
the proper signals and pass in accordance with the Inland Rules and the 
Pilot Rules for Inland Waters. Rafts shall give to vessels the side 
demanded by proper signal. All vessels approaching dredges or other 
plant engaged on improvements to a waterway shall give the signal for 
passing and slow down sufficiently to stop if so ordered or if no 
answering signal is received. On receiving the answering signal, they 
shall then pass at a speed sufficiently slow to insure safe navigation. 
Vessels approaching an intersection or bend where the view is obstructed 
must exercise due caution. At certain intersections where strong 
currents may be encountered, sailing directions may be issued from time 
to time through navigation bulletins or signs posted on each side of the 
intersections which must be observed.

    Note: The Corps of Engineers also has regulations dealing with this 
section in 33 CFR part 207.

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by USCG-2008-0179, 
73 FR 35016, June 19, 2008]



Sec. 162.100  Ohio River at Louisville, KY.

    (a) Emergency Mooring Buoys. The U.S. Army Corp of Engineers has 
established four pairs of emergency mooring bouys. Each buoy is 10 feet 
in diameter with retro-reflective sides. The two buoys which comprise 
each pair are 585 feet apart and are located approximately at:
    (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
    (4) Kentucky Bank--Mile 599.8 (Cox's Park).

    Note: All buoys, except those at Six Mile Island--Mile 598.2, are 
removed between May 1 and September 30. Due to the close proximity of 
the municipal water intakes, mooring of tank vessels laden with 
petroleum products or hazardous materials is not authorized on the 
Kentucky Bank, Mile 599.8 (Cox's Park).

    (b) The regulations. A vessel must not use the emergency mooring 
buoys that have been established by the U.S. Army Corps of Engineers, 
unless specifically authorized. The Captain of the Port, upon request, 
may authorize the use of the emergency mooring buoys by downbound towing 
vessels that are awaiting Vessel Traffic Center approval to proceed.

[CGD 90-020, 59 FR 36333, July 15, 1994]

[[Page 570]]



Sec. 162.105  Missouri River; administration and navigation.

    (a) Supervision. The District Commander, Eighth Coast Guard 
District, has certain administrative supervision overreaches of the 
river within the limits of his district and is charged with the 
enforcement under his direction of emergency regulations to govern 
navigation on the river.
    (b) Navigation. During critical flood stages on any particular 
limited reach of the Missouri River when lives, floating plant, or major 
shore installations and levees are endangered, the District Commander in 
charge of the locality shall have the authority to declare the reach of 
the river closed to navigation or to prescribe temporary speed 
regulations whenever it appears to him that such action is necessary to 
prevent immediate human suffering or to mitigate major property damage 
or destruction from wave action. The period of closure and all speed 
regulations prescribed by the District Commander shall be for the 
duration of the emergency as determined by the District Commander and 
shall be terminated at the earliest practicable time that improved river 
conditions permit.

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by USCG-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 miles per 
hour in Duluth-Superior Harbor.
    (b) In the Duluth Ship Canal:
    (1) No vessel may meet or overtake another vessel if each vessel is 
greater than 150 feet in length (including tug and tow combinations).
    (2) An inbound vessel has the right of way over an outbound vessel.

[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 per hour 
between Lily Pond and Pilgrim Point.

[CGD 79-151, 46 FR 7960, Jan. 26, 1981, as amended by CGD 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 lower Whitefish 
Bay from 45[deg]57[min] N. (De Tour Reef Light) 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 to the east along a line from 
La Pointe to Sims Point, within Potagannissing Bay and Worsley Bay.
    (b) Definitions. As used in this section:
    Two-way route means a directional route within defined limits inside 
which two-way traffic is established, and which is intended to improve 
safety in waters where navigation is difficult.
    Two-way traffic means that traffic flow is permitted in opposing 
directions, but a vessel may not meet, cross, nor overtake any other 
vessel in such a manner that it would be abreast of more than 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 waterworks intake 
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 anchor as near to the edge of the channel as possible and 
shall get underway as soon as the emergency ceases, unless otherwise 
directed. Vessel Traffic Services St. Marys River must be advised of any 
emergency anchoring as soon as is practicable.
    (3) Vessels collected in any part of the VTS Area by reason of 
temporary closure of a channel or an impediment to navigation shall get 
underway and depart in the order in which they arrived, unless otherwise 
directed by Vessel Traffic Service St. Marys River. Vessel Traffic 
Service St. Marys River may advance any vessel in the order of departure 
to expedite the movement of mails, passengers, cargo of a perishable 
nature, to facilitate passage of vessels through any channel by reason 
of special circumstance, or to facilitate passage through the St. Marys 
Falls Canal.

[[Page 571]]

    (d) Traffic Rules. (1) A vessel must proceed only in the established 
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 and north 
of Pipe Island Twins from Watson Reefs Light to Sweets Point--upbound 
traffic only.
    (2) A vessel 350 feet or more in length must not overtake or 
approach within .2 nautical miles of another vessel proceeding in the 
same direction in the following waterways:
    (i) West Neebish Channel between Nine Mile Point and Munuscong Lake 
Junction Lighted Bell Buoy;
    (ii) Middle Neebish Channel between Munuscong Lake Junction Lighted 
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 overtake 
another 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 vessel 
navigating 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 Sweets 
Point.
    (f) Alternate Winter Navigation Routes. (1) When West Neebish 
Channel is closed, Middle Neebish Channel (from Buoy ``2'' to Buoy 
``76'') will be open either as a two-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 the channel. 
However, a vessel of draft 20 feet or more must not proceed prior to 
Vessel Traffic Center approval; and
    (B) A downbound vessel must use the westerly 295 feet of the 
channel.
    (ii) When Middle Neebish Channel is an alternating one-way traffic 
lane. A vessel must use the westerly 295 feet of the channel in the 
established direction of traffic flow.
    (2) When Pipe Island Passage is closed, Pipe Island Course is a two-
way route.

    Note: The Vessel Traffic Service closes or opens these channels as 
ice conditions require after giving due consideration to the protection 
of the marine environment, waterway improvements, aids to navigation, 
the need for cross channel traffic (e.g., ferries), the availability of 
icebreakers, and the safety of the island residents who, in the course 
of their daily business, must use naturally formed ice bridges for 
transportation to and from the mainland. Under normal seasonal 
conditions, only one closing each winter and one opening each spring are 
anticipated. Prior to closing or opening these channels, interested 
parties including both shipping entities and island residents, will be 
given at least 72 hours notice by the Coast Guard.

    (g) Speed Rules. (1) The following speed limits indicate speed over 
the ground. Vessels must adhere to the following speed limits:

              Table 162.117(g)--St. Marys River Speed 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 Everens Point...       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 Nicolet            12     10.4
 Light ``80''.........................................
Lake Nicolet Light ``80'' and Winter Point (West             10      8.7
 Neebish Channel).....................................
Lake Nicolet Light ``80'' and Six Mile Point Range           10      8.7
 Rear Light...........................................
Six Mile Point Range Rear Light and lower limit of the
 St. Marys Falls Canal
    Upbound...........................................        8      7.0
    Downbound.........................................       10      8.7

[[Page 572]]

 
Upper limit of the St. Marys Falls Canal and Point Aux       12    10.4
 Pins Main Light......................................
------------------------------------------------------------------------
Note: A vessel must not navigate any dredged channel at a speed of less
  than 5 statute miles per hour (4.3 knots).

    (2) Temporary speed limit regulations may be established by 
Commanding Officer Vessel Traffic Service St. Marys River. Notice of the 
temporary speed limits and their effective dates and termination are 
published in the Federal Register and Local Notice to Mariners. These 
temporary speed limits, if imposed, will normally be placed in effect 
and terminated during the winter navigation season.
    (h) Towing Requirement. A towing vessel must: (1) Maintain positive 
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 line 
longer than 250 feet; and
    (4) Not tow a vessel of 200 feet or more in length with a tow line 
longer than the length of the towed vessel plus 50 feet.

[CGD 90-020, 59 FR 36333, July 15, 1994, as amended by CGD 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 miles per 
hour in the harbors of Michigan City, Indiana; St. Joseph, South Haven, 
Saugatuck, Holland (Lake Macatawa), Grand Haven, Muskegon, White Lake, 
Pentwater, Ludington, Manistee, Portage Lake (Manistee County), 
Frankfort, Charlevois, and Petroskey, Michigan.
    (b) No vessel greater than 40 feet in length may exceed 4 miles per 
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 and tow 
combinations) may come about.
    (3) No vessel 65 feet or greater in length (including tug and tow 
combinations) 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 so by 
the Captain of the Port.
    (5) Each vessel must keep to the center, except when meeting or 
overtaking another vessel.
    (b) In Sturgeon Bay and the Sturgeon Bay Ship Canal:
    (1) Each laden vessel under tow must be towed with at least two 
towlines. Each towline must be shortened to the extent necessary to 
provide 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 dealing with these 
areas in 33 CFR Part 207.

[CGD 79-151, 46 FR 7960, Jan. 26, 1981]



Sec. 162.130  Connecting waters from Lake Huron to Lake Erie; general rules.

    (a) Purpose. The regulations in Sec. Sec. 162.130 through 162.140 
prescribe rules for vessel operation in U.S. waters connecting Lake 
Huron to Lake Erie (including the River Rouge) to prevent collisions and 
groundings, to protect waterway improvements, and to protect these 
waters from environmental harm resulting from collisions and groundings.

    Note: The Canadian Government has issued similar regulations which 
apply in the Canadian portion of the waterway. Provisions which apply 
only in Canadian waters are noted throughout the text.


[[Page 573]]


    (b) Applicability. (1) Unless otherwise specified, the rules in 
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 20 meters or 
more in length.
    (3) The communication rules in Sec. 162.132, the traffic rules in 
Sec. 162.134, except for Sec. 162.134(c)(2), and the anchorage rules 
in Sec. 162.136 apply to the following vessels:
    (i) Vessels of 20 meters or more in length;
    (ii) Commercial vessels more than 8 meters in length engaged in 
towing 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, alongside or 
by pushing ahead; and
    (iv) Each dredge and floating plant.
    (c) Definitions. As used in Sec. Sec. 162.130 through 162.140:
    Captain of the Port means the United States Coast Guard Captain of 
the Port of Detroit, Michigan.
    Detroit River means the connecting waters from Windmill Point Light 
to the lakeward limits of the improved navigation channels at the head 
of Lake Erie.
    District Commander means Commander, Ninth Coast Guard District, 
Cleveland, Ohio.
    Master means the master or operator, the person designated by the 
master or operator to navigate the vessel, or, on a vessel not requiring 
persons holding licenses or merchant mariner credential officer 
endorsements, the person in command of the vessel.
    River Rouge means the waters of the Short Cut Canal and the River 
Rouge from Detroit Edison Cell Light 1 to the head of navigation.
    St. Clair River means the connecting waters from the lakeward limit 
of the improved navigation channel at the lower end of Lake Huron to St. 
Clair Flats Canal Light 2.
    SARNIA TRAFFIC means the Canadian Coast Guard traffic center at 
Sarnia Ontario.
    (d) Laws and regulations not affected. The regulations in Sec. Sec. 
162.130 through 162.140 do not relieve the owners or operators of 
vessels from complying with any other laws or regulations relating to 
navigation on the Great Lakes and their connecting or tributary waters.
    (e) Delegations. The District Commander, in coordination with 
appropriate Canadian officials, may make local arrangements that do not 
conflict with these regulations in the interest of safety of operations, 
to facilitate traffic movement and anchorage, to avoid disputes as to 
jurisdiction and to take necessary action to render assistance 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; USCG-2006-24371, 74 FR 11213, Mar. 16, 2009]



Sec. 162.132  Connecting waters from Lake Huron to Lake Erie; communications 

rules.

    (a) Radio listening watch. The master of each vessel required to 
comply with this section shall continuously monitor:
    (1) Channel 11 (156.55 mhz) between Lake Huron Cut Lighted Buoy 11 
and Lake St. Clair Light; and
    (2) Channel 12 (156.60 mhz) between Lake St. Clair Light and Detroit 
River Light.
    (b) Radiotelephone equipment. Reports required by this section shall 
be made by the master using a radiotelephone capable of operation on a 
vessel's navigation bridge, or in the case of a dredge, from its main 
control station.
    (c) English language. Reports required by this section shall be made 
in the English language.
    (d) Traffic reports. (1) Reports required by this section shall be 
made to SARNIA TRAFFIC on the frequency designated for the radio 
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.

[[Page 574]]

    (e) Permanent reporting points. The master of each vessel to which 
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 made upon 
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 a vessel 
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, or 
defective propulsion machinery.
    (2) Any tow that the towing vessel is unable to control, or can 
control only with difficulty.
    (h) Exemptions. Compliance with this section is not required when 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 the Detroit 
River:
    (1) The West Outer Channel is restricted to downbound vessels.
    (2) The Livingston Channel, west of Bois Blanc Island, is restricted 
to downbound vessels.

    Note: The Amherstburg Channel, in Canadian waters east of Bois Blanc 
Island, is normally restricted to upbound vessels. No vessel may proceed 
downbound in the Amherstburg Channel without authorization from the 
Regional Director General.

    (3) Between Fighting Island Channel South Light and Bar Point Pier 
Light 29D, no vessels shall meet or overtake in such a manner that more 
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 shall overtake 
another vessel.
    (c) St. Clair River. The following traffic rules apply in the St. 
Clair River:
    (1) Between St. Clair Flats Canal Light 2 and Russell Island Light 
33, vessels may only overtake vessels engaged in towing.
    (2) Between Lake Huron Cut Lighted Buoy 1 and Port Huron Traffic 
Lighted Buoy there is a zone of alternating one way traffic. Masters 
shall coordinate their movements in accordance with the following rules;
    (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 Lighted Buoy 
7 have the right of way over upbound vessels which have not reached the 
Port Huron Traffic Lighted Buoy. Upbound vessels awaiting transit of 
downbound vessels will maintain position south of the Port Huron Traffic 
Lighted Buoy.
    (v) Vessels transiting the zone shall coordinate passage by using 
communication procedures in Sec. 162.132.
    (vi) Transiting vessels shall have the right of way over moored 
vessels getting underway within the zone.
    (d) In the waters described in Sec. 162.130(a), the District 
Commander or

[[Page 575]]

Captain of the Port may establish temporary traffic 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 public vessels 
of the U.S. or Canada engaged in icebreaking or servicing aids to 
navigation or to vessels engaged in river and harbor improvement work.
    (f) The prohibitions in this section on overtaking in certain areas 
do not apply to vessels operating in the nondisplacement mode. In this 
section, ``nondisplacement mode'' means a mode of operation in which the 
vessel is supported by hydrodynamic forces, rather than displacement of 
its weight in the water, to an extent such that the wake which would 
otherwise be generated by the vessel is significantly 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 to 
swing into the channel or across steering courses.

    Note: There is an authorized anchorage in Canadian waters just above 
Fighting Island and an authorized anchorage in U.S. waters south of 
Belle Isle (33 CFR 110.206).

    (b) In the St. Clair River, vessels shall be anchored so as not to 
swing into the channel or across steering courses.

[CGD 78-151, 49 FR 18302, Apr. 30, 1984, as amended by CGD 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 displacement mode. (1) 
Except when required for the safety of the vessel or any other vessel, 
vessels of 20 meters or more in length operating in normal displacement 
mode shall proceed at a speed not greater than--
    (i) 12 statute miles per hour (10.4 knots) between Fort Gratiot 
Light and St. Clair Flats Canal Light 2;
    (ii) 12 statute miles per hour (10.4 knots) between Peche Island 
Light 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 (5 knots) 
in the navigable channel south of Peche Island (under Canadian 
jurisdiction).
    (b) Maximum speed limit for vessels operating in nondisplacement 
mode. (1) Except when required for the safety of the vessel or any other 
vessel, vessels 20 meters or more in length but under 100 gross tons 
operating in the nondisplacement mode and meeting the requirements set 
out in paragraph (c) of this section, may operate 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 of 
the Port, Detroit or Commander of the Ninth Coast Guard District prior 
to each transit of the area.
    (2) In this section, ``nondisplacement mode'' means a mode of 
operation in which the vessel is supported by hydrodynamic forces, 
rather than displacement of its weight in the water, to an extent such 
that the wake which would otherwise be generated by the vessel is 
significantly reduced.
    (c) Unsafe vessels. The Captain of the Port or the District 
Commander may deny approval for operations under paragraph (b) of this 
section if it appears that the design and operating characteristics of 
the vessels in question are not safe for the designated waterways, or if 
it appears that operations under this section have become unsafe for any 
reason.
    (d) Temporary speed limits. The District Commander may temporarily 
establish speed limits or temporarily amend existing speed limit 
regulations on the waters described in Sec. 162.130(a).

[CGD 09-95-002, 60 FR 35702, July 11, 1995]



Sec. 162.140  Connecting waters from Lake Huron to Lake Erie; miscellaneous 

rules.

    (a) Rules for towing vessels. (1) A towing vessel may drop or anchor 
its tows

[[Page 576]]

only in accordance with the provisions of Sec. 162.136.
    (2) A towing vessel engaged in arranging its tow shall not obstruct 
the navigation of other vessels.
    (b) Pilots. In the St. Clair River between Lake Huron Cut Lighted 
Buoy 1 and Port Huron Traffic Lighted Buoy, vessels shall not take on, 
discharge, or exchange pilots unless weather conditions would make 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 length 
may exceed 10 miles per hour.
    (b) In the river channel:
    (1) No vessel greater than 40 feet in length may exceed 6 miles per 
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/L No. 
770)), no vessel greater than 100 feet in length may exceed 12 miles per 
hour.
    (b) In Maumee River (inward of Maumee River Lighted Buoy 49(L/L No. 
770)):
    (1) No vessel greater than 40 feet in length may exceed 6 miles per 
hour.
    (2) No vessel greater than 100 feet in length (including tug and tow 
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 length may 
exceed 10 miles per hour.
    (b) In Huron Harbor, no vessel greater than 40 feet in length may 
exceed 6 miles per hour, except in the outer harbor where no vessel 
greater than 40 feet in length may exceed 10 miles per hour.

    Note: The Corps of Engineers also has regulations dealing with 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 Conneaut 

Harbors, Ohio.

    (a) In Vermilion Harbor, no vessel may exceed 6 miles per hour.
    (b) In Lorain, Cleveland, Fairport, Ashtabula, and Conneaut Harbors, 
no vessel may exceed 6 miles per hour, except in the outer harbors, 
where no vessel may exceed 10 miles per hour.

    Note: The Corps of Engineers also has regulations dealing with 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 per 
hour, except in the outer harbors where no vessel may exceed 10 miles 
per hour.

    Note: The Corps of Engineers also has regulations dealing with 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 per 
hour.

    Note: The Corps of Engineers also has regulations dealing with 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 Monica Bay, in 
an area extending seaward from the shoreline a distance of about 5 
nautical miles (normal to the shoreline) and basically outlined as 
follows:

------------------------------------------------------------------------
                 Station                  Latitude North  Longitude West
------------------------------------------------------------------------
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]
E.......................................  33[deg]56[min]  118[deg]26[min
                                                 25[sec]        ]29[sec]
------------------------------------------------------------------------

    (b) The regulations. (1) Vessels shall not anchor within the area at 
any time without permission.
    (2) Dredging, dragging, seining, or other fishing operations which 
might foul underwater installations within the area are prohibited.

[[Page 577]]

    (3) All vessels entering the area, other than vessels operated by or 
for the United States, the State of California, the county of Los 
Angeles, or the city of Los Angeles, shall proceed across the area by 
the most direct route and without unnecessary delay. The area will be 
open and unrestricted to small recreational craft for recreational 
activities at all times.
    (4) The placing of bouys, markers, or other devices requiring 
anchors will not be permitted.
    (5) The city of Los Angeles will maintain a patrol of the area as 
needed.



Sec. 162.200  Marina del Rey, Calif.; restricted area.

    (a) The area. That portion of the Pacific Ocean lying shoreward of 
the offshore breakwater and the most seaward 1,000 feet of the entrance 
channel between the north and south jetties, and basically outlined as 
follows:

------------------------------------------------------------------------
               Station                 Latitude North    Longitude West
------------------------------------------------------------------------
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 the area at 
any time without permission except in an emergency.
    (2) Dredging, dragging, seining, or other fishing operations which 
might foul underwater installations within the area are prohibited.

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by USCG-2008-0179, 
73 FR 35016, June 19, 2008]
    Note: The Corps of Engineers also has regulations dealing with this 
section in 33 CFR Part 207.



Sec. 162.205  Suisun Bay, San Joaquin River, Sacramento River, and connecting 

waters, CA.

    (a) San Joaquin River Deep Water Channel between Suisun Bay and the 
easterly end of the channel at Stockton; use, administration and 
navigation--(1) Maximum speed. The maximum speed for all ocean-going 
craft shall not exceed 10 miles per hour above the lower end of New York 
Slough, seven miles per hour above Criminal Point, or five miles per 
hour while passing any wharf, dock, or moored craft. As used in this 
paragraph, the speed of a vessel when navigating with the current shall 
be its rate of movement in excess of the velocity of the current.
    (2) Passing. All craft passing other boats, barges, scows, etc., in 
motion, moored or anchored, shall slow down and take every necessary 
precaution to avoid damage.
    (3) Right of way. (i) United States dredges, tugs, launches, derrick 
boats, and similar plant of contractors executing river and harbor 
improvement work for the United States, and displaying the signals 
prescribed by the regulations contained in part 80 of this chapter shall 
have the right of way and other craft shall exercise special caution to 
avoid interference with the work on which the plant is engaged. Dredges, 
whether Federal or contractors' plant, working the channel must however, 
take special care to give ocean-going vessels sufficient room for 
passing, and must lift both spuds and the ladder, and pull clear, if an 
adequate width of clear channelway cannot otherwise be provided. Ocean-
going vessels may show at the masthead a black ball not more than 20 
inches in diameter as a signal to the dredge, and may also blow five 
long blasts of the whistle when within reasonable hearing distance of 
the dredge, such signal to be followed at the proper time by the passing 
signal described in the local pilot rules. The dredge shall promptly 
acknowledge both signals in 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 making use 
of the shallower portions of the waterway.
    (iii) Rafts and tows must promptly give the channel side demanded 
upon proper signal by a vessel, and must be handled in such a manner as 
not to obstruct or interfere with the free use of the waterway by other 
craft.
    (4) Collisions. (i) Ocean-going vessels in collision in the channel 
or turning basin must, if still afloat and in a condition making 
anchorage necessary, be immediately removed to an approved

[[Page 578]]

anchorage ground, or if in such condition that beaching is necessary, 
they shall be temporarily beached on the northwest side of Mandeville 
Island or in the Old River.
    (ii) Light-draft vessels suffering collision shall be disposed of as 
directed by the District Commander or his authorized representative.
    (5) Wrecks. In no case following accidents of fire or collision will 
a vessel be allowed to remain either anchored or grounded in the 
channel, or beached at any place where it endangers other vessels, while 
settlement is pending with the underwriters.
    (6) Other laws and regulations. In all other respects, the existing 
Federal laws and rules and regulations affecting navigable waters of the 
United States will govern in this channel.
    (b) Sacramento Deep Water Ship Channel between Suisun Bay and 
easterly end of Turning Basin at West Sacramento; use, administration, 
and navigation--(1) Maximum speed for all ocean going craft--(i) Between 
Tolands Landing (Mile 6.2) and Rio Vista Bridge. When going against a 
current of two knots or more, the maximum speed over the bottom shall 
not exceed 8 knots. When going with the current, in slack water, or 
against a current of two knots or less, the maximum speed through the 
water shall not exceed 10 knots.
    (ii) Between Rio Vista Bridge and Port of Sacramento. When going 
against a current of two knots or more, the maximum speed over the 
bottom shall not exceed 5 knots. When going with the current, in slack 
water, or against a current of two knots or less, the maximum speed 
through the water shall not exceed 7 knots.
    (iii) Speed past docks or moored craft. Within 550 feet of the 
centerline of the channel the speed shall be the minimum required to 
maintain steerageway; wind, tide, current, etc., being taken into 
consideration.
    (iv) Passing. All craft passing other boats, barges, scows, etc., 
underway, moored or anchored, shall take every necessary precaution to 
avoid damage.
    (v) Speed, high-water precautions. When passing another vessel 
(underway, anchored, or tied up); a wharf or other structure; work under 
construction; plant engaged in river and harbor improvement; levees 
withstanding flood waters; buildings partially or wholly submerged by 
high water; or any other structure liable to damage by collision, 
suction or wave action; vessels shall give as much leeway as 
circumstances permit and reduce their speed sufficiently to preclude 
causing damage to the vessel or structure being passed. As deemed 
necessary for public safety during high river stages, floods, or other 
emergencies, the District Commander may prescribe, by navigation 
bulletins or other means, the limiting speed in knots or temporarily 
close the waterway or any reach of it to traffic. Since this 
subparagraph pertains directly to the manner in which vessels are 
operated, masters of vessels shall be held responsible for strict 
observance and full compliance herewith.
    (2) Right of way. (i) Dredges, tugs, launches, derrick boats and 
other similar equipment, executing river and harbor improvement work for 
the United States, and displaying the signals prescribed by the 
regulations contained in part 80, of this Chapter, shall have the right-
of-way and other craft shall exercise special caution to avoid 
interference with the work on which the plant is engaged. Dredges, 
whether Federal or contractor's plant, working the channel must however, 
take special care to give ocean-going vessels sufficient room for 
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 floating 
plant working in navigable channels, when within a reasonable distance 
therefrom and not in any case over a mile, shall indicate such intention 
by one long blast of the whistle, and shall be directed to the proper 
side for passage by the sounding, by the dredge or other floating plant, 
of the signal prescribed in the inland pilot rules for vessels underway 
and approaching each other from opposite directions, which shall be 
answered in the usual manner by the approaching vessel. If the channel 
is not clear, the floating plant shall sound the alarm or danger signal 
and the approaching vessel shall slow down or

[[Page 579]]

stop and await further signal from the plant.
    (iii) When the pipeline from a dredge crosses the channel in such a 
way that an approaching vessel cannot pass safely around the pipeline or 
dredge, there shall be sounded immediately from the dredge the alarm or 
danger signal and the approaching vessel shall slow down or stop and 
await further signal from the dredge. The pipeline shall then be opened 
and the channel cleared as soon as practicable; when the channel is 
clear for passage the dredge shall so indicate by sounding the usual 
passing signal as prescribed in paragraph (c)(2)(ii) of this section. 
The approaching vessel shall answer with a corresponding signal and pass 
promptly.
    (iv) When any pipeline or swinging dredge shall have given an 
approaching vessel or tow the signal that the channel is clear, the 
dredge shall straighten out within the cut for the passage of the vessel 
or tow.
    (v) Shallow draft vessels when meeting or being overtaken by ocean-
going vessels, shall give the right-of-way to such vessels by making use 
of the shallower portions of the waterway, wherever possible.
    (vi) Tows should promptly give the channel side requested by proper 
signal from a vessel, and should be handled in such a manner as not to 
obstruct or interfere with the free use of the waterway by other craft.
    (3) Obstruction of traffic. (i) Except as provided in paragraph 
(c)(2) of this section no person shall willfully or carelessly obstruct 
the free navigation of the waterway, or delay any vessel having the 
right to use the waterway.
    (ii) No vessel shall anchor within the channel except in distress or 
under stress of weather. Any vessel so anchored shall be moved as 
quickly as possible to such anchorage as will leave the channel clear 
for the passage of vessels.
    (iii) Motorboats, sailboats, rowboats, and other small craft shall 
not anchor or drift in the regular ship channel except under stress of 
weather or in case of breakdown. Such craft shall be so operated that 
they will not interfere with or endanger the movement of commercial or 
public vessels.
    (4) Collisions. (i) Ocean-going vessels in collision in the channel 
or turning basin, must if still afloat and in a condition making 
anchorage necessary, be immediately removed to an approved anchorage 
ground, or if in such condition that beaching is necessary, they shall 
be temporarily beached on the southwest side of Ryer Island from Mile 
15.0 to Mile 16.3 or in the Harbor and Turning Basin at West Sacramento.
    (ii) Light-draft vessels suffering collision shall be disposed of as 
directed by the District Commander or his authorized representative.
    (5) Marine accidents. Masters, mates, pilots, owners, or other 
persons using the waterway to which this paragraph applies shall notify 
the District Commander and in the case of undocumented vessels, the 
State Division of Small Craft Harbors also, by the most expeditious 
means available of all marine accidents, such as fire, collision, 
sinking or stranding, where there is possible obstruction of the channel 
or interference with navigation or where damage to Government property 
is involved, furnishing a clear statement as to the name, address, and 
ownership of the vessel or vessels involved, the time and place, and the 
action taken. In all cases, the owner of the sunken vessel shall take 
immediate steps to mark the wreck properly.
    (6) Other laws and regulations. In all other respects, existing 
Federal laws and rules and regulations affecting navigable waters of the 
United States will govern in this channel.
    (c) Sacramento River, Decker Island Restricted Anchorage for Vessels 
of the U.S. Government--(1) The anchorage ground. An elongated area in 
the Sacramento River bounded on the west by the shore of Decker Island 
and the following lines: Beginning on the shore at Decker Island North 
End Light at latitude 38[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., longitude 121[deg]42[min]27[sec] W.; thence 
southerly to latitude 38[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 to latitude 38[deg]05[min]02[sec] N., longitude 
121[deg]42[min]50[sec] W.; thence northwesterly to

[[Page 580]]

the shore of Decker Island at latitude 38[deg]05[min]04[sec] N., 
longitude 121[deg]42[min]52.5[sec] W.
    (2) Special Regulation. No Vessel or other craft except those owned 
by or operating under contract with the United States may navigate or 
anchor within 50 feet of any moored Government vessel in the area. 
Commercial and pleasure craft shall not moor to buoys or chains 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 dealing with this 
section in 33 CFR Part 207.

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD12 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 control of the Forest 
Service, Department of Agriculture. The waters of Lake Tahoe shoreward 
of a line described as follows: Beginning at the intersection of the 
high waterline with the west boundary line of Lot 2, Section 26, 
Township 13 North (Mount Diablo Base Line), Range 17 East (Mount Diablo 
Meridian); thence north 300 feet; thence southeasterly about 2,850 feet 
to the east line of Section 26 at a point 300 feet north of the high 
waterline; thence northeasterly 1,740 feet to a point 300 feet north of 
the high waterline; thence southeasterly about 1,810 feet to the 
projected east line of the former Baldwin property at a point 300 feet 
north of the high waterline; 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 a line 
described as follows: Beginning at the southeasterly corner of sec. 25, 
T. 13 N., R. 17 E., Mount Diablo Base and Meridian; thence north 410 
feet along the east line of sec. 25; thence northwesterly 95 feet to the 
high waterline which is the true point of beginning; thence north 130 
feet; thence southeasterly 565 feet; and thence south 130 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 a line described 
as follows: Beginning at the intersection of the high waterline with the 
west line of the former Pope property, about 750 feet westerly of the 
west boundary line of Lot 2, Section 6, Township 12 North (Mount Diablo 
Base Line), Range 18 East (Mount Diablo Meridian); thence north 300 
feet; thence southeasterly 4,200 feet to a point 300 feet north of the 
high waterline; and thence south 300 feet to the high waterline.
    (4) El Dorado County Beach. The waters of Lake Tahoe shoreward of a 
line described as follows: Beginning at the intersection of the high 
waterline with the west boundary line of Lot 1, Section 32, Township 13 
North (Mount Diablo Base Line), Range 18 East (Mount Diablo Meridian); 
thence north 500 feet; thence northeasterly about 1,350 feet to the 
projected east line of Lot 1 at a point 500 feet north of the high 
waterline; and thence south 500 feet to the high waterline.
    (b) The regulations. No sail or machine-propelled watercraft, except 
vessels owned or controlled by the U.S. Coast Guard, 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 shoreward of a 
line described as follows: Beginning at the intersection of the high 
waterline with a line projected in a general southerly direction 200 
feet from a point lying 310 feet west of section corner common to 
section 15, 16, 21, and 22, Township 13 North (Mount Diablo Base Line), 
Range 18 East (Mount Diablo Meridian); thence 300 feet lakeward at right 
angles to the high waterline; thence southeasterly approximately 2,170 
feet to the projected south boundary line of the Forest Service property 
at a point 300 feet west of the high waterline; 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 and vessels 
duly authorized by the United States Coast Guard, shall navigate or 
anchor in the restricted area.

[[Page 581]]



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 upstream of the axis of Hoover 
Dam and that portion of Lake Mohave (Colorado River) extending 4,500 
feet downstream of the axis of Hoover Dam.
    (2) The regulations. The restricted areas shall be closed to 
navigation and other use by the general public. Only vessels owned by or 
controlled by the U.S. Government and the States of Arizona and Nevada 
shall navigate or anchor in the restricted areas: Provided, however, The 
Regional Director, Region 3, U.S. Bureau of Reclamation, Boulder City, 
Nev., may authorize, by written permit, individuals or groups to 
navigate or anchor in the restricted areas when it is deemed in the 
public interest. Copies of said permits must be furnished to the 
enforcing agencies.
    (b) Lake Mead; speed regulation. In that portion of Lake Mead 
extending 300 feet upstream of the restricted area described in 
paragraph (a) of this section, a maximum speed of 5 miles per hour shall 
not be exceeded.
    (c) Supervision. The regulations in this section shall be supervised 
by the District Commander, Eleventh Coast Guard District.

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by USCG-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 Coast Guard 
District, has certain administrative supervision over the Columbia and 
Willamette Rivers, and is charged with the enforcement under his 
direction of emergency regulations to govern navigation of these 
streams.
    (b) Speed. During very high water stages (usually 25 feet or more on 
the Vancouver, Washington, gage) when lives, floating plant or major 
shore installations are endangered, the District Commander shall have 
authority to prescribe such temporary speed regulations as he may deem 
necessary for the public safety. During critical periods of freshets 
under 25 feet on the Vancouver, Washington, gage when construction is in 
progress, rehabilitation, or other unusual emergency makes a major shore 
installation susceptible to loss or major damage from wave action, the 
District Commander shall have authority to prescribe for a particular 
limited reach of the river as appropriate such temporary speed 
regulations as he may deem necessary to protect the integrity of such 
structure. All speed regulations prescribed by the District Commander 
shall be obeyed for the duration of the emergency and shall be 
terminated at the earliest practicable time that improved stream 
conditions permit.



Sec. 162.230  Columbia River, Wash.

    (a) Grand Coulee Dam discharge channel; restricted area--(1) The 
area. That portion of the Columbia River between Grand Coulee Dam 
(situated at river mile 596.6) and river mile 593.7.
    (2) The regulations. (i) No vessel shall enter or navigate within 
the area without permission from the enforcing agency.
    (ii) The regulation in this section shall be enforced by the Chief, 
Power Field Division, Columbia Basin Project, U.S. Department of 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 which regulations apply. 
The ``canal grounds'' when used in this paragraph shall mean that area 
between the south end of the jetties in Oak Bay and the northerly end of 
the dredge channel approximately 400 yards northwest of Port Townsend 
Canal Light. The ``canal'' is the water lying between these limits and 
the banks containing the same.
    (2) Speed. The speed limit within the canal grounds shall not exceed 
five miles per hour.
    (3) Signals. All boats desiring to use the canal shall give one long 
and one short whistle. Southbound boats shall sound the signal within 
600 yards of Port Townsend Canal Light. Northbound boats shall sound 
this signal at least 500 feet south from the end of the

[[Page 582]]

jetties in Oak bay. If no other boat answers the signal the first boat 
shall have the right of way through the canal. Any approaching boat that 
is in the canal shall answer by giving the same signal and the first 
boat shall not enter the canal until the second boat shall have passed 
through the canal. In the case of boats going in the same direction the 
boat which is in the canal shall not answer the signal of the boat 
desiring to enter.
    (4) Passing. Steamers shall not under any circumstances attempt to 
pass each other in the canal, either when going in the same or opposite 
directions.
    (5) Anchoring. No steamers or boats shall anchor or tie up within 
the canal grounds unless they are well over on the tide flats to the 
west of the dredged channel, and off the right of way belonging to the 
United States.
    (6) Tows. No tow shall enter or pass through the canal with a 
towline more than 200 feet in length.
    (7) Delaying traffic. No person shall cause or permit any vessel 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) The movement of 
vessels of 250 gross tons or over and all vessels with tows of any kind 
through the narrow section of West Waterway between the bend at Fisher's 
Flour Mill dock and the bend at the junction of East Waterway with 
Duwamish Waterway, and through the draws of the City of Seattle and 
Northern Pacific Railway Company bridges crossing this narrow section, 
shall be governed by red and green traffic signal lights mounted on the 
north and south sides of the west tower of the City Light power crossing 
at West Spokane Street.
    (2) Two green lights, one vertically above the other, displayed 
ahead of a vessel, shall indicate that the waterway is clear. Two red 
lights, 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 from 
either end of the waterway shall give one long blast of a whistle and 
shall not enter the narrow section until green lights are displayed.
    (4) One vessel may follow another vessel in either direction, but 
the channel shall not be kept open in the same direction for an 
unreasonable time if a vessel is waiting at the other end.
    (5) Tugs, launches, and small craft shall keep close to one side of 
the channel when vessels or boats with tows are passing.
    (6) All craft shall proceed with caution. The display of a green 
light is not a guarantee that the channel is clear of traffic, and 
neither the United States nor the City of Seattle will be responsible 
for any damage to vessels or other property which may be chargeable to 
mistakes in the operation of the signal lights or to their failure to 
operate.

    Note: The Corps of Engineers also has regulations dealing with this 
section in 33 CFR Part 207.

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by USCG-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 and Guard Island in Clarence 
Strait.
    (b) No vessel, except for public law enforcement and emergency 
response vessels, floatplanes during landings and take-offs, and vessels 
of 23 feet registered length or less, shall exceed a speed of 7 knots in 
the region of Tongass Narrows bounded to the north by Tongass Narrows 
Buoy 9 and to the south by Tongass Narrows East Channel Regulatory 
marker at position 55[deg]19[min]22.0[sec] N, 131[deg]36[min]40.5[sec] W 
and Tongass Narrows West Channel Regulatory 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 passage or 
otherwise while underway, unreasonably obstruct the free passage and 
progress of other vessels.
    (d) No vessel shall moor or anchor to any structure of the United 
States other than mooring piers, wharves, and

[[Page 583]]

floats without the consent of the Commander, Sector Juneau.

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 77-217, 43 
FR 60458, Dec. 28, 1978; CGD 82-039, 47 FR 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 a width of 
150 feet, beginning at a point directly offshore from the centerline of 
the city dock and extending about 2,200 feet upstream to a point 200 
feet upstream from the Inlet Co. dock.
    (b) The regulations. (1) Vessels may navigate, anchor, or moor 
within the area until such time as notification is received or 
observation is made of intended passage to or from the docking areas.
    (2) Notice of anticipated passage of towboats and barges shall be 
indicated 24 hours in advance by display of a red flag by the Inlet Co. 
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 Chatham Strait.
    (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 by CGD 82-039, 47 
FR 27266, June 24, 1982]



Sec. 162.255  Wrangell Narrows, Alaska; use, administration, and navigation.

    (a) Definitions. (1) The term ``Wrangell Narrows'' includes the 
entire body of water between Wrangell Narrows North Entrance Lighted 
Bell Buoy 63 and Midway Rock Light.
    (2) The term ``raft section'' refers to a standard raft of logs or 
piling securely fastened together for long towing in Alaska inland 
waters in the manner customary with the local logging interests, i.e., 
with booms, swifters, and tail sticks. It normally contains 30,000 to 
70,000 feet board measure of logs or piling and has a width of 45 to 60 
feet and a length of 75 to 100 feet.
    (b) Speed restrictions. No vessel shall exceed a speed of seven (7) 
knots in the vicinity of Petersburg, between Wrangell Narrows Channel 
Light 58 and Wrangell Narrows Lighted Buoy 60.
    (c) Tow channel. The following route shall be taken by all tows 
passing through Wrangell Narrows when the towboat has a draft of 9 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 proceeding to 
west side of channel and leaving Wrangell Narrows by making passage 
between Wrangell Narrows Channel Daybeacon 61 and Wrangell Narrows North 
Entrance Lighted Bell Buoy 63 F.

    (d) Size of tows. The maximum tows permitted shall be one pile 
driver, or three units of other towable equipment or seven raft 
sections.
    (e) Arrangement of tows. (1) No towline or aggregate of towlines 
between towboat and separated pieces shall exceed 150 feet in length.
    (2) Raft and barge tows of more than one unit shall not exceed 65 
feet in width overall. Single barge tows shall not exceed 100 feet in 
width overall.
    (3) Tows other than rafts shall be taken alongside the towboat 
whenever possible.
    (f) Anchorage. Vessels may anchor in the anchorage basin in the 
vicinity of Anchor Point. No craft or tow shall be anchored in Wrangell 
Narrows in either the main ship channel or the towing

[[Page 584]]

channel, nor shall any craft or tow be anchored so that it can swing 
into either of these channels.
    (g) Disabled craft. Disabled craft in a condition of absolute 
necessity are exempt from the regulations in this section.

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 82-039, 47 
FR 27266, June 24, 1982; CGD 94-026, 60 FR 63624, Dec. 12, 1995]



Sec. 162.260  Channel leading to San Juan Harbor, P.R.; use, administration, 

and navigation.

    (a) Steamers passing dredge engaged in improving the channel shall 
not have a speed greater than 4 miles an hour, and the propelling 
machinery shall be stopped when crossing the lines to the dredge 
anchors.
    (b) Vessels using the channel shall pass the dredge on the side 
designated 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 lights 
hung in a vertical line by night to indicate the passing side.
    (d) Vessels shall not anchor on the ranges of stakes or other marks 
placed for the guidance of the dredge, nor in such a manner as to 
obstruct the channel for passing vessels.
    (e) Vessels shall not run over or disturb stake, lanterns, or other 
marks placed for the guidance of the dredge.
    (f) Dredges working in the prosecution of the work shall not 
obstruct the channel unnecessarily.
    (g) The dredge will slack lines running across the channel from the 
dredge on the passing side, for passing vessels, when notified by 
signal, with whistle or horn.
    (h) The position of anchors of the dredge shall be marked by buoys 
plainly visible to passing vessels.



Sec. 162.270  Restricted areas in vicinity of Maritime Administration Reserve 

Fleets.

    (a) The regulations in this section shall govern the use and 
navigation of waters in the vicinity of the following National Defense 
Reserve Fleets of the Maritime Administration, Department of 
Transportation:
    (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 or controlled 
by the United States Government, shall cruise or anchor between Reserve 
Fleet units within 500 feet of the end vessels in each Reserve Fleet 
unit, or within 500 feet of the extreme units of the fleets, unless 
specific permission of do so has first been granted in each case by the 
enforcing agency.
    (c) The regulations in this section shall be enforced by the 
respective Fleet Superintendents and such agencies as they may 
designate.

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 86-053, 51 
FR 43742, Dec. 4, 1986]



PART 163_TOWING OF BARGES--Table of Contents



Sec.
163.01 Application.
163.03 Definitions.
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 the 
harbors, rivers, and inland waters of the United States, except the 
Great Lakes and their connecting and tributary waters as far east as 
Montreal, the Red River of the North, the Mississippi River and its 
tributaries above Huey P. Long Bridge, and that part of the Atchafalaya 
River above its junction with the Plaquemine-Morgan City alternate 
waterway.
    (b) Seagoing barges and their towing vessels shall be subject to the 
requirements in this part under the provisions of section 14 of the Act 
of May 28, 1908, as amended (sec. 14, 35 Stat. 428, as amended; 33 
U.S.C. 152). Under the provisions of section 15 of the Act of 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 against the master of the 
towing vessel seeking the suspension or revocation of

[[Page 585]]

his license or merchant mariner credential.

[CGFR 60-61, 25 FR 9045, Sept. 21, 1960, as amended by CGFR 66-59, 31 FR 
13647, Oct. 22, 1966. Redesignated by CGD 81-017, 46 FR 28154, May 26, 
1981; USCG-2006-24371, 74 FR 11213, Mar. 16, 2009]



Sec. 163.03  Definitions.

    The following definition applies to this part:
    Merchant mariner credential or MMC means the credential issued by 
the Coast Guard under 46 CFR part 10. It combines the individual 
merchant mariner's document, license, and certificate of registry 
enumerated in 46 U.S.C. subtitle II part E as well as the STCW 
endorsement into a single credential that serves as the mariner's 
qualification document, certificate of identification, and certificate 
of service.

[USCG-2006-24371, 74 FR 11213, Mar. 16, 2009]



Sec. 163.05  Tows of seagoing barges within inland waters.

    (a) The tows of seagoing barges when navigating the inland waters of 
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. Redesignated by 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 must be 
bunched above a line drawn between Robbins Reef Light and Owls Head, 
Brooklyn, but the quarantine anchorage and the north entrance to Ambrose 
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 by CGFR 64-21, 29 FR 
5733, Apr. 30, 1964. Redesignated by CGD 81-017, 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 Shipborne Equipment--Prince 
          William Sound.
164.46 Automatic Identification System (AIS).
164.51 Deviations from rules: Emergency.
164.53 Deviations from rules and reporting: Non-operating equipment.
164.55 Deviations from rules: Continuing operation or period of time.
164.61 Marine casualty reporting and record retention.
164.70 Definitions.
164.72 Navigational-safety equipment, charts or maps, and publications 
          required on towing vessels.
164.74 Towline and terminal gear for towing astern.
164.76 Towline and terminal gear for towing alongside and pushing 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 also issued 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 for

[[Page 586]]

foreign vessels described in Sec. 164.02) when it is operating 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 each towing 
vessel of 12 meters (39.4 feet) or more in length operating in the 
navigable waters of the United States other than the St. Lawrence 
Seaway; except that a towing vessel is exempt from the requirements of 
Sec. 164.72 if it is--
    (1) Used solely within a limited geographic area, such as a 
fleeting-area for barges or a commercial facility, and used solely for 
restricted service, such as making up or breaking up larger tows;
    (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 from Sec. 
164.72 for a specified route if he or she decides that exempting it 
would not allow its unsafe navigation under anticipated conditions.
    (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 vessels owned, leased, or 
operated by the United States Government and used only in government 
noncommercial service when these vessels are equipped with electronic 
navigation systems that have met the applicable 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 by CGD 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 this part, including 
Sec. Sec. 164.38 and 164.39, this part does not apply to vessels that:
    (1) Are not destined for, or departing from, a port or place subject 
to the jurisdiction of the United States; and
    (2) Are in:
    (i) Innocent passage through the territorial sea of the United 
States; or
    (ii) Transit through navigable waters of the United States which 
form a part of an international strait.

[CGD 77-063, 44 FR 66530, Nov. 19, 1979, as amended by CGD 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 part 
with the approval of the Director of the Federal Register under 5 U.S.C. 
552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in paragraph (b) of this section, the Coast Guard must publish 
notice of change in the Federal Register and the material must be 
available to the public. All approved material is available for 
inspection at the Navigation Systems Division (CG-5413), Coast Guard 
Headquarters, 2100 2nd St. SW., Stop 7355, Washington, DC 20593-7355 and 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html. All approved material is 
available from the sources indicated in paragraph (b) of this section.
    (b) The materials approved for incorporation by reference in this 
part 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 Barr
 Harbor Drive, West Conshohocken, PA 19428-2959
  ASTM D4268-93, Standard Test Method for Testing Fiber Ropes     164.74
Cordage Institute, 350 Lincoln Street, Hingham, MA 02043
  CIA-3, Standard Test Methods for Fiber Rope Including           164.74
   Standard Terminations, Revised, June 1980.................

[[Page 587]]

 
International Electrotechnical Commission (IEC), 3, rue de
 Varemb, Geneva, Switzerland.
  IEC 61993-2, Maritime navigation and radiocommunication         164.46
   equipment and systems--Automatic identification systems
   (AIS)--part 2: Class A shipborne equipment of the
   universal automatic identification system (AIS)--
   Operational and performance requirements, methods of test
   and required test results First edition, 2001-12..........
International Maritime Organization (IMO), 4 Albert
 Embankment, London SE1 7SR, U.K.
  IMO Resolution A342(IX), Recommendation on Performance          164.13
   Standards for Automatic Pilots, adopted November 12, 1975.
  Resolution MSC.74(69), Annex 3, Recommendation on               164.46
   Performance Standards for a Universal Shipborne Automatic
   Identification System (AIS), adopted May 12, 1998.........
  SN/Circ.227, Guidelines for the Installation of a Shipborne     164.46
   Automatic 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 January and July 2002, (SOLAS 2000 Amendments)..
  Conference resolution 1, Adoption of amendments to the          164.46
   Annex to the International Convention for the Safety of
   Life at Sea, 1974, and amendments to Chapter V of SOLAS
   1974, adopted December 12, 2002...........................
International Telecommunication Union Radiocommuni- cation
 Bureau (ITU-R), Place de Nations CH-1211 Geneva 20
 Switzerland
  (1) ITU-R Recommendation M.821, Optional Expansion of the       164.43
   Digital Selective-Calling System for Use in the Maritime
   Mobile Service, 1992......................................
  (2) ITU-R Recommendation M.825, Characteristics of a            164.43
   Transponder System Using Digital Selective-Calling
   Techniques for Use with Vessel Traffic Services and Ship-
   to-Ship Identification, 1992..............................
  ITU-R Recommendation M.1371-1, Technical characteristics        164.46
   for a universal shipborne automatic identification system
   using time division multiple access in the VHF maritime
   mobile band, 1998-2001....................................
Radio Technical Commission for Maritime Services, 655
 Fifteenth Street, NW., Suite 300, Washington, DC 20005
  (1) RTCM Paper 12-78/DO-100, Minimum Performance Standards,     164.41
   Loran C Receiving Equipment, 1977.........................
  (2) RTCM Paper 194-93/SC104-STD, RTCM Recommended Standards     164.43
   for Differential NAVSTAR GPS Service, Version 2.1, 1994...
  (3) RTCM Paper 71-95/SC112-STD, RTCM Recommended Standards      164.72
   for Marine Radar Equipment Installed on Ships of Less Than
   300 Tons Gross Tonnage, Version 1.1, October 10, 1995.....
  (4) RTCM Paper 191-93/SC112-X, RTCM Recommended Standards       164.72
   for Maritime Radar Equipment Installed on Ships of 300
   Tons Gross Tonnage and Upwards, Version 1.2, December 20,
   1993......................................................
 


[CGD 91-203, 58 FR 27632, May 10, 1993, as amended by CGD 83-043, 60 FR 
24771, May 10, 1995; CGD 93-022, 60 FR 51734, 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; USCG-2010-0351, 75 
FR 36287, June 25, 2010]



Sec. 164.11  Navigation under way: General.

    The owner, master, or person in charge of each vessel underway shall 
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) of this 
section is competent to perform that duty;
    (c) The position of the vessel at each fix is plotted on a chart of 
the area and the person directing the movement of

[[Page 588]]

the vessel is informed of the vessel's position;
    (d) Electronic and other navigational equipment, external fixed aids 
to navigation, geographic reference points, and hydrographic contours 
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 approximate positions 
to alert the mariner to hazards to navigation or to indicate the 
orientation of a channel. Buoys may not maintain an exact position 
because strong or varying currents, heavy seas, ice, and collisions with 
vessels can move or sink them or set them adrift. Although buoys may 
corroborate a position fixed by other means, buoys cannot be used to fix 
a position: however, if no other aids are available, buoys alone may be 
used to establish an estimated position.

    (f) The danger of each closing visual or each closing radar contact 
is evaluated and the person directing the movement of the vessel knows 
the evaluation;
    (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 are 
known and correctly applied by the person directing the movement of the 
vessel;
    (j) A person whom he has determined is competent to steer the vessel 
is in the wheelhouse at all times; \1\
---------------------------------------------------------------------------

    \1\ See also 46 U.S.C. 8702(d), which requires an able seaman at the 
wheel on U.S. vessels of 100 gross tons or more in narrow or crowded 
waters during low visibility.
---------------------------------------------------------------------------

    (k) If a pilot other than a member of the vessel's crew is employed, 
the pilot is informed of the draft, maneuvering characteristics, and 
peculiarities of the vessel and of any abnormal circumstances on the 
vessel that may affect its safe navigation.
    (l) Current velocity and direction for the area to be transited are 
known by the person directing the movement of the vessel;
    (m) Predicted set and drift are known by the person directing 
movement of the vessel;
    (n) Tidal state for the area to be transited is known by the person 
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 the 
vessel's speed with consideration for:
    (1) The prevailing visibility and weather conditions;
    (2) The proximity of the vessel to fixed shore and marine 
structures;
    (3) The tendency of the vessel underway to squat and suffer 
impairment 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 and recorded in the 
vessel's log; and
    (r) The equipment required by this part is maintained in operable 
condition.
    (s) Upon entering U.S. waters, the steering wheel or lever on the 
navigating bridge is operated to determine if the steering equipment is 
operating properly under manual control, unless the vessel has been 
steered under manual control from the navigating bridge within the 
preceding 2 hours, except when operating on the Great Lakes and their 
connecting and tributary waters.
    (t) At least two of the steering-gear power units on the vessel are 
in operation when such units are capable of simultaneous operation, 
except when the vessel is sailing on the Great Lakes and their 
connecting and tributary waters, and except as required by paragraph (u) 
of this section.
    (u) On each passenger vessel meeting the requirements of the 
International Convention for the Safety of Life at Sea, 1960 (SOLAS 60) 
and on each cargo vessel meeting the requirements of SOLAS 74 as amended 
in 1981, the number of steering-gear power units necessary to move the 
rudder from 35[deg] on either side to 30[deg] on the other in not

[[Page 589]]

more than 28 seconds must be in simultaneous operation.

[CGD 74-77, 42 FR 5956, Jan. 31, 1977, as amended by CGD 83-004, 49 FR 
43466, Oct. 29, 1984; CGD 91-203, 58 FR 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 in bulk in the 
cargo spaces and inspected and certificated as a tanker.
    (b) Each tanker must have an engineering watch capable of monitoring 
the propulsion system, communicating with the bridge, and implementing 
manual control measures immediately when necessary. The watch must be 
physically present in the machinery spaces or in the main control space 
and must consist of at least an engineer with an appropriately endorsed 
license or merchant mariner credential.
    (c) Each tanker must navigate with at least two deck officers with 
an appropriately endorsed license or merchant mariner credential on 
watch on the bridge, one of whom may be a pilot. In waters where a pilot 
is required, the second officer, must be an individual holding an 
appropriately endorsed license or merchant mariner credential and 
assigned to the vessel as master, mate, or officer in charge of a 
navigational watch, who is separate and distinct from the pilot.
    (d) Except as specified in paragraph (e) of this section, a tanker 
may operate with an auto pilot engaged only if all of the following 
conditions exist:
    (1) The operation and performance of the automatic pilot conforms 
with the standards recommended by the International Maritime 
Organization in IMO Resolution A.342(IX).
    (2) A qualified helmsman is present at the helm and prepared at all 
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 in 
subchapter P of this chapter.
    (ii) The portions of a shipping safety fairway specified in part 166 
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, and 
complying with paragraph (d)(2) of this section, may use the system with 
the auto pilot engaged while in the areas described in paragraphs (d)(3) 
(i) and (ii) of this section. The master shall provide, upon request, 
documentation showing that the integrated navigation system--
    (1) Can maintain a predetermined trackline with a cross track error 
of less than 10 meters 95 percent of the time;
    (2) Provides continuous position data accurate to within 20 meters 
95 percent of the time; and
    (3) Has an immediate override control.

[CGD 91-203, 58 FR 27633, May 10, 1993, as amended by CGD 91-203, 58 FR 
36141, July 6, 1993; USCG-2006-24371, 74 FR 11213, Mar. 16, 2009]



Sec. 164.15  Navigation bridge visibility.

    (a) The arrangement of cargo, cargo gear, and trim of all vessels 
entering or departing from U.S. ports must be such that the field of 
vision from the navigation bridge conforms as closely as possible to the 
following requirements:
    (1) From the conning position, the view of the sea surface must not 
be obscured by more than the lesser of two ship lengths or 500 meters 
(1640 feet) from dead ahead to 10 degrees on either side of the vessel. 
Within this arc of visibility any blind sector caused by cargo, cargo 
gear, or other permanent obstruction must not exceed 5 degrees.
    (2) From the conning position, the horizontal field of vision must 
extend over an arc from at least 22.5 degrees abaft the beam on one side 
of the vessel, through dead ahead, to at least 22.5 degrees abaft the 
beam on the other side of the vessel. Blind sectors forward of the beam 
caused by cargo, cargo gear, or other permanent obstruction must not 
exceed 10 degrees each, nor total more than 20 degrees, including any 
blind sector within the arc of visibility described in paragraph (a)(1) 
of this section.

[[Page 590]]

    (3) From each bridge wing, the field of vision must extend over an 
arc 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 must extend 
over an arc from dead ahead to at least 60 degrees on either side of the 
vessel.
    (b) A clear view must be provided through at least two front windows 
at all times regardless of weather conditions.

[CGD 85-099, 55 FR 32247, Aug. 8, 1990, as amended by USCG-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 anchored shall 
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 to 
cause the vessel's anchor to drag, action is taken to ensure the safety 
of the vessel, structures, and other vessels, such as being ready to 
veer chain, let go a second anchor, or get underway using the vessel's 
own propulsion or tug assistance.

[CGD 74-77, 42 FR 5956, Jan. 31, 1977]



Sec. 164.25  Tests before entering or getting underway.

    (a) Except as provided in paragraphs (b) and (c) of this section no 
person may cause a vessel to enter into or get underway on the navigable 
waters of the United States unless no more than 12 hours before entering 
or getting underway, the following equipment has been tested:
    (1) Primary and secondary steering gear. The test procedure includes 
a visual inspection of the steering gear and its connecting linkage, 
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, if 
installed.
    (iv) Each rudder angle indicator in relation to the actual position 
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 capabilities 
of the steering gear.
    (2) All internal vessel control communications and vessel control 
alarms.
    (3) Standby or emergency generator, for as long as necessary to show 
proper functioning, including steady state temperature and pressure 
readings.
    (4) Storage batteries for emergency lighting and power systems in 
vessel control and propulsion machinery spaces.
    (5) Main propulsion machinery, ahead and astern.
    (b) Vessels navigating on the Great Lakes and their connecting and 
tributary waters, having once completed the test requirements of this 
subpart, are considered to remain in compliance until arriving at the 
next port of call on the Great Lakes.
    (c) Vessels entering the Great Lakes from the St. Lawrence Seaway 
are considered to be in compliance with this sub-part if the required 
tests 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 of 
the United States unless the emergency steering drill described below 
has been conducted within 48 hours prior to entry and logged in the 
vessel logbook, unless the drill is conducted and logged on a regular 
basis at least once every three months. This drill must include at a 
minimum the following:
    (1) Operation of the main steering gear from within the steering 
gear compartment.
    (2) Operation of the means of communications between the navigating 
bridge and the steering compartment.

[[Page 591]]

    (3) Operation of the alternative power supply for the steering gear 
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 by CGD 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 unless the 
vessel has the marine charts, publications, and equipment as required 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 the 
National Ocean Service, U.S. Army Corps of Engineers, or a river 
authority that--
    (i) Are of a large enough scale and have enough detail to make safe 
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 following 
publications:
    (i) U.S. Coast Pilot.
    (ii) Coast Guard Light List.
    (3) For the area to be transited, the current edition of, or 
applicable current extract from:
    (i) Tide tables published by private entities using data provided by 
the National Ocean Service.
    (ii) Tidal current tables published by private entities using data 
provided by the National Ocean Service, or river current publication 
issued by the U.S. Army Corps of Engineers, or a river authority.
    (b) As an alternative to the requirements for paragraph (a) of this 
section, a marine chart or publication, or applicable extract, published 
by a foreign government may be substituted for a U.S. chart and 
publication required by this section. The chart must be of large enough 
scale and have enough detail to make safe navigation of the area 
possible, and must be currently corrected. The publication, or 
applicable extract, must singly or in combination contain similar 
information to the U.S. Government publication to make safe navigation 
of the area possible. The publication, or applicable extract must be 
currently corrected, with the exceptions of tide and tidal current 
tables, which must be the current editions.
    (c) As used in this section, ``currently corrected'' means corrected 
with changes contained in all Notices to Mariners published by the 
National Imagery and Mapping Agency, or an equivalent foreign 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 by USCG-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 a binnacle, 
that can be read at the vessel's main steering stand.
    (c) A current magnetic compass deviation table or graph or compass 
comparison record for the steering compass, in the wheelhouse.
    (d) A gyrocompass.
    (e) An illuminated repeater for the gyrocompass required by 
paragraph (d) of this section that is at the main steering stand, unless 
that gyrocompass is illuminated and is at the main steering stand.
    (f) An illuminated rudder angle indicator in the wheelhouse.
    (g) The following maneuvering information prominently displayed on a 
fact sheet in the wheelhouse:
    (1) A turning circle diagram to port and starboard that shows the 
time and distance and advance and transfer required to alter course 90 
degrees with maximum rudder angle and constant power settings, for 
either full and half speeds, or for full and slow speeds. For vessels 
whose turning circles are essentially the same for both directions, a 
diagram showing a turning circle in one direction, with a note on the 
diagram stating that turns to port and starboard are essentially the 
same, may be substituted.

[[Page 592]]

    (2) The time and distance to stop the vessel from either full and 
half speeds, or from full and slow speeds, while maintaining 
approximately the initial heading with minimum application of the 
rudder.
    (3) For each vessel with a fixed propeller, a table of shaft 
revolutions per minute for a representative range of speeds.
    (4) For each vessel with a controllable pitch propeller, a table of 
control settings for a representative range of speeds.
    (5) For each vessel that is fitted with an auxiliary device to 
assist in maneuvering, such as a bow thruster, a table of vessel speeds 
at which the auxiliary device is effective in maneuvering the vessel.
    (6) The maneuvering information for the normal load and normal 
ballast condition for:
    (i) Calm weather--wind 10 knots or less, calm sea;
    (ii) No current;
    (iii) Deep water conditions--water depth twice the vessel's draft 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 from that 
listed above if any of the following conditions, upon which the 
maneuvering information is based, are varied:
    (1) Calm weather--wind 10 knots or less, calm sea;
    (2) No current;
    (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 of the 
vessel's echo depth sounding device, except when operating on the Great 
Lakes and their connecting and tributary waters.
    (j) Equipment on the bridge for plotting relative motion.
    (k) Simple operating instructions with a block diagram, showing the 
change-over procedures for remote steering gear control systems and 
steering gear power units, permanently displayed on the navigating 
bridge and in the steering gear compartment.
    (l) An indicator readable from the centerline conning position 
showing the rate of revolution of each propeller, except when operating 
on the Great Lakes and their connecting and tributary waters.
    (m) If fitted with controllable pitch propellers, an indicator 
readable from the centerline conning position showing the pitch and 
operational mode of such propellers, except when operating on the Great 
Lakes and their connecting and tributary waters.
    (n) If fitted with lateral thrust propellers, an indicator readable 
from the centerline conning position showing the direction and amount of 
thrust of such propellers, except when operating on the Great Lakes and 
their connecting and tributary waters.
    (o) A telephone or other means of communication for relaying 
headings to the emergency steering station. Also, each vessel of 500 
gross tons and over and constructed on or after June 9, 1995 must be 
provided with arrangements for supplying visual compass-readings to the 
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 by CGD 77-183, 45 FR 
18925, Mar. 24, 1980; CGD 83-004, 49 FR 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, in addition 
to the radar system under Sec. 164.35(a), a second marine radar system 
that operates independently of the first.

    Note: Independent operation means two completely separate systems, 
from separate branch power supply circuits or distribution panels to 
antennas, so that failure of any component of one system will not render 
the other system inoperative.

    (b) On each tanker of 10,000 gross tons or more that is subject to 
46 U.S.C. 3708, the dual radar system required by this part must have a 
short range capability and a long range capability; and

[[Page 593]]

each radar must have true north features consisting of a display that is 
stabilized 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 by CGD 79-033, 44 FR 
26741, May 7, 1979; CGD 79-033, 47 FR 34389, Aug. 9, 1982; USCG-1998-
3799, 63 FR 35532, June 30, 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 and carried 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 50 tons 
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 a 
combustible liquid as defined in 46 CFR 30.10-15;
    (2) A material listed in table 151.05 of 46 CFR 151.05, table 1 of 
46 CFR 153, or table 4 of 46 CFR Part 154; or
    (3) A liquid, liquefied gas, or compressed gas listed in 49 CFR 
172.101.
    Self-propelled vessel includes those combinations of pushing vessel 
and vessel being pushed ahead which are rigidly connected in a composite 
unit and are required by Rule 24(b) of the International Regulations for 
Preventing Collisions at Sea, 1972 (72 COLREGS) (App. A to 33 CFR Part 
81) to exhibit the lights prescribed in Rule 23 for a ``Power Driven 
Vessel Underway''.
    Tank vessel means a vessel that is constructed or adapted to carry; 
or carries, oil or hazardous materials in bulk as cargo or cargo 
residue.
    (b) An Automatic Radar Plotting Aid (ARPA) that complies with the 
standard for such devices adopted by the International Maritime 
Organization in its ``Operational Standards for Automatic Radar Plotting 
Aids'' (Appendix A), and that has both audible and visual alarms, must 
be installed as follows:
    (1) Each self-propelled vessel, except a public vessel, of 10,000 
gross tons or more carrying oil or hazardous materials in bulk as cargo 
or in residue on the navigable waters of the United States, or which 
transfers oil or hazardous materials in any port or place subject to the 
jurisdiction of the United States, must be equipped with an ARPA.
    (2) Each tank vessel of 10,000 gross tons or more operating on the 
navigable waters of the United States must be equipped with an ARPA.
    (3) Each self-propelled vessel of 15,000 gross tons or more that is 
not a tank vessel, and is not carrying oil or hazardous material in bulk 
as cargo or in residue operating on the navigable waters of the United 
States, and was constructed before September 1, 1984, must be equipped 
with an ARPA, except when it is operating on the Great Lakes and their 
connecting and tributary waters.
    (4) Each vessel of 10,000 gross tons or more, except when operating 
on the Great Lakes and their connecting and tributary waters, 
constructed on or after September 1, 1984 must be equipped with an ARPA.
    (c) [Reserved]
    (d)(1) Each device required under paragraph (b) of this section must 
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 with the 
International Maritime Organization (IMO) `Performance Standards for 
Automatic Radar Plotting Aids (ARPA).' ''
    (2) Each device allowed under paragraph (c) of this section must 
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 with the U.S. 
Maritime Administration's `Collision Avoidance System Specification.' ''

[[Page 594]]

 Appendix A to Sec. 164.38--Performance Standards For Automatic Radar 
                          Plotting Aids (ARPA)

                             1 Introduction

    1.1 The Automatic Radar Plotting Aids (ARPA) should, in order to 
improve the standard of collision avoidance at sea:
    .1 Reduce the work-load of observers by enabling them to 
automatically obtain information so that they can perform as well with 
multiple targets as they can by manually plotting a single target; and
    .2 Provide continuous, accurate and rapid situation evaluation.

    1.2 In addition to the General Requirements for Electronic 
Navigational Aids ([IMO] Res. A.281(VII)), the ARPA should comply with 
the following minimum performance standards.

                              2 Definitions

    2.1 Definitions of terms in these performance standards are given in 
Annex 1.

                         3 Performance Standards

    3.1 Detection
    3.1.1 Where a separate facility is provided for detection of 
targets, other than by the radar observer, it should have a performance 
not inferior to that which could be obtained by the use of the 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 manual acquisition and 
cancellation. ARPA with automatic acquisition should have a facility to 
suppress acquisition in certain areas. On any range scale where 
acquisition is suppressed over a certain area, the area of acquisition 
should be indicated on the display.
    3.2.2 Automatic or manual acquisition should have a performance not 
inferior to that which could be obtained by the user of the radar 
display.
    3.3 Tracking
    3.3.1 The ARPA should be able to automatically track, process, 
simultaneously display and continuously update the information on at 
least:

    .1 20 targets, if automatic acquisition is provided, whether 
automatically or manually acquired; or
    .2 10 targets, if only manual acquisition is provided.

    3.3.2 If automatic acquisition is provided, description of the 
criteria of selection of targets for tracking should be provided to the 
user. If the ARPA does not track all targets visible on the display, 
targets which are being tracked should be clearly indicated on the 
display. The reliability of tracking should not be less than that 
obtainable using manual recording of successive target positions 
obtained from the radar display.
    3.3.3 Provided the target is not subject to target swop, the ARPA 
should continue to track an acquired target which is clearly 
distinguishable on the display for 5 out of 10 consecutive scans.
    3.3.4 The possibility of tracking errors, including target swop, 
should be minimized by ARPA design. A qualitative description of the 
effects of error sources on the automatic tracking and corresponding 
errors should be provided to the user, including the effects of low 
signal to noise and low signal to clutter ratios caused by sea returns, 
rain, snow, low clouds and non-synchronous emission.
    3.3.5 The ARPA should be able to display on request at least four 
equally time-spaced past positions of any targets being tracked over a 
period of at least eight minutes.
    3.4 Display
    3.4.1 The Display may be a separate or integral part of the ship's 
radar. However, the ARPA display should include all the data required to 
be provided by a radar display in accordance with the performance 
standards for navigational radar equipment adopted by the Organization.
    3.4.2 The design should be such that any malfunction of ARPA parts 
producing information additional to information to be produced by the 
radar as required by the performance standards for navigational 
equipment adopted by IMO should not affect the integrity of the basic 
radar presentation.
    3.4.3 The display on which ARPA information is presented should have 
an effective diameter of at least 340 mm.
    3.4.4 The ARPA facilities should be available on at least the 
following range scales:

    .1 12 or 16 miles;
    .2 3 or 4 miles.

    3.4.5 There should be a positive indication of the range scale in 
use.
    3.4.6 The ARPA should be capable of operating with a relative motion 
display with ``north-up'' and either ``head-up'' or ``course-up'' 
azimuth stabilization. In addition, the ARPA may also provide for a true 
motion display. If true motion is provided, the operator should be able 
to select for his display either true or relative motion. There should 
be a positive indication of the display mode and orientation in use.
    3.4.7 The course and speed information generated by the ARPA for 
acquired targets should be displayed in a vector or graphic form which 
clearly indicates the target's predicted motion. In this regard:

    .1 ARPA presenting predicted information in vector form only should 
have the option of both true and relative vectors;
    .2 An ARPA which is capable of presenting target course and speed 
information in graphic form, should also, on request, provide the 
target's true and/or relative vector;

[[Page 595]]

    .3 Vectors displayed should be either time adjustable or have a 
fixed time-scale;
    .4 A positive indication of the time-scale of the vector in use 
should be given.

    3.4.8 The ARPA information should not obscure radar information in 
such a manner as to degrade the process of detecting targets. The 
display of ARPA data should be under the control of the radar observer. 
It should be possible to cancel the display of unwanted ARPA data.
    3.4.9 Means should be provided to adjust independently the 
brilliance of the ARPA data and radar data, including complete 
elimination of the ARPA data.
    3.4.10 The method of presentation should ensure that the ARPA data 
is clearly visible in general to more than one observer in the 
conditions of light normally experienced on the bridge of a ship by day 
and by night. Screening may be provided to shade the display from 
sunlight but not to the extent that it will impair the observer's 
ability to maintain a proper lookout. Facilities to adjust the 
brightness should be provided.
    3.4.11 Provisions should be made to obtain quickly the range and 
bearing of any object which appears on the ARPA display.
    3.4.12 When a target appears on the radar display and, in the case 
of automatic acquisition, enters within the acquisition area chosen by 
the observer or, in the case of manual acquisition, has been acquired by 
the observer, the ARPA should present in a period of not more than one 
minute an indication of the target's motion trend and display within 
three minutes the target's predicted motion in accordance with 
paragraphs 3.4.7, 3.6, 3.8.2 and 3.8.3.
    3.4.13 After changing range scales on which the ARPA facilities are 
available or resetting the display, full plotting information should be 
displayed within a period of time not exceeding four scans.
    3.5 Operational Warnings
    3.5.1 The ARPA should have the capability to warn the observer with 
a visual and/or audible signal of any distinguishable target which 
closes to a range or transits a zone chosen by the observer. The target 
causing the warning should be clearly indicated on the display.
    3.5.2 The ARPA should have the capability to warn the observer with 
a visual and/or audible signal of any tracked target which is predicted 
to close to within a minimum range and time chosen by the observer. The 
target causing the warning should be clearly indicated on the display.
    3.5.3 The ARPA should clearly indicate if a tracked target is lost, 
other than out of range, and the target's last tracked position should 
be clearly indicated on the display.
    3.5.4 It should be possible to activate or de-activate the 
operational warnings.
    3.6 Data Requirements
    3.6.1 At the request of the observer the following information 
should be immediately available from the ARPA in alphanumeric 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 on all 
tracked targets of an own ship manoeuvre without interrupting the 
updating of target information. The simulation should be initiated by 
the 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 those given 
in paragraphs 3.8.2 and 3.8.3 for the four scenarios defined in Annex 2. 
With the sensor errors specified in Annex 3, the values given relate to 
the best possible manual plotting performance under environmental 
conditions of plus and minus ten degrees of roll.
    3.8.2 An ARPA should present within one minute of steady state 
tracking the relative motion trend of a target with the following 
accuracy values (95 percent probability values):

------------------------------------------------------------------------
                                     Relative     Relative
          Scenario/data               course       speed      CPA (n.m.)
                                    (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 steady state 
tracking the motion of a target with the following accuracy values (95 
percent probability values):

----------------------------------------------------------------------------------------------------------------
                                           Relative    Relative                              True
              Scenario/data                 course       speed      C.P.A.       TCPA       course    True speed
                                           (degrees)    (knots)     (n.m.)      (mins)     (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
----------------------------------------------------------------------------------------------------------------


[[Page 596]]

    3.8.4 When a tracked target, or own ship, has completed a manoeuvre, 
the system should present in a period of not more than one minute an 
indication of the target's motion trend, and display within three 
minutes the target's predicted motion in accordance with paragraphs 
3.4.7, 3.6, 3.8.2 and 3.8.3
    3.8.5 The ARPA should be designed in such a manner that under the 
most favorable conditions of own ship motion the error contribution from 
the ARPA should remain insignificant compared to the errors 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 any equipment 
providing sensor inputs. The connection of the ARPA to any other 
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 ARPA malfunction 
to enable the observer to monitor the proper operation of the system. 
Additionally test programmes should be available so that the overall 
performance of ARPA can be assessed periodically against a known 
solution.
    3.11 Equipment used with ARPA
    3.11.1 Log and speed indicators providing inputs to ARPA equipment 
should be capable of providing the ship's speed through the water.

 Annex 1 to Appendix A to Sec. 164.38--Definitions of Terms To Be Used 
           Only in Connection With ARPA Performance Standards

    Relative course--The direction of motion of a target related to own 
ship as deduced from a number of measurements of its range and bearing 
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 on the 
radar.
    True course--The apparent heading of a target obtained by the 
vectorial combination of the target's relative motion and ship's own 
motion \1\. Expressed as an angular distance from North.
---------------------------------------------------------------------------

    \1\ For the purpose of these definitions there is no need to 
distinguish between sea or ground stabilization.
---------------------------------------------------------------------------

    True speed--The speed of a target obtained by the vectorial 
combination of its relative motion and own ship's motion \1\.
    Bearing--The direction of one terrestrial point from another. 
Expressed as an angular distance from North.
    Relative motion display--The position of own ship on such a display 
remains fixed.
    True motion display--The position of own ship on such display moves 
in accordance with its own motion.
    Azimuth stabilization--Own ship's compass information is fed to the 
display so that echoes of targets on the display will not be caused to 
smear by changes of own ship's heading.
/North-up--The line connecting the center with the top of this display 
          is North.
/Head-up--The line connecting the center with the top of the display is 
          own ship heading.
/Course-up--An intended course can be set to the line connecting the 
          center with the top of the display.
    Heading--The direction in which the bow of a vessel is pointing. 
Expressed as an angular distance from North.
    Target's predicted motion--The indication on the display of a liner 
extrapolation into the future of a target's motion, based on 
measurements of the target's range and bearing on the radar in the 
recent past.
    Target's motion trend--An early indication of the target's predicted 
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 a tracking 
procedure and the initiation of their tracking.
    Tracking--The process of observing the sequential changes in the 
position of a target, to establish its motion.
    Display--The plan position presentation of ARPA data with radar 
data.
    Manual--An activity which a radar observer performs, possibly with 
assistance from a machine.
    Automatic--An activity which is performed wholly by a machine.

      Annex 2 to Appendix A to Sec. 164.38--Operational Scenarios

    For each of the following scenarios predictions are made at the 
target position defined after previously tracking for the appropriate 
time 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]

[[Page 597]]

    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--Sensor Errors

    The accuracy figures quoted in paragraph 3.8 are based upon the 
following sensor errors and are appropriate to equipment complying with 
the Organization's performance standards for shipborne navigational 
equipment. \2\
---------------------------------------------------------------------------

    \2\ In calculations leading to the accuracy figures quoted in 
paragraph 3.8, these sensor error sources and magnitudes were used. They 
were arrived at during discussions with national government agencies and 
equipment manufacturers and are appropriate to equipments complying with 
the Organization's draft performance standards for radar equipment 
(preliminary) (NAV XXII/WP.14), gyro compasses (NAV XXI/9, Annex X) and 
logs (preliminary) (NAV XXII/WP.15).
    Independent studies carried out by national government agencies and 
equipment manufacturers have resulted in similar accuracies, where 
comparisons 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)
    Across beam of target o = 1 m. (normal distribution)
    Roll-Pitch Bearing. The bearing error will peak in each of the four 
quadrants around own ship for targets on relative bearings of 045[deg], 
135[deg], 225[deg] and 315[deg] and will be zero at relative bearings of 
0[deg], 90[deg], 180[deg] and 270[deg]. This error has a sinusoidal 
variation at twice the roll frequency. For a 10[deg] roll the mean error 
is 0.22[deg] with a 0.22[deg] peak sine wave superimposed.
    Beam shape--assumed normal distribution giving bearing error with o 
= 0.05.
    Pulse shape-- assumed normal distribution giving range error with o 
= 20 meters.
    Antenna backlash--assumed rectangular distribution giving 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 giving 
bearing 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. Maritime Administration Collision 
                     Avoidance System Specification

    A collision system designed as a supplement to both surface search 
navigational radars via interswitching shall be installed. The system 
shall provide unattended monitoring of all radar echoes and automatic 
audio and visual alarm signals that will alert the watch officer of a 
possible threat. The display shall be contained within a console capable 
of being installed adjacent to the radar displays in the wheelhouse 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 having failed, 
must not introduce any spurious signals or otherwise degrade the 
performance of the radars, the gyro compass or the speed log.
    Computer generated display data for each acquired target shall be in 
the form of a line or vector indicating true or relative target course, 
speed and both present and extrapolated future positions. Data shall be 
automatically displayed on a cathode ray tube or other suitable display 
contrivance sufficiently bright and unobstructed to permit viewing by 
more than one person at a time.
    In addition to displaying the collision potential of the most 
threatening fixed and moving targets, the system shall be capable of 
simultaneously showing land masses.
    The system display shall include a heading indication and bearing 
ring. The system shall also have the capability of allowing the operator 
to select ``head-up'' and to cancel the vector or line presentation of 
any of the targets. The presentation shall be non-smearing when changing 
modes or display

[[Page 598]]

scales in order to permit rapid 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 by a 
preset minimum range; and likewise for any automatic acquisition system 
the alarms shall be initiated by a preset minimum acceptable passing 
distance (CPA--Closest Point of Approach) and a preset advance warning 
time (TCPA--Time to Closest Point of Approach). Means shall be provided 
to silence the audio alarm for a given threat but the alarm shall 
resound upon a subsequent threat. The visual alarm shall continue to 
operate until all threats have been eliminated. If the collision 
avoidance system fails to perform as indicated above, after the system 
is set for unattended monitoring, the system shall produce 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 shall be 
provided which can present range, bearing, course, speed, CPA and TCPA 
for any selected target, either on the target display or by other 
display means.
    The collision avoidance system shall be energized from the interior 
communications panel board in the wheelhouse.
    The collision avoidance function may be incorporated in an 
integrated conning system, provided that failure of any other integrated 
system component will not degrade the collision avoidance function.

[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 gross tons 
or more, except a public vessel, that--
    (1) Transfers oil at a port or place subject to the jurisdiction of 
the United States; or
    (2) Otherwise enters or operates in the navigable waters of the 
United States, except a vessel described by Sec. 164.02 of this part.
    (b) Definitions. The terms used in this section are as follows:
    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 is laid 
or which is at a similar stage of construction on or after January 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 or after 
June 1, 1979; or construction of which was begun on or after January 1, 
1980, or completed on or after June 1, 1982.
    Public vessel, oil, hazardous materials, and foreign vessel mean the 
same as in 46 U.S.C. 2101.
    SOLAS 74 means the International Convention for the Safety of Life 
at Sea, 1974, as amended.
    Tanker means a self-propelled vessel defined as a tanker by 46 
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, must meet 
the applicable requirements of Chapter II-1, Regulations 29 and 30, of 
SOLAS 74.
    (d) Each tanker constructed before September 1, 1984, must meet the 
requirements of Chapter II-1, Regulation 29.19, of SOLAS 74.
    (e) Each tanker of 40,000 gross tons or more, constructed before 
September 1, 1984, that does not meet the single-failure criterion of 
Chapter II-1, Regulation 29.16, of SOLAS 74, must meet the requirements 
of Chapter II-1, Regulation 29.20, of SOLAS 74.
    (f) Each tanker constructed before September 1, 1984, must meet the 
applicable requirements of Chapter II-1, Regulations 29.14 and 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 Radar 
Plotting Aid (ARPA) under Sec. 164.38 of this part must be fitted with 
a device to indicate speed and distance of the vessel either 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 or 
night.
    (2) Errors in the indicated speed, when the vessel is operating free 
from shallow water effect, and from the effects of wind, current, and 
tide, should not exceed 5 percent of the speed of the

[[Page 599]]

vessel, or 0.5 knot, whichever is greater.
    (3) Errors in the indicated distance run, when the vessel is 
operating free from shallow water effect, and from the effects of wind, 
current, and tide, should not exceed 5 percent of the distance run 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 by USCG-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 United States, 
including Alaska south of Cape Prince of Wales, except each vessel 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 Technical 
Commission for Marine Services (RTCM) Paper 12-78/DO-100 dated December 
20, 1977, entitled ``Minimum Performance Standards (MPS) Marine Loran-C 
Receiving Equipment''. Each receiver installed must be labeled with the 
information required under paragraph (b) of this section.
    (2) A satellite navigation receiver with:
    (i) Automatic acquisition of satellite signals after initial 
operator settings have been entered; and
    (ii) Position updates derived from satellite information during each 
usable satellite pass.
    (3) A system that is found by the Commandant to meet the intent of 
the statements of availability, coverage, and accuracy for the U.S. 
Coastal Confluence Zone (CCZ) contained in the U.S. ``Federal 
Radionavigation Plan'' (Report No. DOD-NO 4650.4-P, I or No. DOT-TSC-
RSPA-80-16, I). A person desiring a finding by the Commandant under this 
subparagraph must submit a written application describing the device to 
the Assistant Commandant for Operations, (CG-3), 2100 2nd St. SW., Stop 
7238, Washington, DC 20593-7238. After reviewing the application, the 
Commandant may request additional information to establish whether or 
not the device meets the intent of the Federal Radionavigation Plan.

    Note: The Federal Radionavigation Plan is available from the 
National Technical Information Service, Springfield, Va. 22161, with the 
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 section must 
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-C Receiving 
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 by CGD 88-052, 53 FR 
25122, July 1, 1988; CGD 96-026, 61 FR 33669, June 28, 1996; CGD 97-023, 
62 FR 33365, June 19, 1997; USCG-1998-3799, 63 FR 35532, June 30, 1998; 
USCG-2010-0351, 75 FR 36287, June 25, 2010]



Sec. 164.42  Rate of turn indicator.

    Each vessel of 100,000 gross tons or more constructed on or after 
September 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--Prince William Sound.

    (a) Until December 31, 2004, each vessel required to provide 
automated position reports to a Vessel Traffic Service (VTS) under Sec. 
165.1704 of this subchapter must do so by an installed Automatic 
Identification System Shipborne Equipment (AISSE) system consisting of 
a:
    (1) Twelve-channel all-in-view Differential Global Positioning 
System (dGPS) receiver;
    (2) Marine band Non-Directional Beacon receiver capable of receiving 
dGPS error correction messages;

[[Page 600]]

    (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 the 
time of the position using Universal Coordinated Time (UTC);
    (2) Fully use the broadcast type 1, 2, 3, 5, 6, 7, 9, and 16 
messages, as specified in RTCM Recommended Standards for Differential 
NAVSTAR GPS Service in determining the required information;
    (3) Achieve a position error which is less than ten meters (32.8 
feet) 2 distance root mean square (2 drms) from the true North American 
Datum of 1983 (NAD 83) in the position information transmitted to a VTS;
    (4) Achieve a course error of less than 0.5 degrees from true course 
over ground in the course information transmitted to a VTS;
    (5) Achieve a speed error of less than 0.05 knots from true speed 
over ground in the speed information transmitted to a VTS;
    (6) Receive and comply with commands broadcast from a VTS as DSC 
messages on the designated DSC frequency;
    (7) Receive and comply with RTCM messages broadcast as minimum shift 
keying modulated medium frequency signals in the marine radiobeacon 
band, and supply the messages to the dGPS receiver;
    (8) Transmit the vessel's position, tagged with the UTC at position 
solution, course over ground, speed over ground, and Lloyd's 
identification number to a VTS;
    (9) Display a visual alarm to indicate to shipboard personnel when a 
failure to receive or utilize the RTCM messages occurs;
    (10) Display a separate visual alarm which is triggered by a VTS 
utilizing a DSC message to indicate to shipboard personnel that the U.S. 
Coast Guard dGPS system cannot provide the required error correction 
messages; and
    (11) Display two RTCM type 16 messages, one of which must display 
the position error in the position error broadcast.
    (c) An AISSE is considered non-operational if it fails to meet the 
requirements of paragraph (b) of this section.

    Note: Vessel Traffic Service (VTS) areas and operating procedures 
are set forth in part 161 of this chapter.

[CGD 90-020, 59 FR 36334, July 15, 1994, as amended by CGD 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, other than 
passenger and fishing vessels, in commercial service and on an 
international voyage, not later than December 31, 2004.
    (2) Notwithstanding paragraph (a)(1) of this section, the following, 
self-propelled vessels, that are on an international voyage must also 
comply with SOLAS, as amended, Chapter V, regulation 19.2.1.6, 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 later than 
July 1, 2003;
    (ii) Tankers, regardless of tonnage, not later than the first safety 
survey for safety equipment on or after July 1, 2003;
    (iii) Vessels, other than passenger vessels or tankers, of 50,000 
gross tonnage or more, not later than July 1, 2004; and
    (iv) Vessels, other than passenger vessels or tankers, of 300 gross 
tonnage or more but less than 50,000 gross tonnage, not later than 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 table 
161.12(c) of Sec. 161.12 of this chapter, not later than December 31, 
2004:
    (i) Self-propelled vessels of 65 feet or more in length, other than 
fishing vessels and passenger vessels certificated to carry less than 
151 passengers-for-hire, in commercial service;

[[Page 601]]

    (ii) Towing vessels of 26 feet or more in length and more than 600 
horsepower, in commercial service;
    (iii) Passenger vessels certificated to carry more than 150 
passengers-for-hire.

    Note to Sec. 164.46(a): ``Properly installed'' refers to an 
installation using the guidelines set forth in IMO SN/Circ.227 
(incorporated by reference, see Sec. 164.03). Not all AIS units are 
able to broadcast position, course, and speed without the input of an 
external positioning device (e.g. dGPS); the use of other external 
devices (e.g. transmitting heading device, gyro, rate of turn indicator) 
is highly recommended, however, not required except as stated in Sec. 
164.46(a)(2). ``Type approved'' refers to an approval by an IMO 
recognized Administration as to comply with IMO Resolution MSC.74(69), 
ITU-R Recommendation M.1371-1, and IEC 61993-2 (Incorporated by 
reference, see Sec. 164.03). ``Length'' refers to ``registered length'' 
as defined in 46 CFR part 69. ``Gross tonnage'' refers to tonnage as 
defined under the International Convention on Tonnage Measurement of 
Ships, 1969.

    (b) The requirements for Vessel Bridge-to-Bridge radiotelephones in 
Sec. Sec. 26.04(a) and (c), 26.05, 26.06 and 26.07 of this chapter also 
apply to AIS. The term ``effective operating condition'' used in Sec. 
26.06 of this chapter includes accurate input and upkeep of AIS data 
fields.
    (c) The use of a portable AIS is permissible only to the extent that 
electromagnetic interference does not affect the proper function of 
existing navigation and communication equipment on board and such that 
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 an 
international voyage, must be available for pilot use, easily accessible 
from the primary conning position of the vessel, and near a 120 Volt, AC 
power, 3-prong receptacle.

[USCG-2003-14757, 68 FR 60569, Oct. 22, 2003]



Sec. 164.51  Deviations from rules: Emergency.

    Except for the requirements of Sec. 164.53(b), in an emergency, any 
person may deviate from any rule in this part to the extent necessary to 
avoid endangering persons, property, or the environment.

[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 stops 
operating properly, the person directing the movement of the vessel may 
continue to the next port of call, subject to the directions of the 
District Commander or the Captain of the Port, as provided by part 160 
of this chapter.
    (b) If the vessel's radar, radio navigation receivers, gyrocompass, 
echo depth sounding device, or primary steering gear stops operating 
properly, the person directing the movement of the vessel must report or 
cause to be reported that it is not operating properly to the nearest 
Captain of the Port, District Commander, or, if participating in a 
Vessel Traffic Service, to the Vessel Traffic Center, 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 citations affecting Sec. 
164.53, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume 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 a 
deviation from any rule in this part if he determines that the deviation 
does not impair the safe navigation of the vessel under anticipated 
conditions and will not result in a violation of the rules for 
preventing collisions at sea. The authorization may be issued for 
vessels operating in the waters under the jurisdiction of the Captain of 
the Port for any continuing operation or period of time the Captain of 
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 46 CFR 
4.03-1, the master or person in charge of the vessel shall:
    (a) Ensure compliance with 46 CFR Subpart 4.05, ``Notice of Marine 
Casualty and Voyage Records;'' and

[[Page 602]]

    (b) Ensure that the voyage records required by 46 CFR 4.05-15 are 
retained for:
    (1) 30 days after the casualty if the vessel remains in the 
navigable waters of the United States; or
    (2) 30 days after the return of the vessel to a United States port 
if the vessel departs the navigable waters of the United States within 
30 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, the term--
    Current edition means the most recent published version of a 
publication, chart, or map required by Sec. 164.72.
    Currently corrected edition means a current or previous edition of a 
publication required by Sec. 164.72, corrected with changes that come 
from Notices to Mariners (NTMs) or Notices to Navigation reasonably 
available and that apply to the vessel's transit. Hand-annotated river 
maps from the U.S. Army Corps of Engineers (ACOE) are currently 
corrected editions if issued within the previous 5 years.
    Great Lakes means the Great Lakes and their connecting and tributary 
waters including the Calumet River as far as the Thomas J. O'Brien Lock 
and Controlling Works (between miles 326 and 327), the Chicago River as 
far as the east side of the Ashland Avenue Bridge (between miles 321 and 
322), and the Saint Lawrence River as far east as the lower exit of 
Saint Lambert Lock.
    Merchant mariner credential or MMC means the credential issued by 
the Coast Guard under 46 CFR part 10. It combines the individual 
merchant mariner's document, license, and certificate of registry 
enumerated in 46 U.S.C. subtitle II part E as well as the STCW 
endorsement into a single credential that serves as the mariner's 
qualification document, certificate of identification, and certificate 
of service.
    Swing-meter means an electronic or electric device that indicates 
the rate of turn of the vessel on board which it is installed.
    Towing vessel means a commercial vessel engaged in or intending to 
engage in pulling, pushing or hauling alongside, or any combination of 
pulling, pushing, or hauling alongside.
    Western Rivers means the Mississippi River, its tributaries, South 
Pass, and Southwest Pass, to the navigational-demarcation lines dividing 
the high seas from harbors, rivers, and other inland waters of the 
United States, and the Port Allen-Morgan City Alternative Route, and 
that part of the Atchafalaya River above its junction with the Port 
Allen-Morgan City Alternative Route including the Old River and the Red 
River and those waters specified by Sec. Sec. 89.25 and 89.27 of this 
chapter, and such other, similar waters as are designated by the COTP.

[CGD 94-020, 61 FR 35072, July 3, 1996, as amended by USCG-2006-24371, 
74 FR 11213, Mar. 16, 2009]



Sec. 164.72  Navigational-safety equipment, charts or maps, and publications 

required on towing vessels.

    (a) Except as provided by Sec. 164.01(b), each towing vessel must 
be equipped with the following navigational-safety equipment:
    (1) Marine radar. By August 2, 1997, a marine radar that meets the 
following applicable requirements:
    (i) For a vessel of less than 300 tons gross tonnage that engages in 
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 of 
Less Than 300 Tons Gross Tonnage, RTCM Paper 71-95/SC112-STD, Version 
1.1, display Category II and stabilization Category Bravo.
    (ii) For a vessel of less than 300 tons gross tonnage that engages 
in towing seaward of navigable waters of the U.S. or more than three 
nautical miles from shore on the Great Lakes, the radar must meet--
    (A) The requirements of the FCC specified by 47 CFR part 80; and
    (B) RTCM Standard for Marine Radar Equipment Installed on Ships of 
Less Than 300 Tons Gross Tonnage, RTCM Paper 71-95/SC112-STD, Version 
1.1, display Category I and stabilization Category Alpha.

[[Page 603]]

    (iii) For a vessel of 300 tons gross tonnage or more that engages in 
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 Equipment Installed 
on Ships of 300 Tons Gross Tonnage and Upwards, RTCM Paper 191-93/SC112-
X, Version 1.2 except the requirements for azimuth stabilization in 
paragraph 3.10.
    (iv) For a vessel of 300 tons gross tonnage or more that engages in 
towing seaward of navigable waters of the U.S. or more than three 
nautical miles from shore on the Great Lakes, the radar must meet--
    (A) The requirements of the FCC specified by 47 CFR Part 80; and
    (B) RTCM Recommended Standards for Marine Radar Equipment Installed 
on Ships of 300 Tons Gross Tonnage and Upwards, RTCM Paper 191-93/SC112-
X, Version 1.2.
    (v) A towing vessel with an existing radar must meet the applicable 
requirements of paragraphs (a)(1) (i) through (iv) of this section by 
August 2, 1998; except that a towing vessel with an existing radar must 
meet the display and stabilization requirements of paragraph 
(a)(1)(ii)(B) of this section by August 2, 2001.
    (2) Searchlight. A searchlight, directable from the vessel's main 
steering station and capable of illuminating objects at a distance of at 
least two times the length of the tow.
    (3) VHF-FM radio. An installation or multiple installations of VHF-
FM radios as prescribed by part 26 of this chapter and 47 CFR part 80, 
to maintain a continuous listening watch on the designated calling 
channel, VHF-FM Channel 13 (except on portions of the Lower Mississippi 
River, where VHF-FM Channel 67 is the designated calling channel), and 
to separately monitor the International Distress and Calling Channel, 
VHF-FM Channel 16, except when transmitting or receiving traffic on 
other VHF-FM channels or when participating in a Vessel Traffic Service 
(VTS) or monitoring a channel of a VTS. (Each U.S. towing vessel of 26 
feet (about 8 meters) or more in length, except a public vessel, must 
hold a ship-radio-station license for radio transmitters (including 
radar and EPIRBs), and each operator must hold a restricted operator's 
license or higher. To get an application for either license, call (800) 
418-FORM or (202) 418-FORM, or write to the FCC; Wireless Bureau, 
Licensing Division; 1270 Fairfield Road; Gettysburg, PA 17325-7245.)
    (4) Magnetic compass. Either--
    (i) An illuminated swing-meter or an illuminated card-type magnetic 
steering compass readable from the vessel's main steering station, if 
the vessel engages in towing exclusively on Western Rivers; or
    (ii) An illuminated card-type magnetic steering compass readable 
from the vessel's main steering station.
    (5) Echo depth-sounding device. By August 2, 2001, an echo depth-
sounding device readable from the vessel's main steering station, unless 
the vessel engages in towing exclusively on Western Rivers.
    (6) Electronic position-fixing device. An electronic position-fixing 
device, either a LORAN-C receiver or a satellite navigational system 
such as the Global Positioning System (GPS) as required by Sec. 164.41, 
if the vessel engages in towing seaward of navigable waters of the U.S. 
or more than three nautical miles from shore on the Great Lakes.
    (b) Each towing vessel must carry on board and maintain the 
following:
    (1) Charts or maps. Marine charts or maps of the areas to be 
transited, published by the National Ocean Service (NOS), the ACOE, or a 
river authority that satisfy the following requirements:
    (i) The charts or maps must be of a large enough scale and have 
enough 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 the vessel 
engages in towing exclusively on navigable waters of the U.S., including 
Western Rivers; or
    (B) Currently corrected editions, if the vessel engages in towing 
seaward of navigable waters of the U.S. or more than three nautical 
miles from shore on the Great Lakes.

[[Page 604]]

    (iii) The charts or maps may be, instead of charts or maps required 
by paragraphs (b)(1) (i) and (ii) of this section, currently corrected 
marine charts or maps, or applicable extracts, published by a foreign 
government. These charts or maps, or applicable extracts, must contain 
information similar to that on the charts or maps required by paragraphs 
(b)(1) (i) and (ii) of this section, be of large enough scale, and have 
enough detail to make safe navigation of the areas possible, and must be 
currently corrected.
    (2) General publications. A currently corrected edition of, or an 
applicable currently corrected extract from, each of the following 
publications for the area to be transited:
    (i) If the vessel is engaged in towing exclusively on Western 
Rivers--
    (A) U.S. Coast Guard Light List;
    (B) Applicable Notices to Navigation published by the ACOE, or Local 
Notices to Mariners (LNMs) published by the Coast Guard, for the area to 
be transited, when available; and
    (C) River-current tables published by the ACOE or a river authority, 
if available.
    (ii) If the vessel is engaged other than in towing exclusively on 
Western Rivers--
    (A) Coast Guard Light List;
    (B) Notices to Mariners published by the National Imagery and 
Mapping Agency, or LNMs published by the Coast Guard;
    (C) Tidal-current tables published by private entities using data 
provided by the NOS, or river-current tables published by the ACOE or a 
river authority:
    (D) Tide tables published by private entities using data provided by 
the NOS; and
    (E) U.S. Coast Pilot.
    (c) Table 164.72, following, summarizes the navigational-safety 
equipment, charts or maps, and publications required for towing vessels 
of 12 meters or more in length engaged in towing:

   Table 164.72--Equipment, Charts or Maps, and Publications for Towing Vessels of 12 Meters or More in Length
----------------------------------------------------------------------------------------------------------------
                                                                                            Waters seaward of
                                                                 U.S. navigable waters    navigable waters and 3
                                            Western rivers         other than western     NM or more from shore
                                                                         rivers             on the Great Lakes
----------------------------------------------------------------------------------------------------------------
Marine Radar:
  Towing Vessels of Less Than 300 GT.  RTCM Paper 71-95/SC112-  RTCM Paper 71-95/SC112-  RTCM Paper 71-95/SC112-
                                        STD Version 1.1,         STD Version 1.1,         STD Version 1.1,
                                        Display Category II      Display Category II      Display Category I \2\
                                        \1\ Stabilization        \1\ Stabilization        Stabilization Category
                                        Category BRAVO.          Category BRAVO.          ALPHA.
  Towing Vessels of 300 GT or More...  RTCM Paper 191-93/SC112- RTCM Paper 191-93/SC112- RTCM Paper 191-93/SC112-
                                        X Version 1.2 (except    X Version 1.2 (except    X Version 1.2. \1\
                                        the Azmuth               the Azmuth
                                        stabilization            stabilization
                                        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 enough scale.  (1) Large enough scale.
                                       (2) Current edition or   (2) Current edition or   (2) Currently corrected
                                        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 to
                                        Navigation or Local      Mariners.                Mariners.
                                        Notices to Mariners.
                                       (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 this requirement by August 2, 1998.
\2\ Towing vessels with existing radar must meet this requirement by August 2, 1998 but do not need to meet the
  display and stabilization requirements until August 2, 2001.
\3\ A towing vessel may carry either a swing-meter or a magnetic compass.


[[Page 605]]


[CGD 94-020, 61 FR 35073, July 3, 1996, as amended by CGD 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; USCG-2010-0351, 75 FR 36287, June 
25, 2010]



Sec. 164.74  Towline and terminal gear for towing astern.

    (a) Towline. The owner, master, or operator of each vessel towing 
astern shall ensure that the strength of each towline is adequate for 
its intended service, considering at least the following factors:
    (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 expected 
during the intended service;
    (iii) Appropriate for the sea conditions expected during the 
intended service;
    (iv) Appropriate for exposure to the marine environment and to any 
chemicals used or carried on board the vessel;
    (v) Appropriate for the temperatures of normal stowage and service 
on 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 which the 
towline must have a thimble and either five wire clips or as many wire 
clips as the manufacturer specifies for the nominal diameter and 
construction of the towline, whichever is more.
    (3) The condition of each towline must be monitored through the--
    (i) Keeping on board the towing vessel or in company files of a 
record of the towline's initial minimum breaking strength as determined 
by the manufacturer, by a classification (``class'') society authorized 
in Sec. 157.04 of this chapter, or by a tensile test that meets API 
Specification 9A, Specification for Wire Rope, Section 3; ASTM D 4268 
(incorporated by reference, see Sec. 164.03), Standard Test 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, or 
operator of a vessel with the intent to use it as a towline or if it is 
retested for any reason, keeping on board the towing vessel or in 
company files of a record of each retest of the towline's minimum 
breaking strength as determined by a class society authorized in Sec. 
157.04 of this chapter or by a tensile test that meets API Specification 
9A, Section 3; ASTM D 4268 (incorporated by reference, see Sec. 164.03) 
or Cordage Institute CIA 3, Standard Test Methods;
    (iii) Conducting visual inspections of the towline in accordance 
with the manufacturer's recommendations, or at least monthly, and 
whenever the serviceability of the towline is in doubt (the inspections 
being conducted by the owner, master, or operator, or by a person on 
whom the owner, master, or operator confers the responsibility to take 
corrective measures appropriate for the use of the towline);
    (iv) Evaluating the serviceability of the whole towline or any part 
of the towline, and removing the whole or part from service either as 
recommended by the manufacturer or a class society authorized in Sec. 
157.04 of this chapter or in accordance with a replacement schedule 
developed by the owner, master, or operator 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, of the 
towline;
    (E) Amount of visible damage to the towline;
    (F) Amount of material deterioration indicated by measurements of 
diameter and, if applicable, measurements of lay extension of the 
towline; and
    (G) Point at which a tensile test proves the minimum breaking 
strength

[[Page 606]]

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 a 
record of the material condition of the towline when inspected under 
paragraphs (a)(3)(iii) and (iv) of this section. Once this record lapses 
for three months or more, except when a vessel is laid up or out of 
service or has not deployed its towline, the owner, master, or operator 
shall retest the towline or remove it from service.
    (b) Terminal gear. The owner, master, or operator of each vessel 
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 for 
the strength and anticipated loading of the towline and for the 
environment;
    (2) Each connection is secured by at least one nut with at least one 
cotter pin or other means of preventing its failure;
    (3) The lead of the towline is appropriate to prevent sharp bends in 
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 easily 
releases the towline;
    (5) The towline is protected from abrasion or chafing by chafing 
gear, lagging, or other means;
    (6) Except on board a vessel towing in ice on Western Rivers or one 
using a towline of synthetic or natural fiber, there is fitted a winch 
that evenly spools and tightly winds the towline; and
    (7) If a winch is fitted, there is attached to the main drum a brake 
that has holding power appropriate for the horsepower or bollard pull of 
the vessel and can be operated without power to the winch.

[CGD 94-020, 61 FR 35074, July 3, 1996, as amended by USCG-1999-5151, 64 
FR 67176, Dec. 1, 1999]



Sec. 164.76  Towline and terminal gear for towing alongside and pushing ahead.

    The owner, master, or operator of each vessel towing alongside or 
pushing ahead shall ensure that the face wires, spring lines, and push 
gear 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 shall 
ensure that each person directing and controlling the movement of the 
vessel--
    (1) Understands the arrangement of the tow and the effects of 
maneuvering on the vessel towing and on the vessel, barge, or object 
being towed;
    (2) Can fix the position of the vessel using installed navigational 
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 either to alert 
mariners to hazards to navigation or to indicate the orientation of a 
channel. They may not maintain exact charted positions, because strong 
or varying currents, heavy seas, ice, and collisions with vessels can 
move or sink them or set them adrift. Although they may corroborate a 
position fixed by other means, they cannot fix a position; however, if 
no other aids are available, buoys alone 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 a magnetic 
compass is fitted and where charts or maps have enough detail to 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,

[[Page 607]]

density of traffic, draft of tow, possibility of wake damage, 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 shall 
ensure that the tests and inspections required by Sec. 164.80 are 
conducted and that the results are entered in the log or other record 
carried on board.

[CGD 94-020, 61 FR 35075, July 3, 1996, as amended by USCG-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 less 
than 1,600 GT shall ensure that the following tests and inspections of 
gear occur before the vessel embarks on a voyage of more than 24 hours 
or when each new master or operator assumes command:
    (1) Steering-systems. A test of the steering-gear-control system; a 
test of the main steering gear from the alternative power supply, if 
installed; a verification of the rudder-angle indicator relative to the 
actual position of the rudder; and a visual inspection of the steering 
gear and its linkage.
    (2) Navigational equipment. A test of all installed navigational 
equipment.
    (3) Communications. Operation of all internal vessel control 
communications and vessel-control alarms, if installed.
    (4) Lights. Operation of all navigational lights and all 
searchlights.
    (5) Terminal gear. Visual inspection of tackle; of connections of 
bridle and towing pendant, if applicable; of chafing gear; and of the 
winch brake, if installed.
    (6) Propulsion systems. Visual inspection of the spaces for main 
propulsion machinery, of machinery, and of devices for monitoring 
machinery.
    (b) The owner, master, or operator of each towing vessel of 1,600 GT 
or more shall ensure that the following tests of equipment occur at the 
frequency required by Sec. 164.25 and that the following inspections of 
gear occur before the vessel embarks on a voyage of more than 24 hours 
or when each new master or operator assumes command:
    (1) Navigational equipment. Tests of onboard equipment as required 
by Sec. 164.25.
    (2) Terminal gear. Visual inspection of tackle; of connections of 
bridle and towing pendant, if applicable; of chafing gear; and of the 
winch brake, if installed.
    (c)(1) The voyage-planning requirements outlined in this section do 
not apply to you if your towing vessel is--
    (i) Used solely for any of the following services or any combination 
of these services--
    (A) Within a limited geographic area, such as a fleeting-area for 
barges or a commercial facility, and used for restricted service, such 
as 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, and 
operated by the United States Government or by a government of a foreign 
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 these 
voyage planning requirements for a specified route, you should submit a 
written request to the appropriate COTP. The COTP will provide you with 
a written response granting or denying your request.
    (3) If any part of a towing vessel's intended voyage is seaward of 
the baseline (i.e., the shoreward boundary) of the territorial sea 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 with the barge or 
barges is planned, taking into account all pertinent information before 
the vessel embarks on the voyage. The master must check the planned 
route for proximity to hazards before the voyage begins. During a 
voyage, if a decision is made to deviate substantially from the planned 
route, then the master or mate must plan the new route before deviating 
from the

[[Page 608]]

planned route. The voyage plan must follow company policy and consider 
the following (related requirements 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 for the port 
of departure, all ports of call, and the destination;
    (ii) Current and forecast weather, including visibility, wind, and 
sea state for the port of departure, all ports of call, and the 
destination (also see paragraphs (a)(7) of section 164.78 and (b) of 
section 164.82);
    (iii) Data on tides and currents for the port of departure, all 
ports 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, and berthing 
areas;
    (v) Pre-departure checklists;
    (vi) Calculated speed and estimated time of arrival at proposed 
waypoints;
    (vii) Communication contacts at any Vessel Traffic Services, 
bridges, and facilities, and any port-specific requirements for VHF 
radio;
    (viii) Any master's or operator's standing orders detailing closest 
points of approach, special conditions, and critical maneuvers; and
    (ix) Whether the towing vessel has sufficient power to control the 
tow under all foreseeable circumstances.

[CGD 94-020, 61 FR 35075, July 3, 1996, as amended by USCG-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 each towing 
vessel shall maintain operative the navigational-safety equipment 
required by Sec. 164.72.
    (b) Failure. If any of the navigational-safety equipment required by 
Sec. 164.72 fails during a voyage, the owner, master, or operator of 
the towing vessel shall exercise due diligence to repair it at the 
earliest practicable time. He or she shall enter its failure in the log 
or other record carried on board. The failure of equipment, in itself, 
does not constitute a violation of this rule; nor does it constitute 
unseaworthiness; nor does it obligate an owner, master, or operator to 
moor or anchor the vessel. However, the owner, master, or operator shall 
consider the state of the equipment--along with such factors as weather, 
visibility, traffic, and the dictates of good seamanship--in deciding 
whether it is safe for the vessel to proceed.
    (c) Reporting. The owner, master, or operator of each towing vessel 
whose equipment is inoperative or otherwise impaired while the vessel is 
operating within a Vessel Traffic Service (VTS) Area shall report the 
fact as required by 33 CFR 161.124. (33 CFR 161.124 requires that each 
user of a VTS report to the Vessel Traffic Center as soon as 
practicable:
    (1) Any absence or malfunction of vessel-operating equipment for 
navigational 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 or 
maps, or publications; and
    (3) Any characteristics of the vessel that affect or restrict the 
maneuverability of the vessel, such as arrangement of cargo, trim, 
loaded condition, under-keel clearance, and speed.)
    (d) Deviation and authorization. The owner, master, or operator of 
each towing vessel unable to repair within 96 hours an inoperative 
marine radar required by Sec. 164.72(a) shall so notify the Captain of 
the Port (COTP) and shall seek from the COTP both a deviation from the 
requirements of this section and an authorization for continued 
operation in the area to be transited. Failure of redundant 
navigational-safety equipment, including but not limited to failure of 
one of two installed radars, where each satisfies Sec. 164.72(a), does 
not necessitate either a deviation or an authorization.
    (1) The initial notice and request for a deviation and an 
authorization may be spoken, but the request must also be

[[Page 609]]

written. The written 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 a 
deviation and an authorization from any of the provisions of Sec. Sec. 
164.70 through 164.82 for a specified time if he or she decides that 
they would not impair the safe navigation of the vessel under 
anticipated conditions.

[CGD 94-020, 61 FR 35075, July 3, 1996]



PART 165_REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS--Table of 

Contents



                            Subpart A_General

Sec.
165.1 Purpose of part.
165.3 Definitions.
165.5 Establishment procedures.
165.7 Notification.
165.8 Geographic coordinates.
165.9 Geographic application of limited and controlled access areas and 
          regulated navigation areas.

                  Subpart B_Regulated Navigation Areas

165.10 Regulated navigation areas.
165.11 Vessel operating requirements (regulations).
165.13 General regulations.

                         Subpart C_Safety Zones

165.20 Safety zones.
165.23 General regulations

                        Subpart D_Security Zones

165.30 Security zones.
165.33 General regulations.

                  Subpart E_Restricted Waterfront Areas

165.40 Restricted waterfront areas.

 Subpart F_Specific Regulated Navigation Areas and Limited Access Areas

                       First Coast Guard District

165.T01-0176 Regulated Navigation Area; Lake Champlain Bridge 
          Construction, Crown Point, New York and Chimney Point, 
          Vermont.
165.T01-0239 Safety zones; Marine events within the Captain of the Port 
          Sector Northern New England area of responsibility.
165.T01-0315 Safety zones; Marine Events within the Captain of the Port 
          Sector Northern New England Area of Responsibility, July 
          through September.
165.T01-0519 Safety zone; ship repair in Penobscot Bay, ME.
165.T01-0542 Safety zones: Neptune Deepwater Port, Atlantic Ocean, 
          Boston, MA.
165.100 Regulated Navigation Area: Navigable waters within the First 
          Coast Guard District.
165.101 Kittery, Maine--regulated navigation area.
165.102 Security Zone: Walkers Point, Kennebunkport, ME.
165.103 Safety and Security Zones; LPG Vessel Transits in Portland, 
          Maine, Captain of the Port Zone, Portsmouth Harbor, 
          Portsmouth, New Hampshire.
165.104 Safety Zone: Vessel Launches, Bath Iron Works, Kennebec River, 
          Bath, Maine.
165.105 Security Zones; Passenger Vessels, Portland, Maine, Captain of 
          the Port Zone.
165.106 Security Zone: Seabrook Nuclear Power Plant, Seabrook, New 
          Hampshire.
165.110 Safety and Security Zone; Liquefied Natural Gas Carrier Transits 
          and Anchorage Operations, Boston, Massachusetts.
165.111 Safety Zone: Boston Harbor, Boston, Massachusetts.
165.112 Safety Zone: USS CASSIN YOUNG, Boston, Massachusetts.
165.113 Security Zone: Dignitary arrival/departure Logan International 
          Airport, Boston, MA.
165.114 Safety and Security Zones: Escorted Vessels--Boston Harbor, 
          Massachusetts.
165.115 Safety and Security Zones; Pilgrim Nuclear Power Plant, 
          Plymouth, Massachusetts.
165.116 Safety and Security Zones; Salem and Boston Harbors, 
          Massachusetts.
165.117 Regulated Navigation Areas, Safety and Security Zones: 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 Regulated Navigation Area: Navigable waters within Narragansett 
          Bay and the Providence River, Rhode Island.
165.130 Sandy Hook Bay, New Jersey--security zone.
165.140 New London Harbor, Connecticut--security zone.
165.141 Safety Zone: Sunken vessel EMPIRE KNIGHT, Boon Island, ME.
165.150 New Haven Harbor, Quinnipiac River, Mill River.
165.151 Safety Zones; Long Island Sound annual fireworks displays.

[[Page 610]]

165.152 Coast Guard Station Fire Island, Long Island, New York--safety 
          zone.
165.153 Regulated Navigation Area: Long Island Sound Marine Inspection 
          and Captain of the Port Zone.
165.154 Safety and Security Zones: Long Island Sound Marine Inspection 
          Zone and Captain of the Port Zone.
165.155 Northville Industries Offshore Platform, Riverhead, Long Island, 
          New York--safety zone.
165.156 Regulated Navigation Area: East Rockaway Inlet to Atlantic Beach 
          Bridge, Nassau County, Long Island, New York.
165.158 Safety Zone: Patchogue Grand Prix, Patchogue Bay, Patchogue, NY.
165.161 Safety zones: Coast Guard Captain of the Port New York annual 
          fireworks displays.
165.162 Safety Zone: New York Super Boat Race, Hudson River, New York.
165.163 Safety Zones; Port of New York/New Jersey Fleet Week.
165.164 Security Zones: Dignitary Arrival/Departure and United Nations 
          Meetings, New York, NY.
165.166 Safety zone: Macy's July 4th Fireworks, East River, NY.
165.168 Safety Zones; Coast Guard Captain of the Port New York Fireworks 
          Displays.
165.169 Safety and Security Zones: New York Marine Inspection Zone and 
          Captain of the Port Zone.
165.170 Safety Zone: Triathlon, Ulster, Landing, Hudson River, NY.
165.202 [Reserved]

                       Fifth Coast Guard District

165.T05-0091 Safety Zone; Alligator River, NC.
165.500 Safety/Security Zones; Chesapeake Bay, Maryland.
165.501 Chesapeake Bay entrance and Hampton Roads, VA and adjacent 
          waters--Regulated Navigation Area.
165.502 Safety and Security Zone; Cove Point Liquefied Natural Gas 
          Terminal, Chesapeake Bay, Maryland.
165.503 Security Zone; Captain of the Port Hampton Roads Zone.
165.504 Newport News Shipbuilding and Dry Dock Company Shipyard, James 
          River, Newport News, Va.
165.505 Security Zone; Calvert Cliffs Nuclear Power Plant, Chesapeake 
          Bay, Calvert County, Maryland.
165.506 Safety Zones; Fifth Coast Guard District Fireworks Displays.
165.507 Security Zone; Chesapeake Bay, between Sandy Point and 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 River and 
          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 Inner Harbors, 
          Baltimore, MD.
165.514 Safety Zone: Atlantic Intracoastal Waterway and connecting 
          waters, vicinity of Marine Corps Base Camp Lejeune, North 
          Carolina.
165.515 Safety Zone: Cape Fear River, Wilmington, North Carolina.
165.518 Security Zone; Waters of the Fifth Coast Guard District.
165.530 Safety Zone: Cape Fear and Northeast Cape Fear Rivers, NC.
165.535 Safety Zone: Atlantic Ocean, Vicinity of Cape Henlopen State 
          Park, Delaware.
165.540 Regulated Navigation Area; Cape Fear River, Northeast Cape Fear 
          River, Wilmington, North Carolina
165.552 Security Zone; Oyster Creek Generation Station, Forked River, 
          Ocean County, New Jersey.
165.553 Security Zone; Salem and Hope Creek Generation Stations, 
          Delaware River, Salem County, New Jersey.
165.554 Security Zone; Three Mile Island Generating Station, Susquehanna 
          River, Dauphin County, Pennsylvania.
165.555 Safety Zone; Delaware River.
165.556 Regulated Navigation Area; Chesapeake and Delaware Canal, 
          Chesapeake City Anchorage Basin, MD.

                      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 Cooper River, 
          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.

[[Page 611]]

165.730 King's Bay, Georgia--Regulated navigation area.
165.731 Safety/Security Zone: Cumberland Sound, Georgia and St. Marys 
          River Entrance Channel.
165.749 Security Zone: Escorted Vessels, Savannah, Georgia, Captain of 
          the Port Zone.
165.751 Security Zone: LNG mooring slip, Savannah River, Savannah, 
          Georgia.
165.752 Sparkman Channel, Tampa, Florida--regulated navigation area.
165.753 Regulated navigation area; Tampa Bay, Florida.
165.754 Safety Zone: San Juan Harbor, San Juan, PR.
165.755 Safety Zone: Guayanilla, Puerto Rico
165.756 Regulated Navigation Area; Savannah River, Georgia.
165.757 Safety Zones; Ports of Ponce, Tallaboa, and Guayanilla, Puerto 
          Rico and Limetree Bay, St. Croix, U.S.V.I.
165.758 Security Zone; San Juan, Puerto Rico.
165.759 Security Zones; Ports of Jacksonville, Fernandina, and 
          Canaveral, Florida.
165.760 Security Zones; Tampa Bay, Port of Tampa, Port of Saint 
          Petersburg, Port Manatee, Rattlesnake, Old Port Tampa, Big 
          Bend, Weedon Island, and Crystal River, Florida.
165.761 Security Zones; Port of Palm Beach, Port Everglades, Port of 
          Miami, and Port of Key West, Florida.
165.762 Security Zone; St. Thomas, U.S. Virgin Islands.
165.763 Moving and Fixed Security Zone, Port of Fredericksted, 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.
165.769 Security Zone; Escorted Vessels, Charleston, South Carolina, 
          Captain of the Port Zone
165.770 Security Zone: HOVENSA Refinery, St. Croix, U.S. Virgin Islands.
165.771 Safety Zone; Bahia de Ponce, Puerto Rico
165.773 Security Zone; Escorted Vessels in Captain of the Port Zone 
          Jacksonville, Florida.
165.775 Safety Zone; Captain of the Port Zone Jacksonville; Offshore 
          Cape Canaveral, Florida.
165.776 Security Zone; Coast Guard Base San Juan, San Juan Harbor, 
          Puerto Rico
165.777 Security Zone; West Basin, Port Canaveral Harbor, Cape 
          Canaveral, Florida.
165.778 Security Zone; Port of Mayaguez, Puerto Rico.

                       Eighth Coast Guard District

165.T08-290 Safety Zone; Gulf of Mexico--Johns Pass, Florida.
165.802 Lower Mississippi River, vicinity of Old River Control 
          Structure--Safety Zone.
165.803 Mississippi River--regulated navigation area.
165.804 Snake Island, Texas City, Texas; mooring and fleeting of 
          vessels--safety zone.
165.805 Security Zones; Calcasieu River and Ship Channel, Louisiana.
165.806 Sabine Neches Waterway, Texas--regulated navigation area.
165.807 Calcasieu River, Louisiana--regulated navigation area.
165.808 Corpus Christi Ship Channel, Corpus Christi, TX, safety zone.
165.809 Security Zones; Port of Port Lavaca-Point Comfort, Point 
          Comfort, TX and Port of Corpus Christi Inner Harbor, Corpus 
          Christi, TX.
165.810 Mississippi River, LA-regulated navigation area.
165.811 Atchafalaya River, Berwick Bay, LA-regulated navigation area.
165.812 Security Zones; Lower Mississippi River, Southwest Pass Sea Buoy 
          to Mile Marker 96.0, New Orleans, LA.
165.813 Security Zones; Ports of Houston and Galveston, TX.
165.814 Security Zones; Captain of the Port Houston-Galveston Zone.
165.815 Ohio River at Louisville, KY; regulated navigation area.
165.817 Arkansas River, Mile 118.2 to 125.4, Little Rock Arkansas--
          regulated navigation area.
165.818 Moving Security Zones, for certain vessels in Freeport Entrance 
          Channel, Freeport, Texas.
165.820 Security Zone; Ohio River, Mile 34.6 to 35.1, Shippingport, 
          Pennsylvania.
165.821 Ohio River at Cincinnati, OH; regulated navigation area.
165.825 Security Zones; Captain of the Port St. Louis, Missouri.
165.830 Regulated Navigation Area; Reporting Requirements for Barges 
          Loaded with Certain Dangerous Cargoes, Inland Rivers, Eighth 
          Coast Guard District.
165.835 Security Zone; Port of Mobile, Mobile Ship Channel, Mobile, AL.
165.836 Security Zone; Escorted Vessels, Mobile, Alabama, Captain of the 
          Port.
165.837 Safety Zone; Invista Inc Facility Docks, Victoria Barge Canal, 
          Victoria, Texas.
165.838 Regulated Navigation Area; New Orleans Area of Responsibility, 
          New Orleans, LA.

[[Page 612]]

                       Ninth Coast Guard District

165.T09-0073 Safety and Security Zones; Tall Ships Challenge 2010; Great 
          Lakes; Cleveland, OH; Bay City, MI; Duluth, MN; Green Bay, WI; 
          Sturgeon Bay, WI; Chicago, IL; Erie, PA.
165.T09-0124 Safety Zone; St. Louis River, Tallas Island, Duluth, MN.
165.T09-0166 Safety Zone, Brandon Road Lock and Dam to Lake Michigan 
          including Des Plaines River, Chicago Sanitary and Ship Canal, 
          Chicago River, and Calumet-Saganashkee Channel, Chicago, IL.
165.T09-0290 Safety Zones; Blasting Operations and Movement of 
          Explosives, St. Marys River, Sault Sainte Marie, MI.
165.T09-0333 Safety zone; Marathon Oil Refinery construction, Rouge 
          River, Detroit, MI.
165.T09-0452 Safety Zone; Festivals & Fireworks Celebration, East Moran 
          Bay, Lake Huron, St. Ignace, MI.
165.T09-1080 Safety Zone and Regulated Navigation Area, Chicago Sanitary 
          and Ship Canal, Romeoville, IL.
165.901 Great Lakes--regulated navigation areas.
165.902 Niagara River at Niagara Falls, New York--safety zone.
165.903 Safety Zones: Cuyahoga River and Old River, Cleveland, OH.
165.904 Lake Michigan at Chicago Harbor & Burnham Park Harbor--Safety 
          and Security Zone.
165.905 USX Superfund Site Safety Zones: St. Louis River.
165.906 Lakeside Yacht Club in Cleveland Harbor, Cleveland, OH--
          regulated navigation areas.
165.907 [Reserved]
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 Requirements for Barges 
          Loaded with Certain Dangerous Cargoes, Illinois Waterway 
          System located within the Ninth Coast Guard District.
165.923 Regulated Navigation Area between mile markers 296.1 and 296.7 
          of the Chicago Sanitary and Ship Canal located near 
          Romeoville, IL.
165.927 Safety Zone; St. Louis River, Duluth/Interlake Tar Remediation 
          Site, Duluth, MN.
165.928 Security Zone; Mackinac Bridge, Straits of Mackinac, Michigan.
165.929 Safety Zones; Annual events requiring safety zones in 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 Captain of the Port 
          Buffalo Zone.
165.941 Safety Zones; Annual Fireworks Events in the Captain of the Port 
          Detroit Zone.

                      Eleventh Coast Guard District

165.T11-281 Safety Zone; Lake Mead Intake Construction; Lake Mead, 
          Boulder City, NV.
165.T11-304 Safety zone; Sea World Summer Nights Fireworks; Mission Bay, 
          San Diego, California.
165.1101 Security Zone: San Diego Bay, CA.
165.1102 Security Zone; Naval Base Point Loma; San Diego Bay, San Diego, 
          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 their Approaches--Regulated 
          navigation area.
165.1131 Security Zone: Wilson Cove, San Clemente Island, California.
165.1141 Safety Zone; San Clemente 3 NM Safety Zone, San Clemente 
          Island, CA.
165.1151 Security Zones; liquefied hazardous gas tank vessels, San Pedro 
          Bay, California.
165.1152 San Pedro Bay, California--Regulated navigation area.
165.1154 Security Zones; Cruise Ships, San Pedro Bay, California.
165.1155 Security Zone; Diablo Canyon Nuclear Power Plant, Avila Beach, 
          California.
165.1156 Safety Zone; Offshore Marine Terminal, El Segundo, CA.
165.1171 Copper Canyon, Lake Havasu, Colorado River--Regulated 
          Navigation Area.

[[Page 613]]

165.1181 San Francisco Bay Region, California--regulated navigation 
          area.
165.1182 Safety/Security Zone: San Francisco Bay, San Pablo Bay, 
          Carquinez Strait, and Suisun Bay, CA.
165.1183 Security Zones; Cruise Ships, Tankers and High Interest 
          Vessels, San Francisco Bay and Delta Ports, Monterey Bay and 
          Humboldt Bay, California.
165.1185 Regulated Navigation Area; San Francisco Bay, San Pablo Bay, 
          Carquinez Strait, Suisun Bay, Sacramento River, San Joaquin 
          River, and connecting waters in California.
165.1187 Security Zones; Golden Gate Bridge and the San Francisco-
          Oakland Bay Bridge, San Francisco Bay, California.
165.1190 Security Zone; San Francisco Bay, Oakland Estuary, Alameda, CA.
165.1191 Safety zones: Northern California annual fireworks events.
165.1192 Security Zones; Waters surrounding San Francisco International 
          Airport and Oakland International Airport, San Francisco Bay, 
          California.
165.1195 Regulated Navigation Area; Humboldt Bay Bar Channel and 
          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.T13-137 Safety Zone; North Jetty, named the Barview Jetty, Tillamook 
          Bay, OR.
165.T13-149 Safety Zone; McNary-John Day Transmission Line Project, 
          Columbia River, Hermiston, OR.
165.1301 Puget Sound and Adjacent Waters in Northwestern Washington--
          Regulated Navigation Area.
165.1302 Bangor Naval Submarine Base, Bangor, WA.
165.1303 Puget Sound and adjacent waters, WA--regulated navigation area.
165.1304 Bellingham Bay, Bellingham, WA.
165.1305 Commencement Bay, Tacoma, WA.
165.1306 Lake Union, Seattle, WA.
165.1307 Elliott Bay, Seattle, WA.
165.1308 Columbia River, Vancouver WA.
165.1309 Eagle Harbor, Bainbridge Island, WA.
165.1310 Strait of Juan de Fuca and adjacent coastal waters of Northwest 
          Washington; Makah Whale Hunting--Regulated Navigation Area.
165.1311 Olympic View Resource Area, Tacoma, WA.
165.1312 Security Zone; Portland Rose Festival on Willamette River.
165.1313 Security zone regulations, tank ship protection, Puget Sound 
          and adjacent waters, Washington
165.1314 Safety Zone; Fort Vancouver Fireworks Display, Columbia River, 
          Vancouver, Washington.
165.1315 Safety Zones: Fireworks displays in the Captain of the Port 
          Portland Zone.
165.1316 Safety Zone; Columbia River, Astoria, Oregon.
165.1317 Security and Safety Zone; Large Passenger Vessel Protection, 
          Puget Sound and adjacent waters, Washington.
165.1318 Security and Safety Zone Regulations, Large Passenger Vessel 
          Protection, Portland, OR Captain of the Port Zone
165.1319 Safety Zone Regulations, Seafair Blue Angels Air Show 
          Performance, Seattle, WA.
165.1321 Security Zone; Protection of Military Cargo, Captain of the 
          Port Zone Puget Sound, WA.
165.1322 Regulated Navigation Area: Willamette River Portland, Oregon 
          Captain of the Port Zone.
165.1323 Regulated Navigation Area: Willamette River Portland, Oregon 
          Captain of the Port Zone.
165.1324 Safety and Security Zone; Cruise Ship Protection, Elliott Bay 
          and Pier-91, Seattle, Washington.
165.1325 Regulated Navigation Areas; Bars Along the Coasts of Oregon and 
          Washington.
165.1326 Regulated Navigation Areas; Port of Portland Terminal 4, 
          Willamette River, Portland, OR.
165.1327 Security Zone; escorted U.S. Navy submarines in Sector Seattle 
          Captain of the Port Zone.
165.1328 Regulated Navigation Area; U.S. Navy submarines, Hood Canal, 
          WA.
165.1332 Safety Zones; annual firework displays within the Captain of 
          the Port, Puget Sound Area of Responsibility.

                     Fourteenth Coast Guard District

165.T14-204 Safety Zone; fixed mooring balls, south of Barbers Pt Harbor 
          Channel, Oahu, Hawaii.
165.1401 Apra Harbor, Guam--safety zones.
165.1402 Apra Outer Harbor, Guam--regulated navigation area.
165.1403 Security Zones; Tinian, Commonwealth of the Northern 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.

[[Page 614]]

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. Forces vessel SBX-1, HI.
165.1412 Security Zone; escorted U.S. Navy submarines in Sector Honolulu 
          Captain of the Port Zone.

                    Seventeenth Coast Guard District

165.1701 Port Valdez, Valdez, Alaska--safety zone.
165.1702 Gastineau Channel, Juneau, Alaska--safety zone.
165.1703 Ammunition Island, Port Valdez, Alaska.
165.1704 Prince William Sound, Alaska-regulated navigation area.
165.1706 Gastineau Channel, Juneau, Alaska--Safety Zone.
165.1708 Tongass Narrows, Ketchikan, Alaska--Safety Zone.
165.1709 Security Zones: Liquefied Natural Gas Tanker Transits and 
          Operations at Phillips Petroleum LNG Pier, Cook Inlet, AK.
165.1710 Port Valdez and Valdez Narrows, Valdez, Alaska--security zones.
165.1711 Security Zones; Waters of the Seventeenth Coast Guard District

                  Subpart G_Protection of Naval Vessels

165.2010 Purpose.
165.2015 Definitions.
165.2020 Enforcement authority.
165.2025 Atlantic Area.
165.2030 Pacific Area.

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1.

    Source: CGD 79-034, 47 FR 29660, July 8, 1982, unless otherwise 
noted.

    Editorial Note: Nomenclature changes to part 165 appear by 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 of limited 
or controlled access areas and regulated navigation areas;
    (b) Prescribe general regulations for different types of limited or 
controlled access areas and regulated navigation areas;
    (c) Prescribe specific requirements for established areas; and
    (d) List specific areas and their boundaries.



Sec. 165.3  Definitions.

    The following definitions apply to this part:
    Credential means any or all of the following:
    (1) Merchant mariner's document.
    (2) Merchant mariner's license.
    (3) STCW endorsement.
    (4) Certificate of registry.
    (5) Merchant mariner credential.
    Merchant mariner credential or MMC means the credential issued by 
the Coast Guard under 46 CFR part 10. It combines the individual 
merchant mariner's document, license, and certificate of registry 
enumerated in 46 U.S.C. subtitle II part E as well as the STCW 
endorsement into a single credential that serves as the mariner's 
qualification document, certificate of identification, and certificate 
of service.

[USCG-2006-24371, 74 FR 11213, Mar. 16, 2009]



Sec. 165.5  Establishment procedures.

    (a) A safety zone, security zone, or regulated navigation area may 
be established on the initiative of any authorized Coast Guard official.
    (b) Any person may request that a safety zone, security zone, or 
regulated navigation area be established. Except as provided in 
paragraph (c) of this section, each request must be submitted in writing 
to either the Captain of the Port or District Commander having 
jurisdiction over the location as described in part 3 of this chapter, 
and include the following:
    (1) The name of the person submitting the request;
    (2) The location and boundaries of the safety zone, security zone, 
or regulated navigation area;
    (3) The date, time, and duration that the safety zone, security 
zone, or regulated navigation area should be established;
    (4) A description of the activities planned for the safety zone, 
security zone, or regulated navigation area;
    (5) The nature of the restrictions or conditions desired; and

[[Page 615]]

    (6) The reason why the safety zone, security zone, or regulated 
navigation area is necessary.
    (c) Safety Zones and Security Zones. If, for good cause, the request 
for a safety zone or security zone is made less than 5 working days 
before the zone is to be established, the request may be made orally, 
but it must be followed by a written request within 24 hours.

(Requests for safety zones, security zones, and regulated navigation 
areas are approved by the Office of Management and Budget under control 
number 1625-0020)

[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD 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 regulated 
navigation areas is considered rulemaking. The procedures used to notify 
persons of the establishment of these areas vary depending upon the 
circumstances and emergency conditions. Notification may be made by 
marine broadcasts, local notice to mariners, local news media, 
distribution in leaflet form, and on-scene oral notice, as well as 
publication in the Federal Register.
    (b) Notification normally contains the physical boundaries of the 
area, the reasons for the rule, its estimated duration, and the method 
of obtaining authorization to enter the area, if applicable, and special 
navigational rules, if applicable.
    (c) Notification of the termination of the rule is usually made in 
the same

form as the notification of its establishment.



Sec. 165.8  Geographic coordinates.

    Geographic coordinates expressed in terms of latitude or longitude, 
or both, are not intended for plotting on maps or charts whose 
referenced horizontal datum is the North American Datum of 1983 (NAD 
83), unless such geographic coordinates are expressly labeled NAD 83. 
Geographic coordinates without the NAD 83 reference may be plotted on 
maps or charts referenced to NAD 83 only after application of the 
appropriate corrections that are published on the particular map or 
chart being used.

[CGD 86-082, 52 FR 33811, Sept. 8, 1987]



Sec. 165.9  Geographic application of limited and controlled access areas and 

regulated navigation areas.

    (a) General. The geographic application of the limited and 
controlled access areas and regulated navigation areas in this part are 
determined based on the statutory authority under which each is created.
    (b) Safety zones and regulated navigation areas. These zones and 
areas are created under the authority of the Ports and Waterways Safety 
Act, 33 U.S.C. 1221-1232. Safety zones established under 33 U.S.C. 1226 
and regulated navigation areas may be established in waters subject to 
the jurisdiction of the United States as defined in Sec. 2.38 of this 
chapter, including the territorial sea to a seaward limit of 12 nautical 
miles from the baseline.
    (c) Security zones. These zones have two sources of authority--the 
Ports and Waterways Safety Act, 33 U.S.C. 1221-1232, and the Act of June 
15, 1917, as amended by both the Magnuson Act of August 9, 1950 
(``Magnuson Act''), 50 U.S.C. 191-195, and sec. 104 the Maritime 
Transportation Security Act of 2002 (Pub. L. 107-295, 116 Stat. 2064). 
Security zones established under either 33 U.S.C. 1226 or 50 U.S.C. 191 
may be established in waters subject to the jurisdiction of the United 
States as defined in Sec. 2.38 of this chapter, including the 
territorial sea to a seaward limit of 12 nautical miles from the 
baseline.
    (d) Naval vessel protection zones. These zones are issued under the 
authority of 14 U.S.C. 91 and 633 and may be established in waters 
subject to the jurisdiction of the United States as defined in Sec. 
2.38 of this chapter, including the territorial sea to a seaward limit 
of 12 nautical miles from the baseline.

[USCG-2001-9044, 68 FR 42602, July 18, 2003, as amended by USCG-2006-
25411, 71 FR 54421, Sept. 15, 2006]

[[Page 616]]



                  Subpart B_Regulated Navigation Areas



Sec. 165.10  Regulated navigation areas.

    A regulated navigation area is a water area within a defined 
boundary for which regulations for vessels navigating within the area 
have been established under this part.



Sec. 165.11  Vessel operating requirements (regulations).

    Each District Commander may control vessel traffic in an area which 
is determined to have hazardous conditions, by issuing regulations:
    (a) Specifying times of vessel entry, movement, or departure to, 
from, within, or through ports, harbors, or other waters;
    (b) Establishing vessel size, speed, draft limitations, and 
operating conditions; and
    (c) Restricting vessel operation, in a hazardous area or under 
hazardous conditions, to vessels which have particular operating 
characteristics or capabilities which are considered necessary for safe 
operation under the circumstances.

[CGD 79-026, 48 FR 35408, Aug. 4, 1983]



Sec. 165.13  General regulations.

    (a) The master of a vessel in a regulated navigation area shall 
operate the vessel in accordance with the regulations contained in 
Subpart F.
    (b) No person may cause or authorize the operation of a vessel in a 
regulated navigation area contrary to the regulations in this part.



                         Subpart C_Safety Zones



Sec. 165.20  Safety zones.

    A Safety Zone is a water area, shore area, or water and shore area 
to which, for safety or environmental purposes, access is limited to 
authorized persons, vehicles, or vessels. It may be stationary and 
described by fixed limits or it may be described as a zone around a 
vessel in motion.



Sec. 165.23  General regulations.

    Unless otherwise provided in this part:
    (a) No person may enter a safety zone unless authorized by the COTP 
or the District Commander;
    (b) No person may bring or cause to be brought into a safety zone 
any vehicle, vessel, or object unless authorized by the COTP or the 
District Commander;
    (c) No person may remain in a safety zone or allow any vehicle, 
vessel, or object to remain in a safety zone unless authorized by the 
COTP or the District Commander; and
    (d) Each person in a safety zone who has notice of a lawful order or 
direction shall obey the order or direction of the COTP or District 
Commander issued to carry out the purposes of this subpart.



                        Subpart D_Security Zones



Sec. 165.30  Security zones.

    (a) A security zone is an area of land, water, or land and water 
which is so designated by the Captain of the Port or District Commander 
for such time as is necessary to prevent damage or injury to any vessel 
or waterfront facility, to safeguard ports, harbors, territories, or 
waters of the United States or to secure the observance of the rights 
and obligations of the United States.
    (b) The purpose of a security zone is to safeguard from destruction, 
loss, or injury from sabotage or other subversive acts, accidents, or 
other causes of a similar nature:
    (1) Vessels,
    (2) Harbors,
    (3) Ports, and
    (4) Waterfront facilities:

in the United States and all territory and water, continental or 
insular, that is subject to the jurisdiction of the United States.



Sec. 165.33  General regulations.

    Unless otherwise provided in the special regulations in Subpart F of 
this part:
    (a) No person or vessel may enter or remain in a security zone 
without the permission of the Captain of the Port;
    (b) Each person and vessel in a security zone shall obey any 
direction or order of the Captain of the Port;

[[Page 617]]

    (c) The Captain of the Port may take possession and control of any 
vessel in the security zone;
    (d) The Captain of the Port may remove any person, vessel, article, 
or thing from a security zone;
    (e) No person may board, or take or place any article or thing on 
board, any vessel in a security zone without the permission of the 
Captain of the Port; and
    (f) No person may take or place any article or thing upon any 
waterfront facility in a security zone without the permission of the 
Captain of the Port.



                  Subpart E_Restricted Waterfront Areas



Sec. 165.40  Restricted waterfront areas.

    The Commandant, may direct the COTP to prevent access to waterfront 
facilities, and port and harbor areas, including vessels and harbor 
craft therein. This section may apply to persons who do not possess the 
credentials outlined in Sec. 125.09 of this chapter when certain 
shipping activities are conducted that are outlined in Sec. 125.15 of 
this chapter.



 Subpart F_Specific Regulated Navigation Areas and Limited Access Areas

                       First Coast Guard District



Sec. 165.T01-0176  Regulated Navigation Area; Lake Champlain Bridge 

Construction, Crown Point, New York and Chimney Point, Vermont.

    (a) Description of the regulated navigation area (RNA). All 
navigable waters on Lake Champlain 300 yards to the north and south of 
the Lake Champlain Bridge construction zone at Crown Point, New York and 
Chimney Point, Vermont. The area is bounded by coordinates 
44[deg]01[min]59[sec] N, 073[deg]25[min]31[sec] W and 
44[deg]02[min]04[sec] N, 073[deg]25[min]28[sec] W to the north, and 
44[deg]01[min]56[sec] N, 073[deg]25[min]08[sec] W and 
44[deg]01[min]53[sec] N, 073[deg]25[min]14[sec] W to the south. The area 
will be marked with four white and orange-striped ``NO WAKE'' buoys to 
define the start and end of the regulated area.
    (b) Regulations. In addition to 33 CFR 165.10, 165.11, and 165.13, 
the following restrictions or conditions apply within this RNA:
    (1) No vessel may operate at a speed in excess of five knots.
    (2) All vessels must proceed through the area with caution and 
operate in such a manner as to produce no wake.
    (3) Vessels must comply with all directions given to them by the 
Captain of the Port (COTP) Sector Northern New England or his on-scene 
representative. The ``on-scene representative'' of the COTP is any Coast 
Guard commissioned, warrant, or petty officer who has been designated by 
the COTP to act on the COTP's behalf. The on-scene representative may be 
on a Coast Guard vessel, New York State Police, New York Department of 
Environmental Conservation, Vermont State Police, and Vermont Fish and 
Game or other designated craft, or may be on shore and will communicate 
with vessels via VHF-FM radio or loudhailer. Members of the Coast Guard 
Auxiliary may be present to inform vessel operators of this regulation.
    (4) During certain construction activities including installation of 
the bridge lift span and as deemed necessary by the COTP, all vessel 
movement into or within the regulated area may be prohibited.
    (5) For purposes of navigational safety, the COTP or on-scene 
representative may authorize a deviation from this regulation.
    (c) Enforcement. (1) This regulated navigation area is enforceable 
from April 23, 2010 through December 31, 2011.
    (2) The COTP may temporarily suspend all vessel traffic through the 
RNA, temporarily suspend enforcement of the RNA, or suspend enforcement 
of the RNA at the conclusion of bridge construction. In any of these 
events, the COTP will give notice by all appropriate means to ensure the 
widest publicity among the affected segments of the public. Such means 
of notification may include, but are not limited to, Broadcast Notice to 
Mariners and Local Notice to Mariners. Notification will include the 
beginning and end dates and times when the traffic suspension or 
enforcement suspension is effective.

[[Page 618]]

    (3) Violations of this RNA should be reported to the COTP at (207) 
767-0303 or on VHF-Channel 16. Persons in violation of this RNA may be 
subject to civil and criminal penalties.

    Effective Date Note: By USCG-2010-0176, 75 FR 22231, Apr. 28, 2010, 
temporary Sec. 165.T01-0176 was added, effective Apr. 23, 2010 through 
Dec. 31, 2011.



Sec. 165.T01-0239  Safety zones; Marine events within the Captain of the Port 

Sector Northern New England area of responsibility.

    (a) Safety zones. (1) The following areas are designated safety 
zones:
    (2) Locations. For all fireworks events listed in the events table 
in this paragraph (a)(2), all navigable waters within a 350 yard radius 
of the fireworks launch site. For all power boat races, regattas, boat 
parades, rowing races, and paddling boat races, all vessels not 
associated with the event must maintain a 50 yard radius around all 
vessels participating in the event.

                              Events Table
------------------------------------------------------------------------
             5.0                                  MAY
------------------------------------------------------------------------
5.1 Downeast Adventure Race..  Event Type: Rowing and paddling boat
                                race.
                               Sponsor: Washington County Community
                                College.
                               Date: May 1, 2010.
                               Enforcement Time: 10 am to 2 pm.
                               Location: The regulated area includes all
                                U.S. waters in the Saint Croix River
                                from the launch site in Calais, Maine at
                                approximate position
                                45[deg]11[min]24[sec] N,
                                067[deg]16[min]48[sec] W (NAD 83),
                                following the river bank to the end site
                                at position 44[deg]10[min]07[sec] N,
                                067[deg]14[min]29[sec] W (NAD 83).
------------------------------------------------------------------------
5.2 Hampton Beach Fireworks..  Event Type: Fireworks display.
                               Sponsor: Hampton Beach Village District.
                               Dates: Every Wednesday, Saturday and
                                Sunday from May 5, 2010 through
                                September 29, 2010, as specified in the
                                USCG District 1 Local Notice to Mariners
                                at: http://www.navcen.uscg.gov/LNM/
                                default.htm.
                               Enforcement Time: 8 pm to 10:30 pm.
                               Location: In the vicinity of the Hampton
                                Beach, New Hampshire waterfront in
                                approximate position
                                42[deg]54[min]33[sec] N,
                                070[deg]48[min]38[sec] W (NAD 83).
------------------------------------------------------------------------
5.3 Tall Ships Visiting        Event Type: Regatta and boat parade.
 Portsmouth.                   Sponsor: Portsmouth Maritime Commission,
                                Inc.
                               Date: May 28 through May 31, 2010
                                Enforcement Time: 10 am to 7 pm.
                               Location: The regulated area includes all
                                waters of Portsmouth Harbor, New
                                Hampshire within the following points
                                (NAD 83):
                               43[deg]03[min]11[sec] N
                                070[deg]42[min]26[sec] W
                               43[deg]03[min]18[sec] N
                                070[deg]41[min]51[sec] W
                               43[deg]04[min]42[sec] N
                                070[deg]42[min]11[sec] W
                               43[deg]04[min]28[sec] N
                                070[deg]44[min]12[sec] W
                               43[deg]05[min]36[sec] N
                                070[deg]45[min]56[sec] W
                               43[deg]05[min]29[sec] N
                                070[deg]46[min]09[sec] W
                               43[deg]04[min]19[sec] N
                                070[deg]44[min]16[sec] W
                               43[deg]04[min]22[sec] N
                                070[deg]42[min]33[sec] W
------------------------------------------------------------------------
6.0                                               JUNE
------------------------------------------------------------------------
6.1 Bar Harbor Blessing of     Event Type: Regatta and boat parade.
 the Fleet.                    Sponsor: Town of Bar Harbor, Maine.
                               Date: June 6, 2010.
                               Enforcement Time: 12 pm to 1:30 pm.
                               Location: The regulated area includes all
                                waters of Bar Harbor, Maine within the
                                following points (NAD 83):
                               44[deg]23[min]32[sec] N
                                068[deg]12[min]19[sec] W
                               44[deg]23[min]30[sec] N
                                068[deg]12[min]00[sec] W
                               44[deg]23[min]37[sec] N
                                068[deg]12[min]00[sec] W
                               44[deg]23[min]35[sec] N
                                068[deg]12[min]19[sec] W
------------------------------------------------------------------------
6.2 Boothbay Harbor Lobster    Event Type: Power boat race.
 Boat Races.                   Sponsor: Boothbay Harbor Lobster Boat
                                Race Committee.
                               Date: June 19, 2010.
                               Enforcement Time: 10 am to 3 pm.
                               Location: The regulated area includes all
                                waters of Boothbay Harbor, Maine within
                                the following points (NAD 83):

[[Page 619]]

 
                               43[deg]50[min]04[sec] N
                                069[deg]38[min]37[sec] W
                               43[deg]50[min]54[sec] N
                                069[deg]38[min]06[sec] W
                               43[deg]50[min]49[sec] N
                                069[deg]37[min]50[sec] W
                               43[deg]50[min]00[sec] N
                                069[deg]38[min]20[sec] W
------------------------------------------------------------------------
6.3 Rockland Harbor Lobster    Event Type: Power boat race.
 Boat Races.                   Sponsor: Rockland Harbor Lobster Boat
                                Race Committee.
                               Date: June 20, 2010.
                               Enforcement Time: 10 am to 3 pm.
                               Location: The regulated area includes all
                                waters of Rockland Harbor, Maine within
                                the following points (NAD 83):
                               44[deg]05[min]59[sec] N
                                069[deg]04[min]53[sec] W
                               44[deg]06[min]43[sec] N
                                069[deg]05[min]25[sec] W
                               44[deg]06[min]50[sec] N
                                069[deg]05[min]05[sec] W
                               44[deg]06[min]05[sec] N
                                069[deg]04[min]34[sec] W
------------------------------------------------------------------------
6.4 Windjammer Days Parade of  Event Type: Regatta and boat parade.
 Ships.                        Sponsor: Boothbay Region Chamber of
                                Commerce.
                               Date: June 22 & 23, 2010.
                               Enforcement Time: 12 pm to 5 pm.
                               Location: The regulated area includes all
                                waters of Boothbay Harbor, Maine within
                                the following points (NAD 83):
                               43[deg]51[min]02[sec] N
                                069[deg]37[min]33[sec] W
                               43[deg]50[min]47[sec] N
                                069[deg]37[min]31[sec] W
                               43[deg]50[min]23[sec] N
                                069[deg]37[min]57[sec] W
                               43[deg]50[min]01[sec] N
                                069[deg]37[min]45[sec] W
                               43[deg]50[min]01[sec] N
                                069[deg]38[min]31[sec] W
                               43[deg]50[min]25[sec] N
                                069[deg]38[min]25[sec] W
                               43[deg]50[min]49[sec] N
                                069[deg]37[min]45[sec] W
------------------------------------------------------------------------
6.5 Windjammer Days Fireworks  Event Type: Fireworks display.
                               Sponsor: Boothbay Harbor Region Chamber
                                of Commerce.
                               Date: June 23, 2010.
                               Enforcement Time: 8 pm to 10:30 pm.
                               Location: In the vicinity of McFarland
                                Island, Boothbay Harbor, Maine in
                                approximate position
                                43[deg]50[min]38[sec] N,
                                069[deg]37[min]57[sec] W (NAD 83).
------------------------------------------------------------------------

    (b) Notification. Coast Guard Sector Northern New England will cause 
notice of the enforcement of these temporary safety zones to be made by 
all appropriate means to affect the widest publicity among the effected 
segments of the public, including publication in the Local Notice to 
Mariners and Broadcast Notice to Mariners.
    (c) Effective period. This rule is effective from 10 a.m. on May 1, 
2010, through 11:59 p.m. on September 29, 2010.
    (d) Enforcement period. This section will be enforced for the 
duration of each event indicated in the table in paragraph (a)(2) of 
this section. If the event is cancelled due to inclement weather, this 
section is in effect for the day following the scheduled time listed in 
the table above. Notification of events held on a rain date will be made 
by Broadcast Notice to Mariners.
    (e) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply. During the enforcement period, entry into, transiting, 
remaining within, mooring or anchoring within these safety zones is 
prohibited unless authorized by the Captain of the Port or his 
designated representatives.
    (2) These temporary safety zones are closed to all vessel traffic, 
except as may be permitted by the Captain of the Port or his designated 
representatives. Vessel operators given permission to enter or operate 
in the safety zones must comply with all directions given to them by the 
Captain of the Port or his designated representatives. Vessels that are 
granted permission by the Captain of the Port or designated 
representative to enter or remain within a safety zone may be required 
to be at anchor or moored to a waterfront facility such that the 
vessel's location will not interfere with the progress of the event. At 
all times when a vessel has been granted permission to enter within a 
safety zone, it shall endeavor to

[[Page 620]]

maintain at least 50 yards distance from any event participant unless 
otherwise directed.
    (3) The ``designated representative'' is any Coast Guard 
commissioned, warrant, or petty officer who has been designated by the 
Captain of the Port to act on his behalf. The designated representative 
will be aboard either a Coast Guard or Coast Guard Auxiliary vessel.
    (4) Vessel operators desiring to enter or operate within the safety 
zones shall telephone the Captain of the Port at 207-767-0303, or his 
designated representative via VHF Channel 16 to obtain permission to do 
so.
    (5) The Captain of the Port or his designated representative may 
delay or terminate any event listed in the events table in paragraph 
(a)(2) of this section to ensure safety. Such action may be required as 
a result of weather, vessel traffic density, spectator activities or 
participant behavior.

    Effective Date Note: By USCG-2010-0239, 75 FR 25768, May 10, 2010, 
temporary Sec. 165.T01-0239 was added, effective May 10, 2010 through 
11:59 p.m. on Sept. 29, 2010.



Sec. 165.T01-0315  Safety zones; Marine Events within the Captain of the Port 

Sector Northern New England Area of Responsibility, July through September.

    (a) Safety zones. The following areas are designated safety zones:
    Locations. The locations for each safety zone are provided in the 
below EVENTS TABLE. For all events listed in the EVENTS TABLE below, the 
safety zones for firework displays includes all navigable waters within 
a 350 yard radius of the fireworks launch site; for all swim events 
listed in the Events Table, a 200 foot radius around all participants; 
for all regattas, power boat races, row and paddle boat races, and 
parades listed in the EVENTS TABLE below, all navigable waters within a 
50 yard radius around all vessels participating in the event.

                              Events Table
------------------------------------------------------------------------
                7.0                                 July
------------------------------------------------------------------------
7.1 Burlington Independence Day      Event Type:
 Fireworks.                          Fireworks Display.
                                     Sponsor: City of
                                     Burlington, VT.
                                     Date: July 3,
                                     2010.
                                     Time: 8 pm to
                                     10:30 pm.
                                     Location: From a
                                     barge in he vicinity of Burlington
                                     Harbor, Burlington, Vermont in
                                     approximate position
                                     44[deg]28[min]30[sec] N,
                                     073[deg]13[min]31[sec] W (NAD 83).
------------------------------------------------------------------------
7.2 Town of Islesboro Fireworks...   Event Type:
                                     Fireworks Display.
                                     Sponsor: Town of
                                     Islesboro, Maine.
                                     Date: July 3,
                                     2010.
                                     Time: 8 pm to
                                     10:30 pm.
                                     Location: In the
                                     vicinity of Grindle Point,
                                     Islesboro, Maine in approximate
                                     position 44[deg]16[min]52[sec] N,
                                     068[deg]56[min]24[sec] W (NAD 83).
------------------------------------------------------------------------
7.3 The Great Race................   Event Type: Row
                                     and Paddle Boat Race.
                                     Sponsor: The
                                     Great Race Committee.
                                     Date: July 4,
                                     2010.
                                     Time: 10 am to
                                     12:30 pm.
                                     Location: The
                                     regulated area includes all waters
                                     of Lake Champlain in the vicinity
                                     of Saint Albans Bay in St. Albans,
                                     Vermont within the following points
                                     (NAD 83):
                                       44[deg]47[min]18[sec] N,
                                        073[deg]10[min]27[sec] W.
                                       44[deg]47[min]10[sec] N,
                                        073[deg]08[min]51[sec] W.
------------------------------------------------------------------------
7.4 Moosabec Lobster Boat Races...   Event Type: Power
                                     Boat Race.
                                     Sponsor: Moosabec
                                     Boat Race Committee.
                                     Date: July 4,
                                     2010.
                                     Time: 10 am to 3
                                     pm.
                                     Location: The
                                     regulated area includes all waters
                                     of Jonesport, Maine within the
                                     following points (NAD 83):
                                       44[deg]31[min]21[sec] N,
                                        067[deg]36[min]44[sec] W.
                                       44[deg]31[min]36[sec] N,
                                        067[deg]36[min]47[sec] W.
                                       44[deg]31[min]44[sec] N,
                                        067[deg]35[min]36[sec] W.
                                       44[deg]31[min]29[sec] N,
                                        067[deg]35[min]33[sec] W.
------------------------------------------------------------------------
7.5 Bangor 4th of July Fireworks..   Event Type:
                                     Fireworks Display.
                                     Sponsor: Bangor
                                     4th of July Fireworks.
                                     Date: July 4,
                                     2010.

[[Page 621]]

 
                                     Time: 8 pm to
                                     10:30 pm.
                                     Location: In the
                                     vicinity of the Bangor Waterfront,
                                     Bangor, Maine in approximate
                                     position 44[deg]47[min]27[sec] N,
                                     068[deg]46[min]31[sec] W (NAD 83).
------------------------------------------------------------------------
7.6 Bar Harbor 4th of July           Event Type:
 Fireworks.                          Fireworks Display.
                                     Sponsor: Bar
                                     Harbor Chamber of Commerce.
                                     Date: July 4,
                                     2010.
                                     Time: 8 pm to
                                     10:30 pm.
                                     Location: In the
                                     vicinity of Bar Harbor Town Pier,
                                     Bar Harbor, Maine in approximate
                                     position 44[deg]23[min]30[sec] N,
                                     068[deg]2[min]16[sec] W (NAD 83).
------------------------------------------------------------------------
7.7 Bath 4th of July Fireworks....   Event Type:
                                     Fireworks Display.
                                     Sponsor: Main
                                     Street Bath.
                                     Date: July 4,
                                     2010.
                                     Time: 8 pm to
                                     10:30 pm.
                                     Location: In the
                                     vicinity of Reed and Reed Boat
                                     Yard, Woolwich, Maine in
                                     approximate position
                                     43[deg]54[min]56[sec] N,
                                     069[deg]48[min]16[sec] W (NAD 83).
------------------------------------------------------------------------
7.8 Boothbay Harbor 4th of July      Event Type:
 Fireworks.                          Fireworks Display.
                                     Sponsor: Town of
                                     Boothbay Harbor.
                                     Date: July 4,
                                     2010.
                                     Time: 8 pm to
                                     10:30 pm.
                                     Location: In the
                                     vicinity of McFarland Island,
                                     Boothbay Harbor, Maine in
                                     approximate position
                                     43[deg]50[min]38[sec] N,
                                     069[deg]37[min]57[sec] W (NAD 83).
------------------------------------------------------------------------
7.9 Castine 4th of July Fireworks.   Event Type:
                                     Fireworks Display.
                                     Sponsor: Castine
                                     Fire Department.
                                     Date: July 4,
                                     2010.
                                     Time: 8 pm to
                                     10:30 pm.
                                     Location: From a
                                     float in the vicinity of Castine
                                     Harbor, Castine, Maine in
                                     approximate position
                                     44[deg]23[min]11[sec] N,
                                     068[deg]47[min]39[sec] W (NAD 83).
------------------------------------------------------------------------
7.10 Colchester 4th of July          Event Type:
 Fireworks.                          Fireworks Display.
                                     Sponsor: Town of
                                     Colchester Recreation Department.
                                     Date: July 4,
                                     2010.
                                     Time: 8 pm to
                                     10:30 pm.
                                     Location: In the
                                     vicinity of Bayside Beach and
                                     Mallets Bay in Colchester, Vermont
                                     at approximate position
                                     44[deg]54[min]51[sec] N,
                                     073[deg]21[min]54[sec] W (NAD 83).
------------------------------------------------------------------------
7.11 Eastport 4th of July            Event Type:
 Fireworks.                          Fireworks Display.
                                     Sponsor: Eastport
                                     4th of July Committee.
                                     Date: July 4,
                                     2010.
                                     Time: 8 pm to
                                     10:30 pm.
                                     Location: From
                                     the Waterfront Public Pier in
                                     Eastport, Maine at approximate
                                     position 44[deg]54[min]25[sec] N,
                                     066[deg]58[min]55[sec] W (NAD 83).
------------------------------------------------------------------------
7.12 Portland Harbor 4th of July     Event Type:
 Fireworks.                          Fireworks Display.
                                     Sponsor:
                                     Department of Parks and Recreation,
                                     Portland, Maine.
                                     Date: July 4,
                                     2010.
                                     Time: 8 pm to
                                     10:30 pm.
                                     Location: In the
                                     vicinity of East End Beach,
                                     Portland, Maine in approximate
                                     position 43[deg]40[min]11[sec] N,
                                     070[deg]14[min]29[sec] W (NAD 83).
------------------------------------------------------------------------
7.13 St. Albans Day Fireworks.....   Event Type:
                                     Fireworks Display.
                                     Sponsor: St.
                                     Albans Town Recreation Department.
                                     Date: July 4,
                                     2010.
                                     Time: 8 pm to
                                     10:30 pm.
                                     Location: From
                                     the St. Albans Bay dock in St.
                                     Albans, Vermont in approximate
                                     position 44[deg]48[min]25[sec] N,
                                     073[deg]08[min]23[sec] W (NAD 83).
------------------------------------------------------------------------
7.14 Stonington 4th of July          Event Type:
 Fireworks.                          Fireworks Display.
                                     Sponsor: Deer
                                     Isle--Stonington Chamber of
                                     Commerce.
                                     Date: July 4,
                                     2010.
                                     Time: 8 pm to
                                     10:30 pm.
                                     Location: In the
                                     vicinity of Two Bush Island,
                                     Stonington, Maine in approximate
                                     position 44[deg]08[min]57[sec] N,
                                     068[deg]39[min]54[sec] W (NAD 83).
------------------------------------------------------------------------
7.15 Windjammer Days Fireworks       Event Type:
 (Rain Date).                        Fireworks display.
                                     Sponsor: Boothbay
                                     Harbor Region Chamber of Commerce.
                                     Date: July 4,
                                     2010.
                                     Time: 8 pm to
                                     10:30 pm.

[[Page 622]]

 
                                     Location: In the
                                     vicinity of McFarland Island,
                                     Boothbay Harbor, Maine in
                                     approximate position
                                     43[deg]50[min]38[sec] N,
                                     069[deg]37[min]57[sec] W (NAD 83).
------------------------------------------------------------------------
7.16 Bath Heritage Days Fireworks.   Event Type:
                                     Fireworks Display.
                                     Sponsor: Main
                                     Street Bath.
                                     Date: July 5,
                                     2010.
                                     Time: 8 pm to
                                     10:30 pm.
                                     Location: In the
                                     vicinity of Reed and Reed Boat
                                     Yard, Woolwich, Maine in
                                     approximate position
                                     43[deg]54[min]56[sec] N,
                                     069[deg]48[min]16[sec] W (NAD 83).
------------------------------------------------------------------------
7.17 Festival of Lights Boat         Event Type:
 Parade.                             Regatta and Boat Parade.
                                     Sponsor:
                                     Plattsburgh Sunrise Rotary.
                                     Date: July 8,
                                     2010.
                                     Time: 7 pm to
                                     11:30 pm.
                                     Location: The
                                     regulated area includes all waters
                                     of Cumberland Bay on Lake Champlain
                                     in the vicinity of Plattsburgh, New
                                     York within the following points
                                     (NAD 83):
                                       44[deg]43[min]10[sec] N,
                                        073[deg]25[min]50[sec] W.
                                       44[deg]42[min]01[sec] N,
                                        073[deg]25[min]59[sec] W.
                                       44[deg]40[min]57[sec] N,
                                        073[deg]26[min]05[sec] W.
                                       44[deg]40[min]49[sec] N,
                                        073[deg]26[min]27[sec] W.
------------------------------------------------------------------------
7.18 Searsport Lobster Boat Races.   Event Type: Power
                                     Boat Race.
                                     Sponsor:
                                     Searsport Lobster Boat Race
                                     Committee.
                                     Date: July 10,
                                     2010.
                                     Time: 10 am to 3
                                     pm.
                                     Location: The
                                     regulated area includes all waters
                                     of Searsport Harbor, Maine within
                                     the following points (NAD 83):
                                       44[deg]26[min]50[sec] N,
                                        068[deg]55[min]20[sec] W.
                                       44[deg]27[min]04[sec] N,
                                        068[deg]55[min]26[sec] W.
                                       44[deg]27[min]12[sec] N,
                                        068[deg]54[min]35[sec] W.
                                       44[deg]26[min]59[sec] N,
                                        068[deg]54[min]29[sec] W.
------------------------------------------------------------------------
7.19 Urban/EPIC Triathlon.........   Event Type: Swim.
                                     Sponsor: Tri-
                                     Maine Productions.
                                     Date: July 10,
                                     2010.
                                     Time: 7 am to 11
                                     am.
                                     Location: The
                                     regulated area includes all waters
                                     of Portland Harbor in the vicinity
                                     of East End Beach in Portland,
                                     Maine within the following points
                                     (NAD 83):
                                       43[deg]40[min]00[sec] N,
                                        070[deg]14[min]20[sec] W.
                                       43[deg]40[min]00[sec] N,
                                        070[deg]14[min]00[sec] W.
                                       43[deg]40[min]15[sec] N,
                                        070[deg]14[min]29[sec] W.
                                       43[deg]40[min]17[sec] N,
                                        070[deg]13[min]22[sec] W.
------------------------------------------------------------------------
7.20 Mayor's Cup Regatta..........   Event Type:
                                     Regatta and Boat Parade.
                                     Sponsor:
                                     Plattsburgh Sunrise Rotary.
                                     Date: July 10,
                                     2010.
                                     Time: 10 am to 4
                                     pm.
                                     Location: The
                                     regulated area includes all waters
                                     of Cumberland Bay on Lake Champlain
                                     in the vicinity of Plattsburgh, New
                                     York within the following points
                                     (NAD 83):
                                       44[deg]39[min]26[sec] N,
                                        073[deg]26[min]25[sec] W.
                                       44[deg]41[min]27[sec] N,
                                        073[deg]23[min]12[sec] W.
------------------------------------------------------------------------
7.21 Stonington Lobster Boat Races   Event Type: Power
                                     Boat Race.
                                     Sponsor:
                                     Stonington Lobster Boat Race
                                     Committee.
                                     Date: July 10,
                                     2010.
                                     Time: 10 am to 3
                                     pm.
                                     Location: The
                                     regulated area includes all waters
                                     of Stonington, Maine within the
                                     following points (NAD 83):
                                       44[deg]08[min]55[sec] N,
                                        068[deg]40[min]12[sec] W.
                                       44[deg]09[min]00[sec] N,
                                        068[deg]40[min]15[sec] W.
                                       44[deg]09[min]11[sec] N,
                                        068[deg]39[min]42[sec] W.
                                       44[deg]09[min]07[sec] N,
                                        068[deg]39[min]39[sec] W.
------------------------------------------------------------------------
7.22 The Challenge Race...........   Event Type: Row
                                     and Paddle Boat Race.
                                     Sponsor: Lake
                                     Champlain Maritime Museum.
                                     Date: July 17,
                                     2010.
                                     Time: 11 am to 3
                                     pm.
                                     Location: The
                                     regulated area includes all waters
                                     of Lake Champlain in the vicinity
                                     of Button Bay State Park,
                                     Vergennes, Vermont within the
                                     following points (NAD 83):

[[Page 623]]

 
                                       44[deg]12[min]25[sec] N,
                                        073[deg]22[min]32[sec] W.
                                       44[deg]12[min]00[sec] N,
                                        073[deg]21[min]42[sec] W.
                                       44[deg]12[min]19[sec] N,
                                        073[deg]21[min]25[sec] W.
                                       44[deg]13[min]16[sec] N,
                                        073[deg]21[min]36[sec] W.
------------------------------------------------------------------------
7.23 Tenants Harbor Fireworks.....   Event Type:
                                     Fireworks Display.
                                     Sponsor: Town of
                                     St. George, Maine.
                                     Date: July 17,
                                     2010.
                                     Time: 8 pm to
                                     10:30 pm.
                                     Location: From a
                                     barge in the vicinity of the inner
                                     harbor, Tenants Harbor, Maine in
                                     approximate position
                                     43[deg]57[min]40[sec] N,
                                     069[deg]12[min]48[sec] W (NAD 83).
------------------------------------------------------------------------
7.24 Peaks to Portland Swim.......   Event Type: Swim.
                                     Sponsor:
                                     Cumberland County YMCA.
                                     Date: July 24,
                                     2010.
                                     Time: 5 am to 1
                                     pm.
                                     Location: The
                                     regulated area includes all waters
                                     of Portland Harbor between Peaks
                                     Island and East End Beach in
                                     Portland, Maine within the
                                     following points (NAD 83):
                                       43[deg]39[min]20[sec] N,
                                        070[deg]11[min]58[sec] W.
                                       43[deg]39[min]45[sec] N,
                                        070[deg]13[min]19[sec] W.
                                       43[deg]40[min]11[sec] N,
                                        070[deg]14[min]13[sec] W.
                                       43[deg]40[min]08[sec] N,
                                        070[deg]14[min]29[sec] W.
                                       43[deg]40[min]00[sec] N,
                                        070[deg]14[min]23[sec] W.
                                       43[deg]39[min]34[sec] N,
                                        070[deg]13[min]31[sec] W.
                                       43[deg]39[min]13[sec] N,
                                        070[deg]11[min]59[sec] W.
------------------------------------------------------------------------
7.25 Friendship Lobster Boat Races   Event Type: Power
                                     Boat Race.
                                     Sponsor:
                                     Friendship Lobster Boat Race
                                     Committee.
                                     Date: July 24,
                                     2010.
                                     Time: 9:30 am to
                                     3 pm.
                                     Location: The
                                     regulated area includes all waters
                                     of Friendship Harbor, Maine within
                                     the following points (NAD 83):
                                       43[deg]57[min]51[sec] N,
                                        069[deg]20[min]46[sec] W.
                                       43[deg]58[min]14[sec] N,
                                        069[deg]19[min]53[sec] W.
                                       43[deg]58[min]19[sec] N,
                                        069[deg]20[min]01[sec] W.
                                       43[deg]58[min]00[sec] N,
                                        069[deg]20[min]46[sec] W.
------------------------------------------------------------------------
7.26 Arthur Martin Memorial          Event Type: Row
 Regatta.                            and Paddle Boat Race.
                                     Sponsor: I Row.
                                     Date: July 24,
                                     2010.
                                     Time: 10 am to 12
                                     pm.
                                     Location: The
                                     regulated area includes all waters
                                     of the Piscataqua River, in the
                                     vicinity of Kittery Point, Maine
                                     within the following points (NAD
                                     83):
                                       43[deg]03[min]51[sec] N,
                                        070[deg]41[min]55[sec] W.
                                       43[deg]04[min]35[sec] N,
                                        070[deg]42[min]18[sec] W.
                                       43[deg]04[min]42[sec] N,
                                        070[deg]43[min]15[sec] W.
                                       43[deg]05[min]14[sec] N,
                                        070[deg]43[min]12[sec] W.
                                       43[deg]05[min]14[sec] N,
                                        070[deg]43[min]06[sec] W.
                                       43[deg]04[min]44[sec] N,
                                        070[deg]43[min]11[sec] W.
                                       43[deg]04[min]35[sec] N,
                                        070[deg]42[min]13[sec] W.
                                       43[deg]03[min]53[sec] N,
                                        070[deg]41[min]40[sec] W.
------------------------------------------------------------------------
7.27 Harpswell Lobster Boat Races.   Event Type: Power
                                     Boat Race.
                                     Sponsor:
                                     Harpswell Lobster Boat Race
                                     Committee.
                                     Date: July 25,
                                     2010.
                                     Time: 10 am to 3
                                     pm.
                                     Location: The
                                     regulated area includes all waters
                                     of Potts Harbor, Maine within the
                                     following points (NAD 83):
                                       43[deg]43[min]55[sec] N,
                                        070[deg]02[min]36[sec] W.
                                       43[deg]44[min]23[sec] N,
                                        070[deg]02[min]14[sec] W.
                                       43[deg]44[min]16[sec] N,
                                        070[deg]01[min]51[sec] W.
                                       43[deg]43[min]48[sec] N,
                                        070[deg]02[min]24[sec] W.
------------------------------------------------------------------------


 
                8.0                                August
------------------------------------------------------------------------
8.1 Southport Rowgatta Row Boat      Event Type: Row
 Race.                               and Paddle Boat Race.
                                     Sponsor: Boothbay
                                     Region YMCA.
                                     Date: August 4,
                                     2010.
                                     Time: 8 am to 3
                                     pm.
                                     Location: The
                                     regulated area includes all waters
                                     of Sheepscot Bay and Booth Bay, on
                                     the shore side of Southport Island,
                                     Maine within the following points
                                     (NAD 83):

[[Page 624]]

 
                                       43[deg]50[min]26[sec] N,
                                        069[deg]39[min]10[sec] W.
                                       43[deg]49[min]10[sec] N,
                                        069[deg]38[min]35[sec] W.
                                       43[deg]46[min]53[sec] N,
                                        069[deg]39[min]06[sec] W.
                                       43[deg]46[min]50[sec] N,
                                        069[deg]39[min]32[sec] W.
                                       43[deg]49[min]07[sec] N,
                                        069[deg]41[min]43[sec] W.
                                       43[deg]50[min]19[sec] N,
                                        069[deg]41[min]14[sec] W.
                                       43[deg]51[min]11[sec] N,
                                        069[deg]40[min]06[sec] W.
------------------------------------------------------------------------
8.2 Westerlund's Landing Party       Event Type:
 Fireworks.                          Fireworks Display.
                                     Sponsor: Portside
                                     Marina.
                                     Date: August 7,
                                     2010.
                                     Time: 8 pm to
                                     10:30 pm.
                                     Location: In the
                                     vicinity of Westerlund[min]s
                                     Landing in South Gardiner, Maine in
                                     approximate position
                                     44[deg]10[min]19[sec] N,
                                     069[deg]45[min]24[sec] W (NAD 83).
------------------------------------------------------------------------
8.3 Rockland Lobster Festival        Event Type:
 Fireworks.                          Fireworks Display.
                                     Sponsor: Rockland
                                     Festival Committee.
                                     Date: August 7,
                                     2010.
                                     Time: 8 pm to
                                     10:30 pm.
                                     Location: In the
                                     vicinity of Rockland Ferry
                                     Terminal, Rockland, Maine in
                                     approximate position
                                     44[deg]06[min]19[sec] N,
                                     069[deg]06[min]06[sec] W (NAD 83).
------------------------------------------------------------------------
8.4 Eggemoggin Reach Regatta......   Event Type:
                                     Regatta and Boat Parade.
                                     Sponsor: Rockport
                                     Marine, Inc. and Brookline Boat
                                     Yard.
                                     Date: August 7,
                                     2010.
                                     Time: 11 am to 7
                                     pm.
                                     Location: The
                                     regulated area includes all waters
                                     of Eggemoggin Reach and Jericho Bay
                                     in the vicinity of Naskeag Harbor,
                                     Maine within the following points
                                     (NAD 83):
                                       44[deg]15[min]16[sec] N,
                                        068[deg]36[min]26[sec] W.
                                       44[deg]12[min]41[sec] N,
                                        068[deg]29[min]26[sec] W.
                                       44[deg]07[min]38[sec] N,
                                        068[deg]31[min]30[sec] W.
                                       44[deg]12[min]54[sec] N,
                                        068[deg]33[min]46[sec] W.
------------------------------------------------------------------------
8.5 Sprucewold Cabbage Island Swim   Event Type: Swim.
                                     Sponsor:
                                     Sprucewold Association.
                                     Date: August 7,
                                     2010.
                                     Time: 1 pm to 6
                                     pm.
                                     Location: The
                                     regulated area includes all waters
                                     of Linekin Bay between Cabbage
                                     Island and Sprucewold Beach in
                                     Boothbay Harbor, Maine within the
                                     following points (NAD 83):
                                       43[deg]50[min]37[sec] N,
                                        069[deg]36[min]23[sec] W.
                                       43[deg]50[min]37[sec] N,
                                        069[deg]36[min]59[sec] W.
                                       43[deg]50[min]16[sec] N,
                                        069[deg]36[min]46[sec] W.
                                       43[deg]50[min]22[sec] N,
                                        069[deg]36[min]21[sec] W.
------------------------------------------------------------------------
8.6 Y-Tri Triathlon...............   Event Type: Swim.
                                     Sponsor:
                                     Plattsburgh YMCA.
                                     Date: August 7,
                                     2010.
                                     Time: 9 am to 10
                                     am.
                                     Location: The
                                     regulated area includes all waters
                                     of Treadwell Bay in the vicinity of
                                     Point Au Roche State Park,
                                     Plattsburgh, New York within the
                                     following points (NAD 83):
                                       44[deg]46[min]30[sec] N,
                                        073[deg]23[min]26[sec] W.
                                       44[deg]46[min]17[sec] N,
                                        073[deg]23[min]26[sec] W.
                                       44[deg]46[min]17[sec] N,
                                        073[deg]23[min]46[sec] W.
                                       44[deg]46[min]29[sec] N,
                                        073[deg]23[min]46[sec] W.
------------------------------------------------------------------------
8.7 Lake Champlain Dragon Boat       Event Type: Row
 Festival.                           and Paddle Boat Race.
                                     Sponsor:
                                     Dragonheart Vermont.
                                     Date: August 8,
                                     2010.
                                     Time: 7 am to 5
                                     pm.
                                     Location: The
                                     regulated area includes all waters
                                     of Burlington Bay within the
                                     following points (NAD 83):
                                       44[deg]28[min]51[sec] N,
                                        073[deg]13[min]28[sec] W.
                                       44[deg]28[min]40[sec] N,
                                        073[deg]13[min]40[sec] W.
                                       44[deg]28[min]37[sec] N,
                                        073[deg]13[min]29[sec] W.
                                       44[deg]28[min]40[sec] N,
                                        073[deg]13[min]17[sec] W.
------------------------------------------------------------------------
8.8 Monhegan Island Race..........   Event Type:
                                     Regatta and Boat Race.
                                     Sponsor: Portland
                                     Yacht Club.
                                     Date: August 12,
                                     2010 through August 15, 2010.
                                     Time: 11 am on
                                     day one until 10 am on day three.

[[Page 625]]

 
                                     Location: The
                                     regulated area for the start of the
                                     race includes all waters of Casco
                                     Bay, Maine in the vicinity of Long
                                     Island within the following points
                                     (NAD 83):
                                       43[deg]41[min]55[sec] N,
                                        070[deg]11[min]05[sec] W.
                                       43[deg]41[min]55[sec] N,
                                        070[deg]09[min]32[sec] W.
                                       43[deg]42[min]53[sec] N,
                                        070[deg]09[min]32[sec] W.
                                       43[deg]42[min]53[sec] N,
                                        070[deg]11[min]05[sec] W.
------------------------------------------------------------------------
8.9 Greater Burlington YMCA Lake     Event Type: Swim.
 Swim.
                                     Sponsor: Greater
                                     Burlington YMCA.
                                     Date: August 14,
                                     2010.
                                     Time: 8 am to 6
                                     pm.
                                     Location: The
                                     regulated area includes all waters
                                     in Lake Champlain in the vicinity
                                     of North Hero Island within the
                                     following points (NAD 83):
                                       44[deg]46[min]55[sec] N,
                                        073[deg]22[min]14[sec] W.
                                       44[deg]47[min]08[sec] N,
                                        073[deg]19[min]05[sec] W.
                                       44[deg]46[min]48[sec] N,
                                        073[deg]17[min]13[sec] W.
                                       44[deg]46[min]09[sec] N,
                                        073[deg]16[min]39[sec] W.
                                       44[deg]41[min]08[sec] N,
                                        ;073[deg]20[min]58[sec] W.
                                       44[deg]41[min]36[sec] N,
                                        073[deg]23[min]01[sec] W.
------------------------------------------------------------------------
8.10 Winter Harbor Lobster Boat      Event Type: Power
 Races.                              Boat Race.
                                     Sponsor: Winter
                                     Harbor Chamber of Commerce.
                                     Date: August 14,
                                     2010.
                                     Time: 10 am to 3
                                     pm.
                                     Location: The
                                     regulated area includes all waters
                                     of Winter Harbor, Maine within the
                                     following points (NAD 83):
                                       44[deg]22[min]06[sec] N,
                                        068[deg]05[min]13[sec] W.
                                       44[deg]23[min]06[sec] N,
                                        068[deg]05[min]08[sec] W.
                                       44[deg]23[min]04[sec] N,
                                        068[deg]04[min]37[sec] W.
                                       44[deg]22[min]05[sec] N,
                                        068[deg]04[min]44[sec] W.
------------------------------------------------------------------------
8.11 Lake Champlain Antique Boat     Event Type:
 Show.                               Regatta and Boat Parade.
                                     Sponsor: Lake
                                     Champlain Antique and Classic Boat
                                     Society.
                                     Date: August 14,
                                     2010.
                                     Time: 5 pm to 6
                                     pm.
                                     Location: The
                                     regulated area includes all waters
                                     of Burlington Bay within the
                                     following points (NAD 83):
                                       44[deg]28[min]51[sec] N,
                                        073[deg]13[min]28[sec] W.
                                       44[deg]28[min]40[sec] N,
                                        073[deg]13[min]36[sec] W.
                                       44[deg]28[min]33[sec] N,
                                        073[deg]13[min]31[sec] W.
                                       44[deg]28[min]33[sec] N,
                                        073[deg]13[min]18[sec] W.
------------------------------------------------------------------------
8.12 Tri for a Cure Triathlon.....   Event Type: Swim.
                                     Sponsor: Maine
                                     Cancer Foundation.
                                     Date: August 15,
                                     2010.
                                     Time: 8 am to 2
                                     pm.
                                     Location: The
                                     regulated area includes all waters
                                     of Portland Harbor, Maine in the
                                     vicinity of Spring Point Light
                                     within the following points (NAD
                                     83):
                                       43[deg]39[min]01[sec] N,
                                        070[deg]13[min]32[sec] W.
                                       43[deg]39[min]07[sec] N,
                                        070[deg]13[min]29[sec] W.
                                       43[deg]39[min]06[sec] N,
                                        070[deg]13[min]41[sec] W.
                                       43[deg]39[min]01[sec] N,
                                        070[deg]13[min]36[sec] W.
------------------------------------------------------------------------
8.13 Merritt Brackett Lobster Boat   Event Type: Power
 Races.                              Boat Race.
                                     Sponsor: Town of
                                     Bristol, Maine.
                                     Date: August 15,
                                     2010.
                                     Time: 10 am to 3
                                     pm.
                                     Location: The
                                     regulated area includes all waters
                                     of Pemaquid Harbor, Maine within
                                     the following points (NAD 83):
                                       43[deg]52[min]16[sec] N,
                                        069[deg]32[min]10[sec] W.
                                       43[deg]52[min]41[sec] N,
                                        069[deg]31[min]43[sec] W.
                                       43[deg]52[min]35[sec] N,
                                        069[deg]31[min]29[sec] W.
                                       43[deg]52[min]09[sec] N,
                                        069[deg]31[min]56[sec] W.
------------------------------------------------------------------------
8.14 MS Poker Run.................   Event Type:
                                     Regatta and Boat Parade.
                                     Sponsor: Maine
                                     Chapter, Multiple Sclerosis
                                     Society.
                                     Date: August 21,
                                     2010.
                                     Time: 11 am to 2
                                     pm.
                                     Location: The
                                     regulated area for the start of the
                                     race includes all waters of Casco
                                     Bay, Maine in the vicinity of
                                     Little Diamond Island and Fort
                                     Gorges within the following points
                                     (NAD 83):
                                       43[deg]39[min]40[sec] N,
                                        070[deg]13[min]24[sec] W.

[[Page 626]]

 
                                       43[deg]39[min]33[sec] N,
                                        070[deg]13[min]24[sec] W.
                                       43[deg]39[min]33[sec] N,
                                        070[deg]13[min]13[sec] W.
                                       43[deg]39[min]40[sec] N,
                                        070[deg]13[min]13[sec] W.
------------------------------------------------------------------------
8.15 Come Boating! Row Regatta....   Event Type: Row
                                     and Paddle Boat Race.
                                     Sponsor: Come
                                     Boating!
                                     Date: August 21,
                                     2010.
                                     Time: 9:30 am to
                                     4 pm.
                                     Location: The
                                     regulated area includes all waters
                                     of Belfast Bay, in the vicinity of
                                     Belfast, Maine within the following
                                     points (NAD 83):
                                       44[deg]25[min]50[sec] N,
                                        069[deg]00[min]00[sec] W.
                                       44[deg]25[min]14[sec] N,
                                        068[deg]58[min]08[sec] W.
                                       44[deg]25[min]03[sec] N,
                                        068[deg]58[min]16[sec] W.
                                       44[deg]25[min]43[sec] N,
                                        068[deg]00[min]13[sec] W.
------------------------------------------------------------------------
8.16 MS Regatta...................   Event Type:
                                     Regatta and Sailboat Race.
                                     Sponsor: Maine
                                     Chapter, Multiple Sclerosis
                                     Society.
                                     Date: August 21,
                                     2010.
                                     Time: 10 am to 4
                                     pm.
                                     Location: The
                                     regulated area for the start of the
                                     race includes all waters of Casco
                                     Bay, Maine in the vicinity of Peaks
                                     Island within the following points
                                     (NAD 83):
                                       43[deg]40[min]24[sec] N,
                                        070[deg]14[min]20[sec] W.
                                       43[deg]40[min]36[sec] N,
                                        070[deg]13[min]56[sec] W.
                                       43[deg]39[min]58[sec] N,
                                        070[deg]13[min]21[sec] W.
                                       43[deg]39[min]46[sec] N,
                                        070[deg]13[min]51[sec] W.
------------------------------------------------------------------------
8.17 Maine Retired Skippers Race..   Event Type:
                                     Regatta and Boat Race.
                                     Sponsor: Maine
                                     Retired Skippers Race Committee.
                                     Date: August 21,
                                     2010.
                                     Time: 12 pm to 6
                                     pm.
                                     Location: The
                                     regulated area for the start of the
                                     race includes all waters of Castine
                                     Harbor, Maine in the vicinity of
                                     Dice Head within the following
                                     points (NAD 83):
                                       44[deg]22[min]52[sec] N,
                                        068[deg]49[min]23[sec] W.
                                       44[deg]22[min]52[sec] N,
                                        068[deg]48[min]39[sec] W.
                                       44[deg]22[min]32[sec] N,
                                        068[deg]48[min]39[sec] W.
                                       44[deg]22[min]32[sec] N,
                                        068[deg]49[min]23[sec] W.
------------------------------------------------------------------------
8.18 Tour Di Verona...............   Event Type: Row
                                     and Paddle Boat Race.
                                     Sponsor: Baldwin
                                     Boat Co.
                                     Date: August 21,
                                     2010.
                                     Time: 12 pm to 3
                                     pm.
                                     Location: The
                                     regulated area includes all waters
                                     of the Penobscot River, on the
                                     shore side of Verona Island, Maine
                                     within the following points (NAD
                                     83):
                                       44[deg]34[min]10[sec] N,
                                        068[deg]47[min]30[sec] W.
                                       44[deg]33[min]14[sec] N,
                                        068[deg]48[min]21[sec] W.
                                       44[deg]31[min]33[sec] N,
                                        068[deg]48[min]06[sec] W.
                                       44[deg]30[min]02[sec] N,
                                        068[deg]46[min]54[sec] W.
                                       44[deg]30[min]34[sec] N,
                                        068[deg]45[min]38[sec] W.
                                       44[deg]31[min]58[sec] N,
                                        068[deg]45[min]27[sec] W.
                                       44[deg]32[min]42[sec] N,
                                        068[deg]46[min]05[sec] W.
                                       44[deg]33[min]58[sec] N,
                                        068[deg]46[min]35[sec] W.
------------------------------------------------------------------------
8.19 MS Harborfest Tugboat Muster.   Event Type: Power
                                     Boat Race.
                                     Sponsor: Maine
                                     Chapter, National Multiple
                                     Sclerosis Society.
                                     Date: August 22,
                                     2010.
                                     Time: 10 am to 3
                                     pm.
                                     Location: The
                                     regulated area includes all waters
                                     of Portland Harbor, Maine within
                                     the following points (NAD 83):
                                       43[deg]40[min]24[sec] N,
                                        070[deg]14[min]20[sec] W.
                                       43[deg]40[min]36[sec] N,
                                        070[deg]13[min]56[sec] W.
                                       43[deg]39[min]58[sec] N,
                                        070[deg]13[min]21[sec] W.
                                       43[deg]39[min]46[sec] N,
                                        070[deg]13[min]51[sec] W.
------------------------------------------------------------------------
8.20 Rockland Breakwater Swim.....   Event Type: Swim.
                                     Sponsor: Pen-Bay
                                     Masters.
                                     Date: August 28,
                                     2010.
                                     Time: 8:30 am to
                                     12:30 pm.
                                     Location: The
                                     regulated area includes all waters
                                     of Rockland Harbor, Maine in the
                                     vicinity of Jameson Point within
                                     the following points (NAD 83):
                                       44[deg]06[min]15[sec] N,
                                        069[deg]04[min]38[sec] W.

[[Page 627]]

 
                                       44[deg]06[min]13[sec] N,
                                        069[deg]04[min]36[sec] W.
                                       44[deg]06[min]12[sec] N,
                                        069[deg]04[min]43[sec] W.
                                       44[deg]06[min]17[sec] N,
                                        069[deg]04[min]44[sec] W.
                                       44[deg]06[min]17[sec] N,
                                        069[deg]04[min]40[sec] W.
------------------------------------------------------------------------


 
                9.0                               September
------------------------------------------------------------------------
9.1 Windjammer Weekend Fireworks..   Event Type:
                                     Fireworks Display.
                                     Sponsor: Town of
                                     Camden, Maine.
                                     Date: September
                                     3, 2010.
                                     Time: 8 pm to
                                     10:30 pm.
                                     Location: From a
                                     barge in the vicinity of Northeast
                                     Point, Camden Harbor, Maine in
                                     approximate position
                                     44[deg]12[min]32[sec] N,
                                     069[deg]02[min]58[sec] W (NAD 83).
------------------------------------------------------------------------
9.2 Windjammer Weekend............   Event Type:
                                     Regatta and Boat Parade.
                                     Sponsor:
                                     Windjammer Weekend Committee.
                                     Date: September
                                     4, 2010 through September 6, 2010.
                                     Time: 9 am to 10
                                     pm.
                                     Location: The
                                     regulated area includes all waters
                                     in Camden Harbor, Camden, Maine
                                     within the following points (NAD
                                     83):
                                       44[deg]12[min]13[sec] N,
                                        069[deg]03[min]18[sec] W.
                                       44[deg]12[min]33[sec] N,
                                        069[deg]02[min]47[sec] W.
------------------------------------------------------------------------
9.3 The Lobsterman Triathlon......   Event Type: Swim.
                                     Sponsor: Tri-
                                     Maine Productions.
                                     Date: September
                                     18, 2010.
                                     Time: 8 am to 10
                                     am.
                                     Location: The
                                     regulated area includes all waters
                                     in the vicinity of Winslow Park in
                                     South Freeport, Maine within the
                                     following points (NAD 83):
                                       43[deg]47[min]59[sec] N,
                                        070[deg]06[min]56[sec] W.
                                       43[deg]47[min]44[sec] N,
                                        070[deg]06[min]56[sec] W.
                                       43[deg]47[min]44[sec] N,
                                        070[deg]07[min]27[sec] W.
                                       43[deg]47[min]57[sec] N,
                                        070[deg]07[min]27[sec] W.
------------------------------------------------------------------------
9.4 Eliot Festival Day Fireworks..   Event Type:
                                     Fireworks Display.
                                     Sponsor: Eliot
                                     Festival Day Committee.
                                     Date: September
                                     25, 2010.
                                     Time: 8 pm to
                                     10:30 pm.
                                     Location: In the
                                     vicinity of Eliot Town Boat Launch,
                                     Eliot, Maine in approximate
                                     position 43[deg]08[min]56[sec] N,
                                     070[deg]49[min]52[sec] W (NAD 83).
------------------------------------------------------------------------

    (b) Notification. Coast Guard Sector Northern New England will cause 
notice of the enforcement of these temporary safety zones to be made by 
all appropriate means to affect the widest publicity among the effected 
segments of the public, including publication in the Local Notice to 
Mariners and Broadcast Notice to Mariners.
    (c) Effective period. This rule is effective from 8 p.m. on July 3, 
2010 through 11:59 p.m. on September 29, 2010.
    (d) Enforcement period. This section will be enforced for the 
duration of each event indicated in the table above. If the event is 
cancelled due to inclement weather, this section is in effect for the 
day following the scheduled time listed in the table above or as 
indicated in the Local Notice to Mariners. Notification of events held 
on a rain date will be made by Broadcast Notice to Mariners.
    (e) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply. During the enforcement period, entry into, transiting 
through, remaining, mooring or anchoring within these safety zones is 
prohibited unless authorized by the Captain of the Port or his 
designated representatives.
    (2) These temporary safety zones are closed to all vessel traffic, 
except as may be permitted by the Captain of the Port or his designated 
representatives. Vessel operators given permission to enter or operate 
in the safety zones must comply with all directions given to them by the 
Captain of the Port or his designated representatives. Vessels that are 
granted permission to enter or remain within a safety zone may be 
required to be at anchor or moored to a waterfront facility such that 
the vessel's location will not interfere with the progress of the event. 
At all times

[[Page 628]]

when a vessel has been granted permission to enter within a safety zone, 
it shall endeavor to maintain at least 50 yards distance from any event 
participant unless otherwise directed.
    (3) The ``designated representative'' is any Coast Guard 
commissioned, warrant or petty officer who has been designated by the 
Captain of the Port to act on his behalf. The on-scene representative 
may be on a Coast Guard vessel, a state or local law enforcement vessel, 
or other designated craft, or may be on shore and will communicate with 
vessels via VHF-FM radio or loudhailer. In addition, members of the 
Coast Guard Auxiliary may be present to inform vessel operators of this 
regulation.
    (4) Vessel operators desiring to enter or operate within the safety 
zones shall request permission to do so by contacting the Captain of the 
Port Sector Northern New England at 207-767-0303, or via VHF Channel 16.
    (5) The Captain of the Port or his designated representative may 
direct the delay, cancellation, or relocation of the specific area to be 
regulated within the generally described locations listed in the EVENTS 
TABLE above to ensure safety and compliance with environmental laws. 
Such changes in implementation of the safety zones may be required as a 
result of factors that could affect their associated marine events such 
as weather, vessel traffic density, spectator activities, participant 
behavior or potential environmental impacts.

    Effective Date Note: By USCG-2010-0315, 75 FR 32285, June 8, 2010, 
temporary Sec. 165.T01-0315 was added, effective June 8, 2010 through 
11:59 p.m. on Sept. 29, 2010.



Sec. 165.T01-0519  Safety zone; ship repair in Penobscot Bay, ME.

    (a) Location. The following area is a safety zone: All waters within 
a 100 yard radius of the drill ship STENA FORTH while at anchor in 
Penobscot Bay, Maine, in approximate position: 44[deg]06[min]54[sec] N., 
069[deg]02[min]54[sec] W., one mile northeast of Rockland Harbor 
Breakwater Light (LLNR 4130), and approximately one and a half miles 
north of Owl's Head, Maine.
    (b) Notification. Coast Guard Sector Northern New England will cause 
notice of the enforcement of this temporary safety zone to be made by 
all appropriate means to effect the widest publicity among the affected 
segments of the public, including publication in the Local Notice to 
Mariners and Broadcast Notice to Mariners.
    (c) Effective period. This safety zone is effective from 12:01 a.m. 
on June 15, 2010, until 11:59 p.m. on July 5, 2010.
    (d) Enforcement Period. The safety zone in this section will be 
enforced while the drill ship STENA FORTH is at anchor in Penobscot Bay, 
Maine.
    (e) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply. During the enforcement period, entry into, transiting, 
mooring, anchoring or remaining within this safety zone is prohibited 
unless authorized by the Captain of the Port or his designated 
representatives.
    (2) This temporary safety zone is closed to all vessel traffic, 
except as may be permitted by the Captain of the Port or his designated 
representative. Vessel operators given permission to enter or operate in 
the safety zone must comply with all directions given to them by the 
Captain of the Port or his designated representatives.
    (3) The ``designated representative'' is any Coast Guard 
commissioned, warrant, or petty officer who has been designated by the 
Captain of the Port to act on his behalf. The on-scene representative 
may be on a Coast Guard vessel, a Coast Guard Auxiliary vessel, or 
onboard a local or state agency vessel that is authorized to act in 
support of the Coast Guard. In addition, members of the Coast Guard 
Auxiliary or Cianbro repair crew may be present to inform vessel 
operators of this regulation.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port or his designated 
representative by telephone at 207-767-0303 or via VHF radio channel 16 
to obtain permission to do so.

    Effective Date Note: By USCG-2010-0519, 75 FR 35301, June 22, 2010, 
temporary Sec. 165.T01-0519 was added, effective June 22, 2010 through 
11:59 p.m. on July 5, 2010.

[[Page 629]]



Sec. 165.T01-0542  Safety Zones: Neptune Deepwater Port, Atlantic Ocean, 

Boston, MA.

    (a) Location. The following areas are safety zones: All navigable 
waters of the United States within a 500-meter radius of each of the two 
STL buoys of the Neptune Deepwater Port, marked on the surface of the 
water by several small, white buoys labeled LNG with red flags and 
radar-reflected buoys known as ``Hi Flyers'' located at approximate 
positions 42[deg]29[min]12.3[sec] N, 070[deg]36[min]29.7[sec] W and 
42[deg] 27[min]20.5[sec] N, 070[deg]36[min]07.3[sec] W. [NAD83].
    (b) Notification. Coast Guard Sector Boston will cause notice of the 
enforcement of this temporary safety zone to be made by all appropriate 
means to affect the widest publicity among the effected segments of the 
public, including publication in the Local Notice to Mariners and 
Broadcast Notice to Mariners.
    (c) Enforcement period. This safety zone will be enforced at 12:01 
a.m. Saturday June 12, 2010 until 11:59 p.m. December 31, 2010.
    (d) Definitions. As used in this section:
    Authorized representative means a Coast Guard commissioned, warrant, 
or petty officer or a Federal, State, or local law enforcement officer 
designated by or assisting the Captain of the Port Boston (COTP).
    Deepwater port means any facility or structure meeting the 
definition of deepwater port in 33 CFR 148.5.
    Support vessel means any vessel meeting the definition of support 
vessel in 33 CFR 148.5.
    (e) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) In accordance with the general regulations entry into or 
movement within these safety zones is prohibited unless authorized by 
the Captain of the Port Boston. Liquefied Natural Gas Carrier vessels 
and related Support Vessels calling on the Neptune Deepwater Port are 
authorized to enter and move within the safety zones of this section in 
the normal course of their operations.
    (3) All persons and vessels shall comply with the Coast Guard 
Captain 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 shall 
proceed as directed.
    (5) Persons and vessels may contact the Coast Guard to request 
permission to enter the zone on VHF-FM Channel 16 or via phone at 617-
223-5761.

[USCG-2010-0542, 75 FR 34932, June 21, 2010]

    Effective Date Note: By USCG-2010-0542, 75 FR 34932, June 21, 2010, 
temporary Sec. 165.T01-0542 was added, effective June 21, 2010 until 
11:59 p.m., Dec. 31, 2010.



Sec. 165.100  Regulated Navigation Area: Navigable waters within the First 

Coast Guard District.

    (a) Regulated navigation area. All navigable waters of the United 
States, as that term is used in 33 CFR 2.36, within the geographic 
boundaries of the First Coast Guard District, as defined in 33 CFR 3.05-
1(b).
    (b) Definitions. Terms used in this section have the same meaning as 
those found in 33 CFR 157.03. Single-hull identifies any tank barge that 
is not a double-hull tank barge.
    (c) Applicability. This section applies to primary towing vessels 
engaged in towing tank barges carrying petroleum oil in bulk as cargo in 
the regulated navigation area, or as authorized by the District 
Commander.
    (d) Regulations--(1) Positive control for barges. (i) Except as 
provided in paragraph (d)(1)(iii) and paragraph 5 of this section, each 
single hull tank barge, unless being towed by a primary towing vessel 
with twin-screw propulsion and with a separate system for power to each 
screw, must be accompanied by an escort tug of sufficient capability to 
promptly push or tow the tank barge away from danger of grounding or 
collision in the event of--
    (A) A propulsion failure;
    (B) A parted towing line;
    (C) A loss of tow;
    (D) A fire;
    (E) Grounding;
    (F) A loss of steering; or
    (G) Any other time a vessel may be operating in a Hazardous Vessel 
Operating Condition as defined in Sec. 161.2 of this Chapter.

[[Page 630]]

    (ii) Double-hull tank barges are exempt from paragraph (d)(1)(i) of 
this section.
    (iii) The cognizant Captain of the Port (COTP), upon written 
application, may authorize an exemption from the requirements of 
paragraph (d)(1)(i) of this section for--
    (A) Any tank barge with a capacity of less than 25,000 barrels, 
operating in an area with limited depth or width such as a creek or 
small river; or
    (B) Any tank barge operating on any waters within the COTP Zone, if 
the operator demonstrates to the satisfaction of the COTP that the barge 
employs an equivalent level of safety to that provided by the positive 
control provisions of this section. Each request for an exemption under 
this paragraph must be submitted in writing to the cognizant COTP no 
later than 7 days before the intended transit.
    (iv) The operator of a towing vessel engaged in towing any tank 
barge must immediately call for an escort or assist tug to render 
assistance in the event of any of the occurrences identified in 
paragraph (d)(1)(i) of this section.
    (2) Enhanced communications. Each vessel engaged in towing a tank 
barge must communicate by radio on marine band or Very High Frequency 
(VHF) channel 13 or 16, and issue security calls on marine band or VHF 
channel 13 or 16, upon approach to the following places:
    (i) Execution Rocks Light (USCG Light List No. [LLNR] 21440).
    (ii) Matinecock Point Shoal Buoy (LLNR 21420).
    (iii) 32A Buoy (LLNR 21380).
    (iv) Cable and Anchor Reef Buoy (LLNR 21330).
    (v) Stratford Middle Ground Light (LLNR 21260).
    (vi) Old Field Point Light (LLNR 21275).
    (vii) Approach to Stratford Point from the south (NOAA Chart 12370).
    (viii) Falkner Island Light (LLNR 21170).
    (ix) TE Buoy (LLNR 21160).
    (x) CF Buoy (LLNR 21140).
    (xi) PI Buoy (LLNR 21080).
    (xii) Race Rock Light (LLNR 19815).
    (xiii) Valiant Rock Buoy (LLNR 19825).
    (xiv) Approach to Point Judith in vicinity of Block Island ferry 
route.
    (xv) Buzzards Bay Entrance Light (LLNR 630).
    (xvi) Buzzards Bay Midchannel Lighted Buoy (LLNR 16055)
    (xvii) Cleveland East Ledge Light (LLNR 16085).
    (xviii) Hog Island buoys 1 (LLNR 16130) and 2 (LLNR 16135).
    (xix) Approach to the Bourne Bridge.
    (xx) Approach to the Sagamore Bridge.
    (xxi) Approach to the eastern entrance of Cape Cod Canal.
    (3) Voyage planning. (i) Each owner or operator of a towing vessel 
employed to tow a tank barge shall prepare a written voyage plan for 
each transit of the tank barge.
    (ii) The watch officer is authorized to make modifications to the 
plan and validate it as necessary.
    (iii) Except as provided in paragraph (d)(3)(iv) of this section, 
each voyage plan must contain:
    (A) A description of the type, volume, and grade of cargo.
    (B) Applicable information from nautical charts and publications, 
including Coast Pilot, Coast Guard Light List, and Coast Guard Local 
Notice to Mariners, for the destination(s).
    (C) Current and forecasted weather, including visibility, wind, and 
sea state for the destination(s).
    (D) Data on tides and tidal currents for the destination(s).
    (E) Forward and after drafts of the tank barge, and under-keel and 
vertical clearances for each port and berthing area.
    (F) Pre-departure checklists.
    (G) Calculated speed and estimated times of arrival at proposed 
waypoints.
    (H) Communication contacts at Vessel Traffic Service (VTS) (if 
applicable), bridges, and facilities, and port-specific requirements for 
VHF radio.
    (I) The master's standing orders detailing closest points of 
approach, special conditions, and critical maneuvers.
    (iv) Each owner or operator of a tank barge on an intra-port transit 
of not more than four hours may prepare a voyage plan that contains:

[[Page 631]]

    (A) The information described in paragraphs (d)(3)(iii)(D) and (E) 
of this section.
    (B) Current weather conditions including visibility, wind, and sea 
state. This information may be entered in either the voyage plan or 
towing vessel's log book.
    (C) The channels of VHF radio to monitor.
    (D) Other considerations such as availability of pilot, assist tug, 
berth, and line-handlers, depth of berth at mean low water, danger 
areas, and security calls.
    (4) Navigation restriction areas. Unless authorized by the cognizant 
COTP, no tank barge may operate in--
    (i) The waters of Cape Cod Bay south of latitude 42[deg]5[min] North 
and east of longitude 70[deg]25[min] West; or
    (ii) The waters of Fishers Island Sound east of longitude 
72[deg]2[min] West, and west of longitude 71[deg]55[min] West.
    (5) Special Buzzards Bay regulations. (i) For the purposes of this 
section, ``Buzzards Bay'' is the body of water east and north of a line 
drawn from the southern tangent of Sakonnet Point, Rhode Island, in 
approximate position latitude 41[deg]-27.2[min] North, longitude 
70[deg]-11.7[min] West, to the Buzzards Bay Entrance Light in 
approximate position latitude 41[deg]-23.5[min] North, longitude 
71[deg]-02.0[min] West, and then to the southwestern tangent of 
Cuttyhunk Island, Massachusetts, at approximate position latitude 
41[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 Elizabeth Islands, is not 
considered to be ``Buzzards Bay''.
    (ii) Additional positive control for barges. Except as provided in 
paragraph (d)(1)(iii) of this section, each single hull tank barge 
transiting Buzzards Bay and carrying 5,000 or more barrels of oil or 
other hazardous material must, in addition to its primary tug, be 
accompanied by an escort tug of sufficient capability to promptly push 
or tow the tank barge away from danger of grounding or collision in the 
event of--
    (A) A propulsion failure;
    (B) A parted 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 Vessel 
Operating Condition as defined in Sec. 161.2 of this subchapter.
    (iii) Federal pilotage. Each single hull tank barge transiting 
Buzzards Bay and carrying 5,000 or more barrels of oil or other 
hazardous material must be under the direction and control of a pilot, 
who is not a member of the crew, operating under a valid, appropriately 
endorsed, Federal first class pilot's license issued by the Coast Guard 
(``federally licensed pilot''). Pilots are required to embark, direct, 
and control from the primary tug during transits of Buzzards Bay.
    (iv) In addition to the vessels denoted in Sec. 161.16 of this 
chapter, requirements set forth in subpart B of 33 CFR part 161 also 
apply to any vessel transiting VMRS Buzzards Bay required to carry 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 first notifying 
the VMRS Center;
    (2) Not enter VMRS Buzzards Bay if a Hazardous Vessel Operating 
Condition or circumstance per Sec. 161.2 of this Subchapter exists;
    (3) If towing astern, do so with as short a hawser as safety and 
good seamanship permits;
    (4) Not meet, cross, or overtake any other VMRS user in the area 
without first notifying the VMRS center;
    (5) Before meeting, crossing, or overtaking any other VMRS user in 
the area, communicate on the designated vessel bridge-to-bridge 
radiotelephone frequency, intended navigation movements, and any other 
information necessary in order to make safe passing arrangements. This 
requirement does not relieve a vessel of any duty prescribed by the 
International Regulations for Prevention of Collisions at Sea, 1972 (33 
U.S.C. 1602(c)) or the Inland Navigation Rules (33 U.S.C. 2005).
    (B) [Reserved]

[[Page 632]]

    (e) In addition to the authority for this part 165, this section is 
also authorized under authority of section 311, Pub. L. 105-383.

[CGD1-98-151, 63 FR 71770, Dec. 30, 1998, as amended by CGD01-98-151, 64 
FR 12749, Mar. 15, 1999; USCG-1999-5832, 64 FR 34715, June 29, 1999; 
CGD01-98-151, 65 FR 35838, June 6, 2000; 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. 165.101  Kittery, Maine--regulated navigation area.

    (a) The following is a regulated navigation area--Waters within the 
boundaries of a line beginning at 43[deg]04[min]50[sec] N, 
70[deg]44[min]52[sec] W; then to 43[deg]04[min]52[sec] N, 
70[deg]44[min]53[sec] W; then to 43[deg]04[min]59[sec] N, 
70[deg]44[min]46[sec] W; then to 43[deg]05[min]05[sec] N, 
70[deg]44[min]32[sec] W; then to 43[deg]05[min]03[sec] N, 
70[deg]44[min]30[sec] W; then to the beginning point.
    (b) Regulations. No vessel may operate in this area at a speed in 
excess of five miles per hour.



Sec. 165.102  Security Zone: Walkers Point, Kennebunkport ME.

    (a) Location. The following area is a security zone: From point of 
land located on Cape Arundel at latitude 43[deg]20.4[min] North, 
Iongitude 070[deg]28.0[min] West; thence to a point approximately 500 
yards southwest of Walkers Point located at latitude 43[deg]20.2[min] 
North, longitude 070[deg]27.9[min] West; thence to a point located 
approximately 500 yards south of Walkers Point at latitude 
43[deg]20.1[min] North, longitude 070[deg]27.6[min] West; thence to a 
point located approximately southeast of Walkers Point at latitude 
43[deg]20.4[min] North, longitude 070[deg]27.2[min] West; thence to an 
unnamed point of land located at 43[deg]20.9[min] North, longitude 
070[deg]27.1[min] West; thence along the shoreline of Walkers Point to 
the beginning point. The aforementioned offshore positions are 
approximated by white buoys marked in orange indicating an exclusionary 
area.
    (b) Regulations. (1) In accordance with the general regulations in 
Sec. 165.33 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port, Portland, Maine. Section 165.33 
also contained other general requirements.
    (2) No person may swim upon or below the surface of the water within 
the boundaries of this security zone.

[CGDI 89-008, 54 FR 13883, Apr. 6, 1989]



Sec. 165.103  Safety and Security Zones; LPG Vessel Transits in Portland, 

Maine, Captain of the Port Zone, Portsmouth Harbor, Portsmouth, New Hampshire.

    (a) Location. The following areas are safety and security zones: (1) 
Except as provided in paragraph (a) (2) of this section, all navigable 
waters of the Portland, Maine, Captain of the Port zone, as defined in 
33 CFR 3.05-15, one mile ahead, one half mile astern, and 1000-yards on 
either side of any Liquefied Petroleum Gas vessel.
    (2) All waters of the Piscataqua River within a 500-yard radius of 
any Liquefied Petroleum Gas (LPG) vessel while it is moored at the LPG 
receiving facility on the Piscataqua River, Newington, New Hampshire.
    (b) Definitions. For purposes of this section, navigable waters of 
the United States includes all waters of the territorial sea as 
described in Presidential Proclamation No. 5928 of December 27, 1988. 
Presidential Proclamation No. 5928 of December 27, 1988 declared that 
the territorial sea of the United States extends to 12 nautical miles 
from the baseline of the United States.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec. Sec. 165.23 and 165.33 of this part, entry into or movement within 
these zones is prohibited unless previously authorized by the Captain of 
the Port (COTP), Portland, Maine.
    (2) All persons and vessels shall comply with the instructions of 
the COTP or the designated on-scene U.S. Coast Guard patrol personnel. 
On-scene Coast Guard patrol personnel include commissioned, warrant, and 
petty officers of the Coast Guard on board Coast Guard, Coast Guard 
Auxiliary, and local, state, and federal law enforcement vessels. 
Emergency response vessels are authorized to move within the zone, but 
must abide by restrictions imposed by the Captain of the Port.
    (3) No person may swim upon or below the surface of the water within 
the boundaries of the safety and security zones unless previously 
authorized

[[Page 633]]

by the Captain of the Port, Portland, Maine or his authorized patrol 
representative.
    (d) The Captain of the Port will notify the maritime community and 
local agencies of periods during which these safety and security zones 
will be in effect by providing notice of arrivals and departures of LPG 
vessels via the telephone and/or Marine Safety Information Radio 
Broadcasts.

[CGD01-02-045, 67 FR 56487, Sept. 4, 2002]



Sec. 165.104  Safety Zone: Vessel Launches, Bath Iron Works, Kennebec River, 

Bath, Maine.

    (a) Location. The following is a safety zone: all waters of the 
Kennebec River within a 150-yard radius of the Bath Iron Works dry dock 
while it is being moved to and from its moored position at the Bath Iron 
Works Facility in Bath, Maine to a deployed position in the Kennebec 
River, and while launching or recovering vessels.
    (b) Regulations. (1) In accordance with the general regulations in 
Sec. 165.23 of this part, entry into or movement within this zone is 
prohibited unless authorized by the Captain of the Port, Portland, 
Maine.
    (2) All vessel operators shall comply with the instructions of the 
COTP or the designated on-scene U. S. Coast Guard patrol personnel. On-
scene Coast Guard patrol personnel include commissioned, warrant and 
petty officers of the Coast Guard on board Coast Guard, Coast Guard 
Auxiliary, local, state and federal law enforcement vessels.
    (c) Notifications. The Captain of the Port will notify the maritime 
community of periods during which this safety zone will be in effect by 
providing advance notice via Marine Safety Information Radio Broadcasts.

[CGD01-01-155, 67 FR 49582, July 31, 2002]



Sec. 165.105  Security Zones; Passenger Vessels, Portland, Maine, Captain of 

the Port Zone.

    (a) Definition. ``Passenger vessel'' as used in this section means a 
passenger vessel over 100 gross tons authorized to carry more than 500 
passengers for hire making voyages, any part of which is on the high 
seas, and for which passengers are embarked, disembarked or pay a port 
call, in the Portland, Maine, Captain of the Port zone as delineated in 
33 CFR 3.05-15.
    (b) Location. The following areas are security zones:
    (1) All navigable waters within the Portland, Maine, Captain of the 
Port Zone, extending from the surface to the sea floor, within a 100-
yard radius of any passenger vessel that is anchored, moored, or in the 
process of mooring.
    (2) All navigable waters, within the Portland, Maine, Captain of the 
Port Zone, extending from the surface to the sea floor, extending 200 
yards ahead, and 100 yards aside and astern of any passenger vessel that 
is underway.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec. 165.33 of this part, entry into or movement within these zones is 
prohibited unless previously authorized by the Coast Guard Captain of 
the Port, Portland, Maine (COTP) or his designated representative.
    (2) All persons and vessels must comply with the instructions of the 
COTP or the designated on-scene Coast Guard patrol personnel. On-scene 
Coast Guard patrol personnel include commissioned, warrant and petty 
officers of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, 
and local, state and federal law enforcement vessels. Emergency response 
vessels are authorized to move within the zone, but must abide by 
restrictions imposed by the COTP or his designated representative.
    (3) No person may swim upon or below the surface of the water within 
the boundaries of these security zones unless previously authorized by 
the COTP or his designated representative.
    (d) Enforcement. The Captain of the Port will enforce these zones 
and may enlist the aid and cooperation of any Federal, state, county, 
municipal, or private agency to assist in the enforcement of the 
regulation.

[CGD01-03-001, 68 FR 22305, Apr. 28, 2003]



Sec. 165.106  Security Zone: Seabrook Nuclear Power Plant, Seabrook, New 

Hampshire.

    (a) Location. The following area is a security zone: All land and 
waters within 250 yards of the waterside property boundary of Seabrook 
Nuclear

[[Page 634]]

Power Plant identified as follows: beginning at position 
42[deg]53[min]58[sec] N, 070[deg]51[min]06[sec] W then running along the 
property boundaries of Seabrook Nuclear Power Plant to position 
42[deg]53[min]46[sec] N, 070[deg]51[min]06[sec] W. All coordinates 
reference 1983 North American Datum (NAD 83).
    (b) Regulations. (1) In accordance with the general regulations in 
Sec. 165.33 of this part, entry into or movement within this zone is 
prohibited unless authorized by the Captain of the Port, Portland, Maine 
(COTP).
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port, Portland, Maine or designated on-
scene U.S. Coast Guard patrol personnel. On-scene Coast Guard patrol 
personnel include commissioned, warrant, and petty officers of the Coast 
Guard on board Coast Guard, Coast Guard Auxiliary, local, state and 
federal law enforcement vessels.
    (3) No person may swim upon or below the surface of the water within 
the boundaries of this security zone.

[CGD01-02-092, 67 FR 64815, Oct. 22, 2002]



Sec. 165.110  Safety and Security Zone; Liquefied Natural Gas Carrier Transits 

and Anchorage Operations, Boston, Massachusetts.

    (a) Definitions. As used in this section--
    Authorized representative means a Coast Guard commissioned, warrant, 
or petty officer or a Federal, State, or local law enforcement officer 
designated by or assisting the Captain of the Port (COTP) Boston.
    Deepwater port means any facility or structure meeting the 
definition of deepwater port in 33 CFR 148.5.
    Support vessel means any vessel meeting the definition of support 
vessel in 33 CFR 148.5.
    (b) Location. The following areas are safety and security zones:
    (1) Vessels underway. All navigable waters of the United States 
within the Captain of the Port (COTP) Boston zone, as defined in 33 CFR 
3.05-10, two miles ahead and one mile astern, and 500 yards on each side 
of any liquefied natural gas carrier (LNGC) vessel while underway.
    (2) Vessels anchored in the Broad Sound. All waters within a 500-
yard radius of any anchored LNGC vessel located in the waters of Broad 
Sound bounded by a line starting at position 42 deg. 25[min] N, 070 deg. 
58[min] W; then running southeast to position 42 deg. 22[min] N, 070 
deg. 56[min] W; then running east to position 42 deg. 22[min] N, 070 
deg. 50[min] W; then running north to position 42 deg. 25[min] N, 070 
deg. 50[min] W; then running west back to the starting point (NAD 83).
    (3) Vessels moored at the Distrigas LNG facility. All waters within 
a 400-yard radius of any LNGC vessel moored at the Distrigas LNG 
facility in Everett, MA.
    (4) Vessels calling on a deepwater port. All waters within a 500-
meter radius of any LNGC engaged in regasification or transfer, or 
otherwise moored, anchored, or affixed to a deepwater port listed in 33 
CFR 150.490 and falling within the waters of the Boston COTP Zone, as 
defined in 33 CFR 3.05-10.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec. 165.23 and Sec. 165.33 of this part, entry into or movement within 
these zones is prohibited unless authorized by the Captain of the Port 
Boston, or his/her authorized representative.
    (2) No person or vessel may enter the waters within the boundaries 
of the safety and security zones described in paragraph (b) of this 
section unless previously authorized by the COTP Boston, or his/her 
authorized representative. However, LNGCs and support vessels, as 
defined in 33 CFR 148.5, operating in the vicinity of NEGDWP are 
authorized to enter and move within such zones in the normal course of 
their operations following the requirements set forth in 33 CFR 150.340 
and 150.345, respectively.
    (3) All vessels operating within the safety and security zones 
described in paragraph (b) of this section must comply with the 
instructions of the COTP or his/her authorized representative.

[CGD01-02-023, 67 FR 63263, Oct. 11, 2002, as amended by USCG-2007-0087, 
73 FR 34194, June 17, 2008]



Sec. 165.111  Safety Zone: Boston Harbor, Boston, Massachusetts.

    (a) The following areas are established as safety zones during the 
conditions specified:
    (1) Around the U.S.S. Constitution or any accompanying parade 
vessels when

[[Page 635]]

Constitution is under way--300 yards in all directions in the waters 
around the U.S.S. Constitution and each parade vessel accompanying 
Constitution whenever the U.S.S. Constitution is underway in Boston 
Harbor from the time such vessels depart their respective berths until 
the time they complete their transit and are safely moored.
    (2) Whenever Constitution is moored at Pier 1, Charlestown Navy 
Yard--the waters between Hoosac Pier and Pier 1, Charlestown Navy Yard, 
from the imaginary line connecting the outer easternmost point 
protruding into Boston Harbor from Hoosac Pier to the outer westernmost 
point protruding into Boston Harbor from Pier 1, Charlestown Navy Yard, 
extending inbound along the face of both piers to the landside points 
where both piers end.
    (3) Around the U.S.S. Constitution--fifty yards in all directions in 
the waters around Constitution when the vessel is moored at any Boston 
berthing location other than Pier 1, Charlestown Navy Yard.
    (b) The general regulations governing safety zones as contained in 
33 CFR 165.23 apply.

[CGD1 91-109, 57 FR 30407, July 9, 1992]



Sec. 165.112  Safety Zone: USS CASSIN YOUNG, Boston, Massachusetts.

    (a) Location. The following area is a safety zone:
    Around the USS CASSIN YOUNG (DD-793) and any accompanying parade 
vessels when the USS CASSIN YOUNG is underway. The zone extends 100 
yards in all directions in the waters around the USS CASSIN YOUNG and 
accompanying parade vessels whenever the USS CASSIN YOUNG is underway in 
Boston Harbor from the time the USS CASSIN YOUNG departs its berth until 
it is safely moored.
    (b) Regulations. The general regulations governing safety zones as 
contained in 33 CFR 165.23 apply.

[CGD01-93-001, 58 FR 47991, Sept. 14, 1993]



Sec. 165.113  Security Zone: Dignitary arrival/departure Logan International 

Airport, Boston, MA

    (a) Location. The permanent security zone consists of four sectors 
that may be activated in part, or in whole, upon the request of the U.S. 
Secret Service. These zones are for the protection of the President or 
Vice President of the United States, as well as visiting heads of 
foreign states or foreign governments arriving at, or departing from, 
Logan International Airport and as determined by the transit route 
across Boston Harbor. The security zone will be as follows:
    (1) Sector one will go into effect 15 minutes prior to the scheduled 
landing or takeoff of the aircraft carrying either the President, Vice 
President, or visiting heads of foreign states or foreign governments at 
Logan International Airport. Sector one will preclude all vessels from 
approaching within three hundred yards of the Logan International 
Airport shoreline, bound on the west by a line drawn between positions 
42[deg]22[min]45[sec] N., 071[deg]01[min]05[sec] W. and 
42[deg]21[min]48[sec] N., 071[deg]01[min]45[sec] W. (NAD) 1983).
    (2) Sector two will go into effect 15 minutes before the vehicle 
carrying the President, Vice President, or visiting heads of foreign 
states or foreign governments enters the Callahan Tunnel or Sumner 
Tunnel. Sector two may preclude vessels, as necessary, from entering an 
area of the main ship channel, Boston Inner Harbor; fifty yards in all 
directions from a point directly above the Callahan Tunnel or Sumner 
Tunnel.
    (3) Sector three will go into effect 15 minutes before the vehicle 
carrying the President, Vice President, or visiting heads of foreign 
states or foreign governments enters the Ted Williams Tunnel. Sector 
three may preclude vessels, as necessary, from entering an area of the 
main ship channel, Boston Inner Harbor, fifty yards in all directions 
from a point directly above the Ted Williams Tunnel.
    (4) Sector four will go into effect 15 minutes before the President, 
Vice President, or visiting heads of foreign states or foreign 
governments board the designated transport vessel. Sector four will 
preclude all vessels from approaching within three hundred yards in all 
directions from the designated vessel transporting the President, Vice 
President, or visiting heads of foreign states or foreign governments 
between

[[Page 636]]

Logan International Airport and any location in Boston Harbor.
    (5) The activation of a particular sector of this security zone will 
be announced via Safety Marine Information Broadcasts and/or by locally 
issued notices.
    (b) Regulations. (1) The general regulations covering security zones 
contained in 33 CFR 165.33 apply.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated on scene patrol 
personnel. Coast Guard patrol personnel include commissioned, warrant, 
and petty officers of the Coast Guard. Upon being hailed by a Coast 
Guard vessel via siren, radio, flashing light, or other means, the 
operator of a vessel shall proceed as directed.

[CGD01-97-004, 63 FR 16117, Apr. 2, 1998]



Sec. 165.114  Safety and Security Zones: Escorted Vessels--Boston Harbor, 

Massachusetts.

    (a) Location. The following waters within the Boston Captain of the 
Port Zone, 1000 yards ahead and astern, and 100 yards on each side of 
any designated escorted vessel, are established as safety and security 
zones: All waters of Boston Inner Harbor, including the waters of the 
Mystic River, Chelsea River, and Reserved Channel west of a line running 
from Deer Island Light, at position 42[deg]20[min]25[sec] N, 
070[deg]57[min]15[sec] W, to Long Island, at position 
42[deg]19[min]48[sec] N, 070[deg]57[min]15[sec] W, and west of the Long 
Island Bridge, running from Long Island to Moon Head.
    (b) Escorted vessel definition. For the purposes of this section, 
escorted vessels operating in Boston Harbor include the following: Any 
vessels deemed to be in need of escort protection by the Captain of the 
Port, Boston for security reasons.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec. Sec. 165.23 and 165.33 of this part, entry into or movement within 
this zone is prohibited unless authorized by the Captain of the Port 
Boston.
    (2) All vessel operators shall comply with the instructions of the 
COTP or the designated on-scene U.S. Coast Guard patrol personnel. On-
scene Coast Guard patrol personnel include commissioned, warrant, and 
petty officers of the Coast Guard on board Coast Guard, Coast Guard 
Auxiliary, local, state, and federal law enforcement vessels.

[CGD01-01-227, 67 FR 20912, Apr. 29, 2002, as amended by CGD01-01-227, 
67 FR 63265, Oct. 11, 2002]



Sec. 165.115  Safety and Security Zones; Pilgrim Nuclear Power Plant, 

Plymouth, Massachusetts.

    (a) Location. All waters of Cape Cod Bay and land adjacent to those 
waters enclosed by a line beginning at position 41[deg]56[min]59.3[sec] 
N, 070[deg]34[min]58.5[sec] W; thence to 1[deg]57[min]12.2[sec] N, 
070[deg]34[min]41.9[sec] W; thence to 41[deg]56[min]42.3[sec] N, 
070[deg]34[min]00.1[sec] W; thence to 41[deg]56[min]29.5[sec] N, 
070[deg]34[min]14.5[sec] W.
    (b) Regulations. (1) In accordance with the general regulations in 
Sec. Sec. 165.23 and 165.33 of this part, entry into or movement within 
these zones is prohibited unless authorized by the Captain of the Port 
Boston.
    (2) All vessel operators shall comply with the instructions of the 
COTP or the designated on-scene U.S. Coast Guard patrol personnel. On-
scene Coast Guard patrol personnel include commissioned, warrant, and 
petty officers of the Coast Guard on board Coast Guard, Coast Guard 
Auxiliary, local, state, and federal law enforcement vessels.
    (3) No person may enter the waters or land area within the 
boundaries of the safety and security zones unless previously authorized 
by the Captain of the Port, Boston or his authorized patrol 
representative.

[CGD01-02-002, 67 FR 37693, May 30, 2002, as amended by USCG-2009-0311, 
74 FR 50925, Oct. 2, 2009]



Sec. 165.116  Safety and Security Zones; Salem and Boston Harbors, 

Massachusetts.

    (a) Location. The following areas are permanent safety and security 
zones:
    (1) Reserved Channel, Boston Harbor. All waters of Boston Harbor 
within one hundred fifty (150) yards off the bow and stern and one 
hundred (100) yards abeam of any vessel moored at the Massachusetts Port 
Authority Black Falcon Terminal;
    (2) Boston Inner Harbor. All waters of Boston Harbor within one 
hundred (100)

[[Page 637]]

feet of the Coast Guard Integrated Support Command (ISC) Boston piers 
and;
    (3) Salem Harbor. All waters of Salem Harbor within a two-hundred 
and fifty (250) yard radius of the center point of the PG & E Power 
Plant Terminal Wharf, Salem, MA, located at 42[deg]31.33[min] N, 
070[deg]52.67[min] W when a vessel is moored at this pier. All 
coordinates are North American Datum 1983.
    (b) Regulations. (1) In accordance with the general regulations in 
Sec. 165.23 and Sec. 165.33 of this part, entry into or movement 
within these zones is prohibited unless authorized by the Captain of the 
Port Boston.
    (2) All vessel operators shall comply with the instructions of the 
Captain of the Port or the designated on-scene U.S. Coast Guard patrol 
personnel. On-scene Coast Guard patrol personnel include commissioned, 
warrant, and petty officers of the Coast Guard on board Coast Guard, 
Coast Guard Auxiliary, local, state, and federal law enforcement 
vessels.
    (3) No person may enter the waters or land area within the 
boundaries of the safety and security zones unless previously authorized 
by the Captain of the Port, Boston or his authorized patrol 
representative.

[CGD01-02-016, 67 FR 45909, July 11, 2002, as amended by USCG-2009-0416, 
74 FR 27441, June 10, 2009]



Sec. 165.117  Regulated Navigation Areas, Safety and Security Zones: Deepwater 

Ports, First Coast Guard District.

    (a) Location--(1) Regulated navigation areas. All waters within a 
1,000 meter radius of the geographical positions set forth in paragraph 
(a)(3) of this section are designated as regulated navigation areas.
    (2) Safety and security zones. All waters within a 500-meter radius 
of the geographic positions set forth in paragraph (a)(3) of this 
section are designated as safety and security zones.
    (3) Coordinates. (i) The geographic coordinates forming the loci for 
the regulated navigation areas, safety and security zones for the 
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 local law enforcement officer 
designated by or assisting the Captain of the Port (COTP) Boston.
    Deepwater port means any facility or structure meeting the 
definition of deepwater port in 33 CFR 148.5.
    Dredge means fishing gear consisting of a mouth frame attached to a 
holding bag constructed of metal rings or mesh.
    Support vessel means any vessel meeting the definition of support 
vessel in 33 CFR 148.5.
    Trap means a portable, enclosed device with one or more gates or 
entrances and one or more lines attached to surface floats used for 
fishing. Also called a pot.
    (c) Applicability. This section applies to all vessels operating in 
the regulated navigation areas set forth in paragraph (a) of this 
section, except--
    (1) Those vessels conducting cargo transfer operations with the 
deepwater ports whose coordinates are provided in paragraph (a)(3) of 
this section,
    (2) Support vessels operating in conjunction therewith, and
    (3) Coast Guard vessels or other law enforcement vessels operated by 
or under the direction of an authorized representative of the COTP 
Boston.
    (d) Regulations. (1) No vessel may anchor or engage in commercial 
fishing using nets, dredges, or traps (pots) in the regulated navigation 
areas set forth in paragraph (a)(1) of this section.
    (2) In accordance with the general regulations in Sec. Sec. 165.23 
and 165.33 of this part, entry into or movement within the safety and 
security zones designated in paragraph (a)(2) of this section is 
prohibited unless authorized by the COTP Boston, or his/her authorized 
representative.
    (3) Notwithstanding paragraph (d)(2) of this section, tankers and 
support vessels, as defined in 33 CFR 148.5, operating in the vicinity 
of NEGDWP are authorized to enter and move within such zones in the 
normal course of their operations following the requirements set forth 
in 33 CFR 150.340 and 150.345, respectively.

[[Page 638]]

    (4) All vessels operating within the safety and security zones 
described in paragraph (a)(2) of this section must comply with the 
instructions of the COTP or his/her authorized representative.

[USCG-2007-0087, 73 FR 34194, June 17, 2008]



Sec. 165.120  Safety Zone: Chelsea River, Boston Inner Harbor, Boston, MA.

    (a) Location. The following area is a safety zone: The waters of the 
Chelsea River, Boston Inner Harbor, for 100 yards upstream and 
downstream of the center of the Chelsea Street Draw span (in the 
approximate position of latitude 42[deg]23[min]10.3[sec] N., longitude 
71[deg]01[min]21.2[sec] W.). [NAD83].
    (b) Regulation. The following standards are the minimum requirements 
for transit of the Safety Zone. Additional precautions may be taken by 
the pilot and/or person in charge (Master or Operator).
    (1) All tankships greater than 1,000 Gross Tons shall be under the 
direction and control of an individual holding a valid merchant 
mariner's license or merchant mariner credential endorsed as pilot. This 
does not relieve persons in charge (Masters or Operators) from their 
ultimate responsibility for the safe navigation of vessels.
    (2) All vessel(s) speed shall be kept to a minimum considering all 
factors and the need for optimum vessel control.
    (3) Restrictions on size and draft of vessels:
    (i) No vessel greater than 661 feet in length (using length overall) 
or greater than 90.5 feet in beam (using extreme breadth) shall transit 
the Safety Zone.
    (ii) No vessel greater than 630.5 feet in length or 85.5 feet or 
greater in beam shall transit the Safety Zone during the period between 
sunset and sunrise.
    (iii) No tankship greater than 550.5 feet in length shall transit 
the Safety Zone, either inbound or outbound, with a draft less than 18.0 
feet forward and 24.0 feet aft.
    (4) Restrictions when the Chelsea River channel is obstructed by 
vessel(s) moored at the Northeast Petroleum Terminal located downstream 
of the Chelsea Street Bridge on the Chelsea, MA side of the Chelsea 
River--hereafter referred to as the Jenny Dock (approximate position 
latitude 42[deg]23[min]05.2[sec] N., longitude 71[deg]01[min]35.8[sec] 
W.)--or the Mobile Oil Terminal located on the East Boston Side of the 
Chelsea River downstream of the Chelsea Street Bridge (approximate 
position latitude 42[deg]23[min]04.9[sec] N., longitude 
71[deg]01[min]28.52[sec] W.): [NAD83].
    (i) When there is a vessel moored at each terminal, no vessel 
greater than 300.5 feet in length or greater than 60.5 feet in beam, 
shall transit the safety zone.
    (ii) When a vessel with a beam greater than 60.5 feet is moored at 
either terminal, no vessel greater than 630.5 feet in length or greater 
than 85.5 feet in beam shall transit the Safety Zone.
    (iii) When a vessel with a beam greater than 85.5 feet is moored at 
either terminal, no vessel greater than 550.5 feet in length or greater 
than 85.5 feet in beam shall transit the Safety Zone.
    (5) Requirements for tug assistance:
    (i) All tankships greater than 630.5 feet in length or greater than 
85.5 feet in beam shall be assisted by at least four tugs of adequate 
horsepower.
    (ii) All tankships from 450 feet in length up to and including 630.5 
feet in length and less than 85.5 feet in beam shall be assisted by at 
least three tugs of adequate horsepower.
    (iii) All tug/barge combinations with a tonnage of over 10,000 Gross 
Tons (for the barge(s), in all conditions of draft, shall be assisted by 
at least one tug of adequate horsepower.
    (6) U.S. Certificated integrated tug/barge (ITB) combinations shall 
meet the requirements of a tankship of similar length and beam except 
that one less assist tug would be required.
    (7) Variances from the above standard must be approved in advance by 
the Captain of the Port of Boston, MA.

[CCGD1-85-4R, 51 FR 10835, Mar. 31, 1986; 51 FR 23415, June 27, 1986, as 
amended by USCG-1998-3799, 63 FR 35532, June 30, 1998; USCG-2006-24371, 
74 FR 11213, Mar. 16, 2009; USCG-2009-0416, 74 FR 27441, June 10, 2009]



Sec. 165.121  Safety and Security Zones: High Interest Vessels, Narragansett 

Bay, Rhode Island.

    (a) Location. (1) All waters of Rhode Island Sound within a \1/2\ 
mile radius of any high interest vessel while the vessel is anchored 
within \1/2\ mile of the point Latitude 41[deg]25[min] N, Longitude 
71[deg]23[min]

[[Page 639]]

W in the Narragansett Bay Precautionary Area.
    (2) All waters of Rhode Island Sound, Narragansett Bay, the 
Providence and Taunton Rivers 2 miles ahead and 1 mile astern, and 
extending 1000 yards on either side of any high interest vessel 
transiting Narragansett Bay, or the Providence and Taunton Rivers.
    (3) All waters and land within a 1000-yard radius of any high 
interest vessel moored at a waterfront facility in the Providence 
Captain of the Port zone.
    (b) High interest vessels defined. For purposes of this section, 
high interest vessels operating in the Providence Captain of the Port 
zone include the following: barges or ships carrying liquefied petroleum 
gas (LPG), liquefied natural gas (LNG), chlorine, anhydrous ammonia, or 
any other cargo deemed to be high interest by the Captain of the Port, 
Providence.
    (c) Regulations. (1) Entry into or movement within these zones, 
including below the surface of the water, during times in which high 
interest vessels are present and the zones are enforced is prohibited 
unless authorized by the COTP Providence or authorized representative.
    (2) The general regulations covering safety and security zones in 
Sec. Sec. 165.23 and 165.33, respectively, of this part apply.
    (3) All persons and vessels shall comply with the instructions of 
the COTP, and the designated on-scene U.S. Coast Guard personnel. On-
scene Coast Guard patrol personnel include commissioned, warrant, and 
petty officers of the Coast Guard on board Coast Guard, Coast Guard 
Auxiliary, local, state, and federal law enforcement vessels.

[CGD01-02-065, 67 FR 56224, Sept. 3, 2002]



Sec. 165.122  Regulated Navigation Area: Navigable waters within Narragansett 

Bay and the Providence River, Rhode Island.

    (a) Description of the regulated navigation area (RNA). The 
Regulated Navigation Area (RNA) encompasses all of the navigable waters 
of Narragansett Bay north of the COLREGS demarcation line and west of 
the Mt. Hope Bridge, and all of the navigable waters of the Providence 
River from Conimicut Point to the Providence hurricane barrier.
    (b) Regulations. (1) All commercial vessels must:
    (i) Maintain a minimum 10% of the vessel's draft as an under-keel 
clearance when not assisted by tugs, or when not moored at an assigned 
berth. Under-keel clearance is the minimum clearance available between 
the deepest point on the vessel and the bottom of the waterway, in calm 
water.
    (ii) Have at least one mile of visibility to transit the Providence 
River between 41[deg]43[min]01.4[sec] N; 071[deg]20[min]41.7[sec] W 
(Conimicut Light (LLNR 18305)) and 41[deg]47[min]38.8[sec] N; 
071[deg]22[min]46.7[sec] W (Channel Light 42 (LLNR 18580)).
    (2) Vessels over 65 feet in length inbound for berths in the 
Providence River are required to make Safety Signal (SECURITE) calls on 
both VHF channels 13 and 16 at the following geographic locations:
    (i) Pilot Boarding Area;
    (ii) Abeam of Castle Hill;
    (iii) Abeam of Sandy Point;
    (iv) Abeam of 41[deg]43[min]01.4[sec] N; 071[deg]20[min]41.7[sec] W 
(Conimicut Point Light (LLNR 18305));
    (v) Abeam of Sabin Point; and
    (vi) Upon mooring.
    (3) Vessels over 65 feet in length inbound for berths in Mount Hope 
Bay or in the Taunton River are required to make SECURITE calls on both 
VHF channels 13 and 16 at the following geographic locations:
    (i) Pilot Boarding Area;
    (ii) Abeam of Castle Hill;
    (iii) Abeam of Sandy Point; and
    (iv) At position 41[deg]39[min]32.4[sec] N;071[deg]14[min] 02.6[sec] 
W (Mount Hope Bay Junction Lighted Gong Buoy ``MH'' (LLNR 18790)).
    (4) Vessels over 65 feet in length outbound for sea down the 
Providence River Channel shall make SECURITE calls on VHF channels 13 
and 16 at the following geographic locations:
    (i) One-half hour prior to departure from the berth;
    (ii) At departure from the berth;
    (iii) Abeam of Sabin Point;
    (iv) Abeam of Gaspee Point; and
    (v) Abeam of position 41[deg]43[min]01.4[sec] N; 
071[deg]20[min]41.7[sec] W (Conimicut Light (LLNR 18305)).

[[Page 640]]

    (5) Vessels over 65 feet in length outbound for sea down from Mount 
Hope Bay through Narragansett Bay are required to make SECURITE calls on 
VHF channels 13 and 16 at the following geographic locations:
    (i) One-half hour prior to departure from the berth;
    (ii) At departure from the berth; and
    (iii) At position 41[deg]39[min]32.4[sec] N;071[deg]14[min] 
02.6[sec] W (Mount Hope Bay Junction Lighted Gong Buoy ``MH'' (LLNR 
18790)).
    (6) Vessels 65 feet and under in length, and all recreational 
vessels, when meeting deep draft commercial vessel traffic in all 
locations within this RNA shall keep out of the way of the oncoming deep 
draft commercial vessel. Nothing in this regulation, however, relieves a 
vessel of any duty prescribed in the Inland Navigation Rules (set forth 
in 33 U.S.C. 2005 et seq.)
    (7) The Captain of the Port (COTP) Southeastern New England may 
authorize a deviation from these regulations. Parties wishing to request 
a deviation must do so in advance by contacting the COTP Southeastern 
New England, at 508-457-3211, or via VHF Channel 13 (156.7 MHz), or VHF 
channel 16 (156.8 MHz). Any person or vessel receiving permission from 
the COTP to deviate from these regulations must comply with any specific 
instructions provided by the COTP.
    (c) Enforcement. Violations of this RNA should be reported to the 
COTP Southeastern New England at 508-457-3211. Persons found in 
violation of these regulations may be subject to civil or criminal 
penalties as provided for in 33 U.S.C. 1232.

[USCG-2009-0143, 75 FR 15347, Mar. 29, 2010]



Sec. 165.130  Sandy Hook Bay, New Jersey--security zone.

    (a) Naval Ammunition Depot Piers. The navigable waters within the 
following boundaries are a security zone: A line beginning on the shore 
at 40[deg]25[min]55.6[sec] N, 074[deg]04[min]31.4[sec] W; thence to 
40[deg]26[min]54.0[sec] N, 074[deg]03[min]53.0[sec] W; thence to 
40[deg]26[min]58.0[sec] N, 074[deg]04[min]03.0[sec] W; thence to 
40[deg]27[min]56.0[sec] N, 074[deg]03[min]24.0[sec] W; thence to 
40[deg]27[min]28.5[sec] N, 074[deg]02[min]10.4[sec] W; thence to 
40[deg]26[min]29.5[sec] N, 074[deg]02[min]51.2[sec] W; thence to 
40[deg]26[min]31.4[sec] N, 074[deg]02[min]55.4[sec] W; thence to 
40[deg]25[min]27.1[sec] N, 074[deg]03[min]39.7[sec] W; thence northwest 
along the shoreline to the beginning point.
    (b) Terminal Channel. The waters within the following boundaries are 
a security zone--A line beginning at 40[deg]27[min]41.2[sec] N, 
74[deg]02[min]46[sec] W; then to 40[deg]28[min]27[sec] N, 
74[deg]02[min]17.2[sec] W; then to 40[deg]28[min]21.1[sec] N, 
74[deg]02[min]00[sec] W; then to 40[deg]28[min]07.8[sec] N, 
74[deg]02[min]22[sec] W; then to 40[deg]27[min]39.8[sec] N, 
74[deg]02[min]41.4[sec] W; then to the beginning.
    (c) The following rules apply to the security zone established in 
paragraph (b) of this section (Terminal Channel) instead of the rule in 
Sec. 165.33(a):
    (1) No vessel shall anchor, stop, remain or drift without power at 
anytime in the security zone.
    (2) No vessel shall enter, cross, or otherwise navigate in the 
security zone when a public vessel, or any other vessel, that cannot 
safely navigate outside the Terminal Channel, is approaching or leaving 
the Naval Ammunition Depot Piers at Leonardo, New Jersey.
    (3) Vessels may enter or cross the security zone, except as provided 
in paragraph (c)(2) of this section.
    (4) No person may swim in the security zone.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987; 
USCG-2007-0074, 74 FR 7191, Feb. 13, 2009]



Sec. 165.140  New London Harbor, Connecticut--security zone.

    (a) Security zones--(1) Security Zone A. The waters of the Thames 
River west of the Electric Boat Corporation Shipyard enclosed by a line 
beginning at a point on the shoreline at 41[deg]20[min]16[sec] N, 
72[deg]04[min]47[sec] W; then running west to 41[deg]20[min]16[sec] N, 
72[deg]04[min]57[sec] W; then running north to 41[deg]20[min]26[sec] N, 
72[deg]04[min]57[sec] W; then northwest to 41[deg]20[min]28.7[sec] N, 
72[deg]05[min]01.7[sec] W; then north-northwest to 
41[deg]20[min]53.3[sec] N, 72[deg]05[min]04.8[sec] W; then north-
northeast to 41[deg]21[min]02.9[sec] N, 72[deg]05[min]04.9[sec] W; then 
east to a point on shore at 41[deg]21[min]02.9[sec] N, 
72[deg]04[min]58.2[sec] W.
    (2) Security Zone B. The waters of the Thames River, west of the 
Naval Submarine Base, New London, CT, enclosed by a line beginning at a 
point on the shoreline at 41[deg]23[min]15.8[sec] N., 
72[deg]05[min]17.9[sec] W.; then to 41[deg]23[min]15.8[sec] N., 
72[deg]05[min]22[sec] W.; then to 41[deg]23[min]25.9[sec] N., 
72[deg]05[min]29.9[sec] W.; then to 41[deg]23[min]33.8[sec] N., 
72[deg]05[min]34.7[sec] W.; then to

[[Page 641]]

41[deg]23[min]37.0[sec] N., 72[deg]05[min]38.0[sec] W.; then to 
41[deg]23[min]41.0[sec] N., 72[deg]05[min]40.3[sec] W.; then to 
41[deg]23[min]47.2[sec] N., 72[deg]05[min]42.3[sec] W.; then to 
41[deg]23[min]53.8[sec] N., 72[deg]05[min]43.7[sec] W.; then to 
41[deg]23[min]59.8[sec] N., 72[deg]05[min]43.0[sec] W.; then to 
41[deg]24[min]12.4[sec] N., 72[deg]05[min]43.2[sec] W.; then to a point 
on the shoreline at 41[deg]24[min]14.4[sec] N., 72[deg]05[min]38[sec] 
W.; then along the shoreline to the point of beginning.
    (3) All coordinates are North American Datum 1983.
    (b) Special regulation. Section 165.33 does not apply to public 
vessels when operating in Security Zone A, or to vessels owned by, under 
hire to, or performing work for the Electric Boat Division when 
operating in Security Zone A.

[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by COTP 83-01, 48 FR 
33264, July 21, 1983; CGD3-83-29, 48 FR 51622, Nov. 10, 1983; CGD3-84-
26, 49 FR 40405, Oct. 16, 1984; CGD3-86-56, 52 FR 17296, May 7, 1987. 
Redesignated by CGD 87-008b, 52 FR 25218, July 6, 1987; CDG3 86-56, 52 
FR 44107, Nov. 18, 1987; CGD01-97-104, 62 FR 51782, Oct. 3, 1997; CGD01-
03-012, 69 FR 4244, Jan. 29, 2004]



Sec. 165.141  Safety Zone: Sunken vessel EMPIRE KNIGHT, Boon Island, ME.

    (a) Location. The following area is a safety zone: All waters of the 
Atlantic Ocean within a 1,000 yard radius of the stern section of the 
sunken vessel EMPIRE KNIGHT, in approximate position 
43[deg]06[min]19[sec] N, 70[deg]27[min]09[sec] W, (NAD 1983) and 
extending from the water's surface to the seabed floor.
    (b) Effective date. This section is effective on August 23, 1996, 
twenty-four hours a day, seven days a week.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) All vessels and persons are prohibited from anchoring, diving, 
dredging, dumping, fishing, trawling, laying cable, or conducting 
salvage operations in this zone except as authorized by the Coast Guard 
Captain of the Port, Portland, Maine. Innocent transit through the area 
within the safety zone is not affected by this regulation and does not 
require the authorization of the Captain of the Port.
    (3) All persons and vessels shall comply with the instructions of 
the COTP or the designated on scene patrol personnel. U.S. Coast Guard 
patrol personnel include commissioned, warrant, and petty officers of 
the Coast Guard. Upon being hailed by a U.S. Coast Guard vessel via 
siren, radio, flashing light, or other means, the operator of a vessel 
shall proceed as directed.

[CGD 01-95-141, 61 FR 60032, Nov. 26, 1996]



Sec. 165.150  New Haven Harbor, Quinnipiac River, Mill River.

    (a) The following is a regulated navigation area: The waters 
surrounding the Tomlinson Bridge located within a line extending from a 
point A at the southeast corner of the Wyatt terminal dock at 
41[deg]17[min]50[sec] N, 72[deg]54[min]36[sec] W thence along a line 
126[deg]T to point B at the southwest corner of the Gulf facility at 
41[deg]17[min]42[sec] N, 72[deg]54[min]21[sec] W thence north along the 
shoreline to point C at the northwest corner of the Texaco terminal dock 
41[deg]17[min]57[sec] N, 72[deg]54[min]06[sec] W thence along a line 
303[deg]T to point D at the west bank of the mouth of the Mill River 
41[deg]18[min]05[sec] N, 72[deg]54[min]23[sec] W thence south along the 
shoreline to point A.
    (b) Regulations. (1) No person may operate a vessel or tow a barge 
in this Regulated Navigation Area in violation of these regulations.
    (2) Applicability. The regulations apply to barges with a freeboard 
greater than ten feet and to any vessel towing or pushing these barges 
on outbound transits of the Tomlinson Bridge.
    (3) Regulated barges may not transit the bridge--
    (i) During the period from one hour to five hours after high water 
slack,
    (ii) When the wind speed at the bridge is greater than twenty knots, 
and
    (iii) With the barge being towed on a hawser, stern first.
    (4) Regulated barges with a beam greater than fifty feet must be 
pushed ahead through the bridge.
    (5) If the tug operator does not have a clear view over the barge 
when pushing ahead, the operator shall post a lookout on the barge with 
a means of communication with the operator.
    (6) Regulated barges departing the Mill River may transit the bridge 
only between sunrise and sunset. Barges must be pushed ahead of the tug, 
bow first, with a second tug standing by to assist at the bow.

[[Page 642]]

    (7) Nothing in this section is intended to relieve any person from 
complying with:
    (i) Applicable Navigation and Pilot Rules for Inland Waters;
    (ii) Any other laws or regulations;
    (iii) Any order or direction of the Captain of the Port.
    (8) The Captain of the Port, New Haven, may issue an authorization 
to deviate from any rule in this section if the COTP finds that an 
alternate operation can be done safely.

[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD 80-069, 47 FR 
53368, Nov. 26, 1982. Redesignated by CGD 87-008b, 52 FR 25218, July 6, 
1987]



Sec. 165.151  Safety Zones; Long Island Sound annual fireworks displays.

    (a) Safety Zones. The following areas are designated safety zones. 
All coordinates references 1983 North American Datum (NAD83).
    (1) Indian Harbor Yacht Club Fireworks Safety Zone. All waters of 
Long Island Sound off Greenwich CT, within a 800-foot radius of the 
fireworks barge located in approximate position 41[deg]00[min]35[sec] N, 
073[deg]37[min]05[sec] W.
    (2) City of Rowayton Fireworks Safety Zone. All waters of Long 
Island Sound in Sheffield Channel off of Ballast Reef within a 1000-foot 
radius of the fireworks barge located in approximate position 
41[deg]03[min]11[sec] N, 073[deg]26[min]41[sec] W.
    (3) The Yampol Family Fireworks Safety Zone. All waters of Long 
Island Sound off Cold Springs Harbor, Cove Neck New York within a 1200-
foot radius of the fireworks barge located in approximate position 
41[deg]53[min]00[sec] N, 073[deg]29[sec] 13[sec] W.
    (4) Groton Long Point Yacht Club Fireworks Safety Zone. All waters 
of Long Island Sound off of Groton Long Point, Groton, CT, within a 600-
foot radius of the fireworks barge in approximate position 
41[deg]18[min]05[sec] N, 072[deg]02[sec] 08[sec] W.
    (5) City of West Haven Fireworks Safety Zone. All waters of New 
Haven Harbor on Long Island Sound off Bradley Point within a 1200-foot 
radius of the fireworks barge in approximate position 
41[deg]15[min]07[sec] N, 072[deg]57[min]26[sec] W.
    (6) New Haven Festival Fireworks Safety Zone. All waters of New 
Haven Harbor on Long Island Sound within a 1200-foot radius of the 
fireworks barge in approximate position 40[deg]17[min]31[sec] N, 
072[deg]54[min]48[sec] W.
    (7) Madison Cultural Arts Fireworks Safety Zone. All the waters of 
Long Island Sound located off the City of Madison within an 800-foot 
radius of the fireworks barge in approximate position 
41[deg]16[min]10[sec] N, 072[deg]36[min]30[sec] W.
    (8) Arnold L. Chase Fireworks Safety Zone. All waters of Connecticut 
River within a 600 foot radius of the fireworks barge located in 
approximate position 41[deg]15[min]56[sec] N, 072[deg]21[min]49[sec] W, 
about 100-yards off Fenwick Pier.
    (9) Saybrook Summer Pops Fireworks Safety Zone. All waters of 
Connecticut River within a 600-foot radius of the fireworks barge 
located in approximate position 41[deg]17[min]35[sec] N, 
072[deg]21[min]20[sec] W.
    (10) Mashantucket Pequot Fireworks Safety Zone. All waters of the 
Thames River off of New London, CT, within a 1200-foot radius of a 
fireworks barge located in approximate position 41[deg]20[min]57.1[sec] 
N, 72[deg]05[min]22.1[sec] W; and within 1000-feet of fireworks barges 
located in approximate positions: 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 Thames River 
within a 600-foot radius of the fireworks barge located in approximate 
position 41[deg]31[min]14[sec] N, 072[deg]04[min]44[sec] W, located off 
American Warf Marina, Norwich, CT.
    (12) Riverfest Fireworks Safety Zone. All the waters of the 
Connecticut River within a 600-foot radius of the fireworks barge 
located in approximate position 41[deg]45[min]34[sec] N, 
072[deg]39[min]37[sec] W.
    (13) Southampton Fresh Air Home Fireworks Safety Zone. All the 
waters of Shinnecock Bay within a 600-foot radius of the fireworks barge 
located in approximate position 40[deg]51[min]48[sec] N, 
072[deg]28[min]30[sec] W, off of Southampton, NY.
    (14) T.E.L. Enterprises Fireworks Safety Zone. All the waters of 
Great South Bay within a 600-foot radius of the fireworks barge located 
in approximate position 40[deg]41[min]17[sec] N, 073[deg]00[min]20[sec] 
W, off of Davis Park, NY.
    (15) Patchogue Chamber of Commerce Fireworks Safety Zone. All the 
waters of Great South Bay within an 800-foot radius of the fireworks 
barge located in approximate position 40[deg]44[min]38[sec] N, 
073[deg]00[min]33[sec] W, off of Patchogue, NY.

[[Page 643]]

    (16) Fire Island Tourist Bureau Fireworks Safety Zone. All the 
waters of Great South Bay within a 600-foot radius of the fireworks 
barge located in approximate position 40[deg]35[min]45[sec] N, 
073[deg]05[min]23[sec] W, off of Cherry Cove, NY.
    (17) Treibeck's Party Fireworks Safety Zone. All the waters of the 
Atlantic Ocean within a 1200-foot radius of the fireworks barge located 
in approximate position 40[deg]54[min]04[sec] N, 072[deg]16[min]50[sec] 
W, off of Sagaponack, NY.
    (18) Norwich July Fireworks Safety Zone. All waters of the Thames 
River within a 600-foot radius of the fireworks launch area 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 of Branford 
Harbor off of Branford Point within a 600-foot radius of the fireworks 
launch area located on Branford Point in approximate position 
41[deg]15[min]30[sec] N, 072[deg]49[min]22[sec] W.
    (20) Vietnam Veterans Local 484/Town of East Haven Fireworks Safety 
Zone. All waters of Long Sound off of Cosey Beach, East Haven, CT within 
a 1000-foot radius of the fireworks barge in approximate 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 a 800-
foot radius of the fireworks barge in approximate position 
41[deg]09[min]2.5[sec] N, 073[deg]20[min]1.1[sec] W.
    (22) Westbrook, CT July Celebration Safety Zone. All waters of 
Westbrook Harbor in Long Island Sound within a 800-foot radius of the 
fireworks barge located in approximate position 41[deg]16[min]50[sec] N, 
072[deg]26[min]14[sec] W.
    (23) Norwalk Fireworks Safety Zone. All waters of Long Island Sound 
off of Calf Pasture Beach in Norwalk, CT within a 1000-foot radius of 
the fireworks barge located in approximate position 
40[deg]05[min]10[sec] N, 073[deg]23[min]20[sec] W.
    (24) Town of Stratford Fireworks Safety Zone. All waters of Long 
Island Sound off of Short Beach in Stratford, CT, within a 800-foot 
radius of the fireworks launch area located in approximate position 
41[deg]09[min]5[sec] N, 073[deg]06[min]5[sec] W.
    (25) Old Black Point Beach Association Fireworks Safety Zone. All 
waters of Long Island Sound off Old Black Point Beach in East Lyme, CT, 
within a 1000-foot radius of the fireworks launch area located on Old 
Black Point Beach in approximate position 41[deg]17[min]34.9[sec] N, 
072[deg]12[min]55.6[sec] W.
    (26) Village of Asharoken Fireworks Safety Zone. All waters of 
Northport Bay off of Asharoken Beach in Asharoken, NY within a 600-foot 
radius of the fireworks launch area located in approximate position 
40[deg]55[min]30[sec] N, 072[deg]21[min] W.
    (b) Notification. Coast Guard Sector Long Island Sound and Coast 
Guard Sector Field Office Moriches will cause notice of the activation 
of these safety zones to be made by all appropriate means to effect the 
widest publicity among the affected segments of the public, including 
publication in the local notice to mariners, marine information 
broadcasts, and facsimile. Fireworks barges used in these locations will 
also have a sign on their port and starboard side labeled ``FIREWORKS--
STAY AWAY''. Displays launched from shore sites will have a sign labeled 
``FIREWORKS--STAY AWAY'' with the same size requirements. The signs 
required by this section must consist of red letters at least 10 inches 
high, and 1.5 inch thick on a white background.
    (c) Enforcement period. Specific zones in this section will be 
enforced from 8 p.m. to 11 p.m. each day a barge or land based launch 
site with sign reading ``FIREWORKS--STAY AWAY'' is present in that zone.
    (d) Regulations. Vessels may not enter, remain in, or transit 
through the safety zones in this section during the enforcement period 
unless authorized by the Captain of the Port Long Island Sound or 
designated Coast Guard patrol personnel on scene.

[CGD01-01-077, 67 FR 22352, May 3, 2002, as amended by USCG-2003-15404, 
68 FR 37741, June 25, 2003; 68 FR 40024, July 3, 2003; CGD01-05-012, 70 
FR 43764, July 29, 2005]



Sec. 165.152  Coast Guard Station Fire Island, Long Island, New York--safety 

zone.

    (a) Location. The following waters of Fire Island Inlet are a safety 
zone: Beginning at a point on shore at 40[deg]37.523[min] N, 
073[deg]15.685[min] W; then north to 40[deg]37.593[min] N, 
073[deg]15.719[min] W; then east to 40[deg]37.612[min] N, 
073[deg]15.664[min] W; then east to 40[deg]37.630[min] N, 
073[deg]15.610[min] W; then east to 40[deg]37.641[min]

[[Page 644]]

N, 073[deg]15.558[min] W; then southeast to 40[deg]37.630[min] N, 
073[deg]15.475[min] W; then southeast to 40[deg]37.625[min] N, 073-
15.369[min] W; then southeast to 40[deg]37.627[min] N, 
073[deg]15.318[min] W; then southeast to point on shore at 
40[deg]37.565[min] N, 073[deg]15.346[min] W. All coordinates are North 
American Datum 1983.
    (b) Regulations. (1) The general regulations contained in 33 CFR 
Sec. 165.23 apply.
    (2) All persons and vessels must comply with the Coast Guard Captain 
of the Port or designated on-scene patrol personnel. On-scene Coast 
Guard patrol personnel include commissioned, warrant, and petty officers 
of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, and 
local, state, and federal law enforcement vessels. Upon being hailed by 
siren, radio, flashing light or other means from a U.S. Coast Guard 
vessel or other vessel with on-scene patrol personnel aboard, the 
operator of the vessel shall proceed as directed.

[CGD01-03-025, 69 FR 26045, May 11, 2004]



Sec. 165.153  Regulated Navigation Area: Long Island Sound Marine Inspection 

and Captain of the Port Zone.

    (a) Regulated Navigation Area location. All waters of the Long 
Island Sound Marine Inspection and Captain of the Port (COTP) Zone, as 
delineated in 33 CFR 3.05-35, extending seaward 12 nautical miles from 
the territorial sea baseline, are established as a regulated navigation 
area (RNA).
    (b) Applicability. This section applies to all vessels operating 
within the RNA excluding public vessels.
    (c) Definitions. The following definitions apply to this section:
    Commercial service means any type of trade or business involving the 
transportation of goods or individuals, except service performed by a 
combatant vessel.
    Ferry means a vessel that:
    (1) Operates in other than ocean or coastwise service;
    (2) Has provisions only for deck passengers or vehicles, or both;
    (3) Operates on a short run on a frequent schedule between two 
points over the most direct water route; and
    (4) Offers a public service of a type normally attributed to a 
bridge or tunnel.
    Public vessels means vessels owned or bareboat chartered and 
operated by the United States, or by a State or political subdivision 
thereof, or by a foreign nation, except when such vessel is engaged in 
commercial service.
    Territorial sea baseline means the line defining the shoreward 
extent of the territorial sea of the United States drawn according to 
the principles, as recognized by the United States, of the Convention on 
the Territorial Sea and the Contiguous Zone, 15 U.S.T. 1606, and the 
1982 United Nations Convention on the Law of the Sea (UNCLOS), 21 I.L.M. 
1261. Normally, the territorial sea baseline is the mean low water line 
along the coast of the United States.
    (d) Regulations. (1) Speed restrictions in the vicinity of Naval 
Submarine Base New London and Lower Thames River. Unless authorized by 
the Captain of the Port (COTP), vessels of 300 gross tons or more may 
not proceed at a speed in excess of eight knots in the Thames River from 
New London Harbor channel buoys 7 and 8 (Light List numbers 21875 and 
21880 respectively) north through the upper limit of the Naval Submarine 
Base New London Restricted Area, as that area is specified in 33 CFR 
334.75(a). The U.S. Navy and other Federal, State and municipal agencies 
may assist the U.S. Coast Guard in the enforcement of this rule.
    (2) Enhanced communications. Vessels of 300 gross tons or more and 
all vessels engaged in towing barges must issue securit[eacute] calls on 
marine band or Very High Frequency (VHF) radio channel 16 upon approach 
to the following locations:
    (i) Inbound approach to Cerberus Shoal; and
    (ii) Outbound approach to Race Rock Light (USCG Light List No. 
19815).
    (3) All vessels operating within the RNA that are bound for a port 
or place located in the United States or that must transit the internal 
waters of the United States, must be inspected to the satisfaction of 
the U. S. Coast Guard, before entering waters within three nautical 
miles from the territorial sea baseline. Vessels awaiting inspection 
will be required to anchor in the manner directed by the COTP. This 
section does not apply to vessels operating exclusively within the Long 
Island Sound

[[Page 645]]

Marine Inspection and COTP Zone, vessels on a single voyage which depart 
from and return to the same port or place within the RNA, all towing 
vessels engaged in coastwise trade, vessels in innocent passage not 
bound for a port or place subject to the jurisdiction of the United 
States, and all vessels not engaged in commercial service whose last 
port of call was in the United States. Vessels requiring inspection by 
the COTP may contact the COTP via marine band or Very High Frequency 
(VHF) channel 16, telephone at (203) 468-4401, facsimile at (203) 468-
4418, or letter addressed to Captain of the Port, Long Island Sound, 120 
Woodward Ave., New Haven, CT 06512.
    (4) All vessels operating within the RNA that are bound for a port 
or place located in the United States or that must transit the internal 
waters of the United States, must obtain authorization from the Captain 
of the Port (COTP) before entering waters within three nautical miles 
from the territorial sea baseline. Vessels awaiting COTP authorization 
to enter waters within three nautical miles from the territorial sea 
baseline will be required to anchor in the manner directed by the COTP. 
This section does not apply to vessels operating exclusively within the 
Long Island Sound Marine Inspection and COTP Zone, vessels on a single 
voyage which depart from and return to the same port or place within the 
RNA, all towing vessels engaged in coastwise trade, vessels in innocent 
passage not bound for a port or place subject to the jurisdiction of the 
United States, and all vessels not engaged in commercial service whose 
last port of call was in the United States. Vessels may request 
authorization from the COTP by contacting the COTP via marine band or 
Very High Frequency (VHF) channel 16, telephone at (203) 468-4401, 
facsimile at (203) 468-4418, or letter addressed to Captain of the Port, 
Long Island Sound, 120 Woodward Ave., New Haven, CT 06512.
    (5) Vessels over 1,600 gross tons operating in the RNA within three 
nautical miles from the territorial sea baseline that are bound for a 
port or place located in the United States or that must transit the 
internal waters of the United States must receive authorization from the 
COTP prior to transiting or any intentional vessel movements, including, 
but not limited to, shifting berths, departing anchorage, or getting 
underway from a mooring. This section does not apply to vessels in 
innocent passage not bound for a port or place subject to the 
jurisdiction of the United States.
    (6) Ferry vessels. Vessels of 300 gross tons or more are prohibited 
from entering all waters within a 1200-yard radius of any ferry vessel 
transiting in any portion of the Long Island Sound Marine Inspection and 
COTP Zone without first obtaining the express prior authorization of the 
ferry vessel operator, master, COTP, or the designated COTP on-scene 
patrol.
    (7) Vessels engaged in commercial service. No vessel may enter 
within a 100-yard radius of any vessel engaged in commercial service 
while that vessel is transiting, moored, or berthed in any portion of 
the Long Island Sound Marine Inspection and COTP zone, without the 
express prior authorization of the vessel's operator, master, COTP, or 
the designated COTP on-scene representative.
    (8) Bridge foundations. Any vessel operating beneath a bridge must 
make a direct, immediate and expeditious passage beneath the bridge 
while remaining within the navigable channel. No vessel may stop, moor, 
anchor or loiter beneath a bridge at any time. No vessel may approach 
within a 25-yard radius of any bridge foundation, support, stanchion, 
pier or abutment except as required for the direct, immediate and 
expeditious transit beneath a bridge.
    (9) This section does not relieve any vessel from compliance with 
applicable navigation rules.

[CGD01-02-104, 68 FR 48802, Aug. 15, 2003, as amended by USCG-2006-
24371, 74 FR 11213, Mar. 16, 2009]



Sec. 165.154  Safety and Security Zones: Long Island Sound Marine Inspection 

Zone and Captain of the Port Zone.

    (a) Safety and security zones. The following areas are safety and 
security zones:
    (1) Dominion Millstone Nuclear Power Plant Safety and Security 
Zones. (i) All waters north and north east of a line

[[Page 646]]

running from Bay Point, at approximate position 41-18.57 N, 072-10.41 W, 
to Millstone Point at approximate position 41-18.25 N, 072-09.96 W.
    (ii) All waters west of a line starting at 41-18.700 N, 072-09.650 
W, running south to the eastern most point of Fox Island at approximate 
position 41-18.400 N, 072-09.660 W. All coordinates are North American 
Datum 1983.
    (2) Coast Guard Vessels Safety and Security Zones. All waters within 
a 100-yard radius of any anchored Coast Guard vessel. For the purposes 
of this section, Coast Guard vessels includes any commissioned vessel or 
small boat in the service of the regular Coast Guard and does not 
include Coast Guard Auxiliary vessels.
    (b) Regulations. (1) The general regulations contained in Sec. 
165.23 and Sec. 165.33 of this part apply.
    (2) In accordance with the general regulations in Sec. 165.23 and 
Sec. 165.33 of this part, entry into or movement within this zone is 
prohibited unless authorized by the Captain of the Port Long, Island 
Sound.
    (3) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or on-scene patrol personnel. These 
personnel comprise commissioned, warrant, and petty officers of the 
Coast Guard. Upon being hailed by a U. S. Coast Guard vessel by siren, 
radio, flashing light, or other means, the operator of a vessel shall 
proceed as directed.

[CGD01-02-104, 68 FR 48803, Aug. 15, 2003]



Sec. 165.155  Northville Industries Offshore Platform, Riverhead, Long Island, 

New York--safety zone.

    (a) The following area is established as a safety zone during the 
specified condition:
    (1) The waters within a 500 yard radius of the Northville Industries 
Offshore Platform, Long Island, New York, 1 mile North of the Riverhead 
shoreline at 41[deg]00[sec] N, 072[deg]38[sec] W, while a Liquefied 
Petroleum Gas (LPG) vessel is moored at the Offshore Platform. The 
safety zone remains in effect until the LPG vessel departs the Offshore 
Platform.
    (b) The general regulations governing safety zone contained in 33 
CFR 165.23 apply.
    (c) The Captain of the Port will notify the maritime community of 
periods during which this safety zone will be in effect by providing 
notice of scheduled moorings at the Northville Industries Offshore 
Platform of LPG vessels via Marine Safety Information Radio Broadcast.

[CGD3 85-86, 51 FR 37181, Oct. 20, 1986. Redesignated by CGD 87-008b, 52 
FR 25218, July 6, 1987]



Sec. 165.156  Regulated Navigation Area: East Rockaway Inlet to Atlantic Beach 

Bridge, Nassau County, Long Island, New York.

    (a) Location. The following area is a Regulated Navigation Area: All 
waters of East Rockaway Inlet in an area bounded by lines drawn from 
position 40[deg]34[min]56[sec] N, 073[deg]45[min]19[sec] W, (approximate 
position of Silver Point breakwater buoy, LLNR 31500) running north to a 
point of land on the northwest side of the inlet at position 
40[deg]35[min]28[sec] N, 073[deg]46[min]12[sec] W, thence easterly along 
the shore to the east side of the Atlantic Beach Bridge, State Route 
878, over East Rockaway Inlet, thence across the bridge to the south 
side of East Rockaway Inlet, thence westerly along the shore and across 
the water to the beginning.
    (b) Regulations. (1) The general regulations contained in 33 CFR 
165.10, 165.11, and 165.13 apply.
    (2) In accordance with the general regulations, the following 
regulations apply to vessels carrying petroleum products in excess of 
250 barrels:
    (i) The vessel must have plans in place to maintain a minimum of two 
feet under keel clearance at all times.
    (ii) A vessel requiring a nighttime transit through East Rockaway 
Inlet may only do so only after receiving approval from the Captain of 
the Port Long Island Sound.
    (iii) Vessels are prohibited from transiting East Rockaway Inlet if 
a small craft advisory or greater has been issued for the area unless 
specific approval is received from the Captain of the Port Long Island 
Sound.
    (iv) In an emergency, any vessel may deviate from the regulations in 
this section to the extent necessary to

[[Page 647]]

avoid endangering the safety of persons, the environment, and or 
property. If deviation from the regulations is necessary, the master or 
their designee shall inform the Coast Guard as soon as it is practicable 
to do so.
    (c) Waivers. (1) The Captain of the Port Long Island Sound may, upon 
request, waive any regulation in this section.
    (2) An application for a waiver must state the need for the waiver 
and describe the proposed vessel operations through the Regulated 
Navigation Area.

[USCG-2008-0085, 74 FR 57887, Nov. 10, 2009]



Sec. 165.158  Safety Zone: Patchogue Grand Prix, Patchogue Bay, Patchogue, NY.

    (a) Location. The following area is a safety zone: All navigable 
waters of Patchogue Bay, NY bounded by an area beginning at a point on 
land in Patchogue, NY at approximate position 40[deg]44[min]56[sec] N, 
073[deg]00[min]49[sec] W; then running south to a point in Patchogue Bay 
at approximate position 40[deg]44[min]29[sec] N, 073[deg]00[min]49[sec] 
W; then running south east to a point in Great South Bay at approximate 
position 40[deg]43[min]47[sec] N, 072[deg]59[min]54[sec] W; then running 
east to approximate position 40[deg]43[min]53[sec] N, 
072[deg]58[min]46[sec] W; then to approximate position 
40[deg]43[min]57[sec] N, 072[deg]57[min]06[sec] W; then north to a point 
on land at approximate position 40[deg]44[min]29[sec] N, 
072[deg]57[min]09[sec] W. All coordinates are North American Datum 1983.
    (b) Definitions. The following definitions apply to this section: 
Designated on-scene patrol personnel, means any commissioned, warrant 
and petty officers of the U.S. Coast Guard operating Coast Guard vessels 
who has been authorized to act on the behalf of the Captain of the Port 
Long Island Sound.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
Sec. 165.23 apply.
    (2) In accordance with the general regulations in Sec. 165.23 of 
this part, entry into or movement within this zone is prohibited unless 
authorized by the Captain of the Port Long Island Sound.
    (3) All persons and vessels must comply with the Coast Guard Captain 
of the Port or the designated on-scene patrol personnel.
    (4) Upon being hailed by a U.S. Coast Guard vessel by siren, radio, 
flashing light or other means, the operator of the vessel must proceed 
as directed.
    (5) Persons and vessels may request permission to enter the zone on 
VHF-16 or via phone at (203) 468-4401.
    (d) Enforcement period. This rule will be enforced from 11 a.m. to 5 
p.m. on August 22, 23, and 24, 2008 and each year thereafter at dates 
and times specified in a Federal Register notice.

[USCG-2008-0264, 73 FR 51367, Sept. 3, 2008]



Sec. 165.161  Safety zones: Coast Guard Captain of the Port New York annual 

fireworks displays.

    (a) Safety zones. The following areas are designated safety zones:
    (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 position 
40[deg]49[min]54[sec] N 073[deg]39[min]14[sec] W (NAD 1983), about 360 
yards north of Bar Beach, Hempstead Harbor.
    (ii) Effective period. Paragraph (a)(1)(i) of this section is in 
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the Friday 
before Memorial Day, and the Saturday after Labor Day. If the event is 
cancelled due to inclement weather, then paragraph (a)(1)(i) of this 
section is effective from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the 
Saturday before Memorial Day and the Sunday after Labor Day.
    (2) Seaport Memorial Day fireworks, East River, NY:
    (i) Location. All waters of the East River south of the Brooklyn 
Bridge and north of a line drawn from the southwest corner of Pier 3, 
Brooklyn, to the northeast corner of Pier 6, Manhattan.
    (ii) Effective period. Paragraph (a)(2)(i) of this section is in 
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on Memorial Day. 
If the event is cancelled due to inclement weather, then paragraph 
(a)(2)(i) of this section is effective from 8 p.m. (e.s.t.) to 1 a.m. 
(e.s.t.) on the day following Memorial Day.
    (3) Red Bank, NJ, July 3rd fireworks, Navesink River:

[[Page 648]]

    (i) Location. All waters of the Navesink River within a 360-yard 
radius of the fireworks barge in approximate position 
40[deg]21[min]20[sec] N 074[deg]04[min]10[sec] W (NAD 1983), about 360 
yards northwest of Red Bank, NJ.
    (ii) Effective period. Paragraph (a)(3)(i) of this section is in 
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on July 3rd. If 
the event is cancelled due to inclement weather, then paragraph 
(a)(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 the Brooklyn 
Bridge and north of a line drawn from the southwest corner of Pier 3, 
Brooklyn, to the northeast corner of Pier 6, Manhattan.
    (ii) Effective period. Paragraph (a)(4)(i) of this section is in 
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on Labor Day. If 
the event is cancelled due to inclement weather, then paragraph 
(a)(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 the Brooklyn 
Bridge and north of a line drawn from the southwest corner of Pier 3, 
Brooklyn, to the northeast corner of Pier 6, Manhattan.
    (ii) Effective period. Paragraph (a)(5)(i) of this section is in 
effect annually from 6 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the first 
Sunday in October. If the event is cancelled due to inclement weather, 
then paragraph (a)(5)(i) of this section is effective from 6 p.m. 
(e.s.t.) to 1 a.m. (e.s.t.) on the first Monday in October.
    (6) Seaport New Year's Eve fireworks, East River, NY:
    (i) Location. All waters of the East River south of the Brooklyn 
Bridge and north of a line drawn from the southwest corner of Pier 3, 
Brooklyn, to the northeast corner of Pier 6, Manhattan.
    (ii) Effective period. Paragraph (a)(6)(i) of this section is in 
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on New Year's 
Eve. If the event is cancelled due to inclement weather, then paragraph 
(a)(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 33 CFR 
165.23 apply.
    (2) All persons and vessels must comply with the instructions of the 
Coast Guard Captain of the Port or the designated on-scene-patrol 
personnel. These personnel comprise commissioned, warrant, and petty 
officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard 
vessel by siren, radio, flashing light, or other means, the operator of 
a vessel shall proceed as directed.

[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: All waters 
of the Lower Hudson River south of a line drawn from the northwest 
corner of Pier 76 in Manhattan to a point on the New Jersey shore in 
Weehawken, New Jersey at approximate position 40[deg]45[min]52[sec] N 
074[deg]01[min]01[sec] W (NAD 1983) and north of a line connecting the 
following points (all coordinates are NAD 1983):

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
40[deg]42[min]16.0[sec] N            074[deg]01[min]09.0[sec] W, then
                                                   south to
40[deg]41[min]55.0[sec] N            074[deg]01[min]16.0[sec] W, then
                                                    west to
40[deg]41[min]47.0[sec] N            074[deg]01[min]36.0[sec] W, then
                                               northwest to
40[deg]41[min]55.0[sec] N            074[deg]01[min]59.0[sec] W, then to
                                                   shore at
40[deg]42[min]20.5[sec] N            074[deg]02[min]06.0[sec] W.
------------------------------------------------------------------------

    (b) Regulations. (1) Vessels not participating in this event, 
swimmers, and personal watercraft of any nature are prohibited from 
entering or moving within the regulated area unless authorized by the 
Patrol Commander.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designed on-scene-patrol 
personnel. These personnel comprise commissioned, warrant, and petty 
officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard 
vessel by siren, radio, flashing light, or other means, the operator of 
a vessel shall proceed as directed.

[[Page 649]]

    (c) Effective period. This section is in effect annually from 10 
a.m. until 4 p.m. on the Sunday following Labor Day.

[CGD01-98-175, 64 FR 31984, June 15, 1999]



Sec. 165.163  Safety Zones; Port of New York/New Jersey Fleet Week.

    (a) The following areas are established as safety zones:
    (1) Safety Zone A--(i) Location. A moving safety zone for the Parade 
of Ships including all waters 500 yards ahead and astern, and 200 yards 
of each side of the designated column of parade vessels as it transits 
the Port of New York and New Jersey from the Verrazano Narrows Bridge to 
Riverside State Park on the Hudson River between West 137th and West 
144th Streets, Manhattan.
    (ii) Enforcement period. Paragraph (a)(1)(i) of this section is 
enforced annually from 8 a.m. until 5 p.m. on the Wednesday before 
Memorial Day.
    (2) Safety Zone B--(i) Location. A safety zone including all waters 
of the Hudson River between Piers 83 and 90, Manhattan, from the parade 
column east to the Manhattan shoreline.
    (ii) Enforcement period. Paragraph (a)(2)(i) of this section is 
enforced annually from 8 a.m. until 5 p.m. on the Wednesday before 
Memorial Day.
    (3) Safety Zone C--(i) Location. A moving safety zone including all 
waters of the Hudson River within a 200-yard radius of each parade 
vessel upon its leaving the parade of ships until it is safely berthed.
    (ii) Enforcement period. Paragraph (a)(3)(i) of this section is 
enforced annually from 8 a.m. until 5 p.m. on the Wednesday before 
Memorial Day.
    (4) Safety Zone D--(i) Location. A safety zone including all waters 
of the Hudson River bound by the following points: from the southeast 
corner of Pier 90, Manhattan, where it intersects the seawall, west to 
approximate position 40[deg]46[min]10[sec] N 074[deg]00[min]13[sec] W 
(NAD 1983), south to approximate position 40[deg]45[min]54[sec] N 
074[deg]00[min]25[sec] W (NAD 1983), then east to the northeast corner 
of Pier 83 where it intersects the seawall.
    (ii) Enforcement period. Paragraph (a)(4)(i) of this section is 
enforced annually from 10 a.m. until 5 p.m., from Friday through Monday, 
Memorial Day weekend.
    (5) Safety Zone E--(i) Location. A moving safety zone including all 
waters 500 yards ahead and astern, and 200 yards on each side of the 
departing U.S. Navy Aircraft or Helicopter Carrier as it transits the 
Port of New York and New Jersey from its mooring at the Intrepid Sea, 
Air and Space Museum, Manhattan, to the COLREGS Demarcation line at 
Ambrose Channel Entrance Lighted Bell Buoy 2 (LLNR 34805).
    (ii) Enforcement period. Paragraph (a)(5)(i) of this section is 
enforced annually on the Wednesday following Memorial Day. Departure 
time is dependent on tide, weather, and granting of authority for 
departure by the Captain of the Port, New York.
    (b) Effective period. This section is effective annually from 8 a.m. 
on the Wednesday before Memorial Day until 4 p.m. on the Wednesday 
following Memorial Day.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated on-scene-patrol 
personnel. these personnel comprise commissioned, warrant, and petty 
officers of the Coast Guard. Upon being hailed by a U. S. Coast Guard 
vessel by siren, radio, flashing light, or other means, the operator of 
a vessel shall proceed as directed.

[CGD1-98-170, 64 FR 24946, May 10, 1999]



Sec. 165.164  Security Zones: Dignitary Arrival/Departure and United Nations 

Meetings, New York, NY.

    (a) The following areas are established as security zones:
    (1) Location. Wall Street heliport: All waters of the East River 
within the following boundaries: East of a line drawn between 
approximate position 40[deg]42[min]01[sec] N 074[deg]00[min]39[sec] W 
(east of The Battery) to 40[deg]41[min]36[sec] N 074[deg]00[min]52[sec] 
W (NAD 1983) (point north of Governors Island) and north of a line drawn 
from the point north of Governors Island to the southwest corner of Pier 
7 North, Brooklyn; and south of a line drawn between the northeast 
corner of Pier 13, Manhattan,

[[Page 650]]

and the northwest corner of Pier 2 North, Brooklyn.
    (2) [Reserved]
    (3) Location. Marine Air Terminal, La Guardia Airport: All waters of 
Bowery Bay, Queens, New York, south of a line drawn from the western end 
of La Guardia Airport at approximate position 40[deg]46[min]47[sec] N 
073[deg]53[min]05[sec] W (NAD 1983) to the Rikers Island Bridge at 
approximate position 40[deg]46[min]51[sec] N 073[deg]53[min]21[sec] W 
(NAD 1983) and east of a line drawn between the point at the Rikers 
Island Bridge to a point on the shore in Queens, New York, at 
approximate position 40[deg]46[min]36[sec] N 073[deg]53[min]31[sec] W 
(NAD 1983).
    (4) Location. All waters of the East River bound by the following 
points: 40[deg]44[min]37[sec] N, 073[deg]58[min]16.5[sec] W (the base of 
East 35th Street, Manhattan), then east to 40[deg]44[min]34.5[sec] N, 
073[deg]58[min]10.5[sec] W (about 175 yards offshore of Manhattan), then 
northeasterly to 40[deg]45[min]29[sec] N, 073[deg]57[min]26.5[sec] W 
(about 125 yards offshore of Manhattan at the Queensboro Bridge), then 
northwesterly to 40[deg]45[min]31[sec] N, 073[deg]57[min]30.5[sec] W 
(Manhattan shoreline at the Queensboro Bridge), then southerly to the 
starting point at 40[deg]44[min]37[sec] N, 073[deg]58[min]16.5[sec] W. 
All nautical positions are based on North American Datum of 1983.
    (5) Location. All waters of the East River north of a line drawn 
from approximate position 40[deg]44[min]37[sec] N, 
073[deg]58[min]16.5[sec] W (the base of East 35th Street, Manhattan), to 
approximate position 40[deg]44[min]23[sec] N, 073[deg]57[min]44.5[sec] W 
(Hunters Point, Long Island City), and south of the Queensboro Bridge. 
All nautical positions are based on North American Datum of 1983.
    (6) The security zone will be activated 30 minutes before the 
dignitaries' arrival into the zone and remain in effect until 15 minutes 
after the dignitaries' departure from the zone.
    (7) The activation of a particular zone will be announced by 
facsimile and marine information broadcasts.
    (b) Regulations. (1) The general regulations contained in 33 CFR 
165.33 apply.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated on-scene-patrol 
personnel. These personnel comprise commissioned, warrant, and petty 
officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard 
vessel using siren, radio, flashing light, or other means, the operator 
of a vessel shall proceed as directed.

[CGD01-98-006, 64 FR 24948, May 10, 1999, as amended by CGD01-00-146, 65 
FR 47320, Aug. 2, 2000]



Sec. 165.166  Safety Zone: Macy's July 4th Fireworks, East River, NY.

    (a) Regulated area. The following area is a safety zone: All waters 
of the Upper New York Bay south of a line drawn from Pier A (Fireboat 
Station Pier), Battery Park City, in approximate position 
40[deg]42[min]15.4[sec] N 074[deg]01[min]06.8[sec] W (NAD 1983) to the 
easternmost corner of the Ellis Island Security Zone, in approximate 
position 40[deg]41[min]57.6[sec] N 074[deg]02[min]06.7[sec] W (NAD 
1983); north of a line drawn from Pier 7, Jersey City, NJ, in 
approximate position 40[deg]41[min]26.4[sec] N 074[deg]03[min]17.3[sec] 
W (NAD 1983) to Liberty Island Lighted Gong Buoy 29 (LLNR 34995), in 
approximate position 40[deg]41[min]02.2[sec] N 074[deg]02[min]24.7[sec] 
W (NAD 1983), on to Governor's Island Extension Light (LLNR 35000), in 
approximate position 40[deg]41[min]08.3[sec] N 074[deg]01[min]35.4[sec] 
W (NAD 1983); all waters of the East River north of a line drawn from 
Governors Island, in approximate position 40[deg]41[min]25.3[sec] N 
074[deg]00[min]42.5[sec] W (NAD 1983) to the southwest corner of Pier 
9A, Brooklyn; south of a line drawn from East 47th Street, Manhattan 
through the southern point of Roosevelt Island to 46 Road, Queens; and 
all waters of Newtown Creek west of the Pulaski Bascule Bridge.
    (b) Activation period. This section is activated annually from 6:30 
p.m. until 11:30 p.m. on July 4th. If the event is cancelled due to 
inclement weather then this section is in effect from 6:30 p.m. until 
11:30 p.m. on July 5th.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) No vessels, except the Staten Island Ferries, will be allowed to 
transit the safety zone without the permission of the Captain of the 
Port, New York.
    (3) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated on-scene patrol 
personnel.

[[Page 651]]

These personnel comprise commissioned, warrant, and petty officers of 
the Coast Guard. Upon being hailed by a U.S. Coast Guard vessel by 
siren, radio, flashing light, or other means, the operator of a vessel 
shall proceed as directed.
    (4) Vessels equal to or greater than 20 meters (65.6 feet) in 
length, carrying persons for the purpose of viewing the fireworks, may 
take position in an area inside the safety zone, at least 200 yards off 
the bulkhead on the west bank and just off the pierhead faces on the 
east bank of the East River between the Williamsburg Bridge and North 
9th Street, Brooklyn. This area is bound by the following points: 
40[deg]42[min]45.5[sec] N 073[deg]58[min]07.4[sec] W; thence to 
40[deg]42[min]50.4[sec] N 073[deg]58[min]23.2[sec] W; thence to 
40[deg]43[min]23.1[sec] N 073[deg]58[min]12.7[sec] W; thence to 
40[deg]43[min]21.5[sec] N 073[deg]57[min]45.7[sec] W; (NAD 1983) thence 
back to the point of beginning. All vessels must be in this location by 
6:30 p.m. (e.s.t.) the day of the event.

[CGD01-00-242, 66 FR 20405, Apr. 23, 2001, as amended by CGD01-05-017, 
70 FR 35536, June 21, 2005]



Sec. 165.168  Safety Zones; Coast Guard Captain of the Port New York Fireworks 

Displays.

    (a) New York Harbor. The following areas are safety zones:
    (1) Liberty Island Safety Zone: All waters of Upper New York Bay 
within a 360-yard radius of the fireworks barge in approximate position 
40[deg]41[min]16.5[sec] N 074[deg]02[min]23[sec] W (NAD 1983), located 
in Federal Anchorage 20-C, about 360 yards east of Liberty Island.
    (2) Ellis Island Safety Zone: All waters of Upper New York Bay 
within a 360-yard radius of the fireworks barge located between Federal 
Anchorages 20-A and 20-B, in approximate position 40[deg]41[min]45[sec] 
N 074[deg]02[min]09[sec] W (NAD 1983), about 365 yards east of Ellis 
Island.
    (3) South Beach, Staten Island Safety Zone: All waters of Lower New 
York Bay within a 360-yard radius of the fireworks barge in approximate 
position 40[deg]35[min]11[sec] N 074[deg]03[min]42[sec] W (NAD 1983), 
about 350 yards east of South Beach, Staten Island.
    (4) Raritan Bay Safety Zone: All waters of Raritan Bay in the 
vicinity of the Raritan River Cutoff and Ward Point Bend (West) within a 
240-yard radius of the fireworks barge in approximate position 
40[deg]30[min]04[sec] N 074[deg]15[min]35[sec] W (NAD 1983), about 240 
yards east of Raritan River Cutoff Channel Buoy 2 (LLNR 36595).
    (5) Coney Island Safety Zone: All waters of Lower New York Bay 
within a 250-yard radius of the fireworks land shoot located on the 
south end of Steeplechase Pier, Coney Island, in approximate position 
40[deg]34[min]11[sec] N 073[deg]59[min]00[sec] W (NAD 1983).
    (6) Arthur Kill, Elizabeth, New Jersey Safety Zone: All waters of 
the Arthur Kill within a 150-yard radius of the fireworks land shoot 
located in Elizabeth, New Jersey, in approximate position 
40[deg]38[min]50[sec] N 074[deg]10[min]58[sec] W (NAD 1983), about 675 
yards west of Arthur Kill Channel Buoy 20 (LLNR 36780).
    (7) South Ellis Island Safety Zone: All waters of Upper New York Bay 
within a 240-yard radius of the fireworks barge in approximate position 
40[deg]41[min]39.9[min] N 074[deg]02[min]33.7[min] W (NAD 1983), about 
260 yards south of Ellis Island.
    (8) Rockaway Beach Safety Zone: All waters of the Atlantic Ocean 
within a 360 yard radius of the fireworks barge in approximate position 
40[deg]34[min]28.2[min] N 073[deg]50[min]00.0[min] W (NAD 1983), off 
Beach 116th Street.
    (9) Rockaway Inlet Safety Zone: All waters of Rockaway Inlet within 
a 360 yard radius of the fireworks barge in approximate position 
40[deg]34[min]19.1[min] N 073[deg]54[min]43.5[min] W (NAD 1983), about 
1,200 yards south of Point Breeze.
    (10) Pierhead Channel, NJ Safety Zone: All waters of Pierhead 
Channel and the Kill Van Kull within a 360-yard radius of the fireworks 
barge in approximate position 40[deg]39[min]18.8[sec] N 
074[deg]04[min]39.1[sec] W (NAD 1983), approximately 315 yards north of 
the Kill Van Kull Channel.
    (11) Midland Beach, Staten Island Safety Zone: All waters of Lower 
New York Bay within a 500-yard radius of the fireworks barge in 
approximate position 40[deg]34[min]12.0[sec] N 074[deg]04[min]29.6[sec] 
W (NAD 1983), approximately 800 yards southeast of Midland Beach.
    (12) Wolfes Pond Park, Staten Island Safety Zone: All waters of 
Raritan Bay within a 500-yard radius of the fireworks barge in 
approximate position 40[deg]30[min]52.1[sec] N 074[deg]10[min]58.8[sec] 
W (NAD 1983), approximately 540 yards east of Wolfes Pond Park.

[[Page 652]]

    (b) Western Long Island Sound. The following areas are safety zones:
    (1) Peningo Neck, Western Long Island Sound Safety Zone: All waters 
of western Long Island Sound within a 300-yard radius of the fireworks 
barge in approximate position 40[deg]56[min]21[sec] N 
073[deg]41[min]23[sec] W (NAD 1983), about 525 yards east of Milton 
Point, Peningo Neck, New York.
    (2) Satans Toe, Western Long Island Sound Safety Zone: All waters of 
western Long Island Sound within a 360-yard radius of the fireworks 
barge in approximate position 40[deg]55[min]21[sec] N 
073[deg]43[min]41[sec] W (NAD 1983), about 635 yards northeast of 
Larchmont Harbor (East Entrance) Light 2 (LLNR 25720).
    (3) Larchmont, Western Long Island Sound Safety Zone: All waters of 
western Long Island Sound within a 240-yard radius of the fireworks 
barge in approximate position 40[deg]54[min]45[sec] N 
073[deg]44[min]55[sec] W (NAD 1983), about 450 yards southwest of the 
entrance to Horseshoe Harbor.
    (4) Manursing Island, Western Long Island Sound Safety Zone: All 
waters of western Long Island Sound within a 360-yard radius of the 
fireworks barge in approximate position 40[deg]57[min]47[sec] N 
073[deg]40[min]06[sec] W (NAD 1983), about 380 yards north of Rye Beach 
Transport Rock Buoy 2 (LLNR 25570).
    (5) Glen Island, Western Long Island Sound Safety Zone: All waters 
of western Long Island Sound within a 240-yard radius of the fireworks 
barge in approximate position 40[deg]53[min]12[sec] N 
073[deg]46[min]33[sec] W (NAD 1983), about 350 yards east of the 
northeast corner of Glen Island, New York.
    (6) Twin Island, Western Long Island Sound Safety Zone: All waters 
of western Long Island Sound within a 200-yard radius of the fireworks 
land shoot in approximate position 40[deg]52[min]10[sec] N 
073[deg]47[min]07[sec] W (NAD 1983), at the east end of Orchard Beach, 
New York.
    (7) Davenport Neck, Western Long Island Sound Safety Zone: All 
waters of western Long Island Sound within a 360-yard radius of the 
fireworks barge in Federal Anchorage No. 1-A, in approximate position 
40[deg]53[min]46[sec] N 073[deg]46[min]04[sec] W (NAD 1983), about 360 
yards northwest of Emerald Rock Buoy (LLNR 25810).
    (8) Glen Cove, Hempstead Harbor Safety Zone: All waters of Hempstead 
Harbor within a 360-yard radius of the fireworks barge in approximate 
position 40[deg]51[min]58[sec] N 073[deg]39[min]34[sec] W (NAD 1983), 
about 500 yards northeast of Glen Cove Breakwater Light 5 (LLNR 27065).
    (9) Bar Beach, Hempstead Harbor Safety Zone: All waters of Hempstead 
Harbor within a 180-yard radius of the fireworks barge in approximate 
position 40[deg]49[min]50[sec] N 073[deg]39[min]12[sec] W (NAD 1983), 
about 190 yards north of Bar Beach, Hempstead Harbor, New York.
    (10) Larchmont Harbor, Western Long Island Sound Safety Zone: All 
waters of western Long Island Sound within a 240-yard radius of the 
fireworks barge in approximate position 40[deg]55[min]21.8[sec] N 
073[deg]44[min]21.7[sec] W (NAD 1983), about 540 yards north of Umbrella 
Rock.
    (11) Orchard Beach, The Bronx, Safety Zone: All waters of Long 
Island Sound in an area bound by the following points: 
40[deg]51[min]43.5[sec] N 073[deg]47[min]36.3[sec] W; thence to 
40[deg]52[min]12.2[sec] N 073[deg]47[min]13.6[sec] W; thence to 
40[deg]52[min]02.5[sec] N 073[deg]46[min]47.8[sec] W; thence to 
40[deg]51[min]32.3[sec] N 073[deg]47[min]09.9[sec] W (NAD 1983), thence 
to the point of origin.
    (c) East River. The following areas are safety zones:
    (1) Pier 14, East River Safety Zone: All waters of the East River 
within a 180-yard radius of the fireworks barge in approximate position 
40[deg]42[min]07.5[sec] N 074[deg]00[min]06[sec] W (NAD 1983), about 250 
yards southeast of Pier 14, Manhattan, New York.
    (2) Wards Island, East River Safety Zone: All waters of the East 
River within a 150-yard radius of the fireworks land shoot in 
approximate position 40[deg]46[min]55.5[sec] N 073[deg]55[min]33[sec] W 
(NAD 1983), about 200 yards northeast of the Triborough Bridge.
    (3) Pier 16, East River Safety Zone: All waters of the East River 
within a 180-yard radius of the fireworks barge in approximate position 
40[deg]42[min]12.5[sec] N 074[deg]00[min]02.0[sec] W (NAD 1983), about 
200 yards east of Pier 16.
    (4) Newtown Creek, East River Safety Zone: All waters of the East 
River within a 360-yard radius of the fireworks barge in approximate 
position 40[deg]44[min]24.0[min] N 073[deg]58[min]00.0[sec] W (NAD 
1983), about 785 yards south of Belmont Island.

[[Page 653]]

    (d) Hudson River. The following areas are safety zones:
    (1) Pier 60, Hudson River Safety Zone: All waters of the Hudson 
River within a 360-yard radius of the fireworks barge in approximate 
position 40[deg]44[min]49[sec] N 074[deg]01[min]02[sec] W (NAD 1983), 
about 500 yards west of Pier 60, Manhattan, New York.
    (2) The Battery, Hudson River Safety Zone: All waters of the Hudson 
River and Anchorage Channel within a 360-yard radius of the fireworks 
barge in approximate position 40[deg]42[min]00[sec] N 
074[deg]01[min]17[sec] W (NAD 1983), about 500 yards south of The 
Battery, Manhattan, New York.
    (3) Battery Park City, Hudson River Safety Zone: All waters of the 
Hudson River within a 360-yard radius of the fireworks barge in 
approximate position 40[deg]42[min]39[sec] N 074[deg]01[min]21[sec] W 
(NAD 1983), about 480 yards southwest of North Cove Yacht Harbor, 
Manhattan, New York.
    (4) Pier 90, Hudson River Safety Zone: All waters of the Hudson 
River within a 360-yard radius of the fireworks barge in approximate 
position 40[deg]46[min]11.8[min] N 074[deg]00[min]14.8[sec] W (NAD 
1983), about 375 yards west of Pier 90, Manhattan.
    (5) Yonkers, New York, Hudson River Safety Zone: All waters of the 
Hudson River within a 360-yard radius of the fireworks barge in 
approximate position 40[deg]56[min]14.5[sec] N 073[deg]54[min]33[sec] W 
(NAD 1983), about 475 yards northwest of the Yonkers Municipal Pier, New 
York.
    (6) Hastings-on-Hudson, New York, Hudson River Safety Zone: All 
waters of the Hudson River within a 360-yard radius of the fireworks 
barge in approximate position 40[deg]59[min]44.5[sec] N 
073[deg]53[min]28[sec] W (NAD 1983), about 425 yards west of Hastings-
on-Hudson, New York.
    (7) Pier D, Hudson River Safety Zone: All waters of the Hudson River 
within a 360-yard radius of the fireworks barge in approximate position 
40[deg]42[min]57.5[sec] N 074[deg]01[min]34[sec] W (NAD 1983), about 375 
yards southeast of Pier D, Jersey City, New Jersey.
    (8) Pier 54, Hudson River Safety Zone: All waters of the Hudson 
River within a 360-yard radius of the fireworks barge in approximate 
position 40[deg]44[min]31[sec] N 074[deg]01[min]00[sec] W (NAD 1983), 
about 380 yards west of Pier 54, Manhattan.
    (9) Pier 84, Hudson River Safety Zone: All waters of the Hudson 
River within a 360-yard radius of the fireworks barge in approximate 
position 40[deg]45[min]56.9[sec] N 074[deg]00[min]25.4[sec] W (NAD 
1983), about 380 yards west of Pier 84, Manhattan.
    (10) Peekskill Bay, Hudson River Safety Zone: All waters of 
Peekskill Bay within a 360-yard radius of the fireworks barge in 
approximate position 41[deg]17[min]16[sec] N 073[deg]56[min]18[sec] W 
(NAD 1983), about 670 yards north of Travis Point.
    (11) Jersey City, Hudson River Safety Zone: All waters of the Hudson 
River within a 360-yard radius of the fireworks barge in approximate 
position 40[deg]42[min]37.3[sec] N 074[deg]01[min]41.6[sec] W (NAD 
1983), about 420 yards east of Morris Canal Little Basin.
    (12) Newburgh, NY, Safety Zone: All waters of the Hudson River 
within a 360-yard radius of the fireworks barge in approximate position 
41[deg]30[min]01.2[sec] N 073[deg]59[min]42.5[sec] W (NAD 1983), 
approximately 930 yards east of Newburgh, NY.
    (e) Notification. Coast Guard Activities New York will cause notice 
of the activation of these safety zones to be made by all appropriate 
means to effect the widest publicity among the affected segments of the 
public, including publication in the local notice to mariners, marine 
information broadcasts, and facsimile. Fireworks barges used in these 
locations will also have a sign on their port and starboard side labeled 
``FIREWORKS--STAY AWAY''. This sign will consist of 10 high 
by 1.5 wide red lettering on a white background. Shore sites 
used in these locations will display a sign labeled ``FIREWORKS--STAY 
AWAY'' with the same dimensions.
    (f) Enforcement period. This section will be enforced from 6 p.m. 
(e.s.t.) to 1 a.m. (e.s.t.) each day a barge with a ``FIREWORKS--STAY 
AWAY'' sign on the port and starboard side is on-scene or a 
``FIREWORKS--STAY AWAY'' sign is posted in a location listed in 
paragraphs (a) through (d) of this section. Vessels may enter, remain 
in, or transit through these safety zones during this time frame if 
authorized by the Captain of the Port New York or designated Coast Guard 
patrol personnel on scene.
    (g) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.

[[Page 654]]

    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated on-scene-patrol 
personnel. These personnel comprise commissioned, warrant, and petty 
officers of the Coast Guard. Upon being hailed by a U. S. Coast Guard 
vessel by siren, radio, flashing light, or other means, the operator of 
a vessel shall proceed as directed.

[CDG01-00-004, 65 FR 43239, July 13, 2000, as amended by CGDO1-00-221, 
66 FR 16000, Mar. 22, 2001; CGD01-03-102, 69 FR 41199, July 8, 2004]



Sec. 165.169  Safety and Security Zones: New York Marine Inspection Zone and 

Captain of the Port Zone.

    (a) Safety and security zones. The following waters within the New 
York Marine Inspection Zone and Captain of the Port Zone are safety and 
security zones:
    (1) Indian Point Nuclear Power Station (IPNPS). All waters of the 
Hudson River within a 300-yard radius of the IPNPS pier in approximate 
position 41[deg]16[min]12.4[sec] N, 073[deg]57[min]16.2[sec] W (NAD 83).
    (2) U.S. Coast Guard Cutters and Shore Facilities. All waters within 
100 yards of: Each moored, or anchored, Coast Guard Cutter; Coast Guard 
Station New York, Staten Island, NY; Coast Guard Station Sandy Hook, NJ; 
Coast Guard Station Kings Point, NY; and Coast Guard Aids to Navigation 
Team New York, Bayonne, NJ.
    (3) Part 105 Facilities--(i) Definition. For the purposes of this 
section, Part 105 Facility means any facility subject to the regulations 
contained in 33 CFR part 105, including those designated as ``Public 
Access Facilities'' as defined in 33 CFR 101.105. For public 
identification purposes, all of these facilities are required to have 
signs posted along the shoreline, facing the water, indicating that 
there is a 25 yard waterfront security zone surrounding the facilities.
    (ii) Location. All waters within 25 yards of each Part 105 Facility. 
When a barge, ferry, or other commercial vessel is conducting transfer 
operations at a Part 105 Facility, the 25-yard zone is measured from the 
outboard side of the commercial vessel.
    (iii) Regulations. (A) Vessels not actively engaged in passenger, 
cargo, provision, facility maintenance or inspection, bunker transfer 
operations, or docking or undocking operations, authorized in advance by 
the Facility Security Plan, Facility Security Officer or designated 
representative, must not enter within any part of a zone described in 
paragraph (a)(3) of this section without the express permission of the 
Coast Guard Captain of the Port, a designated representative or 
designated on-scene patrol personnel.
    (B) Persons seeking Captain of the Port permission to enter within a 
particular zone for official business other than authorized passenger, 
cargo, provision, facility maintenance or inspection, bunker transfer 
operations or authorized docking or undocking operations may request 
such authorization by contacting: Commander Coast Guard Sector New York, 
via the Sector Command Center (SCC), at: 212 Coast Guard Drive, Staten 
Island, NY 10305, or via fax to (718) 354-4125 or by contacting the 
Sector Command Center Duty Officer by phone at: (718) 354-4353.
    (C) Vessels may transit through any portion of the zone that extends 
into the navigable channel for the sole purpose of direct and 
expeditious transit so long as they remain within the navigable channel, 
maintain the maximum safe distance from the Part 105 facility, and do 
not stop or loiter within the zone.
    (4) Liberty and Ellis Islands. All waters within 150 yards of 
Liberty Island, Ellis Island, and the bridge between Liberty State Park 
and Ellis Island.
    (5) Bridge Piers and Abutments, Overhead Power Cable Towers, Piers 
and Tunnel Ventilators. All waters within 25 yards of any bridge pier or 
abutment, overhead power cable tower, pier or tunnel ventilators south 
of the Troy, NY Locks. Vessels may transit through any portion of the 
zone that extends into the navigable channel for the sole purpose of 
direct and expeditious transit through the zone so long as they remain 
within the navigable channel, maintain the maximum safe distance from 
the waterfront facility and do not stop or loiter within the zone.
    (6) New York City Passenger Ship Terminal, Hudson River, NY--(i) 
Location. All navigable waters of the Hudson River bound by the 
following points:

[[Page 655]]

From the point 40[deg]46[min]09[sec] N, 073[deg]59[min]48.7[sec] W on 
the seawall midway between Pier 92 and 94, thence northwest to 
approximate position 40[deg]46[min]14[sec] N, 074[deg]00[min]00.9[sec] 
W, approximately 125 yards northwest of Pier 92, thence southwest to 
approximate position 40[deg]45[min]56.7[sec] N, 074[deg]00[min]15.3[sec] 
W, approximately 150 yards west of Pier 86, thence east to the seawall 
between Pier 84 and Pier 86 at approximate position 
40[deg]45[min]49.6[sec] N, 073[deg]59[min]58.1[sec] W (NAD 1983), thence 
northeast along the shoreline to the point of origin.
    (ii) Regulations. Vessels not actively engaged in passenger, cargo, 
provision, facility maintenance or inspection, bunker transfer 
operations, or docking or undocking operations, authorized in advance by 
the Facility Security Plan, Facility Security Officer or designated 
representative, must not enter within any part of a zone described in 
paragraph (a)(6) of this section without the express permission of the 
Coast Guard Captain of the Port, a designated representative or 
designated on-scene patrol personnel. Persons seeking Captain of the 
Port permission to enter within the zone described in paragraph (a)(6) 
of this section for official business other than authorized passenger, 
cargo, provision, facility maintenance or inspection, bunker transfer 
operations or authorized docking or undocking operations may request 
such authorization by contacting: Commander Coast Guard Sector New York, 
via the Sector Command Center (SCC), at: 212 Coast Guard Drive, Staten 
Island, NY 10305, or via fax to (718) 354-4125 or by contacting the 
Sector Command Center Duty Officer by phone at: (718) 354-4353.
    (7) La Guardia Airport, Bowery and Flushing Bays, Queens, NY. (i) 
Location: 200-Yard Zone. All waters of Bowery and Flushing Bays within 
approximately 200 yards of La Guardia Airport bound by the following 
points: Onshore at Steinway, Queens, in approximate position 
40[deg]46[min]32.1[sec] N, 073[deg]53[min]22.4[sec] W, thence to 
40[deg]46[min]52.8[sec] N, 073[deg]53[min]09.3[sec] W, thence to 
40[deg]46[min]54.8[sec] N, 073[deg]52[min]54.2[sec] W, thence to 
40[deg]46[min]59.3[sec] N, 073[deg]52[min]51.3[sec] W, thence to 
40[deg]47[min]11.8[sec] N, 073[deg]53[min]17.3[sec] W, thence to 
40[deg]47[min]13.0[sec] N, 073[deg]53[min]16.1[sec] W on Rikers Island, 
thence easterly along the Rikers Island shoreline to approximate 
position 40[deg]47[min]12.9[sec] N, 073[deg]52[min]17.9[sec] W, thence 
to 40[deg]47[min]16.7[sec] N, 073[deg]52[min]09.2[sec] W, thence to 
40[deg]47[min]36.1[sec] N, 073[deg]51[min]52.5[sec] W, thence to 
40[deg]47[min]35.1[sec] N, 073[deg]51[min]50.5[sec] W, thence to 
40[deg]47[min]15.9[sec] N, 073[deg]52[min]06.4[sec] W, thence to 
40[deg]47[min]14.5[sec] N, 073[deg]52[min]03.1[sec] W, thence to 
40[deg]47[min]10.6[sec] N, 073[deg]52[min]06.7[sec] W, thence to 
40[deg]47[min]01.9[sec] N, 073[deg]52[min]02.4[sec] W, thence to 
40[deg]46[min]50.4[sec] N, 073[deg]52[min]08.1[sec] W, thence to 
40[deg]46[min]26.8[sec] N, 073[deg]51[min]18.5[sec] W, thence to 
40[deg]45[min]57.2[sec] N, 073[deg]51[min]01.8[sec] W, thence to 
40[deg]45[min]51.2[sec] N, 073[deg]50[min]59.6[sec] W, thence to 
40[deg]45[min]49.5[sec] N, 073[deg]51[min]07.2[sec] W, thence to 
40[deg]45[min]58.8[sec] N, 073[deg]51[min]13.2[sec] W, thence to 
40[deg]46[min]02.3[sec] N, 073[deg]51[min]20.1[sec] W, thence to 
40[deg]45[min]48.4[sec] N, 073[deg]51[min]37.0[sec] W, (NAD 1983) thence 
along the shoreline to the point of origin.
    (ii) Location: 100-Yard Zone. All waters of Bowery and Flushing Bays 
within approximately 100 yards of La Guardia Airport bound by the 
following points: Onshore at Steinway, Queens, in approximate position 
40[deg]46[min]32.1[sec] N, 073[deg]53[min]22.4[sec] W, thence to 
40[deg]46[min]50.6[sec] N, 073[deg]53[min]07.3[sec] W, thence to 
40[deg]46[min]53.0[sec] N, 073[deg]52[min]50.9[sec] W, thence to 
40[deg]46[min]57.6[sec] N, 073[deg]52[min]47.9[sec] W, thence to 
40[deg]47[min]11.8[sec] N, 073[deg]53[min]17.3[sec] W, thence to 
40[deg]47[min]13.0[sec] N, 073[deg]53[min]16.1[sec] W on Rikers Island, 
thence easterly along the Rikers Island shoreline to approximate 
position 40[deg]47[min]12.9[sec] N, 073[deg]52[min]17.9[sec] W, thence 
to 40[deg]47[min]16.7[sec] N, 073[deg]52[min]09.2[sec] W, thence to 
40[deg]47[min]36.1[sec] N, 073[deg]51[min]52.5[sec] W, thence to 
40[deg]47[min]35.1[sec] N, 073[deg]51[min]50.5[sec] W, thence to 
40[deg]47[min]15.9[sec] N, 073[deg]52[min]06.4[sec] W, thence to 
40[deg]47[min]14.5[sec] N, 073[deg]52[min]03.1[sec] W, thence to 
40[deg]47[min]07.9[sec] N, 073[deg]52[min]09.2[sec] W, thence to 
40[deg]47[min]01.4[sec] N, 073[deg]52[min]06.1[sec] W, thence to 
40[deg]46[min]50.0[sec] N, 073[deg]52[min]14.6[sec] W, thence to 
40[deg]46[min]22.2[sec] N, 073[deg]51[min]16.0[sec] W, thence to 
40[deg]45[min]57.2[sec] N, 073[deg]51[min]01.8[sec] W, thence to 
40[deg]45[min]52.4[sec] N, 073[deg]51[min]00.2[sec] W, thence to 
40[deg]45[min]50.6[sec] N, 073[deg]51[min]07.9[sec] W, thence to 
40[deg]45[min]58.8[sec] N, 073[deg]51[min]13.2[sec] W, thence to 
40[deg]46[min]04.0[sec] N, 073[deg]51[min]23.3[sec] W, thence to 
40[deg]45[min]51.2[sec] N, 073[deg]51[min]38.8[sec] W, (NAD 1983) thence 
along the shoreline to the point of origin.
    (iii) Enforcement period. The zones described in paragraph (a)(7) of 
this section will be effective at all times. When port security 
conditions permit, the Captain of the Port will allow vessels to operate 
within that portion of the waters described in paragraph (a)(7)(i) that 
lies outside of the waters described in paragraph (a)(7)(ii). 
Authorization to enter the waters that lie between the outer boundaries 
of the

[[Page 656]]

zones described in paragraphs (a)(7)(i) and (a)(7)(ii) will be 
communicated by the Captain of the Port to the public by marine 
broadcast, or local notice to mariners, or notice posted at http://
homeport.uscg.mil/newyork.
    (8) John F. Kennedy Airport, Jamaica Bay, Queens, NY. (i) Location: 
Bergen Basin. All waters of Bergen Basin north of 
40[deg]39[min]26.4[sec] N.
    (ii) Location: Thurston Basin. All waters of Thurston Basin north of 
40[deg]38[min]21.2[sec] N.
    (iii) Location: 200-Yard Zone. All waters of Jamaica Bay within 
approximately 200 yards of John F. Kennedy Airport bound by the 
following points: Onshore east of Bergen Basin, Queens, in approximate 
position 40[deg]38[min]49.0[sec] N, 073[deg]49[min]09.1[sec] W, thence 
to 40[deg]38[min]42.5[sec] N, 073[deg]49[min]13.2[sec] W, thence to 
40[deg]38[min]00.6[sec] N, 073[deg]47[min]35.1[sec] W, thence to 
40[deg]37[min]52.3[sec] N, 073[deg]47[min]55.0[sec] W, thence to 
40[deg]37[min]50.3[sec] N, 073[deg]47[min]53.5[sec] W, thence to 
40[deg]37[min]59.4[sec] N, 073[deg]47[min]32.6[sec] W, thence to 
40[deg]37[min]46.1[sec] N, 073[deg]47[min]07.2[sec] W, thence to 
40[deg]37[min]19.5[sec] N, 073[deg]47[min]30.4[sec] W, thence to 
40[deg]37[min]05.5[sec] N, 073[deg]47[min]03.0[sec] W, thence to 
40[deg]37[min]34.7[sec] N, 073[deg]46[min]40.6[sec] W, thence to 
40[deg]37[min]20.5[sec] N, 073[deg]46[min]23.5[sec] W, thence to 
40[deg]37[min]05.7[sec] N, 073[deg]46[min]34.9[sec] W, thence to 
40[deg]36[min]54.8[sec] N, 073[deg]46[min]26.7[sec] W, thence to 
40[deg]37[min]14.1[sec] N, 073[deg]46[min]10.8[sec] W, thence to 
40[deg]37[min]36.9[sec] N, 073[deg]45[min]52.8[sec] W, thence to 
40[deg]38[min]00.8[sec] N, 073[deg]44[min]54.9[sec] W, thence to 
40[deg]38[min]05.1[sec] N, 073[deg]45[min]00.3[sec] W, (NAD 1983) thence 
along the shoreline to the point of origin.
    (iv) Location: 100-Yard Zone. All waters of Jamaica Bay within 
approximately 100 yards of John F. Kennedy Airport bound by the 
following points: Onshore east of Bergen Basin, Queens, in approximate 
position 40[deg]38[min]49.0[sec] N, 073[deg]49[min]09.1[sec] W, thence 
to 40[deg]38[min]45.1[sec] N, 073[deg]49[min]11.6[sec] W, thence to 
40[deg]38[min]02.0[sec] N, 073[deg]47[min]31.8[sec] W, thence to 
40[deg]37[min]52.3[sec] N, 073[deg]47[min]55.0[sec] W, thence to 
40[deg]37[min]50.3[sec] N, 073[deg]47[min]53.5[sec] W, thence to 
40[deg]38[min]00.8[sec] N, 073[deg]47[min]29.4[sec] W, thence to 
40[deg]37[min]47.4[sec] N, 073[deg]47[min]02.4[sec] W, thence to 
40[deg]37[min]19.9[sec] N, 073[deg]47[min]25.0[sec] W, thence to 
40[deg]37[min]10.0[sec] N, 073[deg]47[min]03.7[sec] W, thence to 
40[deg]37[min]37.7[sec] N, 073[deg]46[min]41.2[sec] W, thence to 
40[deg]37[min]22.6[sec] N, 073[deg]46[min]21.9[sec] W, thence to 
40[deg]37[min]05.7[sec] N, 073[deg]46[min]34.9[sec] W, thence to 
40[deg]36[min]54.8[sec] N, 073[deg]46[min]26.7[sec] W, thence to 
40[deg]37[min]14.1[sec] N, 073[deg]46[min]10.8[sec] W, thence to 
40[deg]37[min]40.0[sec] N, 073[deg]45[min]55.6[sec] W, thence to 
40[deg]38[min]02.8[sec] N, 073[deg]44[min]57.5[sec] W, thence to 
40[deg]38[min]05.1[sec] N, 073[deg]45[min]00.3[sec] W, (NAD 1983) thence 
along the shoreline to the point of origin.
    (v) Enforcement period. The zones described in paragraphs (a)(8) of 
this section will be effective at all times. When port security 
conditions permit, the Captain of the Port will allow vessels to operate 
within that portion of the waters described in paragraph (a)(8)(iii) 
that lies outside of the waters described in paragraph (a)(8)(iv). 
Authorization to enter the waters that lie between the outer boundaries 
of the zones described in paragraphs (a)(8)(iii) and (a)(8)(iv) will be 
communicated by the Captain of the Port to the public by marine 
broadcast, local notice to mariners, or notice posted at http://
homeport.uscg.mil/newyork.
    (9) NYPD Ammunition Depot, Rodman Neck, Eastchester Bay, NY. (i) 
Location: 150-Yard Zone. All waters of Eastchester Bay within 
approximately 150 yards of Rodman Neck bound by the following points: 
Onshore in approximate position 40[deg]51[min]30.4[sec] N, 
073[deg]48[min]14.9[sec] W, thence to 40[deg]51[min]29.9[sec] N, 
073[deg]48[min]20.7[sec] W, thence to 40[deg]51[min]16.9[sec] N, 
073[deg]48[min]22.5[sec] W, thence to 40[deg]51[min]07.5[sec] N, 
073[deg]48[min]18.7[sec] W, thence to 40[deg]50[min]54.2[sec] N, 
073[deg]48[min]11.1[sec] W, thence to 40[deg]50[min]48.5[sec] N, 
073[deg]48[min]04.6[sec] W, thence to 40[deg]50[min]49.2[sec] N, 
073[deg]47[min]56.5[sec] W, thence to 40[deg]51[min]03.6[sec] N, 
073[deg]47[min]47.3[sec] W, thence to 40[deg]51[min]15.7[sec] N, 
073[deg]47[min]46.8[sec] W, thence to 40[deg]51[min]23.5[sec] N, 
073[deg]47[min]41.9[sec] W, (NAD 1983) thence southwesterly along the 
shoreline to the point of origin.
    (ii) Location: 100-Yard Zone. All waters of Eastchester Bay within 
approximately 100 yards of Rodman Neck bound by the following points: 
Onshore in approximate position 40[deg]51[min]30.4[sec] N, 
073[deg]48[min]14.9[sec] W, thence to 40[deg]51[min]30.1[sec] N, 
073[deg]48[min]19.0[sec] W, thence to 40[deg]51[min]16.8[sec] N, 
073[deg]48[min]20.5[sec] W, thence to 40[deg]51[min]07.9[sec] N, 
073[deg]48[min]16.8[sec] W, thence to 40[deg]50[min]54.9[sec] N, 
073[deg]48[min]09.0[sec] W, thence to 40[deg]50[min]49.7[sec] N, 
073[deg]48[min]03.6[sec] W, thence to 40[deg]50[min]50.1[sec] N, 
073[deg]47[min]57.9[sec] W, thence to 40[deg]51[min]04.6[sec] N, 
073[deg]47[min]48.9[sec] W, thence to 40[deg]51[min]15.9[sec] N, 
073[deg]47[min]48.4[sec] W, thence to 40[deg]51[min]23.5[sec] N, 
073[deg]47[min]41.9[sec] W, (NAD 1983) thence southwesterly along the 
shoreline to the point of origin.
    (iii) Enforcement period. The zones described in paragraph (a)(9) of 
this section will be effective at all times. When port security 
conditions permit, the Captain of the Port will allow vessels

[[Page 657]]

to operate within that portion of the waters described in paragraph 
(a)(9)(i) that lies outside of the waters described in paragraph 
(a)(9)(ii). Authorization to enter the waters that lie between the outer 
boundaries of the zones described in paragraphs (a)(9)(i) and (a)(9)(ii) 
will be communicated by the Captain of the Port to the public by marine 
broadcast, local notice to mariners, or notice posted at http://
homeport.uscg.mil/newyork.
    (10) Port Newark/Port Elizabeth, Newark Bay, NJ. All waters of 
Newark Bay bound by the following points: 40[deg]41[min]49.9[sec] N, 
074[deg]07[min]32.2[sec] W, thence to 40[deg]41[min]46.5[sec] N, 
074[deg]07[min]20.4[sec] W, thence to 40[deg]41[min]10.7[sec] N, 
074[deg]07[min]45.9[sec] W, thence to 40[deg]40[min]54.3[sec] N, 
074[deg]07[min]55.7[sec] W, thence to 40[deg]40[min]36.2[sec] N, 
074[deg]08[min]03.8[sec] W, thence to 40[deg]40[min]29.1[sec] N, 
074[deg]08[min]06.3[sec] W, thence to 40[deg]40[min]21.9[sec] N, 
074[deg]08[min]10.0[sec] W, thence to 40[deg]39[min]27.9[sec] N, 
074[deg]08[min]43.6[sec] W, thence to 40[deg]39[min]21.5[sec] N, 
074[deg]08[min]50.1[sec] W, thence to 40[deg]39[min]21.5[sec] N, 
074[deg]09[min]54.3[sec] W, (NAD 1983) thence northerly along the 
shoreline to the point of origin.
    (11) Global Marine Terminal, Upper New York Bay. All waters of Upper 
New York Bay between the Global Marine and Military Ocean Terminals, 
west of the New Jersey Pierhead Channel.
    (12) Approaches to New York, Atlantic Ocean--(i) Location: All 
waters of the Atlantic Ocean between the Ambrose to Hudson Canyon 
Traffic Lane and the Barnegat to Ambrose Traffic Lane bound by the 
following points: 40[deg]21[min]29.9[sec] N, 073[deg]44[min]41.0[sec] W, 
thence to 40[deg]21[min]04.5[sec] N, 073[deg]45[min]31.4[sec] W, thence 
to 40[deg]15[min]28.3[sec] N, 073[deg]44[min]13.8[sec] W, thence to 
40[deg]15[min]35.4[sec] N, 073[deg]43[min]29.8[sec] W, thence to 
40[deg]19[min]21.2[sec] N, 073[deg]42[min]53.0[sec] W, (NAD 1983) thence 
to the point of origin.
    (ii) Enforcement period. Enforcement periods for the zone in 
paragraph (a)(12) of this section will be announced through marine 
information broadcast or other appropriate method of communication and 
the zone is activated whenever a vessel is anchored in the area 
described in paragraph (a)(12)(i) or a Coast Guard patrol vessel is on-
scene.
    (iii) Regulations. (A) The area described in paragraph (a)(12) of 
this section is not a Federal Anchorage Ground. Only vessels directed by 
the Captain of the Port or his or her designated representative to enter 
this zone are authorized to anchor here.
    (B) Vessels do not need permission from the Captain of the Port to 
transit the area described in paragraph (a)(12) of this section during 
periods when that security zone is not being enforced.
    (13) Liquefied Hazardous Gas (LHG) Vessels--(i) Definitions. For the 
purposes of this section, LHG Vessel means any vessel constructed or 
converted to carry, in bulk, any of the flammable or toxic products 
listed in 33 CFR 127.005, Table 127.005.
    (ii) Location. All waters within a 200-yard radius of any LHG Vessel 
that is underway and all waters within a 100-yard radius of any LHG 
Vessel that is moored or at anchor.
    (iii) Enforcement period. The zone described in paragraph (a)(13) of 
this section will be activated upon entry of a LHG Vessel into the 
navigable waters of the United States (see 33 CFR 2.36(a) to include the 
12 NM territorial sea) in the New York Captain of the Port Zone (33 CFR 
3.05-30). The LHG Vessel will be identifiable by the requirement to fly 
the Bravo flag (red international signal flag under Pub. 102, 
International Code of Signals) from the outermost halyard (above the 
pilot house) where it can most easily be seen. In addition to visual 
identification of the LHG Vessel, the Captain of the Port will notify 
the maritime community of periods during which this zone will be 
enforced by methods in accordance with 33 CFR 165.7.
    (14) Cruise ships--(i) Definition. For the purposes of this section, 
cruise ship means a passenger vessel as defined in 46 U.S.C. 2101(22), 
that is authorized to carry more than 400 passengers and is 200 or more 
feet in length. A cruise ship under this section will also include 
ferries as defined in 46 CFR 2.10-25 that are authorized to carry more 
than 400 passengers and are 200 feet or more in length.
    (ii) Location. All waters within a 100-yard radius of any Cruise 
ship whether underway, anchored, or at berth.
    (iii) Enforcement period. The zone described in paragraph (a)(14) of 
this section will be activated upon entry of any cruise ship into the 
navigable waters of the United States (see 33 CFR

[[Page 658]]

2.36(a) to include the 12 NM territorial sea) in the New York Captain of 
the Port Zone (33 CFR 3.05-30). This zone will remain activated at all 
times while the cruise ship is within the navigable waters of the United 
States in the New York Captain of the Port Zone.
    (15) Designated Vessels--(i) Definition. For the purposes of this 
section, Designated Vessels are vessels carrying government officials, 
dignitaries, or other passengers requiring protection by the U.S. Secret 
Service, or other Federal, State or local law enforcement agency; barges 
or ships carrying petroleum products, chemicals, or other hazardous 
cargo; and passenger vessels (as defined in 46 U.S.C. 2101(22)), that 
are authorized to carry more than 400 passengers and are less than 200 
feet in length.
    (ii) Location. All waters within a 100-yard radius of any Designated 
Vessel.
    (iii) Enforcement period. The zone described in paragraph (a)(15) of 
this section will be activated upon entry of any Designated Vessel into 
the navigable waters of the United States (see 33 CFR 2.36(a) to include 
the 12 NM territorial sea) in the New York Captain of the Port Zone (33 
CFR 3.05-30). This zone will remain activated at all times while the 
Designated Vessel is within the navigable waters of the United States in 
the New York Captain of the Port Zone. The Designated Vessels, including 
ships and barges carrying petroleum products, chemicals, or other 
hazardous cargo will be recognized by the requirement to fly the Bravo 
flag (red international signal flag under Pub 102, International Code of 
Signals from the outermost halyard (above the pilot house) where it can 
most easily be seen. Vessels that are constrained by their draft from 
leaving the channel may transit through the zone for the sole purpose of 
direct and expeditious transit so long as they remain within the 
navigable channel, maintain the maximum possible safe distance from the 
Designated Vessel, and do not stop or loiter within the zone. Designated 
Vessels carrying government officials, dignitaries, or other passengers 
requiring protection, and passenger vessels authorized to carry more 
than 400 passengers and are less than 200 feet in length will be 
recognizable by their being escorted by a federal, state or local law 
enforcement or security vessel. The law enforcement or security vessel 
will be identifiable by flashing light, siren, flags, markings and/or 
through other means that clearly identify the vessel as engaged in law 
enforcement or security operations.
    (16) 134th Street Pipeline Metering and Regulating Station--(i) 
Location. All waters of the Hudson River within 25 yards of the 134th 
Street Pipeline Metering and Regulating Station.
    (ii) Regulations. (A) Vessels not actively engaged in facility 
maintenance or inspection operations authorized in advance by the 
Pipeline Security Officer or designated representative, or authorized 
docking or undocking operations, must not enter within any part of a 
zone described in paragraph (a)(16) of this section without the express 
permission of the Coast Guard Captain of the Port, a designated 
representative or designated on-scene patrol personnel.
    (B) Persons seeking Captain of the Port permission to enter within a 
particular zone for official business other than authorized passenger, 
cargo, provision, facility maintenance or inspection, bunker transfer 
operations or authorized docking or undocking operations may request 
such authorization by contacting: Commander Coast Guard Sector New York, 
via the Sector Command Center (SCC), at: 212 Coast Guard Drive, Staten 
Island, NY 10305, or via fax to (718) 354-4125 or by contacting the 
Sector Command Center Duty Officer by phone at: (718) 354-4353.
    (17) Waterfront heliports--(i) Location. All waters of the East 
River within 25 yards of the East 34th Street and Wall Street Heliports, 
and all waters of the Hudson River within 25 yards of the West 30th 
Street Heliport and the Jersey City/Newport Helistop, areas of land or 
water under and in immediate proximity to them; buildings on such 
structures or contiguous to them; and equipment and materials on such 
structures and in such buildings. When a barge, ferry, or other 
commercial vessel is conducting transfer operations at a waterfront 
heliport, the 25-yard zone is measured from the outboard side of the 
commercial vessel.

[[Page 659]]

    (ii) Regulations. (A) Vessels not actively engaged in passenger, 
cargo, provision, facility maintenance or inspection, bunker transfer 
operations, or docking or undocking operations, authorized in advance by 
the Facility Security Plan, Facility Security Officer or designated 
representative, must not enter within any part of a zone described in 
paragraph (a)(17) of this section without the express permission of the 
Coast Guard Captain of the Port, a designated representative, or 
designated on-scene patrol personnel.
    (B) Persons seeking Captain of the Port permission to enter within a 
particular zone for official business other than authorized passenger, 
cargo, provision, facility maintenance or inspection, bunker transfer 
operations or authorized docking or undocking operations may request 
such authorization by contacting: Commander Coast Guard Sector New York, 
via the Sector Command Center (SCC), at: 212 Coast Guard Drive, Staten 
Island, NY 10305, or via fax to (718) 354-4125 or by contacting the 
Sector Command Center Duty Officer by phone at: (718) 354-4353.
    (C) Vessels entering or departing the marina north of the Newport 
Helistop are authorized to transit through the safety/security zone 
around the Newport Helistop during their transit, provided that 
helicopters are not taking off or landing. No loitering or unnecessary 
delay is authorized during these transits.
    (b) Regulations. (1) Entry into or remaining in a safety or security 
zone is prohibited unless authorized by the Coast Guard Captain of the 
Port, New York.
    (2) Persons desiring to transit the area of a safety or security 
zone may contact the Captain of the Port at telephone number 718-354-
4088 or on VHF channel 14 (156.7 MHz) or VHF channel 16 (156.8 MHz) to 
seek permission to transit the area. If permission is granted, all 
persons and vessels must comply with the instructions of the Captain of 
the Port or his or her designated representative.

[CGD01-02-132, 68 FR 2890, Jan. 22, 2003, as amended by CGD01-03-036, 69 
FR 2670, Jan. 20, 2004; CGD01-03-020, 69 FR 23306, June 15, 2004; USCG-
2008-0179, 73 FR 35017, June 19, 2008; USCG-2007-0074, 74 FR 7191, Feb. 
13, 2009]



Sec. 165.170  Safety Zone: Triathlon, Ulster Landing, Hudson River, NY.

    (a) Regulated area. The following area is a safety zone: All waters 
of the Hudson River, in the vicinity of Ulster Landing, bound by the 
following points: 42[deg]00[min]03.7[sec] N, 073[deg]56[min]43.1[sec] W; 
thence to 41[deg]59[min]52.5[sec] N, 073[deg]56[min]34.2[sec] W; thence 
to 42[deg]00[min]15.1[sec] N, 073[deg]56[min]25.2[sec] W; thence to 
42[deg]00[min]05.4[sec] N, 073[deg]56[min]41.9[sec] W (NAD 1983); thence 
along the shoreline to the point of beginning.
    (b) Effective period. This section is in effect annually from 6 a.m. 
until 9 a.m. on the first Sunday after July 4th.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) No vessels will be allowed to transit the safety zone without 
the permission of the Captain of the Port, New York.
    (3) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated on-scene patrol 
personnel. These personnel comprise commissioned, warrant, and petty 
officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard 
vessel by siren, radio, flashing light, or other means, the operator of 
a vessel shall proceed as directed.

[CGD01-00-248, 66 FR 29486, May 31, 2001]



Sec. 165.202  [Reserved]

                       Fifth Coast Guard District



Sec. 165.T05-0091  Safety Zone; Alligator River, NC.

    (a) Definitions. For the purposes of this section, Captain of the 
Port means the Commander, Sector North Carolina. Representative means 
any Coast Guard commissioned, warrant, or petty officer who has been 
authorized to act on the behalf of the Captain of the Port.
    (b) Location. The following area is a safety zone: The temporary 
safety zone will encompass a 100 yard radius on the waters of the 
Alligator River centered at (35[deg]54[min]3[sec] N/
076[deg]00[min]25[sec] W) a position directly under the U.S. Highway 64 
Swing Bridge.
    (c) Regulations. (1) The general regulations contained in Sec. 
165.23 of this part

[[Page 660]]

apply to the area described in paragraph (b) of this section.
    (2) Persons or vessels requiring entry into or passage through any 
portion of the safety zone must first request authorization from the 
Captain of the Port, or a designated representative, unless the Captain 
of the Port previously announced via Marine Safety Radio Broadcast on 
VHF Marine Band Radio channel 22 (157.1 MHz) that this regulation will 
not be enforced in that portion of the safety zone. The Captain of the 
Port can be contacted at (252) 247-4570 or by VHF Marine Band Radio 
channels 13 and 16.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the zone by Federal, State, and local agencies.
    (e) Enforcement period. This zone will be in effect from 7 p.m. to 7 
a.m. daily from July 1, 2010 through September 30, 2010. A daily opening 
will be provided at 1 a.m. if a two hour advanced notice is provided to 
the contractor by contacting the bridge at telephone number (252) 796-
7261 or VHF Marine Band Radio channel 13.

    Effective Date Note: By USCG-2010-0091, 75 FR 34367, June 17, 2010, 
temporary Sec. 165.T05-0091 was added, effective from 7 p.m. July 1, 
2010 through 7 a.m. Sept. 30, 2010.



Sec. 165.500  Safety/Security Zones; Chesapeake Bay, Maryland.

    (a) Definitions. (1) Certain Dangerous Cargo (CDC) means a material 
defined in 33 CFR part 160.
    (2) Liquefied Hazardous Gas (LHG) means a material defined in 33 CFR 
part 127.
    (3) Liquefied Natural Gas (LNG) means a material defined in 33 CFR 
part 127.
    (4) Cruise ship means a vessel defined as a ``passenger vessel'' in 
46 U.S.C. 2101 (22).
    (b) Location. The following areas are a safety/security zone: All 
waters of the Chesapeake Bay and its tributaries, from surface to 
bottom, within a 500 yard radius around cruise ships and vessels 
transporting CDC, LNG, or LHG while transiting, anchored, or moored 
within the COTP Baltimore zone.
    (c) Regulations. (1) The COTP will notify the maritime community of 
affected vessels and the periods during which the safety/security zones 
will be enforced by providing notice to mariners in accordance with 33 
CFR 165.7.
    (2) Entry into or remaining in this zone is prohibited unless 
authorized by the Coast Guard COTP, Baltimore, Maryland or his 
designated representative.
    (3) Persons desiring to transit the area of the security zone may 
contact the COTP at telephone number 410-576-2693 or on VHF channel 16 
(156.8 MHz) to seek permission to transit the area. If permission is 
granted, all persons and vessels must comply with the instructions of 
the COTP or his or her designated representative.
    (d) Authority. In addition to 33 U.S.C. 1231, the authority for this 
section includes 50 U.S.C. 191.

[CDG05-03-008, 68 FR 43311, July 22, 2003]



Sec. 165.501  Chesapeake Bay entrance and Hampton Roads, VA and adjacent 

waters--Regulated Navigation Area.

    (a) Location. The waters enclosed by the shoreline and the following 
lines are a Regulated Navigation Area:
    (1) Offshore zone. A line drawn due East from the mean low water 
mark at the North Carolina and Virginia border at latitude 
36[deg]33[min]03[sec] N, longitude 75[deg]52[min]00[sec] W, to the 
Territorial Seas boundary line at latitude 36[deg]33[min]05[sec] N, 
longitude 75[deg]36[min]51[sec] W, thence generally Northeastward along 
the Territorial Seas boundary line to latitude 38[deg]01[min]39[sec] N, 
longitude 74[deg]57[min]18[sec] W, thence due West to the mean low water 
mark at the Maryland and Virginia border at latitude 
38[deg]01[min]39[sec] N, longitude 75[deg]14[min]30[sec] W, thence South 
along the mean low water mark on the Virginia coast, and eastward of the 
Colregs Demarcation Lines across Chincoteague Inlet, Assawoman Inlet, 
Gargathy Inlet, Metompkin Inlet, Wachapreague Inlet, Quinby Inlet, Great 
Machipongo Inlet, Sand Shoal Inlet, New Inlet, Ship Shoal Inlet and 
Little Inlet, to the Colregs Demarcation Line across the mouth of 
Chesapeake Bay, continuing south along the Virginia low water mark and 
eastward of the Colregs Demarcation Line across Rudee Inlet to the point 
of beginning. All positions reference NAD 83.

[[Page 661]]

    (2) Inland zone. The waters enclosed by the shoreline and the 
following lines:
    (i) A line drawn across the entrance to Chesapeake Bay between Wise 
Point and Cape Charles Light, and then continuing to Cape Henry Light.
    (ii) A line drawn across the Chesapeake Bay between Old Point 
Comfort Light and Cape Charles City Range ``A'' Rear Light.
    (iii) A line drawn across the James River along the eastern side of 
U.S. Route 17 highway bridge, between Newport News and Isle of Wight 
County, Virginia.
    (iv) A line drawn across Chuckatuck Creek along the northern side of 
the north span of the U.S. Route 17 highway bridge, between Isle of 
Wight County and Suffolk, Virginia.
    (v) A line drawn across the Nansemond River along the northern side 
of the Mills Godwin (U.S. Route 17) Bridge, Suffolk, Virginia.
    (vi) A line drawn across the mouth of Bennetts Creek, Suffolk, 
Virginia.
    (vii) A line drawn across the Western Branch of the Elizabeth River 
along the eastern side of the West Norfolk Bridge, Portsmouth, Virginia.
    (viii) A line drawn across the Southern Branch of the Elizabeth 
River along the northern side of the I-64 highway bridge, Chesapeake, 
Virginia.
    (ix) A line drawn across the Eastern Branch of the Elizabeth River 
along the western side of the west span of the Campostella Bridge, 
Norfolk, Virginia.
    (x) A line drawn across the Lafayette River along the western side 
of the Hampton Boulevard Bridge, Norfolk, Virginia.
    (xi) A line drawn across Little Creek along the eastern side of the 
Ocean View Avenue (U.S. Route 60) Bridge, Norfolk, Virginia.
    (xii) A line drawn across Lynnhaven Inlet along the northern side of 
Shore Drive (U.S. Route 60) Bridge, Virginia Beach, Virginia.
    (b) Definitions. In this section:
    CBBT means the Chesapeake Bay Bridge Tunnel.
    Coast Guard Patrol Commander is a Coast Guard commissioned, warrant 
or petty officer who has been designated by the Commander, Coast Guard 
Sector Hampton Roads.
    Designated representative of the Captain of the Port means a person, 
including the duty officer at the Coast Guard Sector Hampton Roads, the 
Joint Harbor Operations Center watchstander, or the Coast Guard or Navy 
Patrol Commander who has been authorized by the Captain of the Port to 
act on his or her behalf and at his or her request to carry out such 
orders and directions as needed. All patrol vessels shall display the 
Coast Guard Ensign at all times when underway.
    I-664 Bridge Tunnel means the Monitor Merrimac Bridge Tunnel.
    Inland waters means waters within the COLREGS Line of Demarcation.
    Thimble Shoal Channel consists of the waters bounded by a line 
connecting Thimble Shoal Channel Lighted Bell Buoy 1TS, thence to 
Thimble Shoal Lighted Gong Buoy 17, thence to Thimble Shoal Lighted Buoy 
19, thence to Thimble Shoal Lighted Buoy 21, thence to Thimble Shoal 
Lighted Buoy 22, thence to Thimble Shoal Lighted Buoy 18, thence to 
Thimble Shoal Lighted Buoy 2, thence to the beginning.
    Thimble Shoal North Auxiliary Channel consists of the waters in a 
rectangular area 450 feet wide adjacent to the north side of Thimble 
Shoal Channel, the southern boundary of which extends from Thimble Shoal 
Channel Lighted Buoy 2 to Thimble Shoal Lighted Buoy 18.
    Thimble Shoal South Auxiliary Channel consists of the waters in a 
rectangular area 450 feet wide adjacent to the south side of Thimble 
Shoal Channel, the northern boundary of which extends from Thimble Shoal 
Channel Lighted Bell Buoy 1TS, thence to Thimble Shoal Lighted Gong Buoy 
17, thence to Thimble Shoal Lighted Buoy 19, thence to Thimble Shoal 
Lighted Buoy 21.
    (c) Applicability. This section applies to all vessels operating 
within the Regulated Navigation Area, including naval and public 
vessels, except vessels that are engaged in the following operations:
    (1) Law enforcement.
    (2) Servicing aids to navigation.
    (3) Surveying, maintenance, or improvement of waters in the 
Regulated Navigation Area.
    (d) Regulations--(1) Anchoring restrictions. No vessel over 65 feet 
long may

[[Page 662]]

anchor or moor in the inland waters of the Regulated Navigation Area 
outside an anchorage designated in Sec. 110.168 of this title, with 
these exceptions:
    (i) The vessel has the permission of the Captain of the Port.
    (ii) Only in an emergency, when unable to proceed without 
endangering the safety of persons, property, or the environment, may a 
vessel anchor in a channel.
    (iii) A vessel may not anchor within the confines of Little Creek 
Harbor, Desert Cove, or Little Creek Cove without the permission of the 
Captain of the Port. The Captain of the Port shall consult with the 
Commander, Naval Amphibious Base Little Creek, before granting 
permission to anchor within this area.
    (2) Anchoring detail requirements. A self-propelled vessel over 100 
gross tons, which is equipped with an anchor or anchors (other than a 
tugboat equipped with bow fenderwork of a type of construction that 
prevents an anchor being rigged for quick release), that is underway 
within two nautical miles of the CBBT or the I-664 Bridge Tunnel shall 
station its personnel at locations on the vessel from which they can 
anchor the vessel without delay in an emergency.
    (3) Secondary towing rig requirements on inland waters. (i) A vessel 
over 100 gross tons may not be towed in the inland waters of the 
Regulated Navigation Area unless it is equipped with a secondary towing 
rig, in addition to its primary towing rig, that:
    (A) Is of sufficient strength for towing the vessel.
    (B) Has a connecting device that can receive a shackle pin of at 
least two inches in diameter.
    (C) Is fitted with a recovery pickup line led outboard of the 
vessel's hull.
    (ii) A tow consisting of two or more vessels, each of which is less 
than 100 gross tons, that has a total gross tonnage that is over 100 
gross tons, shall be equipped with a secondary towing rig between each 
vessel in the tow, in addition to its primary towing rigs, while the tow 
is operating within this Regulated Navigation Area. The secondary towing 
rig must:
    (A) Be of sufficient strength for towing the vessels.
    (B) Have connecting devices that can receive a shackle pin of at 
least two inches in diameter.
    (C) Be fitted with recovery pickup lines led outboard of the 
vessel's hull.
    (4) Thimble Shoals Channel controls. (i) A vessel drawing less than 
25 feet may not enter the Thimble Shoal Channel, unless the vessel is 
crossing the channel. Masters should consider the squat of their vessel 
based upon vessel design and environmental conditions. Channel crossings 
shall be made as perpendicular to the channel axis as possible.
    (ii) Except when crossing the channel, a vessel in the Thimble Shoal 
North Auxiliary Channel shall proceed in a westbound direction.
    (iii) Except when crossing the channel, a vessel in the Thimble 
Shoal South Auxiliary Channel shall proceed in an eastbound direction.
    (5) Restrictions on vessels with impaired maneuverability--(i) 
Before entry. A vessel over 100 gross tons, whose ability to maneuver is 
impaired by heavy weather, defective steering equipment, defective main 
propulsion machinery, or other damage, may not enter the Regulated 
Navigation Area without the permission of the Captain of the Port.
    (ii) After entry. A vessel over 100 gross tons, which is underway in 
the Regulated Navigation Area, that has its ability to maneuver become 
impaired for any reason, shall, as soon as possible, report the 
impairment to the Captain of the Port.
    (6) Requirements for navigation charts, radars, and pilots. No 
vessel over 100 gross tons may enter the Regulated Navigation Area, 
unless it has on board:
    (i) Corrected charts of the Regulated Navigation Area. Instead of 
corrected paper charts, warships or other vessels owned, leased, or 
operated by the United States Government and used only in government 
noncommercial service may carry electronic charting and navigation 
systems that have met the applicable agency regulations regarding 
navigation safety.
    (ii) An operative radar during periods of reduced visibility;
    (iii) When in inland waters, a pilot or other person on board with 
previous experience navigating vessels on the waters of the Regulated 
Navigation Area.

[[Page 663]]

    (7) Emergency procedures. (i) Except as provided in paragraph 
(d)(7)(ii) of this section, in an emergency any vessel may deviate from 
the regulations in this section to the extent necessary to avoid 
endangering the safety of persons, property, or the environment.
    (ii) A vessel over 100 gross tons with an emergency that is located 
within two nautical miles of the CBBT or I-664 Bridge Tunnel shall 
notify the Captain of the Port of its location and the nature of the 
emergency, as soon as possible.
    (8) Vessel speed limits--(i) Little Creek. A vessel may not proceed 
at a speed over five knots between the Route 60 bridge and the mouth of 
Fishermans Cove (Northwest Branch of Little Creek).
    (ii) Southern Branch of the Elizabeth River. A vessel may not 
proceed at a speed over six knots between the junction of the Southern 
and Eastern Branches of the Elizabeth River and the Norfolk and 
Portsmouth Belt Line Railroad Bridge between Chesapeake and Portsmouth, 
Virginia.
    (iii) Norfolk Harbor Reach. Nonpublic vessels of 300 gross tons or 
more may not proceed at a speed over 10 knots between the Elizabeth 
River Channel Lighted Gong Buoy 5 of Norfolk Harbor Reach (southwest of 
Sewells Point) at approximately 36[deg]58[min]00[sec] N, 
076[deg]20[min]00[sec] W, and gated Elizabeth River Channel Lighted 
Buoys 17 and 18 of Craney Island Reach (southwest of Norfolk 
International Terminal at approximately 36[deg]54[min]17[sec] N, and 
076[deg]20[min]11[sec] W.
    (9) Port security requirements. Vessels in excess of 300 gross tons, 
including tug and barge combinations in excess of 300 gross tons 
(combined), shall not enter the Regulated Navigation Area, move within 
the Regulated Navigation Area, or be present within the Regulated 
Navigation Area, unless they comply with the following requirements:
    (i) Obtain authorization to enter the Regulated Navigation Area from 
the designated representative of the Captain of the Port prior to entry. 
All vessels entering or remaining in the Regulated Navigation Area may 
be subject to a Coast Guard boarding.
    (ii) Ensure that no person who is not a permanent member of the 
vessel's crew, or a member of a Coast Guard boarding team, boards the 
vessel without a valid purpose and photo identification.
    (iii) Report any departure from or movement within the Regulated 
Navigation Area to the designated representative of the Captain of the 
Port prior to getting underway.
    (iv) The designated representative of the Captain of the Port is the 
Sector Command Center (SCC)--Joint Harbor Operations Center (JHOC) which 
shall be contacted on VHF-FM channel 12, or by calling (757) 668-5555.
    (v) In addition to the authorities listed in this part, this 
paragraph is promulgated under the authority under 33 U.S.C. 1226.
    (e) Waivers. (1) The Captain of the Port may, upon request, waive 
any regulation in this section.
    (2) An application for a waiver must state the need for the waiver 
and describe the proposed vessel operations.
    (f) Control of vessels within the regulated navigation area. (1) 
When necessary to prevent damage, destruction or loss of any vessel, 
facility or port infrastructure, the Captain of the Port may direct the 
movement of vessels or issue orders requiring vessels to anchor or moor 
in specific locations.
    (2) If needed for the maritime, commercial or security interests of 
the United States, the Captain of the Port may order a vessel to move 
from the location in which it is anchored to another location within the 
Regulated Navigation Area.
    (3) The master of a vessel within the Regulated Navigation Area 
shall comply with any orders or directions issued to the master's vessel 
by the Captain of the Port.

[CGD05-02-099, 68 FR 35175, June 12, 2003, as amended by USCG-2006-
25150, 71 FR 39211, July 12, 2006]



Sec. 165.502  Safety and Security Zone; Cove Point Liquefied Natural Gas 

Terminal, Chesapeake Bay, Maryland.

    (a) Location. The following area is a safety and security zone: All 
waters of the Chesapeake Bay, from surface to bottom, encompassed by 
lines connecting the following points, beginning at 
38[deg]24[min]27[sec] N, 76[deg]23[min]42[sec] W, thence to

[[Page 664]]

38[deg]24[min]44[sec] N, 76[deg]23[min]11[sec] W, thence to 
38[deg]23[min]55[sec] N, 76[deg]22[min]27[sec] W, thence to 
38[deg]23[min]37[sec] N, 76[deg]22[min]58[sec] W, thence to beginning at 
38[deg]24[min]27[sec] N, 76[deg]23[min]42[sec] W. These coordinates are 
based upon North American Datum (NAD) 1983. This area is 500 yards in 
all directions from the Cove Point LNG terminal structure.
    (b) Regulations. (1) In accordance with the general regulations in 
Sec. Sec. 165.23 and 165.33 of this part, entry into or movement within 
this zone is prohibited unless authorized by the Coast Guard Captain of 
the Port, Baltimore, Maryland or his designated representative. 
Designated representatives include any Coast Guard commissioned, 
warrant, or petty officer.
    (2) Persons desiring to transit the area of the zone may contact the 
Captain of the Port at telephone number (410) 576-2693 or via VHF Marine 
Band Radio Channel 16 (156.8 MHz) to seek permission to transit the 
area. If permission is granted, all persons and vessels must comply with 
the instructions of the Captain of the Port or his designated 
representative.
    (c) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the zone by Federal, State, local, and private 
agencies.

[CGD05-03-023, 68 FR 75133, Dec. 30, 2003]



Sec. 165.503  Security Zone; Captain of the Port Hampton Roads Zone.

    (a) Definitions. As used in this section--
    Certain dangerous cargo or CDC means a material defined as CDC in 33 
CFR 160.204.
    Designated Representative of the Captain of the Port is any U.S. 
Coast Guard commissioned, warrant or petty officer who has been 
authorized by the Captain of the Port (COTP), Hampton Roads, Virginia to 
act on his or her behalf.
    Passenger vessel means a vessel defined as a passenger vessel in 46 
CFR part 70.
    (b) Location. All navigable waters of the Captain of the Port 
Hampton Roads zone (defined in 33 CFR 3.25-10) within 500 yards around a 
passenger vessel or vessel carrying a CDC, while the passenger vessel or 
vessel carrying CDC is transiting, moored or anchored.
    (c) Regulations. (1) No vessel may approach within 500 yards of a 
passenger vessel or vessel carrying a CDC within the Captain of the Port 
Hampton Roads zone, unless traveling at the minimum speed necessary to 
navigate safely.
    (2) Under Sec. 165.33, no vessel or person may approach within 100 
yards of a passenger vessel or vessel carrying a CDC within the Captain 
of the Port Hampton Roads zone, unless authorized by the COTP Hampton 
Roads or his or her designated representative.
    (3) The COTP Hampton Roads may notify the maritime and general 
public by marine information broadcast of the periods during which 
individual security zones have been activated by providing notice in 
accordance with 33 CFR 165.7.
    (4) A security zone in effect around a moving or anchored vessel 
will be enforced by a law enforcement vessel. A security zone in effect 
around a moored vessel will be enforced by a law enforcement agent 
shoreside, a law enforcement vessel waterside, or both.
    (5) Persons desiring to transit the area of the security zone within 
100 yards of a passenger vessel or vessel carrying a CDC must contact 
the COTP Hampton Roads on VHF-FM channel 16 (156.8 MHz) or telephone 
number (757) 668-5555 or (757) 484-8192 to seek permission to transit 
the area. All persons and vessels must comply with the instructions of 
the COTP or the COTP's designated representative.
    (d) Enforcement. The COTP will enforce these zones and may enlist 
the aid and cooperation of any Federal, state, county, or municipal law 
enforcement agency to assist in the enforcement of the regulation.

[CGD05-04-067, 69 FR 40769, July 7, 2004]



Sec. 165.504  Newport News Shipbuilding and Dry Dock Company Shipyard, James 

River, Newport News, Va.

    (a) Location. The following is a security zone: The waters of the 
James River encompassed by a line beginning at the intersection of the 
shoreline with the northernmost property line of the Newport News 
Shipbuilding and Dry Dock Co. at latitude 37[deg]00[min]38.1[sec] N, 
longitude 76[deg]27[min]05.7[sec] W, thence southerly to latitude 
36[deg]59[min]58.4[sec] N, longitude

[[Page 665]]

76[deg]27[min]16.7[sec] W, thence southeasterly to latitude 
36[deg]59[min]23.0[sec] N, longitude 76[deg]26[min]54.6[sec] W, thence 
westerly to latitude 36[deg]59[min]21.5[sec] N, longitude 
76[deg]26[min]58.4[sec] W, thence southeasterly to latitude 
36[deg]59[min]12.9[sec] N, longitude 76[deg]26[min]52.4[sec] W, thence 
easterly to latitude 36[deg]59[min]14.2[sec] N, longitude 
76[deg]26[min]49.1[sec] W, thence southeasterly to latitude 
36[deg]58[min]37.8[sec] N, longitude 76[deg]26[min]26.3[sec] W, thence 
easterly to latitude 36[deg]58[min]43.5[sec] N, longitude 
76[deg]26[min]13.7[sec] W, thence northerly to the intersection of the 
shoreline with the southernmost property line of the Newport News 
Shipbuilding and Dry Dock Co. at latitude 36[deg]58[min]48.0[sec] N, 
longitude 76[deg]26[min]11.2[sec] W, thence northwesterly along the 
shoreline to the point of beginning.
    (b) Security zone anchorage. The following is a security zone 
anchorage: The waters of the James River encompassed by a line beginning 
at the intersection of the shoreline with the northernmost property line 
of the Newport News Shipbuilding and Dry Dock Company shipyard at 
latitude 37[deg]00[min]38.1[sec] N, longitude 76[deg]27[min]05.7[sec] W, 
thence southerly to latitude 36[deg]59[min]58.4[sec] N, longitude 
76[deg]27[min]16.7[sec] W, thence easterly to the shoreline at latitude 
36[deg]59[min]58.5[sec] N, longitude 76[deg]27[min]11.6[sec] W, thence 
along the shoreline to the point of beginning.
    (c) Special Regulations. (1) Section 165.33 (a), (e), and (f) do not 
apply to the following vessels or individuals on board those vessels:
    (i) Public vessels of the United States.
    (ii) Public vessels owned or operated by the Commonwealth of 
Virginia or its subdivisions for law enforcement or firefighting 
purposes.
    (iii) Vessels owned by, operated by, or under charter to Newport 
News Shipbuilding and Dry Dock Co.
    (iv) Vessels that are performing work at Newport News Shipbuilding 
and Dry Dock Co., including the vessels of subcontractors and other 
vendors of Newport News Shipbuilding and Dry Dock Co. or other persons 
that have a contractual relationship with Newport News Shipbuilding and 
Dry Dock Co.
    (v) Vessels that are being built, rebuilt, repaired, or otherwise 
worked on at or by Newport News Shipbuilding and Dry Dock Co. or another 
person authorized to perform work at the shipyard.
    (vi) Vessels that are authorized by Newport News Shipbuilding and 
Dry Dock Company to moor at and use its facilities.
    (vii) Commercial shellfish harvesting vessels taking clams from the 
shellfish beds within the zone, if
    (A) The owner of the vessel has previously provided the Captain of 
the Port, Hampton Roads, Virginia, information about the vessel, 
including:
    (1) The name of the vessel;
    (2) The vessel's official number, if documented, or state number, if 
numbered by a state issuing authority;
    (3) A brief description of the vessel, including length, color, and 
type of vessel;
    (4) The name, Social Security number, current address, and telephone 
number of the vessel's master, operator, or person in charge; and
    (5) Upon request, information the vessel's crew.
    (B) The vessel is operated in compliance with any specific orders 
issued to the vessel by the Captain of the Port or other regulations 
controlling the operation of vessels within the security zone that may 
be in effect.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the 
enforcement of this zone by the U.S. Navy.

[CGD5 86-03, 51 FR 18322, May 19, 1986, as amended by CGD5 87-038, 52 FR 
41996, Nov. 2, 1987]



Sec. 165.505  Security Zone; Calvert Cliffs Nuclear Power Plant, Chesapeake 

Bay, Calvert County, Maryland.

    (a) Location. The following area is a security zone: All waters of 
the Chesapeake Bay, from surface to bottom, encompassed by lines 
connecting the following points, beginning at 38[deg]26[min]06[sec] N, 
076[deg]26[min]18[sec] W, thence to 38[deg]26[min]10[sec] N, 
076[deg]26[min]12[sec] W, thence to 38[deg]26[min]21[sec] N, 
076[deg]26[min]28[sec] W, thence to 38[deg]26[min]14[sec] N, 
076[deg]26[min]33[sec] W, thence to beginning at 38[deg]26[min]06[sec] 
N, 076[deg]26[min]18[sec] W. These coordinates are based upon North 
American Datum (NAD) 1983.
    (b) Regulations. (1) Entry into or remaining in this zone is 
prohibited unless authorized by the Coast Guard Captain of the Port, 
Baltimore, Maryland.

[[Page 666]]

    (2) Persons desiring to transit the area of the security zone may 
contact the Captain of the Port at telephone number 410-576-2693 or on 
VHF channel 16 (156.8 MHz) to seek permission to transit the area. If 
permission is granted, all persons and vessels must comply with the 
instructions of the Captain of the Port or his or her designated 
representative.
    (c)Authority: In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the 
authority for this section includes 33 U.S.C. 1226.

[CGD05-02-080, 68 FR 15053, Mar. 28, 2003]



Sec. 165.506  Safety Zones; Fifth Coast Guard District Fireworks Displays.

    (a) Regulations. The following regulations apply to the fireworks 
safety zones listed in the Table to Sec. 165.506.
    (1) The general regulations contained in 33 CFR 165.23 apply.
    (2) These regulations will be enforced annually, for the duration of 
each fireworks event listed in the Table to Sec. 165.506. In the case 
of inclement weather the event may be conducted on the day following the 
date listed in the Table to Sec. 165.506. Annual notice of the exact 
dates and times of the enforcement period of the regulation with respect 
to each safety zone, the geographical area, and other details concerning 
the nature of the fireworks event will be published in Local Notices to 
Mariners and transmitted via Broadcast Notice to Mariners over VHF-FM 
marine band radio.
    (3) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated on-scene-patrol 
personnel. Those personnel are comprised of commissioned, warrant, and 
petty officers of the U.S. Coast Guard. Other Federal, State and local 
agencies may assist these personnel in the enforcement of the safety 
zone. Upon being hailed by a U.S. Coast Guard vessel by siren, radio, 
flashing light or other means, the operator of a vessel shall proceed as 
directed.
    (b) Notification. (1) Fireworks barges and launch sites on land that 
operate within the regulated areas contained in the Table to Sec. 
165.506 will have a sign affixed to the port and starboard side of the 
barge, or mounted on a post 3 feet above ground level when on land 
immediately adjacent to the shoreline and facing the water labeled 
``FIREWORKS--DANGER--STAY AWAY''. This will provide on scene notice that 
the safety zone will be enforced on that day. This notice will consist 
of a diamond shaped sign 4 feet by 4 feet with a 3-inch orange retro 
reflective border. The word ``DANGER'' shall be 10-inch black block 
letters centered on the sign with the words ``FIREWORKS'' and ``STAY 
AWAY'' in 6-inch black block letters placed above and below the word 
``DANGER'' respectively on a white background.
    (2) Coast Guard Captains of the Port in the Fifth Coast Guard 
District will notify the public of the enforcement of these safety zones 
by all appropriate means to effect the widest publicity among the 
affected segments of the public. Publication in the Local Notice to 
Mariners, marine information broadcasts, and facsimile broadcasts may be 
made for these events, beginning 24 to 48 hours before the event is 
scheduled to begin, to notify the public. The public may also be 
notified about many of the listed marine events by local newspapers, 
radio and television stations. The various methods of notification 
provided by the Coast Guard and local community media outlets will 
facilitate informing mariners so they can adjust their plans 
accordingly.
    (c) Contact information. Questions about safety zones and related 
events should be addressed to the local Coast Guard Captain of the Port 
for the area in which the event is occurring. Contact information is 
listed below. For a description of the geographical area of each Coast 
Guard Sector--Captain of the Port zone, please see 33 CFR 3.25.
    (1) Coast Guard Sector Delaware Bay--Captain of the Port Zone, 
Philadelphia, Pennsylvania: (215) 271-4944.
    (2) Coast Guard Sector Baltimore--Captain of the Port Zone, 
Baltimore, Maryland: (410) 576-2525.
    (3) Coast Guard Sector Hampton Roads--Captain of the Port Zone, 
Norfolk, Virginia: (757) 483-8567.
    (4) Coast Guard Sector North Carolina--Captain of the Port Zone, 
Atlantic Beach, North Carolina: (252) 247-4545.
    (d) Enforcement period. The safety zones in the Table to Sec. 
165.506 will be

[[Page 667]]

enforced from 5:30 p.m. to 1 a.m. each day a barge with a ``FIREWORKS--
DANGER--STAY AWAY'' sign on the port and starboard side is on-scene or a 
``FIREWORKS--DANGER--STAY AWAY'' sign is posted on land adjacent to the 
shoreline, in a location listed in the Table to Sec. 165.506. Vessels 
may not enter, remain in, or transit through the safety zones during 
these enforcement periods unless authorized by the Captain of the Port 
or designated Coast Guard patrol personnel on scene.

                         Table to Sec.  165.506
 [All coordinates listed in the Table to Sec.  165.506 reference Datum
                               NAD 1983.]
------------------------------------------------------------------------
   Number           Date             Location          Regulated area
------------------------------------------------------------------------
             (a) Coast Guard Sector Delaware Bay--COTP Zone
------------------------------------------------------------------------
1...........  July 4th........  North Atlantic     The waters of the
                                 Ocean, Bethany     North Atlantic Ocean
                                 Beach, DE,         within a 500 yard
                                 Safety Zone.       radius of the
                                                    fireworks launch
                                                    platform in
                                                    approximate position
                                                    latitude
                                                    38[deg]32[min]08''
                                                    N, longitude
                                                    075[deg]03[min]15[se
                                                    c] W, adjacent to
                                                    shoreline of Bethany
                                                    Beach, DE.
2...........  Labor Day.......  Indian River Bay,  All waters of the
                                 DE, Safety Zone.   Indian River Bay
                                                    within a 360 yard
                                                    radius of the
                                                    fireworks launch
                                                    location on the pier
                                                    in approximate
                                                    position latitude
                                                    38[deg]36[min]42[sec
                                                    ] N, longitude
                                                    075[deg]08[min]18[se
                                                    c] W, about 700
                                                    yards east of Pots
                                                    Net Point, DE.
3...........  July 4th........  Atlantic Ocean,    All waters of the
                                 Rehoboth Beach,    Atlantic Ocean
                                 DE, Safety Zone.   within a 360 yard
                                                    radius of the
                                                    fireworks barge in
                                                    approximate position
                                                    latitude
                                                    38[deg]43[min]01.2[s
                                                    ec] N, longitude
                                                    075[deg]04[min]21[se
                                                    c] W, approximately
                                                    400 yards east of
                                                    Rehoboth Beach, DE.
4...........  July 4th........  North Atlantic     The waters of the
                                 Ocean, Avalon,     North Atlantic Ocean
                                 NJ, Safety Zone.   within a 500 yard
                                                    radius of the
                                                    fireworks barge in
                                                    approximate location
                                                    latitude
                                                    39[deg]05[min]31[sec
                                                    ] N, longitude
                                                    074[deg]43[min]00[se
                                                    c] W, in the
                                                    vicinity of the
                                                    shoreline at Avalon,
                                                    NJ.
5...........  July 4th,         Barnegat Bay,      The waters of
               September--2nd    Barnegat           Barnegat Bay within
               Saturday.         Township, NJ,      a 500 yard radius of
                                 Safety Zone.       the fireworks barge
                                                    in approximate
                                                    position latitude
                                                    39[deg]44[min]50[sec
                                                    ] N, longitude
                                                    074[deg]11[min]21[se
                                                    c] W, approximately
                                                    500 yards north of
                                                    Conklin Island, NJ.
6...........  July 4th........  North Atlantic     The waters of the
                                 Ocean, Cape May,   North Atlantic Ocean
                                 NJ, Safety Zone.   within a 500 yard
                                                    radius of the
                                                    fireworks barge in
                                                    approximate location
                                                    latitude
                                                    38[deg]55[min]36[sec
                                                    ] N, longitude
                                                    074[deg]55[min]26[se
                                                    c] W, immediately
                                                    adjacent to the
                                                    shoreline at Cape
                                                    May, NJ.
7...........  July 3rd........  Delaware Bay,      All waters of the
                                 North Cape May,    Delaware Bay within
                                 NJ, Safety Zone.   a 500 yard radius of
                                                    the fireworks barge
                                                    in approximate
                                                    position latitude
                                                    38[deg]58[min]00[sec
                                                    ] N, longitude
                                                    074[deg]58[min]30[se
                                                    c] W.
8...........  August--3rd       Great Egg Harbor   All waters within a
               Sunday.           Inlet, Margate     500 yard radius of
                                 City, NJ, Safety   the fireworks barge
                                 Zone.              in approximate
                                                    location latitude
                                                    39[deg]19[min]33[sec
                                                    ] N, longitude
                                                    074[deg]31[min]28[se
                                                    c] W, on the
                                                    Intracoastal
                                                    Waterway near
                                                    Margate City, NJ.
9...........  July 4th, August  Metedeconk River,  The waters of the
               every Thursday,   Brick Township,    Metedeconk River
               September 1st     NJ, Safety Zone.   within a 300 yard
               Thursday.                            radius of the
                                                    fireworks launch
                                                    platform in
                                                    approximate position
                                                    latitude
                                                    40[deg]03[min]24[sec
                                                    ] N, longitude
                                                    074[deg]06[min]42[se
                                                    c] W, near the
                                                    shoreline at Brick
                                                    Township, NJ.
10..........  July 4th........  North Atlantic     The waters of the
                                 Ocean, Ocean       North Atlantic Ocean
                                 City, NJ, Safety   within a 500 yard
                                 Zone.              radius of the
                                                    fireworks barge in
                                                    approximate location
                                                    latitude
                                                    39[deg]16[min]22[sec
                                                    ] N, longitude
                                                    074[deg]33[min]54[se
                                                    c] W, in the
                                                    vicinity of the
                                                    shoreline at Ocean
                                                    City, NJ.
11..........  May--4th          Barnegat Bay,      All waters of
               Saturday.         Ocean Township,    Barnegat Bay within
                                 NJ, Safety Zone.   a 500 yard radius of
                                                    the fireworks barge
                                                    in approximate
                                                    position latitude
                                                    39[deg]47[min]33[sec
                                                    ] N, longitude
                                                    074[deg]10[min]46[se
                                                    c] W.
12..........  July 4th........  Little Egg         All waters of Little
                                 Harbor, Parker     Egg Harbor within a
                                 Island, NJ,        500 yard radius of
                                 Safety Zone.       the fireworks barge
                                                    in approximate
                                                    position latitude
                                                    39[deg]34[min]18[sec
                                                    ] N, longitude
                                                    074[deg]14[min]43[se
                                                    c] W, approximately
                                                    100 yards north of
                                                    Parkers Island.
13..........  September--3rd    Delaware River,    All waters of the
               Saturday.         Chester, PA,       Delaware River near
                                 Safety Zone.       Chester, PA just
                                                    south of the
                                                    Commodore Barry
                                                    Bridge within a 250
                                                    yards radius of the
                                                    fireworks barge
                                                    located in
                                                    approximate position
                                                    latitude
                                                    39[deg]49[min]43.2[s
                                                    ec] N, longitude
                                                    075[deg]22[min]42[se
                                                    c] W.

[[Page 668]]

 
14..........  September--3rd    Delaware River,    All the waters of the
               Saturday.         Essington, PA,     Delaware River near
                                 Safety Zone.       Essington, PA, west
                                                    of Little Tinicum
                                                    Island within a 250
                                                    yards radius of the
                                                    fireworks barge
                                                    located in the
                                                    approximate position
                                                    latitude
                                                    39[deg]51[min]18[sec
                                                    ] N, longitude
                                                    075[deg]18[min]57[se
                                                    c] W.
15..........  July 4th,         Delaware River,    All waters of
               Columbus Day,     Philadelphia,      Delaware River,
               December 31st,    PA, Safety Zone.   adjacent to Penns
               January 1st.                         Landing,
                                                    Philadelphia, PA,
                                                    bounded from
                                                    shoreline to
                                                    shoreline, bounded
                                                    on the south by a
                                                    line running east to
                                                    west from points
                                                    along the shoreline
                                                    at latitude
                                                    39[deg]56[min]31.2[s
                                                    ec] N, longitude
                                                    075[deg]08[min]28.1[
                                                    sec] W; thence to
                                                    latitude
                                                    39[deg]56[min]29.1[s
                                                    ec] N, longitude
                                                    075[deg]07[min]56.5[
                                                    sec] W, and bounded
                                                    on the north by the
                                                    Benjamin Franklin
                                                    Bridge.
------------------------------------------------------------------------
               (b) Coast Guard Sector Baltimore--COTP Zone
------------------------------------------------------------------------
1...........  April--1st or     Washington         All waters of the
               2nd Saturday.     Channel, Upper     Upper Potomac River
                                 Potomac River,     within a 150 yard
                                 Washington, DC,    radius of the
                                 Safety Zone.       fireworks barge in
                                                    approximate position
                                                    latitude
                                                    38[deg]52[min]09[sec
                                                    ] N, longitude
                                                    077[deg]01[min]13[se
                                                    c] W, located within
                                                    the Washington
                                                    Channel in
                                                    Washington Harbor,
                                                    DC.
2...........  July 4th,         Severn River and   All waters of the
               December--1st     Spa Creek,         Severn River and Spa
               and 2nd,          Annapolis, MD,     Creek within an area
               Saturday,         Safety Zone.       bounded by a line
               December 31st.                       drawn from latitude
                                                    38[deg]58[min]39.6[s
                                                    ec] N, longitude
                                                    076[deg]28[min]49[se
                                                    c] W; thence to
                                                    latitude
                                                    38[deg]58[min]41[sec
                                                    ] N, longitude
                                                    076[deg]28[min]14[se
                                                    c] W; thence to
                                                    latitude
                                                    38[deg]59[min]01[sec
                                                    ] N, longitude
                                                    076[deg]28[min]37[se
                                                    c] W; thence to
                                                    latitude
                                                    38[deg]58[min]57[sec
                                                    ] N, longitude
                                                    076[deg]28[min]40[se
                                                    c] W, located near
                                                    the entrance to Spa
                                                    Creek in Annapolis,
                                                    Maryland.
3...........  Saturday before   Middle River,      All waters of the
               Independence      Baltimore          Middle River within
               Day holiday.      County, MD,        a 300 yard radius of
                                 Safety Zone.       the fireworks barge
                                                    in approximate
                                                    position latitude
                                                    39[deg]17[min]45[sec
                                                    ] N, longitude
                                                    076[deg]23[min]49[se
                                                    c] W, approximately
                                                    300 yards east of
                                                    Rockaway Beach, near
                                                    Turkey Point.
4...........  July 4th,         Patapsco River     All waters of the
               December 31st.    (Middle Branch),   Patapsco River,
                                 Baltimore, MD,     Middle Branch,
                                 Safety Zone.       within an area bound
                                                    by a line drawn from
                                                    the following
                                                    points: latitude
                                                    39[deg]15[min]22[sec
                                                    ] N, longitude
                                                    076[deg]36[min]36[se
                                                    c] W; thence to
                                                    latitude
                                                    39[deg]15[min]10[sec
                                                    ] N, longitude
                                                    076[deg]36[min]00[se
                                                    c] W; thence to
                                                    latitude
                                                    39[deg]15[min]40[sec
                                                    ] N, longitude
                                                    076[deg]35[min]23[se
                                                    c] W; thence to
                                                    latitude
                                                    39[deg]15[min]49[sec
                                                    ] N, longitude
                                                    076[deg]35[min]47[se
                                                    c] W; thence to the
                                                    point of origin,
                                                    located
                                                    approximately 600
                                                    yards east of
                                                    Hanover Street (SR-
                                                    2) Bridge.
5...........  June 14th, July   Northwest Harbor   All waters of the
               4th, September--  (East Channel),    Patapsco River
               2nd Saturday,     Patapsco River,    within a 300 yard
               December 31st.    MD, Safety Zone.   radius of the
                                                    fireworks barge in
                                                    approximate position
                                                    39[deg]15[min]55[sec
                                                    ] N,
                                                    076[deg]34[min]35[se
                                                    c] W, located
                                                    adjacent to the East
                                                    Channel of Northwest
                                                    Harbor.
6...........  May--3rd Friday,  Baltimore Inner    All waters of the
               July 4th,         Harbor, Patapsco   Patapsco River
               December 31st.    River, MD,         within a 150 yard
                                 Safety Zone.       radius of the
                                                    fireworks barge in
                                                    approximate position
                                                    latitude
                                                    39[deg]16[min]55[sec
                                                    ] N, longitude
                                                    076[deg]36[min]17[se
                                                    c] W, located at the
                                                    entrance to
                                                    Baltimore Inner
                                                    Harbor,
                                                    approximately 150
                                                    yards southwest of
                                                    pier 6.
7...........  May--3rd Friday,  Baltimore Inner    The waters of the
               July 4th,         Harbor, Patapsco   Patapsco River
               December 31st.    River, MD,         within a 100 yard
                                 Safety Zone.       radius of
                                                    approximate position
                                                    latitude
                                                    39[deg]17[min]03[sec
                                                    ] N, longitude
                                                    076[deg]36[min]36[se
                                                    c] W, located in
                                                    Baltimore Inner
                                                    Harbor,
                                                    approximately 150
                                                    yards southeast of
                                                    pier 1.
8...........  July 4th,         Northwest Harbor   All waters of the
               December 31st.    (West Channel)     Patapsco River
                                 Patapsco River,    within a 300 yard
                                 MD, Safety Zone.   radius of the
                                                    fireworks barge in
                                                    approximate position
                                                    latitude
                                                    39[deg]16[min]21[sec
                                                    ] N, longitude
                                                    076[deg]34[min]38[se
                                                    c] W, located
                                                    adjacent to the West
                                                    Channel of Northwest
                                                    Harbor.
9...........  July 4th........  Patuxent River,    All waters of the
                                 Calvert County,    Patuxent River
                                 MD, Safety Zone.   within a 280 yard
                                                    radius of the
                                                    fireworks barge in
                                                    approximate position
                                                    latitude
                                                    38[deg]19[min]06.6[s
                                                    ec] N, longitude
                                                    076[deg]26[min]10.1[
                                                    sec] W,
                                                    approximately 1450
                                                    yards west of Drum
                                                    Point, MD.
10..........  July 4th........  Patuxent River,    All waters of the
                                 Solomons Island,   Patuxent River
                                 Calvert County,    within a 400 yard
                                 MD, Safety Zone.   radius of the
                                                    fireworks barge
                                                    located at latitude
                                                    38[deg]19[min]03[sec
                                                    ] N, longitude
                                                    076[deg]26[min]07.6[
                                                    sec] W.

[[Page 669]]

 
11..........  July 4th........  Patuxent River,    All waters of
                                 Solomons Island,   Patuxent River
                                 MD, Safety Zone.   within a 300 yard
                                                    radius of the
                                                    fireworks barge in
                                                    an area bound by the
                                                    following points:
                                                    latitude
                                                    38[deg]19[min]42[sec
                                                    ] N, longitude
                                                    076[deg]28[min]02[se
                                                    c] W; thence to
                                                    latitude
                                                    38[deg]19[min]26[sec
                                                    ] N, longitude
                                                    076[deg]28[min]18[se
                                                    c] W; thence to
                                                    latitude
                                                    38[deg]18[min]48[sec
                                                    ] N, longitude
                                                    076[deg]27[min]42[se
                                                    c] W; thence to
                                                    latitude
                                                    38[deg]19[min]06[sec
                                                    ] N, longitude
                                                    076[deg]27[min]25[se
                                                    c] W; thence to the
                                                    point of origin,
                                                    located near
                                                    Solomons Island, MD.
12..........  July 4th........  Chester River,     All waters of the
                                 Kent Island        Chester River,
                                 Narrows, MD,       within an area bound
                                 Safety Zone.       by a line drawn from
                                                    the following
                                                    points: latitude
                                                    38[deg]58[min]50[sec
                                                    ] N, longitude
                                                    076[deg]15[min]00[se
                                                    c] W; thence north
                                                    to latitude
                                                    38[deg]59[min]00[sec
                                                    ] N, longitude
                                                    076[deg]15[min]00[se
                                                    c] W; thence east to
                                                    latitude
                                                    38[deg]59[min]00[sec
                                                    ] N, longitude
                                                    076[deg]14[min]46[se
                                                    c] W; thence
                                                    southeast to
                                                    latitude
                                                    38[deg]58[min]50[sec
                                                    ] N, longitude
                                                    076[deg]14[min]28[se
                                                    c] W; thence
                                                    southwest to
                                                    latitude
                                                    38[deg]58[min]37[sec
                                                    ] N, longitude
                                                    076[deg]14[min]36[se
                                                    c] W, thence
                                                    northwest to
                                                    latitude
                                                    38[deg]58[min]42[sec
                                                    ] N, longitude
                                                    076[deg]14[min]55[se
                                                    c] W, thence to the
                                                    point of origin,
                                                    located
                                                    approximately 900
                                                    yards north of Kent
                                                    Island Narrows (US-
                                                    50/301) Bridge.
13..........  July 3rd........  Chesapeake Bay,    All waters of the
                                 Chesapeake         Chesapeake Bay
                                 Beach, MD,         within a 150 yard
                                 Safety Zone.       radius of the
                                                    fireworks barge in
                                                    approximate position
                                                    latitude
                                                    38[deg]41[min]33[sec
                                                    ] N, longitude
                                                    076[deg]31[min]48[se
                                                    c] W, located near
                                                    Chesapeake Beach,
                                                    Maryland.
14..........  July 4th........  Choptank River,    All waters of the
                                 Cambridge, MD,     Choptank River
                                 Safety Zone.       within a 300 yard
                                                    radius of the
                                                    fireworks launch
                                                    site at Great Marsh
                                                    Point, located at
                                                    latitude
                                                    38[deg]35[min]06[sec
                                                    ] N, longitude
                                                    076[deg]04[min]46[se
                                                    c] W.
15..........  July--2nd and     Potomac River,     All waters of the
               last Saturday.    Charles County,    Potomac River within
                                 MD, Safety Zone.   a 300 yard radius of
                                                    the fireworks barge
                                                    in approximate
                                                    position latitude
                                                    38[deg]20[min]18[sec
                                                    ] N, longitude
                                                    077[deg]15[min]00[se
                                                    c] W, approximately
                                                    700 yards north of
                                                    the shoreline at
                                                    Fairview Beach,
                                                    Virginia.
16..........  May--last         Potomac River,     All waters of the
               Saturday, July    Charles County,    Potomac River within
               4th.              MD--Mount          a 300 yard radius of
                                 Vernon, Safety     the fireworks launch
                                 Zone.              site near the Mount
                                                    Vernon Estate, in
                                                    Fairfax County,
                                                    Virginia, located at
                                                    latitude
                                                    38[deg]42[min]24[sec
                                                    ] N, longitude
                                                    077[deg]04[min]56[se
                                                    c] W.
17..........  October--1st      Dukeharts          All waters of the
               Saturday.         Channel, Potomac   Potomac River within
                                 River, MD,         a 300 yard radius of
                                 Safety Zone.       the fireworks barge
                                                    in approximate
                                                    position latitude
                                                    38[deg]13[min]48[sec
                                                    ] N, longitude
                                                    076[deg]44[min]37[se
                                                    c] W, located
                                                    adjacent to
                                                    Dukeharts Channel
                                                    near Coltons Point,
                                                    Maryland.
18..........  July--Day before  Potomac River,     All waters of the
               Independence      National Harbor,   Potomac River within
               Day holiday,      MD, Safety Zone.   an area bound by a
               November--last                       line drawn from the
               Friday.                              following points:
                                                    latitude
                                                    38[deg]47[min]18[sec
                                                    ] N, longitude
                                                    077[deg]01[min]01[se
                                                    c] W; thence to
                                                    latitude
                                                    38[deg]47[min]11[sec
                                                    ] N, longitude
                                                    077[deg]01[min]26[se
                                                    c] W; thence to
                                                    latitude
                                                    38[deg]47[min]25[sec
                                                    ] N, longitude
                                                    077[deg]01[min]33[se
                                                    c] W; thence to
                                                    latitude
                                                    38[deg]47[min]32[sec
                                                    ] N, longitude
                                                    077[deg]01[min]08[se
                                                    c] W; thence to the
                                                    point of origin,
                                                    located at National
                                                    Harbor, Maryland.
19..........  July 4th,         Susquehanna        All waters of the
               September--last   River, Havre de    Susquehanna River
               Saturday.         Grace, MD,         within a 150 yard
                                 Safety Zone.       radius of the
                                                    fireworks barge in
                                                    approximate position
                                                    latitude
                                                    39[deg]32[min]42[sec
                                                    ] N, longitude
                                                    076[deg]04[min]30[se
                                                    c] W, approximately
                                                    800 yards east of
                                                    the waterfront at
                                                    Havre de Grace, MD.
20..........  June and July--   Miles River, St.   All waters of the
               Saturday before   Michaels, MD,      Miles River within a
               Independence      Safety Zone.       200 yard radius of
               Day holiday.                         the fireworks barge
                                                    in approximate
                                                    position latitude
                                                    38[deg]47[min]42[sec
                                                    ] N, longitude
                                                    076[deg]12[min]23[se
                                                    c] W, located near
                                                    the waterfront of
                                                    St. Michaels,
                                                    Maryland.
21..........  June and July--   Tred Avon River,   All waters of the
               Saturday or       Oxford, MD,        Tred Avon River
               Sunday before     Safety Zone.       within a 150 yard
               Independence                         radius of the
               Day holiday.                         fireworks barge in
                                                    approximate position
                                                    latitude
                                                    38[deg]41[min]48[sec
                                                    ] N, longitude
                                                    076[deg]10[min]38[se
                                                    c] W, approximately
                                                    500 yards northwest
                                                    of the waterfront at
                                                    Oxford, MD.
22..........  July 3rd........  Northeast River,   All waters of the
                                 North East, MD,    Northeast River
                                 Safety Zone.       within a 300 yard
                                                    radius of the
                                                    fireworks barge in
                                                    approximate position
                                                    latitude
                                                    39[deg]35[min]26[sec
                                                    ] N, longitude
                                                    075[deg]57[min]00[se
                                                    c] W, approximately
                                                    400 yards south of
                                                    North East Community
                                                    Park.

[[Page 670]]

 
23..........  June--2nd or 3rd  Upper Potomac      All waters of the
               Saturday, July--  River,             Upper Potomac River
               1st or 2nd        Alexandria, VA,    within a 300 yard
               Saturday,         Safety Zone.       radius of the
               September--1st                       fireworks barge in
               or 2nd Saturday.                     approximate position
                                                    38[deg]48[min]37[sec
                                                    ] N,
                                                    077[deg]02[min]02[se
                                                    c] W, located near
                                                    the waterfront of
                                                    Alexandria,
                                                    Virginia.
24..........  March through     Anacostia River,   All waters of the
               October, at the   Washington, DC,    Anacostia River,
               conclusion of     Safety Zone.       within a 350 yard
               evening MLB                          radius of the
               games at                             fireworks barge in
               Washington                           approximate position
               Nationals Ball                       38[deg]52[min]16[sec
               Park.                                ] N,
                                                    077[deg]00[min]13[se
                                                    c] W, approximately
                                                    500 yards southeast
                                                    of the shoreline
                                                    near Washington
                                                    Nationals Ball Park.
25..........  June--last        Potomac River,     All waters of the
               Saturday.         Prince William     Potomac River within
                                 County, VA,        a 200 yard radius of
                                 Safety Zone.       the fireworks barge
                                                    in approximate
                                                    position latitude
                                                    38[deg]34[min]08[sec
                                                    ] N, longitude
                                                    077[deg]15[min]34[se
                                                    c] W, located near
                                                    Cherry Hill,
                                                    Virginia.
------------------------------------------------------------------------
             (c) Coast Guard Sector Hampton Roads--COTP Zone
------------------------------------------------------------------------
1...........  July 4th........  Atlantic Ocean,    All waters of the
                                 Ocean City, MD,    Atlantic Ocean in an
                                 Safety Zone.       area bound by the
                                                    following points:
                                                    latitude
                                                    38[deg]19[min]39.9[s
                                                    ec] N, longitude
                                                    075[deg]05[min]03.2[
                                                    sec] W; thence to
                                                    latitude
                                                    38[deg]19[min]36.7[s
                                                    ec] N, longitude
                                                    075[deg]04[min]53.5[
                                                    sec] W; thence to
                                                    latitude
                                                    38[deg]19[min]45.6[s
                                                    ec] N, longitude
                                                    075[deg]04[min]49.3[
                                                    sec] W; thence to
                                                    latitude
                                                    38[deg]19[min]49.1[s
                                                    ec] N, longitude
                                                    075[deg]05[min]00.5[
                                                    sec] W; thence to
                                                    point of origin. The
                                                    size of the proposed
                                                    zone extends
                                                    approximately 300
                                                    yards offshore from
                                                    the fireworks launch
                                                    area located at the
                                                    High Water mark on
                                                    the beach.
2...........  May--4th Sunday,  Isle of Wight      All waters of Isle of
               June--3rd         Bay, Ocean City,   Wight Bay within a
               Monday, June      MD, Safety Zone.   350 yard radius of
               29th and July                        the fireworks barge
               4th, August--                        in approximate
               1st and 4th                          position latitude
               Sunday, August                       38[deg]22[min]32[sec
               6th, September--                     ] N, longitude
               1st and 4th                          075[deg]04[min]30[se
               Sunday.                              c] W.
3...........  July 4th........  Assawoman Bay,     All waters of
                                 Fenwick Island--   Assawoman Bay within
                                 Ocean City, MD,    a 360 yard radius of
                                 Safety Zone.       the fireworks launch
                                                    location on the pier
                                                    at the West end of
                                                    Northside Park, in
                                                    approximate position
                                                    latitude
                                                    38[deg]25[min]57.6[s
                                                    ec] N, longitude
                                                    075[deg]03[min]55.8[
                                                    sec] W.
4...........  July 4th........  Broad Bay,         All waters of the
                                 Virginia Beach,    Broad Bay within a
                                 VA, Safety Zone.   400 yard radius of
                                                    the fireworks
                                                    display in
                                                    approximate position
                                                    latitude
                                                    36[deg]52[min]08[sec
                                                    ] N, longitude
                                                    076[deg]00[min]46[se
                                                    c] W, located on the
                                                    shoreline near the
                                                    Cavalier Golf and
                                                    Yacht Club, Virginia
                                                    Beach, Virginia.
5...........  October--1st      York River, West   All waters of the
               Friday.           Point, VA,         York River near West
                                 Safety Zone.       Point, VA within a
                                                    400 yard radius of
                                                    the fireworks
                                                    display located in
                                                    approximate position
                                                    latitude
                                                    37[deg]31[min]25[sec
                                                    ] N, longitude
                                                    076[deg]47[min]19[se
                                                    c] W.
6...........  July 4th........  York River,        All waters of the
                                 Yorktown, VA,      York River within a
                                 Safety Zone.       400 yard radius of
                                                    the fireworks
                                                    display in
                                                    approximate position
                                                    latitude
                                                    37[deg]14[min]14[sec
                                                    ] N, longitude
                                                    076[deg]30[min]02[se
                                                    c] W, located near
                                                    Yorktown, Virginia.
7...........  July 4th........  Chincoteague       All waters of the
                                 Channel,           Chincoteague Channel
                                 Chincoteague,      within a 360 yard
                                 VA, Safety Zone.   radius of the
                                                    fireworks launch
                                                    location at the
                                                    Chincoteague
                                                    carnival waterfront
                                                    in approximate
                                                    position latitude
                                                    37[deg]55[min]40.3[s
                                                    ec] N, longitude
                                                    075[deg]23[min]10.7[
                                                    sec] W,
                                                    approximately 900
                                                    yards southwest of
                                                    Chincoteague Swing
                                                    Bridge.
8...........  May--1st Friday,  James River,       All waters of the
               July 4th.         Newport News,      James River within a
                                 VA, Safety Zone.   325 yard radius of
                                                    the fireworks barge
                                                    in approximate
                                                    position latitude
                                                    36[deg]58[min]30[sec
                                                    ] N, longitude
                                                    076[deg]26[min]19[se
                                                    c] W, located in the
                                                    vicinity of the
                                                    Newport News
                                                    Shipyard, Newport
                                                    News, Virginia.
9...........  July 9th........  Chesapeake Bay,    All waters of the
                                 Hampton, VA,       Chesapeake Bay
                                 Safety Zone.       within a 350 yard
                                                    radius of
                                                    approximate position
                                                    latitude
                                                    37[deg]02[min]23[sec
                                                    ] N, longitude
                                                    076[deg]17[min]22[se
                                                    c] W, located near
                                                    Buckroe Beach.
10..........  June--4th Friday  Chesapeake Bay,    All waters of the
                                 Norfolk, VA,       Chesapeake Bay
                                 Safety Zone.       within a 400 yard
                                                    radius of the
                                                    fireworks display
                                                    located in position
                                                    latitude
                                                    36[deg]57[min]21[sec
                                                    ] N, longitude
                                                    076[deg]15[min]00[se
                                                    c] W, located near
                                                    Ocean View Fishing
                                                    Pier.

[[Page 671]]

 
11..........  July 4th........  Chesapeake Bay,    All waters of the
                                 Virginia Beach,    Chesapeake Bay 400
                                 VA, Safety Zone.   yard radius of the
                                                    fireworks display in
                                                    approximate position
                                                    latitude
                                                    36[deg]55[min]02[sec
                                                    ] N, longitude
                                                    076[deg]03[min]27[se
                                                    c] W, located at the
                                                    First Landing State
                                                    Park at Virginia
                                                    Beach, Virginia.
12..........  Memorial Day,     Elizabeth River,   All waters of the
               June--1st and     Southern Branch,   Elizabeth River
               2nd Friday,       Norfolk, VA,       Southern Branch in
               Saturday and      Safety Zone.       an area bound by the
               Sunday, July                         following points:
               4th, November--                      latitude
               4th Saturday,                        36[deg]50[min]54.8[s
               December--1st                        ec] N, longitude
               Saturday and                         076[deg]18[min]10.7[
               December 31st,                       sec] W; thence to
               January--1st.                        latitude
                                                    36[deg]51[min]7.9[se
                                                    c] N, longitude
                                                    076[deg]18[min]01[se
                                                    c] W; thence to
                                                    latitude
                                                    36[deg]50[min]45.6[s
                                                    ec] N, longitude
                                                    076[deg]17[min]44.2[
                                                    sec] W; thence to
                                                    latitude
                                                    36[deg]50[min]29.6[s
                                                    ec] N, longitude
                                                    076[deg]17[min]23.2[
                                                    sec] W; thence to
                                                    latitude
                                                    36[deg]50[min]7.7[se
                                                    c] N, longitude
                                                    076[deg]17[min]32.3[
                                                    sec] W; thence to
                                                    latitude
                                                    36[deg]49[min]58[sec
                                                    ] N, longitude
                                                    076[deg]17[min]28.6[
                                                    sec] W; thence to
                                                    latitude
                                                    36[deg]49[min]52.6[s
                                                    ec] N, longitude
                                                    076[deg]17[min]43.8[
                                                    sec] W; thence to
                                                    latitude
                                                    36[deg]50[min]27.2[s
                                                    ec] N, longitude
                                                    076[deg]17[min]45.3[
                                                    sec] W thence to the
                                                    point of origin.
13..........  May--2nd          Appomattox River,  All waters of the
               Saturday,         Hopewell, VA,      Appomattox River
               September--1st    Safety Zone.       within a 400 yard
               Saturday and                         radius of the
               Sunday,                              fireworks barge in
               December--1st                        approximate position
               Saturday.                            latitude
                                                    37[deg]19[min]11[sec
                                                    ] N, longitude
                                                    077[deg]16[min]55[se
                                                    c] W.
14..........  July--3rd         John H. Kerr       All waters of John H.
               Saturday.         Reservoir,         Kerr Reservoir
                                 Clarksville, VA,   within a 400 yard
                                 Safety Zone.       radius of
                                                    approximate position
                                                    latitude
                                                    36[deg]37[min]51[sec
                                                    ] N, longitude
                                                    078[deg]32[min]50[se
                                                    c] W, located near
                                                    the south end of the
                                                    State Route 15
                                                    Highway Bridge.
15..........  May, June, July,  Atlantic Ocean,    All waters of the
               August,           Virginia Beach,    Atlantic Ocean
               September,        VA, Safety Zone.   within a 1000 yard
               October--every    A.                 radius of the center
               Wednesday,                           located near the
               Friday,                              shoreline at
               Saturday and                         approximate position
               Sunday, July                         latitude
               4th.                                 36[deg]51[min]12[sec
                                                    ] N, longitude
                                                    075[deg]58[min]06[se
                                                    c] W, located off
                                                    the beach between
                                                    17th and 31st
                                                    streets.
16..........  September--4th    Atlantic Ocean,    All waters of the
               Saturday.         VA Beach, VA,      Atlantic Ocean
                                 Safety Zone. B.    within a 350 yard
                                                    radius of
                                                    approximate position
                                                    latitude
                                                    36[deg]50[min]35[sec
                                                    ] N, longitude
                                                    075[deg]58[min]09[se
                                                    c] W, located on the
                                                    14th Street Fishing
                                                    Pier.
17..........  August--4th       Atlantic Ocean,    All waters of the
               Friday and        VA Beach, VA,      Atlantic Ocean
               Saturday.         Safety Zone. C.    within a 350 yard
                                                    radius of
                                                    approximate position
                                                    latitude
                                                    36[deg]49[min]55[sec
                                                    ] N, longitude
                                                    075[deg]58[min]00[se
                                                    c] W, located off
                                                    the beach between
                                                    2nd and 6th streets.
18..........  July 4th........  Nansemond River,   All waters of the
                                 Suffolk, VA,       Nansemond River
                                 Safety Zone.       within a 350 yard
                                                    radius of
                                                    approximate position
                                                    latitude
                                                    36[deg]44[min]27[sec
                                                    ] N, longitude
                                                    076[deg]34[min]42[se
                                                    c] W, located near
                                                    Constant's Wharf in
                                                    Suffolk, VA.
19..........  February--4th     Chickahominy       All waters of the
               Saturday, July    River,             Chickahominy River
               4th.              Williamsburg,      within a 400 yard
                                 VA, Safety Zone.   radius of the
                                                    fireworks display in
                                                    approximate position
                                                    latitude
                                                    37[deg]14[min]50[sec
                                                    ] N, longitude
                                                    076[deg]52[min]17[se
                                                    c] W, near Barrets
                                                    Point, Virginia.
20..........  July 4th........  James River,       All waters of the
                                 Williamsburg,      James River within a
                                 VA, Safety Zone.   350 yard radius of
                                                    approximate position
                                                    latitude
                                                    37[deg]13[min]23.3[s
                                                    ec] N, longitude
                                                    076[deg]40[min]11.8[
                                                    sec] W, located near
                                                    Kingsmill Resort.
------------------------------------------------------------------------
            (d) Coast Guard Sector North Carolina--COTP Zone
------------------------------------------------------------------------
1...........  July 4th,         Morehead City      All waters of the
               October--1st      Harbor Channel,    Morehead City Harbor
               Friday.           NC, Safety Zone.   Channel that fall
                                                    within a 360 yard
                                                    radius of latitude
                                                    34[deg]43[min]01[sec
                                                    ] N, longitude
                                                    076[deg]42[min]59.6[
                                                    sec] W, a position
                                                    located at the west
                                                    end of Sugar Loaf
                                                    Island, NC.
2...........  April--2nd        Cape Fear River,   All waters of the
               Saturday, July    Wilmington, NC,    Cape Fear River
               4th, August--     Safety Zone.       within an area bound
               3rd Monday,                          by a line drawn from
               October--1st                         the following
               Friday.                              points: latitude
                                                    34[deg]13[min]54[sec
                                                    ] N, longitude
                                                    077[deg]57[min]06[se
                                                    c] W; thence
                                                    northeast to
                                                    latitude
                                                    34[deg]13[min]57[sec
                                                    ] N, longitude
                                                    077[deg]57[min]05[se
                                                    c] W; thence north
                                                    to latitude
                                                    34[deg]14[min]11[sec
                                                    ] N, longitude
                                                    077[deg]57[min]07[se
                                                    c] W; thence
                                                    northwest to
                                                    latitude
                                                    34[deg]14[min]22[sec
                                                    ] N, longitude
                                                    077[deg]57[min]19[se
                                                    c] W; thence west to
                                                    latitude
                                                    34[deg]14[min]22[sec
                                                    ] N, longitude
                                                    077[deg]57[min]06[se
                                                    c] W; thence
                                                    southeast to
                                                    latitude
                                                    34[deg]14[min]07[sec
                                                    ] N, longitude
                                                    077[deg]57[min]00[se
                                                    c] W; thence south
                                                    to latitude
                                                    34[deg]13[min]54[sec
                                                    ] N, longitude
                                                    077[deg]56[min]58[se
                                                    c] W; thence to the
                                                    point of origin,
                                                    located
                                                    approximately 500
                                                    yards north of Cape
                                                    Fear Memorial
                                                    Bridge.

[[Page 672]]

 
3...........  July 4th........  Green Creek and    All waters of Green
                                 Smith Creek,       Creek and Smith
                                 Oriental, NC,      Creek that fall
                                 Safety Zone.       within a 300 yard
                                                    radius of the
                                                    fireworks launch
                                                    site at latitude
                                                    35[deg]01[min]29.6[s
                                                    ec] N, longitude
                                                    076[deg]42[min]10.4[
                                                    sec] W, located near
                                                    the entrance to the
                                                    Neuse River in the
                                                    vicinity of
                                                    Oriental, NC.
4...........  July 4th........  Pasquotank River,  All waters of the
                                 Elizabeth City,    Pasquotank River
                                 NC, Safety Zone.   within a 300 yard
                                                    radius of the
                                                    fireworks launch
                                                    site in approximate
                                                    position latitude
                                                    36[deg]18[min]00[sec
                                                    ] N, longitude
                                                    076[deg]13[min]00[se
                                                    c] W, approximately
                                                    200 yards south of
                                                    the east end of the
                                                    Elizabeth City
                                                    Bascule Bridges.
5...........  July 4th........  Currituck Sound,   All waters of the
                                 Corolla, NC,       Currituck Sound
                                 Safety Zone.       within a 300 yard
                                                    radius of the
                                                    fireworks barge in
                                                    approximate position
                                                    latitude
                                                    36[deg]22[min]48[sec
                                                    ] N, longitude
                                                    075[deg]51[min]15[se
                                                    c] W.
6...........  July 4th,         Middle Sound,      All waters of the
               November--3rd     Figure Eight       Figure Eight Island
               Saturday.         Island, NC,        Causeway Channel
                                 Safety Zone.       from latitude
                                                    34[deg]16[min]32[sec
                                                    ] N, longitude
                                                    077[deg]45[min]32[se
                                                    c] W, thence east
                                                    along the marsh to a
                                                    position located at
                                                    latitude
                                                    34[deg]16[min]19[sec
                                                    ] N, longitude
                                                    077[deg]44[min]55[se
                                                    c] W, thence south
                                                    to the causeway at
                                                    position latitude
                                                    34[deg]16[min]16[sec
                                                    ] N, longitude
                                                    077[deg]44[min]58[se
                                                    c] W, thence west
                                                    along the shoreline
                                                    to position latitude
                                                    34[deg]16[min]29[sec
                                                    ] N, longitude
                                                    077[deg]45[min]34[se
                                                    c] W, thence back to
                                                    the point of origin.
7...........  June--2nd         Pamlico River,     All waters of the
               Saturday, July--  Washington, NC,    Pamlico River that
               1st Saturday      Safety Zone.       fall within a 300
               after July 4th.                      yard radius of the
                                                    fireworks launch
                                                    site at latitude
                                                    35[deg]32[min]19[sec
                                                    ] N, longitude
                                                    077[deg]03[min]20.5[
                                                    sec] W, located 500
                                                    yards north of
                                                    Washington railroad
                                                    trestle bridge.
8...........  July 4th........  Neuse River, New   All waters of the
                                 Bern, NC, Safety   Neuse River within a
                                 Zone.              360 yard radius of
                                                    the fireworks barge
                                                    in approximate
                                                    position latitude
                                                    35[deg]06[min]07.1[s
                                                    ec] N, longitude
                                                    077[deg]01[min]35.8[
                                                    sec] W, located 420
                                                    yards north of the
                                                    New Bern, Twin Span,
                                                    high rise bridge.
9...........  July 4th........  Edenton Bay,       All waters within a
                                 Edenton, NC,       300 yard radius of
                                 Safety Zone.       position latitude
                                                    36[deg]03[min]04[sec
                                                    ] N, longitude
                                                    076[deg]36[min]18[se
                                                    c] W, approximately
                                                    150 yards east of
                                                    the entrance to
                                                    Queen Anne Creek,
                                                    Edenton, NC.
10..........  July 4th,         Motts Channel,     All waters of Motts
               November--4th     Banks Channel,     Channel within a 300
               Monday.           Wrightsville       yard radius of the
                                 Beach, NC,         fireworks barge in
                                 Safety Zone.       approximate position
                                                    latitude
                                                    34[deg]12[min]29[sec
                                                    ] N, longitude
                                                    077[deg]48[min]27[se
                                                    c] W, approximately
                                                    560 yards south of
                                                    Sea Path Marina,
                                                    Wrightsville Beach,
                                                    NC.
11..........  July 4th........  Cape Fear River,   All waters of the
                                 Southport, NC,     Cape Fear River
                                 Safety Zone.       within a 600 yard
                                                    radius of the
                                                    fireworks barge in
                                                    approximate position
                                                    latitude
                                                    33[deg]54[min]40[sec
                                                    ] N, longitude
                                                    078[deg]01[min]18[se
                                                    c] W, approximately
                                                    700 yards south of
                                                    the waterfront at
                                                    Southport, NC.
12..........  July 4th........  Big Foot Slough,   All waters of Big
                                 Ocracoke, NC,      Foot Slough within a
                                 Safety Zone.       300 yard radius of
                                                    the fireworks launch
                                                    site in approximate
                                                    position latitude
                                                    35[deg]06[min]54[sec
                                                    ] N, longitude
                                                    075[deg]59[min]24[se
                                                    c] W, approximately
                                                    100 yards west of
                                                    the Silver Lake
                                                    Entrance Channel at
                                                    Ocracoke, NC.
13..........  August--1st       New River,         All waters of the New
               Tuesday.          Jacksonville,      River within a 300
                                 NC, Safety Zone.   yard radius of the
                                                    fireworks launch
                                                    site in approximate
                                                    position latitude
                                                    34[deg]44[min]45[sec
                                                    ] N, longitude
                                                    077[deg]26[min]18[se
                                                    c] W, approximately
                                                    one half mile south
                                                    of the Hwy 17
                                                    Bridge,
                                                    Jacksonville, North
                                                    Carolina.
------------------------------------------------------------------------


[USCG-2008-0189, 74 FR 15848, Apr. 8, 2009]



Sec. 165.507  Security Zone; Chesapeake Bay, between Sandy Point and Kent 

Island, MD.

    (a) Definitions. The Captain of the Port, Baltimore, Maryland means 
the Commander, Coast Guard Sector Baltimore, Maryland 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 security zone: All waters of 
the Chesapeake Bay, from the surface to the bottom, within 250 yards 
north of the north (westbound) span of the William

[[Page 673]]

P. Lane Jr. Memorial Bridge, and 250 yards south of the south 
(eastbound) span of the William P. Lane Jr. Memorial Bridge, from the 
western shore at Sandy Point to the eastern shore at Kent Island, 
Maryland.
    (c) Regulations. (1) All persons are required to comply with the 
general regulations governing security zones found in Sec. 165.33 of 
this part.
    (2) Entry into or remaining in this zone is prohibited unless 
authorized by the Coast Guard Captain of the Port, Baltimore, Maryland.
    (3) Persons or vessels requiring entry into or passage through the 
security zone must first request authorization from the Captain of the 
Port, Baltimore to seek permission to transit the area. The Captain of 
the Port, Baltimore, Maryland can be contacted at telephone number (410) 
576-2693. The Coast Guard vessels enforcing this section can 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 proceed as 
directed. If permission is granted, all persons and vessels must comply 
with the instructions of the Captain of the Port, Baltimore, Maryland 
and proceed at the minimum speed necessary to maintain a safe course 
while within the zone.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the zone by Federal, State, and local agencies.
    (e) Enforcement period. This section will be enforced annually 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 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 security zone: All waters of 
the Georgetown Channel of the Potomac River, from the surface to the 
bottom, 75 yards from the eastern shore measured perpendicularly to the 
shore, between the Long Railroad Bridge (the most 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 with the 
general regulations governing security zones found in Sec. 165.33 of 
this part.
    (2) Entry into or remaining in this zone is prohibited unless 
authorized by the Coast Guard Captain of the Port, Baltimore, Maryland.
    (3) Persons or vessels requiring entry into or passage through the 
security zone must first request authorization from the Captain of the 
Port, Baltimore to seek permission to transit the area. The Captain of 
the Port, Baltimore, Maryland can be contacted at telephone number (410) 
576-2693. The Coast Guard vessels enforcing this section can 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 proceed as 
directed. If permission is granted, all persons and vessels must comply 
with the instructions of the Captain of the Port, Baltimore, Maryland 
and proceed at the minimum speed necessary to maintain a safe course 
while within the zone.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the zone by Federal, State, and local agencies.
    (e) Enforcement period. This section will be enforced from 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, the Captain of the 
Port, Baltimore, Maryland means the Commander, Coast Guard Sector 
Baltimore, Maryland or any Coast Guard commissioned, warrant, or petty 
officer who has been authorized by the Captain of the Port,

[[Page 674]]

Baltimore, Maryland to act on his or her behalf.
    (b) Location. The following area is a security zone: All waters of 
the Severn River, from shoreline to shoreline, bounded by a line 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 a point 
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, at 38[deg]59[min]14.4[sec] N, 
076[deg]28[min]30.1[sec] W; westward across 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 Academy waterfront. This security zone includes the waters of 
College Creek eastward of the King George Street Bridge (NAD 1983).
    (c) Regulations. (1) The general regulations governing security 
zones found in Sec. 165.33 apply to the security zone described in 
paragraph (b) of this section.
    (2) Entry into or remaining in this zone is prohibited unless 
authorized by the Coast Guard Captain of the Port, Baltimore, Maryland.
    (3) Persons or vessels requiring entry into or passage through the 
security zone must first request authorization from the Captain of the 
Port, Baltimore to seek permission to transit the area. The Captain of 
the Port, Baltimore, Maryland can be contacted at telephone number (410) 
576-2693. The Coast Guard vessels enforcing this section can be 
contacted on 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 proceed as directed. If 
permission is granted, all persons and vessels must comply with the 
instructions of the Captain of the Port, Baltimore, Maryland and proceed 
at the minimum speed necessary to maintain a safe course while within 
the zone.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the zone by Federal, State, and local agencies.
    (e) Enforcement period. This section will be enforced annually on 
the Friday before the Memorial Day holiday in May from 7:30 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 and 

Schuylkill River-Regulated Navigation Area.

    (a) Regulated Navigation Area. The following is a Regulated 
Navigation Area: The navigable waters of Delaware Bay and River, Salem 
River, Christina River, and Schuylkill River, in an area bounded on the 
south by a line drawn across the entrance to the Delaware Bay between 
Cape May Light and Harbor of Refuge Light and then continuing to the 
northernmost extremity of Cape Henlopen, and bounded on the north by a 
line drawn across the Delaware River between Trenton, NJ and 
Morrisville, PA along the southern side of the U.S. Route 1 Bridge.
    (b) Definitions. As used in this section:
    COTP means the Captain of the Port, Delaware Bay and any Coast Guard 
commissioned, warrant or petty officer who has been authorized by the 
COTP to act on his or her behalf.
    Dangerous Cargo means those cargoes listed in Sec. 160.203 of this 
chapter when carried in bulk, but does not include cargoes listed in 
table 1 of 46 CFR part 153.
    Underway means that a vessel is not at anchor, made fast to the 
shore, or aground.
    (c) Applicability. This section applies to any vessel operating 
within the Regulated Navigation Area, including a naval or public 
vessel, except a vessel engaged in:
    (1) Law enforcement;
    (2) Servicing aids to navigation; or
    (3) Surveying, maintaining, or improving waters within the Regulated 
Navigation Area.
    (d) Draft limitation. Unless otherwise authorized by the COTP, no 
vessel with a draft greater than 55 feet may enter this regulated 
navigation area.

    Note: The project depth in many areas of the Regulated Navigation 
Area is less than 55 feet.

    (e) Oil transfer operations. Unless otherwise authorized by the 
COTP, no vessel to vessel oil transfer operations, excluding bunkering, 
may be conducted within the area between the southern boundary of this 
regulated navigation area and the southern span of the Delaware Memorial 
Bridge except within

[[Page 675]]

the anchorage ground designated in 110.157(a)(1) of this chapter.
    (f) Requirements for vessels carrying dangerous cargoes. The master, 
owner, or operator of a vessel carrying a dangerous cargo shall:
    (1) Notify the COTP at least 72 hours before the vessel enters or 
departs the regulated navigation area and at least 12 hours before the 
vessel moves within the regulated navigation area. The notice must 
include a report of the vessel's propulsion and machinery status and, 
for foreign flag vessels, the notice must include any outstanding 
deficiencies identified by the vessel's flag state or classification 
society;
    (2) Not enter, get or remain underway within the regulated 
navigation area if visibility is or is expected to be less than two (2) 
miles. If during the transit visibility becomes less than two (2) miles, 
the vessel must seek safe anchorage and notify the COTP immediately;
    (3) Not anchor in any area within the regulated navigation area 
unless in times of emergency or with COTP permission;
    (4) Not transfer dangerous cargo while the vessel is at anchor or 
bunkering;
    (5) Maintain a manned watch in the steering compartment whenever the 
vessel is underway within the regulated navigation area unless the 
vessel has two separate and independent steering control systems with 
duplicate pilothouse steering gear control systems which meet the 
requirements of 46 CFR 58.25-70;
    (6) When anchored within the regulated navigation area and:
    (i) Sustained winds are greater than 25 knots but less than 40 
knots, ensure the main engines are ready to provide full power in five 
minutes or less; and
    (ii) Sustained winds are 40 knots or over, ensure that the main 
engines are on line to immediately provide propulsion;
    (7) While moored within the regulated navigation area, ensure that 
at least two wire cable mooring lines (firewarps) are rigged and ready 
for use as emergency towing hookups fore and aft on the outboard side of 
the vessel;
    (8) While underway or anchored within the regulated navigation area, 
ensure that at least two wire cable mooring lines (firewarps) are rigged 
and ready for use as emergency towing hookups fore and aft on the 
vessel; and,
    (9) Proceed as directed by the COTP.
    (g) Requirements for vessels operating in the vicinity of a vessel 
carrying dangerous cargoes. (1) Except for a vessel that is attending a 
vessel carrying dangerous cargo with permission from the master of the 
vessel carrying dangerous cargo or a vessel that is anchored or moored 
at a marina, wharf, or pier, and which remains moored or at anchor, no 
vessel may, without the permission of the COTP:
    (i) Come or remain within 500 yards of the port or starboard side or 
within 1,000 yards of the bow or stern of an underway vessel that is 
carrying dangerous cargo; or
    (ii) Come or remain within 100 yards of a moored or anchored vessel 
carrying dangerous cargo.
    (2) The master, owner, or operator of any vessel receiving 
permission under paragraph (g)(1) of this section shall:
    (i) Maintain a continuous radio guard on VHF-FM channels 13 and 16;
    (ii) Operate at ``no wake'' speed or the minimum speed needed to 
maintain steerage; and
    (iii) Proceed as directed by the COTP.
    (3) No vessel may overtake a vessel carrying dangerous cargoes 
unless the overtaking can be completed before reaching any bend in the 
channel. Before any overtaking, the pilots, masters or operators of both 
the overtaking vessel and the vessel being overtaken must clearly agree 
on the circumstances of the overtaking, including vessel speeds, time 
and location of overtaking.
    (h) Additional restrictions above the C&D Canal. When operating on 
the Delaware River above the C&D Canal:
    (1) A vessel carrying dangerous cargo must be escorted by at least 
one commercial tug; and
    (2) Meeting situations shall be avoided on river bends to the 
maximum extent possible.
    (i) The COTP will issue a Broadcast Notice to Mariners to inform the 
marine community of scheduled vessel

[[Page 676]]

movements during which the restrictions imposed by paragraphs (g) and 
(h) of this section will be in effect.

[CGD 05-96-010, 62 FR 40275, July 28, 1997, as amended by USCG-2000-
7223, 65 FR 40058, June 29, 2000]



Sec. 165.511  Security Zone; Atlantic Ocean, Chesapeake & Delaware Canal, 

Delaware Bay, Delaware River and its tributaries.

    (a) Location. A 500-yard radius around escorted passenger vessels in 
the Captain of the Port, Delaware Bay zone as defined in 33 CFR 3.25-05.
    (b) Regulations. (1) All persons are required to comply with the 
general regulations governing security zones in Sec. 165.33 of this 
part.
    (2) All persons or vessels operating at the minimum safe speed 
necessary to maintain navigation may transit within 500 yards of an 
escorted passenger vessel without the permission of the Captain of the 
Port Delaware Bay, PA or designated representative while the escorted 
passenger vessel is in the Captain of the Port Delaware Bay zone.
    (3) No person or vessel may transit or remain within 100 yards of an 
escorted passenger vessel without the permission of the Captain of the 
Port Delaware Bay or designated representative while the passenger 
vessel is in the Captain of the Port Philadelphia zone.
    (4) Any person or vessel authorized to enter the security zone must 
operate in strict conformance with any directions given by the Captain 
of the Port Delaware Bay or designated representative and leave the 
security zone immediately if the Captain of the Port Delaware Bay or 
designated representative so orders.
    (5) When an escorted passenger vessel approaches within 100 yards of 
any vessel that is moored or anchored, the stationary vessel must stay 
moored or anchored while it remains within 100 yards of the passenger 
vessel unless it is either ordered by or given permission by the Captain 
of the Port, Delaware Bay or designated representative to do otherwise.
    (6) The Coast Guard designated representative enforcing this section 
can be contacted on VHF Marine Band Radio, channels 13 and 16. The 
Captain of the Port can be contacted at (215) 271-4807.
    (c) Maneuver-restricted vessels. When conditions permit, the Captain 
of the Port or designated representative should:
    (1) Permit vessels constrained by their navigational draft or 
restricted in their ability to maneuver to pass within the 100 yards of 
the passenger vessel in order to ensure safe passage in accordance with 
the Navigation Rules as seen in 33 CFR chapter I, subchapters D and E; 
and
    (2) Permit vessels constrained by their navigational draft or 
restricted in their ability to maneuver that must transit via a 
navigable channel or waterway to pass within 100 yards of an anchored 
passenger vessel.
    (d) Definitions. As used in this section--
    Captain of the Port means the Commanding Officer of the Coast Guard 
Sector Delaware Bay or any Coast Guard commissioned, warrant, or petty 
officer who has been authorized by the Captain of the Port to act as a 
designated representative on his behalf.
    Escort means assets (surface or air) with the Coast Guard insignia 
that accompany and protect the escorted vessel, armed with crew-served 
weapons that are manned and ready.
    Passenger vessels means vessels greater than 100 feet in length, 
over 100 gross tons that are authorized to carry 500 or more passengers, 
making voyages lasting more than 24 hours, except for ferries.

[CGD05-04-047, 69 FR 56697, Sept. 22, 2004]



Sec. 165.512  Safety Zone; Patapsco River, Northwest and Inner Harbors, 

Baltimore, MD.

    (a) Definitions. For the purposes of this section:
    (1) 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.
    (2) USS CONSTELLATION ``turn-around'' participants means the USS 
CONSTELLATION, its support craft and the accompanying towing vessels.

[[Page 677]]

    (b) Location. The following area is a moving safety zone: All 
waters, from surface to bottom, within 200 yards ahead of or 100 yards 
outboard or aft of the historic sloop-of-war USS CONSTELLATION, while 
operating in the Inner Harbor, the Northwest Harbor and the Patapsco 
River.
    (c) Regulations. (1) The general regulations governing safety zones, 
found in Sec. 165.23, apply to the safety zone described in paragraph 
(b) of this section.
    (2) With the exception of USS CONSTELLATION ``turn-around'' 
participants, entry into or remaining in this zone is prohibited, unless 
authorized by the Captain of the Port, Baltimore, Maryland.
    (3) Persons or vessels requiring entry into or passage through the 
moving safety zone must first request authorization from the Captain of 
the Port, Baltimore, Maryland to seek permission to transit the area. 
The Captain of the Port, Baltimore, Maryland can be contacted at 
telephone number (410) 576-2693. The Coast Guard vessels enforcing this 
section can be contacted on 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 person or vessel shall proceed as 
directed. If permission is granted, all persons or vessels must comply 
with the instructions of the Captain of the Port, Baltimore, Maryland, 
and proceed at the minimum speed necessary to maintain a safe course 
while within the zone.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the zone by Federal, State and local agencies.
    (e) Enforcement period. This section will be enforced from 2 p.m. 
through 7 p.m. local time, annually, on the Friday following Labor 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: All waters of the 
Atlantic Intracoastal Waterway (AICW) and connecting waters, from Bogue 
Sound--New River Daybeacon 58 (LLNR 39210) at approximate position 
34[deg]37[min]57[sec] North, 077[deg]12[min]18[sec] West, and continuing 
in the AICW southwest to Bogue Sound--New River Daybeacon 70 (LLNR 
39290) at approximate position 34[deg]33[min]07[sec] North, 
077[deg]20[min]30[sec] West. All coordinates reference Datum: NAD 1983.
    (b) Regulations. Notwithstanding the provisions of 33 CFR 
334.440(e)(2)(i), no vessel may enter the safety zone described in 
paragraph (a) of this section while weapons firing exercises are in 
progress, except as provided in paragraph (c) of this section or unless 
permitted by the Captain of the Port (COTP) Wilmington.
    (1) Red warning flags or red warning lights will be displayed on 
towers located at both ends of the safety zone (Bear Creek and Cedar 
Point) while firing exercises are in progress. The flags or lights will 
be displayed by 8 a.m. on days where firing exercises are scheduled, and 
will be removed at the end of the firing exercise.
    (2) A Coast Guard or U.S. Navy vessel will patrol each end of the 
safety zone to ensure the public is aware that firing exercises are in 
progress and that the firing area is clear of vessel traffic before 
weapons are fired.
    (c) General information--(1) Announcements. The COTP Wilmington will 
announce the specific times and locations of firing exercises by 
Broadcast Notice to Mariners and Local Notice to Mariners. Normally, 
weapons firing for each firing exercise is limited to a two nautical 
mile portion of the safety zone. The COTP may issue general permission 
to transit all or specified parts of the safety zone outside of the 
actual firing area or if firing is temporarily stopped. This general 
permission will be announced in a Local Notice to Mariners and Broadcast 
Notice to Mariners.
    (2) Camp Lejeune artillery operations. Artillery weapons firing over 
the AICW from Marine Corps Base Camp Lejeune will be suspended and 
vessels permitted to transit the specified 2-nautical-mile firing area 
for a 1-hour period beginning at the start of each odd-numbered hour 
local time (e.g., 9 a.m.; 1 p.m.). A

[[Page 678]]

vessel may not enter the specified firing area unless it will be able to 
complete its transit of the firing area before firing exercises are 
scheduled to re-start.
    (3) Atlantic Ocean naval gunnery live fire operations. Naval gunnery 
live fire operations over the AICW from off shore on the Atlantic Ocean 
may be conducted for periods not to exceed 4 hours, then suspended and 
vessels permitted to transmit the specified two-mile firing area for a 
minimum of one hour before firing may resume. A vessel may not enter the 
specified firing area unless it will be able to complete its transit of 
the firing area before firing exercises are scheduled to re-start.
    (d) Contact information. U.S. Navy safety vessels may be contacted 
on VHF marine band radio channels 13 (156.65 MHz) and 16 (156.8 MHz). 
The Captain of the Port may be contacted at the Marine Safety Unit 
Wilmington, NC by telephone at 1 (877) 229-0770 or (910) 770-2200.

[CGD 05-98-38, 63 FR 58636, Nov. 2, 1998, as amended by USCG-2000-7223, 
65 FR 40058, June 29, 2000; CGD05-03-167, 69 FR 41946, July 13, 2004]



Sec. 165.515  Safety Zone: Cape Fear River, Wilmington, North Carolina.

    (a) Location. The following area is a safety zone:
    (1) The waters of the Cape Fear River bounded by a line connecting 
the following points:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
34[deg]14[min]12[sec] N              77[deg]57[min]10[sec] W
34[deg]14[min]12[sec] N              77[deg]57[min]06[sec] W
34[deg]13[min]54[sec] N              77[deg]57[min]00[sec] W
34[deg]13[min]54[sec] N              77[deg]57[min]06[sec] W
------------------------------------------------------------------------

    (2) The safety zone boundary can be described as follows: starting 
at the stern of the Battleship USS NORTH CAROLINA, across the Cape Fear 
River to the north end of the Coast Guard moorings, down along the east 
bank of the Cape Fear River to the bow of the tug CAPTAIN JOHN TAXIS 
Memorial (Chandler's Wharf), back across the Cape Fear River to Eagle 
Island, and then up along the west bank of the Cape Fear River to the 
stern of the Battleship USS NORTH CAROLINA.
    (b) Definitions. The designated representative of the Captain of the 
Port is any Coast Guard commissioned, warrant, or petty officer who has 
been authorized by the Captain of the Port, Wilmington, North Carolina 
to act on his behalf.
    (c) General information. The Captain of the Port and the Duty 
Officer at the Marine Safety Unit, Wilmington, North Carolina, can be 
contacted at telephone number 1-800-325-4956. The Coast Guard Patrol 
Commander and the senior boarding officer on each vessel enforcing the 
safety zone can be contacted on VHF-FM channels 16 and 81.
    (d) Regulation. Except for persons or vessels authorized by the 
Coast Guard Patrol Commander, no person or vessel may enter or remain in 
the regulated area.
    (1) The operator of any vessel in the immediate vicinity of this 
safety zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any 
commissioned, warrant, or petty officer on board a vessel displaying a 
Coast Guard Ensign.
    (ii) Proceed as directed by any commissioned, warrant, or petty 
officer on board a vessel displaying a Coast Guard Ensign.
    (2) Any spectator vessel may anchor outside of the regulated area 
specified in paragraph (a) of the section, but may not block a navigable 
channel.
    (e) Effective date. The Captain of the Port will issue a Marine 
Safety Information Broadcast and a Notice to Mariners to notify the 
public when this section is in effect.

[59 FR 33200, June 28, 1994, as amended by USCG-2000-7223, 65 FR 40059, 
June 29, 2000]



Sec. 165.518  Security Zone; Waters of the Fifth Coast Guard District.

    (a) Definitions. As used in this section--
    Designated Representative means any U.S. Coast Guard commissioned, 
warrant or petty officer who has been authorized by the District 
Commander or local Captain of the Port (COTP), as defined in 33 CFR part 
3, subpart 3.25, to act on his or her behalf.
    Escorted vessel means a vessel, other than a U.S. naval vessel as 
defined in Sec. 165.2015, that is accompanied by one or more Coast 
Guard assets or Federal,

[[Page 679]]

State or local law enforcement agency assets as listed below:
    (1) Coast Guard surface or air asset displaying the Coast Guard 
insignia.
    (2) Coast Guard Auxiliary surface asset displaying the Coast Guard 
Auxiliary insignia.
    (3) State and/or local law enforcement asset displaying the 
applicable agency markings and or equipment associated with the agency.
    State and/or local law enforcement officers means any State or local 
government law enforcement officer who has authority to enforce State 
criminal laws.
    (b) Location. The following area is a security zone: 500-yard radius 
around escorted vessels in the navigable waters of the Fifth Coast Guard 
District as defined in 33 CFR 3.25-1, from surface to bottom.
    (c) Regulations. (1) No vessel may approach within 500 yards of an 
escorted vessel within the navigable waters of the Fifth Coast Guard 
District, unless traveling at the minimum speed necessary to navigate 
safely.
    (2) No vessel may enter within a 100-yard radius of an escorted 
vessel within the navigable waters of the Fifth Coast Guard District, 
without approval from the District Commander, Captain of the Port or 
their designated representatives.
    (3) Moored or anchored vessels, which are overtaken by a moving 
zone, must remain stationary at their location until the escorted vessel 
maneuvers at least 500 yards past.
    (4) Vessels restricted in their ability to maneuver may request 
permission of the District Commander, Captain of the Port or designated 
representative to enter the security zone in order to ensure safe 
passage in accordance with the Navigation Rules in 33 CFR chapter I, 
subparts D and E.
    (5) The local COTP may notify the maritime and general public by 
marine information broadcast of the periods during which individual 
security zones have been activated by providing notice in accordance 
with 33 CFR 165.7.
    (6) When moored, a security zone around an escorted vessel may also 
be enforced by Coast Guard, State or Local law enforcement personnel 
shoreside.
    (7) Persons desiring to transit within 100 yards of an escorted 
vessel in the Fifth Coast Guard District must contact the local Captain 
of the Port on VHF channel 16 (156.800 MHz), VHF channel 13 (156.650 
MHz) or at telephone numbers:

Philadelphia: (215) 271-4807
Baltimore: (410) 576-2693
Hampton Roads: (757) 668-5555 or (757) 484-8192
Wilmington: (910) 772-2200 or (910) 254-1500

    (8) If permission is granted to transit within 100 yards of an 
escorted vessel, all persons and vessels must comply with the 
instructions of the District Commander, Captain of the Port or their 
designated representative.

[CGD05-04-171, 70 FR 11551, Mar. 9, 2005]



Sec. 165.530  Safety Zone: Cape Fear and Northeast Cape Fear Rivers, NC.

    (a) Location. The following area is a moving safety zone during the 
specified conditions: The waters of the Cape Fear and Northeast Cape 
Fear Rivers for 500 yards ahead and astern, and 75 yards abeam of a 
vessel carrying hazardous materials when designated by the Captain of 
the Port Wilmington, North Carolina.
    (b) General Information. (1) The Captain of the Port and the Duty 
Officer at the Marine Safety Unit, Wilmington, North Carolina, can be 
contacted at telephone number 1-800-325-4956. The Coast Guard Patrol 
Commander enforcing the safety zone can be contacted on VHF-FM channels 
16 and 81.
    (2) The Captain of the Port may authorize and designate any Coast 
Guard commissioned, warrant, or petty officer to act on his behalf in 
enforcing this safety zone.
    (3) The Marine Safety Unit Wilmington will notify the maritime 
community of periods during which this safety zone will be in effect by 
providing advance notice of scheduled arrivals and departures of loaded 
hazardous materials vessels via a marine broadcast Notice to Mariners.
    (c) Regulation. The general regulations governing safety zones 
contained in Sec. 165.23 apply.

[COTP Wilmington, NC 94-004, 59 FR 42759, Aug. 19, 1994, as amended by 
USCG-2000-7223, 65 FR 40059, June 29, 2000]

[[Page 680]]



Sec. 165.535  Safety Zone: Atlantic Ocean, Vicinity of Cape Henlopen State 

Park, Delaware.

    (a) Location. The following area is a safety zone: All waters of the 
Atlantic Ocean within the area bounded by a line drawn north from the 
tip of Cape Henlopen located at latitude 38[deg]48.2[min] N, longitude 
75[deg]05.5[min] W, to a point located at latitude 38[deg]49.4[min] N, 
longitude 75[deg]05.5[min] W; thence east to a point located at latitude 
38[deg]49.4[min] N, longitude 75[deg]01.4[min] W; thence south to a 
point located at latitude 38[deg]43.0[min] N, longitude 75[deg]01.4[min] 
W; thence west to a point on the shoreline located at latitude 
38[deg]43.0[min] N, longitude 75[deg]04.5[min] W; thence north following 
the shoreline, to a point located at latitude 38[deg]48.2[min] N, 
longitude 75[deg]05.5[min] W. All coordinate refer to Datum: NAD 1983.
    (b) Regulation. The general regulations governing safety zones 
contained in Sec. 165.23 apply. Vessels may not enter the safety zone 
without first obtaining permission from the Captain of the Port (COTP) 
Delaware Bay.
    (c) Dates. This section is enforced annually on the second Saturday 
in May and the following day.
    (d) General information. (1) Those times during which hazardous 
conditions exist inside the safety zone will be announced by Broadcast 
Notice to Mariners. General permission to enter the safety zone will be 
broadcast during non-hazardous times.
    (2) You can gain access to the safety by calling Sector Field Office 
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 Coast 
Guard commissioned, warrant, or petty officer to act on his behalf in 
enforcing this safety zone.

[CGD05-98-043, 69 FR 28827, May 19, 2004]



Sec. 165.540  Regulated Navigation Area; Cape Fear River, Northeast Cape Fear 

River, Wilmington, North Carolina.

    (a) Description of the Regulated Navigation Area (RNA). The RNA 
encompasses all waters of the Cape Fear River and Northeast Cape Fear 
River from the intersection of Bald Head Shoal Channel and Smith Island 
Channel (centerline coordinates Latitude 33[deg]52[min]24.028[sec] N, 
Longitude 78[deg]00[min]29.624[sec] W (NAD 83)) to mile 26.7 on the 
Northeast Cape Fear River.
    (b) Work areas. Dredging work within the RNA will be conducted in 
five distinct areas: Ocean Bar II, Horseshoe Shoal, Passing Lane & 
Anchorage Basin, Big Island, and the Northeast Cape Fear River. Drilling 
or blasting is expected to occur within the Passing Lane & Anchorage 
Basin, Big Island, and the Northeast Cape Fear River work areas. The 
blast sites within the RNA, will be identified and made available to the 
public through: Broadcast Notices to Mariners or Local Notices to 
Mariners (Local Notices to Mariners are available on-line at 
www.navcen.uscg.gov/lnm/d5/); direct contact with the control vessel on 
channel 16 VHF-FM; direct contact with the contractor; or through the 
Captain of the Port on VHF marine Band Radio, channels 13 and 16; or at 
telephone number (910) 772-2200. In addition, dredge and blasting 
companies will have a control vessel present at the site of each blast.
    (c) Enforcement period. This section will be enforced during the 
months of August, September, October, November, December, and January, 
each year. This rule will expire on January 31, 2006.
    (d) Definitions. Active work area means a work area in which 
blasting, drilling, or dredging operations are currently taking place.
    Blast site means the area where explosive material is handled during 
loading, including the perimeter formed by the loaded blast holes and 
fifty (50) feet (15.2 meters) in all directions from loaded holes.
    Blasting operations means the detonation of explosives on the river 
bottom.
    Captain of the Port means the Coast Guard officer designated by the 
Commandant to command the Captain of the Port Zone as described in 33 
CFR 3.25-20.
    Control vessel means the vessel at an active work area which 
coordinates operations within the active work area.
    Hangfire means a blast that fails to detonate at initiation, but 
detonates at a later time.
    Mile means measured as nautical miles.

[[Page 681]]

    Misfire means a blast that fails to detonate completely after an 
attempt at initiation, also the explosive material that failed to 
detonate as planned.
    RNA means Regulated Navigation Area.
    Work area means those places within the RNA where dredging, 
drilling, and blasting shall be conducted.
    (e) Description of work areas in the RNA--(1) Ocean Bar II, mouth of 
Cape Fear. The work area includes: Part of Bald Head Shoal Channel, 
Smith Island Channel, Baldhead Caswell Channel, Southport Channel, 
Battery Island Channel, Lower Swash Channel, and the majority of Snows 
Marsh Channel. The downstream end of the work area (centerline 
coordinates: Latitude 33[deg] 50[min]43.668[sec] N, Longitude 78[deg] 
01[min]40.068[sec] W (NAD 1983)) is located southeast of Cape Fear River 
Channel Lighted Buoy 8 (LL 30350), approximately 2,560 feet east of the 
centerline of the existing Bald Head Shoal Channel. Upstream end of the 
work area is located 1,200 feet downstream of the intersection of Snows 
Marsh Channel and Horseshoe Shoal Channel at turn six (mile 6.5, 
approximately 1,150 feet downstream of Cape Fear River Channel Lighted 
Buoy 25 (LL 30530/39965)).
    (2) Horseshoe Shoal. The work area includes: Horseshoe Shoal Channel 
and part of Snows Marsh Channel. Downstream end of the work area is 
located 1,200 feet downstream of the intersection of Snows Marsh Channel 
and Horseshoe Shoal Channel (mile 6.5, approximately 1,150 feet 
downstream of Cape Fear River Channel Lighted Buoy 25 (LL 30530/39965)). 
Upstream end of the work area is located at the intersection of 
Horseshoe Shoal Channel and Reaves Point Channel (mile 7.7, at about 
Cape Fear River Channel Lighted Buoy 27 (LL 30550/39945)).
    (3) Big Island. The work area includes: Part of Keg Island Channel, 
Lower Big Island Channel, Upper Big Island Channel, and part of Lower 
Brunswick Channel. Downstream end of the work area is approximately 
2,230 feet upstream of the intersection of Upper Lilliput Channel and 
Keg Island Channel (mile 16.2, approximately 1,320 feet downstream of 
Cape Fear River Channel Lighted Buoy 46 (LL 30765) and approximately 
2,300 feet upstream of Cape Fear River Channel Lighted Buoy 44 (LL 
30750)). Upstream end of the work area is approximately 2,680 feet 
upstream of intersection of Upper Big Island Channel and Lower Brunswick 
Channel (mile 18.7, approximately 1,620 feet upstream of Cape Fear River 
Channel Lighted Buoy 56 (LL 30830) and approximately 590 feet downstream 
of the Carolina Power & Light Company (CP&L) overhead power line 
crossing).
    (4) Passing Lane and Anchorage Basin. There are two separate work 
areas for this contract, separated by the Big Island Contract.
    (i) Passing Lane work area is located immediately downstream of the 
Big Island contract work area. The work area includes: Reaves Point 
Channel, Lower Midnight Channel, Upper Midnight Channel, Lilliput 
Channel, and part of Keg Island Channel. Downstream end of Passing Lane 
work area is the intersection of Horseshoe Shoal Channel and Reaves 
Point Channel (mile 7.7, at about Cape Fear River Channel Lighted Buoy 
27 (LL 30550/39945)). Upstream end of the Passing Lane work area is 
approximately 2,230 feet upstream of intersection of Upper Lilliput 
Channel and Keg Island Channel (mile 16.2, approximately 1,320 feet 
downstream of Cape Fear River Channel Lighted Buoy 46 (LL 30765) and 
approximately 2,300 feet upstream of Cape Fear River Channel Lighted 
Buoy 44 (LL 30750)).
    (ii) Anchorage Basin work area is located immediately upstream of 
the Big Island contract work area. The work area includes: Part of Lower 
Brunswick Channel, Fourth East Jetty Channel, Between Channel, and 
Anchorage Basin Channel. Downstream end of Anchorage Basin work area is 
approximately 2,680 feet upstream of intersection of Upper Big Island 
Channel and Lower Brunswick Channel (mile 18.7, approximately 1,620 feet 
upstream of Cape Fear River Channel Lighted Buoy 56 (LL 30830) and 
approximately 590 feet downstream of the CP&L overhead power line 
crossing). Upstream end of Anchorage Basin work area is the Cape Fear 
Memorial Bridge (mile 23.6).
    (5) Northeast Cape Fear River. The downstream end of the work area 
is the Cape Fear Memorial Bridge (mile 23.6).

[[Page 682]]

Upstream end of the work area (approximately mile 26.7) is on the 
Northeast Cape Fear River and is approximately 700 feet upstream of the 
turning basin located opposite Koch Sulfur Products Co. and 
approximately 90 feet downstream of the submerged gas pipeline crossing.
    (f) Regulations. (1) Blasting, drilling, and dredging operations 
raise many safety issues for vessels transiting the RNA. All mariners 
are reminded to exercise caution while transiting or operating in the 
RNA.
    (2) Active work areas, control vessels, and blast sites will be 
identified via Broadcast Notices to Mariners or Local Notices to 
Mariners. The Local Notice to Mariners is available on-line at 
www.navcen.uscg.gov/lnm/d5/. Control vessels shall monitor channel 16 
VHF-FM.
    (3) The following requirements apply to all vessels.
    (i) All vessels shall inform themselves of the active work areas 
prior to entering the RNA.
    (ii) All vessels shall contact and receive permission from the 
control vessel for that work area before entering the active work area.
    (iii) All vessels transiting an active work area shall do so at no 
wake speed or the minimum speed necessary to maintain steerage.
    (iv) During blasting operations all vessels are prohibited from 
entering an area of 500 yards surrounding the blast site. Upon 
notification of a misfire or hangfire, all vessels underway in the RNA 
shall proceed to clear the active work area in which the misfire or 
hangfire occurred.
    (4) Vessels over 300 gross tons and tugs with tows are required to 
contact the COTP 12 hours before vessel movement within the RNA.
    (5) Vessels meeting the notice of arrival requirements under 33 CFR 
160.207 are encouraged to notify the COTP at least 48-hours before the 
vessel enters the RNA to facilitate scheduling and minimize delays. 
Updates are encouraged at least 12 hours before arriving at the RNA 
boundaries. The COTP may delay entry into the RNA to accommodate other 
commercial traffic.
    (6) Vessels of 300 gross tons or greater shall be prohibited from 
entering the RNA when they are advised that a misfire or hangfire has 
occurred.
    (7) For any vessel with another vessel/barge in tow transiting an 
active work area, the hawser or wire length of the tow shall not exceed 
275 feet, measured from the towing bit on the tug to the point where the 
hawser or wire connects with the towed vessel or barge.
    (8) Vessels of 300 gross tons or greater and tugs with tows, shall, 
prior to entering the RNA, ensure that they have sufficient propulsion 
and directional control to safely navigate the RNA under the prevailing 
conditions.
    (9) Vessels of 300 gross tons or greater and tugs with tows are 
prohibited from meeting or overtaking vessels of 300 gross tons or 
greater or tugs with tows in active work areas or within one nautical 
mile of an active work area.
    (10) The Captain of the Port, Wilmington may, upon written request, 
authorize a deviation from any regulation in this section if it is found 
that the proposed operations can be done safely. An application for 
deviation must be received not less than 48 hours before intended 
operation and must state the need and describe the proposal.

[CGD05-01-006, 66 FR 39099, July 27, 2001]



Sec. 165.552  Security Zone; Oyster Creek Generation Station, Forked River, 

Ocean County, New Jersey.

    (a) Location. The following area is a security zone: Starting at the 
south branch of the Forked River in the vicinity of the Oyster Creek 
Generation Station, bounded by a line beginning at 
39[deg]49[min]12.0[sec] N, 074[deg]12[min]13.0[sec] W; thence to 
39[deg]48[min]39.7[sec] N, 074[deg]12[min]0[sec] W; along the shoreline, 
thence to 39[deg]48[min]40.0[sec] N, 074[deg]12[min]0.3[sec] W; thence 
to 39[deg]49[min]11.8[sec] N, 074[deg]12[min]10.5[sec] W; thence back 
along the shoreline to the beginning point. All coordinates reference 
Datum: NAD 1983.
    (b) Regulations. (1) All persons are required to comply with the 
general regulations governing security zones in Sec. 165.33 of this 
part.
    (2) No person or vessel may enter or navigate within this security 
zone unless authorized to do so by the Coast Guard or designated 
representative. Any person or vessel authorized to

[[Page 683]]

enter the security zones must operate in strict conformance with any 
directions given by the Coast Guard or designated representative and 
leave the security zone immediately if the Coast Guard or designated 
representative so orders.
    (3) The Coast Guard or designated representative enforcing this 
section can be contacted on VHF Marine Band Radio, channels 13 and 16. 
The Captain of the Port can be contacted at (215) 271-4807.
    (4) The Captain of the Port will notify the public of any changes in 
the status of this security zone by Marine Safety Radio Broadcast on 
VHF-FM marine band radio, channel 22 (157.1 MHZ).
    (c) Definitions. For the purposes of this section, Captain of the 
Port means the Commanding Officer of the Coast Guard Sector Delaware 
Bay, or any Coast Guard commissioned, warrant, or petty officer who has 
been authorized by the Captain of the Port to act as a designated 
representative on his behalf.

[CGD05-03-111, 69 FR 5284, Feb. 4, 2004]



Sec. 165.553  Security Zone; Salem and Hope Creek Generation Stations, 

Delaware River, Salem County, New Jersey.

    (a) Location. The following area is a security zone: the waters of 
the Delaware River in the vicinity of the Salem and Hope Creek 
Generation Stations bounded by a line drawn from a point located at 
39[deg]28[min]08.0[sec] N, 075[deg]32[min]31.7[sec] W to 
39[deg]28[min]06.5[sec] N, 075[deg]32[min]47.4[sec] W, thence to 
39[deg]27[min]28.4[sec] N, 075[deg]32[min]15.8[sec] W, thence to 
39[deg]27[min]28.8[sec] N, 075[deg]31[min]56.6[sec] W, thence to 
39[deg]27[min]39.9[sec] N, 075[deg]31[min]51.6[sec] W, thence along the 
shoreline to the point of 39[deg]28[min]08.0[sec] N, 
075[deg]32[min]31.7[sec] W. All coordinates reference Datum: NAD 1983.
    (b) Regulations. (1) All persons are required to comply with the 
general regulations governing security zones in Sec. 165.33 of this 
part.
    (2) No person or vessel may enter or navigate within this security 
zone unless authorized to do so by the Coast Guard or designated 
representative. Any person or vessel authorized to enter the security 
zones must operate in strict conformance with any directions given by 
the Coast Guard or designated representative and leave the security zone 
immediately if the Coast Guard or designated representative so orders.
    (3) The Coast Guard or designated representative enforcing this 
section can be contacted on VHF Marine Band Radio, channels 13 and 16. 
The Captain of the Port can be contacted at (215) 271-4807.
    (4) The Captain of the Port will notify the public of any changes in 
the status of this security zone by Marine Safety Radio Broadcast on 
VHF-FM marine band radio, channel 22 (157.1 MHZ).
    (c) Definitions. For the purposes of this section, Captain of the 
Port means the Commanding Officer of the Coast Guard Sector Delaware 
Bay, or any Coast Guard commissioned, warrant, or petty officer who has 
been authorized by the Captain of the Port to act as a designated 
representative on his behalf.

[CGD05-03-113, 69 FR 5279, Feb. 4, 2004]



Sec. 165.554  Security Zone; Three Mile Island Generating Station, Susquehanna 

River, Dauphin County, Pennsylvania.

    (a) Location. The following area is a security zone: the waters of 
the Susquehanna River in the vicinity of the Three Mile Island 
Generating Station bounded by a line beginning at 
40[deg]09[min]14.74[sec] N, 076[deg]43[min]40.77[sec] W; thence to 
40[deg]09[min]14.74[sec] N, 076[deg]43[min]42.22[sec] W, thence to 
40[deg]09[min]16.67[sec] N, 076[deg]43[min]42.22[sec] W, thence to 
40[deg]09[min]16.67[sec] N, 076[deg]43[min]40.77[sec] W; thence back to 
the beginning point 40[deg]09[min]14.74[sec] N, 
076[deg]43[min]40.77[sec] W. All coordinates reference Datum: NAD 1983.
    (b) Regulations. (1) All persons are required to comply with the 
general regulations governing security zones in Sec. 165.33 of this 
part.
    (2) No person or vessel may enter or navigate within this security 
zone unless authorized to do so by the Coast Guard or designated 
representative. Any person or vessel authorized to enter the security 
zone must operate in strict conformance with any directions given by the 
Coast Guard or designated representative and leave the security zone 
immediately if the Coast Guard or designated representative so orders.

[[Page 684]]

    (3) The Coast Guard or designated representative enforcing this 
section can be contacted on VHF Marine Band Radio, channels 13 and 16. 
The Captain of the Port can be contacted at (215) 271-4807. The Security 
Manager at Three Mile Island can be contacted at (717) 948-8208 or (717) 
948-8039.
    (4) The Captain of the Port will notify the public of any changes in 
the status of this security zone by Marine Safety Radio Broadcast on 
VHF-FM marine band radio, channel 22 (157.1 MHZ).
    (c) Definitions. For the purposes of this section, Captain of the 
Port means the Commanding Officer of the Coast Guard Sector Delaware 
Bay, Coast Guard commissioned, warrant, or petty officer who has been 
authorized by the Captain of the Port to act as a designated 
representative on his behalf.

[CGD05-03-116, 69 FR 46103, Aug. 2, 2004]



Sec. 165.555  Safety Zone; Delaware River.

    (a) Definition. As used in this section, Captain of the Port means 
the Commander of Sector Delaware Bay or any Coast Guard commissioned, 
warrant or petty officer who has been authorized by the Captain of the 
Port to act on his behalf. The Captain of the Port may be contacted by 
telephone at (215) 271-4807 or via VHF marine band radio, channel 16.
    (b) Location. The following area is a safety zone: All waters 
located within a 150-yard radius around the dredging operation and 
barge, conducting dredging operations in or near the Marcus Hook Range 
in the vicinity of Anchorage 7.
    (c) Enforcement. This safety zone will be enforced annually 
beginning on September 1 through December 31.
    (d) Regulations. (1) All persons are required to comply with the 
general regulations governing safety zones in 33 CFR 165.23 of this 
part.
    (2) All Coast Guard vessels enforcing this safety zone or watch 
officers aboard the Dredge and Barge can be contacted on VHF marine band 
radio, channel 16. The Captain of the Port may be contacted by telephone 
at (215) 271-4807 or via VHF marine band radio, channel 16.

[CGD05-04-035, 70 FR 40887, July 15, 2005]



Sec. 165.556  Regulated Navigation Area; Chesapeake and Delaware Canal, 

Chesapeake City Anchorage Basin, MD.

    (a) Location. The following area is a regulated navigation area: All 
waters of the Chesapeake and Delaware (C & D) Canal within the anchorage 
basin at Chesapeake City, Maryland, bounded by a line drawn across the 
entrance to the basin from position latitude 39[deg]31[min]39.6[sec] N, 
longitude 075[deg]48[min]36.5[sec] W, to position latitude 
39[deg]31[min]40.6[sec] N, longitude 075[deg]48[min]43.3[sec] W. All 
coordinates refer to NAD 1983.
    (b) Definitions. For the purposes of this section:
    District Commander means the Commander, Fifth Coast Guard District 
or any Coast Guard commissioned, warrant, or petty officer who has been 
authorized by the Commander, Fifth Coast Guard District, to act on his 
or her behalf, or his or her designated representative.
    (c) Regulations. The general regulations governing regulated 
navigation areas, found in 33 CFR 165.13, apply to the regulated 
navigation area described in paragraph (a) of this section.
    (1) All vessels and persons are prohibited from entering and 
accessing this regulated navigation area, except as authorized by the 
District Commander or his or her designated representative.
    (2) Persons or vessels requiring entry into or passage within the 
regulated navigation area must request authorization from the District 
Commander or his or her designated representative, by telephone at (410) 
576-2693 or by marine band radio on VHF-FM Channel 16 (156.8 MHz), from 
12:01 a.m. until 11:59 p.m. on the last Saturday in June, annually. All 
Coast Guard vessels enforcing this regulated navigation area can be 
contacted on marine band radio VHF-FM Channel 16 (156.8 MHz).
    (3) The operator of any vessel entering or located within this 
regulated navigation area shall:
    (i) Travel at no-wake speed,
    (ii) Stop the vessel immediately upon being directed to do so by any 
commissioned, warrant or petty officer on board a vessel displaying a 
Coast Guard Ensign, and
    (iii) Proceed as directed by any commissioned, warrant or petty 
officer on

[[Page 685]]

board a vessel displaying a Coast Guard Ensign.
    (4) All vessels and persons within this regulated navigation area 
must comply with any additional instructions of the District Commander 
or the designated representative.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the regulated navigation area by any Federal, State, 
and local agencies.
    (e) Enforcement period. This section will be enforced from 12:01 
a.m. until 11:59 p.m. on the last Saturday in June, annually.

[USCG-2008-1119, 74 FR 28611, June 17, 2009]

                      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 following 
boundaries are a security zone--The perimeter of the Cape Canaveral 
Barge Canal and the Banana River at 28[deg]24[min]33[sec] N., 
80[deg]39[min]48[sec] W.; then due west along the northern shoreline of 
the barge canal for 1,300 yards; then due north to 28[deg]28[min]42[sec] 
N., 80[deg]40[min]30[sec] W., on Merritt Island. From this position, the 
line proceeds irregularly to the eastern shoreline of the Indian River 
to a position 1,300 yards south of the NASA Causeway at 
28[deg]30[min]54[sec] N., 80[deg]43[min]42[sec] W. (the line from the 
barge canal to the eastern shoreline of the Indian River is marked by a 
three-strand barbed-wire fence), then north along the shoreline of the 
Indian River to the NASA Causeway at 28[deg]31[min]30[sec] N., 
80[deg]43[min]48[sec] W. The line continues west on the southern 
shoreline of the NASA Causeway to NASA Gate 3 (permanent), then north to 
the northern shoreline of the NASA Causeway and east on the northern 
shoreline of the causeway back to the shoreline on Merritt Island at 
position 28[deg]31[min]36[sec] N., 80[deg]43[min]42[sec] W., then 
northwest along the shoreline to 28[deg]41[min]01.2[sec] N., 
80[deg]47[min]10.2[sec] W. (Blackpoint); then due north to channel 
marker 6 on the Intracoastal Waterway (ICW), then northeast 
along the southern edge of the ICW to the western entrance to the 
Haulover Canal. From this point, the line continues northeast along the 
southern edge of the Haulover Canal to the eastern entrance to the 
canal; then due east to a point in the Atlantic Ocean 3 miles offshore 
at 28[deg]44[min]42[sec] N., 80[deg]37[min]51[sec] W.; then south along 
a line 3 miles from the coast to Wreck Buoy ``WR6'', then to Port 
Canaveral Channel Lighted Buoy 10, then west along the northern edge of 
the Port Canaveral Channel to the northeast corner of the intersection 
of the Cape Canaveral Barge Canal and the ICW in the Banana River at 
28[deg]24[min]36[sec] N., 80[deg]38[min]42[sec] W. The line continues 
north along the east side of the Intracoastal Waterway to daymarker `35' 
thence North Westerly one quarter of a mile south of NASA Causeway East 
(Orsino Causeway) to the shoreline on Merritt Island at position 
28[deg]30.95[min] N., 80[deg]37.6[min] W., then south along the 
shoreline to the starting point.
    (b) The area described in paragraph (a) of this section is closed to 
all vessels and persons, except those vessels and persons authorized by 
the Commander, Seventh Coast Guard District, or the COTP Jacksonville, 
Florida, whenever space vehicles are to be launched by the United States 
Government from Cape Canaveral.
    (c) COTP Jacksonville, Florida, closes the security zone, or 
specific portions of it, by means of locally promulgated notices. The 
closing of the area is signified by the display of a red ball from a 90-
foot pole near the shoreline at approximately 28[deg]35[min]00[sec] N., 
80[deg]34[min]36[sec] W., and from a 90-foot pole near the shoreline at 
approximately 28[deg]25[min]18[sec] N., 80[deg]35[min]00[sec] W. 
Appropriate Local Notices to Mariners will also be broadcast on 2670 
KHZ.

[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD 7-82-10, 48 FR 
11696, Mar. 21, 1983; USCG-1998-3799, 63 FR 35532, June 30, 1998]



Sec. 165.703  Tampa Bay, Florida--Safety Zone.

    (a) A floating safety zone is established consisting of an area 1000 
yards fore and aft of a loaded anhydrous ammonia vessel and the width of 
the channel in the following areas:
    (1) For inbound tank vessels loaded with anhydrous ammonia, Tampa 
Bay Cut ``F'' Channel from Lighted Buoys ``3F'' and ``4F'' north through 
and including Gadsden Point Cut Lighted

[[Page 686]]

Buoy ``3'' and commencing at Gadsden Point Cut Lighted Buoys ``7'' and 
``8'' north and including Hillsborough Cut ``C'' Channel.
    (i) For vessels bound for R. E. Knight Pier at Hookers Point the 
safety zone includes, in addition to the area in paragraph (a)(1) of 
this section, Hillsborough Cut ``D'' Channel to the southern tip of 
Harbor Island.
    (ii) For vessels bound for the anhydrous ammonia receiving terminals 
to Port Sutton the safety zone includes, in addition to the area in 
paragraph (a)(1) of this section, Port Sutton Channel.
    (2) For outbound tank vessels loaded with anhydrous ammonia the 
safety zone is established when the vessel departs the receiving 
terminal and continues through the area described in paragraph (a)(1) of 
this section.
    (3) The floating safety zone is disestablished when the anhydrous 
ammonia carrier is safely moored at the anhydrous ammonia receiving 
facility.
    (b) All vessels over 5000 gross tons intending to pass anhydrous 
ammonia vessels moored in Port Sutton, and all vessels intending to moor 
in the R. E. Knight facilities at Hookers Point while an anhydrous 
ammonia vessel is moored in this facility, must give 30 minutes notice 
to the anhydrous ammonia vessel so it may take appropriate safety 
precautions.
    (c) The general regulations governing safety zones contained in 
Sec. 165.23 apply.
    (d) The Sector St. Petersburg will notify the maritime community of 
periods during which these safety zones will be in effect by providing 
advance notice of scheduled arrivals and departures of loaded anhydrous 
ammonia vessels via a marine broadcast Notice to Mariners.
    (e) Should the actual time of entry of the anhydrous ammonia vessel 
into the safety zone vary more than one half hour from the scheduled 
time stated in the broadcast Notice to Mariners, the person directing 
the movement of the anhydrous ammonia vessel shall obtain permission 
from Captain of the Port Tampa before commencing the transit.
    (f) Prior to commencing the movement, the person directing the 
movement of the anhydrous ammonia vessel shall make a security broadcast 
to advise mariners of the intended transit. All additional security 
broadcasts as recommended by the U.S. Coast Pilot 5, ATLANTIC COAST 
shall be made through the transit.
    (g) Vessels carrying anhydrous ammonia are permitted to enter and 
transit Tampa and Hillsborough Bay and approaches only with a minimum of 
three miles visibility.
    (h) The Captain of the Port Tampa may waive any of the requirements 
of this subpart for any vessel upon finding that the vessel or class of 
vessel, operational conditions, or other circumstances are such that 
application of this subpart is unnecessary or impractical for purposes 
of port safety or environmental safety.
    (i) The owner, master, agent or person in charge of a vessel or 
barge, loaded with anhydrous ammonia shall report the following 
information to the Captain of the Port, Tampa at least twenty-four hours 
before entering Tampa Bay or its approaches or departing from Tampa Bay:
    (1) Name and country of registry of the vessel or barge;
    (2) The name of the port or place of departure;
    (3) The name of the port or place of destination:
    (4) The estimated time that the vessel is expected to begin its 
transit of Tampa Bay and the time it is expected to commence its transit 
of the safety zone.
    (5) The cargo carried and amount.

[CGD7-85-32, 51 FR 28382, Aug. 7, 1986 as amended by CGD07-87-07, 52 FR 
31763, Aug. 24, 1987; 65 FR 9221, Feb. 24, 2000]



Sec. 165.704  Safety Zone; Tampa Bay, Florida.

    (a) A floating safety zone is established consisting of an area 1000 
yards fore and aft of a loaded Liquefied Petroleum Gas (LPG) vessel and 
the width of the channel in the following areas. Any vessels desiring to 
enter the safety zone must obtain authorization from the Captain of the 
Port St. Petersburg.
    (1) For vessels loaded with LPG and bound for the LPG receiving 
terminal in Port Sutton the safety zone starts at Tampa Bay Cut ``F'' 
Channel from

[[Page 687]]

Lighted Buoys ``3F'' and ``4F'' and proceeds north ending at Gadsden 
Point Cut Lighted Buoys ``3'' and ``4''. The safety zone starts again at 
Gadsden Point Cut Lighted Buoys ``7'' and ``8'' and proceeds north 
through Hillsborough Cut ``C'', Port Sutton Entrance Channel, and ends 
at the Port Sutton LPG facility.
    (2) For vessels loaded with LPG and bound for the LPG receiving 
terminal in Rattlesnake the safety zone starts at Tampa Bay Cut ``J'' 
Channel from lighted buoy ``10J'' and proceeds north through Tampa Bay 
Cut ``K'' Channel to buoy ``11K.'' When a loaded LPG vessel departs the 
marked channel at Tampa Bay Cut ``K'' buoy ``11K'' enroute to 
Rattlesnake, Tampa, FL, the floating safety zone extends 500 yards in 
all directions surrounding the loaded LPG vessel, until it arrives at 
the entrance to Rattlesnake. While the loaded LPG vessel is maneuvering 
in the Rattlesnake slip and until it is safely moored at the LPG 
facility, the floating safety zone extends 150 feet fore and aft of the 
loaded LPG vessel and the width of the slip. Moored vessels are allowed 
within the parameters of the 150-foot safety zone.
    (b) The floating safety zone is disestablished when the LPG carrier 
is safely moored at the LPG receiving facility.
    (c) For outbound tank vessels loaded with LPG, the safety zone is 
established when the vessel departs the terminal and continues through 
the area described in paragraph (a) of this section.
    (d) All vessels over 5000 gross tons intending to pass LPG vessels 
moored in Port Sutton, and all vessels intending to pass LPG vessels 
moored in Rattlesnake, must give 30 minutes notice to the LPG vessel so 
it may take appropriate safety precautions.
    (e) The general regulations governing safety zones contained in 
Sec. 165.23 apply.
    (f) The Coast Guard Captain of the Port St. Petersburg will notify 
the maritime community of periods during which these safety zones will 
be in effect by providing advance notice of scheduled arrivals and 
departures of loaded LPG vessels via a marine broadcast Notice to 
Mariners.
    (g) Should the actual time of entry of the LPG vessel into the 
safety zone vary more than one half (\1/2\) hour from the scheduled time 
stated in the broadcast Notice to Mariners, the person directing the 
movement of the LPG vessel shall obtain permission from Captain of the 
Port St. Petersburg before commencing the transit.
    (h) Prior to commencing the movement, the person directing the 
movement of the LPG vessel shall make a security broadcast to advise 
mariners of the intended transit. All additional security broadcasts as 
recommended by the U.S. Coast Pilot 5, ATLANTIC COAST, shall be made 
throughout the transit.
    (i) Vessels carrying LPG are permitted to enter and transit Tampa 
Bay and Hillsborough Bay and approaches only with a minimum of three 
miles visibility.
    (j) The Captain of the Port St. Petersburg may waive any of the 
requirements of this subpart for any vessel upon finding that the vessel 
or class of vessel, operational conditions, or other circumstances are 
such that application of this subpart is unnecessary or impractical for 
purposes of port safety or environmental safety.
    (k) The owner, master, agent or person in charge of a vessel or 
barge, loaded with LPG shall report, at a minimum, the following 
information to the Captain of the Port St. Petersburg at least twenty-
four (24) hours before entering Tampa Bay, its approaches, or departing 
Tampa Bay:
    (1) The name and country of registry of the vessel or barge;
    (2) The name of the port or place of departure;
    (3) The name of the port or place of destination;
    (4) The estimated time that the vessel is expected to begin its 
transit of Tampa Bay and the time it is expected to commence its transit 
of the safety zone(s); and
    (5) The cargo carried and amount.

[COTP Tampa 00-054, 66 FR 14489, Mar. 13, 2001]



Sec. 165.T0704  Safety Zone: Savannah River, Savannah, Georgia.

    (a) Location. The following area is a safety zone: Two hundred foot 
radius

[[Page 688]]

around Garden City Terminal, approximate position 32 degrees 8 minutes, 
N, 81 degrees 9.5 minutes W, and around all cargo ships loaded with 
military equipment and transiting the Savannah River.
    (b) Effective dates. This regulation becomes effective at 12 p.m. 14 
December 1990 until terminated by the Captain of the Port, Savannah, GA.
    (c) Regulation. In accordance with the general regulations in Sec. 
165.23 of this part, entry into the zone is subject to the following 
requirements.
    (1) All persons and vessels in the vicinity of the safety zone shall 
immediately obey any direction or order of the Captain of the Port or a 
representative of the Captain of the Port.
    (2) The ``representative of the Captain of the Port'' is any Coast 
Guard commissioned, warrant or petty officer who has been designated by 
the Captain of the Port, Savannah, GA to act on his behalf. A 
representative of the Captain of the Port may be contacted on board any 
Coast Guard vessel assigned to enforce the safety zone.
    (3) Before entering the safety zone, a vessel operator shall contact 
the Captain of the Port or a representative of the Captain of the Port 
to determine what restrictions, if any, have been imposed on vessels in 
the safety zone. The Captain of the Port may be contacted by telephone 
via the Command Duty Officer at (912) 944-4371. Coast Guard vessels 
assisting in the enforcement of the safety zone may be contacted on VHF-
FM channels 13 or 16, or vessel operators may determine restrictions in 
effect for the safety zone by coming alongside a Coast Guard vessel 
patrolling the perimeter of the safety zone.
    (4) The Captain of the Port will issue a Marine Safety Information 
Broadcast Notice to Mariners to Notify the maritime community of the 
safety zone and restrictions imposed.

[Reg. 90-129, 55 FR 52272, Dec. 21, 1990]

    Effective Date Note: At 55 FR 52272, Dec. 21, 1990, Sec. 165.T0704 
was added. This is an emergency temporary rule and will remain in effect 
until terminated by the Captain of the Port Savannah, GA.



Sec. 165.705  Port Canaveral Harbor, Cape Canaveral, Florida.

    (a) Security Zone A--East (Trident) Basin, Port Canaveral Harbor, at 
Cape Canaveral Air Force Station, Brevard County, Florida. All waters of 
the East Basin north of latitude 28[deg]24[min]36[sec] N.
    (b) Security Zone B--Middle Basin, Port Canaveral Harbor, adjacent 
to the Navy wharf at Cape Canaveral Air Force Station, Brevard County, 
Florida. The waters of Port Canaveral Harbor within a line 
circumscribing the water approaches to the Navy wharf along the 
northeasterly edge of the Port Canaveral Harbor turning basin at a 
distance of 200 feet from all portions of the wharf including the 
dolphins located 200 feet off the northwest end and 75 feet off the 
southeast end of the wharf.
    (c) Entrance into these zones by vessels other than vessels owned or 
leased by the United States is prohibited without permission of the 
Captain of the Port, Jacksonville, Florida.
    (d) The general regulations governing security zones contained in 33 
CFR 165.33 apply.

[CGD7 87-38, 53 FR 38718, Oct. 3, 1988; CGD7 87-38, 54 FR 611, Jan. 9, 
1989; CGD7 89-21, 54 FR 26198, June 22, 1989]



Sec. 165.708  Safety/Security Zone; Charleston Harbor and Cooper River, 

Charleston, SC.

    (a) Regulated area. The following boundaries are established as a 
safety and security zone during specified conditions:
    (1) All waters 200 yards ahead and astern and 100 yards to each side 
of a vessel transporting nuclear materials while the vessel transits 
from Charleston Harbor Entrance Buoy ``C'' (LLNR 1885, position 32-
39.6N, 079-40.9W) to the Charleston Naval Weapons Station (position 32-
55.4N, 079-56.0W) on the Cooper River. All coordinates referenced use 
datum: NAD 1983.
    (2) All waters within 100 yards of the vessel described in paragraph 
(a)(1) of this section while the vessel is conducting cargo operations 
at the Charleston Naval Weapons Station.
    (b) Captain of the Port Charleston will announce the activation of 
the safety/security zones described in paragraph (a) of this section by 
Broadcast

[[Page 689]]

Notice to Mariners. The general regulations governing safety and 
security zones contained in Sec. Sec. 165.23 and 165.33 apply.

[COTP Charleston 96-034, 61 FR 68156, Dec. 27, 1996]



Sec. 165.709  Security Zone; Charleston Harbor, Cooper River, South Carolina.

    (a) Regulated area. The Coast Guard is establishing a fixed security 
zone on all waters of the Cooper River, bank-to-bank and surface to 
bottom, from the Don Holt I-526 Bridge to the intersection of Foster 
Creek at a line on 32 degrees 58 minutes North Latitude.
    (b) Enforcement period. This section will be enforced when security 
assets are on scene and Sector Charleston has notified the maritime 
community that an Enforcement Period is in effect. Sector Charleston 
will notify the maritime community by broadcast notice to mariners on 
VHF Marine Band Radio, Channel 16 (156.8 MHz), or Marine Safety 
Information Bulletins, or actual notice from on scene security assets 
enforcing the security zone.
    (c) Regulations. During enforcement of the security zone described 
in paragraph (a) of this section, vessels or persons are prohibited from 
entering, transiting, mooring, anchoring, or loitering within the 
security zone unless authorized by the Captain of the Port Charleston, 
South Carolina or his or her designated representative.
    (1) Persons desiring to transit the Regulated Area may contact the 
Captain 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, all 
persons and vessels must comply with the instructions of the Captain of 
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 in the 
following area:
    (1) The waters around naval aircraft carriers entering Port 
Everglades in an area 700 yards forward, 500 yards astern and 350 yards 
on either side of each vessel, beginning at the Port Everglades Sea Buoy 
in approximate position 26[deg]05.5[min] N, 80[deg]04.8[min] W and 
continuing until the vessel is safely moored in approximate position 
26[deg]04.9[min] N, 80[deg]06.9[min] W. All coordinates referenced use 
datum: NAD 83.
    (2) The waters around naval aircraft carriers departing Port 
Everglades in an area 700 yards forward, 500 yards astern and 350 yards 
on either side of each vessel beginning at the Pier in approximate 
position 26[deg]04.9[min]N, 80[deg]06.9[min]W, and continuing until the 
stern passes the Port Everglades Sea Buoy, in approximate position 
26[deg]05.5[min] N, 80[deg]04.8[min] W. All coordinates referenced use 
datum: NAD 83.
    (b) Regulations. (1) No person or vessel may enter, transit, or 
remain in the safety zone unless authorized by the Captain of the Port, 
Miami, Florida, or a Coast Guard commissioned, warrant, or petty officer 
designated by him.
    (2) Vessels encountering emergencies which require transit through 
the moving safety zone should contact the Coast Guard patrol craft on 
VHF Channel 16. In the event of an emergency, the Coast Guard patrol 
craft may authorize a vessel to transit through the safety zone with a 
Coast Guard designated escort.
    (3) All persons and vessels shall comply with the instructions of 
on-scene patrol personnel. On-scene patrol personnel include 
commissioned, warrant, or petty officers of the U.S. Coast Guard. Coast 
Guard Auxiliary and local or state officials may be present to inform 
vessel operators of this regulation and other applicable laws.

[COTP MIAMI 96-054, 62 FR 32201, June 13, 1997]



Sec. 165.714  Regulated Navigation Area; Atlantic Ocean, Charleston, SC.

    (a) Location. The following area is a Regulated Navigation Area: A 
trapezoid at the water surface, and the entire water column from surface 
to seabed inclusive of the vessel, bounded by the following four 
coordinates:

------------------------------------------------------------------------
                                    Latitude              Longitude
------------------------------------------------------------------------
Western boundary............  32[deg]42[min]56[sec  79[deg]47[min]34[sec
                               ] N                   ] W

[[Page 690]]

 
Southern boundary...........  32[deg]42[min]32[sec  79[deg]46[min]42[sec
                               ] N                   ] W
Eastern boundary............  32[deg]43[min]26[sec  79[deg]45[min]27[sec
                               ] N                   ] W
Northern boundary...........  32[deg]43[min]56[sec  79[deg]46[min]08[sec
                               ] N                   ] W
------------------------------------------------------------------------

    (NAD 83)
    (b) Regulations. In accordance with the general regulations in Sec. 
165.23 of this part, all vessels and persons are prohibited from 
anchoring, diving, laying cable or conducting salvage operations in this 
zone except as authorized by the Captain of the Port.

[CGD 07-95-054, 60 FR 45047, Aug. 30, 1995]



Sec. 165.720  Safety/Security Zone: St. Johns River, Jacksonville, FL.

    (a) Location. The water and the land within the following boundaries 
are established as a safety and security zone during specified 
conditions:
    (1) All waters within 200 yards of Blount Island, Jacksonville, 
Florida and all adjacent land within 100 yards of the island shoreline 
during staging of Department of Defense equipment and during the 
loading/unloading of military supply vessels.
    (2) All waters within 200 yards of ``any'' waterfront facility at 
which a laden military vessel is located and all land at the facility, 
including docks and piers, within 100 yards of the St. Johns River.
    (3) All waters within 200 yards of any specified military supply 
vessel during its transit of the St. Johns River and out to three (3) 
nautical miles offshore.
    (b) Regulations. (1) For public notice, the zone described in 
paragraph (a)(1) of this section is effective beginning 11 December 1990 
and will remain in force until cancelled by the Captain of the Port 
Jacksonville, Florida.
    (2) The COTP Jacksonville may activate, as necessary, any portion of 
the safety/security zone described in paragraphs (a)(2) and (a)(3) of 
this section by means of locally promulgated broadcast notice to 
mariners. Once implemented, neither overtaking nor meeting situations 
will be allowed during specified vessel transits.
    (3) In accordance with the general regulations governing safety and 
security zones contained in 33 CFR 165.23 and 165.33 of this part, entry 
into any portion of the described zone is prohibited unless authorized 
by the Captain of the Port Jacksonville, Florida.
    (4) This regulation does not apply to authorized law enforcement 
agencies operating within the safety/security zone.

[COTP Jacksonville, FL Reg. 90-124, 55 FR 51700, Dec. 17, 1990]



Sec. 165.721  Safety Zone: St. Johns River, Jacksonville, FL.

    (a) Location. The following area is established as a safety zone 
during the specified conditions: The waters within a 500 yard radius of 
the fireworks barge or barges during the storage, preparation, and 
launching of fireworks in the St. Johns River between the Hart and 
Acosta Bridges.
    (b) Effective dates. This section becomes effective upon activation 
by the Captain of the Port by the broadcasting of a local Notice to 
Mariners on appropriate VHF-FM radio frequencies. It terminates at the 
conclusion of the fireworks display unless terminated earlier by the 
Captain of the Port.
    (c) Regulations. (1) In accordance with the general regulations in 
165.23 of this part, anchoring, mooring or transiting in this zone is 
prohibited unless authorized by the Captain of the Port or District 
Commander.
    (2) This regulation does not apply to authorized law enforcement 
agencies operating within the Safety Zone.

[COTP Jacksonville Reg. 94-027, 59 FR 55584, Nov. 8, 1994]



Sec. 165.722  Security Zone: St. Johns River, Jacksonville, Florida.

    (a) Location. The water located within the following area is 
established as a security zone: beginning at the shoreline of the St. 
Johns River at the northernmost property line of Naval Air Station 
Jacksonville next to Timuquana Country Club, at 30[deg]14[min]39.5[sec] 
N, 81[deg]40[min]45[sec] W; thence northeasterly to 
30[deg]14[min]42[sec] N, 81[deg]40[min]42[sec] W; thence south remaining 
400 feet from the shoreline at mean high water; thence past Piney Point 
and Black Point to the northern edge of Mulberry Cover Manatee refuge, 
400 feet from Naval Air Station Jacksonville boat ramp, at 
30[deg]13[min]00[sec] N, 81[deg]40[min]23.5[sec] W; thence southwesterly 
in a

[[Page 691]]

straight line to position 30[deg]12[min]14[sec] N, 81[deg]40[min]42[sec] 
W; thence southerly, remaining 400[min] seaward of the mean high water 
shoreline to 30[deg]11[min]40[sec] N, 81[deg]41[min]15.5[sec] W; thence 
northwest to the point at the end of the property line of Naval Air 
Station Jacksonville just north of the Buckman Bridge at position 
30[deg]11[min]42.30[sec] N, 81[deg]41[min]23.66[sec] W; thence 
northeasterly along the mean high water shoreline of the St. Johns River 
and Mulberry Cove to the point of beginning. Datum: NAD 83
    (b) In accordance with the general regulations in Sec. 165.33 of 
this part, no person or vessel may enter or remain in the zone without 
the permission of the Captain of the Port Jacksonville, Florida. All 
other portions of Sec. 165.33 remain applicable.
    (c) This regulation does not apply to Coast Guard vessels and 
authorized law enforcement vessels operating within the Security Zone.

[COTP Jacksonville Reg. 93-115, 60 FR 65571, Dec. 20, 1995]



Sec. 165.726  Regulated Navigation Areas; Miami River, Miami, Florida.

    (a) Location. The following are Regulated Navigation Areas:
    (1) All the waters of the Miami River, Miami, Florida, from the 
Brickell Avenue Bridge, in approximate position 25[deg]46[min]19[sec] N, 
80[deg]11[min]4[sec] W, inland to the South Florida Water Management 
District's salinity dam in approximate position 25[deg]48[min]4[sec] N, 
80[deg]15[min]6[sec] W.
    (2) The Tamiami Canal from its intersection with the Miami river in 
approximate position 25[deg]47[min]7[sec] N, 80[deg]14[min]7[sec] W to 
the N.W. 37th Avenue bridge in approximate position 25[deg]48[min]5[sec] 
N, 80[deg]15[min]5[sec] W. All coordinates referenced use datum: NAD 83.
    (b) Regulations. The restrictions in this paragraph apply to vessels 
operating within the regulated navigation areas in paragraph (a) of this 
section unless authorized to deviate by the Captain of the Port, Miami, 
Florida, or a Coast Guard commissioned, warrant, or petty officer 
designated by him.
    (1) All rafted vessels (inboard and outboard) must be properly 
moored in accordance with applicable municipal laws and regulations.
    (2) At no time shall any vessels be rafted more than two abreast.
    (3) Neither single nor rafted vessels shall extend greater than 54 
feet into the main river (measured from the dock) without permission of 
the Captain of the Port.
    (4) A minimum channel width of 65 feet shall be maintained at all 
times on the Miami River from the Brickell Avenue Bridge west to the 
Tamiami Canal. A minimum channel width of 45 feet shall be maintained at 
all times on the Miami River west of the junction of the Miami River and 
the Tamiami Canal to the South Florida Water Management District's 
salinity dam, as well as on the Tamiami Canal from its mouth to the N.W. 
37th Avenue Bridge.
    (5) All moored and rafted vessels shall provide safe access from the 
shore.
    (6) All moored and rafted vessels shall provide clear and ready 
access for land-based firefighters to safely and quickly reach outboard 
rafted vessels.
    (7) No vessels shall moor or raft in any manner as to impede safe 
passage of another vessel to any of the tributaries of the Miami River.
    (8) Nothing in these regulations shall prohibit the U.S. Army Corps 
of Engineers from requiring the relocation or movement of vessels in a 
declared flood emergency.
    (c) Enforcement. Violations of these regulated navigation areas 
should be reported to the Captain of the Port, Miami. Persons in 
violation of these regulations will be subject to civil penalty under 
Sec. 165.13(b) of this part.

[CGD07-97-019, 62 FR 50512, Sept. 26, 1997]



Sec. 165.728  Jacksonville, Florida--safety zones.

    (a) The water, land, and land and water within the following 
boundaries are established as safety zones during the specified 
conditions:
    (1) Zone A. 200 yards in all directions around any specified 
Maritime Prepositioned Ship as it transits between the St. Johns River 
entrance sea buoy (STJ) and its berth inside the Mayport Basin (Ribault 
Bay), Mayport, Florida. The prescribed safety zone will also be in 
effect as the vessel transits to its berth at Blount Island Marine 
Terminal, Jacksonville, Florida.
    (2) Zone B. 100 yards in all directions on land and 200 yards on 
water from

[[Page 692]]

the eastern end of Transit Shed 2 to the east shore of 
Alligator Creek at Blount Island Terminal, Jacksonville, Florida.
    (3) Zone C: 100 yards in all directions on land from Gate berth 
1 and all waters within the Back River (locally known as the 
Gate Slip) on Blount Island, Jacksonville, Florida, commencing from a 
line drawn between the southwesterly most shore point latitude 
30[deg]23[min]34[sec], longitude 81[deg]30[min]52[sec] and the 
southeasterly most shore point latitude 30[deg]23[min]38[sec], longitude 
81[deg]30[min]36[sec].
    (b) The areas described in paragraph (a) of this section may be 
closed to all vessels and persons, except those vessels and persons 
authorized by the Commander, Seventh Coast Guard District or the Captain 
of the Port, Jacksonville, Florida, whenever specified Maritime 
Prepositioned Ships are transiting the St. Johns River (Zone A), moored 
at Blount Island (Zone B), or moored at Gate Terminal (Zone C).
    (c) The general regulations governing safety zones contained in 33 
CFR 165.23 apply.
    (d) The Captain of the Port Jacksonville, Florida will activate the 
safety zones or specific portions of them by issuing a local broadcast 
notice to mariners. The closing of the area at Blount Island, described 
above, will be signified by the display of a rotating yellow light 
located on the waterfront at Blount Island Marine Terminal or at the 
Gate Terminal Berth 1.

[CGD7 87-15, 52 FR 23442, June 22, 1987, as amended by CGD7 91-33, 56 FR 
22826, May 17, 1991]



Sec. 165.729  Jacksonville Harbor, Florida--security zone.

    (a) The water, land, and land and water within the following 
boundaries are established as security zones during the specified 
conditions:
    (1) Zone A. 200 yards in all directions around any specified 
Maritime Prepositioned Ship as it transits between the St. Johns River 
entrance sea buoy (STJ) and its berth inside the Mayport Naval Basin 
(Ribault Bay), Mayport, Florida. The prescribed security zone will also 
be in effect as the vessel transits to its berth at Blount Island Marine 
Terminal, Jacksonville, Florida.
    (2) Zone B. 100 yards in all directions on land and 200 yards on 
water from the eastern end of Transit Shed 2 to the east shore 
of Alligator Creek at Blount Island Terminal, Jacksonville, Florida.
    (3) Zone C: 100 yards in all directions on land from Gate berth 
1 and all waters within the Back River (locally known as the 
Gate Slip) on Blount Island, Jacksonville, Florida, commencing from a 
line drawn between the southwesterly most shore point latitude 
30[deg]23[min]34[sec], longitude 81[deg]30[min]52[sec] and the 
southeasterly most shore point latitude 30[deg]23[min]38[sec], longitude 
81[deg]30[min]36[sec].
    (b) The areas described in paragraph (a) of this section shall be 
closed to all vessels and persons, except those vessels and persons 
authorized by the Commander, Seventh Coast Guard District or the Captain 
of the Port, Jacksonville, Florida, whenever specified Maritime 
Prepositioned Ships are transiting the St. Johns River (Zone A), moored 
at Blount Island (Zone B), or moored at Gate Terminal (Zone C).
    (c) The general regulations governing security zones contained in 33 
CFR 165.33 apply.
    (d) The Captain of the Port Jacksonville, Florida will activate the 
security zones or specific portions of them by issuing a local broadcast 
notice to mariners. The closing of the area at Blount Island, described 
above, will be signified by the display of a rotating yellow light 
located on the waterfront at Blount Island Marine Terminal or at the 
Gate Terminal Berth 1.

[CGD7 87-16, 52 FR 23443, June 22, 1987, as amended by CGD7 91-34, 56 FR 
22827, May 17, 1991]



Sec. 165.730  King's Bay, Georgia--Regulated navigation area.

    Vessels transiting in the water bounded by the line connecting the 
following points must travel no faster than needed for steerageway:

Latitude                             Longtitude
30[deg]48[min]00.0[sec] N            081[deg]29[min]24.0[sec] W
30[deg]46[min]19.5[sec] N            081[deg]29[min]17.0[sec] W
30[deg]47[min]35.0[sec] N            081[deg]30[min]16.5[sec] W
and thence to the point of beginning
 


[CGD7 92-41, 58 FR 38057, July 15, 1993]

[[Page 693]]



Sec. 165.731  Safety/Security Zone: Cumberland Sound, Georgia and St. Marys 

River Entrance Channel.

    (a) Location. A permanent safety/security zone is established within 
the following coordinates, the area enclosed by a line starting at 
30[deg]44[min]55[sec] N, 081[deg]29[min]39[sec] W; thence to 
30[deg]44[min]55[sec] N, 081[deg]29[min]18[sec] W; thence 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 of origin.
    (b) A temporary safety/security zone, when activated by the Captain 
of the Port, Jacksonville, Florida, encompasses all waters and land from 
bank to bank within Cumberland Sound and the St. Marys Entrance Channel: 
the northern extent of this zone starts at the southern tip of Crab 
Island; lighted buoy number ``1'' at the mouth of the Amelia River 
demarks the southern boundary; day marker number ``2'' at the mouth of 
the St. Marys River indicates the western boundary; and the eastern 
boundary extends out to three (3) nautical miles in the Atlantic Ocean, 
with the zone also encompassing the waters within 1000 yards of the 
entrance channel east of the jetties.
    (c) Regulations. (1) The Captain of the Port, Jacksonville, Florida 
will activate the temporary safety/security zone described in paragraph 
(b) of this section by issuing a local broadcast notice to mariners.
    (2) All persons and vessels in the vicinity of the safety/security 
zone shall immediately obey any direction or order of the Captain of the 
Port, Jacksonville, Florida.
    (3) The general regulations governing safety and security zones 
contained in 33 CFR 165.23 and .33 apply. No person or vessel may enter 
or remain within the designated zones without the permission of the 
Captain of the Port, Jacksonville, Florida.
    (4) This regulation does not apply to persons or vessels operating 
under the authority of the United States Navy nor to authorized law 
enforcement agencies.

[COTP Jacksonville Reg. 90-94, 55 FR 42374, Oct. 19, 1990]



Sec. 165.749  Security Zone: Escorted Vessels, Savannah, Georgia, Captain of 

the Port Zone.

    (a) Definitions. The following definitions apply to this section:
    COTP means Captain of the Port Savannah, GA.
    Designated representatives means Coast Guard Patrol Commanders 
including Coast Guard coxswains, petty officers and other officers 
operating Coast Guard vessels, and Federal, State, and local officers 
designated by or assisting the COTP, in the enforcement 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 one or more Coast 
Guard assets or other Federal, State or local law enforcement agency 
assets clearly identifiable by lights, vessel markings, or with agency 
insignia as listed below:
    (1) Coast Guard surface or air asset displaying the Coast Guard 
insignia.
    (2) State and/or local law enforcement asset displaying the 
applicable agency markings and/or equipment associated with the agency.
    (3) When escorted vessels are moored, dayboards or other visual 
indications such as lights or buoys may be used. In all cases, broadcast 
notice to mariners will be issued to advise mariners of these 
restrictions.
    Minimum safe speed means the speed at which a vessel proceeds when 
it is fully off plane, completely settled in the water and not creating 
excessive wake. Due to the different speeds at which vessels of 
different sizes and configurations may travel while in compliance with 
this definition, no specific speed is assigned to minimum safe speed. In 
no instance should minimum safe speed be interpreted as a speed less 
than that required for a particular vessel to maintain steerageway. A 
vessel is not proceeding at minimum safe speed if it is:
    (1) On a plane;

[[Page 694]]

    (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 in 33 CFR 2.36, 
within the Captain of the Port Zone, Savannah, Georgia 33 CFR 3.35-15.
    (c) Security zone. A 300-yard security zone is established around 
each escorted vessel within the regulated area described in paragraph 
(b) of this section. This is a moving security zone when the escorted 
vessel is in transit and becomes a fixed zone when the escorted vessel 
is anchored or moored. A security zone will not extend beyond the 
boundary of the regulated area in this section.
    (d) Regulations. (1) The general regulations for security zones 
contained in Sec. 165.33 of this part apply to this section.
    (2) A vessel may request the permission of the COTP Savannah or a 
designated representative to enter the security zone described in 
paragraph (c) of this section. If permitted to enter the security zone, 
a vessel must proceed at the minimum safe speed and must comply with the 
orders of the COTP or a designated representative. No vessel or person 
may enter the inner 50-yard portion of the security zone closest to the 
vessel.
    (e) Notice of security zone. The COTP will inform the public of the 
existence or status of the security zones around escorted vessels in the 
regulated area by Broadcast Notice to Mariners. Coast Guard assets or 
other Federal, State or local law enforcement agency assets will be 
clearly identified by lights, vessel markings, or with agency insignia. 
When escorted vessels are moored, dayboards or other visual indications 
such as lights or buoys may be used.
    (f) Contact information. The COTP Savannah may be reached via phone 
at (912) 652-4353. Any on scene Coast Guard or designated representative 
assets may be reached via VHF-FM channel 16.

[USCG-2007-0157, 73 FR 37837, July 2, 2008]



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 mooring dolphin 
located at approximately 32[deg]05.01[min] North, 080[deg]59.38[min] 
West, to the southeastern most mooring dolphin located at approximately 
32[deg]04.79[min] North, 080[deg]59.35[min] West, and continues west 
along the North and South shoreline of the mooring slip to the shoreline 
of the right descending bank of the Savannah River. All marine traffic 
is prohibited from entering this zone unless authorized by the Captain 
of the Port (COTP).
    (b) Applicability. This section applies to all vessels 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 security 
zone; or
    (4) Actively engaged in escort, maneuvering, or support duties for 
an LNG tankship.
    (c) Regulations. In accordance with the general regulations in Sec. 
165.33 of this part, entry into or movement within this zone is 
prohibited unless authorized by the Captain of the Port Savannah or 
vessels engaged in activities defined in paragraph (b).
    (d) Reporting of violations. Violations of this section should 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 vessels 
from limited water depth in Sparkman Channel caused by an underwater 
pipeline. The regulated navigation area is in Sparkman Channel between 
the lines connecting the following points (referenced in NAD 83):

----------------------------------------------------------------------------------------------------------------
        Latitude                 Longitude                          Latitude                  Longitude
----------------------------------------------------------------------------------------------------------------
1:

[[Page 695]]

 
    27[deg]56[min]20.5[s  082[deg]26[min]42.0[sec       to   27[deg]56[min]19.3[sec  82[deg]26[min]37.5[sec] W
     ec] N.                ] W.                               ] N.
2:
    27[deg]55[min]32.0[s  082[deg]26[min]54.0[sec       to   27[deg]55[min]30.9[sec  82[deg]26[min]49.1[sec] W
     ec] N.                ] W.                               ] N.
----------------------------------------------------------------------------------------------------------------

    (b) Ships requiring Federal or State pilotage shall not meet or 
overtake other like vessels in Sparkman Channel.
    (c) Vessels having a draft of more than 35.5 feet may not transit 
Sparkman Channel.
    (d) Vessels having a draft of 34.5 feet, but not over 35.5 feet, may 
transit Sparkman Channel only when the tide is at least one foot above 
mean low water.
    (e) Vessels with a draft of 30 feet or greater shall transit as near 
as possible to the center of the channel.

[CGD7 90-52, 56 FR 36005, July 30, 1991, as amended by USCG-1998-3799, 
63 FR 35532, June 30, 1998]



Sec. 165.753  Regulated navigation area; Tampa Bay, Florida.

    (a) The following is a regulated navigation area (RNA): All the 
navigable waters of Tampa Bay, Hillsborough Bay and Old Tampa Bay, 
including all navigable waterways tributary thereto. Also included are 
the waters of Egmont Channel, Gulf of Mexico from Tampa Bay to the 
seabuoy, Tampa Lighted Whistle Buoy T, LLNR 18465.
    (b) The master, pilot, or person in charge of any vessel of 50 
meters or greater shall give a Navigational Advisory Broadcast in 
accordance with 47 CFR 80.331 on VHF-FM channel 13 at the following 
broadcast/reporting points:
    (1) Prior to getting underway from any berth or anchorage;
    (2) Prior to entering Egmont Channel from seaward;
    (3) Prior to passing Egmont Key in any direction;
    (4) Prior to transiting the Skyway Bridge in either direction;
    (5) Prior to transiting the intersection of Tampa Bay Cut F Channel, 
Tampa Bay Cut G Channel, and Gadsden Point Cut Channel;
    (6) Prior to anchoring or approaching a berth for docking;
    (7) Prior to tending hawser;
    (8) Prior to transiting Point Pinellas Channel Light 1 in either 
direction.
    (c) Each Navigational Advisory required by this section shall be 
made in the English language and will contain the following information:
    (1) The words ``Hello all vessels, a Navigational Advisory 
follows'';
    (2) Name of vessel;
    (3) If engaged in towing, the nature of the tow;
    (4) Direction of Movement;
    (5) Present location; and,
    (6) The nature of any hazardous conditions as defined by 33 CFR 
160.203.
    (d) Nothing in this section shall supersede either the International 
Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS) or the 
Inland Navigation Rules, as applicable, or relieve the Master or person 
in charge of the vessel of responsibility for the safe navigation of the 
vessel.

[CGD07-94-094, 60 FR 58519, Nov. 28, 1995]



Sec. 165.754  Safety Zone: San Juan Harbor, San Juan, PR.

    (a) Regulated area. A moving safety zone is established in the 
following area:
    (1) The waters around Liquefied Petroleum Gas ships entering San 
Juan Harbor in an area one half mile around each vessel, beginning one 
mile north of the San Juan Harbor 1 Sea Buoy, in approximate 
position 18-29.3N, 66-07.6W and continuing until the vessel is safely 
moored at either the Gulf Refinery Oil dock or the Catano Oil dock in 
approximate position 18-25.8N, 66-06.5W. All coordinates referenced use 
datum: NAD 83.
    (2) The waters around Liquefied Petroleum Gas ships departing San 
Juan Harbor in an area one half mile around each vessel beginning at 
either the Gulf Refinery Oil dock or Catano Oil dock in approximate 
position 18-25.8N, 66-06.5W when the vessel gets underway, and 
continuing until the stern passes the San Juan Harbor 1 Sea 
Buoy, in approximate position 18-28.3N,

[[Page 696]]

66-07.6W. All coordinates referenced use datum: NAD 83.
    (b) Regulations. (1) No person or vessel may enter, transit or 
remain in the safety zone unless authorized by the Captain of the Port, 
San Juan, Puerto Rico, or a designated Coast Guard commissioned, 
warrant, or petty officer.
    (2) Vessels encountering emergencies which require transit through 
the moving safety zone should contact the Coast Guard patrol craft on 
VHF Channel 16. In the event of an emergency, the Coast Guard patrol 
craft may authorize a vessel to transit through the safety zone with a 
Coast Guard designated escort.
    (3) The Captain of the Port and the Duty Officer at Sector San Juan, 
Puerto Rico, can be contacted at telephone number 787-289-2041. The 
Coast Guard Patrol Commander enforcing the safety zone can be contacted 
on VHF-FM channels 16 and 22A.
    (4) Coast Guard Sector San Juan will notify the marine community of 
periods during which these safety zones will be in effect by providing 
advance notice of scheduled arrivals and departures of Liquefied 
Petroleum Gas vessels via a marine broadcast Notice to Mariners.
    (5) Should the actual time of entry of the Liquefied Petroleum Gas 
vessel vary more than one half hour from the scheduled time stated in 
the broadcast Notice to Mariners, the person directing the movement of 
the Liquefied Petroleum Gas vessel shall obtain permission from Captain 
of the Port San Juan before commencing the transit.
    (6) All persons and vessels shall comply with the instructions of 
on-scene patrol personnel. On-scene patrol personnel include 
commissioned, warrant, or petty officers of the U.S. Coast Guard. Coast 
Guard Auxiliary and local or state officials may be present to inform 
vessel operators of the requirements of this section, and other 
applicable laws.

[COTP SAN JUAN 97-045, 63 FR 27681, May 20, 1998, as amended by USCG-
2001-9286, 66 FR 33641, June 25, 2001; 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 the 
specified conditions:
    (1) A 100 yard radius surrounding a vessel carrying Liquefied 
Natural Gas (LNG) while transiting north of Latitude 17[deg]56.0[min] N 
in the waters of the Caribbean Sea, on approach to or departure from the 
Eco-Electrica waterfront facility in Guayanilla Bay, Puerto Rico. The 
safety zone remains in effect until the LNG vessel is docked at the Eco-
Electrica waterfront facility or south of Latitude 17[deg]56.0[min] N.
    (2) The waters within 150 feet of a LNG vessel when the vessel is 
alongside the Eco-Electrica waterfront facility in Guayanilla Bay, at 
position 17[deg]58.55[min] N, 066[deg]45.3[min] W. This safety zone 
remains in effect while the LNG vessel is docked with product aboard or 
is transferring LNG.
    (b) In accordance with the general regulations in 165.23 of this 
part, anchoring, mooring or transiting in these zones is prohibited 
unless authorized by the Coast Guard Captain of the Port.
    (c) Coast Guard Sector San Juan will notify the maritime community 
of periods during which the safety zones will be in effect by providing 
advance notice of scheduled arrivals and departures of LNG vessels via a 
marine broadcast Notice to Mariners.

[COTP San Juan 00-095, 66 FR 16870, Mar. 28, 2001, as amended 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 River between Fort 
Jackson (32[deg]04.93[min] N, 081[deg]02.19[min] W) and the Savannah 
River Channel Entrance Sea Buoy is a regulated navigation area when an 
LNG tankship in excess of heel is transiting the area or moored at the 
LNG facility. All coordinates are North American Datum 1983.
    (b) Definitions. The following definitions apply to this section:
    Bare steerage way means the minimum speed necessary for a ship to 
maintain control over its heading.
    Bollard pull means an industry standard used for rating tug 
capabilities and

[[Page 697]]

is the pulling force imparted by the tug to the towline. It means the 
power that an escort tug can apply to its working line(s) when operating 
in a direct mode.
    Direct mode means a towing technique defined as a method of 
operation by which a towing vessel generates towline forces by thrust 
alone at an angle equal to or nearly equal to the towline, or thrust 
forces applied directly to the escorted vessel's hull.
    Fire Wire means a length of wire rope or chain hung from the bow and 
stern of a vessel in port to allow the vessel to be towed away from the 
pier in case of fire; also called fire warp or emergency towing wire.
    Heel means the minimum quantity of liquefied natural gas (LNG) 
retained in an LNG tankship after unloading at the LNG facility to 
maintain temperature, pressure, and/or prudent operations. A quantity of 
LNG less than five percent (5 %) of the LNG tankship's carrying capacity 
shall be presumed to be heel.
    Indirect mode means a towing technique defined as a method of 
operation by which an escorting towing vessel generates towline forces 
by a combination of thrust and hydrodynamic forces resulting from a 
presentation of the underwater body of the towing vessel at an oblique 
angle to the towline. This method increases the resultant bollard pull, 
thereby arresting and controlling the motion of an escorted vessel.
    LNG tankship means a vessel as described in 46 CFR 154.
    Made-up means physically attached by cable, towline, or other secure 
means in such a way as to be immediately ready to exert force on a 
vessel being escorted.
    Make-up means the act of, or preparations for becoming made-up.
    Operator means the person who owns, operates, or is responsible for 
the operation of a facility or vessel.
    Savannah River Channel Entrance Sea Buoy means the aid to navigation 
labeled R W ``T'' Mo (A) WHIS on the National Oceanic and Atmospheric 
Administration's (NOAA) Nautical Chart 11512.
    Standby means readily available at the facility and equipped to 
provide a ready means of assistance to maintain a safe zone around LNG 
tankships, provide emergency firefighting assistance, and aid the LNG 
tankship in the event of an emergency departure.
    Underway means that a vessel is not at anchor, not made fast to the 
shore, or not aground.
    (c) Applicability. This section applies to all vessels operating 
within the RNA, including naval and other public vessels, except vessels 
that are engaged in the following operations:
    (1) Law enforcement, 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 for 
an LNG tankship.
    (d) Regulations--(1) Requirements for vessel operations while a LNG 
tankship, carrying LNG in excess of heel, is underway within the RNA. 
(i) Except for a vessel that is moored at a marina, wharf, or pier, and 
remains moored, no vessel 1,600 gross tons or greater may come within 
two nautical miles of a LNG tankship, carrying LNG in excess of heel, 
which is underway within the Savannah River shipping channel without the 
permission of the Captain of the Port (COTP).
    (ii) All vessels less than 1,600 gross tons shall keep clear of 
transiting LNG tankships.
    (iii) The owner, master, or operator of a vessel carrying liquefied 
natural gas (LNG) shall:
    (A) Comply with the notice requirements of 33 CFR part 160. The COTP 
may delay the vessel's entry into the RNA to accommodate other 
commercial traffic.
    (B) Obtain permission from the COTP before commencing the transit 
into the RNA.
    (C) Not enter or get underway within the RNA if visibility during 
the transit is not sufficient to safely navigate the channel, and/or 
wind speed is, or is expected to be, greater than 25 knots.
    (D) While transiting the RNA, the LNG tankship, carrying LNG in 
excess of heel, shall have a minimum of two escort towing vessels with a 
minimum of 100,000 pounds of bollard pull, 4,000 horsepower and capable 
of safely operating in the indirect mode. At least one

[[Page 698]]

of the towing vessels shall be FiFi Class 1 equipped.
    (2) Requirements while an LNG tankship is moored outside of the LNG 
facility slip. (i) An LNG tankship moored outside of the LNG facility 
slip shall have on-scene a minimum of two escort towing vessels each 
with a minimum of 100,000 pounds of bollard pull, 4,000 horsepower and 
capable of safely operating in the indirect mode in order to escort 
transiting vessels 1,600 gross tons or greater past the moored LNG 
tankship. At least one of these towing vessels shall be FiFi 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 slip 
shall have at least one standby towing vessel with a minimum of 90,000 
pounds of bollard pull to take appropriate actions in an emergency as 
directed by the LNG vessel bridge watch required in paragraph (d)(5) of 
this section.
    (3) Requirements while LNG tankships are moored inside the LNG 
facility slip. (i) An LNG tankship moored inside the LNG facility slip 
shall have two standby towing vessels with a minimum capacity of 100,000 
pounds of bollard pull, 4,000 horsepower, and the ability to operate 
safely in the indirect mode. At least one of these towing vessels shall 
be FiFi Class 1 equipped. The standby towing vessels shall take 
appropriate action in an emergency as directed by the LNG vessel 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 1 
equipped with a minimum capacity of 100,000 pounds of bollard pull and 
4,000 horsepower that is available to assist as directed by the LNG 
vessel bridge watch required in paragraph (d)(5) of this section.
    (4) Requirements while LNG tankships are moored both inside the LNG 
facility slip and outside the LNG facility slip. (i) When one LNG 
tankship is moored inside and one LNG tankship is moored outside of the 
LNG facility slip, the LNG tankship moored outside of the LNG facility 
slip shall have on-scene a minimum of two escort towing vessels each 
with a minimum of 100,000 pounds of bollard pull, 4,000 horsepower and 
capable of safely operating in the indirect mode in order to escort 
transiting vessels 1,600 gross tons or greater past the moored LNG 
tankship. At least one of these towing vessels shall be FiFi Class 1 
equipped. In addition, the LNG tankship moored inside of the slip shall 
have at least one standby towing vessel with a minimum of 100,000 pounds 
of bollard pull, 4,000 horsepower and FiFi Class 1 equipped to take 
appropriate actions in an emergency as directed by the LNG vessel bridge 
watch required in paragraph (d)(5) of this section.
    (ii) When one LNG tankship is moored outside and two LNG tankships 
are moored inside the LNG facility slip, the LNG tankship moored outside 
of the LNG facility slip shall have on-scene a minimum of two escort 
towing vessels each with a minimum of 100,000 pounds of bollard pull, 
4,000 horsepower and capable of safely operating in the indirect mode in 
order to escort transiting vessels 1,600 gross tons or greater past the 
moored LNG tankship. At least one of these towing vessels shall be FiFi 
Class 1 equipped. In addition, the LNG tankships moored inside of the 
slip shall have at least one standby towing vessel between the two ships 
with a minimum of 100,000 pounds of bollard pull, 4,000 horsepower and 
FiFi Class 1 equipped to take appropriate actions in an emergency as 
directed by the LNG vessel bridge watch required in paragraph (d)(5) of 
this section.
    (iii) In the event of an actual emergency, escort towing vessels can 
be utilized as stand-by towing vessels to take appropriate actions as 
directed by the LNG vessel bridge watch required in paragraph (d)(5) of 
this section.
    (5) Requirements for moored LNG tankships. (i) While moored within 
the RNA, each LNG tankship shall maintain a bridge watch consisting of a 
docking pilot or licensed deck officer who shall monitor all vessels 
transiting past the LNG facility. In addition, the LNG Bridge Watch 
shall communicate with the pilots of vessels greater than 1600 gross 
tons at the points identified in section (d)(6)(iii) of this section 
prior to passing the LNG facility in order to take actions of the towing 
vessel(s) required in paragraphs (d)(2) through (4) of this section.

[[Page 699]]

    (ii) While moored within the RNA, LNG tankships shall have emergency 
towing wires (fire wires) positioned one meter above the waterline, both 
on the off-shore bow and quarter of the ship. LNG vessels equipped with 
waterline bollards are exempt from this requirement.
    (6) Requirements for other vessels while within the RNA. (i) 
Transiting vessels 1,600 gross tons or greater, when passing an LNG 
tankship moored outside of the LNG facility slip, shall have a minimum 
of two towing vessels with a minimum capacity of 100,000 pounds of 
bollard pull, 4,000 horsepower, and the ability to operate safely in the 
indirect mode, made-up in such a way as to be immediately available to 
arrest and control the motion of an escorted vessel in the event of 
steering, propulsion or other casualty. At least one of the towing 
vessels shall be FiFi Class 1 equipped. While it is anticipated that 
vessels will utilize the towing vessel services required in paragraphs 
(d)(2)(i) and (d)(4)(i) of this section, this section does not preclude 
escorted vessel operators from providing their own towing vessel 
escorts, provided they meet the requirements of this part.
    (A) Outbound vessels shall be made-up and escorted from Bight 
Channel Light 46 until the vessel is safely past the LNG dock.
    (B) Inbound vessels shall be made-up and escorted from Elba Island 
Light 37 until the vessel is safely past the LNG dock.
    (ii) The requirements in paragraph (d)(6)(i) of this section do not 
apply when one or more LNG tankships are moored in the LNG facility slip 
and no LNG tankship is moored at the pier outside of the LNG facility 
slip.
    (iii) Vessels 1,600 gross tons or greater shall make a broadcast on 
channel 13 at the following points on the Savannah River:
    (A) Buoy ``33'' in the vicinity of Fields Cut for inbound vessels;
    (B) Buoy ``53'' in the vicinity of Fort Jackson for outbound 
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 either side of 
the LNG facility slip to minimize potential wake or surge damage to the 
LNG facility and vessel(s) within the slip.
    (v) Vessels 1,600 gross tons or greater shall not meet nor overtake 
within an area 1,000 yards on either side of the LNG facility slip when 
an LNG tankship is present within the slip.
    (vi) All vessels less than 1,600 gross tons shall not approach 
within 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 in 
paragraph (c) of this section entitled Applicability, no vessel shall 
enter the LNG facility slip at any time without the permission of the 
Captain of the Port.
    (e) Waivers. (1) The COTP may waive any requirement in this section, 
if the COTP finds that it is in the best interest of safety or in the 
interest of national security. Such waivers may be verbal or in writing.
    (2) An application for a waiver of these requirements must state the 
compelling need for the waiver and describe the proposed operation and 
methods by which adequate levels of safety are to be obtained.
    (f) Enforcement. Violations of this section should be reported to 
the Captain of the Port, Savannah, at (912) 652-4353. In accordance with 
the general regulations in Sec. 165.13 of this part, no person may 
cause or authorize the operation of a vessel in the regulated navigation 
area contrary to the provisions of this section.

[CGD07-05-138, 72 FR 2453, Jan. 19, 2007]



Sec. 165.757  Safety Zones; Ports of Ponce, Tallaboa, and Guayanilla, Puerto 

Rico and Limetree Bay, St. Croix, U.S.V.I.

    (a) Location. The following areas are established as a safety zones 
during the specified conditions:
    (1) Port of Ponce, Puerto Rico. A 100-yard radius surrounding all 
Liquefied Hazardous Gas (LHG) vessels with product aboard while 
transiting north of Latitude 17[deg]57.0[min] N in the waters of the 
Caribbean Sea on approach to or departing from the Port of Ponce, Puerto 
Rico (NAD 83). The safety zone remains in effect until the LHG vessel is 
docked.

[[Page 700]]

    (2) Port of Tallaboa, Puerto Rico. A 100-yard radius surrounding all 
Liquefied Hazardous Gas (LHG) vessels with product aboard while 
transiting north of Latitude 17[deg]56.0[min] N in the waters of the 
Caribbean Sea on approach to or departing from the Port of Tallaboa, 
Puerto Rico (NAD 83). The safety zone remains in effect until the LHG 
vessel is docked.
    (3) Port of Guayanilla, Puerto Rico. A 100-yard radius surrounding 
all Liquefied Hazardous Gas (LHG) vessels around with product aboard 
while transiting north of Latitude 17[deg]57.0[min] N in the waters of 
the Caribbean Sea on approach to or departing from the Port of 
Guayanilla, Puerto Rico (NAD 83). The safety zone remains in effect 
until the LHG vessel is docked.
    (4) Port of Limetree Bay, St. Croix, U.S.V.I. A 100-yard radius 
surrounding all Liquefied Hazardous Gas (LHG) vessels with product 
aboard while transiting north of Latitude 17[deg]39.0[min] N in the 
waters of the Caribbean Sea on approach to or departing from the Port of 
Limetree Bay, U.S.V.I. (NAD 83). The safety zone remains in effect until 
the LHG vessel is docked.
    (b) Regulations. In accordance with the general regulations in Sec. 
165.23 of this part, anchoring, mooring or transiting in these zones is 
prohibited unless authorized by the Coast Guard Captain of the Port. 
Coast Guard Sector San Juan will notify the maritime community of 
periods during which these safety zones will be in effect by providing 
advance notice of scheduled arrivals and departures on LHG carriers via 
a broadcast notice to mariners on VHF Marine Band Radio, Channel 16 
(156.8 MHz).

[COTP San Juan 02-038, 67 FR 60867, Sept. 27, 2002, as amended by USCG-
2008-0179, 73 FR 35017, June 19, 2008]



Sec. 165.758  Security Zone; San Juan, Puerto Rico.

    (a) Location. Moving and fixed security zones are established 50 
yards around all cruise ships entering, departing, moored or anchored in 
the Port of San Juan, Puerto Rico. The security zone for a cruise ship 
entering port is activated when the vessel is one mile north of the 
3 buoy, at approximate position 18[deg]28[min]17[min] N, 
66[deg]07[min]37.5[min] W. The security zone for a vessel is deactivated 
when the vessel passes this buoy on its departure from the port.
    (b) Regulations. (1) Under general regulations in Sec. 165.33 of 
this part, entering, anchoring, mooring or transiting in these zones is 
prohibited unless authorized by the Coast Guard Captain of the Port of 
San Juan.
    (2) Persons desiring to transit the area of the security zone may 
contact the Captain of the Port at the Sector San Juan at (787) 289-2041 
or via VHF radio on Channel 16 to seek permission to transit the area. 
If permission is granted, all persons and vessels must comply with the 
instructions of the Captain of the Port or his designated 
representative.
    (3) The Coast Guard Sector San Juan will attempt to notify the 
maritime community of periods during which these security zones will be 
in effect by providing advance notice of scheduled arrivals and 
departures of cruise ships via a broadcast notice to mariners.
    (c) Definition. As used in this section, cruise ship means a 
passenger vessel greater than 100 feet in length that is authorized to 
carry more than 150 passengers for hire, except for a ferry.
    (d) Authority. In addition to 33 U.S.C 1231 and 50 U.S.C. 191, the 
authority for this section includes 33 U.S.C. 1226.

[CGD07-02-042, 67 FR 76991, Dec. 16, 2002, as amended 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 established 100 yards 
around all tank vessels, cruise ships, and military pre-positioned ships 
during transits entering or departing the ports of Jacksonville, 
Fernandina, and Canaveral, Florida. These moving security zones are 
activated when the subject vessels pass the St. Johns River Sea Buoy, at 
approximate position 30 deg. 23[min] 35[sec] N, 81 deg, 19[min] 08[sec] 
West, when entering the port of Jacksonville, or pass Port Canaveral 
Channel Entrance Buoys  3 or  4, at respective 
approximate positions 28 deg. 22.7 N, 80 deg 31.8 W, and 28 deg. 23.7 N, 
80 deg. 29.2 W, when entering Port Canaveral. Fixed security zones are 
established 100 yards

[[Page 701]]

around all tank vessels, cruise ships, and military pre-positioned ships 
docked in the Ports of Jacksonville, Fernandina, and Canaveral, Florida.
    (b) Regulations. In accordance with the general regulations Sec. 
165.33 of this part, entry into these zones is prohibited except as 
authorized by the Captain of the Port, or a Coast Guard commissioned, 
warrant, or petty officer designated by him. The Captain of the Port 
will notify the public of any changes in the status of this zone by 
Marine Safety Radio Broadcast on VHF Marine Band Radio, Channel 22 
(157.1 MHz).
    (c) Definition. As used in this section: cruise ship means a 
passenger vessel, except for a ferry, greater than 100 feet in length 
that is authorized to carry more than 12 passengers for hire.
    (d) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the 
authority for this section includes 33 U.S.C. 1226.

[COTP Jacksonville 02-066, 68 FR 3186, Jan. 23, 2003]



Sec. 165.760  Security Zones; Tampa Bay, Port of Tampa, Port of Saint 

Petersburg, Port Manatee, Rattlesnake, Old Port Tampa, Big Bend, Weedon 

Island, and Crystal River, Florida.

    (a) Location. The following areas, denoted by coordinates fixed 
using the North American Datum of 1983 (World Geodetic System 1984), are 
security zones:
    (1) Rattlesnake, Tampa, FL. All water, from surface to bottom, in 
Old Tampa Bay east and south of a line commencing at position 
27[deg]53.32[min] N, 082[deg]32.05[min] W; north to 27[deg]53.36[min] N, 
082[deg]32.05[min] W, including on land portions of Chemical Formulators 
Chlorine Facility, where the fenced area is bounded by a line connecting 
the following points: 27[deg]53.21[min] N, 082[deg]32.11[min] W; west to 
27[deg]53.22[min] N, 082[deg]32.23[min] W; then north to 
27[deg]53.25[min] N, 082[deg]32.23[min] W; then west again to 
27[deg]53.25[min] N, 082[deg]32.27[min] W; then north again to 
27[deg]53.29[min] N, 082[deg]32.25[min] W; then east to 
27[deg]53.30[min] N, 082[deg]32.16[min] W; then southeast terminating at 
27[deg]53.21[min] N, 082[deg]32.11[min] W.
    (2) Old Port Tampa, Tampa, FL. All waters, from surface to bottom, 
in Old Tampa Bay encompassed by a line connecting the following points: 
27[deg]51.62[min] N, 082[deg]33.14[min] W; east to 27[deg]51.71[min] N, 
082[deg]32.5[min] W; north to 27[deg]51.76[min] N, 082[deg]32.5[min] W; 
west to 27[deg]51.73[min] N, 082[deg]33.16[min] W; and south to 
27[deg]51.62[min] N, 082[deg]33.14[min] W, closing off the Old Port 
Tampa channel.
    (3) Sunshine Skyway Bridge, FL. All waters in Tampa Bay, from 
surface to bottom, in Cut ``A'' channel beneath the bridge's main span 
encompassed by a line connecting the following points: 27[deg]37.30[min] 
N, 082[deg]39.38[min] W to 27[deg]37.13[min] N, 082[deg]39.26[min] W; 
and the bridge structure columns, base and dolphins. This zone is 
specific to the bridge structure and dolphins and does not include 
waters adjacent to the 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 Bay carrying 
or transferring Liquefied Petroleum Gas (LPG), Anhydrous Ammonia (NH3) 
and/or grade ``A'' and ``B'' flammable liquid cargo. Any vessel 
transiting within the outer 100 yards of the zone for moored vessels 
carrying or transferring Liquefied Petroleum Gas (LPG), Anhydrous 
Ammonia (NH3) and/or grade ``A'' and ``B'' cargo may operate unless 
otherwise directed by the Captain of the Port or his designee but must 
proceed through the area at the minimum speed necessary to maintain safe 
navigation. No vessel may enter the inner 100-yard portion of the 
security zone closest to the vessel.
    (5) Piers, seawalls, and facilities, Port of Tampa and Port Sutton, 
Tampa, FL. All waters, from surface to bottom, extending 50 yards from 
the shore, seawall, and piers around facilities in Port Sutton within 
the Port of Tampa encompassed by a line connecting the following points: 
27[deg]54.15[min] N, 082[deg]26.11[min] W; east northeast to 
27[deg]54.19[min] N, 082[deg]26.00[min] W; then northeast to 
27[deg]54.37[min] N, 082[deg]25.72[min] W, closing off all 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 Bay and the 
eastern side of Hooker's Point. All waters, from surface to bottom, 
extending 50 yards from the shore, seawall and piers around facilities 
on East Bay and on the East Bay Channel within the Port of Tampa 
encompassed by a line connecting the following points: 27[deg]56.05[min] 
N, 082[deg]25.95[min] W, southwesterly to

[[Page 702]]

27[deg]56.00[min] N, 082[deg]26.07[min] W, then southerly to 
27[deg]55.83[min] N, 082[deg]26.07[min] W, then southeasterly to 
27[deg]55.55[min] N, 082[deg]25.75[min] W, then south to 
27[deg]54.75[min] N, 082[deg]25.75[min] W, then southwesterly and 
terminating at point 27[deg]54.57[min] N, 082[deg]25.86[min] W.
    (7) Piers, seawalls, and facilities, Port of Tampa, on the western 
side of Hooker's Point, Tampa, FL. All waters, from surface to bottom, 
extending 50 yards from the shore, seawall, and piers around facilities 
on Hillsborough Bay northern portion of Cut ``D'' channel, Sparkman 
channel, Ybor Turning Basin, and Ybor channel within the Port of Tampa 
encompassed by a line connecting the following points: 27[deg]54.74[min] 
N, 082[deg]26.47[min] W; northwest to 27[deg]55.25[min] N, 
082[deg]26.73[min] W; then north-northwest to 27[deg]55.60[min] N, 
082[deg]26.80[min] W; then north-northeast to 27[deg]56.00[min] N, 
082[deg]26.75[min] W; then northeast to 27[deg]56.58[min] N, 
082[deg]26.53[min] W; and north to 27[deg]57.29[min] N, 
082[deg]26.51[min] W; west to 27[deg]57.29[min] N, 082[deg]26.61[min] W; 
then southerly to 27[deg]56.65[min] N, 082[deg]26.63[min] W; 
southwesterly to 27[deg]56.58[min] N, 082[deg]26.69[min] W; then 
southwesterly and terminating at 27[deg]56.53[min] N, 082[deg]26.90[min] 
W.
    (8) Piers, seawalls, and facilities, Port of Manatee. All waters, 
from surface to bottom, within the Port of Manatee extending 50 yards 
from the shore, seawall and piers around facilities. This security zone 
encompasses all piers and seawalls of the cruise terminal berths 9 and 
10 in Port Manatee, Florida beginning at 27[deg]38.00[min] N, 
082[deg]33.81[min] W; continuing east to 27[deg]38.00[min] N, 
082[deg]33.53[min] W.
    (9) Moving cruise ships in the Port of Tampa, Port of Saint 
Petersburg, and Port Manatee, Florida. All waters, from surface to 
bottom, extending 200 yards around all cruise ships entering or 
departing Port of Tampa, Port of Saint Petersburg, or Port Manatee, 
Florida. These temporary security zones are activated on the inbound 
transit when a cruise ship passes the Tampa Lighted Whistle Buoy ``T'', 
located at 27[deg]35.35[min] N, 083[deg]00.71[min] W and terminate when 
the vessel is moored at a cruise ship terminal. The security zones are 
activated on the outbound transit when a cruise ship gets underway from 
a terminal and terminates when the cruise ship passes the Tampa Lighted 
Whistle Buoy ``T'', located at 27[deg]35.35[min] N, 083[deg]00.71[min] 
W. Any vessel transiting within the outer 100 yards of the zone for a 
cruise ship may operate unless otherwise directed by the Captain of the 
Port or his designee but must proceed through the area at the minimum 
speed necessary to maintain safe navigation. No vessel may enter the 
inner 100-yard portion of the security zone closest to the vessel.
    (10) Moored cruise ships in the Port of Tampa, Port of Saint 
Petersburg, and Port Manatee, Florida. All waters, from surface to 
bottom, extending 200 yards around moored cruise ships in the Ports of 
Tampa, Saint Petersburg, or Port Manatee, Florida. Any vessel transiting 
within the outer 100 yards of the zone of moored cruise ships may 
operate unless otherwise directed by the Captain of the Port or his 
designee but must proceed through the area at the minimum speed 
necessary to maintain safe navigation. No vessel may enter the inner 
100-yard portion of the security zone closest to the vessel.
    (11) Saint Petersburg Harbor, FL. All waters, from surface to 
bottom, extending 50 yards from the seawall and around all moorings and 
vessels in Saint Petersburg Harbor (Bayboro Harbor), commencing on the 
north side of the channel at dayboard ``10'' in approximate position 
27[deg]45.56[min] N, 082[deg]37.55[min] W, and westward along the 
seawall to the end of the cruise terminal in approximate position 
27[deg]45.72[min] N, 082[deg]37.97[min] W. The zone will also include 
the Coast Guard south moorings in Saint Petersburg Harbor. The zone will 
extend 50 yards around the piers commencing from approximate position 
27[deg]45.51[min] N, 082[deg]37.99[min] W; to 27[deg]45.52[min] N, 
082[deg]37.57[min] W. The southern boundary of the zone is shoreward of 
a line between the entrance to Salt Creek easterly to Green Daybeacon 11 
(LLN 2500).
    (12) Crystal River Nuclear Power Plant. All waters, from surface to 
bottom, around the Florida Power Crystal River nuclear power plant 
located at the end of the Florida Power Corporation Channel, Crystal 
River, Florida, encompassed by a line connecting the following points: 
28[deg]56.87[min] N, 082[deg]45.17[min] W (Northwest corner); 
28[deg]57.37[min] N, 082[deg]41.92[min] W (Northeast corner); 
28[deg]56.81[min] N, 082[deg]45.17[min] W (Southwest corner); and 
28[deg]57.32[min] N, 082[deg]41.92[min] W (Southeast corner).

[[Page 703]]

    (13) Crystal River Demory Gap Channel. All waters, from surface to 
bottom, in the Demory Gap Channel in Crystal River, Florida, encompassed 
by a line connecting the following points: 28[deg]57.61[min] N, 
082[deg]43.42[min] W (Northwest corner); 28[deg]57.53[min] N, 
082[deg]41.88[min] W (Northeast corner); 28[deg]57.60[min] N, 
082[deg]43.42[min] W (Southwest corner); and 28[deg]57.51[min] N, 
082[deg]41.88[min] W (Southeast corner).
    (14) Big Bend Power Plant, FL. All waters of Tampa Bay, from surface 
to bottom, adjacent to the Big Bend Power Facility, and within an area 
bounded by a line connecting the following points: 27[deg]48.08[min] N, 
082[deg]24.88[min] W; then northwest to 27[deg]48.15[min] N, 
082[deg]24.96[min] W; then southwest to 27[deg]48.10[min] N, 
082[deg]25.00[min] W; then south-southwest to 27[deg]47.85[min] N, 
082[deg]25.03[min] W; then southeast to 27[deg]47.85[min] N, 
082[deg]24.79[min] W; then east to 27[deg]47.55[min] N, 
082[deg]24.04[min] W; then north to 27[deg]47.62[min] N, 
082[deg]84.04[min] W; then west to 27[deg]47.60[min] N, 
082[deg]24.72[min] W; then north to 27[deg]48.03[min] N, 
082[deg]24.70[min] W; then northwest to 27[deg]48.08[min] N, 
082[deg]24.88[min] W, closing off entrance to Big 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 and piers 
around the Power Facility at Weedon Island encompassed by a line 
connecting the following points: 27[deg]51.52[min] N, 082[deg]35.82[min] 
W; then north and east along the shore to 27[deg]51.54[min] N, 
082[deg]35.78[min] W; then north to 27[deg]51.68[min] N, 
082[deg]35.78[min] W; then north to 27[deg]51.75[min] N, 
082[deg]35.78[min] W, closing off entrance to the canal; then north to 
27[deg]51.89[min] N, 082[deg]35.82[min] W; then west along the shore to 
27[deg]51.89[min] N, 082[deg]36.10[min] W; then west to 
27[deg]51.89[min] N, 082[deg]36.14[min] W, closing off entrance to the 
canal.
    (b) Definitions. As used in this section--
    Cruise ship means a vessel required to comply with 33 CFR part 120.
    Designated representative means Coast Guard Patrol Commanders 
including Coast Guard coxswains, petty officers and other officers 
operating Coast Guard vessels, and federal, state, and local officers 
designated by or assisting the Captain of the Port (COTP), in the 
enforcement of regulated navigation areas, safety zones, and security 
zones.
    (c) Regulation. (1) Entry into or remaining on or within the zones 
described in paragraph (a) of this section is prohibited unless 
authorized by the Captain of the Port Sector St. Petersburg or a 
designated representative.
    (2) Persons desiring to transit the area of the security zone may 
contact the Captain of the Port Sector St. Petersburg or a designated 
representative on VHF channel 16 to seek permission to transit the area. 
If permission is granted, all persons and vessels must comply with the 
instructions of the Captain of the Port or designated representative. In 
the case of moving security zones, notification of activation of these 
zones will be given by Broadcast Notice to Mariners on VHF FM Marine 
Band Radio, Channel 22A. For vessels not equipped with a radio, there 
will also be on site notification via a designated representative of the 
Captain of the Port.

    Note to Sec. 165.760(c)(2): A graphical representation of all fixed 
security zones will be made available via the Coast Pilot and nautical 
charts.

    (3) Enforcement. Under Sec. 165.33, no person may cause or 
authorize the operation of a vessel in the security zones contrary to 
the 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, as amended by USCG-2007-
0062, 73 FR 1282, Jan. 8, 2008]



Sec. 165.761  Security Zones; Port of Palm Beach, Port Everglades, Port of 

Miami, and Port of Key West, Florida.

    (a) Location. The following areas are security zones:
    (1) Fixed and moving security zones around vessels in the Ports of 
Palm Beach, Port Everglades, Miami, and Key West, Florida. Moving 
security zones are established 100 yards around all passenger vessels, 
vessels carrying cargoes of particular hazard, or vessels carrying 
liquefied hazardous gas (LHG) as defined in 33 CFR parts 120, 126 and 
127 respectively, during transits entering or departing the Ports of 
Palm Beach, Port Everglades, Miami or Key West, Florida. These moving 
security zones are activated when the subject

[[Page 704]]

vessel passes: ``LW'' buoy, at approximate position 26[deg]46.3[min] N, 
080[deg]00.6[min] W, when entering the Port of Palm Beach, passes ``PE'' 
buoy, at approximate position 26[deg]05.5[min] N, 080[deg]04.8[min] W, 
when entering Port Everglades; the ``M'' buoy, at approximate position 
25[deg]46.1[min] N, 080[deg]05.0[min] W, when entering the Port of 
Miami; and ``KW'' buoy, at approximate position 24[deg]27.7[min] N, 
081[deg]48.1[min] W, when entering the Port of Key West. Fixed security 
zones are established 100 yards around all passenger vessels, vessels 
carrying cargoes of particular hazard or liquefied hazardous gas (LHG) 
as defined in 33 CFR parts 120, 126 and 127 respectively, while they are 
docked in the Ports of Palm Beach, Port Everglades, Miami or Key West, 
Florida.
    (2) Fixed security zone in the Port of Miami, Florida. A fixed 
security zone encompasses all waters between Watson Park and Star Island 
on the MacArthur Causeway south to the Port of Miami. The western 
boundary is formed by an imaginary line from points 25[deg]46.79[min] N, 
080[deg]10.90[min] W, to 25[deg]46.77[min] N, 080[deg]10.92[min] W to 
25[deg]46.88[min] N, 080[deg]10.84[min] W, and ending on Watson Park at 
25[deg]47.00[min] N, 080[deg]10.67[min] W. The eastern boundary is 
formed by an imaginary line from the traffic light located at Bridge 
road, in approximate position 25[deg]46.33[min] N, 080[deg]09.12[min] W, 
which leads to Star Island, and MacArthur Causeway directly extending 
across the Main Channel to the Port of Miami, at 25[deg]46.26[min] N, 
080[deg]09.18[min] W. The fixed security zone is activated when two or 
more passenger vessels, vessels carrying cargoes of particular hazard, 
or vessels carrying liquefied hazardous gas (LHG) as defined in 33 CFR 
parts 120, 126 and 127 respectively, enter or moor within this zone.
    (i) Vessels may be allowed to transit the Main Channel when only one 
passenger vessel or vessel carrying cargoes of particular hazard are 
berthed, by staying on the north side of the law enforcement boats and 
cruise ship tenders which will mark a transit lane in channel.
    (ii) When passenger vessels are not berthed on the Main Channel, 
navigation will be unrestricted. Law enforcement vessels can be 
contacted on VHF Marine Band Radio, Channel 16 (156.8 MHz).
    (3) Fixed security zones in the Port Everglades. A fixed security 
zone encompasses all waters west of an imaginary line starting at the 
northern most point 26[deg]05.98[min] N, 080[deg]07.15[min] W, near the 
west side of the 17th Street Causeway Bridge, to the southern most point 
26[deg]05.41[min] N, 080[deg]06.96[min] W, on the northern tip of pier 
22. An additional fixed security zone encompasses the Intracoastal 
Waterway between a line connecting point 26[deg]05.41[min] N, 
080[deg]06.97[min] W, on the northern tip of berth 22 and a point 
directly east across the Intracoastal Waterway to 26[deg]05.41[min] N, 
080[deg]06.74[min] W; and a line drawn from the corner of Port 
Everglades berth 29 at point 26[deg]04.72[min] N, 080[deg]06.92[min] W, 
easterly across the Intracoastal Waterway to John U. Lloyd Beach, State 
Recreational Area at point 26[deg]04.72[min] N, 080[deg]06.81[min] W.
    (i) Vessels may be allowed to transit the Intracoastal Waterway when 
passenger vessels or vessels carrying cargoes of particular hazard are 
berthed, by staying east of the law enforcement vessels and cruise ship 
tenders, which will mark a transit lane in the Intracoastal Waterway.
    (ii) Periodically, vessels may be required to temporarily hold their 
positions while large commercial traffic operates in this area. Vessels 
in this security zone must follow the orders of the COTP or his 
designated representative, who may be embarked in law enforcement or 
other vessels on scene. When passenger vessels are not berthed on the 
Intracoastal Waterway, navigation will be unrestricted. Law enforcement 
vessels can be contacted on VHF Marine Band Radio, Channel 16 (156.8 
MHz).
    (b) Regulations. (1) Prior to commencing the movement, the person 
directing the movement of a passenger vessel, a vessel carrying cargoes 
of particular hazard or a vessel carrying liquefied hazardous gas (LHG) 
as defined in Title 33, Code of Federal Regulations parts 120, 126 and 
127 respectively, is encouraged to make a security broadcast on VHF 
Marine Band Radio, Channel 13 (156.65 MHz) to advise mariners of the 
moving security zone activation and intended transit.
    (2) In accordance with the general regulations Sec. 165.33 of this 
part, entry into these zones is prohibited except as

[[Page 705]]

authorized by the Captain of the Port Miami or his designated 
representative. Other vessels such as pilot boats, cruise ship tenders, 
tug boats and contracted security vessels may assist the Coast Guard 
Captain of the Port under the direction of his designated representative 
by monitoring these zones strictly to advise mariners of the 
restrictions. The Captain of the Port will notify the public via Marine 
Safety Radio Broadcast on VHF Marine Band Radio, Channel 16 (156.8 MHz) 
when the security zones are being enforced.
    (3) Persons desiring to enter or transit the area of the security 
zone may contact the Captain of the Port at (305) 535-8701 or on VHF 
Marine Band Radio, Channel 16 (156.8 MHz) to seek permission to transit 
the area. If permission is granted, all persons and vessels must comply 
with the instructions of the Captain of the Port or his or her 
designated representative.
    (4) The Captain of the Port Miami may waive any of the requirements 
of this subpart for any vessel upon finding that the vessel or class of 
vessel, operational conditions, or other circumstances are such that 
application of this subpart is unnecessary or impractical for the 
purpose of port security, safety or environmental safety.
    (c) Definition. As used in this section, cruise ship means a 
passenger vessel greater than 100 feet in length and over 100 gross tons 
that is authorized to carry more than 12 passengers for hire making 
voyages lasting more than 24 hours, except for a ferry.
    (d) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the 
authority for this section includes 33 U.S.C. 1226.

[COTP Miami 02-115, 68 FR 3189, Jan. 23, 2003]



Sec. 165.762  Security Zone; St. Thomas, U.S. Virgin Islands.

    (a) Location. Moving and fixed security zones are established 50 
yards around all cruise ships entering, departing, moored or anchored in 
the Port of St. Thomas, U.S. Virgin Islands. The security zone for a 
cruise ship entering port is activated when the vessel passes: St. 
Thomas Harbor green lighted buoy 3 in approximate position 
18[deg]19[min]19[sec] North, 64[deg]55[min]40[sec] West when entering 
the port using St. Thomas Channel; red buoy 2 in approximate position 
18[deg]19[min]15[sec] North, 64[deg]55[min]59[sec] West when entering 
the port using East Gregorie Channel; and red lighted buoy 4 in 
approximate position 18[deg]18[min]16[sec] North, 64[deg]57[min]30[sec] 
West when entering the port using West Gregorie Channel. These zones are 
deactivated when the cruise ship passes any of these buoys on its 
departure from the Port.
    (b) Regulations. (1) Under general regulations in Sec. 165.33 of 
this part, entering, anchoring, mooring or transiting in these zones is 
prohibited unless authorized by the Coast Guard Captain of the Port of 
San Juan.
    (2) Persons desiring to transit the area of the security zone may 
contact the Captain of the Port at the Sector San Juan at (787) 289-2041 
or via VHF radio on Channel 16 to seek permission to transit the area. 
If permission is granted, all persons and vessels must comply with the 
instructions of the Captain of the Port or his designated 
representative.
    (3) Coast Guard Sector San Juan will attempt to notify the maritime 
community of periods during which these security zones will be in effect 
by providing advance notice of scheduled arrivals and departures of 
cruise ships via a broadcast notice to mariners.
    (c) Definition. As used in this section, cruise ship means a 
passenger vessel greater than 100 feet in length that is authorized to 
carry more than 150 passengers for hire, except for a ferry.
    (d) Authority. In addition to 33 U.S.C 1231 and 50 U.S.C. 191, the 
authority for this section includes 33 U.S.C. 1226.

[COTP San Juan 03-024, 68 FR 33391, June 4, 2003, as amended by USCG-
2008-0179, 73 FR 35017, June 19, 2008]



Sec. 165.763  Moving and Fixed Security Zone, Port of Fredericksted, Saint 

Croix, U.S. Virgin Islands.

    (a) Location. A moving and fixed security zone is established that 
surrounds all cruise ships entering, departing, mooring or anchoring in 
the Port of Fredericksted, Saint Croix, U.S. Virgin Islands. The 
security zone extends from the cruise ship outward and forms a 50-yard 
radius around the vessel, from surface to bottom. The security zone for 
a cruise ship entering port is activated when the vessel is within one 
nautical mile west of the Fredericksted

[[Page 706]]

Pier lights. The security zone for a vessel is deactivated when the 
cruise ship is beyond one nautical mile west of the Fredericksted Pier 
lights. The Fredericksted Pier lights are at the following coordinates: 
17[deg]42[min]49[sec] N, 64[deg]53[min]19[sec] W. All coordinates are 
North American Datum 1983 (NAD 1983).
    (b) Regulations. (1) Under general regulations in Sec. 165.33 of 
this part, entering, anchoring, mooring, or transiting in these zones is 
prohibited unless authorized by the Coast Guard Captain of the Port San 
Juan or their designated representative.
    (2) Persons desiring to transit through a security zone may contact 
the Captain of the Port San Juan who can be reached on VHF Marine Band 
Radio, Channel 16 (156.8 Mhz) or by calling (787) 289-2041, 24-hours-a-
day, 7-days-a-week. If permission is granted, all persons and vessels 
must comply with the instructions of the Captain of the Port or 
designated representative.
    (3) Sector San Juan will attempt to notify the maritime community of 
periods during which these security zones will be in effect by providing 
advance notice of scheduled arrivals and departures of cruise ships via 
a broadcast notice to mariners.
    (c) Definition. As used in this section, cruise ship means a 
passenger vessel greater than 100 feet in length that is authorized to 
carry more than 150 passengers for hire, except for a ferry.
    (d) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the 
authority for this section includes 33 U.S.C. 1226.

[COTP San Juan 05-002, 70 FR 22256, Apr. 29, 2005]



Sec. 165.764  [Reserved]



Sec. 165.765  Regulated Navigation Area; Port Everglades Harbor, Fort 

Lauderdale, Florida.

    (a) Location. The following area in Port Everglades harbor is a 
regulated navigation area: all waters of Port Everglades harbor, from 
shore to shore, encompassed by a line commencing at the south mid-point 
tip of Harbor Heights approximately 26[deg]05.687[min] N, 
080[deg]06.684[min] W; thence south across Bar Cut to a point north of 
the Nova University Marina approximately 26[deg]05.552[min] N, 
080[deg]06.682[min] W, thence southwesterly to a point near the center 
of Lake Mabel approximately 26[deg]05.482[min] N, 080[deg]06.793[min] W, 
thence northwesterly to a point near the Quick Flashing Red 12 
approximately 26[deg]05.666[min] N, 080[deg]06.947[min] W, thence east 
to south mid-point tip of Harbor Heights (starting point) approximately 
26[deg]05.687[min] N, 080[deg]06.684[min] W.
    (b) Regulations. Vessels less than 150 meters entering and 
transiting through the regulated navigation area shall proceed at a slow 
speed. Nothing in this section alleviates vessels or operators from 
complying with all state and local laws in the area including manatee 
slow speed zones. Nor should anything in this section be construed as 
conflicting with the requirement to operate at safe speed under the 
Inland Navigation Rules, 33 U.S.C. 2001 et seq.
    (c) Definition. As used in this section, slow speed means the speed 
at which a vessel proceeds when it is fully off plane, completely 
settled in the water and not creating excessive wake. Due to the 
different speeds at which vessels of different sizes and configurations 
may travel while in compliance with this definition, no specific speed 
is assigned to slow speed. A vessel is not proceeding at slow speed if 
it is:
    (1) On a plane;
    (2) In the process of coming up on or coming off of plane; or
    (3) Creating an excessive wake.

[CDG07-03-069, 68 FR 63991, Nov. 12, 2003]



Sec. 165.766  Security Zone: HOVENSA Refinery, St. Croix, U.S. Virgin Islands.

    (a) Regulated area. The Coast Guard is establishing a security zone 
in and around the HOVENSA Refinery on the south coast of St. Croix, U.S. 
Virgin Islands. This security zone includes all waters from surface to 
bottom, encompassed by an imaginary line connecting the 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, Point 
4: 17[deg]41[min]48[sec] North, 64[deg]44[min]25[sec] West, and 
returning to the point of origin. These coordinates are based upon North 
American Datum 1983 (NAD 1983).
    (b) Regulations. (1) Under Sec. 165.33, entry into or remaining in 
the security zone in paragraph (a) of this section is prohibited unless 
authorized by the

[[Page 707]]

Coast Guard Captain of the Port San Juan or vessels have a scheduled 
arrival in accordance with the Notice of Arrival requirements of 33 CFR 
part 160, subpart C.
    (2) Persons and vessels desiring to transit the Regulated Area may 
contact the U.S. Coast Guard Captain of the Port, San Juan, at telephone 
number 787-289-2041 or on VHF channel 16 (156.8 MHz) to seek permission 
to transit the area. If permission is granted, all persons and vessels 
must comply with the instructions of the Captain of the Port.

[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, Tampa Bay, FL 
extending 500 yards from the island's shoreline, in all directions, not 
to include the Port Manatee Channel.
    (b) Definitions. As used in this section, designated representative 
means Coast Guard Patrol Commanders including Coast Guard coxswains, 
petty officers and other officers operating Coast Guard vessels, and 
Federal, State, and local officers designated by or assisting the 
Captain of the Port (COTP), in the enforcement of regulated navigation 
areas, safety zones, and security zones.
    (c) Regulation. (1) Entry into or remaining on or within the 
security zone is prohibited unless authorized by the Captain of the Port 
Sector St. Petersburg or his designee.
    (2) Persons desiring to transit the security zone may contact the 
Captain of the Port Sector St. Petersburg or his designee on VHF channel 
16 to seek permission to transit the area. If permission is granted, all 
persons and vessels must comply with the instructions of the Captain of 
the Port or designated representative.
    (3) Enforcement. Under Sec. 165.33, no person may cause or 
authorize the operation of a vessel in the security zone contrary 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 which exists 
concurrent with an Army Corps of Engineers restricted area in Sec. 
334.635 of this title. All waters within Tampa Bay, Florida in the 
vicinity of MacDill Air Force Base, including portions of the waters of 
Hillsborough Bay, Old Tampa Bay, and Tampa Bay, encompassed by a line 
connecting the following coordinates: latitude 27[deg]51[min]52.901[sec] 
N., longitude 82[deg]29[min]18.329[sec] W., thence directly to latitude 
27[deg]52[min]00.672[sec] N., longitude 82[deg]28[min]51.196[sec] W., 
thence directly to latitude 27[deg]51[min]28.859[sec] N., longitude 
82[deg]28[min]10.412[sec] W., thence directly to latitude 
27[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 latitude 
27[deg]50[min]19.817[sec] N., longitude 82[deg]27[min]35.466[sec] W., 
thence directly to latitude 27[deg]49[min]38.865[sec] N., longitude 
82[deg]27[min]43.642[sec] W., thence directly to latitude 
27[deg]49[min]20.204[sec] N., longitude 82[deg]27[min]47.517[sec] W., 
thence directly to latitude 27[deg]49[min]06.112[sec] N., longitude 
82[deg]27[min]52.750[sec] W., thence directly to latitude 
27[deg]48[min]52.791[sec] N., longitude 82[deg]28[min]05.943[sec] W., 
thence directly to latitude 27[deg]48[min]45.406[sec] N., longitude 
82[deg]28[min]32.309[sec] W., thence directly to latitude 
27[deg]48[min]52.162[sec] N., longitude 82[deg]29[min]26.672[sec] W., 
thence directly to latitude 27[deg]49[min]03.600[sec] N., longitude 
82[deg]30[min]23.629[sec] W., thence directly to latitude 
27[deg]48[min]44.820[sec] N., longitude 82[deg]31[min]10.000[sec] W., 
thence directly to latitude 27[deg]49[min]09.350[sec] N., longitude 
82[deg]32[min]24.556[sec] W., thence directly to latitude 
27[deg]49[min]38.620[sec] N., longitude 82[deg]33[min]02.444[sec] W., 
thence directly to latitude 27[deg]49[min]56.963[sec] N., longitude 
82[deg]32[min]45.023[sec] W., thence directly to latitude 
27[deg]50[min]05.447[sec] N., longitude 82[deg]32[min]48.734[sec] W., 
thence directly to latitude 27[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 at latitude 27[deg]50[min]42.836[sec] N., longitude 
82[deg]32[min]10.972[sec] W.
    (b) Definitions. The following definition applies to this section. 
Designated representative means Coast Guard Patrol Commanders including 
Coast Guard coxswains, petty officers and other officers operating Coast 
Guard

[[Page 708]]

vessels, and federal, state, and local officers 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 regulations in Sec. 
165.33 of this part, entry into, anchoring, mooring, or transiting this 
zone by persons or vessels is prohibited without the 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. 165.769  Security Zone; Escorted Vessels, Charleston, South Carolina, 

Captain of the Port Zone

    (a) Definitions. The following definitions apply to this section:
    COTP means Captain of the Port Charleston, SC.
    Designated representatives means Coast Guard Patrol Commanders 
including Coast Guard coxswains, petty officers and other officers 
operating Coast Guard vessels, and federal, state, and local officers 
designated by or assisting the COTP, in the enforcement 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 one or more Coast 
Guard assets or other Federal, State or local law enforcement agency 
assets clearly identifiable by lights, vessel markings, or with agency 
insignia as listed below:
     Coast Guard surface or air asset displaying the Coast Guard 
insifnia.
    State and/or local law enforcement asset displaying the applicable 
agency markings and/or equipment associated with the agency.
    When escorted vessels are moored, dayboards or other visual 
indications such as lights or buoys may be used. In all cases, broadcast 
notice to mariners will be issued to advise mariners of these 
restrictions.
    Minimum safe speed means the speed at which a vessel proceeds when 
it is fully off plane, completely settled in the water and not creating 
excessive wake. Due to the different speeds at which vessels of 
different sizes and configurations may travel while in compliance with 
this definition, no specific speed is assigned to minimum safe speed. In 
no instance should minimum safe speed be interpreted as a speed less 
than that required for a particular vessel to maintain steerageway. A 
vessel is not proceeding at minimum safe speed 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 in 33 CFR 2.36, 
within the Captain of the Port Zone, Charleston, South Carolina 33 CFR 
3.35-15.
    (c) Security zone. A 300-yard security zone is established around 
each escorted vessel within the regulated area described in paragraph 
(b) of this section. This is a moving security zone when the escorted 
vessel is in transit and becomes a fixed zone when the escorted vessel 
is anchored or moored. A security zone will not extend beyond the 
boundary of the regulated area in this section.
    (d) Regulations. (1) The general regulations for security zones 
contained in Sec. 165.33 of this part applies to this section.
    (2) A vessel may request the permission of the COTP Charleston or a 
designated representative to enter the security zone described in 
paragraph (c) of this section. If permitted to enter the security zone, 
a vessel must proceed at the minimum safe speed and must comply with the 
orders of the COTP or a designated representative. No vessel or person 
may enter the inner 50-yard portion of the security zone closest to the 
vessel.
    (e) Notice of security zone. The COTP will inform the public of the 
existence or status of the security zones around escorted vessels in the 
regulated area by Broadcast Notice to Mariners. Coast Guard assets or 
other Federal, State or local law enforcement agency assets will be 
clearly identified by lights, vessel markings, or with agency insignia. 
When escorted vessels are moored, dayboards or other visual indications 
such as lights or buoys may be used.
    (f) Contact information. The COTP Charleston may be reached via 
phone at (843) 724-7616. Any on scene Coast

[[Page 709]]

Guard or designated representative assets may be reached via VHF-FM 
channel 16.

[USCG-2007-0115, 73 FR 30562, May 28, 2008]



Sec. 165.770  Security Zone: HOVENSA Refinery, St. Croix, U.S. Virgin Islands.

    (a) Regulated area. The Coast Guard is establishing a security zone 
in and around the HOVENSA Refinery on the south coast of St. Croix, U.S. 
Virgin Islands. This security zone includes all waters from surface to 
bottom, encompassed by an imaginary line connecting the following 
points: Point 1 in position 17[deg]41[min]31[sec] N, 
064[deg]45[min]09[sec] W; Point 2 in position 17[deg]39[min]36[sec] N, 
064[deg]44[min]12[sec] W; Point 3 in position 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 the water's 
edge to the point of origin. These coordinates are based upon North 
American Datum 1983 (NAD 1983).
    (b) Regulations. (1) Under Sec. 165.33, entry into or remaining 
within the regulated area in paragraph (a) of this section is prohibited 
unless authorized by the Coast Guard Captain of the Port San Juan or 
vessels have a scheduled arrival at HOVENSA, Limetree Bay, St. Croix, in 
accordance with the Notice of Arrival requirements of 33 CFR part 160, 
subpart C.
    (2) Persons and vessels desiring to transit the Regulated Area may 
contact the U.S. Coast Guard Captain of the Port San Juan at telephone 
number 787-289-2041 or on VHF channel 16 (156.8 MHz) to seek permission 
to transit the area. If permission is granted, all persons and vessels 
must comply with the instructions of the Captain of the Port.

[USCG-2008-0284, 73 FR 27746, May 14, 2008]



Sec. 165.771  Safety Zone; Bahia de Ponce, Puerto Rico

    (a) Location. The following area is established as a safety zone 
during the specified conditions:
    (1) A 100 yard radius around any vessel carrying Liquefied Natural 
Gas (LNG) cargo while transiting north of Latitude 17[deg]54[min]00[sec] 
N in the waters of the Caribbean Sea and the Bahia de Ponce, on approach 
to or departure from the Puerto de Ponce waterfront facility in Bahia de 
Ponce.
    (2) The waters within 150 feet of any vessel carrying LNG cargo 
while moored at the Puerto de Ponce waterfront facility in Bahia de 
Ponce, between berths 4 and 7 at approximate position 
17[deg]58[min]12[sec]N, 066[deg]37[min]08[sec] W.
    (b) Definitions. The following definitions apply to this section:
    Designated representative means Coast Guard Patrol Commander 
including Coast Guard coxswains, petty officers and other officers 
operating Coast Guard vessels and federal, state, and local officers 
designated by or assisting the COTP San Juan in the enforcement of the 
safety zone.
    (c) Regulations. In accordance with the general regulations in Sec. 
165.23 of this part, anchoring, mooring or transiting in these zones is 
prohibited unless authorized by the Coast Guard Captain of the Port or a 
designated representative. Persons and vessels desiring to transit the 
Regulated Area may contact the U.S. Coast Guard Captain of the Port San 
Juan at telephone number 787-289-2041 or on VHF channel 16 (156.9 MHz).
    (d) Enforcement periods. The Coast Guard will notify the maritime 
community of effective periods via a broadcast notice to mariners on VHF 
Marine Band Radio, Channel 22A (156.8 MHz).

[USCG-2007-0075, 73 FR 54951, Sept. 24, 2008]



Sec. 165.773  Security Zone; Escorted Vessels in Captain of the Port Zone 

Jacksonville, Florida.

    (a) Definitions. The following definitions apply to this section:
    COTP means Captain of the Port Jacksonville, FL.
    Designated representatives means Coast Guard Patrol Commanders 
including Coast Guard coxswains, petty officers and other officers 
operating Coast Guard vessels or aircraft, and federal, state, and local 
officers designated by or assisting the COTP, in the enforcement 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 one or more Coast 
Guard assets or other Federal, State, or local law enforcement agency 
assets clearly

[[Page 710]]

identifiable by lights, vessel markings, or with agency insignia as 
follows:
    (1) Coast Guard surface or air asset displaying the Coast Guard 
insignia.
    (2) State and/or local law enforcement asset displaying the 
applicable agency markings and/or equipment associated with the agency.
    (3) When escorted vessels are moored, dayboards or other visual 
indications such as lights or buoys may be used. In all cases, broadcast 
notice to mariners will be issued to advise mariners of these 
restrictions.
    Minimum safe speed means the speed at which a vessel proceeds when 
it is fully off plane, completely settled in the water and not creating 
excessive wake. Due to the different speeds at which vessels of 
different sizes and configurations may travel while in compliance with 
this definition, no specific speed is assigned to minimum safe speed. In 
no instance should minimum safe speed be interpreted as a speed less 
than that required for a particular vessel to maintain steerageway. A 
vessel is not proceeding at minimum safe speed 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 within Captain 
of the Port Zone, Jacksonville, Florida as defined in 33 CFR 3.35-20.
    (c) Security zone. A 500-yard security zone is established around 
each escorted vessel within the regulated area described in paragraph 
(b) of this section. This is a moving security zone when the escorted 
vessel is in transit and becomes a fixed zone when the escorted vessel 
is anchored or moored. A security zone will not extend beyond the 
boundary of the regulated area in this section.
    (d) Regulations. (1) The general regulations for security zones 
contained in Sec. 165.33 of this part applies to this section.
    (2) A vessel may request the permission of the COTP or a designated 
representative to enter the security zone described in paragraph (c) of 
this section. If permitted to enter the security zone, a vessel must 
proceed at the minimum safe speed and must comply with the orders of the 
COTP or a designated representative. No vessel or person may enter the 
inner 100-yard portion of the security zone closest to the vessel.
    (e) Notice of security zone. The COTP will inform the public of the 
existence or status of the security zones around escorted vessels in the 
regulated area by Broadcast Notice to Mariners. Coast Guard assets or 
other Federal, State or local law enforcement agency assets will be 
clearly identified by lights, vessel markings, or with agency insignia. 
When escorted vessels are moored, dayboards or other visual indications 
such as lights or buoys may be used.
    (f) Contact information. The COTP Jacksonville may be reached via 
phone at (904) 564-7513. Any on scene Coast Guard or designated 
representative assets may be reached via VHF-FM channel 16.

[USCG-2008-0203, 73 FR 28710, May 19, 2008]



Sec. 165.775  Safety Zone; Captain of the Port Zone Jacksonville; Offshore 

Cape Canaveral, Florida.

    (a) Regulated area. (1) Zone (A) is defined by four latitude and 
longitude corner points. Zone A originates from the baseline at position 
28[deg]45.7[min] N, 080[deg]42.7[min] W; then proceeds northeast to 
28[deg]50.1[min] N, 080[deg]29.9[min] W; then proceeds southeast to 
28[deg]31.3[min] N, 080[deg]19.6[min] W; then proceeds west back to the 
baseline at position 28[deg]31.3[min] N, 080[deg]33.4[min] W.
    (2) Zone (B) is defined by four latitude and longitude corner 
points. Zone B originates from the baseline at position 28[deg]40.1[min] 
N, 080[deg]38.4[min] W; then proceeds northeast to 28[deg]48.8[min] N, 
080[deg]28.9[min] W; then proceeds southeast to 28[deg]29.7[min] N, 
080[deg]18.9[min] W; then proceeds west back to the baseline at position 
28[deg]29.7[min] N, 080[deg]31.6[min] W.
    (3) Zone (C) is defined by four latitude and longitude corner 
points. Zone C originates from the baseline at position 28[deg]36.2[min] 
N, 080[deg]35.3[min] W; then proceeds northeast to 28[deg]45.6[min] N, 
080[deg]25.2[min] W; then proceeds south to 28[deg]26[min] N, 
080[deg]20.8[min] W; then proceeds west back to the baseline at position 
28[deg]26[min] N, 080[deg]34.4[min] W.
    (4) Zone (D) is defined by four latitude and longitude corner 
points. Zone D originates from the baseline at position 28[deg]31.6[min] 
N, 080[deg]34[min] W; then proceeds east to 28[deg]31.6[min] N, 
080[deg]20.1[min] W; then proceeds south to 28[deg]16.7[min] N, 
080[deg]23.3[min] W;

[[Page 711]]

then proceeds northwest back to the baseline at position 
28[deg]21.6[min] N, 080[deg]36.1[min] W.
    (b) Definitions. The following definitions apply to this section:
    Designated representative means Coast Guard Patrol Commanders 
including Coast Guard coxswains, petty officers and other officers 
operating Coast Guard vessels, and federal, state, and local officers 
designated by or assisting the Captain of the Port (COTP) Jacksonville 
in the enforcement of regulated navigation areas, safety zones, and 
security zones.
    (c) Regulations. In accordance with the general regulations in Sec. 
165.23 of this part, anchoring, mooring or transiting in this zone is 
prohibited unless authorized by the Coast Guard Captain of the Port 
Jacksonville or his designated representative.
    (d) Notice of a safety zone. The proposed safety zones are temporary 
in nature and will only be enacted and enforced prior to, and just after 
a successful launch. The COTP will inform the public of the existence or 
status of the safety zone(s) by Broadcast Notice to Mariners on VHF-FM 
channel 16, Public Notice, on-scene presence, and by the display of a 
yellow ball from a 90-foot pole near the shoreline at approximately 
28[deg]35[min]00[sec] N, 080[deg]34[min]36[sec] W, and from a 90-foot 
pole near the shoreline at approximately 28[deg]25[min]18[sec] N, 
080[deg]35[min]00[sec] W. Coast Guard assets or other Federal, State, or 
local law enforcement assets will be clearly identified by lights, 
markings, or with agency insignia.
    (e) Contact information. The COTP Jacksonville may be reached by 
telephone at (904) 564-7513. Any on-scene Coast Guard or designated 
representative assets may be reached on VHF-FM channel 16.

[USCG-2008-0411, 74 FR 14728, Apr. 1, 2009]



Sec. 165.776  Security Zone; Coast Guard Base San Juan, San Juan Harbor, 

Puerto Rico

    (a) Location. The following area is a security zone: All waters from 
surface to bottom, encompassed by an imaginary line connecting the 
following points, beginning at 18[deg]27[min]39[sec] N, 
066[deg]06[min]56[sec] W; then east to Point 2 at 18[deg]27[min]39[sec] 
N, 066[deg]06[min]52[sec] W; then south to Point 3 at 
18[deg]27[min]35[sec] N, 066[deg]06[min]52[sec] W; then southwest to 
Point 4 at 18[deg]27[min]30[sec] N, 066[deg]06[min]59[sec] W; then 
northeast to Point 5 at 18[deg]27[min]25[sec] N, 066[deg]07[min]07[sec] 
W; then north to Point 6 at 18[deg]27[min]46[sec] N, 
066[deg]07[min]10[sec] W; then back to shore at the northwest end of the 
CG facility at Point 7 at 18[deg]27[min]46[sec] N, 
066[deg]07[min]07[sec] W. These coordinates are based upon North 
American Datum 1983.
    (b) Definitions. As used in this section--
    Vessel means every description of watercraft or other artificial 
contrivance used, or capable of being used, as a means of transportation 
on water, except U.S. Coast Guard or U.S. naval vessels.
    (c) Regulations. (1) No person or vessel may enter into the security 
zone described in paragraph (a) of this section unless authorized by the 
Captain of the Port San Juan.
    (2) Vessels seeking to enter the security zone established in this 
section may contact the COTP on VHF channel 16 or by telephone at (787) 
289-2041 to request permission.

[USCG-2008-0440, 74 FR 9769, Mar. 6, 2009]



Sec. 165.777  Security Zone; West Basin, Port Canaveral Harbor, Cape 

Canaveral, Florida.

    (a) Regulated area. The following area is a security zone: All 
waters of the West Basin of Port Canaveral Harbor northwest of an 
imaginary line between two points: 28[deg]24[min]57.88[sec] N, 
080[deg]37[min]25.69[sec] W to 28[deg]24[min]37.48[sec] N, 
080[deg]37[min]34.03[sec] W.
    (b) Requirement. (1) This security zone will be activated 4 hours 
prior to the scheduled arrival of a cruise ship at the West Basin of 
Port Canaveral Harbor during MARSEC Levels 2 and 3 or when the COTP 
determines there is a specified credible threat during MARSEC Level 1. 
This security zone will not be deactivated until the departure of all 
cruise ships from the West Basin. The zone is subject to enforcement 
when it is activated.
    (2) Under general security zone regulations of 33 CFR 165.33, no 
vessel or person may enter or navigate within the regulated area unless 
specifically authorized by the COTP or the COTP's designated 
representative. Any person

[[Page 712]]

or vessel authorized to enter the security zone must operate in strict 
conformance with any direction given by the COTP or a designated 
representative and leave the security zone immediately if so ordered.
    (3) The public will be notified when the security zone is activated 
by the display of a red ball on a 50-foot pole located at the east end 
of Cruise Ship terminal 10. This red ball will be lowered when the 
security zone is deactivated. To ensure boaters are given sufficient 
knowledge of the security zone, the Coast Guard will continuously 
broadcast the activations of the zone and law enforcement vessels will 
be on scene to inform boaters that the zone has been activated. Vessels 
encroaching on the security zone will be issued a Public Notice which 
clearly states the location of the security zone and the times it will 
be enforced. This will be the boater's first warning prior to 
enforcement action being taken.
    (c) Definitions. The following definition applies to this section:
    Designated representative means Coast Guard Patrol Commanders 
including Coast Guard coxswains, petty officers and other officers 
operating Coast Guard vessels, and federal, state, and local law 
enforcement officers designated by or assisting the COTP in the 
enforcement of the security zone.
    (d) Captain of the Port contact information. If you have questions 
about this regulation, please contact the Sector Command Center at (904) 
564-7513.
    (e) Enforcement periods. This section will only be subject to 
enforcement when the security zone described in paragraph (a) is 
activated as specified in paragraph (b)(1) of this section.

[USCG-2008-0752, 74 FR 15856, Apr. 8, 2009]



Sec. 165.778  Security Zone; Port of Mayaguez, Puerto Rico.

    (a) Security zone. A moving and fixed security zone is established 
around all cruise ships entering, departing, mooring, or anchoring in 
the Port of Mayaguez, Puerto Rico. The regulated area includes all 
waters from surface to bottom within a 50-yard radius of the vessel. The 
zone is activated when a cruise ship on approach to the Port of Mayaguez 
enters within 1 nautical mile of the Bahia de Mayaguez Range Front Light 
located in position 18[deg]13[min]12[sec] N 067[deg]10[min]46[sec] W. 
The zone is deactivated when a cruise ship departs the Port of Mayaguez 
and is no longer within 1 nautical mile of the Bahia de Mayaguez Range 
Front Light.
    (b) Definitions. As used in this section:
    Cruise ship means any vessel over 100 gross registered tons, 
carrying more than 12 passengers for hire.
    Designated representative means Coast Guard Patrol Commanders 
including Coast Guard coxswains, petty officers and other officers 
operating Coast Guard vessels and Federal, State, and local officers 
designated by or assisting the Captain of the Port San Juan in the 
enforcement of the security zone.
    Vessel means every description of watercraft or other artificial 
contrivance used, or capable of being used, as a means of transportation 
on water, except U.S. Coast Guard or U.S. Naval vessels and servicing 
pilot and tug boats.
    (c) Regulations. (1) No person or vessel may enter into the security 
zone under this section unless authorized by the Captain of the Port San 
Juan.
    (2) Vessels seeking to enter a security zone established in this 
section, may contact the COTP on VHF channel 16 or by telephone at (787) 
289-2041 to request permission.
    (3) All persons and vessels granted permission to enter the security 
zone must comply with the orders of the Captain of the Port San Juan 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.
    (d) Effective period. This section is effective on April 29, 2009.

[USCG-2008-0070, 74 FR 14049, Mar. 30, 2009]

                       Eighth Coast Guard District



Sec. 165.T08-290  Safety Zone; Gulf of Mexico--Johns Pass, Florida.

    (a) Regulated area. The Coast Guard is establishing a temporary 
safety zone on the waters of the Gulf of Mexico, Florida, in the 
vicinity of the John's Pass Bridge, that includes all the waters from 
surface to bottom, within a

[[Page 713]]

100-yard radius of the following coordinates: 27[deg]46[min]58[sec] N, 
082[deg]46[min]57[sec] W. All coordinates referenced use datum: NAD 83.
    (b) Definitions. The following definition applies to this section:
    Designated representative means Coast Guard Patrol Commanders 
including Coast Guard coxswains, petty officers and other officers 
operating Coast Guard vessels, and federal, state, and local officers 
designated by or assisting the Captain of the Port (COTP) St. 
Petersburg, Florida, in the enforcement of regulated navigation areas 
and safety and security zones.
    (c) Regulations. In accordance with the general regulations in Sec. 
165.23 of this part, no person or vessel may anchor, moor or transit the 
Regulated Area without the prior permission of the Captain of the Port 
St. Petersburg, Florida, or a designated representative.
    (d) Dates. This rule is effective until the bridge construction is 
completed tentatively scheduled for July 2010.
    (e) Enforcement. This regulated area will only be enforced while 
construction operations are taking place. The Coast Guard does not know 
the exact dates of the construction operations at this time, however 
Sector St. Petersburg will announce each enforcement period by 
publishing the restriction in the local notice to mariners and issuing 
Broadcast Notice to Mariners 24 to 48 hours prior to the start of 
enforcement. Additionally, on-scene notice will be provided by Coast 
Guard or other local law enforcement maritime units enforcing the safety 
zone.

    Effective Date Note: By USCG-2008-0290, 73 FR 51942, Sept. 8, 2008, 
temporary Sec. 165.T08-290 was added, effective Aug. 29, 2008 through 
Aug. 30, 2010.



Sec. 165.802  Lower Mississippi River, vicinity of Old River Control 

Structure--Safety Zone.

    (a) The area enclosed by the following boundary is a safety zone--
from the Black Hawk Point Light, mile 316.1 AHP LMR to a point opposite 
Ft. Adams Light, mile 311.5 AHP along the low water reference plane 
above the right descending bank; thence to the levee on a line 
perpendicular to the channel centerline; thence along the levee to the 
upstream end of the Old River Overbank structure; thence along a line to 
the Black Hawk Point Light.
    (b) Any vessel desiring to enter this safety zone must first obtain 
permission from the Captain of the Port, New Orleans. The resident 
engineer at Old River Control Structure (WUG-424) is delegated the 
authority to permit entry into this safety zone.

[CGD8-87-10, 53 FR 15207, Apr. 28, 1988, as amended by CGD8 89-03, 54 FR 
16108, Apr. 21, 1989]



Sec. 165.803  Mississippi River--regulated navigation area.

    The following is a Regulated Navigation Area--The waters of the 
Mississippi River between miles 88 and 240 above Head of Passes.
    (a) Definitions. As used in this section:
    (1) Breakaway means a barge that is adrift and is not under the 
control of a towing vessel.
    (2) COTP means the Captain of the Port, New Orleans.
    (3) Fleet includes one or more tiers.
    (4) Fleeting facility means the geographic area along or near a 
river bank at which a barge mooring service, either for hire or not for 
hire, is established.
    (5) Mooring barge or spar barge means a barge moored to mooring 
devices and to which other barges may be moored.
    (6) Mooring device includes a deadman, anchor, pile or other 
reliable holding apparatus.
    (7) Person in charge includes any owner, agent, pilot, master, 
officer, operator, crewmember, supervisor, dispatcher or other person 
navigating, controlling, directing or otherwise responsible for the 
movement, action, securing, or security of any vessel, barge, tier, 
fleet or fleeting facility subject to the regulations in this section.
    (8) Tier means barges moored interdependently in rows or groups.
    (b) Waivers: (1) The COTP may, upon written request, except as 
allowed in paragraph (3) of this subsection, waive any regulation in 
this section if it is found that the proposed operation can be conducted 
safely under the terms of that waiver.

[[Page 714]]

    (2) Each written request for a waiver must state the need for the 
waiver and describe the proposed operation.
    (3) Under unusual circumstances due to time constraints, the person 
in charge may orally request an immediate waiver from the COTP. The 
written request for a waiver must be submitted within five working days 
after the oral request.
    (4) The COTP may, at any time, terminate any waiver issued under 
this subsection.
    (c) Emergencies. In an emergency, a person may depart from any 
regulation in this section to the extent necessary to avoid immediate 
danger to persons, property or the environment.
    (d) Mooring: General. (1) No person may secure a barge to trees or 
to other vegetation.
    (2) No person may allow a barge to be moored with unraveled or 
frayed lines or other defective or worn mooring.
    (3) No person may moor barges side to side unless they are secured 
to each other from fittings as close to each corner of abutting sides as 
practicable.
    (4) No person may moor barges end to end unless they are secured to 
each other from fittings as close to each corner of abutting ends as 
practicable.
    (e) Mooring to a mooring device. (1) A barge may be moored to 
mooring devices if the upstream end of that barge is secured to at least 
one mooring device and the downstream end is secured to at least one 
other mooring device, except that from mile 127 to mile 240 a barge may 
be moored to mooring devices if the upstream end of that barge is 
secured to at least one mooring device.
    (2) Barges moored in tiers may be shifted to mooring devices if the 
shoreward barge at the upstream end of the tier is secured to at least 
one mooring device, and the shoreward barge at the downstream end of the 
tier is secured to at least one other mooring device, except that from 
mile 127 to mile 240 barges moored in tiers may be shifted to mooring 
devices if the shoreward barge at the upstream end of the tier is 
secured to at least one mooring device.
    (3) Each wire rope used between the upstream end of a barge and a 
mooring device must have at least a diameter of 1\1/4\ inch. Chain or 
line used between the upstream end of a barge and a mooring device must 
be at least equivalent in strength to 1\1/4\ inch diameter wire rope.
    (4) Each wire rope used between the downstream end of a barge and a 
mooring device must have at least a diameter of \7/8\ inch. Chain or 
line used between the downstream end of a barge and a mooring device 
must be of at least equivalent strength of \7/8\ inch diameter wire 
rope.
    (f) Moorings: Barge-to-barge; barge-to-vessel; barge-to-wharf or 
pier. The person in charge shall ensure that a barge moored to another 
barge, a mooring or spar barge, a vessel, a wharf, or a pier, is secured 
as near as practicable to each abutting corner of the barge being moored 
by:
    (1) Three parts of wire rope of at least \7/8\ inch diameter with an 
eye at each end of the rope passed around the timberhead, caval, or 
button;
    (2) A mooring of natural or synthetic fiber rope that has at least 
75 percent of the breaking strength of three parts of \7/8\ inch 
diameter wire rope; or
    (3) Fixed rigging that is at least equivalent to three parts of \7/
8\ inch diameter wire rope.
    (g) Mooring: Person in charge. (1) The person in charge of a barge, 
tier, fleet or fleeting facility shall ensure that the barge, tier, 
fleet or fleeting facility meets the requirements in paragraphs (d) and 
(e) of this section.
    (2) The person in charge shall ensure that all mooring devices, 
wires, chains, lines and connecting gear are of sufficient strength and 
in sufficient number to withstand forces that may be exerted on them by 
moored barges.
    (h) Fleeting facility: inspection of moorings. (1) The person in 
charge of a fleeting facility shall assign a person to inspect moorings 
in accordance with the requirements in paragraph (h)(2) of this section.
    (2) The person assigned to inspect moorings shall inspect:
    (i) At least twice each day during periods that are six hours or 
more apart, each mooring wire, chain, line and connecting gear between 
mooring devices and each wire, line and connecting equipment used to 
moor each barge; and

[[Page 715]]

    (ii) After a towboat adds barges to, withdraws barges from, or moves 
barges at a fleeting facility, each mooring wire, line, and connecting 
equipment of each barge within each tier affected by that operation.
    (3) The person who inspects moorings shall take immediate action to 
correct each deficiency.
    (i) Fleeting facility: Records. The person in charge of a fleeting 
facility shall maintain, and make available to the Coast Guard, records 
containing the following information:
    (1) The time of commencement and termination of each inspection 
required in paragraph (h)(2) of this section.
    (2) The name of each person who makes the inspection required in 
paragraph (h)(2) of this section.
    (3) The identification of each barge entering and departing the 
fleeting facility, along with the following information:
    (i) Date and time of entry and departure; and
    (ii) The names of any hazardous cargo which the barge is carrying.

    Note: The requirements in paragraph (i)(3) of this section for the 
listing of hazardous cargo refer to cargoes regulated by Subchapters D 
and O of Chapter I, Title 46, Code of Federal Regulations.

    (j) Fleeting facility: Surveillance. (1) The person in charge of a 
fleeting facility shall assign a person to be in continuous surveillance 
and to observe the barges in the fleeting facility. Joint use of this 
person by adjacent facilities may be considered upon submisssion of a 
detailed proposal for a waiver to the COTP.
    (2) The person who observes the barges shall:
    (i) Inspect for movements that are unusual for properly secured 
barges; and
    (ii) Take immediate action to correct each deficiency.
    (k) Fleeting facility: person in charge. The person in charge of a 
fleeting facility shall ensure that each deficiency found under the 
requirements of paragraph (h) or (j) of this section is corrected.
    (l) Securing breakaways. The person in charge shall take immediate 
action to:
    (1) Secure each breakaway; and
    (2) Report each breakaway as soon as possible to the COTP by 
telephone, radio or other means of rapid communication.
    (m) High water. (1) This subsection applies to barges on the 
Mississippi River between miles 88 and 240 above Head of Passes when:
    (i) The Carrollton gage stands 12 feet or more; or
    (ii) The Carrollton gage stands 10 feet, the U.S. Army Corps of 
Engineers forecasts the Mississippi River is rising to 12 feet, and the 
District Commander determines these circumstances to be especially 
hazardous and issues orders directing that paragraphs (m)(2) and (3) of 
this section are in effect.
    (2) During high water, the person in charge of a fleeting facility 
shall ensure compliance with the following requirements:
    (i) Each fleet consisting of eight or more barges must be attended 
by at last one radar-equipped towboat for each 100 barges or less. Joint 
use of this towboat by adjacent facilities may be considered upon 
submission of a detailed proposal for a waiver.
    (ii) Each fleet must have two or more towboats in attendance when:
    (A) Barges are withdrawn from or moved within the fleet and the 
fleet at the start of the operation contains eight or more barges; or
    (B) Barges are added to the fleet and the number of barges being 
added plus the fleet at the start of the operation total eight or more.
    (iii) Each towboat required in paragraphs (m)(2)(i) and (2)(ii) of 
this section must be:
    (A) Capable of safely withdrawing, moving or adding each barge in 
the fleet;
    (B) Immediately operational;
    (C) Radio-equipped;
    (D) Within 500 yards of the barges; and
    (iv) The person in charge of each towboat required in paragraphs 
(m)(2)(i) and (2)(ii) of this section shall maintain:
    (A) A continuous guard on the frequency specified by current Federal 
Communications Commission regulations found in Part 83 of Title 47, Code 
of Federal Regulations; and

[[Page 716]]

    (B) When moored, a continuous watch on the barges in the fleeting 
facility.
    (v) During periods when visibility is less than 200 yards, the 
person in charge of each towboat required in paragraph (m)(2)(i) of this 
subsection shall maintain, when moored, a continuous radar surveillance 
of the barges moored in the fleeting facility.
    (3) During high water when visibility is reduced to less than 200 
yards:
    (i) Tows may not be assembled or disassembled;
    (ii) No barge may be added to, withdrawn from or moved within a 
fleet except:
    (A) A single barge may be added to or withdrawn from the channelward 
or downstream end of the fleet; and
    (B) Barges made up in a tow may depart a fleet from the channelward 
or downstream end of the fleet; and
    (iii) No person in charge of a tow arriving in this regulated 
navigation area may moor unless the COTP is notified prior to arrival in 
the regulated navigation area.

[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD 82-020, 47 FR 
35483, Aug. 16, 1982; CGD 79-026, 48 FR 35408, Aug. 4, 1983; CGD 88-075, 
54 FR 14958, Apr. 14, 1989; CGD08-94-006, 59 FR 21935, Apr. 28, 1994; 
CGD08-94-006, 60 FR 37944, July 25, 1995]



Sec. 165.804  Snake Island, Texas City, Texas; mooring and fleeting of 

vessels--safety zone.

    (a) The following is a safety zone:
    (1) The west and northwest shores of Snake Island;
    (2) The Turning Basin west of Snake Island;
    (3) The area of Texas City Channel from the north end of the Turning 
Basin to a line drawn 000[deg] true from the northwesternmost point of 
Snake Island.
    (b) Special regulations. All vessels are prohibited from mooring, 
anchoring, or otherwise stopping in the safety zone, except in case of 
an emergency.
    (c) Barges are prohibited from fleeting or grounding in the zone.
    (d) In an emergency, vessels shall advise the Captain of the Port, 
Houston-Galveston, of the nature of the emergency via the most rapid 
means available.

[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by USCG-2000-7223, 65 
FR 40058, June 29, 2000]



Sec. 165.805  Security Zones; Calcasieu River and Ship Channel, Louisiana.

    (a) Location. (1) The following areas are designated as fixed 
security zones (all coordinates are based upon North American Datum of 
1983 [NAD 83]):
    (i) Trunkline LNG basin. All waters encompassed by a line connecting 
the following points, beginning at 30[deg]06[min]36[sec] N, 
93[deg]17[min]36[sec] W, south to a point 30[deg]06[min]33[sec] N, 
93[deg]17[min]36[sec] W, east to a point 30[deg]06[min]30[sec] N, 
93[deg]17[min]02[sec] W, north to a point 30[deg]06[min]33[sec] N, 
93[deg]17[min]01[sec] W, then tracing the shoreline along the water's 
edge to the point of origin.
    (ii) Cameron LNG basin. All waters encompassed by a line connecting 
the following points, beginning at 30[deg]02[min]33[sec] N, 
093[deg]19[min]53[sec] W, east to a point at 30[deg]02[min]34[sec] N, 
093[deg]19[min]50[sec] W, south to a point at 30[deg]02[min]10[sec] N, 
093[deg]19[min]52[sec] W and west to a point at 30[deg]02[min]10[sec] N, 
93[deg]19[min]59[sec] W, then tracing the shoreline along the water's 
edge to the point of origin.
    (iii) PPG Industries basin. All waters encompassed by a line 
connecting the following points: Beginning at 30[deg]13[min]29[sec] N, 
93[deg]16[min]34[sec] W, southwest to a point at 30[deg]13[min]11[sec] 
N, 93[deg]16[min]51[sec] W, then proceeding southerly following 100 feet 
off the shoreline to a point at 30[deg]12[min]57.2[sec] N, 
93[deg]16[min]53.2[sec] W, then east to a point at 
30[deg]12[min]57.2[sec] N, 93[deg]16[min]50.6[sec] W then southerly to a 
point at 30[deg]12[min]47.7[sec] N, 93[deg]16[min]50.3[sec] W then west 
to the shoreline and then following along the water's edge to the point 
of origin.
    (2) The following areas are moving security zones: All waters within 
the Captain of the Port, Port Arthur zone commencing at U.S. territorial 
waters and extending channel edge to channel edge on the Calcasieu 
Channel and shoreline to shoreline on the Calcasieu River, 2 miles ahead 
and 1 mile astern of certain designated vessels while in transit. 
Meeting, crossing or overtaking situations are not permitted within the 
security zone unless specifically authorized by the Captain of the Port. 
Coast Guard patrol assets will be

[[Page 717]]

on scene with flashing blue lights energized when the moving security 
zones are in effect.
    (b) Regulations. (1) Entry into or remaining in a fixed zone 
described in paragraph (a)(1) of this section is prohibited for all 
vessels except:
    (i) Commercial vessels operating at waterfront facilities within 
these zones;
    (ii) Commercial vessels transiting directly to or from waterfront 
facilities within these zones;
    (iii) Vessels providing direct operational or logistical support to 
commercial vessels within these zones;
    (iv) Vessels operated by the appropriate port authority or by 
facilities located within these zones; and
    (v) Vessels operated by federal, state, county, or municipal 
agencies.
    (2) Entry into or remaining in moving zones described in paragraph 
(a)(2) of this section is prohibited for all vessels except:
    (i) Moored vessels or vessels anchored in a designated anchorage 
area. A moored or an anchored vessel in a security zone described in 
paragraph (a)(2) of this section must remain moored or anchored unless 
it obtains permission from the Captain of the Port to do otherwise;
    (ii) Commercial vessels operating at waterfront facilities located 
within the zone;
    (iii) Vessels providing direct operational support to commercial 
vessels within a moving security zone;
    (iv) Vessels operated by federal, state, county, or municipal 
agencies.
    (3) Other persons or vessels requiring entry into security zones 
described in this section must request permission from the Captain of 
the Port, Port Arthur or designated representatives.
    (4) To request permission as required by these regulations, contact 
Marine Safety Unit Lake Charles at (337) 491-7800 or the on scene patrol 
vessel.
    (5) All persons and vessels within a security zone described in this 
section must comply with the instructions of the Captain of the Port, 
Port Arthur, designated on-scene U.S. Coast Guard patrol personnel or 
other designated representatives. On-scene U.S. Coast Guard patrol 
personnel include commissioned, warrant, and petty officers of the U.S. 
Coast Guard. Designated representatives include federal, state, local 
and municipal law enforcement agencies.
    (c) Informational broadcasts: The Captain of the Port, Port Arthur 
will inform the public when moving security zones have been established 
around vessels via Broadcast Notices to Mariners and written notice 
provided by escort vessels.

[USCG-2009-0317, 75 FR 18757, Apr. 13, 2010]



Sec. 165.806  Sabine Neches Waterway, Texas--regulated navigation area.

    (a) The following is a regulated navigation area--The Sabine Neches 
Waterway which includes the following waters: Sabine Pass Channel, Port 
Arthur Canal, Sabine Neches Canal, Neches River, Sabine River and all 
navigable waterways tributary thereto.
    (b) Unless otherwise authorized by the Captain of the Port, Port 
Arthur, Texas, tows on a hawser of 1000 gross tons or greater transiting 
the Sabine-Neches Waterway are prohibited unless such tows have a tug of 
sufficient horsepower made up to the tow in such a manner as to insure 
that complete and effective control is maintained throughout the 
transit. Inbound vessels only, may shift the tow or pick up an 
additional tug within 100 yards inside the entrance jetties provided 
that such action is necessary for reasons of prudent seamanship.

[CGD8-83-09, 49 FR 35500, Sept. 10, 1984]



Sec. 165.807  Calcasieu River, Louisiana--regulated navigation area.

    (a) The following is a regulated navigation area--The Calcasieu 
River from the Calcasieu jetties up to and including the Port of Lake 
Charles.
    (b) Unless otherwise authorized by the Captain of the Port, Port 
Arthur, Texas, tows on a hawser of 1000 gross tons or greater transiting 
the Calcasieu River are prohibited unless such tows have a tug of 
sufficient horsepower made up to the tow in such a manner as to insure 
that complete and effective control is maintained at all times. Inbound 
vessels only, may shift the tow or pick up an additional

[[Page 718]]

tug within 100 yards inside the entrance jetties provided that such 
action is necessary for reasons for prudent seamanship.

[CGD8-83-09, 49 FR 35500, Sept. 10, 1984]



Sec. 165.808  Corpus Christi Ship Channel, Corpus Christi, TX, safety zone.

    (a) The following areas are established as safety zones during 
specified conditions:
    (1) For incoming tank vessels loaded with Liquefied Petroleum Gas, 
the waters within a 500 yard radius of the LPG carrier while the vessel 
transits the Corpus Christi Ship Channel to the LPG receiving facility. 
The safety zone remains in effect until the LPG vessel is moored at the 
LPG receiving facility.
    (2) For outgoing tank vessels loaded with LPG, the waters within a 
500 yard radius of the LPG carrier while the vessel departs the LPG 
facility and transits the Corpus Christi Ship Channel. The safety zone 
remains in effect until the LPG vessel passes the seaward extremity of 
the Aransas Pass Jetties.
    (b) The general regulations governing safety zones contained in 33 
CFR 165.23 apply.
    (c) The Captain of the Port will notify the maritime community of 
periods during which this safety zone will be in effect by providing 
advance notice of scheduled arrivals and departures of loaded LPG 
vessels via a Marine Safety Information Broadcast Notice to Mariners.

[CGD 8-84-07, 50 FR 15744, Apr. 22, 1985; 50 FR 19933, May 13, 1985]



Sec. 165.809  Security Zones; Port of Port Lavaca-Point Comfort, Point 

Comfort, TX and Port of Corpus Christi Inner Harbor, Corpus Christi, TX.

    (a) Location. The following area is designated as a security zone: 
all waters of the Corpus Christi Inner Harbor from the Inner Harbor 
Bridge (U.S. Hwy 181) to, and including the Viola Turning Basin.
    (b) Regulations. (1) No recreational vessels, passenger vessels, or 
commercial fishing vessels may enter the security zone unless 
specifically authorized by the Captain of the Port Corpus Christi or a 
designated representative.
    (2) Recreational vessels, passenger vessels and commercial fishing 
vessels requiring entry into the security zone must contact the Captain 
of the Port Corpus Christi or a designated representative. The Captain 
of the Port may be contacted via VHF Channel 16 or via telephone at 
(361) 888-3162 to seek permission to transit the area. If permission is 
granted, all persons and vessels must comply with the instructions of 
the Captain of the Port, Corpus Christi or a designated representative.
    (3) Designated representatives include U.S. Coast Guard 
commissioned, warrant, and petty officers.
    (c) Authority. In addition to 33 U.S.C. 1231, the authority for this 
section includes 33 U.S.C. 1226.

[COTP Corpus Christi-02-003, 67 FR 64046, Oct. 17, 2002, as amended by 
COTP Corpus Christi-04-006, 70 FR 39178, July 7, 2005]



Sec. 165.810  Mississippi River, LA-regulated navigation area.

    (a) Purpose and applicability. This section prescribes rules for all 
vessels operating in the Lower Mississippi River below mile 233.9 above 
Head of Passes including South Pass and Southwest Pass, to assist in the 
prevention of allisions; collisions and groundings so as to ensure port 
safety and protect the navigable waters of the Mississippi River from 
environmental harm resulting from those incidents, and to enhance the 
safety of passenger vessels moored or anchored in the Mississippi River.
    (b) Lower Mississippi River below mile 233.9 above Head of Passes 
including South and Southwest Passes:
    (1) Supervision. The use, administration, and navigation of the 
waterways to which this paragraph applies shall be under the supervision 
of the District Commander, Eighth Coast Guard District.
    (2) Speed; high-water precautions. When passing another vessel (in 
motion, anchored, or tied up), a wharf or other structure, work under 
construction, plant engaged in river and harbor improvement, levees 
withstanding flood waters, building partially or wholly submerged by 
high water, or any other structure liable to damage by collision, 
suction or wave action, vessels shall give as much leeway as

[[Page 719]]

circumstances permit and reduce their speed sufficiently to preclude 
causing damages to the vessel or structure being passed. Since this 
subparagraph pertains directly to the manner in which vessels are 
operated, masters of vessels shall be held responsible for strict 
observance and full compliance therewith. During high river stages, 
floods, or other emergencies, the District Commander may prescribe by 
navigation bulletins or other means the limiting speed in land miles per 
hour deemed necessary for the public safety for the entire section or 
any part of the waterways covered by this paragraph, and such limiting 
speed shall be strictly observed.
    (3) Towing. Towing in any formation by a vessel with insufficient 
power to permit ready maneuverability and safe handling is prohibited.
    (c) Movement of vessels in vicinity of Algiers Point, New Orleans 
Harbor:
    (1) Control lights. When the Mississippi River reaches 8 feet on the 
Carrollton Gage on a rising stage, and until the gage reads 9 feet on a 
falling stage, the movement of all tugs with tows and all ships, whether 
under their own power or in tow, but excluding tugs or towboats without 
tows or river craft of comparable size and maneuverability operating 
under their own power, in the vicinity of Algiers Point shall be 
governed by red and green lights designated and located as follows: 
Governor Nicholls Light located on the left descending bank on the wharf 
shed at the upstream end of Esplanade Avenue Wharf, New Orleans, 
approximately 94.3 miles above Head of Passes; and Gretna Light located 
on the right descending bank on top of the levee at the foot of Ocean 
Avenue, Gretna, approximately 96.6 miles above Head of Passes. Governor 
Nicholls Light has lights visible from both upstream and downstream, and 
Gretna Light has lights visible from upstream, all indicating by proper 
color the direction of traffic around Algiers Point. From downstream, 
Gretna Light always shows green. All lights are visible throughout the 
entire width of the river and flash once every second. A green light 
displayed ahead of a vessel (in the direction of travel) indicates that 
Algiers Point is clear and the vessel may proceed. A red light displayed 
ahead of a vessel (in the direction of travel) indicates that Algiers 
Point is not clear and the vessel shall not proceed. Absence of lights 
shall be considered a danger signal and no attempt shall be made to 
navigate through the restricted area.

    Note: To provide advance information to downbound vessels whether 
the control light at Gretna (Gretna Light) is red or green, a traffic 
light is located at Westwego on the right descending bank, on the river 
batture at the end of Avenue B, approximately 101.4 miles above Head of 
Passes.

    (2) Ascending vessels. Ascending vessels shall not proceed farther 
up the river than a line connecting the upper end of Atlantic Street 
Discharge Light (on right descending bank) with the lower end of Desire 
Street Wharf (on left descending bank) when a red light is displayed. 
Vessels waiting for a change of signal shall keep clear of descending 
vessels.
    (3) Descending vessels. (i) Descending vessels shall not proceed 
farther down the river than a line connecting the lower end of Julia 
Street Wharf (on left descending bank) with the vertical flagpole at 
Eastern Associated Terminals (on right descending bank) when a red light 
is displayed. Vessels shall round to and be headed upstream before they 
reach that line, if the signal remains against the vessel. Vessels 
waiting for a change of signal shall keep clear of ascending vessels.
    (ii) Vessels destined to a wharf above the lower end of Julia Street 
Wharf shall signal the Gretna towerman three long blasts and one short 
blast of a whistle or horn to indicate that the vessel is not bound 
below the Julia Street Wharf.
    (iii) The master, pilot, or authorized representative of any vessel 
scheduled to depart from a wharf between Governor Nicholls Light and 
Louisiana Avenue, bound downstream around Algiers Point, shall 
communicate with the Governor Nicholls Light towerman by telephone to 
determine whether the channel at Algiers Point is clear before 
departure. When the point is clear, vessels shall then proceed promptly 
so that other traffic will not be unnecessarily delayed.


[[Page 720]]


    Note: Telephone numbers of both signal towers will be published in 
navigation bulletins in advance of each operating period.

    (4) Minor changes. The District Commander is authorized to waive 
operation or suspension of the lights whenever prospective river stages 
make it appear that the operation or suspension will be required for 
only a brief period of time or when river stages will rise or fall below 
the critical stage which is established for operation or suspension by 
only a few tenths on the Carrollton Gage.
    (5) Underpowered vessels. When the Carrollton Gage reads 12 feet or 
higher, any vessel which is considered by the master or pilot as being 
underpowered or a poor handler shall not navigate around Algiers Point 
without the assistance of a tug or tugs.
    (6) Towing. When the Carrollton Gage reads 12 feet or higher, towing 
on a hawser in a downstream direction between Julia Street and Desire 
Street is prohibited except by special permission of the District 
Commander.
    (d) Navigation of South and Southwest Passes.
    (1) No vessel, except small craft and towboats and tugs without 
tows, shall enter either South Pass or Southwest Pass from the Gulf 
until after any descending vessel which has approached within two and 
one-half (2\1/2\) miles of the outer end of the jetties and visible to 
the ascending vessel shall have passed to sea.
    (2) No vessel having a speed of less than ten mph shall enter South 
Pass from the Gulf when the stage of the Mississippi River exceeds 15 
feet on the Carrollton Gage at New Orleans. This paragraph does not 
apply when Southwest Pass is closed to navigation.
    (3) No vessel, except small craft and towboats and tugs without 
tows, ascending South Pass shall pass Franks Crossing Light until after 
a descending vessel shall have passed Depot Point Light.
    (4) No vessel, except small craft and towboats and tugs without 
tows, shall enter the channel at the head of South Pass until after an 
ascending vessel which has reached Franks Crossing Light shall have 
passed through into the river.
    (5) When navigating South Pass during periods of darkness no tow 
shall consist of more than one towed vessel other than small craft, and 
during daylight hours no tow shall consist of more than two towed 
vessels other than small craft. Tows may be in any formation. When 
towing on a hawser, the hawser shall be as short as practicable to 
provide full control at all times.
    (6) When towing in Southwest Pass during periods of darkness no tow 
shall consist of more than two towed vessels other than small craft, and 
during daylight hours no tow shall consist of more than three towed 
vessels other than small craft.
    (e) Watch requirements for anchored and moored passenger vessels.
    (1) Passenger vessels. Except as provided in paragraph (e)(2) of 
this section, each passenger vessel with one or more passengers on 
board, must--
    (i) Keep a continuously manned pilothouse; and
    (ii) Monitor river activities and marine VHF, emergency and working 
frequencies of the port, so as to be immediately available to take 
necessary action to protect the vessel, crew, and passengers if an 
emergency radio broadcast, danger signal, or visual or other indication 
of a problem is received or detected.
    (2) Each ferryboat, and each small passenger vessel to which 46 CFR 
175.110 applies, may monitor river activities using a portable radio 
from a vantage point other than the pilothouse.
    (f) Each self-propelled vessel of 1,600 or more gross tons subject 
to 33 CFR part 164 shall also comply with the following:
    (1) While under way in the RNA, each vessel must have an engineering 
watch capable of monitoring the propulsion system, communicating with 
the bridge, and implementing manual-control measures immediately when 
necessary. The watch must be physically present in the machinery spaces 
or in the machinery-control spaces and must consist of at least an 
appropriately licensed or credentialed engineer officer.
    (2) Before embarking a pilot when entering or getting under way in 
the RNA, the master of each vessel shall

[[Page 721]]

ensure that the vessel is in compliance with 33 CFR part 164.
    (3) The master shall ensure that the chief engineer has certified 
that the following additional operating conditions will be satisfied so 
long as the vessel is under way within the RNA:
    (i) The main propulsion plant is in all respects ready for 
operations including the main-propulsion air-start systems, fuel 
systems, lubricating systems, cooling systems, and automation systems;
    (ii) Cooling, lubricating, and fuel-oil systems are at proper 
operating temperatures;
    (iii) Main propulsion machinery is available to immediately respond 
to the full range of maneuvering commands any load-limiting programs or 
automatic acceleration-limiting programs that would limit the speed of 
response to engine orders beyond that needed to prevent immediate damage 
to the propulsion machinery are capable of being overridden immediately.
    (iv) Main-propulsion standby systems are ready to be immediately 
placed in service.
    (g) Movement of vessels in the vicinity of Eighty-One Mile Point, 
Geary LA mm 167.5-187.9 LMR. (1) Prior to proceeding upriver past MM 
167.5, LMR, Sunshine Bridge, vessels shall contact Vessel Traffic Center 
(VTC) New Orleans on VHF Channel 63A to check-in. Vessels must provide 
name, destination, confirm proper operation of their automated 
identification system (AIS) if required under 33 CFR 164.46 and, if 
applicable, size of tow and number of loaded and empty barges. At MM 
173.7, LMR, Bringier Point Light, ascending vessels shall contact VTC 
New Orleans and provide a follow-on position check. At both check-in and 
follow-on position check, VTC New Orleans will advise the vessel on 
traffic approaching Eighty-One Mile Point.
    (2) Prior to proceeding downriver past MM 187.9, LMR, COS-MAR 
Lights, vessels shall contact Vessel Traffic Center (VTC) New Orleans on 
VHF Channel 63A to check-in. Vessels must provide name, destination, 
confirm proper operation of their automated identification system (AIS) 
if required under 33 CFR 164.46 and, if applicable, size of tow and 
number of loaded and empty barges. At MM 183.9 LMR, Wyandotte Chemical 
Dock Lights, descending vessels shall contact VTC New Orleans and 
provide a follow-on position check. At both check-in and follow-on 
position check VTC New Orleans will advise the vessel on traffic 
approaching Eighty-One Mile Point.
    (3) All vessels getting underway between miles 167.5 and 187.9 must 
check-in with VTC New Orleans on VHF Channel 63A immediately prior to 
getting underway and must comply with the respective ascending and 
descending check-in and follow-on points listed in paragraphs (g)(1) and 
(g)(2) above.
    (4) Fleet vessels must check-in with VTC New Orleans if they leave 
their respective fleet or if they move into the main channel. Fleet 
vessels are not required to check-in if they are operating exclusively 
within 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 by CGD 78-080, 44 
FR 47933, Aug. 16, 1979; CGD 86-049, 51 FR 27840, Aug. 4, 1986. 
Redesignated by CGD 90-020, 59 FR 36324, July 15, 1994; CGD 95-033, 60 
FR 28333, May 31, 1995; CCGD08-97-020, 62 FR 58653, Oct. 30, 1997; 64 FR 
18813, Apr. 16, 1999; CGD08-07-007, 72 FR 41625, July 31, 2007; USCG-
2006-24371, 74 FR 11213, Mar. 16, 2009]



Sec. 165.811  Atchafalaya River, Berwick Bay, LA-regulated navigation area.

    (a) The following is a regulated navigation area: the waters of the 
Atchafalaya River in Berwick Bay bounded on the northside from 2,000 
yards north of the U.S. 90 Highway Bridge and on the southside from 
4,000 yards south of the Southern Pacific Railroad (SPRR) Bridge.
    (b) Within the regulated navigation area described in paragraph (a) 
of this section, Sec. 161.40 of this chapter establishes a VTS Special 
Area for waters within a 1000 yard radius of the SPRR Bridge.
    (c) When the Morgan City River gauge reads 3.0 feet or above mean 
sea level, in addition to the requirements set forth in Sec. 161.13 of 
this chapter, the requirements of paragraph (d) and (e) of this section 
apply to a towing vessel which will navigate:
    (1) under the lift span of the SPRR Bridge; or

[[Page 722]]

    (2) through the navigational opening of the U.S. 90 Highway Bridge: 
or
    (3) through the navigational opening of the Highway 182 Bridge.
    (d) Towing requirements. (1) Towing on a hawser is not authorized, 
except that one self-propelled vessel may tow one other vessel without 
barges upbound;
    (2) A towing vessel and barges must be arranged in tandem, except 
that one vessel may tow one other vessel alongside;
    (3) Length of tow must not exceed 1,180 feet; and
    (4) Tows with a box end in the lead must not exceed 400 feet in 
length.

    Note: The variation in the draft and the beam of the barges in a 
multi-barge tow should be minimized in order to avoid unnecessary strain 
on coupling wires.

    (e) Horsepower Requirement. (1) The following requirements apply to 
a towing vessel of 3,000 hp or less:

       Table 165.811(e)--Minimum Available Horsepower Requirement
                       [The greater value listed.]
------------------------------------------------------------------------
                            Daytime (sunrise to    Nighttime (sunset to
    Direction of tow              sunset)                sunrise)
------------------------------------------------------------------------
Upbound.................  400hp or (Length of     600hp or (Length of
                           tow--300ft) x 3.        tow--200ft) x 3.
Downbound...............  600hp or (Length of     600hp or (Length of
                           tow--200ft) x 3.        tow) x 3.
------------------------------------------------------------------------
Note: A 5% variance from the available horsepower is authorized.

    (2) All tows carrying cargoes of particular hazard as defined in 
Sec. 160.203 of this chapter must have available horsepower of at least 
600 hp or three times the length of tow, whichever is greater.
    (f) Notice of Requirements. Notice that these rules are anticipated 
to be put into effect, or are in effect, will be given by:
    (1) Marine information broadcasts;
    (2) Notices to mariners;
    (3) Vessel Traffic Center advisories or upon vessel information 
request; and

[CGD 90-020, 59 FR 36334, July 15, 1994, as amended by CGD 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 Buoy 

to Mile Marker 96.0, New Orleans, LA.

    (a) Location. Within the Lower Mississippi River and Southwest Pass, 
moving security zones are established around all cruise ships between 
the Southwest Pass Entrance Lighted Buoy ``SW'', at approximate position 
28[deg]52[min]42[sec] N, 89[deg]25[min]54[sec] W [NAD 83] and Lower 
Mississippi River mile marker 96.0 in New Orleans, Louisiana. These 
moving security zones encompass all waters within 500 yards of a cruise 
ship. These zones remain in effect during the entire transit of the 
vessel and continue while the cruise ship is moored or anchored.
    (b) Regulations. (1) Entry of persons and vessels into these zones 
is prohibited unless authorized as follows.
    (i) Vessels may enter within 500 yards but not closer than 100 feet 
of a cruise ship provided they operate at the minimum speed necessary to 
maintain a safe course.
    (ii) No person or vessel may enter within 100 feet of a cruise ship 
unless expressly authorized by the Coast Guard Captain of the Port New 
Orleans or his designated representative.
    (iii) Moored vessels or vessels anchored in a designated anchorage 
area are permitted to remain within 100 feet of a cruise ship while it 
is in transit.
    (2) Vessels requiring entry within 500 yards of a cruise ship that 
cannot slow to the minimum speed necessary to maintain a safe course 
must request express permission to proceed from the Captain of the Port 
New Orleans or his designated representative.
    (3) For the purpose of this rule the term ``cruise ship'' is defined 
as a passenger vessel over 100 gross tons, carrying more than 12 
passengers for hire, making a voyage lasting more than 24 hours, any 
part of which is on the high seas, and for which passengers are embarked 
or disembarked in the United States or its territories.
    (4) The Captain of the Port New Orleans will inform the public of 
the moving security zones around cruise ships via Marine Safety 
Information Broadcasts.

[[Page 723]]

    (5) To request permission as required by these regulations contact 
``New Orleans Traffic'' via VHF Channels 13/67 or via phone at (504) 
589-2780 or (504) 589-6261.
    (6) All persons and vessels within the moving security zones shall 
comply with the instructions of the Captain of the Port New Orleans and 
designated on-scene U.S. Coast Guard patrol personnel. On-scene U.S. 
Coast Guard patrol personnel include commissioned, warrant, and petty 
officers of the U.S. Coast Guard.
    (c) Authority. In addition to 33 U.S.C. 1231, the authority for this 
section includes 33 U.S.C. 1226.

[COTP New Orleans-02-005, 67 FR 61989, Oct. 3, 2002]



Sec. 165.813  Security Zones; Ports of Houston and Galveston, TX.

    (a) Location. Within the Ports of Houston and Galveston, Texas, 
moving security zones are established encompassing all waters within 500 
yards of a cruise ship between Galveston Bay Approach Lighted Buoy 
``GB'', at approximate position 29[deg]21[min]18[sec] N, 
94[deg]37[min]36[sec] W [NAD 83] and up to, and including, Barbours Cut. 
These zones remain in effect during the inbound and outbound entire 
transit of the cruise ship and continues while the cruise ship is moored 
or anchored.
    (b) Regulations. (1) Entry of vessels or persons into these zones is 
prohibited unless authorized as follows.
    (i) Vessels may enter within 500 yards but not closer than 100 yards 
of a cruise ship provided they operate at the minimum speed necessary to 
maintain a safe course.
    (ii) No person or vessel may enter within 100 yards of a cruise ship 
unless expressly authorized by the Coast Guard Captain of the Port 
Houston-Galveston. Where the Houston Ship Channel narrows to 400 feet or 
less between Houston Ship Channel Entrance Lighted Bell Buoy ``18'', 
light list no. 34385 at approximately 29[deg]21[min]06[sec] N, 
94[deg]47[min]00[sec] W [NAD 83] and Barbours Cut, the Captain of the 
Port Houston-Galveston may permit vessels that must transit the 
navigable channel between these points to enter within 100 yards of a 
cruise ship.
    (iii) Moored vessels or vessels anchored in a designated anchorage 
area are permitted to remain within 100 yards of a cruise ship while it 
is in transit.
    (2) Vessels requiring entry within 500 yards of a cruise ship that 
cannot slow to the minimum speed necessary to maintain a safe course 
must request express permission to proceed from the Captain of the Port 
Houston-Galveston, or his designated representative.
    (3) For the purpose of this section the term ``cruise ship'' is 
defined as a passenger vessel over 100 gross tons, carrying more than 12 
passengers for hire, making a voyage lasting more than 24 hours, any 
part of which is on the high seas, and for which passengers are embarked 
or disembarked in the United States or its territories.
    (4) The Captain of the Port Houston-Galveston will inform the public 
of the moving security zones around cruise ships via Marine Safety 
Information Broadcasts.
    (5) To request permission as required by these regulations contact 
``Houston Traffic'' via VHF Channels 11/12 or via phone at (713) 671-
5103.
    (6) All persons and vessels within the moving security zone shall 
comply with the instructions of the Captain of the Port Houston-
Galveston and designated on-scene U.S. Coast Guard patrol personnel. On-
scene U.S. Coast Guard patrol personnel include commissioned, warrant, 
and petty officers of the U.S. Coast Guard.
    (c) Authority. In addition to 33 U.S.C. 1231, the authority for this 
section includes 33 U.S.C. 1226.

[COTP Houston-Galveston-02-010, 67 FR 64048, Oct. 17, 2002]



Sec. 165.814  Security Zones; Captain of the Port Houston-Galveston Zone.

    (a) Location. The following areas are designated as security zones:
    (1) Houston, Texas. The Houston Ship Channel and all associated 
turning basins, bounded by a line drawn between Houston Ship Channel 
Light 132 (LLNR-24445) and Houston Ship Channel Light 133 (LLNR-24450) 
west to the T & N Rail Road Swing Bridge at the entrance to Buffalo 
Bayou, including all waters adjacent to the ship channel

[[Page 724]]

from shoreline to shoreline and the first 200 yards of connecting 
waterways.
    (2) Morgan's Point, Texas. The Barbours Cut Ship Channel and Turning 
Basin containing all waters west of a line drawn between Junction Light 
``Barbours Cut'' 29[deg]41[min]12[sec] N, 94[deg]59[min]12[sec] W (LLNR-
23525), and Houston Ship Channel Light 91, 29[deg]41[min]00[sec] N, 
94[deg]59[min]00[sec] W (LLNR-23375) (NAD 1983).
    (3) Bayport, TX. The Port of Bayport, Bayport Ship Channel and 
Bayport Turning Basin containing all waters south of latitude 
28[deg]36[min]45[sec] N and west of Bayport Ship Channel Light 9 (LLNR-
23295) (NAD 1983).
    (4) Texas City, Texas. The Port of Texas City Channel, Turning Basin 
and Industrial Canal containing all waters bounded by the area south and 
west of a line drawn from Texas City Channel Light 19 (LLNR 24810) 
through Cut B Inner Range Front Light (LLNR 24765) and terminating on 
land in position 29[deg]23[min]16[sec] N, 94[deg]53[min]15[sec] W (NAD 
1983).
    (5) Freeport, Texas. (i) The Dow Barge Canal, containing all waters 
of the Dow Barge Canal north of a line drawn between 28[deg]56.81[min] 
N/095[deg]18.33[min] W and 28[deg]56.63[min] N/095[deg]18.54[min] W (NAD 
1983).
    (ii) The Brazos Harbor, containing all waters west of a line drawn 
between 28[deg]56.45[min] N, 095[deg]20.00[min] W, and 28[deg]56.15[min] 
N, 095[deg]20.00[min] W (NAD 1983) at its junction with the Old Brazos 
River.
    (iii) The Dow Chemical plant, containing all waters of the Brazos 
Point Turning Basin within 100[min] of the north shore and bounded on 
the east by the longitude line drawn through 28[deg]56.58[min] N/
095[deg]18.64[min] W and on the west by the longitude line drawn through 
28[deg]56.64[min] N/095[deg]19.13[min] W (NAD 1983).
    (iv) The Seaway Teppco Facility, containing all waters of the Brazos 
Port Turning Basin bounded on the south by the shore, the north by the 
Federal Channel, on the east by the longitude line running through 
28[deg]56.44[min] N, 095[deg]18.83[min] W and 28[deg]56.48[min] N 
095[deg]18.83[min] W and on the West by the longitude line running 
through 28[deg]56.12[min] N, 095[deg]19.27[min] W and 28[deg]56.11[min] 
N, 095[deg]19.34[min] W (NAD 1983).
    (v) The Conoco Phillips Facility docks, containing all waters within 
100[min] of a line drawn from a point on shore at Latitude 
28[deg]55.96[min] N, Longitude 095[deg]19.77[min] W, extending west to a 
point on shore at Latitude 28[deg]56.19[min] N, Longitude 
095[deg]20.07[min] W (NAD 1983).
    (vi) The Freeport LNG Basin containing all waters shoreward of a 
line drawn between the eastern point at latitude 28[deg]56[min]25[sec] 
N, 095[deg]18[min]13[sec] W, and the western point at 
28[deg]56[min]28[sec] N, 095[deg]18[min]31[sec] W, east towards the 
jetties.
    (b) Regulations. (1) Entry of into these zones is prohibited except 
for the following:
    (i) Commercial vessels operating at waterfront facilities within 
these zones;
    (ii) Commercial vessels transiting directly to or from waterfront 
facilities within these zones;
    (iii) Vessels providing direct operational/logistic support to 
commercial vessels within these zones;
    (iv) Vessels operated by the appropriate port authority or by 
facilities located within these zones; and
    (v) Vessels operated by federal, state, county, or municipal 
agencies.
    (2) Other persons or vessels requiring entry into a zone described 
in this section must request express permission to enter from the 
Captain of the Port Houston-Galveston, or designated representative. The 
Captain of the Port Houston-Galveston's designated representatives are 
any personnel granted authority by the Captain of the Port Houston-
Galveston to receive, evaluate, and issue written security zone entry 
permits, or the designated on-scene U.S. Coast Guard patrol personnel 
described in paragraph (b)(4).
    (3) To request permission as required by these regulations contact 
``Houston Traffic'' via VHF Channels 11/12 or by phone at (713) 671-
5103.
    (4) All persons and vessels shall comply with the instructions of 
the Captain of the Port Houston-Galveston and designated on-scene U.S. 
Coast Guard patrol personnel. On-scene U.S. Coast Guard patrol personnel 
include commissioned, warrant, and petty officers of the U.S. Coast 
Guard.

[COTP Houston-Galveston-02-009, 67 FR 23593, May 5, 2003, as amended by 
USCG-2009-0501, 75 FR 8493, Feb. 25, 2010; USCG-2008-0124, 75 FR 11002, 
Mar. 10, 2010]

[[Page 725]]



Sec. 165.815  Ohio River at Louisville, KY; regulated navigation area.

    (a) The following is a regulated navigation area: The waters of the 
Ohio River from the Clark Memorial (Highway) Bridge at Mile 603.5, 
downstream to McAlpine Dam at Mile 604.4.
    (b) The general regulations governing regulated navigation area 
contained in 33 CFR part 165, subpart B apply.
    (c) No pleasure or fishing craft shall be operated within the 
regulated navigation area at any time without prior permission of the 
Captain of the Port, Louisville, Kentucky, except in case of emergency 
and except for passage through McAlpine Lock.

[CGD 2-89-04, 55 FR 23203, June 7, 1990. Redesignated by CGD 96-026, 61 
FR 33669, June 28, 1996]



Sec. 165.817  Arkansas River, Mile 118.2 to 125.4, Little Rock Arkansas--

regulated navigation area.

    (a) Location. The following is a regulated navigation area (RNA): 
The waters of the Arkansas River between mile 118.2 and mile 125.4.
    (b) Regulations. Transit of the RNA is limited during periods of 
high velocity flow, defined as the flow rate of 70,000 cubic feet per 
second or more at the Murray Lock and Dam at mile 125.4. The flow rate 
at this location is calculated by the U.S. Army Corps of Engineers on a 
regular and routine basis. This information will be distributed by 
announcements by Coast Guard Marine Information Broadcasts, publication 
in Coast Guard Local Notice to Mariners, and telephone or radio contact 
with the Lockmaster at Murray Lock and Dam.
    (c) Transit of the RNA during periods of high velocity flow may only 
occur under the following conditions:
    (1) Vessels may not meet or pass in the RNA.
    (2) No vessel shall anchor, stop, remain or drift without power at 
any time in the RNA.
    (3) All vessels shall continually monitor VHF-FM channel 13 on their 
radiotelephone while in or approaching the RNA.
    (4) Prior to entering the RNA, downbound vessels shall make a 
broadcast in the blind on VHF-FM channel 13 announcing their estimated 
time of departure from Murray Lock and Dam or from the mooring cells at 
mile 121.5 to ensure there are no upbound vessels within the RNA. If 
there is upbound traffic within the RNA, the downbound vessel shall not 
depart until the upbound vessel has passed through the RNA. After 
departing, vessels will proceed through the RNA, including all 
drawbridges located therein, without delay.
    (5) When upbound vessels reach mile 116, they shall make a broadcast 
in the blind on VHF-FM channel 13 announcing their estimated arrival 
time at the Rock Island Railroad Bridge at mile 118.2.
    (6) When a downbound vessel is already in the RNA, an upbound vessel 
shall adjust its speed so as to avoid a meeting situation in the RNA.
    (d) Refer to 33 CFR 117.123 for drawbridge operation regulations.

[CGD2-90-04, 57 FR 22176, May 27, 1992. Redesignated by CGD 96-026, 61 
FR 33669, June 28, 1996]



Sec. 165.818  Moving Security Zones, for certain vessels in Freeport Entrance 

Channel, Freeport, Texas.

    (a) Location. The following areas are security zones: All waters 
within the Captain of the Port Houston-Galveston Zone commencing at U.S. 
territorial waters through the Freeport Entrance Channel, from surface 
to bottom, one thousand (1000) yards ahead and astern and five hundred 
(500) yards on each side of any vessel that has a moving security zone 
established around it.
    (b) Regulations. Entry into or remaining in the zones described in 
paragraph (a) of this section is prohibited unless authorized as 
follows:
    (1) Moored vessels or vessels anchored in a designated anchorage 
area are permitted to remain moored or anchored if they come within a 
security zone described in paragraph (a) of this section. A moored or an 
anchored vessel in a security zone must remain moored or anchored unless 
it obtains permission from the Captain of the Port to do otherwise.
    (2) Commercial vessels operating at the waterfront facilities within 
these zones.

[[Page 726]]

    (3) Commercial vessel transiting directly to or from waterfront 
facilities within these zones.
    (4) Vessels providing direct operational/logistic support to 
commercial vessels within these zones.
    (5) Vessels operated by the port authority or by facilities located 
within these zones.
    (6) Vessels operated by Federal, State, county, or municipal 
agencies.
    (7) All persons and vessels within the moving security zone must 
comply with the instructions of the Captain of the Port Houston-
Galveston and designated on-scene U.S. Coast Guard patrol personnel. On-
scene U.S. Coast Guard patrol personnel include commissioned, warrant, 
and petty officers of the U.S. Coast Guard.
    (8) To request permission as required by these regulations, contact 
the Sector Houston-Galveston Command Center by telephone at (713) 671-
5113. In Freeport, vessels should contact the Captain of the Port's 
designated on-scene representative for the moving security zone on VHF 
Channel 16, or by telephone at (979) 233-7551.
    (c) Certain vessel definition. For the purposes of this section, 
certain vessel means any vessel within the 12 nautical mile U.S. 
Territorial Waters and bound for the Port of Freeport that is deemed to 
be in need of a moving security zone by the Captain of the Port, 
Houston-Galveston for security reasons. In making this determination, 
the Captain of the Port considers all relevant security factors, 
including but not limited to the presence of unusually harmful or 
hazardous substances and the risk to population or infrastructure.
    (d) Informational broadcasts. The Captain of the Port Houston-
Galveston will inform the public when moving security zones have been 
established around certain vessels via Broadcast Notice to Mariners on 
VHF channel 16 and 13. Vessels that have a moving security zone in place 
around them will display the international signal flag or pennant number 
five.
    (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.

[USCG-2008-0125, 75 FR 8490, Feb. 25, 2010]



Sec. 165.820  Security Zone; Ohio River Mile, 34.6 to 35.1, Shippingport, 

Pennsylvania.

    (a) Location. The following area is a security zone: The waters of 
the Ohio River, extending 200 feet from the shoreline of the left 
descending bank beginning from mile marker 34.6 and ending at mile 
marker 35.1.
    (b) Regulations. (1) Entry into or remaining in this zone is 
prohibited unless authorized by the Coast Guard Captain of the Port, 
Pittsburgh.
    (2) Persons and vessels desiring to transit the area of the security 
zone may contact the Captain of the Port Pittsburgh at telephone number 
412-644-5808 or on VHF channel 16 to seek permission to transit the 
area. If permission is granted, all persons and vessels must comply with 
the instructions of the Captain of the Port Pittsburgh or his designated 
representative.
    (c) Authority. In addition to 33 U.S.C. 1231, the authority for this 
section includes 33 U.S.C. 1226.

[COTP Pittsburgh-02-005, 67 FR 40163, June 12, 2002]



Sec. 165.821  Ohio River at Cincinnati, OH; regulated navigation area.

    (a) Location. The following is a regulated navigation area (RNA)--
The waters of the Ohio River between mile 466.0 and mile 473.0.
    (b) Activation. The restrictions in paragraphs (c) (1) through (4) 
are in effect from one-half hour before sunset to one-half hour after 
sunrise when the Cincinnati, Ohio, Ohio River Gauge is at or above the 
45 foot level. The Captain of the Port, Louisville, Kentucky will 
publish a notice in the Local Notice to Mariners and will make 
announcements by Coast Guard Marine Information Broadcasts whenever the 
river level measured at the gauge activates or terminates the navigation 
restrictions in this section.
    (c) Regulations. (1) Transit through the RNA by all downbound 
vessels towing cargoes regulated by Title 46 Code of Federal Regulations 
Subchapters D and O with a tow length exceeding 600 feet excluding the 
tow boat is prohibited.
    (2) No vessel shall loiter, anchor, stop, remain or drift without 
power at

[[Page 727]]

any time within the navigation channel of the RNA.
    (3) All commercial vessels shall continually monitor VHF-FM channel 
13 on their radiotelephone while in or approaching the RNA.
    (4) Between Ohio River miles 464.0 and 466.0, downbound vessels 
shall make a broadcast in the blind, on VHF-FM channel 13 announcing 
their estimated time of entering the RNA.

[CGD02-95-003, 61 FR 2417, Jan. 26, 1996. Redesignated by CGD 97-023, 62 
FR 33365, June 19, 1997, as amended by USCG-1998-3799, 63 FR 35533, June 
30, 1998]



Sec. 165.825  Security Zones; Captain of the Port St. Louis, Missouri.

    (a) Location. The following areas are security zones:
    (1) Fort Calhoun Nuclear Power Station Security Zone, Fort Calhoun, 
Nebraska--all waters of the Missouri River, extending 75 feet from the 
shoreline of the right descending bank beginning from mile marker 645.6 
and ending at mile marker 646.0.
    (2) Cooper Nuclear Station Security Zone, Brownville, Nebraska--all 
waters of the Missouri River, extending 250 feet from the shoreline of 
the right descending bank beginning from mile marker 532.5 and ending at 
mile marker 532.9.
    (3) Quad Cities Generating Station Security Zone, Cordova, 
Illinois--all waters of the Upper Mississippi River, extending 300 feet 
from the shoreline of the left descending bank beginning from mile 
marker 506.3 and ending at mile marker 507.3.
    (4) Prairie Island Nuclear Generating Facility Security Zone, Welch, 
Minnesota--all waters of the Upper Mississippi River, extending 300 feet 
from the shoreline of the right descending bank beginning from mile 
marker 798.0 and ending at 798.3.
    (5) Clinton Power Station Security Zone, Clinton, Illinois--all 
waters of Lake Clinton in Dewitt County in East Central Illinois bounded 
by a dam constructed near the confluence of Salt Creek River mile 56 and 
the north fork of Salt Creek. The zone extends out 600 feet from shore. 
Boundaries of the zone begin at 40[deg]10[min]30[sec] N, 
88[deg]50[min]30[sec] W; thence east to 40[deg]10[min]30[sec] N, 
88[deg]49[min]55[sec] W; thence south to 40[deg]10[min]15[sec] N, 
88[deg]49[min]55[sec] W; thence west to 40[deg]10[min]15[sec] N, 
88[deg]50[min]30[sec] W; thence returning north to the origin. These 
coordinates are based upon [NAD 83].
    (b) Regulations. (1) Entry into these security zones is prohibited 
unless authorized by the Coast Guard Captain of the Port, St. Louis or 
designated representative.
    (2) The Ft. Calhoun and Cooper security zones include a portion of 
the navigable channel of the Missouri River. All vessels that may safely 
navigate outside of the channel are prohibited from entering the 
security zone without the express permission of the Captain of the Port 
St. Louis or designated representative. Vessels that are required to use 
the channel for safe navigation are authorized entry into the zone but 
must remain within the channel unless expressly authorized by the 
Captain of the Port St. Louis or designated representative.
    (3) Persons or vessels requiring the Captain of the Port St. Louis' 
permission to enter the security zones must contact the Coast Guard 
Sector Upper Mississippi River at telephone number 319 524-7511 or on 
VHF marine channel 16 or Marine Safety Detachment Quad Cities at 
telephone number 309 782-0627 or the Captain of the Port, St. Louis at 
telephone number 314 539-3091, ext. 3500 in order to seek permission to 
enter the security zones. If permission is granted, all persons and 
vessels must comply with the instructions of the Captain of the Port, 
St. Louis or designated representative.
    (4) Designated representatives are commissioned, warrant, and petty 
officers of the U.S. Coast Guard.
    (c) Authority. In addition to 33 U.S.C. 1231, the authority for this 
section includes 33 U.S.C. 1226.

[COTP St. Louis-02-005, 67 FR 64043, Oct. 17, 2002]



Sec. 165.830  Regulated Navigation Area; Reporting Requirements for Barges 

Loaded with Certain Dangerous Cargoes, Inland Rivers, Eighth Coast Guard 

District.

    (a) Regulated Navigation Area. The following waters are a regulated 
navigation area (RNA): the Mississippi River above mile 235.0, Above 
Head of Passes, including all its tributaries; the

[[Page 728]]

Atchafalaya River above mile 55.0, including the Red River; the Ohio 
River and all its tributaries; and the Tennessee River from its 
confluence with the Ohio River to mile zero on the Mobile River and all 
other tributaries between these two rivers.
    (b) Applicability. This section applies to towing vessel operators 
and fleeting area managers responsible for CDC barges in the RNA. This 
section does not apply to:
    (1) Towing vessel operators responsible for barges not carrying CDCs 
barges, or
    (2) Fleet tow boats moving one or more CDC barges within a fleeting 
area.
    (c) Definitions. As used in this section--
    Barge means a non-self propelled vessel engaged in commerce, as set 
out in 33 CFR 160.204.
    Certain Dangerous Cargo or (CDC) includes any of the following:
    (1) Division 1.1 or 1.2 explosives as defined in 49 CFR 173.50.
    (2) Division 1.5D blasting agents for which a permit is required 
under 49 CFR 176.415 or, for which a permit is required as a condition 
of a Research and Special Programs Administration exemption.
    (3) Division 2.3 ``poisonous gas'', as listed in 49 CFR 172.101 that 
is also a ``material poisonous by inhalation'' as defined in 49 CFR 
171.8, and that is in a quantity in excess of 1 metric ton per barge.
    (4) Division 5.1 oxidizing materials for which a permit is required 
under 49 CFR 176.415 or, for which a permit is required as a condition 
of a Research and Special Programs Administration exemption.
    (5) A liquid material that has a primary or subsidiary 
classification of Division 6.1 ``poisonous material'' as listed in 49 
CFR 172.101 that is also a ``material poisonous by inhalation'', as 
defined in 49 CFR 171.8 and that is in a bulk packaging, or that is in a 
quantity in excess of 20 metric tons per barge when not in a bulk 
packaging.
    (6) Class 7, ``highway route controlled quantity'' radioactive 
material or ``fissile material, controlled shipment'', as defined in 49 
CFR 173.403.
    (7) Bulk liquefied chlorine gas and bulk liquefied gas cargo that is 
flammable and/or toxic and carried under 46 CFR 154.7.
    (8) The following bulk liquids--
    (i) Acetone cyanohydrin,
    (ii) Allyl alcohol,
    (iii) Chlorosulfonic acid,
    (iv) Crotonaldehyde,
    (v) Ethylene chlorohydrin,
    (vi) Ethylene dibromide,
    (vii) Methacrylonitrile,
    (viii) Oleum (fuming sulfuric acid), and
    (ix) Propylene oxide.
    CDC barge means a barge containing CDCs or CDC residue.
    Downbound means the tow is traveling with the current.
    Eighth Coast Guard District means the Coast Guard District as set 
out in 33 CFR 3.40-1.
    Fleeting area means any fleet, including any facility, located 
within the area covered by one single port.
    Fleet tow boat means any size vessel that is used to move, 
transport, or deliver a CDC barge within a fleeting area.
    Inland River Vessel Movement Center or (IRVMC) means the Coast Guard 
office that is responsible for collecting the information required by 
this section.
    Towing vessel means any size vessel that is used to move, transport, 
or deliver a CDC barge to a fleet or facility that is located in a 
different port than where the voyage originated.
    Towing vessel operator means the Captain or pilot who is on watch on 
board a towing vessel.
    Upbound means the tow is traveling against the current.
    (d) Regulations. The following must report to the Inland River 
Vessel Movement Center (IRVMC):
    (1) The towing vessel operator responsible for one or more CDC 
barges in the RNA must report all the information items specified in 
table 165.830(f), in paragraph (f) of this section, to the IRVMC:
    (i) Upon point of entry into the RNA with one or more CDC barges;
    (ii) Four hours before originating a voyage within the RNA with one 
or more CDC barges, except if the evolution of making up a tow with a 
CDC

[[Page 729]]

barge will take less than four hours before originating a voyage, and 
the towing vessel operator did not receive the order to make up a tow 
with a CDC barge in advance of four hours before originating the voyage 
with one or more CDC barges, in which case the towing vessel operator 
shall submit the required report to the IRVMC as soon as possible after 
receiving orders to make up a tow with one or more CDC barges;
    (iii) Upon dropping off one or more CDC barges at a fleeting area or 
facility;
    (iv) Upon picking up one or more additional CDC barges from a 
fleeting area or facility;
    (v) At designated reporting points, set forth in paragraph (e) of 
this section;
    (vi) When the estimated time of arrival (ETA) to a reporting point 
varies by 6 hours from the previously reported ETA;
    (vii) Any significant deviation from previously reported 
information;
    (viii) Upon departing the RNA with one or more CDC barges; and
    (ix) When directed by the IRVMC.
    (2) The fleeting area manager responsible for one or more CDC barges 
in the RNA must report all the information items specified in table 
165.830(g), in paragraph (g) of this section, to the IRVMC:
    (i) Once daily, report all CDC barges within the fleeting area;
    (ii) Upon moving one or more CDC barges within a fleeting area by a 
fleet tow boat;
    (iii) Any significant deviation from previously reported 
information; and
    (iv) When directed by the IRVMC.
    (3) Reports required by this section may be made by a company 
representative or dispatcher on behalf of the fleeting area manager.
    (4) Reports required by this section must be made to the IRVMC 
either by telephone to (866) 442-6089, by fax to (866) 442-6107, or by 
e-mail to [email protected]. A reporting form and e-mail link are 
available at http://www.uscg.mil/d8/Divs/M/IRVMC.htm.
    (5) The general regulations contained in 33 CFR 165.13 apply to this 
section.
    (e) Eighth Coast Guard District Inland River RNA Reporting points. 
Towing vessel operators responsible for one or more CDC barges in the 
RNA must make reports to the IRVMC at each point listed in this 
paragraph (e):
(1) Lower Mississippi River (LMR), between Mile Markers (M):
    (i) M 235.0-240.0 (Entering & Exiting RNA)
    (ii) M 338.0-343.0
    (iii) M 430.0-435.0
    (iv) M 520.0-525.0
    (v) M 621.0-626.0
    (vi) M 695.0-700.0
    (vii) M 772.0-777.0
    (viii) M 859.0-864.0
    (ix) M 945.0-950.0
(2) Upper Mississippi River (UMR), between Mile Markers (M) and 
          Departing Lock & Dam (L&D), unless otherwise indicated:
    (i) L&D 3
    (ii) L&D 4
    (iii) L&D 8
    (iv) L&D 11
    (v) L&D 14
    (vi) L&D 18
    (vii) L&D 21
    (viii) L&D 25
    (ix) Arriving Melvin Price L&D (downbound)
    (x) Departing Melvin Price L&D (upbound)
    (xi) M 150.0-145.0
    (xii) M 66.0-61.0
(3) Missouri River (MOR), between Mile Markers (M):
    (i) M 54.0-56.0
    (ii) M 115.0-117.0
    (iii) M 208.0-210.0
    (iv) M 326.0-328.0
    (v) M 397.0-399.0
    (vi) M 487.0-489.0
    (vii) M 572.0-574.0
    (viii) M 652.0-654.0
    (ix) M 745.0-750.0
(4) Illinois River (ILR), at Mile Marker (M) and Lock & Dam (L&D), as 
          indicated:
    (i) M 0.0
    (ii) Departing New LaGrange L&D
    (iii) M 140.0
    (iv) M 187.2 (Entering & Exiting RNA)
(5) Ohio River, between Mile Markers (M) and at Lock & Dam (L&D), as 
          indicated:
    (i) M 950.0-952.0
    (ii) Arriving Smithland L&D
    (iii) M 826.0-828.0
    (iv) M 748.0-750.0
    (v) M 673.0-675.0
    (vi) M 628.0-630.0
    (vii) M 556.0-559.0
    (viii) M 511.0-513.0
    (ix) Departing Capt Anthony Meldahl L&D
    (x) Arriving Greenup L&D (upbound)
    (xi) Departing Greenup L&D (downbound)
    (xii) Departing Robert C. Byrd L&D (upbound)
    (xiii) Arriving Robert C. Bryd L&D (downbound)
    (xiv) Departing Belleville L&D

[[Page 730]]

    (xv) Departing Hannibal L&D
    (xvi) Departing Montgomery L&D
(6) Allegheny River at Lock & Dam (L&D), as indicated:
    (i) Departing L&D 4 (upbound)
    (ii) Arriving L&D 4 (downbound)
(7) Monongahela River Departing Lock & Dam (L&D):
    (i) Grays Landing L&D
    (ii) L&D 3
(8) Kanawha River, at Lock & Dam (L&D), as indicated:
    (i) Arriving Winfield L&D (upbound)
    (ii) Departing Winfield L&D (downbound)
(9) Cumberland River, between Mile Markers (M) and Departing Lock & Dam 
          (L&D), unless otherwise indicated:
    (i) Departing Old Hickory L&D (upbound)
    (ii) Arriving Old Hickory L&D (downbound)
    (iii) M 127.0-129.0
    (iv) Barkley L&D
(10) Tennessee River, between Mile Markers (M) and when Departing Lock & 
          Dam (L&D), unless otherwise indicated:
    (i) Fort Loudon L&D
    (ii) Watts Bar L&D
    (iii) Departing Chickamauga L&D (upbound)
    (iv) Arriving Chickamauga L&D (downbound)
    (v) Nickajack L&D
    (vi) Gunterville L&D
    (vii) General Joe Wheeler L&D
    (viii) Pickwick Landing L&D
    (ix) M 122.0-124.0
    (x) Kentucky L&D
(11) Tennessee-Tombigbee River, between Mile Markers (M) and when 
          Departing Lock & Dam (L&D):
    (i) Lock D
    (ii) Aberdeen L&D
    (iii) Aliceville L&D
    (iv) M 202.0-203.0
    (v) Coffeeville L&D
(12) Mobile River, at Mile Marker (M):
    (i) 0.0 (Entering & Exiting RNA)
    (ii) [Reserved]
(13) Black Warrior River, when Departing L&D:
    (i) Holt L&D
    (ii) [Reserved]
(14) Alabama River, when Departing L&D:
    (i) Claiborne L&D
    (ii) Henry L&D
(15) McClellan-Kerr Arkansas River Navigation System, when Departing 
          Lock & Dam (L&D), unless otherwise indicated:
    (i) Chouteau L&D
    (ii) W.D. Mayo L&D
    (iii) Ozark-Jeta Taylor L&D
    (iv) L&D 9
    (v) Arriving David D. Terry L&D (upbound)
    (vi) Departing David D. Terry L&D (downbound)
    (vii) L&D 2
(16) Red River, between Mile Markers (M) and when Departing Lock & Dam 
          (L&D):
    (i) L.C. Boggs L&D
    (ii) Lock 3
    (iii) M 178.0-180.0
(17) Atchafalaya River, at Mile Marker (M):
    (i) 55.0 (Entering & Exiting RNA)
    (ii) [Reserved]
    (f) Information to be reported to the IRVMC by towing vessel 
operators. With the exception noted in paragraph (d)(1)(ii) of this 
section, towing vessel operators responsible for one or more CDC barges 
in the RNA must report all the information required by this section as 
set out in table 165.830(f) of this paragraph.

[[Page 731]]



                                  Table 165.830(f)--Information To Be Reported to the IRVMC by Towing Vessel Operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                 Name and
                                                                                                 Estimated     location of                    Estimated
                                                                                                  time of     destination of                   time of
                                          24-hour       Name of      Barge(s)     Type, name     departure      CDC barge                      arrival
                                          contact       vessel       name and     and amount       from       (fleeting area    Reporting     (ETA) to
                                          number        moving       official       of CDC       fleeting     or facility),       point         next
                                                       barge(s)       number        onboard       area or       including                     reporting
                                                                                                 facility     estimated time                  point (If
                                                                                                                of arrival                   applicable)
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Upon point of entry into the RNA             X             X             X             X   ............               X             X             X
 with a CDC barge....................
(2) 4 hours before to originating a              X             X             X             X             X                X   ............            X
 voyage within the RNA with one or
 more CDC barges; but see exception
 in paragraph (d)(1)(ii) of this
 section
(3) Upon dropping off one or more CDC  ............            X             X   ............  ............  ...............  ............  ............
 barges at a fleeting area or
 facility
(4) Upon picking up one or more        ............            X             X             X   ............  ...............  ............  ............
 additional CDC barges from a
 fleeting area or facility
(5) At designated reporting points in  ............            X             X         (\1\)   ............           (\1\)             X             X
 table 165.830(e)....................
(6) When ETA to a reporting point      ............            X         (\1\)         (\1\)   ............  ...............  ............            X
 varies by 6 hours from previously
 reported ETA........................
(7) Any significant deviation from               X             X             X             X             X                X             X             X
 previously reported information (all
 that apply).........................
(8) Upon departing the RNA with a CDC  ............            X             X   ............  ............  ...............            X   ............
 barge(s)............................
(9) When directed by the IRVMC.......            X             X             X             X             X                X             X            X
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ If changed.


[[Page 732]]

    (g) Information to be reported to the IRVMC by fleeting area 
managers. Fleeting area managers responsible for one or more CDC barges 
in the RNA must report the information required by this section as set 
out in table 165.830(g) of this paragraph.

               Table 165.830(g)--Information To Be Reported to the IRVMC by Fleeting Area Managers
----------------------------------------------------------------------------------------------------------------
                                                                              Type, name and    Location of CDC
                                       24-hour contact   Barge(s) name and    amount of CDC     barge (fleeting
                                            number        official number        onboard       area or facility)
----------------------------------------------------------------------------------------------------------------
(1) Once daily, all CDC barges in a                  X                  X                  X                  X
 fleeting area......................
(2) Upon moving one or more CDC       .................                 X                  X                  X
 barges within a fleeting area by a
 fleet tow boat.....................
(3) Any significant deviation from                   X                  X                  X                  X
 previously reported information
 (all that apply)...................
(4) When directed by the IRVMC......                 X                  X                  X                  X
----------------------------------------------------------------------------------------------------------------

    (h) Alternative reporting. The Eighth Coast Guard District Commander 
may consider and approve alternative methods to be used by a reporting 
party to meet any reporting requirements if--
    (1) the request is submitted in writing to Commander, Eighth Coast 
Guard District (m), Hale Boggs Federal Bldg., 501 Magazine Street, New 
Orleans, LA 70130; and
    (2) the alternative provides an equivalent level of the reporting 
that which would be achieved by the Coast Guard with the required check-
in points.
    (i) Deviation from this section is prohibited unless specifically 
authorized by the Commander, Eighth Coast Guard District or the IRVMC.

(Approved by the Office of Management and Budget under OMB control 
number 1625-0105)

[CDG08-03-029, 68 FR 57363, Oct. 3, 2003; 68 FR 63988, Nov. 12, 2003, as 
amended at 68 FR 69959, Dec. 16, 2003]



Sec. 165.835  Security Zone; Port of Mobile, Mobile Ship Channel, Mobile, AL.

    (a) Definition. As used in this section--
    Cruise ship means a passenger vessel over 100 gross tons, carrying 
more than 12 passengers for hire, making a voyage lasting more than 24 
hours any part of which is on the high seas, and for which passengers 
are embarked or disembarked in the United States or its territories. 
This definition covers passenger vessels that must comply with 33 CFR 
parts 120 and 128.
    (b) Location. The following areas are security zones: all waters of 
the Port of Mobile and Mobile Ship Channel--
    (1) Within 100 yards of a cruise ship that is transiting shoreward 
of the Mobile Sea Buoy (located in approximate position 
28[deg]07[min]50[sec] N, 88[deg]04[min]12[sec] W; NAD 83), and
    (2) Within 25 yards of a cruise ship that is moored shoreward of the 
Mobile Sea Buoy.
    (c) Periods of enforcement. This rule will only be enforced when a 
cruise ship is transiting the Mobile Ship Channel shoreward of the 
Mobile Sea Buoy, while transiting in the Port of Mobile, or while moored 
in the Port of Mobile. The Captain of the Port Mobile or a designated 
representative would inform the public through broadcast notice to 
mariners of the enforcement periods for the security zone.
    (d) Regulations. (1) Under Sec. 165.33 of this part, entry into a 
security zone is prohibited unless authorized by the Captain of the Port 
Mobile or a designated representative.
    (2) While a cruise ship is transiting on the Mobile Ship Channel 
shoreward of the Mobile Sea Buoy, and while transiting in the Port of 
Mobile, all persons and vessels are prohibited from entering within 100 
yards of a cruise ship.
    (3) While a cruise ship is moored in the Port of Mobile, all persons 
and vessels are prohibited from entering within 25 yards of a cruise 
ship.
    (4) Persons or vessels that desire to enter into the security zone 
for the purpose of passing or overtaking a cruise ship that is in 
transit on the Mobile Ship Channel or in the Port of Mobile must contact 
the on-scene Coast

[[Page 733]]

Guard representative, request permission to conduct such action, and 
receive authorization from the on-scene Coast Guard representative prior 
to initiating such action. The on-scene Coast Guard representative may 
be contacted on VHF-FM channel 16.
    (5) All persons and vessels authorized to enter into this security 
zone must obey any direction or order of the Captain of the Port or 
designated representative. The Captain of the Port Mobile may be 
contacted by telephone at (251) 441-5976. The on-scene Coast Guard 
representative may be contacted on VHF-FM channel 16.
    (6) All persons and vessels shall comply with the instructions of 
the Captain of the Port Mobile and designated on-scene U.S. Coast Guard 
patrol personnel. On-scene Coast Guard patrol personnel include 
commissioned, warrant, and petty officers of the U.S. Coast Guard.

[COTP Mobile-04-057, 70 FR 20813, Apr. 22, 2005]



Sec. 165.836  Security Zone; Escorted Vessels, Mobile, Alabama, Captain of the 

Port.

    (a) Definitions. The following definitions apply to this section:
    COTP means Captain of the Port Mobile, AL.
    Designated representatives means Coast Guard Patrol Commanders 
including Coast Guard coxswains, petty officers and other officers 
operating Coast Guard vessels, and Federal, State, and local officers 
designated by or assisting the COTP, in the enforcement 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 one or more Coast 
Guard assets or other Federal, State, or local law enforcement agency 
assets clearly identifiable by flashing lights, vessel markings, or with 
agency insignia as follows: Coast Guard surface or air asset displaying 
the Coast Guard insignia. State and/or local law enforcement asset 
displaying the applicable agency markings and/or equipment associated 
with the agency. Escorted vessel also means a moored or anchored vessel 
that was escorted by Coast Guard assets or other Federal, State, or 
local law enforcement agency assets to its present location and some or 
all of those properly marked assets remain on-scene to continue to 
enforce the security zone.
    Minimum safe speed means the speed at which a vessel proceeds when 
it is fully off plane, completely settled in the water and not creating 
excessive wake or surge. Due to the different speeds at which vessels of 
different sizes and configurations may travel while in compliance with 
this definition, no specific speed is assigned to minimum safe speed. In 
no instance should minimum safe speed be interpreted as a speed less 
than that required for a particular vessel to maintain steerageway. A 
vessel is not proceeding at minimum safe speed 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 or surge.
    (b) Regulated area. All navigable waters, as defined in 33 CFR 2.36, 
within the Captain of the Port Zone, Mobile, Alabama, as described in 33 
CFR 3.40-10.
    (c) Security zone. A 500-yard security zone is established around 
each escorted vessel within the regulated area described in paragraph 
(b) of this section. This is a moving security zone when the escorted 
vessel is in transit and becomes a fixed zone when the escorted vessel 
is anchored or moored. A security zone will not extend beyond the 
boundary of the regulated area described in paragraph (b) of this 
section.
    (d) Regulations. (1) The general regulations for security zones 
contained in Sec. 165.33 of this part applies to this section.
    (2) A vessel may request the permission of the COTP Mobile or a 
designated representative to enter the security zone described in 
paragraph (c) of this section. If permitted to enter the security zone, 
a vessel must proceed at the minimum safe speed and must comply with the 
orders of the COTP or a designated representative.
    (e) Notice of security zone. The COTP will inform the public of the 
existence or status of the security zones around escorted vessels in the 
regulated area

[[Page 734]]

by broadcast notices to mariners, normally issued at 30-minute intervals 
while the security zones remains in effect. Escorted vessels will be 
identified by the presence of Coast Guard assets or other Federal, State 
or local law enforcement agency assets.
    (f) Contact information. The COTP Mobile may be reached via phone at 
(251) 441-6211. Any on scene Coast Guard or designated representative 
assets may be reached via VHF-FM channel 16.

[USCG-2008-1013, 73 FR 67107, Nov. 13, 2008, as amended at 74 FR 22102, 
May 12, 2009]



Sec. 165.837  Safety Zone; Invista Inc Facility Docks, Victoria Barge Canal, 

Victoria, Texas.

    (a) Location. The following area is a safety zone: All waters 
contained within a 500-foot (152.5m) extension east and west of the 
Invista Inc facility docks while performing offloading operations.
    (b) Enforcement period. This rule will be enforced for periods of 
24-30 hours twice a month, from the time the oversized barge docks at 
the Invista Inc facility until the vessel departs the facility upon 
conclusion of its offloading operations. The Captain of the Port Corpus 
Christi will issue a Broadcast Notice to Mariners before beginning 
enforcement and upon ceasing enforcement of the safety zone.
    (c) Definitions. The following definition applies to this section: 
designated 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 enforcement vessels who have been 
authorized to act on the behalf of the Captain of the Port Corpus 
Christi.
    (d) Regulations. (1) Persons desiring to transit the area of the 
safety zone may contact the Captain of the Port at telephone number 1-
361-939-6393, or the barge on VHF Channel 16 (156.800MHz) to seek 
permission to transit the area. If permission is granted, all persons 
and vessels must comply with the instructions of the Captain of the Port 
or his or her designated representative.
    (2) All persons and vessels must comply with the instructions of the 
Coast Guard Captain of the Port or the designated representative.
    (3) Upon being hailed by U.S. Coast Guard patrol personnel by siren, 
radio, flashing light, or other means the operator of a vessel must 
proceed as directed.
    (4) The Coast Guard may be assisted by other Federal, State, or 
local agencies.
    (5) In accordance with the general regulations in 33 CFR part 
165.23, no person or vessel may enter or remain in the zone described in 
paragraph (a) of this section except for support vessels/aircraft and 
support personnel, or other vessels authorized by the Captain of the 
Port Corpus Christi or his designated representative.
    (e) Penalties. Vessels or persons violating this rule are subject to 
the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

[USCG-2009-0797, 75 FR 13436, Mar. 22, 2010]



Sec. 165.838  Regulated Navigation Area; New Orleans Area of Responsibility, 

New Orleans, LA.

    (a) Regulated Navigation Area. The following is a regulated 
navigation area (RNA):
    (1) The Inner Harbor Navigation Canal (IHNC) from Mile Marker 22 
(west of Chef Menteur Pass) on the Gulf Intracoastal Waterway, west 
through the Gulf Intracoastal Waterway and the Inner Harbor Navigation 
Canal, out to Lake Ponchartrain and to the Mississippi River in New 
Orleans, LA;
    (2) The Harvey Canal, between the Lapalco Boulevard Bridge and the 
intersection of the Harvey Canal and the Algiers Canal of the 
Intracoastal Waterway; and
    (3) The Algiers Canal, from the Algiers Lock to the intersection of 
the Algiers Canal and the Harvey Canal.
    (b) Definitions. As used in this section:
    COTP means the Captain of the Port, New Orleans; and
    Floating vessel means any floating vessel to which the Ports and 
Waterways Safety Act, 33 U.S.C. 1221 et seq., applies.
    (c) Enforcement. (1) The provisions of this paragraph (c) will be 
enforced only 24 hours in advance of, and during the duration of, any of 
the following predicted weather conditions:

[[Page 735]]

    (i) Predicted winds of 74 miles per hour (mph) or more or a 
predicted storm surge of 8 feet or more for the Inner Harbor Navigation 
Canal;
    (ii) Predicted winds of 111 mph or more and/or a predicted storm 
surge of 10.5 feet or more for the Harvey or Algiers Canals through post 
storm landfall, or other hurricane or tropical storm conditions as 
determined by the COTP; or
    (iii) Other hurricane or tropical storm conditions expected to 
inflict significant damage to low lying and vulnerable shoreline areas, 
as determined by the COTP through National Weather Service/Hurricane 
Center weather predictions.
    (2) In the event that a particularly dangerous storm is predicted to 
have winds or storm surge significantly exceeding the conditions 
specified in paragraphs (c)(1)(i) through (c)(1)(iii) of this section, 
the COTP may begin enforcement 72 hours in advance of the predicted 
conditions.
    (3) During enforcement:
    (i) All floating vessels are prohibited from entering or remaining 
in the RNA except pending approval of a waiver request made in 
accordance with paragraph (d) of this section or as authorized by a 
waiver approved by the COTP in accordance with paragraph (d);
    (ii) Transient vessels will not be permitted to seek safe haven in 
the RNA except in accordance with a prearranged agreement between the 
vessel and a facility within the RNA, or as authorized by a waiver 
approved by the COTP in accordance with paragraph (d) of this section.
    (4) The COTP will announce enforcement periods through Marine Safety 
Information Bulletins and Safety Broadcast Notices to Mariners.
    (d) Waivers. (1) Upon request of the vessel owner or operator, the 
COTP may waive any provision of paragraph (c) of this section, if the 
COTP finds that the vessel's proposed operation can be conducted safely 
under the terms of that waiver.
    (2) A request for waiver must be in writing, except as provided by 
paragraph (d)(3) of this section, and must describe or provide:
    (i) The reason for requesting the waiver;
    (ii) The vessel's current operations;
    (iii) The name of any intended mooring facility, the specific 
mooring location within that facility, and a list of vessels routinely 
engaged in business at that facility;
    (iv) The vessel's proposed operation during the RNA enforcement 
period, including intended mooring arrangements that comply with 33 CFR 
165.803 and the mooring facility's equipment for supporting those 
arrangements; and
    (v) Contact information for the vessel owner or operator during the 
RNA enforcement period.
    (3) Under unusual circumstances due to time constraints, such as the 
malfunction of a bridge or lock within the RNA, the person in charge of 
a vessel may orally request an immediate waiver from the COTP, but the 
vessel owner or operator must send written confirmation of the request, 
containing the information required by paragraph (d)(2) of this section, 
to the COTP within five days of the oral request.
    (4) The COTP may condition approval of a waiver request on the 
vessel owner's or operator's taking measures additional to those 
proposed in the waiver request, and may terminate a waiver at any time, 
if the COTP deems it necessary to provide safety.
    (e) Penalties. Failure to comply with this section may result in 
civil or criminal penalties pursuant to the Ports and Waterways Safety 
Act, 33 U.S.C. 1221 et seq.
    (f) Notice of enforcement. The COTP will notify the maritime 
community of periods during which this regulated navigation area will be 
enforced by providing advance notice through a Marine Safety Information 
Bulletin and Safety Broadcast Notice to Mariners.

[USCG-2009-0139, 75 FR 32279, June 8, 2010]

                       Ninth Coast Guard District



Sec. 165.T09-0073  Safety and Security Zones; Tall Ships Challenge 2010; Great 

Lakes; Cleveland, OH; Bay City, MI; Duluth, MN; Green Bay, WI; Sturgeon Bay, 

WI; Chicago, IL; Erie, PA.

    (a) Definitions. The following definitions apply to this section: 
Navigation Rules means the Navigation Rules,

[[Page 736]]

International and Inland (See, 1972 COLREGS and 33 U.S.C. 2001 et seq.).
    Official Patrol means those persons designated by Captain of the 
Port Buffalo, Detroit, Sault Ste. Marie, Duluth and Lake Michigan to 
monitor a Tall Ship safety and security zone, permit entry into the 
zone, give legally enforceable orders to persons or vessels within the 
zone, and take other actions authorized by the cognizant Captain of the 
Port.
    Public Vessel means vessels owned, chartered, or operated by the 
United States or by a State or political subdivision thereof.
    Tall Ship means any sailing vessel participating in the Tall Ships 
Challenge 2010 in the Great Lakes. This includes, but is not limited to, 
the following: Sailing Vessel (S/V) AMISTAD, S/V APPLEDORE IV, S/V 
APPLEDORE V, HMS BOUNTY, S/V DENIS SULLIVAN, S/V EUROPA, S/V FAZISI, S/V 
FRIENDS OF GOOD WILL, S/V INLAND SEAS, S/V LAREVENANTE, S/V LYNX, S/V 
MADELINE, S/V FLAGSHIP NIAGARA, S/V PATHFINDER, S/V PLAYFAIR, S/V PRIDE 
OF BALTIMORE II, S/V ROALD AMUNDSEN, S/V RED WITCH, S/V ROTALISTE, S/V 
ROSEWAY, S/V UNICORN, S/V WELCOME, and S/V WINDY.
    (b) Location. The following area is a safety and security zone: all 
navigable waters of the United States located in the Ninth Coast Guard 
District within a 100 yard radius of any Tall Ship.
    (c) Regulations. (1) Entry into a safety and security zone described 
in paragraph (b) of this section is prohibited unless authorized by the 
cognizant Coast Guard Captain of the Port or the Official Patrol.
    (2) Vessels may request permission to enter into a safety and 
security zone described in paragraph (b) of this section by contacting 
the Official Patrol on VHF channel 16.
    (3) Any vessel operating within a safety and security zone 
established by this section must operate at the minimum speed necessary 
to maintain a safe course and must proceed as directed by the Captain of 
the Port or the on-scene Official Patrol. Any vessel or person allowed 
to enter a safety and security zone established by this section must 
still remain at least 25 yards from any Tall Ship, unless authorized to 
come within such a distance pursuant to paragraph (c)(4) of this section 
or permitted to come within such a distance by the cognizant Captain of 
the Port, his or her designated representative, or the on-scene Official 
Patrol.
    (4) Vessels are permitted to transit through the safety and security 
zone in waterways that do not provide adequate navigable waters greater 
than 100 yards from the Tall Ships. Vessels transiting such areas must 
operate at the minimum speed necessary to maintain a safe course while 
also maintaining the greatest possible distance away from the Tall 
Ships.
    (d) Effective period. This rule is effective from 12:01 a.m. on 
Wednesday, June 23, 2010 through 12:01 a.m. on Monday September 13, 
2010.
    (e) Navigation Rules. The Navigation Rules must apply at all times 
within a Tall Ships safety and security zone.
    (f) When a Tall Ship approaches within 25 yards of any vessel that 
is moored or anchored, the stationary vessel must stay moored or 
anchored while it remains within the tall ship's safety and security 
zone unless ordered by or given permission from the cognizant Captain of 
the Port, his or her designated representative, or the on-scene official 
patrol to do otherwise.

    Effective Date Note: By USCG-2010-0073, 75 FR 33508, June 14, 2010, 
temporary Sec. 165.T09-0073 was added, effective from 12:01 a.m. on 
June 23, 2010 until 12:01 a.m. on Sept. 13, 2010.



Sec. 165.T09-0124  Safety Zone; St. Louis River, Tallas Island, Duluth, MN.

    (a) Location. The following area is a temporary safety zone: near 
Tallas Island on the St. Louis River to include all waters contained 
within the zone located at 46[deg]42.30 N 092[deg]11.56 W and then run 
northeast to position; 46[deg]42.53 N 092[deg]11.30 W and then run 
northwest to position; 46[deg]43.5 N 092[deg]11.41 W and then run 
southwest to position; 46[deg]42.37 N 092[deg]12.11 W and then running 
southeast back to the starting point (NAD 83). The safety zone's 
boundary is approximately 3500 ft. by 1500 ft. on the long end, 
extending behind Tallas Island, and 3000 ft by 1500 ft on the short end, 
extending into open waters.

[[Page 737]]

    (b) Effective dates. This rule is effective from 12:01 a.m. May 1, 
2010 until 11:59 p.m. November 30, 2010.
    (c) Regulations. (1) In accordance with the general regulations in 
section 165.23 of this part, entry into this zone is prohibited unless 
authorized by the Coast Guard Captain of the Port Duluth, or his 
designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Duluth or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port is 
any Coast Guard commissioned, warrant, or petty officer who has been 
designated by the Captain of the Port to act on his behalf. The on-scene 
representative of the Captain of the Port will be aboard either a Coast 
Guard or Coast Guard Auxiliary vessel. The Captain of the Port or his 
designated on-scene representative may be contacted via VHF Channel 16.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port Duluth or his on-scene 
representative to obtain permission to do so. Vessel operators permitted 
to enter or operate in the safety zone must comply with the instructions 
given to them by the Captain of the Port Duluth or his on-scene 
representative.

    Effective Date Note: By USCG-2010-0124, 75 FR 24404, May 5, 2010, 
temporary Sec. 165.T09-0124 was added, effective from May 5, 2010 
through 11:59 p.m. Nov. 30, 2010.



Sec. 165.T09-0166  Safety Zone, Brandon Road Lock and Dam to Lake Michigan 

including Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, 

and Calumet-Saganashkee Channel, Chicago, IL.

    (a) Location. The following areas are a temporary safety zone:
    (1) Des Plaines River. All U.S. waters of the Des Plaines River 
located between mile marker 286.0 (Brandon Road Lock and Dam) and mile 
marker 290.0 (point at which the Des Plaines River connects with the 
Chicago Sanitary and Ship Canal).
    (2) Chicago Sanitary and Ship Canal. All U.S. waters of the Chicago 
Sanitary and Ship Canal between mile marker 290.0 (point at which the 
Chicago Sanitary and Ship Canal connects to the Des Plaines River) and 
mile marker 321.8 (point at which the Chicago Sanitary and Ship Canal 
Connects to the South Branch Chicago River).
    (3) South Branch Chicago River. All U.S. waters of the South Branch 
Chicago River between mile marker 321.8 (point at which the South Branch 
Chicago River connects to the Chicago Sanitary and Ship Canal) and mile 
marker 325.6 (point at which the South Branch Chicago River connects to 
the Chicago River (Main Branch) and North Branch Chicago River).
    (4) Chicago River (Main Branch). All U.S. waters of the Chicago 
River (Main Branch) between mile marker 325.6 (point at which the 
Chicago River connects to the South Branch Chicago River) and 100 yards 
extending past the end of the Chicago River covering the area of the 
Federal channel within Chicago Harbor.
    (5) North Branch Chicago River. All U.S. waters of the North Branch 
Chicago River between mile marker 325.6 (point at which the North Branch 
Chicago River connects to the Chicago River (Main Branch) and the South 
Branch Chicago River) and mile marker 331.4 (end of navigation channel).
    (6) Calumet-Saganashkee Channel. All U.S. waters of the Calumet-
Saganashkee Channel between mile marker 303.5 (point at which the 
Calumet-Saganashkee Channel connects to the Chicago Sanitary and Ship 
Canal) and mile marker 333.0; all U.S. waters of the Calumet-Saganashkee 
Channel between mile marker 333.0 and Lake Michigan (Calumet Harbor).
    (b) Effective period. This rule is effective in the CFR on May 11, 
2010 This rule is effective with actual notice for purposes of 
enforcement on April 28, 2010. This rule will remain in effect until 
March 1, 2011.
    (c) Enforcement. (1) The Captain of the Port, Sector Lake Michigan, 
may enforce this safety zone in whole, in segments, or by any 
combination of segments. The Captain of the Port, Sector Lake Michigan, 
may suspend the enforcement of any segment of this safety zone for which 
notice of enforcement had been given.

[[Page 738]]

    (2) The safety zone established by this section will be enforced, 
pursuant to paragraph (c)(1) of this section, only upon notice by the 
Captain of the Port, Sector Lake Michigan. Suspension of any previously 
announced period of enforcement will also be provided by the Captain of 
the Port, Sector Lake Michigan. All notices of enforcement and notices 
of suspension of enforcement will clearly describe any segments of the 
safety zone affected by the notice. At a minimum, notices of enforcement 
and notices of suspension of enforcement will identify any affected 
segments by reference to mile markers. When possible, the Captain of the 
Port, Sector Lake Michigan, will also identify enforced segments of this 
safety zone by referencing readily identifiable geographical points. In 
addition to providing the geographical bounds of any enforced segment of 
this safety zone, notices of enforcement and notices of suspension of 
enforcement will also provide the date(s) and time(s) at which 
enforcement will commence or suspend.
    (3) The Captain of the Port, Sector Lake Michigan, will publish 
notices of enforcement and notices of suspension of enforcement in 
accordance with 33 CFR 165.7(a) and in a manner to provide as much 
notice to the public as possible. The primary method of notification 
will be through publication in the Federal Register. The Captain of the 
Port, Sector Lake Michigan, will also provide notice through other 
means, such as Broadcast Notice to Mariners, local Notice to Mariners, 
local news media, distribution in leaflet form, and on-scene oral 
notice. Additionally, the Captain of the Port, Sector Lake Michigan, may 
notify representatives from the maritime industry through telephonic and 
email notifications.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec. 165.23 of this part, entry into, transiting, mooring, laying up, 
or anchoring within any enforced segment of the safety zone is 
prohibited unless authorized by the Captain of the Port, Sector Lake 
Michigan, or his or her designated representative.
    (2) The ``designated representative'' of the Captain of the Port, 
Sector Lake Michigan, is any Coast Guard commissioned, warrant or petty 
officer who has been designated by the Captain of the Port, Sector Lake 
Michigan, to act on his or her behalf. The designated representative of 
the Captain of the Port, Sector Lake Michigan, will be aboard a Coast 
Guard, Coast Guard Auxiliary, or other designated vessel or will be on 
shore and will communicate with vessels via VHF radio, loudhailer, or by 
phone. The Captain of the Port, Sector Lake Michigan, or his or her 
designated representative may be contacted via VHF radio Channel 16 or 
the Coast Guard Sector Lake Michigan Command Center at 414-747-7182.
    (3) To obtain permission to enter or operate within an enforced 
segment of the safety zone established by this section, Vessel operators 
must contact the Captain of the Port, Sector Lake Michigan, or his or 
her designated representative. Vessel operators given permission to 
operate in an enforced segment of the safety zone must comply with all 
directions given to them by the Captain of the Port, Sector Lake 
Michigan, or his or her designated representative.
    (4) When a segment of the safety zone is being enforced, it will be 
closed to all vessel traffic, except as may be permitted by the Captain 
of the Port, Sector Lake Michigan, or his or her designated 
representative. As soon as operations permit, the Captain of the Port, 
Sector Lake Michigan, will issue a notice of suspension of enforcement 
as specified in paragraph (c) of this section.
    (5) All persons entering any enforced segment of the safety zone 
established in this section are advised that they do so at their own 
risk.

    Effective Date Note: By USCG-2010-0166, 75 FR 26097, May 11, 2010, 
temporary Sec. 165.T09-0166 was added, effective May 11, 2010 through 
Mar. 1, 2011.



Sec. 165.T09-0290  Safety Zones; Blasting Operations and Movement of 

Explosives, St. Marys River, Sault Sainte Marie, MI.

    (a) Location. The following areas are safety zones:
    (1) All U.S. navigable waters downstream of the Sabin and Davis 
Locks, Sault Sainte Marie, Michigan, with

[[Page 739]]

east and west boundaries starting approximately 250 feet due east of the 
center of the Sabin Lock downstream gate, to approximately 1,750 feet 
due east of the center of the Davis Lock downstream gate. The zone is 
further bound by the southern pier face of the Northeast Pier, and the 
northern pier face of the East Center Pier. This zone also includes a 
portion of the Army Corps of Engineers hydroelectric power plant 
effluence, and waters surrounding the eastern tip of the Northeast Pier. 
This portion of the zone extends west approximately 1,100 feet from the 
tip of the Northeast Pier, and out to the north, approximately 150 feet. 
The zone is bound by the following coordinates: 46[deg]30[min]22.50[sec] 
N/084[deg]20[min]40.81[sec] W; 46[deg]30[min]22.50[sec] N/
084[deg]20[min]29.35[sec] W; 46[deg]30[min]20.16[sec] N/
084[deg]20[min]25.29[sec] W; 46[deg]30[min]18.81[sec] N/
084[deg]20[min]25.29[sec] W; 46[deg]30[sec]18.66[sec] N/
084[deg]20[min]28.36[sec] W; 46[deg]30[min]12.90[sec] N/
084[deg]20[min]28.36[sec] W; 46[deg]30[min]13.18[sec] N/
084[deg]20[min]39.17[sec] W; 46[deg]30[min]15.27[sec] N/
084[deg]20[min]48.17[sec] W; 46[deg]30[min]15.45[sec] N/
084[deg]20[min]51.00[sec] W; 46[deg]30[min]16.41[sec] N/
084[deg]20[min]51.00[sec] W; 46[deg]30[min]16.98[sec] N/
084[deg]20[min]40.81[sec] W; (NAD 83).
    (2) All U.S. navigable waters within a radius of 1,100 feet centered 
on the test blast location approximately 600 feet due east of the pier 
between the Sabin and Davis locks, Sault Sainte Marie, Michigan at 
46[deg]30[min]15.46[sec] N/084[deg]20[min]39.12[sec] W; (NAD 83).
    (3) All U.S. navigable waters within a radius of 500 feet from the 
barge ``M2'' at any time the barge is involved in explosives loading 
operations or while transiting with explosives on board.
    (4) All U.S. navigable waters downstream of the Sabin and Davis 
Locks, Sault Sainte Marie, Michigan, with east and west boundaries 
starting approximately 1,750 feet due east of the center of the Davis 
Lock downstream gate, to approximately 2,850 feet due east of the center 
of the Davis Lock downstream gate. The zone is bound to the south by the 
northern pier face of the East Center Pier. The northern boundary of the 
zone is approximately 600 feet north of the East Center Pier. The area 
is bound by the following coordinates: 46[deg]30[min]18.66[sec] N/
84[deg]20[min]28.36[sec] W; 46[deg]30[min]19.36[sec] N/
84[deg]20[min]14.23'' W;
    46[deg]30[min]19.20[sec] N/84[deg]20[min]13.87[sec] W; 
46[deg]30[min]11.59[sec] N/84[deg]20[min]12.96[sec] W;
    46[deg]30[min]11.78[sec] N/84[deg]20[min]19.53[sec] W; 
46[deg]30[min]12.69[sec] N/84[deg]20[min]19.68[sec] W;
    46[deg]30[min]12.90[sec] N/84[deg]20[min]28.36[sec] W; (NAD 83).
    (b) Effective period. This regulation is effective from 5 a.m. April 
23, 2010 through 10 p.m. August 31, 2010. The safety zones established 
in paragraph (a) of this section will be enforced as follows:
    (1) The zone described in paragraph (a)(1) of this section will be 
enforced continually from 5 a.m. April 23, 2010 through 10 p.m. August 
31, 2010.
    (2) The zone described paragraph (a)(2) of this section will be 
intermittently enforced from 5 a.m. April 23, 2010 through 10 p.m. May 
14, 2010.
    (3) The zone described in paragraph (a)(3) of this section is 
subject to enforcement from 5 a.m. April 23, 2010 through 10 p.m. August 
31, 2010, any time the barge ``M2'' is transiting with explosives on 
board or involved in explosives loading operations.
    (4) The zone described paragraph (a)(4) of this section will be 
intermittently enforced from 5 a.m. April 23, 2010 through 10 p.m. 
August 31, 2010.
    (5) The Captain of the Port, Sector Sault Sainte Marie may suspend 
at any time the enforcement of any safety zone established under this 
section.
    (6) The Captain of the Port, Sector Sault Sainte Marie, will notify 
the public of the enforcement and suspension of enforcement of a safety 
zone established by this section via any means that will provide as much 
notice as possible to the public. These means might include some or all 
of those listed in 33 CFR 165.7(a). The primary method of notification, 
however, will be through Broadcast Notice to Mariners and local Notice 
to Mariners.
    (c) Regulations. (1) In accordance with the general regulations in 
section 165.23 of this part, entry into, transiting, or anchoring within 
an enforced safety zone established by this section is prohibited unless 
authorized by the Captain of the Port, Sector Sault Sainte Marie, or his 
on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port, Sector Sault Sainte Marie, or 
his on-scene representative.

[[Page 740]]

    (3) The ``on-scene representative'' of the Captain of the Port, 
Sector Sault Sainte Marie, is any Coast Guard commissioned, warrant or 
petty officer who has been designated by the Captain of the Port, Sector 
Sault Sainte Marie, to act on his behalf. The on-scene representative of 
the Captain of the Port, Sector Sault Sainte Marie, will be aboard 
either a Coast Guard or Coast Guard Auxiliary vessel.
    (4) Vessel operators desiring to enter or operate within an enforced 
safety zone shall contact the Captain of the Port, Sector Sault Sainte 
Marie, or his on-scene representative to obtain permission to do so. The 
Captain of the Port, Sector Sault Sainte Marie, or his on-scene 
representative may be contacted via VHF Channel 16. Vessel operators 
given permission to enter or operate in the safety zone must comply with 
all directions given to them by the Captain of the Port, Sector Sault 
Sainte Marie, or his on-scene representative.

    Effective Date Note: By USCG-2010-0290, 75 FR 23592, May 4, 2010, 
temporary Sec. 165.T09-0290 was added, effective May 4, 2010 through 10 
p.m. Aug. 31, 2010.



Sec. 165.T09-0333  Safety zone; Marathon Oil Refinery construction, Rouge 

River, Detroit, MI.

    (a) Location. The following area is a temporary safety zone: all 
U.S. waters of the Rouge River, Detroit, MI, bound by a line starting 
from a point on land on the south shore of the Rouge River at position 
42[deg]17.8[min] N; 083[deg] 9.1[min] W, continuing southeast to a point 
on land at position 42[deg]17.7[min] N; 083[deg] 9.0[min] W, across to 
the north side of the river to a point on land at position 
42[deg]17.8[min] N; 083[deg]8.9[min] W, along the shore northwest to a 
point on land at position 42[deg]17.8[min] N; 083[deg]9.0[min] W, 
continuing back southwest to the point of origin. All geographic 
coordinates are North American Datum of 1983 (NAD 83). This safety zone 
effectively covers all of the Rouge River from the Dix Ave. bridge to 
the north end of Fordson Island.
    (b) Effective period. This regulation is effective from 7 a.m. on 
May 1, 2010 to 7 p.m. on November 30, 2010. This rule will be enforced 
from 7 a.m. to 7 p.m. daily, on multiple dates to be determined during 
the effective period. The public will be notified of the specific 
enforcement dates as soon as practicable through the publication of a 
Notice of Enforcement and by Broadcast Notice to Mariners.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec. 165.23 of this part, entry into, transiting, or anchoring within 
this safety zone is prohibited unless authorized by the Captain of the 
Port Detroit, or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Detroit or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port is 
any Coast Guard commissioned, warrant, or petty officer who has been 
designated by the Captain of the Port to act on his behalf. The on-scene 
representative of the Captain of the Port will be aboard either a Coast 
Guard or Coast Guard Auxiliary vessel. The Captain of the Port or his 
designated on scene representative may be contacted via VHF Channel 16.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port Detroit or his on-scene 
representative to obtain permission to do so.
    (5) Vessel operators given permission to enter or operate in the 
safety zone must comply with all directions given to them by the Captain 
of the Port or his on-scene representative.

    Effective Date Note: By USCG-2010-0333, 75 FR 27643, May 18, 2010, 
temporary Sec. 165.T09-0333 was added, effective May 18, 2010 until 7 
p.m. on Nov. 30, 2010.



Sec. 165.T09-0452  Safety Zone; Festivals & Fireworks Celebration, East Moran 

Bay, Lake Huron, St. Ignace, MI.

    (a) Location. The following area is a temporary safety zone: All 
waters of Lake Huron within a 600-foot radius from the fireworks launch 
site in East Moran Bay, with its center in position: 
45[deg]52[min]16.92[sec] N., 084[deg]43[min]18.48[sec] W.: [DATUM: NAD 
83].
    (b) Effective period. This regulation is effective from 9 p.m. on 
June 26, 2010 until 11 p.m. on September 5, 2010.
    (1) This rule will be enforced on the following date and times:

[[Page 741]]

    (i) June 26, 2010 from 9 p.m. through 11 p.m., with an alternate 
date & time for inclement weather of June 27, 2010 from 9 p.m. through 
11 p.m.
    (ii) July 10, 2010 from 9 p.m. through 11 p.m. with an alternate 
date & time for inclement weather of July 11, 2010 from 9 p.m. through 
11 p.m.
    (iii) July 17, 2010 from 9 p.m. through 11 p.m. with an alternate 
date & time for inclement weather of July 18, 2010 from 9 p.m. through 
11 p.m.
    (iv) July 24, 2010 from 9 p.m. through 11 p.m. with an alternate 
date & time for inclement weather of July 25, 2010 from 9 p.m. through 
11 p.m.
    (v) July 31, 2010 from 9 p.m. through 11 p.m. with an alternate date 
& time for inclement weather of August 1, 2010 from 9 p.m. through 11 
p.m.
    (vi) August 7, 2010 from 9 p.m. through 11 p.m. with an alternate 
date & time for inclement weather of August 8, 2010 from 9 p.m. through 
11 p.m.
    (vii) August 14, 2010 from 9 p.m. through 11 p.m. with an alternate 
date & time for inclement weather of August 15, 2010 from 9 p.m. through 
11 p.m.
    (viii) August 21, 2010 from 9 p.m. through 11 p.m. with an alternate 
date & time for inclement weather of August 22, 2010 from 9 p.m. through 
11 p.m.
    (ix) August 28, 2010 from 9 p.m. through 11 p.m. with an alternate 
date & time for inclement weather of August 29, 2010 from 9 p.m. through 
11 p.m.
    (x) September 4, 2010 from 9 p.m. through 11 p.m. with an alternate 
date & time for inclement weather of September 5, 2010 from 9 p.m. 
through 11 p.m.
    (2) The Captain of the Port, Sector Sault Sainte Marie may suspend 
at any time the enforcement of any safety zone established under this 
section.
    (3) The Captain of the Port, Sector Sault Sainte Marie, will notify 
the public of the enforcement and suspension of enforcement of a safety 
zone established by this section via any means that will provide as much 
notice as possible to the public. These means might include some or all 
of those listed in 33 CFR 165.7(a). The primary method of notification, 
however, will be through Broadcast Notice to Mariners and local Notice 
to Mariners.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec. 165.23 of this part, entry into, transiting, or anchoring within 
an enforced safety zone established by this section is prohibited unless 
authorized by the Captain of the Port, Sector Sault Sainte Marie, or his 
on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port, Sector Sault Sainte Marie, or 
his on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port, 
Sector Sault Sainte Marie, is any Coast Guard commissioned, warrant or 
petty officer who has been designated by the Captain of the Port, Sector 
Sault Sainte Marie, to act on his behalf. The on-scene representative of 
the Captain of the Port, Sector Sault Sainte Marie, will be aboard 
either a Coast Guard or Coast Guard Auxiliary vessel.
    (4) Vessel operators desiring to enter or operate within an enforced 
safety zone shall contact the Captain of the Port, Sector Sault Sainte 
Marie, or his on-scene representative to obtain permission to do so. The 
Captain of the Port, Sector Sault Sainte Marie, or his on-scene 
representative may be contacted via VHF Channel 16.

    Effective Date Note: By USCG-2010-0452, 75 FR 34364, June 17, 2010, 
temporary Sec. 165.T09-0452 was added, effective from 9 p.m. on June 
26, 2010 until 11 p.m. on Sept. 5, 2010.



Sec. 165.T09-1080  Safety Zone and Regulated Navigation Area, Chicago Sanitary 

and Ship Canal, Romeoville, IL.

    (a) Safety Zone. (1) The following area is a temporary safety zone: 
All waters of the Chicago Sanitary and Ship Canal, Romeoville, IL 
located between mile marker 296.1 (approximately 450 feet south of the 
Romeo Road Bridge and mile marker 296.7 (aerial pipeline located 
approximately 0.51 miles north east of Romeo Road Bridge).
    (2) Regulations. (i) All vessels are prohibited from transiting the 
safety zone with any non-potable water on board if they intend to 
release that water in any form within, or on the other side of

[[Page 742]]

the safety zone. Non-potable water includes but is not limited to any 
water taken on board to control or maintain trim, draft, stability or 
stresses of the vessel, or taken on board due to free communication 
between the hull of the vessel and exterior water. Potable water is 
water treated and stored aboard the vessel that is suitable for human 
consumption.
    (ii) Vessels with non-potable water onboard are permitted to transit 
the safety zone if they have taken steps to prevent the release of that 
water in any form, in or on the other side of, the safety zone, or 
alternatively if they have plans to dispose of the water in a 
biologically sound manner.
    (iii) Vessels with non-potable water aboard that intend to discharge 
on the other side of the zone must contact the COTP, her designated 
representative or her on-scene representative and obtain permission to 
transit and discharge prior to transit. Examples of discharges that may 
be approved by the COTP include plans to dispose of the water in a 
biologically sound manner or demonstrate through testing that the non-
potable water does not contain potential live Silver or Asian carp, or 
viable eggs or, gametes from these carp.
    (iv) In accordance with the general regulations in Sec. 165.23 of 
this part, entry into, transiting, or anchoring within this safety zone 
by vessels with non-potable water on board is prohibited unless 
authorized by the Captain of the Port Lake Michigan, her designated 
representative, or her on-scene representative.
    (v) The ``on-scene representative'' of the Captain of the Port is 
any Coast Guard commissioned, warrant or petty officer who has been 
designated by the Captain of the Port Lake Michigan to act on her 
behalf. The on-scene representative of the Captain of the Port Lake 
Michigan will be aboard a Coast Guard, Coast Guard Auxiliary, or other 
designated vessel or will be on shore and will communicate with vessels 
via VHF-FM radio or loudhailer. The Captain of the Port Lake Michigan or 
her on-scene representative may also be contacted via VHF-FM radio 
Channel 16 or through the Coast Guard Sector Lake Michigan Command 
Center at 414-747-7182.
    (b) Regulated Navigation Area. (1) The following is a regulated 
navigation area (RNA): All waters of the Chicago Sanitary and Ship 
Canal, Romeoville, IL located between mile marker 295.5 (approximately 
3600 feet south of the Romeo Road Bridge) and mile marker 297.2 
(approximately 0.5 miles north of the pipeline arch).
    (2) Regulations. (i) The general regulations contained in 33 CFR 
165.13 apply.
    (ii) Vessels that comply with the following restrictions are 
permitted to transit the RNA:
    (A) All up-bound and down-bound barge tows that consist of barges 
carrying flammable liquid cargos (Grade A through C, flashpoint below 
140 degrees Fahrenheit, or heated to within 15 degrees Fahrenheit of 
flash point) must engage the services of a bow boat at all times until 
the entire tow is clear of the RNA.
    (B) Vessels engaged in commercial service, as defined in 46 U.S.C. 
2101(5), may not pass (meet or overtake) in the RNA and must make a 
SECURITE call when approaching the RNA to announce intentions and work 
out passing arrangements.
    (C) Commercial tows transiting the RNA must be made up with only 
wire rope to ensure electrical connectivity between all segments of the 
tow.
    (D) All vessels are prohibited from loitering in the RNA.
    (E) Vessels may enter the RNA for the sole purpose of transiting to 
the other side and must maintain headway throughout the transit. All 
vessels and persons are prohibited from dredging, laying cable, 
dragging, fishing, conducting salvage operations, or any other activity, 
which could disturb the bottom of the RNA.
    (F) Except for law enforcement and emergency response personnel, all 
personnel on vessels transiting the RNA should remain inside the cabin, 
or as inboard as practicable. If personnel must be on open decks, they 
must wear a Coast Guard approved personal flotation device.
    (G) Vessels may not moor or lay up on the right or left descending 
banks of the RNA.

[[Page 743]]

    (H) Towboats may not make or break tows if any portion of the 
towboat or tow is located in the RNA.
    (I) Persons on board any vessel transiting this RNA in accordance 
with this rule or otherwise are advised they do so at their own risk.
    (J) Vessels must be greater than twenty feet in length.
    (K) Vessels must not be a personal watercraft of any kind (e.g. jet 
skis, wave runners, kayaks, etc.).
    (c) Definitions. The following definitions apply to this section:
    Bow boat means a towing vessel capable of providing positive control 
of the bow of a tow containing one or more barges, while transiting the 
RNA. The bow boat must be capable of preventing a tow containing one or 
more barges from coming into contact with the shore and other moored 
vessels.
    Designated representative means the Captain of the Port Lake 
Michigan and Commanding Officer, Marine Safety Unit Chicago.
    Vessel means every description of watercraft or other artificial 
contrivance used, or capable or being used, as a means of transportation 
on water. This definition includes, but is not limited to, barges.
    (d) Enforcement period. The regulated navigation area and safety 
zone will be enforced from 5 p.m. on December 18, 2009, until 5 p.m. on 
December 1, 2010. This regulated navigation area and safety zone are 
enforceable with actual notice by Coast Guard personnel beginning 
December 18, 2009, until January 6, 2010.
    (e) Compliance. All persons and vessels must comply with this 
section and any additional instructions or orders of the Ninth Coast 
Guard District Commander, or his designated representatives. Any person 
on board any vessel transiting this RNA in accordance with this rule or 
otherwise does so at their own risk.
    (f) Waiver. For any vessel, the Ninth Coast Guard District 
Commander, or his designated representatives, may waive any of the 
requirements of this section, upon finding that operational conditions 
or other circumstances are such that application of this section is 
unnecessary or impractical for the purposes of vessel and mariner 
safety.

    Effective Date Note: By USCG-2009-1080, 75 FR 759, Jan. 6, 2010, 
temporary Sec. 165.T09-1080 was added, effective Jan. 6, 2010 until 5 
p.m. on Dec. 1, 2010. At 75 FR 36291, June 25, 2010, paragraphs (a)(1) 
and (b)(1) were revised and paragraphs (b)(2)(ii)(J) and (b)(2)(ii)(K) 
were added, effective June 25, 2010 until 5 p.m. on Dec. 1, 2010.



Sec. 165.901  Great Lakes--regulated navigation areas.

    (a) Lake Huron. The following are regulated navigation areas:
    (1) The waters of Lake Huron known as South Channel between Bois 
Blanc Island and Cheboygan, Michigan; bounded by a line north from 
Cheyboygan Crib Light (LL-1340) at 45[deg]39[min]48[sec] N, 
84[deg]27[min]36[sec] W; to Bois Blanc Island at 45[deg]43[min]42[sec] 
N, 84[deg]27[min]36[sec] W; and a line north from the mainland at 
45[deg]43[min]00[sec] N, 84[deg]35[min]30[sec] W; to the western tangent 
of Bois Blanc Island at 45[deg]48[min]42[sec] N, 84[deg]35[min]30[sec] 
W.
    (2) The waters of Lake Huron between Mackinac Island and St. Ignace, 
Michigan, bounded by a line east from position 45[deg]52[min]12[sec] N, 
84[deg]43[min]00[sec] W; to Mackinac Island at 45[deg]52[min]12[sec] N, 
84[deg]39[min]00[sec] W; and a line east from the mainland at 
45[deg]53[min]12[sec] N, 84[deg]43[min]30[sec] W; to the northern 
tangent of Mackinac Island at 45[deg]53[min]12[sec] N, 
84[deg]38[min]48[sec] W.
    (b) Lake Michigan. The following is a regulated navigation area--The 
waters of Lake Michigan known as Gray's Reef Passage bounded by a line 
from Gray's Reef Light (LL-2006) at 45[deg]46[min]00[sec] N, 
85[deg]09[min]12[sec] W; to White Shoals Light (LL-2003) at 
45[deg]50[min]30[sec] N, 85[deg]08[min]06[sec] W; to a point at 
45[deg]49[min]12[sec] N, 85[deg]04[min]48[sec] W; then to a point at 
45[deg]45[min]42[sec] N, 85[deg]08[min]42[sec] W; then to the point of 
beginning.
    (c) Regulations. The COTP, Sault Ste. Marie, will close and open 
these regulated navigation areas as ice conditions dictate. Under normal 
seasonal conditions, only one closing each winter and one opening each 
spring are anticipated. Prior to the closing or opening of the regulated 
navigation areas, the COTP will give interested parties, including both 
shipping interests and island residents, not less than 72 hours notice 
of the action. No vessel may navigate in a regulated navigation area 
which has been closed by the COTP. Under emergency conditions, the COTP

[[Page 744]]

may authorize specific vessels to navigate in a closed regulated 
navigation area.

[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD 79-026, 48 FR 
35408, Aug. 4, 1983]



Sec. 165.902  Niagara River at Niagara Falls, New York--safety zone.

    (a) The following is a safety zone--The United States waters of the 
Niagara River from the crest of the American and Horseshoe Falls, 
Niagara Falls, New York to a line drawn across the Niagara River from 
the downstream side of the mouth of Gill Creek to the upstream end of 
the breakwater at the mouth of the Welland River.



Sec. 165.903  Safety Zones: Cuyahoga River and Old River, Cleveland, OH.

    (a) Location. The waters of the Cuyahoga River and the Old River 
extending ten feet into the river at the following eleven locations, 
including the adjacent shorelines, are safety zones, coordinates for 
which are based on NAD 83.
    (1) From the point where the shoreline intersects longitude 
81[deg]42[min]24.5[sec] W, which is the southern side of the Norfolk and 
Southern No. 1 railroad bridge, southeasterly along the shore for six 
hundred (600) feet to the point where the shoreline intersects longitude 
81[deg]42[min]24.5[sec] W, which is the Holy Moses Water Taxi Landing at 
Fado's Restaurant.
    (2) One hundred (100) feet downriver to one hundred (100) feet 
upriver from 41 degrees 29[min]53.5[sec] N, 81 degrees 42[min]33.5[sec] 
W, which is the knuckle on the north side of the Old River entrance at 
Ontario Stone.
    (3) Fifty (50) feet downriver to fifty (50) feet upriver from 41 
degrees 29[min]48.4[sec] N, 81 degrees 42[min]44[sec] W, which is the 
knuckle adjacent to the Ontario Stone warehouse on the south side of the 
Old River.
    (4) From 41 degrees 29[min]51.1[sec] N, 81 degrees 42[min]32.0[sec] 
W, which is the corner of Christie's Cabaret pier at Sycamore Slip on 
the Old River, to fifty (50) feet east of 41 degrees 29[min]55.1[sec] N, 
81 degrees 42[min]27.6[sec] W, which is the north point of the pier at 
Shooter's Restaurant on the Cuyahoga River.
    (5) Twenty-five (25) feet downriver to twenty-five (25) feet upriver 
of 41 degrees 29[min]48.9[sec] N, 81 degrees 42[min]10.7[sec] W, which 
is the knuckle toward the downriver corner of the Nautica Stage.
    (6) Ten (10) feet downriver to ten (10) feet upriver of 41 degrees 
29[min]45.5[sec] N, 81 degrees 42[min]9.7[sec] W, which is the knuckle 
toward the upriver corner of the Nautica Stage.
    (7) The fender on the west bank of the river at 41 degrees 
29[min]45.2[sec] N, 81 degrees 42.10[sec] W, which is the knuckle at 
Bascule Bridge (railroad).
    (8) The two hundred seventy (270) foot section on the east bank of 
the river between the Columbus Road bridge (41 degrees 29[min]18.8[sec] 
N, 81 degrees 42[min]02.3W) downriver to the chain link fence at the 
upriver end of the Commodores Club Marina.
    (9) Fifty (50) feet downriver of twenty-five (25) feet upriver from 
41 degrees 29[min]24.5[sec] N, 81 degrees 41[min]57.2[sec] W, which is 
the knuckle at the Upriver Marine fuel pump.
    (10) Seventy-five (75) feet downriver to seventy-five (75) feet 
upriver from 41 degrees 29[min]33.7[sec] N, 81 degrees 41[min]57.5[sec] 
W. which is the knuckle adjacent to the warehouse at Alpha Precast 
Products (United Ready Mix).
    (11) Fifteen (15) feet downriver to fifteen (15) feet upriver from 
41 degrees 29[min]41[sec] N, 81 degrees 41[min]38.6[sec] W, which is the 
end of the chain link fence between The Club Mega and Shippers C & D.
    (b) Regulations--(1) General Rule. Except as provided below, entry 
of any kind or for any purpose into the foregoing zones is strictly 
prohibited in accordance with the general regulations in Sec. 165.23 of 
this part.
    (2) Exceptions. Any vessel may transit, but not moor, stand or 
anchor in, the foregoing zones as necessary to comply with the Inland 
Navigation Rules or to otherwise facilitate safe navigation. Cargo 
vessels of 1600 gross tons (GT) or greater may moor in these zones when 
conducting cargo transfer operations.
    (3) Waivers. Owners or operators of docks wishing a partial waiver 
of these regulations may apply to the Captain of the Port, Cleveland, 
Ohio. Partial waivers will only be considered to allow for the mooring 
of vessels in a safety zone when vessels of 1600 GT on

[[Page 745]]

greater are not navigating in the proximate area. Any requests for a 
waiver must include a plan to ensure immediate removal of any vessels 
moored in a safety zone upon the approach of a vessel(s) 1600 GTs or 
greater.

[COTP Cleveland REG 89-01, 54 FR 9778, Mar. 8, 1989, as amended by CGD 
09-95-018, 61 FR 37685, July 19, 1996; USCG-2000-7223, 65 FR 40059, June 
29, 2000; USCG-2001-9286, 66 FR 33642, June 25, 2001]



Sec. 165.904  Lake Michigan at Chicago Harbor & Burnham Park Harbor--Safety 

and Security Zone.

    (a) Location. All waters, waterfront facilities, and shoreline areas 
within 1000 yards of the shoreline surrounding Merrill C. Meigs Airfield 
constitute a safety and security zone. This includes all waters 
including Burnham Park Harbor and the southern part of Chicago Harbor, 
Lake Michigan, bounded by the following coordinates:
    (1) Northwest point: 41[deg]52[min]33[sec] N, 87[deg]36[min]58[sec] 
W
    (2) Northeast point: 41[deg]52[min]33[sec] N, 87[deg]35[min]41[sec] 
W
    (3) Southeast point: 41[deg]50[min]42[sec] N, 87[deg]35[min]41[sec] 
W
    (4) Southwest point: 41[deg]50[min]42[sec] N, 87[deg]36[min]33[sec] 
W
    (5) From the southwest point, north along the Lake Michigan 
shoreline, including Burnham Park Harbor, to the northwest point.
    (b) Effective times and dates. This safety and security zone will be 
in effect at various times to be published in the Coast Guard Local 
Notice to Mariners or broadcasted via Marine Radio VHF-FM Channels 16 & 
22. These times will include the actual effective time and date and the 
termination time and date.
    (c) Restrictions. (1) In accordance with the general regulations in 
section 165.23 and 165.33 of this part, entry into this zone is 
prohibited, unless authorized by the U.S. Coast Guard Captain of the 
Port Lake Michigan, or the U.S. Secret Service. Other general 
requirements in Sec. Sec. 165.23 and 165.33 also apply. Further, no 
person may enter or remain in the shoreline areas of the established 
safety and security zone, unless cleared by a Coast Guard or U.S. Secret 
Service official.
    (2) Vessels in Burnham Park Harbor at the commencement of the safety 
and security zone must be moored and remain moored while the safety and 
security zone is established, unless authorized to get underway by a 
Coast Guard or U.S. Secret Service official.
    (3) No person may engage in swimming, snorkeling, or diving within 
the established safety and security zone, except with the permission of 
the Captain of the Port or U.S. Secret Service.

[CGD09-94-005, 59 FR 45227, Sept. 1, 1994]



Sec. 165.905  USX Superfund Site Safety Zones: St. Louis River.

    (a) The following areas of the St. Louis River, within the 
designated boxes of latitude and longitude, are safety zones:
    (1) Safety Zone 1 (North Spirit Lake):

North Boundary: 46[deg]41[min]33[sec] W
South Boundary: 46[deg]41[min]18[sec] W
East Boundary: 92[deg]11[min]53[sec] W
West Boundary: 92[deg]12[min]11[sec] W

    (2) Safety Zone 2 (South Spirit Lake):

North Boundary: 46[deg]40[min]45[sec] N
South Boundary: 46[deg]40[min]33[sec] N
East Boundary: 92[deg]11[min]40[sec] W
West Boundary: 92[deg]12[min]05[sec] W

    (b) Transit of vessels through the waters covered by these zones is 
prohibited. Swimming (including water skiing or other recreational use 
of the water which involves a substantial risk of immersion in the 
water) or taking of fish (including all forms of aquatic animals) from 
the waters covered by these safety zones is prohibited at all times.

[CGD09-95-026, 60 FR 52862, Oct. 11, 1995]



Sec. 165.906  Lakeside Yacht Club in Cleveland Harbor, Cleveland, OH--

regulated navigation areas.

    (a) Restricted Areas. The following are areas inside Cleveland 
Harbor which are subject to navigational restrictions based on the 
height of vessel masts as specified in paragraph (b) of this section. 
For the purpose of this section, the term ``mast'' will be used to 
include masts, antennae or any other portion of the vessel extending 
above the waterline. All of these areas are inside the ``Lakeside Yacht 
Club entrance channel,'' defined as the water area between the Lakeside 
Yacht Club

[[Page 746]]

jetties and the Burke Lakefront Airport landfill, or inside the 
``Lakeside Yacht Club docks,'' defined as the docking area inside the 
Lakeside Yacht Club jetties and immediately adjacent to Lakeside Yacht 
Club.
    (1) Restricted area no. 1. Restricted area no. 1 is the water area 
on the southwest end of the Lakeside Yacht Club entrance channel which 
is southwest of a line running 328[deg] T and northwest of a line 
running 232[deg] T from a point at 41[deg]31[min]28.00[sec] N, 
81[deg]40[min]02.60[sec] W, which point is marked by a fixed flashing 
yellow light.
    (2) Restricted area no. 2. Restricted area no. 2 is the water area 
of the Lakeside Yacht Club entrance channel which is outside restricted 
area no. 1 and the entrance to the Yacht Club docking area, and 
southwest of a line running 328[deg] T from the intersection of 
81[deg]39[min]58.47[sec] W and reference line running between point A at 
41[deg]31[min]33.45[sec] N, 81[deg]39[min]47.45[sec] W and point B at 
41[deg]31[min]19.67[sec] N, 81[deg]40[min]19.17[sec] W.
    (3) Restricted area no. 3. Restricted area no. 3 is the water area 
of the Lakeside Yacht Club entrance channel which is outside restricted 
area no. 1, and southwest of a line running 328[deg] T from point A at 
41[deg]31[min]33.45[sec] N., 81[deg]39[min]47.45[sec] W.
    (4) Restricted area no. 4. Restricted area no. 4 is the area inside 
the Lakeside Yacht Club docks which is southwest of a line running 
328[deg] T from the intersection of 81[deg]39[min]58.47[sec] W and a 
reference line running between point A at 41[deg]31[min]33.45[sec] N, 
81[deg]39[min]47.45[sec] W and point B at 41[deg]31[min]19.67[sec] N, 
81[deg]40[min]19.17[sec] W, and northwest of the same reference line.
    (5) Restricted area no. 5. Restricted area no. 5 is the area inside 
the Lakeside Yacht Club docks which is outside restricted area 4 and 
northwest of a line 183 feet southeast and parallel to a reference line 
running between point A at 41[deg]31[min]33.45[sec] N, 
81[deg]39[min]47.45[sec] W and point B at 41[deg]31[min]19.67[sec] N, 
81[deg]40[min]19.17[sec] W.
    (6) Restricted area no. 6. Restricted area no. 6 is the area inside 
the Lakeside Yacht Club docks which is outside restricted areas 4 and 5.
    (b) Restrictions applicable to vessels of certain heights. Vessels 
with masts of certain heights are subject to the following restrictions 
with reference to the restricted areas detailed in paragraph (a) of this 
section. The height of a vessel is the height above the water line of 
masts, antennas, navigational equipment, or any other structure.
    (1) Less than 41 feet. Vessels less than 41 feet in height are not 
subject to any restrictions under this section.
    (2) 41 to 45 feet. Vessels at least 41 feet in height yet less than 
45 feet in height may not enter restricted area 1.
    (3) 45 to 53 feet. Vessels at least 45 feet in height yet less than 
53 feet in height may not enter restricted area 1 and must comply with 
the clearance procedures prescribed in paragraph (c) when navigating 
through restricted area 2.
    (4) 53 to 63 feet. Vessels at least 53 feet in height yet less than 
63 feet in height may not enter restricted area 1, must comply with the 
clearance procedures prescribed in paragraph (c) of this section when 
navigating through restricted area 2, and may not dock in or enter 
restricted area 4 at any time.
    (5) 63 to 95 feet. Vessels at least 63 feet in height yet less than 
95 feet in height may not enter restricted area 1, must comply with the 
clearance procedures prescribed in paragraph (c) of this section when 
navigating through restricted areas 2 or 3, and may not dock in or enter 
restricted areas 4 or 5 at any time.
    (6) 95 feet or more. Vessel 95 feet or more in height may not enter 
any restricted area, 1 through 6, at any time.
    (c) Clearance procedures. Except during the times specified in 
paragraph (d), operators of vessels subject to these procedures must do 
the following:
    (1) Obtain clearance from the Burke Lakefront Air Traffic Control 
Tower before navigating through the restricted area(s);
    (2) Navigate promptly through the area(s) at a safe and practical 
speed. Navigation at a safe and practical speed includes brief stops at 
the fueling dock inside restricted area 3 by vessels with masts between 
63 and 95 feet in height; and
    (3) Promptly inform the Burke Lakefront Air Traffic Control Tower 
after clearing the restricted area(s), or of any difficulty preventing 
prompt clearance. The Burke Lakefront Air Traffic Control Tower may be 
contacted on

[[Page 747]]

marine radio channel 14, or by telephone at (216) 781-6411 except as 
noted during the suspended hours listed in paragraph (d) of this 
section. The radio and telephone will be manned when the instrument 
guided approach system is being utilized.
    (4) Clearance may also be obtained for longer periods or for groups 
of vessels when arranged in advance with Burke Lakefront Airport by any 
appropriate means of communication, including a prior written agreement.
    (d) Enforcement of clearance requirements. The clearance procedures 
specified in paragraph (c) of this section will not be enforced during 
the following times:
    (1) 11:00 p.m. n Fridays to 7:00 a.m. on Saturdays.
    (2) 11:00 p.m. on Saturdays to 8:00 a.m. on Sundays.
    (3) 12:00 midnight Sunday nights to 7:00 a.m. on Mondays.
    (e) Enforcement. This section will not be enforced during any period 
in which the Federal Aviation Administration withdraws approval for 
operation of an instrument-only approach to runway 24 on the northeast 
end of Burke Lakefront Airport.

[CGD09-97-002, 64 FR 8006, Feb. 18, 1999]



Sec. 165.907  [Reserved]



Sec. 165.909  [Reserved]



Sec. 165.910  Security Zones; Captain of the Port Lake Michigan.

    (a) Security zones. The following areas, defined by coordinates 
based upon North American Datum 1983, are security zones:
    (1) Navy Pier Northside. (i) Location. All waters between the Navy 
Pier and the Jardine Water Filtration Plant shoreward of a line drawn 
from the southeast corner of the Jardine Water Filtration Plant at 
41[deg]53[min]36[sec] N, 87[deg]36[min]10[sec] W, to the northeast 
corner of the Navy Pier at 41[deg]53[min]32[sec] N, 
87[deg]35[min]55[sec] W; then following the Navy Pier, seawall, and 
Jardine Water Filtration Plant back to the beginning.
    (ii) Regulations. The Captain of the Port Lake Michigan will 
normally permit those U.S. Coast Guard certificated passenger vessels 
that normally load and unload passengers at Navy Pier to operate in the 
zone. However, should the Captain of the Port Lake Michigan determine it 
is appropriate, he will require even those U.S. Coast Guard certificated 
passenger vessels which normally load and unload passengers at Navy Pier 
to request permission before leaving or entering the security zones. The 
Captain of the Port Lake Michigan will notify these vessels via 
Broadcast Notice to Mariners if they must notify the Coast Guard before 
entering or transiting the security zone. As such, vessels that 
regularly operate within this zone are responsible for monitoring 
Broadcasts Notice to Mariners for the Chicago area. These broadcasts 
will be made by U.S. Coast Guard Sector Lake Michigan.
    (2) Dresden Nuclear Power Plant. All waters of the Illinois River in 
the vicinity of Dresden Nuclear Power Plant encompassed by a line 
starting on the shoreline at 41[deg]23[min]45[sec] N, 
88[deg]16[min]18[sec] W; then east to the shoreline at 
41[deg]23[min]39[sec] N, 88[deg]16[min]09[sec] W; then following along 
the shoreline back to the beginning.
    (3) Donald C. Cook Nuclear Power Plant. All waters of Lake Michigan 
around the Donald C. Cook Nuclear Power Plant encompassed by a line 
starting on the shoreline at 41[deg]58.656[min] N, 86[deg]33.972[min] W; 
then northwest to 41[deg]58.769[min] N, 86[deg]34.525[min] W; then 
southwest to 41[deg]58.589[min] N, 86[deg]34.591[min] W; then southeast 
to the shoreline at 41[deg]58.476[min] N, 86[deg]34.038[min] W; and 
following along the shoreline back to the beginning.
    (4) Palisades Nuclear Power Plant. All waters of Lake Michigan 
around the Palisades Nuclear Power Plant within a line starting on the 
shoreline at 42[deg]19[min]07[sec] N, 86[deg]19[min]05[sec] W; then 
northwest to 42[deg]19[min]22[sec] N, 86[deg]19[min]54[sec] W; then 
north to 42[deg]19[min]44[sec] N, 86[deg]19[min]43[sec] W; then 
southeast back to the shoreline at 42[deg]19[min]31[sec] N, 
86[deg]18[min]50[sec] W; then following along the shoreline back to the 
beginning.
    (5) Hammond Intake Crib. All navigable waters bounded by the arc of 
a circle with a 100-yard radius with its center in approximate position 
41[deg]42[min]15[sec] N, 087[deg]29[min]49[sec] W (NAD 83).
    (6) Zion Nuclear Power Plant. All waters of Lake Michigan 
encompassed by a line starting on the shoreline at 42[deg]26[min]36[sec] 
N, 87[deg]48[min]03[sec] W; then southeast to 42[deg]26[min]20[sec] N, 
87[deg]47[min]35[sec] W; then northeast to 42[deg]26[min]53[sec] N, 
87[deg]47[min]22[sec] W; then

[[Page 748]]

northwest to the shoreline at 42[deg]27[min]06[sec] N, 
87[deg]48[min]00[sec] W; then following along the shoreline back to the 
beginning.
    (7) 68th Street Water Intake Crib. All waters of Lake Michigan 
within the arc of a circle with a 100-yard radius of the 68th Street 
Crib with its center in approximate position 41[deg]47[min]10[sec] N, 
87[deg]31[min]51[sec] W.
    (8) Dever Water Intake Crib. All waters of Lake Michigan within the 
arc of a circle with a 100-yard radius of the Dever Crib with its center 
in approximate position 41[deg]54[min]55[sec] N, 87[deg]33[min]20[sec] 
W.
    (9) 79th Street Water Intake Crib. All waters of Lake Michigan 
within the arc of a circle with a 100-yard radius of the 79th Street 
Water Filtration Plant with its center in the approximate position 
41[deg]45[min]30[sec] N, 87[deg]32[min]32[sec] W.
    (b) Regulations. (1) Under Sec. 165.33, entry into these zones is 
prohibited unless authorized by the Coast Guard Captain of the Port Lake 
Michigan. Section 165.33 also contains other general requirements.
    (2) All persons and vessels shall comply with the instruction of the 
Captain of the Port Lake Michigan or the designated on-scene U.S. Coast 
Guard patrol personnel. On-scene patrol personnel include commissioned, 
warrant, and petty officers of the U.S. Coast Guard on board Coast 
Guard, Coast Guard Auxiliary, local, state, and federal law enforcement 
vessels. Emergency response vessels are authorized to move within the 
zone but must abide by the restrictions imposed by the Captain of the 
Port.
    (3) Persons who would like to transit through a security zone in 
this section must contact the Captain of the Port at telephone number 
(630) 986-2175 or on VHF channel 16 (121.5 MHz) to seek permission to 
transit the area. If permission is granted, all persons and vessels 
shall comply with the instructions of the Captain of the Port or his or 
her designated representative.
    (c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the 
authority for this section includes 33 U.S.C. 1226.

[CGD09-02-001, 67 FR 53502, Aug. 16, 2002; 67 FR 65041, Oct. 23, 2002, 
as amended by CGD09-04-020, 69 FR 71709, Dec. 10, 2004]



Sec. 165.911  Security Zones; Captain of the Port Buffalo Zone.

    (a) Location. The following are security zones:
    (1) Nine Mile Point and Fitzpatrick Nuclear Power Plants. The 
navigable waters of Lake Ontario bounded by the following coordinates: 
commencing at 43[deg]30.8[min] N, 076[deg]25.7[min] W; then north to 
43[deg]31.2[min] N, 076[deg]25.7[min] W; then east-northeast to 
43[deg]31.6[min] N, 076[deg]24.9[min] W; then east to 43[deg]31.8[min] 
N, 076[deg]23.2[min] W; then south to 43[deg]31.5[min] N, 
076[deg]23.2[min] W; and then following the shoreline back to the point 
of origin (NAD 83).
    (2) Ginna Nuclear Power Plant. The waters of Lake Ontario bounded by 
the following area, starting at 43[deg]16.9[min] N, 077[deg]18.9[min] W; 
then north to 43[deg]17.3[min] N, 077[deg]18.9[min] W; then east to 
43[deg]17.3[min] N, 077[deg]18.3[min] W; then south to 43[deg]16.7[min] 
N, 077[deg]18.3[min] W; then following the shoreline back to starting 
point (NAD 83).
    (3) Moses-Saunders Power Dam. The waters of the St. Lawrence River 
bounded by the following area, starting at 45[deg]00.73[min] N, 
074[deg]47.85[min] W; southeast following the international border to 
45[deg]00.25[min] N, 074[deg]47.56[min] W; then southwest to 
45[deg]00.16[min] N, 074[deg]47.76[min] W; then east to the shoreline at 
45[deg]00.16[min] N, 074[deg]47.93[min] W; then northwest to 
45[deg]00.36[min] N, 074[deg]48.16[min] W; then northeast back to the 
starting point (NAD 83).
    (4) Long Sault Spillway Dam. The waters of the St. Lawrence River 
bounded by the following area, starting at 44[deg]59.5[min] N, 
074[deg]52.0[min] W; north to 45[deg]00.0[min] N, 074[deg]52.0[min] W; 
east to 45[deg]00.0[min] N, 074[deg]51.6[min] W, then south to 
44[deg]59.5[min] N, 074[deg]51.6[min] W; then west back to the starting 
point (NAD 83).
    (b) Regulations. (1) In accordance with Sec. 165.33, entry into 
this zone is prohibited unless authorized by the Coast Guard Captain of 
the Port Buffalo.
    (2) Persons or vessels desiring to transit the area of the Nine Mile 
Point and Fitzpatrick Nuclear Power Plants or Ginna Nuclear Power Plant 
security zones must contact the Captain of the Port Buffalo at telephone 
number (716) 843-9570, or on VHF/FM channel 16 to seek permission to 
transit the area. Persons desiring to transit the area of Moses-Saunders 
Power Dam or Long Sault Spillway Dam security zones must contact the 
Supervisor, Marine

[[Page 749]]

Safety Detachment Massena at telephone number (315) 764-3284, or on VHF/
FM channel 16 to seek permission to transit the area. If permission is 
granted, all persons and vessels shall comply with the instructions of 
the Captain of the Port or his or her designated representative.
    (c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the 
authority for this section includes 33 U.S.C. 1226.

[CGD09-02-005, 67 FR 53500, Aug. 16, 2002]



Sec. 165.912  Security Zone; Lake Erie, Perry, OH.

    (a) Location: The following area is a security zone: all navigable 
waters of Lake Erie bounded by a line drawn between the following 
coordinates beginning at 41[deg] 48.187[min] N, 081[deg] 08.818[min] W; 
then due north to 41[deg] 48.7[min] N, 081[deg] 08.818[min] W; then due 
east to 41[deg] 48.7[min] N, 081[deg] 08.455[min] W; then due south to 
the south shore of Lake Erie at 41[deg] 48.231[min] N, 081[deg] 
08.455[min] W; thence westerly following the shoreline back to the 
beginning (NAD 83).
    (b) Regulations. In accordance with the general regulations in Sec. 
165.33 of this part, entry into this zone is prohibited unless 
authorized by the Coast Guard Captain of the Port Cleveland, or the 
designated on-scene representative.
    (c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the 
authority for this section includes 33 U.S.C. 1226.

[CGD09-02-006, 67 FR 52611, Aug. 13, 2002]



Sec. 165.914  [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 and adjacent 
shoreline encompassed by a line commencing at 41[deg]58.4[min] N, 
083[deg]15.4[min] W; then northeast to 41[deg]58.5[min] N, 
083[deg]15.0[min] W; then southeast to 41[deg]58.2[min] N, 
083[deg]13.7[min] W; then south to 41[deg]56.9[min] N, 083[deg]13.8[min] 
W; then west to 41[deg]56.9[min] N, 083[deg]15.2[min] W; then back to 
the starting point at 41[deg]58.4[min] N, 083[deg]15.4[min] W (NAD 83).
    (2) Davis Besse Nuclear Power Station. All waters and adjacent 
shoreline encompassed by a line commencing at 41[deg]36.1[min] N, 
083[deg]04.7[min] W; north to 41[deg]37.0[min] N, 083[deg]03.9[min] W; 
east to 41[deg]35.9[min] N, 083[deg]02.5[min] W; southwest to 
41[deg]35.4[min] N, 083[deg]03.7[min] W; then back to the starting point 
41[deg]36.1[min] N, 083[deg]04.7[min] W (NAD 83).
    (b) Regulations. (1) In accordance with Sec. 165.33, entry into 
this zone is prohibited unless authorized by the Coast Guard Captain of 
the Port Detroit. Section 165.33 also contains other general 
requirements.
    (2) Persons desiring to transit through either of these security 
zones, prior to transiting, must contact the Captain of the Port Detroit 
at telephone number (419) 418-6050, or on VHF/FM channel 16 and request 
permission. If permission is granted, all persons and vessels shall 
comply with the instructions of the Captain of the Port or his or her 
designated representative.
    (c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the 
authority for this section includes 33 U.S.C. 1226.

[CGD09-02-011, 67 FR 46386, July 15, 2002]



Sec. 165.916  Security Zones; Captain of the Port Milwaukee Zone, Lake 

Michigan.

    (a) Location. The following are security zones:
    (1) Kewaunee Nuclear Power Plant. All navigable waters of Western 
Lake Michigan encompassed by a line commencing from a point on the 
shoreline at 44[deg]20.715[min] N, 087[deg]32.080[min] W; then easterly 
to 44[deg]20.720[min] N, 087[deg]31.630[min] W; then southerly to 
44[deg]20.480[min] N, 087[deg]31.630[min] W; then westerly to 
44[deg]20.480[min] N, 087[deg]31.970[min] W, then northerly following 
the shoreline back to the point of origin (NAD 83).
    (2) Point Beach. All navigable waters of Western Lake Michigan 
encompassed by a line commencing from a point on the shoreline at 
44[deg] 17.06 N, 087[deg] 32.15 W, then northeasterly to 44[deg] 17.12 
N, 087[deg] 31.59 W, then southeasterly to 44[deg] 16.48 N, 087[deg] 
31.42 W, then southwesterly to 44[deg] 16.42 N, 087[deg] 32.02 W, then 
northwesterly along the shoreline back to the point of origin. All 
coordinates are based upon North American Datum 1983.
    (b) Regulations. (1) In accordance with Sec. 165.33, entry into 
this zone is prohibited unless authorized by the Coast Guard Captain of 
the Port Milwaukee. Section 165.33 also contains other general 
requirements.

[[Page 750]]

    (2) Persons desiring to transit the area of the security zone may 
contact the Captain of the Port at telephone number (414) 747-7155 or on 
VHF-FM Channel 16 to seek permission to transit the area. If permission 
is granted, all persons and vessels shall comply with the instructions 
of the Captain of the Port or his or her designated representative.
    (c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the 
authority for this section includes 33 U.S.C. 1226.

[CGD09-02-007, 67 FR 49578, July 31, 2002, as amended by CGD09-03-277, 
69 FR 4242, Jan. 29, 2004]



Sec. 165.918  [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 the following: 
starting at the northwest corner at 43[deg]00.4[min] N, 
082[deg]25.327[min] W; then east to 43[deg]00.4[min] N, 
082[deg]25.23.8[min] W; then south to 43[deg]00.3[min] N, 
082[deg]25.238[min] W; then west to 43[deg]00.3[min] N, 
082[deg]25.327[min] W; then following the shoreline north back to the 
point of origin (NAD 83).
    (b) Special regulations. No vessel may fish, anchor, or moor within 
the RNA without obtaining the approval of the Captain of the Port (COTP) 
Detroit. Vessels need not request permission from COTP Detroit if only 
transiting through the RNA. COTP Detroit can be reached by telephone at 
(313) 568-9580, or by writing to: MSO Detroit, 110 Mt. Elliot Ave., 
Detroit MI 48207-4380.

[CDG09-03-287, 69 FR 23103, Apr. 28, 2004]



Sec. 165.921  Regulated Navigation Area; Reporting Requirements for Barges 

Loaded with Certain Dangerous Cargoes, Illinois Waterway System located within 

the Ninth Coast Guard District.

    (a) Regulated Navigation Area. The following waters are a regulated 
navigation area (RNA): the Illinois Waterway System above mile 187.2 to 
the Chicago Lock on the Chicago River at mile 326.7 and to the 
confluence of the Calumet River and Lake Michigan at mile 333.5 of the 
Calumet River.
    (b) Applicability. This section applies to towing vessel operators 
and fleeting area managers responsible for CDC barges in the RNA. This 
section does not apply to towing vessel operators responsible for barges 
not carrying CDC barges, or fleet tow boats moving one or more CDC 
barges within a fleeting area.
    (c) Definitions. As used in this section--
    Barge means a non-self propelled vessel engaged in commerce, as set 
out in 33 CFR 160.204.
    Certain Dangerous Cargo or (CDC) includes any of the following:
    (1) Division 1.1 or 1.2 explosives as defined in 49 CFR 173.50.
    (2) Division 1.5D blasting agents for which a permit is required 
under 49 CFR 176.415 or, for which a permit is required as a condition 
of a Research and Special Programs Administration exemption.
    (3) Division 2.3 ``poisonous gas'', as listed in 49 CFR 172.101 that 
is also a ``material poisonous by inhalation'' as defined in 49 CFR 
171.8, and that is in a quantity in excess of 1 metric ton per barge.
    (4) Division 5.1 oxidizing materials for which a permit is required 
under 49 CFR 176.415 or, for which a permit is required as a condition 
of a Research and Special Programs Administration exemption.
    (5) A liquid material that has a primary or subsidiary 
classification of Division 6.1 ``poisonous material'' as listed in 49 
CFR 172.101 that is also a ``material poisonous by inhalation'', as 
defined in 49 CFR 171.8 and that is in a bulk packaging, or that is in a 
quantity in excess of 20 metric tons per barge when not in a bulk 
packaging.
    (6) Class 7, ``highway route controlled quantity'' radioactive 
material or ``fissile material, controlled shipment'', as defined in 49 
CFR 173.403.
    (7) Bulk liquefied chlorine gas and bulk liquefied gas cargo that is 
flammable and/or toxic and carried under 46 CFR 154.7.
    (8) The following bulk liquids--
    (i) Acetone cyanohydrin,
    (ii) Allyl alcohol,
    (iii) Chlorosulfonic acid,
    (iv) Crotonaldehyde,
    (v) Ethylene chlorohydrin,
    (vi) Ethylene dibromide,
    (vii) Methacrylonitrile,

[[Page 751]]

    (viii) Oleum (fuming sulfuric acid), and
    (ix) Propylene Oxide.
    CDC barge means a barge containing CDCs or CDC residue.
    Downbound means the tow is traveling with the current.
    Fleet tow boat means any size vessel that is used to move, 
transport, or deliver a CDC barge within a fleeting area.
    Fleeting area means any fleet, including any facility, located 
within the area covered by one single port.
    Inland River Vessel Movement Center or (IRVMC) means the Coast Guard 
office that is responsible for collecting the information required by 
this section.
    Ninth Coast Guard District means the Coast Guard District as set out 
in 33 CFR 3.45-1.
    Towing vessel means any size vessel that is used to move, transport, 
or deliver a CDC barge to a fleet or facility that is located in a 
different port than where the voyage originated.
    Towing vessel operator means the Captain or pilot who is on watch on 
board a towing vessel.
    Upbound means the tow is traveling against the current.
    (d) Regulations. The following must report to the Inland River 
Vessel Movement Center (IRVMC):
    (1) The towing vessel operator responsible for one or more CDC 
barges in the RNA must report all the information items specified in 
table 165.921(f), in paragraph (f) of this section, to the IRVMC:
    (i) Upon point of entry into the RNA with one or more CDC barges;
    (ii) Four hours before originating a voyage within the RNA with one 
or more CDC barges, except if the evolution of making up a tow with a 
CDC barge will take less than 4 hours before originating a voyage, and 
the towing vessel operator did not receive the order to make up a tow 
with a CDC barge in advance of 4 hours before originating the voyage 
with one or more CDC barges, in which case the towing vessel operator 
shall submit the required report to the IRVMC as soon as possible after 
receiving orders to make up a tow with one or more CDC barges;
    (iii) Upon dropping off one or more CDC barges at a fleeting area or 
facility;
    (iv) Upon picking up one or more additional CDC barges from a 
fleeting area or facility;
    (v) At designated reporting points, set forth in paragraph of this 
section;
    (vi) When the estimated time of arrival (ETA) to a reporting point 
varies by 6 hours from the previously reported ETA;
    (vii) Any significant deviation from previously reported 
information;
    (viii) Upon departing the RNA with one or more CDC barges; and
    (ix) When directed by the IRVMC.
    (2) The fleeting area manager responsible for one or more CDC barges 
in the RNA must report all the information items specified in table 
165.921(g), in paragraph (g) of this section, to the IRVMC:
    (i) Once daily, report all CDC barges within the fleeting area;
    (ii) Upon moving one or more CDC barges within a fleeting area by a 
fleet tow boat;
    (iii) Any significant deviation from previously reported 
information; and
    (iv) When directed by the IRVMC.
    (3) Reports required by this section may be made by a company 
representative or dispatcher on behalf of the fleeting area manager.
    (4) Reports required by this section must be made to the IRVMC 
either by telephone to (866) 442-6089, by fax to (866) 442-6107, or by 
e-mail to [email protected]. A reporting form and e-mail link are 
available at http://www.uscg.mil/d8/Divs/M/IRVMC.htm.
    (5) The general regulations contained in 33 CFR 165.13 apply to this 
section.
    (e) Ninth Coast Guard District Illinois Waterway System RNA 
Reporting points. Towing vessel operators responsible for one or more 
CDC barges in the RNA must make reports to the Inland River Vessel 
Movement Center at each point listed in this paragraph (e).
    (1) Illinois River (ILR) Upbound, at Mile Markers (M) and when 
Departing Lock & Dam (L&D)--
    (i) M 187.2 (Southern Boundary MSU Chicago AOR),
    (ii) M 303.5 Junction of Chicago Sanitary Ship Canal and Calumet-Sag 
Channel,

[[Page 752]]

    (iii) M 326.4 Thomas S. O'Brien L&D, Calumet River,
    (iv) M 333.5 Confluence of Calumet River and Lake Michigan, and
    (v) M 326.7 Chicago L&D, Chicago River.
    (2) Illinois River (ILR) Downbound Reporting Points, at Mile Markers 
(M) and when Departing Lock & Dam (L&D)--
    (i) M 326.7 Chicago L&D, Chicago River,
    (ii) M 333.5 Confluence of Calumet River and Lake Michigan,
    (iii) M 326.4 Thomas S. O'Brien L&D, Calumet River,
    (iv) M 303.5 Junction of Chicago Sanitary Ship Canal and Calumet-Sag 
Channel, and
    (v) M 187.2 (Southern Boundary MSU Chicago AOR).
    (f) Information to be reported to the IRVMC by towing vessel 
operators. With the exception noted in paragraph (d)(1)(ii) of this 
section, towing vessel operators responsible for one or more CDC barges 
in the RNA must report all the information required by this section as 
set out in table 165.921(f) of this paragraph.

[[Page 753]]



                                  Table 165.921(f)--Information To Be Reported to the IRVMC by Towing Vessel Operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                               Name and
                                                                                               Estimated     location of
                                                                                                time of     destination of                Estimated time
                                              24-hour     Name of    Barge(s)    Type, name    departure      CDC barge                     of arrival
                                              contact     vessel     name and    and amount       from      (fleeting area   Reporting    (ETA) to next
                                              number      moving     official      of CDC       fleeting    or facility),      point     reporting point
                                                         barge(s)     number       onboard      area or       including                  (If applicable)
                                                                                                facility    estimated time
                                                                                                              of arrival
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Upon point of entry into the RNA with           X           X           X             X   ...........               X            X                X
 a CDC barge..............................
(2) 4 hours before originating a voyage             X           X           X             X            X                X   ...........               X
 within the RNA with one or more CDC
 barges; but see exception in paragraph
 (d)(1)(ii) of this section...............
(3) Upon dropping off one or more CDC       ..........          X           X
 barges at a fleeting area or facility....
(4) Upon picking up one or more additional  ..........          X           X             X
 CDC barges from a fleeting area or
 facility.................................
(5) At designated reporting points in       ..........          X           X         (\1\)   ...........           (\1\)            X                X
 165.921(e)...............................
(6) When ETA to a reporting point varies    ..........          X       (\1\)         (\1\)   ...........  ...............  ...........               X
 by 6 hours from previously reported ETA..
(7) Any significant deviation from                  X           X           X             X            X                X            X                X
 previously reported information (all that
 apply)...................................
(8) Upon departing the RNA with a CDC       ..........          X           X   ............  ...........  ...............           X
 barge (s)................................
(9) When directed by the IRVMC............          X           X           X             X            X                X            X               X
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ If changed.


[[Page 754]]

    (g) Information to be reported to the IRVMC by fleeting area 
managers. Fleeting area managers responsible for one or more CDC barges 
in the RNA must report the information required by this section as set 
out in table 165.921(g) to this paragraph.

               Table 165.921(g)--Information To Be Reported to the IRVMC by Fleeting Area Managers
----------------------------------------------------------------------------------------------------------------
                                                                                                 Location of CDC
                                              24-hour contact   Barge(s) name    Type, name and  barge (fleeting
                                                   number        and official    amount of CDC       area or
                                                                    number          onboard         facility)
----------------------------------------------------------------------------------------------------------------
(1) Once daily, all CDC barges in a fleeting               X                X                X                X
 area.......................................
(2) Upon moving one or more CDC barges        ...............               X                X                X
 within a fleeting area by a fleet tow boat.
(3) Any significant deviation from                         X                X                X                X
 previously reported information (all that
 apply).....................................
(4) When directed by the IRVMC..............               X                X                X                X
----------------------------------------------------------------------------------------------------------------

    (h) Alternative reporting. The Ninth Coast Guard District Commander 
may consider and approve alternative methods to be used by a reporting 
party to meet any reporting requirements if--
    (1) The request is submitted in writing to Commander, Ninth Coast 
Guard District (m), 1240 E. Ninth Street, Cleveland, Ohio, 44199-2060; 
and
    (2) The alternative provides an equivalent level of the reporting 
that which would be achieved by the Coast Guard with the required check-
in points.
    (i) Deviation from this section is prohibited unless specifically 
authorized by the Commander, Ninth Coast Guard District or the IRVMC.

(Approved by the Office of Management and Budget under OMB control 
number 1625-1505)

[CDG09-03-241, 68 FR 57622, Oct. 6, 2003]



Sec. 165.923  Regulated Navigation Area between mile markers 296.1 and 296.7 

of the 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, IL between 
the north side of Romeo Road Bridge Mile Marker 296.1, and the south 
side of the Aerial Pipeline Mile Marker 296.7.
    (b) Regulations. (1) The general regulations contained in 33 CFR 
165.13 apply.
    (2) All vessels are prohibited from loitering in the regulated 
navigation area.
    (3) Vessels may enter the regulated navigation area for the sole 
purpose of transiting to the other side, and must maintain headway 
throughout the transit.
    (4) All personnel on open decks must wear a Coast Guard approved 
Type I personal flotation device while in the regulated navigation area.
    (5) Vessels may not moor or lay up on the right or left descending 
banks of the regulated navigation area.
    (6) Towboats may not make or break tows in the regulated navigation 
area.
    (7) Vessels may not pass (meet or overtake) in the regulated 
navigation area and must make a SECURITE call when approaching the 
barrier to announce intentions and work out passing arrangements on 
either side.
    (8) Commercial tows transiting the regulated navigation area must be 
made up with wire rope to ensure electrical connectivity between all 
segments of the tow.
    (c) Compliance. All persons and vessels shall comply with this rule 
and any additional instructions of the Ninth Coast Guard District 
Commander, or his designated representative. The Captain of the Port, 
Lake Michigan is a designated representative of the District Commander 
for the purposes of this rule.

[CGD09-05-131, 70 FR 76694, Dec. 28, 2005]

    Effective Date Note: By USCG-2009-1080, 75 FR 759, Jan. 6, 2010, 
Sec. 165.923 was suspended from Jan. 6, 2010 until 5 p.m. on Dec. 1, 
2010.



Sec. 165.927  Safety Zone; St. Louis River, Duluth/Interlake Tar Remediation 

Site, Duluth, MN.

    (a) Location: The following area is a safety zone: All waters of 
Stryker Bay

[[Page 755]]

and Hallett Slips 6 & 7 which are located north of a boundary line 
delineated by the following points: From the shoreline at 
46[deg]43[min]10.00[sec] N, 092[deg]10[min]31.66[sec] W, then south to 
46[deg]43[min]06.24[sec] N, 092[deg]10[min]31.66[sec] W, then east 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 general regulations in 
Sec. 165.23 of this part, entry into, transiting, or anchoring within 
this safety zone is prohibited unless authorized by the Captain of the 
Port Duluth, or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Duluth or his designated on-
scene representative.
    (3) The ``designated on-scene representative'' of the Captain of the 
Port is any Coast Guard commissioned, warrant or petty officer who has 
been designated by the Captain of the Port to act on his behalf. The on-
scene representative of the Captain of the Port will be aboard either a 
Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or 
his designated on-scene representative may be contacted by calling Coast 
Guard Marine Safety Unit Duluth at (218) 720-5286.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port Duluth to obtain permission 
to do so. Vessel operators given permission to enter or operate in the 
safety zone shall comply with all directions given to them 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 this section:
    (1) Designated Representative means those persons designated by the 
Captain of the Port to monitor these security zones, permit entry into 
these zones, give legally enforceable orders to persons or vessels 
within these zones and take other actions authorized by the Captain of 
the Port. Persons authorized in paragraph (e) to enforce this section 
and Vessel Traffic Service St. Marys River (VTS) are Designated 
Representatives.
    (2) Federal Law Enforcement Officer means any employee or agent of 
the United States government who has the authority to carry firearms and 
make warrantless arrests and whose duties involve the enforcement of 
criminal laws of the United States.
    (3) Navigable waters of the United States means those waters defined 
as such in 33 CFR part 2.
    (4) Public vessel means vessels owned, chartered, or operated by the 
United States, or by a State or political subdivision thereof.
    (5) Michigan Law Enforcement Officer means any regularly employed 
member of a Michigan police force responsible for the prevention and 
detection of crime and the enforcement of the general criminal laws of 
Michigan as defined in Michigan Compiled Laws section 28.602(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 the northeast 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 the point of origin. The zone described 
above includes all waters on either side of the Mackinac Bridge within 
one-quarter mile of the bridge. [Datum: NAD 1983].
    (c) Obtaining permission to enter or move within, the security zone: 
All vessels must obtain permission from the COTP or a Designated 
Representative to enter or move within, the security zone established in 
this section. Vessels with an operable Automatic Identification System 
(AIS) unit should seek permission from the COTP or a Designated 
Representative at least 1 hour in advance. Vessels with an operable AIS 
unit may contact VTS St. Marys River (Soo Traffic) on VHF channel 12. 
Vessels without an operable AIS unit should seek permission at least 30 
minutes in advance. Vessels

[[Page 756]]

without an operable AIS unit may contact Coast Guard Station St. Ignace 
on VHF channel 16.
    (d) Regulations. The general regulations in 33 CFR part 165 subpart 
D, apply to any vessel or person in the navigable waters of the United 
States to which this section applies. No person or vessel may enter the 
security zone established in this section unless authorized by the 
Captain of the Port or his designated representatives. Vessels and 
persons granted permission to enter the security zone shall obey all 
lawful orders or directions of the Captain of the Port or his designated 
representatives. All vessels entering or moving within the security zone 
must operate at speeds which are necessary to maintain a safe course and 
which will not exceed 12 knots.
    (e) Enforcement. Any Coast Guard commissioned, warrant or petty 
officer may enforce the rules in this section. In the navigable waters 
of the United States to which this section applies, when immediate 
action is required and representatives of the Coast Guard are not 
present or not present in sufficient force to provide effective 
enforcement of this section, any Federal Law Enforcement Officer or 
Michigan Law Enforcement Officer may enforce the rules contained in this 
section pursuant to 33 CFR 6.04-11. In addition, the Captain of the Port 
may be assisted by other Federal, state or local agencies in enforcing 
this section pursuant to 33 CFR 6.04-11.
    (f) Exemption. Public vessels as defined in paragraph (a) of this 
section are exempt from the requirements in this section.
    (g) Waiver. For any vessel, the Captain of the Port Sault Ste. Marie 
may waive any of the requirements of this section, upon finding that 
operational conditions or other circumstances are such that application 
of this section is unnecessary or impractical for the purpose of port 
security, safety or environmental safety.
    (h) Enforcement period. This rule will be enforced Labor Day of 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 

Captain of the Port Lake Michigan zone.

    (a) Safety Zones. The following areas are designated safety zones:
    (1) St. Patrick's Day Fireworks; Manitowoc, WI--(i) Location. All 
waters of the Manitowoc River and Manitowoc Harbor, near the mouth of 
the Manitowoc River on the south shore, within the arc of a circle with 
a 100-foot radius from the fireworks launch 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 the West Michigan Dock 
and Market Corp facility, within the arc of a circle with a 1500-yard 
radius from the rocket launch site located in position 
43[deg]14[min]21[sec] N, 086[deg]15[min]35[sec] W (NAD 83).
    (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, within the arc of a circle 
with a 1000-foot radius from the fireworks launch site 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; 7 p.m. to 
11 p.m. If the Friday fireworks are cancelled due to inclement weather, 
then this section will be enforced on the first Saturday of May; 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, near the Sheboygan 
South Pier, within the arc of a circle with a 1500-yard radius from the 
rocket launch site located with its center in position 
43[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; 8 a.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 fireworks launch site located in position 
44[deg]27[min]10[sec] N, 088[deg]03[min]50[sec] W (NAD 83).

[[Page 757]]

    (ii) Enforcement date and time. The Sunday before Memorial Day; 8:30 
p.m. to 10 p.m.
    (6) [Reserved]
    (7) River Splash; Milwaukee, WI--(i) Location. All waters of the 
Milwaukee River, near Pere Marquette Park, within the arc of a circle 
with a 300-foot radius from the fireworks launch 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 and Saturday 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 Lime Company 1.13 miles above the 
head of the Fox River, within the arc of a circle with a 1000-foot 
radius from the fireworks launch site located 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; 9 p.m. to 
11 p.m.
    (9) Harborfest Music and Family Festival; Racine, WI--(i) Location. 
All waters of Lake Michigan and Racine Harbor, near the Racine Launch 
Basin Entrance Light, within the arc of a circle with a 200-foot radius 
from the fireworks launch site located 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 the third 
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, near the City of East Jordan, 
within the arc of a circle with a 1000-foot radius from the fireworks 
launch site in position 45[deg]09[min]18[sec] N, 085[deg]07[min]48[sec] 
W (NAD 83).
    (ii) Enforcement date and time. Saturday of the third weekend 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, near buoy 14A, within the arc 
of a circle with a 500-foot radius from the fireworks launch site 
located on a barge in position 43[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, near Waterfront Park, within the arc of a 
circle with a 500-foot radius from the fireworks launch site located in 
position 44[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; 9 p.m. to 
11 p.m.
    (13) [Reserved]
    (14) Pentwater July Third Fireworks; Pentwater, MI--(i) Location. 
All waters of Lake Michigan and the Pentwater Channel within the arc of 
a circle with a 1000-foot radius from the fireworks launch site located 
in position 43[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. If the 
July 3 fireworks are cancelled due to inclement weather, then this 
section 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 all waters of Lake Michigan bounded by a 
line drawn from 41[deg]53[min]24[sec] N, 087[deg]35[min]59[sec] W; then 
east to 41[deg]53[min]15[sec] N, 087[deg]35[min]26[sec] W; then south to 
41[deg]52[min]49[sec] N, 087[deg]35[min]26[sec] W; then southwest to 
41[deg]52[min]27[sec] N, 087[deg]36[min]37[sec] W; then north to 
41[deg]53[min]15[sec] N, 087[deg]36[min]33[sec] W; then east returning 
to the point of origin. (NAD 83)
    (ii) Enforcement date and time. July 3; 9 p.m. to 11 p.m. If the 
July 3 fireworks are cancelled due to inclement weather, then this 
section 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 of Veterans Park, within the arc of a 
circle with a 1000-foot radius from the fireworks launch site located on 
a barge in position 43[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. If the 
July 3 fireworks are cancelled due to inclement weather, then this 
section will be enforced July 4; 9 p.m. to 11 p.m.
    (17) National Cherry Festival Fourth of July Celebration Fireworks; 
Traverse City, MI--(i) Location. All waters of the West 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 in 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. If the 
July 4 fireworks

[[Page 758]]

are cancelled due to inclement weather, then this section 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 Lake Michigan and Harbor 
Springs Harbor within the arc of a circle with a 1000-foot radius from 
the fireworks launch site located on a barge in position 
45[deg]25[min]30[sec] N, 084[deg]59[min]06[sec] W (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.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 Celebration Fireworks; 
Petoskey, MI--(i) Location. All waters of Lake Michigan and Bay Harbor 
Lake within the arc of a circle with a 500-foot radius from the 
fireworks launch site located on a barge in position 
45[deg]21[min]50[sec] N, 085[deg]01[min]37[sec] W (NAD 83).
    (ii) Enforcement date and time. July 3; 9 p.m. to 11 p.m. If the 
July 3 fireworks are cancelled due to inclement weather, then this 
section 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 and Petoskey Harbor, in the 
vicinity of Bay Front Park, within the arc of a circle with a 1000-foot 
radius from the fireworks launch site located 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. If the 
July 4 fire works are cancelled due to inclement weather, then this 
section will be enforced July 5; 9 p.m. to 11 p.m.
    (21) Boyne City Fourth of July Celebration Fireworks; Boyne City, 
MI--(i) Location. All waters of Lake Charlevoix, in the vicinity of 
Veterans Park, within the arc of a circle with a 1400-foot radius from 
the fireworks launch site located in position 45[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. 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.
    (22) Independence Day Fireworks; Manistee, MI--(i) Location. All 
waters of Lake Michigan, in the vicinity of the First Street Beach, 
within the arc of a circle with a 1000-foot radius from the fireworks 
launch site located in position 44[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. If the 
July 3 fireworks are cancelled due to inclement weather, then this 
section 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 circle with a 
1000-foot radius from the fireworks launch site located in position 
44[deg]38[min]00[sec] N, 086[deg]14[min]50[sec] W (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.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.
    (24) Freedom Festival Fireworks; Ludington, MI--(i) Location. All 
waters of Lake Michigan and Ludington Harbor, in the vicinity of the 
Loomis Street Boat Ramp, within the arc of a circle with a 1000-foot 
radius from the fireworks launch site located in 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. 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.
    (25) White Lake Independence Day Fireworks; Montague, MI--(i) 
Location. All waters of White Lake, in the vicinity of the Montague boat 
launch, within the arc of a circle with a 1000-foot radius from the 
fireworks launch site located in position 43[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. 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.
    (26) Muskegon Summer Celebration July Fourth Fireworks; Muskegon, 
MI--(i) Location. All waters of Muskegon Lake, in the vicinity of 
Heritage Landing, within the arc of a circle with a 1000-foot radius 
from a fireworks launch site located on a barge in position 
43[deg]14[min]00[sec] N, 086[deg]15[min]50[sec] W (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. If the 
July 4 fireworks

[[Page 759]]

are cancelled due to inclement weather, then this section 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 Special Anchorage Area, as 
described in 33 CFR 110.81(b), which are overlapped by this regulation, 
are suspended during this event. The remaining area of the Muskegon Lake 
East Special Anchorage Area not impacted by this regulation remains 
available for anchoring during this event.
    (27) Grand Haven Jaycees Annual Fourth of July Fireworks; Grand 
Haven, MI. (i) Location. All waters of The Grand River between longitude 
087[deg]14[min]00[sec] W, near The Sag, then west to longitude 
087[deg]15[min]00[sec] W, near the west end of the south pier (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.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.
    (28) Celebration Freedom Fireworks; Holland, MI. (i) Location. All 
waters of Lake Macatawa, in the vicinity of Kollen Park, within the arc 
of a circle with a 1000-foot radius from the fireworks 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 11 p.m. 
Thereafter this section will be enforced the Saturday prior to July 4; 9 
p.m. to 11 p.m. If the fireworks are cancelled due to inclement weather, 
then this section will be enforced the Sunday prior to 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 Channel within the arc of a circle with 
a 1000-foot radius from the fireworks launch 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. If the 
July 3 fireworks are cancelled due to inclement weather, then this 
section 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 a circle with a 1000-foot 
radius from the fireworks launch site in position 42[deg]38[min]52[sec] 
N, 086[deg]12[min]18[sec] W (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.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.
    (31) South Haven Fourth of July Fireworks; South Haven, MI. (i) 
Location. All waters of Lake Michigan and the Black River within the arc 
of a circle with a 1000-foot radius from the fireworks launch 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. 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.
    (32) St. Joseph Fourth of July Fireworks; St. Joseph, MI. (i) 
Location. All waters of Lake Michigan and the St. Joseph River within 
the arc of a circle with a 1000-foot radius from the fireworks 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. 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.
    (33) Town of Dune Acres Independence Day Fireworks; Dune Acres, IN. 
(i) Location. All waters of Lake Michigan within the arc of a circle 
with a 1000-foot radius from the fireworks launch site located 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. 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.
    (34) Gary Fourth of July Fireworks; Gary, IN. (i) Location. All 
waters of Lake Michigan, approximately 2.5 miles east of Gary Harbor, 
within the arc of a circle with a 500-foot radius from the fireworks 
launch site located in position 41[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. 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.
    (35) Joliet Independence Day Celebration Fireworks; Joliet, IL. (i) 
Location. All waters of the Des Plains River, at mile 288, within the 
arc of a circle with a 500-foot radius from the fireworks

[[Page 760]]

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. If the 
July 3 fireworks are cancelled due to inclement weather, then this 
section will be enforced July 4; 9 p.m. to 11 p.m.
    (36) Glencoe Fourth of July Celebration Fireworks; Glencoe, IL. (i) 
Location. All waters of Lake Michigan, in the vicinity of Lake Front 
Park, within the arc of a circle with a 500-foot radius from the 
fireworks launch site located in position 42[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. 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.
    (37) Lakeshore Country Club Independence Day Fireworks; Glencoe, IL. 
(i) Location. All waters of Lake Michigan within the arc of a circle 
with a 1000-foot radius from the fireworks launch site 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. 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.
    (38) Shore Acres Country Club Independence Day Fireworks; Lake 
Bluff, IL. (i) Location. All waters of Lake Michigan, approximately one 
mile north of Lake Bluff, IL, within the arc of a circle with a 1000-
foot radius from the fireworks launch site located in 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. 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.
    (39) Kenosha Independence Day Fireworks; Kenosha, WI. (i) Location. 
All waters of Lake Michigan and Kenosha Harbor within the arc of a 
circle with a 1000-foot radius from the fireworks launch site 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. 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.
    (40) Fourthfest of Greater Racine Fireworks; Racine, WI. (i) 
Location. All waters of Lake Michigan and Racine Harbor, in the vicinity 
of North Beach, within the arc of a circle with a 1000-foot radius from 
the fireworks launch site located in position 42[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. 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.
    (41) Sheboygan Fourth of July Celebration Fireworks; Sheboygan, WI. 
(i) Location. All waters of Lake Michigan and Sheboygan Harbor, in the 
vicinity of the south pier, within the arc of a circle with a 1000-foot 
radius from the fireworks launch site located in position 
43[deg]44[min]55[sec] N, 087[deg]41[min]51[sec] W (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.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.
    (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 a 1000-
foot radius from the fireworks launch site located in position 
44[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. 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.
    (43) Sturgeon Bay Independence Day Fireworks; Sturgeon Bay, WI. (i) 
Location. All waters of Sturgeon Bay, in the vicinity of Sunset Park, 
within the arc of a circle with a 1000-foot radius from the fireworks 
launch site located on a barge in position 44[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. 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.
    (44) Fish Creek Independence Day Fireworks; Fish Creek, WI. (i) 
Location. All waters of Green Bay, in the vicinity of Fish Creek Harbor, 
within the arc of a circle with a 1000-foot radius from the fireworks 
launch site located on a barge in position 45[deg]07[min]52[sec] N, 
087[deg]14[min]37[sec] W (NAD 83).

[[Page 761]]

    (ii) Enforcement date and time. The first Saturday after July 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 railroad bridge located 1.03 
miles above the mouth of the Fox River and the Main Street Bridge 
located 1.58 miles above the mouth of the Fox River, including all 
waters of the turning basin east to the mouth of the East River.
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.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.
    (46) Marinette Fourth of July Celebration Fireworks; Marinette, WI. 
(i) Location. All waters of the Menominee River, in the vicinity of 
Stephenson Island, within the arc of a circle with a 1000-foot radius 
from the fireworks launch site located in position 45[deg]06[min]09[sec] 
N, 087[deg]37[min]39[sec] W and all waters located 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. 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.
    (47) Evanston Fourth of July Fireworks; Evanston, IL. (i) Location. 
All waters of Lake Michigan, in the vicinity of Centennial Park Beach, 
within the arc of a circle with a 500-foot radius from the fireworks 
launch site located in position 42[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. 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.
    (48) [Reserved]
    (49) Muskegon Summer Celebration Fireworks; Muskegon, MI. (i) 
Location. All waters of Muskegon Lake, in the vicinity of Heritage 
Landing, within the arc of a circle with a 1000-foot radius from 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 Special Anchorage Area, as 
described in 33 CFR 110.81(b), which are overlapped by this regulation, 
are suspended during this event. The remaining area of the Muskegon Lake 
East Special Anchorage Area is not impacted by this regulation and 
remains available for anchoring during this event.
    (50) National Cherry Festival Air Show; Traverse City, MI. (i) 
Location. All waters of the West Arm of Grand Traverse Bay bounded by a 
line drawn from 44[deg]46[min]48[sec] N, 085[deg]38[min]18[sec] W, then 
southeast to 44[deg]46[min]30[sec] N, 085[deg]35[min]30[sec] W, then 
southwest 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 (NAD 83).
    (ii) Enforcement date and time. Friday, Saturday, and Sunday of 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 the West 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 in position 
44[deg]46[min]12[sec] N, 085[deg]37[min]06[sec] W (NAD 83).
    (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 bounded by a line drawn from 41[deg]37[min]42[sec] N, 
087[deg]16[min]38[sec] W; then east to 41[deg]37[min]54[sec] N, 
087[deg]14[min]00[sec] W; then south to 41[deg]37[min]30[sec] N, 
087[deg]13[min]56[sec] W; then west to 41[deg]37[min]17[sec] N, 
087[deg]16[min]36[sec] W; then north returning to the point of origin. 
(NAD 83)
    (ii) Enforcement date and time. Friday, Saturday, and Sunday of 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 approximately 030[deg]T 
located in the northern half of Milwaukee Harbor and along the north 
shore of Milwaukee bounded by the points beginning at 
43[deg]01[min]36[sec] N, 087[deg]53[min]02[sec] W; then northeast 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 to 
43[deg]01[min]51[sec] N, 087[deg]53[min]38[sec] W;

[[Page 762]]

the back to the point of origin (NAD 83).
    (ii) Enforcement date and time. Friday, Saturday, and Sunday of 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 within the arc of a 
circle with a 1000-foot radius from the fireworks launch site located in 
position 44[deg]27[min]29[sec] N, 087[deg]29[min]45[sec] W (NAD 83).
    (ii) Enforcement date and time. Friday of the second complete 
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 Lake Michigan within 
the arc of a circle with a 1000-foot radius from the fireworks 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, and thereafter the 
Sunday of the first complete weekend of July; 9 p.m. to 11 p.m.
    (56) Port Washington Fish Day Fireworks; Port Washington, WI. (i) 
Location. All waters of Port Washington Harbor and Lake Michigan, in the 
vicinity of the WE Energies coal dock, within the arc of a circle with a 
1000-foot radius from the fireworks 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. 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 Harbor and Lake Michigan, in 
the vicinity of South Shore Park, within the arc of a circle with a 500-
foot radius from the fireworks launch site in position 
42[deg]59[min]42[sec] N, 087[deg]52[min]52[sec] W (NAD 83).
    (ii) Enforcement date and time. Friday, Saturday, and Sunday of 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 a 1000-foot radius from 
the fireworks launch site located in position 42[deg]06[min]48[sec] N, 
086[deg]29[min]15[sec] W (NAD 83).
    (ii) Enforcement date and time. Saturday of the third complete 
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 fireworks launch 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 the third 
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 a 1000-foot 
radius from the fireworks launch site located on a barge in position 
45[deg]19[min]08[sec] N, 085[deg]14[min]18[sec] W (NAD 83).
    (ii) Enforcement date and time. Friday of the fourth weekend of 
July; 9 p.m. to 11 p.m.
    (61) EAA Airventure; Oshkosh, WI. (i) Location. All waters of Lake 
Winnebago bounded by a line drawn from 43[deg]57[min]30[sec] N, 
088[deg]30[min]00[sec] W; then south to 43[deg]56[min]56[sec] N, 
088[deg]29[min]53[sec] W, then east to 43[deg]56[min]40[sec] N, 
088[deg]28[min]40[sec] W; then north to 43[deg]57[min]30[sec] N, 
088[deg]28[min]40[sec] W; then west returning to the point of origin 
(NAD 83).
    (ii) Enforcement date and time. The last complete week of July, 
beginning Monday and ending Sunday; from 8 a.m. to 8 p.m. each day.
    (62) Charlevoix Venetian Festival Saturday Night Fireworks; 
Charlevoix, MI. (i) Location. All waters of Round Lake within the arc of 
a circle with a 300-foot radius from the fireworks launch site 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 fourth weekend 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 a circle with a 500-foot 
radius from the fireworks launch site located on 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; 9 p.m. to 
11 p.m.

[[Page 763]]

    (64) Roma Lodge Italian Festival Fireworks; Racine, WI. (i) 
Location. All waters of Lake Michigan and Racine Harbor within the arc 
of a circle with a 1000-foot radius from the fireworks launch site 
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 the last 
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 all waters of Lake Michigan bounded by a line drawn 
from 41[deg]53[min]03[sec] N, 087[deg]36[min]36[sec] W; then east to 
41[deg]53[min]03[sec] N, 087[deg]36[min]21[sec] W; then south to 
41[deg]52[min]27[sec] N, 087[deg]36[min]21[sec] W; then west to 
41[deg]52[min]27[sec] N, 087[deg]36[min]37[sec] W; then north returning 
to the point of origin (NAD 83).
    (ii) Enforcement date and time. Saturday of the last weekend of 
July; 9 p.m. to 11 p.m.
    (66) Port Washington Maritime Heritage Festival Fireworks; Port 
Washington, WI. (i) Location. All waters of Port Washington Harbor and 
Lake Michigan, in the vicinity of the WE Energies coal dock, within the 
arc of a circle with a 1000-foot radius from the fireworks 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 last complete 
weekend of July or the second weekend of August; 9 p.m. to 11 p.m.
    (67) [Reserved]
    (68) Grand Haven Coast Guard Festival Fireworks; Grand Haven, MI. 
(i) Location. All waters of the Grand River between longitude 
087[deg]14[min]00[sec] W, near The Sag, then west to longitude 
087[deg]15[min]00[sec] W, near the west end of the south pier (NAD 83).
    (ii) Enforcement date and time. First weekend of August; 9 p.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 a circle with a 500-foot 
radius from the fireworks launch site located on 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 of August; 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 of Edward G. Grace 
Memorial Park, within the arc of a circle with a 1000-foot radius from 
the fireworks launch site located in position 44[deg]53[min]58[sec] N, 
085[deg]25[min]04[sec] W (NAD 83).
    (ii) Enforcement date and time. The first Saturday of August; 9 p.m. 
to 11 p.m.
    (71) Hammond Marina Venetian Night Fireworks; Hammond, IN. (i) 
Location. All waters of Hammond Marina and Lake Michigan within the arc 
of a circle with a 1000-foot radius from the fireworks launch 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 of August; 9 p.m. 
to 11 p.m.
    (72) North Point Marina Venetian Festival Fireworks; Winthrop 
Harbor, IL. (i) Location. All waters of Lake Michigan within the arc of 
a circle with a 1000-foot radius from the fireworks launch site 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 of August; 9 
p.m. to 11 p.m.
    (73) Waterfront Festival Fireworks; Menominee MI. (i) Location. All 
waters of Green Bay, in the vicinity of Menominee Marina, within the arc 
of a circle with a 1000-foot radius from a fireworks 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 first Thursday 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 fireworks launch 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 within the arc of a circle 
with a 1000-foot radius from the fireworks launch site 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 second complete 
weekend of August; 9 p.m. to 11 p.m.

[[Page 764]]

    (76) New Buffalo Ship and Shore Festival Fireworks; New Buffalo, MI. 
(i) Location. All waters of Lake Michigan and New Buffalo Harbor within 
the arc of a circle with a 1000-foot radius from the fireworks launch 
site located in position 41[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 Channel within the arc of 
a circle with a 1000-foot radius from the fireworks 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 the second 
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 and Chicago Harbor 
bounded by a line drawn from 41[deg]55[min]54[sec] N at the shoreline, 
then east to 41[deg]55[min]54[sec] N, 087[deg]37[min]12[sec] W, then 
southeast to 41[deg]54[min]00[sec] N, 087[deg]36[min]00[sec] W (NAD 83), 
then southwestward to the northeast corner of the Jardine Water 
Filtration Plant, 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 Kilbourn Avenue 
Bridge at 1.7 miles above the Milwaukee Pierhead Light to the State 
Street Bridge at 1.79 miles above the Milwaukee Pierhead Light.
    (ii) Enforcement date and time. The third Thursday of November; 6 
p.m. to 8 p.m.
    (81) New Years Eve Fireworks; Chicago, IL. (i) Location. All waters 
of Monroe Harbor and Lake Michigan within the arc of a circle with a 
1000-foot radius from the fireworks launch site 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. to January 1; 1 
a.m.
    (82) Cochrane Cup; Blue Island, IL--(i) Location. All waters of the 
Calumet Sag Channel from the South Halstead Street Bridge at 
41[deg]39[min]27[sec] N, 087[deg]38[min]29[sec] W; to the Crawford 
Avenue Bridge at 41[deg]39[min]05[sec] N, 087[deg]43[min]08[sec] W; and 
the Little Calumet River from the Ashland Avenue Bridge at 
41[deg]39[min]7[sec] N, 087[deg]39[min]38[sec] W; to the junction of the 
Calumet Sag Channel at 41[deg]39[min]23[sec] N, 087[deg]39[min] W (NAD 
83).
    (ii) Enforcement date and time. The first Saturday of May; 6:30 a.m. 
to 5 p.m.
    (83) World War II Beach Invasion Re-enactment; St. Joseph, MI--(i) 
Location. All waters of Lake Michigan in the vicinity of Tiscornia Park 
in St. Joseph, MI beginning at 42[deg]06.55 N, 086[deg]29.23 W; then 
west/northwest along the north breakwater to 42[deg]06.59 N, 
086[deg]29.41 W; the northwest 100 yards to 42[deg]07.01 N, 
086[deg]29.44 W; then northeast 2,243 yards to 42[deg]07.50 N, 
086[deg]28.43 W; the southeast to the shoreline at 42[deg]07.39 N, 
086[deg]28.27 W; then southwest along the shoreline to the point of 
origin (NAD 83).
    (ii) Enforcement date and time. The third Saturday of June; 8 a.m. 
to 2 p.m.
    (b) Definitions. The following definitions apply to this section:
    (1) Designated representative means any Coast Guard commissioned, 
warrant, or petty officer designated by the Captain of the Port Lake 
Michigan to monitor this safety zone, permit entry into this zone, give 
legally enforceable orders to persons or vessels within this zones and 
take other actions authorized by the Captain of the Port.
    (2) Public vessel means vessels owned, chartered, or operated by the 
United States, or by a State or political subdivision thereof.
    (c) Regulations. (1) The general regulations in 33 CFR 165.23 apply.
    (2) All persons and vessels must comply with the instructions of the 
Coast Guard Captain of the Port or a designated representative. Upon 
being hailed by the U.S. Coast Guard by siren, radio, flashing light or 
other means, the operator of a vessel shall proceed as directed.
    (3) All vessels must obtain permission from the Captain of the Port 
or a designated representative to enter, move within or exit the safety 
zone established in this section when this safety zone is enforced. 
Vessels and persons granted permission to enter the safety zone shall 
obey all lawful orders or directions of the Captain of the

[[Page 765]]

Port or a designated representative. While within a safety zone, all 
vessels shall operate at the minimum speed necessary to maintain a safe 
course.
    (d) Suspension of Enforcement. If the event concludes earlier than 
scheduled, the Captain of the Port or a designated representative will 
issue a Broadcast Notice to Mariners notifying the public when 
enforcement of the safety zone established by this section is suspended.
    (e) Exemption. Public vessels as defined in paragraph (b) of this 
section are exempt from the requirements in this section.
    (f) Wavier. For any vessel, the Captain of the Port Lake Michigan or 
a designated representative may waive any of the requirements of this 
section, upon finding that operational conditions or other circumstances 
are such that application of this section is unnecessary or impractical 
for the purposes of safety or environmental safety.

[CGD09-07-005, 72 FR 32183, June 12, 2007, as amended by USCG-2010-0129, 
75 FR 26652, May 12, 2010]



Sec. 165.931  Safety Zone, Chicago Harbor, Navy Pier Southeast, Chicago, IL.

    (a) Location. The following area is a safety zone: The waters of 
Lake Michigan within Chicago Harbor between the east end of the Chicago 
Lock guide wall and the Chicago Harbor breakwater beginning 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 this section:
    (1) Designated representative means any Coast Guard commissioned, 
warrant, or petty officer designated by the Captain of the Port Lake 
Michigan to monitor this safety zone, permit entry into this zone, give 
legally enforceable orders to persons or vessels within this zone and 
take other actions authorized by the Captain of the Port.
    (2) Public vessel means vessels owned, chartered, or operated by the 
United States, or by a State or political subdivision thereof.
    (c) Regulations. (1) The general regulations in 33 CFR 165.23 apply.
    (2) All persons and vessels must comply with the instructions of the 
Coast Guard Captain of the Port or a designated representative. Upon 
being hailed by the U.S. Coast Guard by siren, radio, flashing light or 
other means, the operator of a vessel shall proceed as directed.
    (3) All vessels must obtain permission from the Captain of the Port 
or a designated representative to enter, move within or exit the safety 
zone established in this section when this safety zone is enforced. 
Vessels and persons granted permission to enter the safety zone shall 
obey all lawful orders or directions of the Captain of the Port or a 
designated representative. While within a safety zone, all vessels shall 
operate at the minimum speed necessary to maintain a safe course.
    (d) Notice of Enforcement or Suspension of Enforcement. The safety 
zone established by this section will be enforced only upon notice of 
the Captain of the Port. The Captain of the Port will cause notice of 
enforcement of the safety zone established by this section to be made by 
all appropriate means to the affected segments of the public including 
publication in the Federal Register as practicable, in accordance with 
33 CFR 165.7(a). Such means of notification may also include, but are 
not limited to Broadcast Notice to Mariners or Local Notice to Mariners. 
The Captain of the Port will issue a Broadcast Notice to Mariners 
notifying the public when enforcement of the safety zone established by 
this section is suspended.
    (e) Exemption. Public vessels as defined in paragraph (b) of this 
section are exempt from the requirements in this section.
    (f) Waiver. For any vessel, the Captain of the Port Lake Michigan or 
a designated representative may waive any of the requirements of this 
section, upon finding that operational conditions or other circumstances 
are such that application of this section is unnecessary or impractical 
for the purposes of safety or environmental safety.

[CGD09-07-006, 72 FR 32521, June 13, 2007]

[[Page 766]]



Sec. 165.933  Safety Zone, Chicago Harbor, Navy Pier East, Chicago, IL.

    (a) Location. The following area is a safety zone: The waters of 
Lake Michigan within Chicago Harbor between the east end of Navy Pier 
and the Chicago Harbor breakwater beginning at 41[deg]53[min]37[sec] N, 
087[deg]35[min]26[sec] W; then south to 41[deg]53[min]24[sec] N, 
087[deg]35[min]26[sec] W; then east to 41[deg]53[min]24[sec] N, 
087[deg]35[min]55[sec] W; then north to 41[deg]53[min]37[sec] N, 
087[deg]35[min]55[sec] W; then back to the point of origin.
    (b) Definitions. The following definitions apply to this section:
    (1) Designated representative means any Coast Guard commissioned, 
warrant, or petty officer designated by the Captain of the Port Lake 
Michigan to monitor this safety zone, permit entry into this zone, give 
legally enforceable orders to persons or vessels within this zones and 
take other actions authorized by the Captain of the Port.
    (2) Public vessel means vessels owned, chartered, or operated by the 
United States, or by a State or political subdivision thereof.
    (c) Regulations. (1) The general regulations in 33 CFR 165.23 apply.
    (2) All persons and vessels must comply with the instructions of the 
Coast Guard Captain of the Port Lake Michigan or a designated 
representative. Upon being hailed by the U.S. Coast Guard by siren, 
radio, flashing light or other means, the operator of a vessel shall 
proceed as directed.
    (3) All vessels must obtain permission from the Captain of the Port 
Lake Michigan or a designated representative to enter, move within or 
exit the safety zone established in this section when this safety zone 
is enforced. Vessels and persons granted permission to enter the safety 
zone shall obey all lawful orders or directions of the Captain of the 
Port Lake Michigan or a designated representative. While within a safety 
zone, all vessels shall operate at the minimum speed necessary to 
maintain a safe course.
    (d) Notice of Enforcement or Suspension of Enforcement. The safety 
zone established by this section will be enforced only upon notice of 
the Captain of the Port. The Captain of the Port Lake Michigan will 
cause notice of enforcement of the safety zone established by this 
section to be made by all appropriate means to the affected segments of 
the public including publication in the Federal Register as practicable, 
in accordance with 33 CFR 165.7(a). Such means of notification may also 
include, but are not limited to Broadcast Notice to Mariners or Local 
Notice to Mariners. The Captain of the Port Lake Michigan will issue a 
Broadcast Notice to Mariners notifying the public when enforcement of 
the safety zone established by this section is suspended.
    (e) Exemption. Public vessels as defined in paragraph (b) of this 
section are exempt from the requirements in this section.
    (f) Wavier. For any vessel, the Captain of the Port Lake Michigan or 
a designated representative may waive any of the requirements of this 
section, upon finding that operational conditions or other circumstances 
are such that application of this section is unnecessary or impractical 
for the purposes of safety or environmental safety.

[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: the waters of 
Lake Michigan within Milwaukee Harbor including the Harbor Island 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 this section:
    (1) Designated representative means any Coast Guard commissioned, 
warrant, or petty officer designated by the Captain of the Port Lake 
Michigan to monitor this safety zone, permit entry into this zone, give 
legally enforceable orders to persons or vessels within this zone and 
take other actions authorized by the Captain of the Port.
    (2) Public vessel means vessels owned, chartered, or operated by the 
United States, or by a State or political subdivision thereof.
    (c) Regulations. (1) The general regulations in 33 CFR 165.23 apply.

[[Page 767]]

    (2) All persons and vessels must comply with the instructions of the 
Coast Guard Captain of the Port or a designated representative. Upon 
being hailed by the U.S. Coast Guard by siren, radio, flashing light or 
other means, the operator of a vessel shall proceed as directed.
    (3) All vessels must obtain permission from the Captain of the Port 
or a designated representative to enter, move within or exit the safety 
zone established in this section when this safety zone is enforced. 
Vessels and persons granted permission to enter the safety zone shall 
obey all lawful orders or directions of the Captain of the Port or a 
designated representative. While within a safety zone, all vessels shall 
operate at the minimum speed necessary to maintain a safe course.
    (d) Notice of Enforcement or Suspension of Enforcement. The safety 
zone established by this section will be enforced only upon notice of 
the Captain of the Port. The Captain of the Port will cause notice of 
enforcement of the safety zone established by this section to be made by 
all appropriate means to the affected segments of the public including 
publication in the Federal Register as practicable, in accordance with 
33 CFR 165.7(a). Such means of notification may also include, but are 
not limited to Broadcast Notice to Mariners or Local Notice to Mariners. 
The Captain of the Port will issue a Broadcast Notice to Mariners 
notifying the public when enforcement of the safety zone established by 
this section is suspended.
    (e) Exemption. Public vessels as defined in paragraph (b) of this 
section are exempt from the requirements in this section.
    (f) Waiver. For any vessel, the Captain of the Port Lake Michigan or 
a designated representative may waive any of the requirements of this 
section, upon finding that operational conditions or other circumstances 
are such that application of this section is unnecessary or impractical 
for the purposes of safety or environmental safety.

[CGD09-07-008, 72 FR 32523, June 13, 2007]



Sec. 165.939  Safety Zones; Annual Fireworks Events in the Captain of the Port 

Buffalo Zone.

    (a) Safety zones. The following areas are designated Safety zones 
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 a 500-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 a 500-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: NAD 83).
    (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 a 500-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 9:30 p.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-foot radius 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 9:30 p.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 9:30 p.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).

[[Page 768]]

    (ii) Enforcement date. This section is effective from 10 p.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 9:30 p.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-foot radius 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 9 p.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-foot radius 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 10 p.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-foot radius 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 9:30 p.m. to 
10:30 p.m. on the last weekend in June each year.
    (11) Tom Graves Memorial Fireworks, Port Bay, NY--(i) Location. All 
waters of Port Bay within a 500-foot radius 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 10 p.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-foot radius 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 a 500-foot radius of a barge 
located at position: 43[deg]01[min]12[sec] N, 078[deg]53[min]36[sec] W; 
in North Tonawanda, NY. (DATUM: NAD 83).
    (ii) Enforcement date. This section is effective from 9:45 p.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 a 500-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 9:30 p.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 9:45 p.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 Harbor within 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 9:45 p.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 Erie within 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 Fairport Harbor Beach, OH. (DATUM: NAD 83).
    (ii) Enforcement date. This section is effective from 9:45 p.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 Erie within 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 9:45 p.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 Harbor within a 200-yard 
radius of 41[deg]43.200[min] N, 081[deg]21.400[min] W (west of the 
harbor entrance); in Mentor Harbor, OH. (DATUM: NAD 83).

[[Page 769]]

    (ii) Enforcement date. This section is effective from 9:45 p.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 and Lake Erie 
beginning in approximate land position: 41[deg]30.823[min] N, 
081[deg]41.620[min] W (the northwest corner of Burke Lakefront Airport); 
continuing northwest to 41[deg]31.176[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 the Cleveland Port Authority) then northeast back 
to the starting point at 41[deg]30.823[min] N, 081[deg]41.620[min] W. 
(DATUM: NAD 83).
    (ii) Enforcement date. This section is effective on a Sunday during 
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 and Lake Erie within 
a 400-yard radius of Main Entrance Light 5 (LLNR 4180) at position: 
41[deg]30.23[min] N, 081[deg]42.7[min] W; in Cleveland, OH (DATUM: NAD 
83).
    (ii) Enforcement date. This section is effective from 9:45 p.m. to 
11 p.m. on the first weekend in July each year.
    (22) Dollar Bank Jamboree Fireworks Display, Cleveland, OH--(i) 
Location. All navigable waters of Cleveland Harbor and Lake Erie 
beginning at land position: 41[deg]30.823[min] N, 081[deg]41.620[min] W 
(the northwest corner of Burke Lakefront Airport); continuing northwest 
to 41[deg]31.176[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 the Cleveland Port Authority) then northeast back to the 
starting point at 41[deg]30.823[min] N, 081[deg]41.620[min] W. (DATUM: 
NAD 83).
    (ii) Enforcement date. This section is effective from 9:45 p.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-yard radius 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 9:45 p.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 Erie within 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 western side of the mouth of the 
Rocky River in Cleveland, OH.
    (ii) Enforcement date. This section is effective from 9:45 p.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-yard radius 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 break wall near 
Spitzer's Marina.
    (ii) Enforcement date. This section is effective from 9:45 p.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-yard radius 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 9:45 p.m. to 
11 p.m. on the third weekend in July each year.
    (b) Definitions. The following definitions apply to this section:
    (1) Designated Representative means any Coast Guard commissioned, 
warrant, or petty officer designated by the Captain of the Port Buffalo 
to monitor a safety zone, permit entry into the zone, give legally 
enforceable orders to persons or vessels within the zones, and take 
other actions authorized by the Captain of the Port.
    (2) Public vessel means vessels owned, chartered, or operated by the 
United States, or by a State or political subdivision thereof.
    (c) Regulations. (1) In accordance with the general regulations in 
section 165.23 of this part, entry into, transiting, or anchoring within 
this safety zone is prohibited unless authorized by the Captain of the 
Port Buffalo, or his designated representative.
    (2)(i) These safety zones are closed to all vessel traffic, except 
as may be permitted by the Captain of the Port Buffalo or his designated 
representative.
    (ii) All persons and vessels must comply with the instructions of 
the Coast

[[Page 770]]

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 proceed as 
directed.
    (3)(i)All vessels must obtain permission from the Captain of the 
Port or his designated representative to enter, move within, or exit the 
safety zone established in this section when this safety zone is 
enforced.
    (ii) Vessels and persons granted permission to enter the safety zone 
must obey all lawful orders or directions of the Captain of the Port or 
a designated representative.
    (iii) While within a safety zone, all vessels must operate at the 
minimum 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 Buffalo or his 
designated representative may waive any of the requirements of this 
section, upon finding that operational conditions or other circumstances 
are such that application of this section is unnecessary or impractical 
for the purposes of public or environmental safety.
    (f) Notification. The Captain of the Port Buffalo will notify the 
public that that the zones in this proposal are or will be enforced by 
all appropriate means to the affected segments of the public including 
publication in the Federal Register as practicable, in accordance with 
33 CFR 165.7(a). Such means of notification may also include, but are 
not limited to Broadcast Notice to Mariners or Local Notice to Mariners. 
The Captain of the Port will issue a Broadcast Notice to Mariners 
notifying the public when enforcement of the safety zone established by 
this section is cancelled.

[USCG-2008-0219, 73 FR 28705, May 19, 2008]



Sec. 165.941  Safety Zones; Annual Fireworks Events in the Captain of the Port 

Detroit Zone.

    (a) Safety Zones. The following areas are designated Safety zones: 
(1) Roostertail Fireworks (barge), Detroit, MI:
    (i) Location: All waters of the Detroit River within a 300-foot 
radius of the fireworks launch site located at position 
42[deg]21[min]16.67[sec] N, 082[deg]58[min]20.41[sec] W. (NAD 83). This 
area is located between Detroit and Belle Isle near the Roostertail 
restaurant.
    (ii) Expected date: One evening during the third week in July. The 
exact dates and times for this event will be determined annually.
    (2) Washington Township Summerfest Fireworks, Toledo, OH:
    (i) Location: All waters of the Ottawa River within a 600-foot 
radius of the fireworks launch site located at position 
41[deg]43[min]29[sec] N, 083[deg]28[min]47[sec] W (NAD 83). This area is 
located at the Fred C. Young Bridge, Toledo, OH.
    (ii) Expected date: One evening during the last week in June or the 
first week in July. The exact dates and times for this event will be 
determined annually.
    (3) Au Gres City Fireworks, Au Gres, MI:
    (i) Location: All waters of Saginaw Bay within a 700-foot radius of 
the fireworks launch site located at position 44[deg]1.4[min] N, 
083[deg]40.4[min] W (NAD 83). This area is located at the end of the 
pier near the end of Riverside Drive in Au Gres, MI.
    (ii) Expected date: One evening during the last week in June or the 
first week in July. The exact dates and times for this event will be 
determined annually.
    (4) The Old Club Fireworks, Harsens Island, MI:
    (i) Location: All waters of Lake St. Clair within an 850-foot radius 
of the fireworks launch site located at position 42[deg]32.4[min] N, 
082[deg]40.1[min] W (NAD 83). This area is located near the southern end 
of Harsen's Island, MI.
    (ii) Expected date: One evening during the last week of June or the 
first week of July. The exact dates and times for this event will be 
determined annually.
    (5) Alpena Fireworks, Alpena, MI:
    (i) Location: All waters of Lake Huron within an 800-foot radius of 
the fireworks launch site located at position 45[deg]2.7[min] N, 
083[deg]26.8[min] W (NAD 83). This area is located near the end of Mason 
Street, South of State Avenue, in Alpena, MI.

[[Page 771]]

    (ii) Expected date: One evening during the last week in of June or 
the first week of July. The exact dates and times for this event will be 
determined annually.
    (6) Put-In-Bay Fourth of July Fireworks, Put-In-Bay, OH:
    (i) Location: All waters of Lake Erie within a 1000-foot radius of 
the fireworks launch site located at position 41[deg]39.7[min] N, 
082[deg]48.0[min] W (NAD 83). This area is located in Put-In-Bay Harbor.
    (ii) Expected date: One evening during the first week of July. The 
exact dates and times for this event will be determined annually.
    (7) Gatzeros Fireworks, Grosse Point Park, MI:
    (i) Location: All waters of Lake St. Clair within a 300-foot radius 
of the fireworks launch site located at position 42[deg] 22.6[min] N, 
082[deg]54.8[min] W (NAD 83). This area is located near Grosse Point 
Park, MI.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (8) Harrisville Fireworks, Harrisville, MI:
    (i) Location: All waters of Lake Huron within a 450-foot radius of 
the fireworks launch site located at position 44[deg]39.7[min] N, 
083[deg]17.0[min] W (NAD 83). This area is located at the end of the 
break wall at the Harrisville harbor in Harrisville, MI.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (9) Harbor Beach Fireworks, Harbor Beach, MI:
    (i) Location: All waters of Lake Huron within a 700-foot radius of 
the fireworks launch site located at position 43[deg]50.8[min] N, 
082[deg] 38.6[min] W (NAD 83). This area is located at the end of the 
railroad pier east of the end of State Street in Harbor Beach, MI.
    (ii) Expected date: One evening during the second week in July. The 
exact dates and times for this event will be determined annually.
    (10) Trenton Rotary Roar on the River Fireworks, Trenton, MI:
    (i) Location: All waters of the Detroit River within a 420-foot 
radius of the fireworks launch site located at position 42[deg]7.8[min] 
N, 083[deg]10.4 [min] W (NAD 83). This area is located between Grosse 
Ile and Elizabeth Park in Trenton, MI.
    (ii) Expected date: One evening during the third week in July. The 
exact dates and times for this event will be determined annually.
    (11) Nautical Mile Venetian Festival Fireworks, St. Clair Shores, 
MI:
    (i) Location: All waters of Lake St. Clair within a 210-foot radius 
of the fireworks launch site located at position 42[deg]28.2[min] N, 
082[deg]52.5[min] W (NAD 83). This area is located near Jefferson Beach 
Marina in St. Clair Shores, MI.
    (ii) Expected date: One evening during the second week in August. 
The exact dates and times for this event will be determined annually.
    (12) Cheeseburger Festival Fireworks, Caseville, MI:
    (i) Location: All waters of Lake Huron within a 300-foot radius of 
the fireworks launch site located at position 43[deg]56.9[min] N, 
083[deg]17.2[min] W (NAD 83). This area is located near the break wall 
located at Caseville County Park, Caseville, MI.
    (ii) Expected date: One evening during the second week in August. 
The exact dates and times for this event will be determined annually.
    (13) Detroit International Jazz Festival Fireworks, Detroit, MI:
    (i) Location: All waters of the Detroit River within a 560-foot 
radius of the fireworks launch site located at position 42[deg]19.6[min] 
N, 83[deg]2.6[min] W (NAD 83). This area is located in the Detroit River 
between Cobo Hall and the GM Headquarters in Detroit, MI.
    (ii) Expected date: One evening during the last week in August or 
the first week in September. The exact dates and times for this event 
will be determined annually.
    (14) Marine City Maritime Festival Fireworks, Marine City, MI:
    (i) Location: All waters of the St. Clair River within an 840-foot 
radius of the fireworks launch site located at position 42[deg]42.9[min] 
N, 082[deg]29.1[min] W (NAD 83). This area is located east of Marine 
City.
    (ii) Expected date: One evening during the third week in September. 
The exact dates and times for this event will be determined annually.

[[Page 772]]

    (15) Schoenith Family Foundation Fireworks, Detroit, MI:
    (i) Location: All waters of the Detroit River, within a 210-foot 
radius of the fireworks launch site located at position 42[deg]21.2[min] 
N, 82[deg]58.4[min] W. (NAD 83). This area is located between Detroit 
and Belle Isle.
    (ii) Expected date: One evening during the third week in September. 
The exact dates and times for this event will be determined annually.
    (16) Toledo Country Club Memorial Celebration and Fireworks, Toledo, 
OH:
    (i) Location: All waters of the Maumee River, within a 250-yard 
radius of the fireworks launch site located on shore at position 
41[deg]35[min]12.58[sec] N, 83[deg]36[min]16.58[sec] W. (NAD 83). This 
area is located at the Toledo Country Club's 18th Green and encompasses 
the fireworks launch site.
    (ii) Expected date: One evening during the last week in May. The 
exact dates and times for this event will be determined annually.
    (17) Luna Pier Fireworks Show, Luna Pier, MI:
    (i) Location: All waters of Lake Erie, within a 300-yard radius of 
the fireworks launch site located at position 41[deg]48[min]32[sec] N, 
83[deg]26[min]23[sec] W. (NAD 83). This area is located at the Clyde E. 
Evens Municipal Pier.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (18) Toledo Country Club 4th of July Fireworks, Toledo, OH:
    (i) Location: All waters of the Maumee River, within a 250-yard 
radius of the fireworks launch site located on shore at position 
41[deg]35[min]12.58[sec] N, 83[deg]36[min]16.58[sec] W. (NAD 83). This 
area is located at the Toledo Country Club's 18th Green and encompasses 
the fireworks launch site.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (19) Pharm Lights Up The Night Fireworks, Toledo, OH:
    (i) Location: All waters of the Maumee River, within a 300-yard 
radius of the fireworks launch site located at position 
41[deg]38[min]35[sec] N, 83[deg]31[min]54[sec] W. (NAD 83). This 
position is located at the bow of the museum ship SS WILLIS B. BOYER.
    (ii) Expected date: One day evening during the first or second weeks 
in July. The exact dates and times for this event will be determined 
annually.
    (20) Perrysburg/Maumee 4th of July Fireworks, Perrysburg, OH:
    (i) Location: All waters of the Maumee River, within an 850-foot 
radius of the fireworks launch site located at position 
41[deg]33[min]27[sec] N, 83[deg]38[min]59[sec] W. (NAD 83). This 
position is located at the Perrysburg/Maumee Hwy 20 Bridge.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (21) Lakeside July 4th Fireworks, Lakeside, OH:
    (i) Location: All waters of Lake Erie, within a 560-foot radius of 
the fireworks launch site located at position 41[deg]32[min]52[sec] N, 
82[deg]45[min]03[sec] W. (NAD 83). This position is located at the 
Lakeside Association Dock.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (22) Catawba Island Club Fireworks, Catawba Island, OH:
    (i) Location: All waters of Lake Erie, within a 300-yard radius of 
the fireworks launch site located at position 41[deg]34[min]20[sec] N, 
82[deg]51[min]18[sec] W. (NAD 83). This position is located at the 
northwest end of the Catawba Cliffs Harbor Light Pier.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (23) Red, White and Blues Bang Fireworks, Huron, OH:
    (i) Location: All waters of the Huron River, within a 300-yard 
radius of the fireworks launch site located at position 
41[deg]23[min]29[sec] N, 82[deg]32[min]55[sec] W. (NAD 83). This 
position is located at the Huron Ore Docks in Huron, OH.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (24) Huron Riverfest Fireworks, Huron, OH:

[[Page 773]]

    (i) Location: All waters of Huron Harbor, within a 350-foot radius 
of the fireworks launch site located at the Huron Ore Docks at position 
41[deg]23[min]38[sec] N, 82[deg]32[min]59[sec] W. (NAD 83).
    (ii) Expected date: One evening during the second week in July. The 
exact dates and times for this event will be determined annually.
    (25) Kellys Island, Island Fest Fireworks, Kellys Island, OH:
    (i) Location: All waters of Lake Erie, within a 300-yard radius of 
the fireworks launch site located at position 41[deg]35[min]43[sec] N, 
82[deg]43[min]30[sec] W. (NAD 83). This position is located at the old 
Neuman Boat Line Dock.
    (ii) Expected date: One evening during the third or fourth weeks in 
July. The exact dates and times for this event will be determined 
annually.
    (26) Riverfest at the International Docks, Toledo, OH:
    (i) Location: All waters of the Maumee River, extending from the bow 
of the museum ship SS WILLIS B. BOYER (41[deg]38[min]35[sec] N, 
83[deg]31[min]54[sec] W), then north/north-east to the south end of the 
City of Toledo Street (41[deg]38[min]51[sec] N, 83[deg]31[min]50[sec] 
W), then south-west to the red nun buoy 64 
(41[deg]38[min]48[sec] N, 83[deg]31[min]58[sec]), then south/south-east 
back to the point of origin at the bow of the museum ship SS WILLIS B. 
BOYER. (NAD 83).
    (ii) Expected date: One evening during the first week in September. 
The exact dates and times for this event will be determined annually.
    (27) Rossford Labor Day Fireworks, Rossford, OH:
    (i) Location: All waters of the Maumee River, within a 350-yard 
radius of the fireworks launch site located at position 
41[deg]36[min]58[sec] N, 83[deg]33[min]56[sec] W. (NAD 83). This 
position is located at Veterans Memorial Park.
    (ii) Expected date: One evening during the first week in September. 
The exact dates and times for this event will be determined annually.
    (28) Lakeside Labor Day Fireworks, Lakeside, OH:
    (i) Location: All waters of Lake Erie, within a 560-foot radius of 
the fireworks launch site located at position 41[deg]32[min]52[sec] N, 
82[deg]45[min]03[sec] W. (NAD 83). This position is located at the 
Lakeside Association Dock.
    (ii) Expected date: One evening during the first week in September. 
The exact dates and times for this event will be determined annually.
    (29) Catawba Island Club Fireworks, Catawba Island, OH:
    (i) Location: All waters of Lake Erie, within a 300-yard radius of 
the fireworks launch site located at position 41[deg]34[min]20[sec] N, 
82[deg]51[min]18[sec] W. (NAD 83). This position is located at the 
northwest end of the Catawba Cliffs Harbor Light Pier.
    (ii) Expected date: One evening during the first week in September. 
The exact dates and times for this event will be determined annually.
    (30) Bay-Rama Fishfly Festival Fireworks, New Baltimore, MI:
    (i) Location: All waters of Lake St. Clair-Anchor Bay, off New 
Baltimore City Park, within a 300-yard radius of the fireworks launch 
site located at position 42[deg]41[min] N, 082[deg]44[min] W (NAD 83).
    (ii) Expected date: One evening during the first week in June. The 
exact dates and times for this event will be determined annually.
    (31) Lake Erie Metropark Fireworks, Gibraltar, MI:
    (i) Location: All waters of Lake Erie, off Lake Erie Metro Park, 
within a 300-yard radius of the fireworks launch site located at 
position 42[deg]03[min]N, 083[deg]11[min]W (NAD 83). This position is 
located off the Brownstown Wave pool area.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (32) City of St. Clair Fireworks, St. Clair, MI:
    (i) Location: All waters off the St. Clair River near St. Clair City 
Park, within a 300-yard radius of the fireworks launch site located at 
position 42[deg]49[min] N, 082[deg]29[min] W (NAD 83).
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (33) Oscoda Township Fireworks, Oscoda, MI:
    (i) Location: All waters of Lake Huron, off the DNR Boat Launch near 
the mouth of the Au Sable River within a 300-yard radius of the 
fireworks launch site located at position 44[deg]19[min] N, 
083[deg]25[min] W (NAD 83).

[[Page 774]]

    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (34) Port Austin Fireworks, Port Austin, MI:
    (i) Location: All waters of Lake Huron, off the Port Austin break 
wall within a 300-yard radius of the fireworks launch site located at 
position 42[deg]03[min] N, 082[deg]40[min] W. (NAD 83).
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (35) City of Wyandotte Fireworks, Wyandotte, MI:
    (i) Location: All waters of the Detroit River, off the break wall 
between Oak and Van Alstyne St., within a 300-yard radius of the 
fireworks launch site located at position 42[deg]12[min] N, 
083[deg]09[min] W. (NAD 83).
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (36) Grosse Pointe Farms Fireworks, Grosse Point Farms, MI:
    (i) Location: All waters of Lake St. Clair, within a 300-yard radius 
of the fireworks barge located at position 42[deg]23[min] N, 
082[deg]52[min] W. (NAD 83). This position is located 300 yards east of 
Grosse Pointe Farms, MI.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (37) Caseville Fireworks, Caseville, MI:
    (i) Location: All waters of Saginaw Bay, within a 300-yard radius of 
the fireworks launch site located at position 43[deg]56.9[min] N, 
083[deg]17.2[min] W. (NAD 83). This position is located off the 
Caseville break wall.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (38) Algonac Pickerel Tournament Fireworks, Algonac, MI:
    (i) Location: All waters of the St. Clair River, within a 300-yard 
radius of the fireworks barge located at position 41[deg]37[min] N, 
082[deg]32[min] W. (NAD 83). This position is located between Algonac 
and Russel Island, St. Clair River-North Channel.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (39) Port Sanilac Fireworks, Port Sanilac, MI:
    (i) Location: All waters of Lake Huron within a 300-yard radius of 
the fireworks launch site located at position 43[deg]25[min] N, 
082[deg]31[min] W. (NAD 83). This position is located at the South 
Harbor Break wall in Port Sanilac.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (40) St. Clair Shores Fireworks, St. Clair Shores, MI:
    (i) Location: All waters of Lake St. Clair within a 300-yard radius 
of the fireworks barge located at position 42[deg]32[min] N, 
082[deg]51[min] W. (NAD 83). This position is located 1000 yards east of 
Veteran's Memorial Park, St. Clair Shores.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (41) 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 located at position 42[deg]58[min] N, 
082[deg]25[min] W. (NAD 83). This position is located 300 yards east of 
223 Huron Ave., Black River.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (42) Grosse Point Yacht Club 4th of July Fireworks, Grosse Point 
Shores, MI:
    (i) Location: All waters of Lake St. Clair within a 300-yard radius 
of the fireworks barge located at position 42[deg]25[min] N, 
082[deg]52[min] W. (NAD 83). This position is located 400 yards east of 
the Grosse Point Yacht Club seawall, Lake St. Clair.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (43) Lexington Independence Festival Fireworks, Lexington, MI:

[[Page 775]]

    (i) Location: All waters of Lake Huron within a 300-yard radius of 
the fireworks barge located at position 43[deg]13[min] N, 
082[deg]30[min] W. (NAD 83). This position is located 300 yards east of 
the Lexington break wall, Lake Huron.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (44) City of Ecorse Water Festival Fireworks, Ecorse, MI:
    (i) Location: All waters of the Detroit River within a 300-yard 
radius of the fireworks barge located at position 41[deg]14[min] N, 
083[deg]09[min] W. (NAD 83). This position is located in the Ecorse 
Channel at the northern end of Mud Island.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (45) Grosse Isle Yacht Club Fireworks, Grosse Isle, MI:
    (i) Location: All waters of the Detroit River within a 300-yard 
radius of the fireworks launch site located at position 42[deg]05[min] 
N, 083[deg]09[min] W. (NAD 83). This position is located in front of the 
Grosse Isle Yacht Club.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (46) Trenton Fireworks, Trenton, MI:
    (i) Location: All waters of the Detroit River within a 300-yard 
radius of the fireworks barge located at position 42[deg]09[min] N, 
083[deg]10[min] W. (NAD 83). This position is located 200 yards east of 
Trenton in the Trenton Channel near Trenton, MI.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (47) Belle Maer Harbor 4th of July Fireworks, Harrison Township, MI:
    (i) Location: All waters of Lake St. Clair within a 300-yard radius 
of the fireworks barge located at position 42[deg]36[min] N, 
082[deg]47[min] W. (NAD 83). This position is located 400 yards east of 
Belle Maer Harbor, Lake St. Clair.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (48) Tawas City 4th of July Fireworks, Tawas, MI:
    (i) Location: All waters of Lake Huron within a 300-yard radius of 
the fireworks launch site located at position 44[deg]13[min] N, 
083[deg]30[min] W. (NAD 83). This position is located off the Tawas City 
Pier.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (49) Venetian Festival Boat Parade and Fireworks, St. Clair Shores, 
MI:
    (i) Location: All waters of Lake St. Clair within a 300-yard radius 
of the fireworks barge located at position 42[deg]28[min] N, 
082[deg]52[min] W. (NAD 83). This position is located 600 yards off 
Jefferson Beach Marina, Lake St, Clair.
    (ii) Expected date: One evening during the second week in August. 
The exact dates and times for this event will be determined annually.
    (50) Celebrate America Fireworks, Grosse Pointe Farms, MI:
    (i) Location: All waters of Lake St. Clair within a 500-foot radius 
of the fireworks launch site located at position 42[deg]22[min]58[sec] 
N, 082[deg]53[min]46[sec] W. (NAD 83). This area is located southeast of 
the Grosse Point Yacht Club.
    (ii) Expected date: One evening during the third week in June. The 
exact dates and times for this event will be determined annually.
    (51) Target Fireworks, Detroit, MI:
    (i) Location: The following three areas are safety zones:
    (A) The first safety zone area will encompass all waters of the 
Detroit River bounded by the arc of a circle with a 900-foot radius with 
its center in position 42[deg]19[min]23[sec] N, 083[deg]04[min]34[sec] 
W.
    (B) The second safety zone area will encompass a portion of the 
Detroit River bounded on the South by the International Boundary line, 
on the West by 083[deg]03[min]30[sec] W, on the North by the City of 
Detroit shoreline and on the East by 083[deg]01[min]15[sec] W.
    (C) The third safety zone will encompass a portion of the Detroit 
River bounded on the South by the International Boundary line, on the 
West by the Ambassador Bridge, on the North by the City of Detroit 
shoreline, and on the East by the downstream end of

[[Page 776]]

Belle Isle. The Captain of the Port Detroit has determined that vessels 
below 65 feet in length may enter this zone.
    (ii) Expected date: One evening during the last week in June. The 
exact dates and times for this event will be determined annually.
    (52) Sigma Gamma Association Fireworks, Grosse Pointe Farms, MI:
    (i) Location: All waters of Lake St. Clair, within a 300-yard radius 
of the fireworks launch site located at position 42[deg]27[min] N, 
082[deg]52[min] W (NAD 83) This position is located in the vicinity of 
Ford's Cove.
    (ii) Expected date: One evening during the last week in June. The 
exact dates and times for this event will be determined annually.
    (53) Southside Summer Fireworks, Port Huron, MI:
    (i) Location: All waters of St. Clair River within a 300 yard radius 
of position 42[deg]57[min]55[sec] N, 082[deg]25[min]20[sec] W. This 
position is located on the shore of the St. Clair River in the vicinity 
of Oak and 3rd Street, Port Huron, MI. All geographic coordinates are 
North American Datum of 1983 (NAD 83).
    (ii) Expected date: One evening during the last week in June. The 
exact dates and times for this event will be determined annually.
    (54) Bay City Fireworks Festival, Bay City, MI:
    (i) Location: All waters of the Saginaw River near Bay City, MI, 
from the Veteran's Memorial Bridge, located at position 43[deg]35.8[min] 
N; 083[deg]53.6[min] W, south approximately 1000 yards to the River Walk 
Pier, located at position 43[deg]35.3[min] N; 083[deg]53.8[min] W. All 
geographic coordinates are North American Datum of 1983 (NAD 83).
    (ii) Expected date: Three evenings during the first week in July. 
The exact dates and times for this event will be determined annually.
    (55) Toledo 4th of July Fireworks, Toledo, OH:
    (i) Location: All waters of the Maumee River within a 300-yard 
radius of the fireworks launch site located at position 
41[deg]38[min]35[sec] N, 083[deg]31[min]54[sec] W. All geographic 
coordinates are North American Datum of 1983 (NAD 83).
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (56) Toledo Labor Day Fireworks, Toledo, OH:
    (i) Location: All waters of the Maumee River within a 300-yard 
radius of the fireworks launch site located at position 
41[deg]38[min]35[sec] N, 083[deg]31[min]54[sec] W. All geographic 
coordinates are North American Datum of 1983 (NAD 83).
    (ii) Expected date: One evening during the first week in September. 
The exact dates and times for this event will be determined annually.
    (b) Definitions. The following definitions apply to this section:
    (1) Designated Representative means any Coast Guard commissioned, 
warrant, or petty officer designated by the Captain of the Port Detroit 
to monitor a safety zone, permit entry into the zone, give legally 
enforceable orders to persons or vessels within the zones, and take 
other actions authorized by the Captain of the Port.
    (2) Public vessel means vessels owned, chartered, or operated by the 
United States, or by a State or political subdivision thereof.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec. 165.23 of this part, entry into, transiting, or anchoring within 
this safety zone is prohibited unless authorized by the Captain of the 
Port Detroit, or his designated representative.
    (2)(i) These safety zones are closed to all vessel traffic, except 
as may be permitted by the Captain of the Port Detroit or his designated 
representative.
    (ii) All persons and vessels must comply with the instructions of 
the 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 proceed as 
directed.
    (3)(i) All vessels must obtain permission from the Captain of the 
Port or his designated representative to enter, move within, or exit the 
safety zone established in this section when this safety zone is 
enforced.
    (ii) Vessels and persons granted permission to enter the safety zone 
must obey all lawful orders or directions of the Captain of the Port or 
a designated representative.

[[Page 777]]

    (iii) While within a safety zone, all vessels must operate at the 
minimum 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 Detroit or his 
designated representative may waive any of the requirements of this 
section, upon finding that operational conditions or other circumstances 
are such that application of this section is unnecessary or impractical 
for the purposes of public or environmental safety.
    (f) Notification. The Captain of the Port Detroit will notify the 
public that the safety zones in this section are or will be enforced by 
all appropriate means to the affected segments of the public including 
publication in the Federal Register as practicable, in accordance with 
33 CFR 165.7(a). Such means of notification may also include, but are 
not limited to Broadcast Notice to Mariners or Local Notice to Mariners. 
The Captain of the Port will issue a Broadcast Notice to Mariners 
notifying the public when enforcement of the safety zone established by 
this section is cancelled.

[USCG-2008-0218, 73 FR 46197, Aug. 8, 2008, as amended by USCG-2010-
0126, 75 FR 32668, June 9, 2010]

                      Eleventh Coast Guard District



Sec. 165.T11-281  Safety Zone; Lake Mead Intake Construction; Lake Mead, 

Boulder City, NV.

    (a) Location. The limits of the safety zone will include the 
navigable waters of Lake Mead within a 1300 foot radius around the 
construction vessels located at approximately 36[deg]05[min]24[sec] N, 
114[deg]45[min]60[sec] W.
    (b) Enforcement period. This section will be enforced from March 15, 
2010 through December 31, 2010 during construction operations. The 
safety zone will only be enforced during blasting, excavation, and other 
general construction operations. General public boating will be notified 
prior to commencement of construction operations by construction crew 
via Broadcast Notice to Mariners. If the construction concludes prior to 
the scheduled termination time, the COTP will cease enforcement of this 
safety zone.
    (c) Definitions. The following definitions apply to this section:
    (1) Designated representative means any Commissioned, Warrant, or 
Petty Officers of the Coast Guard, Coast Guard Auxiliary, or local, 
state, and federal law enforcement vessels who have been authorized to 
act on the behalf of the COTP.
    (2) Non-authorized personnel and vessels, means any civilian boats, 
fishermen, divers, and swimmers.
    (d) Regulations. (1) Entry into, transit through or anchoring within 
this safety zone is prohibited unless authorized by the COTP San Diego 
or his designated representative.
    (2) Non-authorized personnel and vessels requesting permission to 
transit through the safety zone may request authorization to do so from 
the COTP San Diego or his designated representative. They may be 
contacted on VHF-FM Channel 16, or at telephone number (619) 278-7033.
    (3) Vessels involved in the construction operations are allowed in 
the confines of the established safety zone.
    (4) All persons and vessels must comply with the instructions of the 
Coast Guard COTP or his designated representative.
    (5) Upon being hailed by U.S. Coast Guard or other official 
personnel by siren, radio, flashing light, or other means, the operator 
of a vessel must proceed as directed.
    (6) The Coast Guard may be assisted by other federal, state, or 
local agencies.

    Effective Date Note: By USCG-2009-1031, 75 FR 13234, Mar. 19, 2010, 
temporary Sec. 165.T11-281 was added, effective Mar. 19, 2010 through 
Dec. 31, 2010.



Sec. 165.T11-304  Safety zone; Sea World Summer Nights Fireworks; Mission Bay, 

San Diego, California.

    (a) Location. The limits of the safety zone will include a 600 foot 
radius around the barge in approximate position 32[deg]46[min]03[sec] N, 
117[deg]13[min]11[sec] W.
    (b) Enforcement period. This section will be enforced from 8:50 p.m. 
to 10

[[Page 778]]

p.m. on March 27, 2010 through September 6, 2010. If the event concludes 
prior to the scheduled termination time, the Captain of the Port will 
cease enforcement of this safety zone and will announce that fact via 
Broadcast Notice to Mariners.
    (c) Definitions. The following definition applies to this section: 
Designated 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 enforcement vessels who have been 
authorized to act on the behalf of the Captain of the Port.
    (d) Regulations. (1) Entry into, transit through or anchoring within 
this safety zone is prohibited unless authorized by the Captain of the 
Port of San Diego or his designated on-scene representative.
    (2) Mariners requesting permission to transit through the safety 
zone may request authorization to do so from the Sector San Diego 
Command Center. The Command Center may be contacted on VHF-FM Channel 
16.
    (3) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated representative.
    (4) Upon being hailed by U.S. Coast Guard patrol personnel by siren, 
radio, flashing light, or other means, the operator of a vessel shall 
proceed as directed.
    (5) The Coast Guard may be assisted by other Federal, State, or 
local agencies.

    Effective Date Note: By USCG-2010-0213, 75 FR 19250, Apr. 14, 2010, 
temporary Sec. 165.T11-304 was added, effective from Mar. 27, 2010 
through Sept. 6, 2010.



Sec. 165.1101  Security Zone: San Diego Bay, CA.

    (a) Location. The following area is a security zone: the water area 
within Naval Station, San Diego enclosed by the following points: 
Beginning at 32[deg]41[min]16.5[sec] N, 117[deg]08[min]01[sec] W (Point 
A); thence running southwesterly to 32[deg]40[min]58.3[sec] N, 
117[deg]08[min]11.0[sec] W (Point B); to 32[deg]40[min]36.0[sec] N 
117[deg]07[min]49.1[sec] W (Point C); to 32[deg]40[min]17.0[min] N, 
117[deg]07[min]34.6[sec] W (Point D); to 32[deg]39[min]36.4[sec] N, 
117[deg]07[min]24.8[sec] W (Point E); to 32[deg]39[min]38.5[sec] N 
117[deg]07[min]06.5[sec] W, (Point F); thence running generally 
northwesterly along the shoreline of the Naval Station to the place of 
the beginning. All coordinates referenced use datum: NAD 1983.
    (b) Regulations. (1) In accordance with the general regulations in 
Sec. 165.33 of this part, entry into the area of this zone is 
prohibited unless authorized by the Captain of the Port San Diego; 
Commander, Naval Base San Diego; Commander, Navy Region Southwest; or 
the Commanding Officer, Naval Station, San Diego.
    (2) Persons desiring to transit the area of the security zone may 
contact the Captain of the Port at telephone number 619-683-6495 or on 
VHF channel 16 (156.8 MHz) to seek permission to transit the area. If 
permission is granted, all persons and vessels must comply with the 
instructions of the Captain of the Port or his or her designated 
representative.
    (c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the 
authority for this section includes 33 U.S.C. 1226.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of this security zone by the U.S. Navy.

[COTP San Diego 04-019, 70 FR 2021, Jan. 12, 2005]



Sec. 165.1102  Security Zone; Naval Base Point Loma; San Diego Bay, San Diego, 

CA.

    (a) Location. The following area is a security zone: The water 
adjacent to the Naval Base Point Loma, San Diego, CA, enclosed by the 
following coordinates:

32[deg]42.48[min] N, 117[deg]14.22[min] W (Point A);
32[deg]42.48[min] N, 117[deg]14.21[min] W (Point B);
32[deg]42.17[min] N, 117[deg]14.05[min] W (Point C);
32[deg]41.73[min] N, 117[deg]14.21[min] W (Point D);
32[deg]41.53[min] N, 117[deg]14.23[min] W (Point E);
32[deg]41.55[min] N, 117[deg]14.02[min] W (Point F);
32[deg]41.17[min] N, 117[deg]13.95[min] W (Point G);
32[deg]41.17[min] N, 117[deg]13.97[min] W (Point H);
thence running generally north along the shoreline to Point A.

    (b) Regulations. (1) The general regulations governing security 
zones found in 33 CFR 165.33 apply to the security zone described in 
paragraph (a) of this section.
    (2) Entry into, or remaining in, the area of this zone is prohibited 
unless

[[Page 779]]

authorized by the Captain of the Port San Diego; Commanding Officer, 
Naval Base Point Loma; or Commander, Navy Region Southwest.
    (3) Persons desiring to transit the area of the security zone may 
request permission from the Captain of the Port San Diego at telephone 
number (619) 278-7033 or on VHF channel 16 (156.8 MHz) or from either 
the Commanding Officer, Naval Base Point Loma or the Commander, Navy 
Region Southwest by calling the Navy Port Operation Dispatch at 
telephone number (619) 556-1433 or on VHF-FM channels 16 or 12. If 
permission is granted, all persons and vessels must comply with the 
instructions of the Captain of the Port San Diego or his or her 
designated representative.
    (c) Definitions. For purposes of this section: Captain of the Port 
San Diego, means the Commanding Officer of the Coast Guard Sector San 
Diego; Commander, Navy Region Southwest, means Navy Region Commander 
responsible for the Southwest Region; Commanding Officer, Naval Base 
Point Loma, means the Installation Commander of the naval base located 
on Point Loma, San Diego, California; Designated Representative, means 
any U.S. Coast Guard commissioned, warrant, or petty officer who has 
been designated by the Captain of the Port San Diego to assist in the 
enforcement of the security zone described in paragraph (a) of this 
section.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the security zone described in paragraph (a) of this 
section by the U.S. Navy and local law enforcement agencies.

[USCG-2008-1016, 74 FR 50708, Oct. 1, 2009]



Sec. 165.1104  Security Zone: San Diego Bay, CA.

    (a) Location. The following area is a security zone: on the waters 
along the northern shoreline of Naval Base Coronado, the area enclosed 
by the following points: Beginning at 32[deg]42[min]53.0[sec] N, 
117[deg]11[min]45.0 W (Point A); thence running northerly to 
32[deg]42[min]55.5[sec] N, 117[deg]11[min]45.0[sec] W, (Point B); thence 
running easterly to 32[deg]42[min]57.0[sec] N, 117[deg]11[min]31.0[sec] 
W, (Point C); thence southeasterly to 32[deg]42[min]42.0[sec] N, 
117[deg]11[min]04.0[sec] W (Point D); thence southeasterly to 
32[deg]42[min]21.0[sec] N, 117[deg]10[min]47.0[sec] W (Point E) thence 
running southerly to 32[deg]42[min]13.0[sec] N, 117[deg]10[min]51.0[sec] 
W (Point F); thence running generally northwesterly along the shoreline 
of Naval Base Coronado to the place of beginning. All coordinates 
referenced use datum: NAD 1983.
    (b) Regulations. (1) In accordance with the general regulations in 
Sec. 165.33 of this part, entry into the area of this zone is prohibited 
unless authorized by the Captain of the Port San Diego; Commander, Naval 
Base Coronado, or Commander, Navy Region Southwest.
    (2) Persons desiring to transit the area of the security zone may 
contact the Captain of the Port at telephone number 619-683-6495 or on 
VHF channel 16 (156.8 MHz) to seek permission to transit the area. If 
permission is granted, all persons and vessels must comply with the 
instructions of the Captain of the Port or his or her designated 
representative.
    (c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the 
authority for this section includes 33 U.S.C. 1226.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of this security zone by the U.S. Navy.

[COTP San Diego, 68 FR 25290, May 12, 2003]



Sec. 165.1105  Security Zone: San Diego Bay, California.

    (a) Location. (1) The following area is a security zone: The water 
area adjacent to Naval Air Station North Island, Coronado, California, 
and within 100 yards (91 meters) of Bravo Pier, and vessels moored 
thereto, bounded by the following points (when no vessel is moored at 
the pier):
    (i) Latitude 32[deg]41[min]53.0[sec] N, Longitude 
117[deg]13[min]33.6[sec] W;
    (ii) Latitude 32[deg]41[min]53.0[sec] N, Longitude 
117[deg]13[min]40.6[sec] W;
    (iii) Latitude 32[deg]41[min]34.0[sec] N, Longitude 
117[deg]13[min]40.6[sec] W;
    (iv) Latitude 32[deg]41[min]34.0[sec] N, Longitude 
117[deg]13[min]34.1[sec] W.
    (2) Because the area of this security zone is measured from the pier 
and from vessels moored thereto, the actual area of this security zone 
will be larger when a vessel is moored at Bravo Pier.

[[Page 780]]

    (b) Regulations. In accordance with the general regulations in Sec. 
165.33 of this part, entry into the area of this zone is prohibited 
unless authorized by the Captain of the Port or the Commanding Officer, 
Naval Air Station North Island. Section 165.33 also contains other 
general requirements.

[COTP San Diego Reg. 85-11, 51 FR 3776, Jan. 30, 1986, as amended at 52 
FR 8893, Mar. 20, 1987. Redesignated by USCG-2001-9286, 66 FR 33642, 
June 25, 2001]



Sec. 165.1106  San Diego Bay, California--safety zone.

    (a) The waters of San Diego Bay enclosed by the following boundaries 
are a safety zone:
    From a point located on the boundary of Coast Guard Air Station San 
Diego, California at latitude 32[deg]43[min]37.2[sec] N, longitude 
117[deg]10[min]45.0[sec] W (point A), for a point of beginning; thence 
southeasterly to latitude 32[deg]43[min]36.2[sec] N, longitude 
117[deg]10[min]41.5[sec] W (point B); thence southwesterly to latitude 
32[deg]43[min]20.2[sec] N, longitude 117[deg]10[min]49.5[sec] W (point 
C); thence northwesterly to latitude 32[deg]43[min]25.7[sec] N, 
longitude 117[deg]11[min]04.6[sec] W (point D); thence northeasterly to 
latitude 32[deg]43[min]35.7[sec] N, longitude 117[deg]10[min]59.5[sec] W 
(point E); thence generally easterly along the air station boundary to 
the point of beginning (point A).
    (b)(1) In accordance with the general regulations in Sec. 165.23 of 
this part, entry into the area of this zone is prohibited unless 
authorized by the Captain of the Port, except as provided for below.
    (2) Vessels may transit the area of this safety zone without 
permission, but may not anchor, stop, remain within the zone, or 
approach within 100 yards (92 meters) of the land area of Coast Guard 
Air Station San Diego or structures attached thereto.

[CGD 85-034, 50 FR 14703, Apr. 15, 1985 and COTP San Diego Reg. 85-06, 
50 FR 38003, Sept. 19, 1985. Redesignated by USCG-2001-9286, 66 FR 
33642, June 25, 2001]



Sec. 165.1107  San Diego Bay, California.

    (a) Location. The area encompassed by the following geographic 
coordinates is a regulated navigation area:

32[deg]41[min]24.6[sec] N            117[deg]14[min]21.9[sec] W
32[deg]41[min]34.2[sec] N            117[deg]13[min]58.5[sec] W
32[deg]41[min]34.2[sec] N            117[deg]13[min]37.2[sec] W
 
Thence south along the shoreline to
 
32[deg]41[min]11.2[sec] N            117[deg]13[min]31.3[sec] W
32[deg]41[min]11.2[sec] N            117[deg]13[min]58.5[sec] W
 
Thence north along the shoreline to the point of origin.
 

    Datum: NAD 1983.
    (b) Regulations. (1) During submarine docking/undocking operations 
at the U.S. Naval Submarine Base on Ballast Point, San Diego Bay, 
California, mariners transiting within the regulated navigation area 
shall proceed at a speed that generates no wake from their vessel.
    (2) The Coast Guard will issue a Broadcast Notice to Mariners, and 
if time permits a Local Notice to Mariners, to inform the maritime 
community of the dates and times of the submarine docking/undocking 
operations covered by paragraph (b)(1).
    (3) The master and/or operator of a vessel within the regulated 
navigation area shall comply with any other orders or directions issued 
by the Coast Guard as required for the safety of the submarine docking/
undocking operations covered by paragraph (b)(1).

[CGD11-90-07, 56 FR 14645, Apr. 11, 1991; 56 FR 40360, Aug. 14, 1991, as 
amended by USCG-1998-3799, 63 FR 35533, June 30, 1998. Redesignated by 
USCG-2001-9286, 66 FR 33642, June 25, 2001]



Sec. 165.1108  Security Zones; Cruise Ships, Port of San Diego, California.

    (a) Definition. ``Cruise ship'' as used in this section means a 
passenger vessel, except for a ferry, 100 gross tons or more, authorized 
to carry more than 12 passengers for hire; capable of making 
international voyages lasting more than 24 hours, any part of which is 
on the high seas; and for which passengers are embarked, disembarked or 
at a port of call in the San Diego port.
    (b) Location. The following areas are security zones:
    (1) All waters, extending from the surface to the sea floor, within 
a 100 yard radius around any cruise ship that is anchored at a 
designated anchorage within the San Diego port area inside the sea buoys 
bounding the port of San Diego.
    (2) The shore area and all waters, extending from the surface to the 
sea floor, within a 100 yard radius around any cruise ship that is 
moored at any

[[Page 781]]

berth within the San Diego port area inside the sea buoys bounding the 
Port of San Diego; and
    (3) All waters, extending from the surface to the sea floor, within 
a 100 yard radius around any cruise ship that is underway on the waters 
inside the sea buoys bounding the Port of San Diego.
    (c) Regulations. (1) In accordance with the general regulation in 
Sec. 165.33 of the part, entry into or remaining in these zones is 
prohibited unless authorized by the Coast Guard Captain of the Port, San 
Diego or his designated representative.
    (2) Persons desiring to transit the area of the security zones may 
contact the Captain of the Port at telephone number (619) 683-6495 or on 
VHF-FM channel 16 (156.8 MHz) to seek permission to transit the area. If 
permission is granted, all persons and vessels must comply with the 
instructions of the Captain of the Port or his or her designated 
representative.
    (d) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the 
authority for this section includes 33 U.S.C. 1226.
    (e) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the security zones by the San Diego Harbor Police.

[COTP San Diego 02-026, 68 FR 1008, Jan. 8, 2003]



Sec. 165.1110  Security Zone: Coronado Bay Bridge, San Diego, CA.

    (a) Location. All navigable waters of San Diego Bay, from the 
surface to the sea floor, within 25 yards of all piers, abutments, 
fenders and pilings of the Coronado Bay Bridge. These security zones 
will not restrict the main navigational channel nor will it restrict 
vessels from transiting through the channel.
    (b) Regulations. (1) Under Sec. 165.33, entry into, transit 
through, loitering, or anchoring within any of these security zones by 
all persons and vessels is prohibited, unless authorized by the Captain 
of the Port, or his designated representative. Mariners seeking 
permission to transit through a security zone may request authorization 
to do so from Captain of the Port or his designated representative. The 
Coast Guard can be contacted on San Diego Bay via VHF-FM channel 16.
    (2) Vessels may enter a security zone if it is necessary for safe 
navigation and circumstances do not allow sufficient time to obtain 
permission from the Captain of the Port.

[COTP San Diego 04-015, 69 FR 43915, July 23, 2004]



Sec. 165.1120  Security Zone; Naval Amphibious Base, San Diego, CA.

    (a) Location. The following area is a security zone: the waters of 
San Diego Bay, enclosed by lines connecting the following points: 
Beginning at 32[deg]40[min]30.0[sec] N, 117[deg]10[min]03.0[sec] W 
(Point A); thence running northeasterly to 32[deg]40[min]54.0[sec] N, 
117[deg]09[min]35.5[sec] W (Point B); thence running northeasterly to 
32[deg]40[min]55.0[sec] N, 117[deg]09[min]27.0[sec] W (Point C); thence 
running southeasterly to 32[deg]40[min]43.0[sec] N, 
117[deg]09[min]09.0[sec] W (Point D); thence running southerly to 
32[deg]40[min]39.0[sec] N, 117[deg]09[min]08.0[sec] (Point E); thence 
running southwesterly to 32[deg]40[min]30.0[sec] N, 
117[deg]09[min]12.9[sec] W (Point F); thence running a short distance to 
32[deg]40[min]29.0[sec] N, 117[deg]09[min]14.0[sec] W (Point G); thence 
running southwesterly to 32[deg]40[min]26.0[sec] N, 
117[deg]09[min]17.0[sec] W (Point H); thence running northwesterly to 
the shoreline to 32[deg]40[min] 31.0[sec] N, 117[deg]09[min] 22.5[sec] W 
(Point I), thence running along the shoreline to the beginning point.
    (b) Regulations. In accordance with the general regulations in Sec. 
165.33 of this part, entry into the area of this zone is prohibited 
unless authorized by the Captain of the Port or the Commander, Navy 
Region Southwest.
    (c) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of this security zone by the U.S. Navy.

[CGD11-01-011, 67 FR 4661, Jan. 31, 2002]



Sec. 165.1121  Security Zone: Fleet Supply Center Industrial Pier, San Diego, 

CA.

    (a) Location. The following area is a security zone: the waters of 
San Diego Bay extending approximately 100 feet from the north, west, and 
south sides of the Fleet Industrial Supply Center enclosed by lines 
connecting the following points: Beginning at 32[deg]42[min]50[sec] N, 
117[deg]10[min]25[sec] W (Point A); to 32[deg]42[min]50[sec] N, 
117[deg]10[min]38[sec] W (Point B); to 32[deg]42[min]54[sec] N,

[[Page 782]]

117[deg]10[min]38[sec] W (Point C); to 32[deg]42[min]54[sec] N, 
117[deg]10[min]25[sec] W (Point D).
    (b) Regulations. In accordance with the general regulations in Sec. 
165.33, entry into the area of this zone is prohibited unless authorized 
by the Captain of the Port or the Commander, Navy Region Southwest. 
Section 165.33 also contains other general requirements.
    (c) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of this security zone by the U.S. Navy.

[CGD11-01-008, 67 FR 4660, Jan. 31, 2002]



Sec. 165.1122  San Diego Bay, Mission Bay and their Approaches--Regulated 

navigation area.

    (a) Regulated navigation area. The following area is a regulated 
navigation area (RNA): All waters of San Diego Bay, Mission Bay, and 
their approaches encompassed by a line commencing at Point La Jolla 
(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 the outermost extent of the 
territorial seas; thence proceeding southerly along the outermost extent 
of the territorial seas to the intersection of the maritime boundary 
with Mexico; thence proceeding easterly, along the maritime boundary 
with Mexico to its intersection with the California coast; thence 
proceeding northerly, along the shoreline of the California coast--and 
including the inland waters of San Diego Bay and Mission Bay, 
California, shoreward of the COLREGS Demarcation Line --back to the 
point of origin. All coordinates reference 1983 North American Datum 
(NAD 83).
    (b) Definitions. As used in this section--
    COLREGS Demarcation Line means the line described at 33 CFR 80.1104 
or 80.1106.
    Public vessel means a vessel that is owned or demise--(bareboat) 
chartered by the government of the United States, by a State or local 
government, or by the government of a foreign country and that is not 
engaged in commercial service.
    Vessel means every description of watercraft or other artificial 
contrivance used, or capable of being used, as a means of transportation 
on water other than a public vessel.
    (c) Applicability. This section applies to all vessels of 100 gross 
tons (GT) or more, including tug and barge combinations of 100 GT or 
more (combined), operating within the RNA, with the exception of public 
vessels, vessels not intending to cross the COLREGS Demarcation Line and 
enter San Diego Bay or Mission Bay, and any vessels exercising rights 
under principles of international law, including innocent passage or 
force majeure, within the area of this RNA. Vessels operating properly 
installed, operational, type approved automatic identification system 
(AIS) as denoted in 33 CFR 164.46 are exempted from making requests as 
required in this regulation.
    (d) Regulations. (1) No vessel to which this rule applies may enter, 
depart or move within San Diego Bay or Mission Bay unless it complies 
with the following requirements:
    (i) Obtain permission to enter San Diego Bay or Mission Bay from the 
Captain of the Port or designated representative immediately upon 
entering the RNA. However, to avoid potential delays, we recommend 
seeking permission 30 minutes prior to entering the RNA.
    (ii) Follow all instructions issued by the Captain of the Port or 
designated representative.
    (iii) Obtain permission for any departure from or movement within 
the RNA from the Captain of the Port or designated representative prior 
to getting underway.
    (iv) Follow all instructions issued by the Captain of the Port or 
designated representative.
    (v) Requests may be made by telephone at 619-278-7033 (select option 
2) or via VHF-FM radiotelephone on channel 16 (156.800 Mhz). The call 
sign for radiotelephone requests to the Captain of the Port or 
designated representative is ``Coast Guard Sector San Diego.''
    (2) For purposes of the requirements in paragraph (d)(1) of this 
section, the Captain of the Port or designated representative means any 
official designated by the Captain of the Port, including but not 
limited to commissioned, warrant, and petty officers of

[[Page 783]]

the U.S. Coast Guard, and any U.S. Coast Guard patrol vessel. Upon being 
hailed by a U.S. Coast Guard vessel by siren, radio, flashing light, or 
other means, the operator of a vessel shall proceed as directed.
    (e) Waivers. The Captain of the Port or designated representative 
may, upon request, waive any regulation in this section.

[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: The water area 
adjacent to San Clemente Island, California within 1.5 nautical miles 
(1.73 statute miles, 2.8 kilometers) of the shoreline of San Clemente 
Island from Wilson Cove North End Light (LLNR 2565) to Spruce Pier, 
approximately 4.1 nautical miles (4.7 statute miles, 7.65 kilometers) 
southeast of Wilson Cove North End Light, described as follows:
    Starting at a point on the shoreline of San Clemente Island, 
California, in position 33[deg]01[min]25.0[sec] N, 
118[deg]33[min]43.0[sec] W, for a place of beginning (point A), thence 
northeasterly to 33[deg]02[min]11.0[sec] N, 118[deg]32[min]13.5[sec] W 
(point B), thence southeasterly to 32 [deg]58[min]40.5[sec] N, 
118[deg]29[min]15.5[sec] W (point C), thence southwesterly to 
32[deg]57[min]54.0[sec] N, 118[deg]31[min]17.2[sec] W (point D), thence 
northwesterly along the shoreline of San Clemente Island to the place of 
beginning.
    (b) Regulations. In accordance with the general regulations in Sec. 
165.33 of this part, entry into the area of this zone is prohibited 
unless authorized by the Captain of the Port, San Diego, California. 
Section 165.33 also contains other general requirements.

[COTP San Diego Reg. 87-04, 52 FR 18230, May 14, 1987. Redesignated by 
USCG-2001-9286, 66 FR 33642, June 25, 2001]



Sec. 165.1141  Safety Zone; San Clemente 3 NM Safety Zone, San Clemente 

Island, CA.

    (a) Location. The following area is a safety zone: All waters of the 
Pacific Ocean surrounding San Clemente Island, from surface to bottom, 
extending from the high tide line on the island seaward 3 NM. The zone 
consists of the following sections (see Figure 1):

                              (1) Section A

    Beginning at 33[deg]02.05[min] N, 118[deg]35.85[min] W; thence to 
33[deg]04.93[min] N, 118[deg]37.07[min] W; thence running parallel to 
the shore at a distance of approximately 3 NM from the high tide line to 
33[deg]02.82[min] N, 118[deg]30.65[min] W; thence 33[deg]01.29[min] N, 
118[deg]33.88[min] W; thence along the shoreline returning to 
33[deg]02.05[min] N, 118[deg]35.85[min] W.

                              (2) Section B

    Beginning at 32[deg]57.30[min] N, 118[deg]30.88[min] W; thence to 
32[deg]59.60[min] N, 118[deg]28.33[min] W; thence running parallel to 
the shore at a distance of approximately 3 NM from the high tide line to 
32[deg]55.83[min] N, 118[deg]24.22[min] W; thence to 32[deg]53.53[min] 
N, 118[deg]26.52[min] W; thence along the shoreline returning to 
32[deg]57.30[min] N, 118[deg]30.88[min] W.

                              (3) Section C

    Beginning at 32[deg]53.53[min] N, 118[deg]26.52[min] W; thence to 
32[deg]55.83[min] N, 118[deg]24.22[min] W; thence running parallel to 
the shore at a distance of approximately 3 NM from the high tide line to 
32[deg]47.27[min] N, 118[deg]18.23[min] W; thence to 32[deg]49.10[min] 
N, 118[deg]21.05[min] W; thence along the shoreline returning to 
32[deg]53.53[min] N, 118[deg]26.52[min] W.

                              (4) Section D

    Beginning at 32[deg]49.10[min] N, 118[deg]21.05[min] W; thence to 
32[deg]47.27[min] N, 118[deg]18.23[min] W; thence running parallel to 
the shore at a distance of approximately 3 NM from the high tide line to 
32[deg]48.38[min] N, 118[deg]31.69[min] W; thence to 32[deg]50.70[min] 
N, 118[deg]29.37[min] W; thence along the shoreline returning to 
32[deg]49.10[min] N, 118[deg]21.05[min] W.

                              (5) Section E

    Beginning at 32[deg]50.70[min] N, 118[deg]29.37[min] W; thence to 
32[deg]48.05[min] N, 118[deg]31.68[min] W; thence running parallel to 
the shore at a distance of approximately 3 NM from the high tide line to 
32[deg]53.62[min] N, 118[deg]35.93[min] W; thence to 32[deg]56.13[min] 
N, 118[deg]32.95[min] W; thence along the shoreline returning to 
32[deg]50.70[min] N, 118[deg]29.37[min] W.

                              (6) Section F

    Beginning at 32[deg]56.13[min] N, 118[deg]32.95[min] W; thence to 
32[deg]53.62[min] N, 118[deg]35.93[min] W; thence running parallel to 
the shore at a distance of approximately 3 NM from the high tide line to 
32[deg]59.95[min] N, 118[deg]39.77[min] W; thence to 33[deg]01.08[min] 
N,

[[Page 784]]

118[deg]36.33[min] W; thence along the shoreline returning to 
32[deg]56.13[min] N, 118[deg]32.95[min] W.

                              (7) Section G

    Beginning at 33[deg]01.08' N, 118[deg]36.333' W; thence to 
32[deg]59.95[min] N, 118[deg]39.77[min] W; thence running parallel to 
the shore at a distance of approximately 3 NM from the high tide line to 
33[deg]04.93[min] N, 118[deg]37.07[min] W; thence to 33[deg]02.05[min] 
N, 118[deg]35.85[min] W; along the shoreline returning to 
33[deg]01.08[min] N, 118[deg]36.33[min] W.

                             (8) Wilson Cove

    Beginning at 33[deg]01.28[min] N, 118[deg]33.88[min] W; thence to 
33[deg]02.82[min] N, 118[deg]30.65[min] W; thence running parallel to 
the shore at a distance of approximately 3 NM from the high tide line to 
32[deg]59.60' N, 118[deg]28.33[min] W; thence to 32[deg]57.30[min] N, 
118[deg]30.88[min] W; thence along the shoreline returning to 
33[deg]01.28[min] N, 118[deg]33.88[min] W.
[GRAPHIC] [TIFF OMITTED] TR20MY10.000

    (b) Definitions. The following definition applies to this section: 
designated 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 enforcement vessels who have been 
authorized to act on the behalf of the Captain of the Port (COTP).
    (c) Enforcement. (1) This regulation will be enforced at all times 
in Section

[[Page 785]]

G and the Wilson Cove section of the safety zone described in paragraph 
(a) of this section. Mariners must obtain permission in accordance with 
the procedure described in paragraph (d)(2) of this section before 
entering either of those sections (paragraphs (a)(7) and (8)).
    (2) This regulation will be enforced in Sections A through F of the 
safety zone described in paragraphs (a)(1) through (6) of this section 
except when the Coast Guard notifies the public that enforcement of the 
zone in specified sections is temporarily suspended. Mariners need not 
obtain permission in accordance with the procedure described in 
paragraph (d)(2) of this section to enter a zone section in which 
enforcement is temporarily suspended. At all other times, mariners must 
obtain permission in accordance with the procedure described in 
paragraph (d)(2) before entering any of those sections.
    (3) The COTP will provide notice of suspended enforcement by means 
appropriate to effect the widest publicity, including broadcast notice 
to mariners, publication in the local notice to mariners, and posting 
the schedule of restricted access periods by date, location and duration 
at http://www.scisland.org.
    (d) Regulations. (1) The general regulations governing safety zones 
found in 33 CFR 165.23 apply to the safety zone described in paragraph 
(a) of this section.
    (2) Mariners requesting permission to transit through any section of 
the zone may request authorization to do so from the Fleet Area Control 
and Surveillance Facility (FACSFAC) San Diego by either calling 619-545-
4742 or establishing a VHF bridge to bridge radio connection on Channel 
16. Immediately upon completing transit, the vessel operator must 
promptly notify the FACSFAC of safe passage through the safety zone. 
Failure to expeditiously notify FACSFAC of passage through the safety 
zone will result in a determination by the Navy that the vessel is still 
in the safety zone, thereby restricting the use of the area for naval 
operations. If the Navy determines that facilitating safe transit 
through the zone negatively impacts range operations, the Navy will 
cease this practice and enforce the safety zones in these two areas 
without exception.
    (3) All persons and vessels must comply with the instructions of the 
U.S. Navy, Coast Guard Captain of the Port or the designated 
representative.
    (4) Upon being hailed by U.S. Navy or U.S. Coast Guard patrol 
personnel by siren, radio, flashing light, or other means, the operator 
of a vessel must proceed as directed.
    (5) The U.S. Coast Guard may be assisted in the patrol and 
enforcement of the safety zone described in paragraph (a) of this 
section by the U.S. Navy and local law enforcement agencies.

[USCG-2009-0277, 75 FR 28198, May 20, 2010]



Sec. 165.1151  Security Zones; liquefied hazardous gas tank vessels, San Pedro 

Bay, California.

    (a) Definition. ``Liquefied Hazardous Gas'' as used in this section 
means a liquid containing one or more of the products listed in Table 
127.005 of this part that is carried in bulk on board a tank vessel as 
liquefied petroleum gas, liquefied natural gas, or similar liquefied gas 
products.
    (b) Location. The following areas are security zones:
    (1) All waters, extending from the surface to the sea floor, within 
a 500 yard radius around any liquefied hazardous gas (LHG) tank vessel 
that is anchored at a designated anchorage either inside the Federal 
breakwaters bounding San Pedro Bay or outside at designated anchorages 
within three nautical miles of the breakwater;
    (2) The shore area and all waters, extending from the surface to the 
sea floor, within a 500 yard radius around any LHG tank vessel that is 
moored, or in the process of mooring, at any berth within the Los 
Angeles or Long Beach port areas inside the Federal breakwaters bounding 
San Pedro Bay;
    (3) All waters, extending from the surface to the sea floor, within 
1000 yards ahead and 500 yards on each side and astern of any LHG tank 
vessel that is underway either on the waters inside the Federal 
breakwaters bounding San Pedro Bay or on the waters within three 
nautical miles seaward of the Federal breakwaters.

[[Page 786]]

    (c) Regulations. (1) In accordance with the general regulations in 
Sec. 165.33 of this part, entry into or remaining in these zones is 
prohibited unless authorized by the Coast Guard Captain of the Port Los 
Angeles-Long Beach, or his or her designated representative.
    (2) Persons desiring to transit the area of the security zone may 
contact the Captain of the Port at telephone number (800) 221-USCG 
(8724) or on VHF-FM channel 16 (156.8 MHz) to seek permission to transit 
the area. If permission is granted, all persons and vessels shall comply 
with the instructions of the Captain of the Port or his or her 
designated representative.
    (3) When any LHG tank vessels approach within 500 yards of a vessel 
that is moored or anchored, the stationary vessel must stay moored or 
anchored while it remains within the LHG tank vessel's security zone 
unless it is either ordered by or given permission from the Captain of 
the Port Los Angeles-Long Beach to do otherwise.
    (d) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the 
authority for this section includes 33 U.S.C. 1226.
    (e) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of these security zones by the Los Angeles Port Police 
and the Long Beach Police Department.

[COTP Los Angeles-Long Beach 02-005, 68 FR 13233, Mar. 19, 2003]



Sec. 165.1152  San Pedro Bay, California--Regulated navigation area.

    (a) Applicability. This section applies to all vessels unless 
otherwise specified. (Note: All geographic coordinates are defined using 
North American Datum 1983 (NAD 83)).
    (b) Deviations. The Captain of the Port of Los Angeles-Long Beach or 
his or her designated representative may authorize a deviation from the 
requirements of this regulation when it is deemed necessary in the 
interests of safety.
    (c) Location. (1) The San Pedro Bay Regulated Navigation Area (RNA) 
consists of the water area enclosed by the Los Angeles-Long Beach 
breakwater and a line connecting Point Fermin Light at 33[deg]42.30[min] 
N, 118[deg]17.60[min] W, with the following geographical positions:

------------------------------------------------------------------------
                 Latitude                            Longitude
------------------------------------------------------------------------
33[deg]35.50[min] N......................  118[deg]17.60[min] W
33[deg]35.50[min] N......................  118[deg]09.00[min] W
33[deg]37.70[min] N......................  118[deg]06.50[min] W
33[deg]43.40[min] N......................  118[deg]10.80[min] W
------------------------------------------------------------------------

    (2) The San Pedro Bay RNA consists of the following named sub-areas, 
defined by lines connecting their respective geographic coordinates:
    (i) The Los Angeles Pilot Area:

------------------------------------------------------------------------
              Latitude                             Longitude
------------------------------------------------------------------------
33[deg]42.50[min] N.................  118[deg]15.10[min] W
                                      (Los Angeles Light)
33[deg]42.62[min] N.................  118[deg]14.70[min] W
33[deg]41.30[min] N.................  118[deg]13.50[min] W
33[deg]40.85[min] N.................  118[deg]14.90[min] W
33[deg]42.50[min] N.................  118[deg]15.10[min] W
------------------------------------------------------------------------

    (ii) The Long Beach Pilot Area:

------------------------------------------------------------------------
              Latitude                             Longitude
------------------------------------------------------------------------
33[deg]43.40[min] N.................  118[deg]11.20[min] W
                                      (Long Beach Light)
33[deg]43.40[min] N.................  118[deg]10.80[min] W
33[deg]41.50[min] N.................  118[deg]10.22[min] W
33[deg]40.52[min] N.................  118[deg]10.22[min] W
33[deg]40.52[min] N.................  118[deg]11.82[min] W
33[deg]41.50[min] N.................  118[deg]11.82[min] W
33[deg]43.40[min] N.................  118[deg]11.20[min] W
------------------------------------------------------------------------

    (iii) The Los Angeles Deep Water Traffic Lane:

------------------------------------------------------------------------
                 Latitude                            Longitude
------------------------------------------------------------------------
33[deg]42.47[min] N......................  118[deg]14.95[min] W
33[deg]42.56[min] N......................  118[deg]14.75[min] W
33[deg]39.48[min] N......................  118[deg]13.32[min] W
33[deg]39.42[min] N......................  118[deg]13.55[min] W
33[deg]42.47[min] N......................  118[deg]14.95[min] W
------------------------------------------------------------------------

    (iv) The Long Beach Deep Water Traffic Lane:

------------------------------------------------------------------------
                 Latitude                            Longitude
------------------------------------------------------------------------
33[deg]43.43[min] N......................  118[deg]11.15[min] W
33[deg]43.39[min] N......................  118[deg]10.90[min] W
33[deg]41.51[min] N......................  118[deg]10.71[min] W
33[deg]41.50[min] N......................  118[deg]10.95[min] W
33[deg]43.43[min] N......................  118[deg]11.15[min] W
------------------------------------------------------------------------

    (v) Los Angeles Deep Water Pilot Area: A 0.5nm radius around 
33[deg]39.00[min] N, 118[deg]13.19[min] W.
    (d) General regulations. The following regulations contained in 
paragraphs (d)(1) through (d)(3) of this section apply to power driven 
vessels of 1600 or more gross tons, a towing vessel of 8 meters 
(approximately 26 feet) or over in length engaged in towing, or vessels 
of 100 gross tons and upward carrying one or more passengers for hire.

[[Page 787]]

    (1) A vessel shall not exceed a speed of 12 knots through the water 
within the RNA.
    (2) A vessel navigating within the RNA, shall have its engine(s) 
ready for immediate maneuver and shall operate its engine(s) in a 
control mode and on fuel that will allow for an immediate response to 
any engine order, ahead or astern, including stopping its engine(s) for 
an extended period of time.
    (3) A vessel navigating within the RNA shall maintain a minimum 
separation from other vessels of at least 0.25 nm.
    (e) Specific regulations--(1) Los Angeles Pilot Area. (i) No vessel 
may enter the Los Angeles Pilot Area unless it is entering or departing 
Los Angeles Harbor entrance (Angels Gate).
    (ii) Vessels entering the Los Angeles Pilot Area shall pass directly 
through without stopping or loitering except as necessary to embark or 
disembark a pilot.
    (2) Long Beach Pilot Area. (i) No vessel may enter the Long Beach 
Pilot Area unless it is entering or departing Long Beach Harbor entrance 
(Queens Gate).
    (ii) Vessels entering the Long Beach Pilot Area shall pass directly 
through without stopping or loitering except as necessary to embark or 
disembark a pilot.
    (iii) Every vessel shall leave Long Beach Approach Lighted Whistle 
Buoy ``LB'' to port when entering and departing Long Beach Channel and 
departing vessels shall pass across the southern boundary of the Long 
Beach Pilot Area.
    (3) Los Angeles and Long Beach Deep Water Traffic Lanes. When a 
vessel of 50 foot draft or greater is using the Los Angeles or Long 
Beach Deep Water Traffic Lane no other vessel shall enter the Deep Water 
Traffic Lane if it will result in a meeting, crossing or overtaking 
situation.
    (4) Los Angeles Deep Water Pilot Area. When a vessel of 50 foot 
draft or greater is embarking or disembarking a pilot in the Los Angeles 
Deep Water Pilot Area no other vessel shall enter the Deep Water Pilot 
Area.
    (5) Vessels described in paragraph (d) of this section may not enter 
the waters between Commercial Anchorage G and the Middle Breakwater as 
defined by an area enclosed by the line beginning at Los Angeles Main 
Channel Entrance Light 2 (33[deg]42.70[min] N, 118[deg]14.70[min] W), 
thence east along the Middle Breakwater to Long Beach Light 
(33[deg]43.40[min] N, 118[deg]11.20[min] W), thence south to 
(33[deg]43.08[min] N, 118[deg]11.26[min] W), thence westerly to 
(33[deg]43.08[min] N, 118[deg]12.26[min] W), thence southwesterly 
parallel to the breakwater to (33[deg]42.43[min] N, 118[deg]14.30[min] 
W), thence to the point of origin, unless such vessel is:
    (i) In an emergency;
    (ii) Proceeding to anchor in or departing Commercial Anchorage G;
    (iii) Standing by with confirmed pilot boarding arrangements; or,
    (iv) Engaged in towing vessels to or from Commercial Anchorage G, or 
to or from the waters between Commercial Anchorage G and the Middle 
Breakwater.

[CGD11-00-007, 65 FR 62294, Oct. 18, 2000. Redesignated by USCG-2001-
9286, 66 FR 33642, June 25, 2001]



Sec. 165.1154  Security Zones; Cruise Ships, San Pedro Bay, California.

    (a) Definition. ``Cruise ship'' as used in this section means a 
passenger vessel, except for a ferry, over 100 feet in length, 
authorized to carry more than 12 passengers for hire; making voyages 
lasting more than 24 hours, any part of which is on the high seas; and 
for which passengers are embarked or disembarked in the Port of Los 
Angeles or Port of Long Beach.
    (b) Location. The following areas are security zones:
    (1) All waters, extending from the surface to the sea floor, within 
a 100 yard radius around any cruise ship that is anchored at a 
designated anchorage either inside the Federal breakwaters bounding San 
Pedro Bay or outside at designated anchorages within 3 nautical miles of 
the Federal breakwaters;
    (2) The shore area and all waters, extending from the surface to the 
sea floor, within a 100 yard radius around any cruise ship that is 
moored, or is in the process of mooring, at any berth within the Los 
Angeles or Long Beach port areas inside the Federal breakwaters bounding 
San Pedro Bay; and
    (3) All waters, extending from the surface to the sea floor, within 
200 yards ahead, and 100 yards on each side

[[Page 788]]

and astern of a cruise ship that is underway either on the waters inside 
the Federal breakwaters bounding San Pedro Bay or on the waters within 3 
nautical miles seaward of the Federal breakwaters.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec. 165.33 of this part, entry into or remaining in these zones is 
prohibited unless authorized by the Coast Guard Captain of the Port, Los 
Angeles-Long Beach, or his designated representative.
    (2) Persons desiring to transit the area of the security zone may 
contact the Captain of the Port at telephone number 1-800-221-USCG 
(8724) or on VHF-FM channel 16 (156.8 MHz) to seek permission to transit 
the area. If permission is granted, all persons and vessels must comply 
with the instructions of the Captain of the Port or his or her 
designated representative.
    (3) When a cruise ship approaches within 100 yards of a vessel that 
is moored, or anchored, the stationary vessel must stay moored or 
anchored while it remains within the cruise ship's security zone unless 
it is either ordered by, or given permission from, the COTP Los Angeles-
Long Beach to do otherwise.
    (d) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the 
authority for this section includes 33 U.S.C. 1226.
    (e) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the security zone by the Los Angeles Port Police and 
the Long Beach Police Department.

[COTP Los Angeles-Long Beach 02-004, 67 FR 72563, Dec. 6, 2002]



Sec. 165.1155  Security Zone; Diablo Canyon Nuclear Power Plant, Avila Beach, 

California.

    (a) Location. The following area is a security zone: all waters of 
the Pacific Ocean, from surface to bottom, within a 2,000 yard radius of 
Diablo Canyon Nuclear Power Plant centered at position 
35[deg]12[min]23[sec] N, 120[deg]51[min]23[sec] W. [Datum: NAD 83].
    (b) Regulations. (1) In accordance with the general regulations in 
Sec. 165.33 of this part, entry into or remaining in this zone is 
prohibited unless authorized by the Coast Guard Captain of the Port, Los 
Angeles-Long Beach, or his or her designated representative.
    (2) Persons desiring to transit the area of the security zone may 
contact the Captain of the Port at telephone number 1-800-221-8724 or on 
VHF-FM channel 16 (156.8 MHz). If permission is granted, all persons and 
vessels must comply with the instructions of the Captain of the Port or 
his or her designated representative.
    (c) Authority. In addition to 33 U.S.C. 1231, the authority for this 
section includes 33 U.S.C. 1226.

[COTP Los Angeles-Long Beach 02-006, 67 FR 77430, Dec. 18, 2002]



Sec. 165.1156  Safety Zone; Offshore Marine Terminal, El Segundo, CA.

    (a) Location. The following area is a safety zone: All waters of 
Santa Monica Bay, from surface to bottom, enclosed by a line beginning 
at latitude 33[deg]54[min]59[sec] N, longitude 118[deg]26[min]50[sec] W; 
then to latitude 33[deg]54[min]59[sec] N, longitude 
118[deg]27[min]34[sec] W; then to latitude 33[deg]54[min]00[sec] N, 
longitude 118[deg]27[min]34[sec] W; then to latitude 
33[deg]54[min]00[sec] N, longitude 118[deg]26[min]50[sec] W; then to the 
point of beginning (NAD 1983).
    (b) Regulations. (1) In accordance with the general regulations in 
Sec. 165.23 of this part, entry into or movement within this zone is 
prohibited except for:
    (i) Commercial vessels authorized to use the offshore marine 
terminal for loading or unloading;
    (ii) Commercial tugs, lighters, barges, launches, or other vessels 
authorized to engage in servicing the offshore marine terminal or 
vessels therein;
    (iii) Public vessels of the United States.
    (2) Persons desiring to transit the area of the safety zone may 
contact the Captain of the Port at telephone number 1-800-221-8724 or on 
VHF-FM channel 16 (156.8 MHz). If permission is granted, all persons and 
vessels must comply with the instructions of the Captain of the Port or 
his or her designated representative.
    (3) Nothing in this section shall be construed as relieving the 
owner or person in charge of any vessel from complying with the 
Navigation Rules

[[Page 789]]

as defined in 33 CFR chapter I, subchapters D and E and safe navigation 
practice.

[COTP Los Angeles-Long Beach 03-002, 70 FR 30640, May 27, 2005]



Sec. 165.1171  Copper Canyon, Lake Havasu, Colorado River--Regulated 

Navigation Area.

    (a) Location. The following is a regulated navigation area:
    (1) In the water area of Copper Canyon, Lake Havasu, Colorado River, 
beginning at the approximate center of the mouth of Copper Canyon and 
drawing a line down the approximate center of the canyon extending 
shoreward to the end of the navigable waters of the canyon, and 
comprising a semi-rectangular area extending 30 feet on each side of the 
line, for a total semi-rectangular width of 60 feet.
    (2) This line is more precisely described as: beginning at latitude 
34[deg]25[min]67.6[sec] N, longitude 114[deg]18[min]38.5[sec] W, thence 
southwesterly to latitude 34[deg]25[min]64[sec] N, longitude 
114[deg]18[min]45.7[sec] W, thence northwesterly to latitude 
34[deg]25[min]65.6[sec] N, longitude 114[deg]18[min]46.7[sec] W, thence 
southeasterly to latitude 34[deg]25[min]60.7[sec] N, longitude 
114[deg]18[min]42.7[sec] W, thence southwesterly to longitude 
34[deg]25[min]51.4[sec] N, latitude 114[deg]18[min]46.2[sec] W, thence 
southeasterly to latitude 34[deg]25[min]47.1[sec] N, longitude 
114[deg]18[min]49.4[sec] W, thence to the end of the navigable waters of 
the canyon.
    (b) Definitions. For the purposes of this section:
    (1) Vessel: Every description of watercraft, used or capable of 
being used as a means of transportation on the water, and regardless of 
mode of power.
    (2) Patrol Vessel: Vessels designated by the Captain of the Port, 
San Diego, to enforce or assist in enforcing these regulations, 
including Coast Guard, Coast Guard Auxiliary, and San Bernardino County 
Sheriff's Department Vessels.
    (c) Regulations. (1) Vessels, with the exception of patrol vessels, 
shall not anchor, moor, loiter in, or otherwise impede the transit of 
any other vessel within the regulated navigation area. Furthermore, all 
vessels, with the exception of patrol vessels, shall expeditiously and 
continuously transit the regulated navigation area via the most direct 
route consistent with navigational safety.
    (2) During periods of vessels congestion within the Copper Canyon 
area, as determined by the Captain of the Port or his or her designated 
on-scene representative, the regulated navigation area will be closed to 
all vessels, with the exception of patrol vessels. During designated 
closure periods, no vessel may enter, remain in, or transit through the 
regulated navigation area, with the exception of patrol vessels. 
Designation of periods of vessel congestion and announcement of the 
closure of the regulated navigation area will be conducted by broadcast 
notices to mariners on VHF-FM Channel 16 no less frequently than every 
hour for the duration of the closure period.
    (3) Each person in the regulated navigation area shall comply with 
the directions of the Captain of the Port or his or her designated on-
scene representative regarding vessel operation.

[CGD11-97-010, 63 FR 38308, July 16, 1998. Redesignated by USCG-2001-
9286, 66 FR 33642, June 25, 2001]



Sec. 165.1181  San Francisco Bay Region, California--regulated navigation 

area.

    (a) Applicability. This section applies to all vessels unless 
otherwise specified.
    (b) Deviations. The Captain of the Port, San Francisco Bay, or the 
Commanding Officer, Vessel Traffic Service San Francisco, as a 
representative of the Captain of the Port, may authorize a deviation 
from the requirements of this regulation when it is deemed necessary in 
the interests of safety.
    (c) Regulated Navigation Areas--(1) San Francisco Bay RNA. (i) The 
following is a regulated navigation area--The waters bounded by a line 
connecting the following coordinates, beginning at:

37[deg]47[min]18[sec] N, 122[deg]30[min]22[sec] W; thence to 
37[deg]48[min]55[sec] N, 122[deg]31[min]41[sec] W; thence along the 
shoreline to 37[deg]50[min]38[sec] N, 122[deg]28[min]37[sec] W; thence 
to 37[deg]50[min]59[sec] N, 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;

[[Page 790]]

thence along the shoreline to the point of beginning.

                              Datum: NAD 83

    (ii) The San Francisco Bay RNA consists of the following defined 
sub-areas:
    (A) Golden Gate Traffic Lanes--(1) Westbound traffic lane: Bounded 
by the Golden Gate precautionary area and the COLREGS Demarcation Line 
(33 CFR 80.1142), between the separation zone and a line connecting the 
following coordinates:

37[deg]48[min]30[sec] N, 122[deg]31[min]22[sec] W; thence to 
37[deg]49[min]03[sec] N, 122[deg]29[min]52[sec] W.

                              Datum: NAD 83

    (2) Eastbound traffic lane. Bounded by the COLREGS Demarcation Line 
(33 CFR 80.1142) and the Golden Gate precautionary area, between the 
separation zone and a line connecting the following coordinates:

37[deg]47[min]50[sec] N, 122[deg]30[min]48[sec] W; thence to 
37[deg]48[min]30[sec] N, 122[deg]29[min]29[sec] W.

                              Datum: NAD 83

    (3) Golden Gate Separation Zone: The area 75 yards each side of a 
line connecting the following coordinates:

37[deg]48[min]08[sec] N, 122[deg]31[min]05[sec] W; thence to 
37[deg]48[min]46[sec] N, 122[deg]29[min]40[sec] W.

                              Datum: NAD 83

    (B) Golden Gate Precautionary Area: An area bounded by a line 
connecting the following coordinates beginning at:

37[deg]48[min]30[sec] N, 122[deg]29[min]29[sec] W; thence to 
37[deg]48[min]52[sec] N, 122[deg]28[min]41[sec] W; thence to 
37[deg]48[min]52[sec] N, 122[deg]27[min]49[sec] W; thence to 
37[deg]49[min]36[sec] N, 122[deg]27[min]46[sec] W; thence to 
37[deg]49[min]55[sec] N, 122[deg]28[min]09[sec] W; thence to 
37[deg]49[min]28[sec] N, 122[deg]28[min]45[sec] W; thence to 
37[deg]49[min]03[sec] N, 122[deg]29[min]52[sec] W; thence returning to 
the point of beginning.

                              Datum: NAD 83

    (C) Central Bay Traffic Lanes--(1) Westbound traffic lane: Bounded 
by the Central Bay precautionary area and the Golden Gate precautionary 
area, between the Central Bay and the Deep Water Traffic Lane separation 
zones.
    (2) Eastbound traffic lane: Bounded by the Golden Gate precautionary 
area and the Central Bay precautionary area, between the Central Bay 
Separation Zone and a line connecting the following coordinates, 
beginning at:

37[deg]48[min]41[sec] N, 122[deg]25[min]17[sec] W; thence to 
37[deg]48[min]50[sec] N, 122[deg]26[min]14[sec] W; thence to 
37[deg]48[min]52[sec] N, 122[deg]27[min]49[sec] W.

                              Datum: NAD 83

    (3) Deep Water (two-way) Traffic Lane: Bounded by the Central Bay 
precautionary area and the Golden Gate precautionary area, between the 
Deep Water Traffic Lane separation zone and a line connecting the 
following coordinates, beginning at:

37[deg]49[min]55[sec] N, 122[deg]28[min]09[sec] W; thence to 
37[deg]50[min]36[sec] N, 122[deg]27[min]12[sec] W; thence to 
37[deg]50[min]47[sec] N, 122[deg]26[min]26[sec] W.

                              Datum: NAD 83

    (D) Central Bay Separation Zone: The area 75 yards each side of a 
line connecting the following coordinates, beginning at:

37[deg]49[min]17[sec] N, 122[deg]27[min]47[sec] W; thence to 
37[deg]49[min]35[sec] N, 122[deg]25[min]25[sec] W.

                              Datum: NAD 83

    (E) Deep Water Traffic Lane Separation Zone: The area 75 yards each 
side of a line connecting the following coordinates, beginning at:

37[deg]49[min]36[sec] N, 122[deg]27[min]46[sec] W; thence to 
37[deg]50[min]22[sec] N, 122[deg]26[min]49[sec] W; thence to 
37[deg]50[min]25[sec] N, 122[deg]26[min]22[sec] W.

                              Datum: NAD 83

    (F) Central Bay Precautionary Area: An area bounded by a line 
connecting the following coordinates, beginning at:

37[deg]48[min]41[sec] N, 122[deg]25[min]17[sec] W; thence to 
37[deg]49[min]32[sec] N, 122[deg]25[min]13[sec] W; thence to 
37[deg]50[min]25[sec] N, 122[deg]26[min]22[sec] W; thence to 
37[deg]50[min]47[sec] N, 122[deg]26[min]26[sec] W; thence to 
37[deg]51[min]04[sec] N, 122[deg]24[min]58[sec] W; thence to 
37[deg]51[min]53[sec] N, 122[deg]24[min]58[sec] W; thence to 
37[deg]51[min]53[sec] N, 122[deg]24[min]00[sec] W; thence to 
37[deg]51[min]40[sec] N, 122[deg]23[min]48[sec] W; thence to 
37[deg]49[min]22[sec] N, 122[deg]23[min]48[sec] W; thence to 
37[deg]48[min]20[sec] N, 122[deg]22[min]12[sec] W; thence 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 regulated navigation 
area--The waters bounded by a line connecting the following coordinates, 
beginning at:

37[deg]51[min]53[sec] N, 122[deg]24[min]58[sec] W; thence to 
37[deg]54[min]15[sec] N, 122[deg]27[min]27[sec] W; thence to 
37[deg]56[min]06[sec] N, 122[deg]26[min]49[sec] W; thence to 
37[deg]56[min]06[sec] N, 122[deg]26[min]34[sec] W; thence to 
37[deg]54[min]48[sec] N, 122[deg]26[min]42[sec] W; thence to 
37[deg]54[min]02[sec] N,

[[Page 791]]

122[deg]26[min]10[sec] W; thence to 37[deg]51[min]53[sec] N, 
122[deg]24[min]00[sec] W; thence to returning to the point of beginning.

                              Datum: NAD 83

    (3) San Pablo Strait Channel RNA. The following is a regulated 
navigation area--The waters bounded by a line connecting the following 
coordinates, beginning at:

37[deg]56[min]06[sec] N, 122[deg]26[min]49[sec] W; thence to 
37[deg]57[min]26[sec] N, 122[deg]27[min]21[sec] W; thence to 
38[deg]00[min]48[sec] N, 122[deg]24[min]45[sec] W; thence to 
38[deg]01[min]54[sec] N, 122[deg]22[min]24[sec] W; thence to 
38[deg]01[min]44[sec] N, 122[deg]22[min]18[sec] W; thence to 
37[deg]57[min]37[sec] N, 122[deg]26[min]23[sec] W; thence to 
37[deg]56[min]06[sec] N, 122[deg]26[min]34[sec] W; thence returning to 
the point of beginning.

                              Datum: NAD 83

    (4) Pinole Shoal Channel RNA. The following is a regulated 
navigation area--The waters bounded by a line connecting the following 
coordinates, beginning at:

38[deg]01[min]54[sec] N, 122[deg]22[min]25[sec] W; thence to 
38[deg]03[min]13[sec] N, 122[deg]19[min]50[sec] W; thence to 
38[deg]03[min]23[sec] N, 122[deg]18[min]31[sec] W; thence to 
38[deg]03[min]13[sec] N, 122[deg]18[min]29[sec] W; thence to 
38[deg]03[min]05[sec] N, 122[deg]19[min]28[sec] W; thence to 
38[deg]01[min]44[sec] N, 122[deg]22[min]18[sec] W; thence returning to 
the point of beginning.

                              Datum: NAD 83

    (5) Benicia-Martinez Railroad Drawbridge Regulated Navigation Area 
(RNA): The following is a regulated navigation area--The waters bounded 
by the following longitude lines:
    (i) 122[deg]13[min]31[sec] W (coinciding with the charted location 
of the Carquinez Bridge)
    (ii) 121[deg]53[min]17[sec] W (coinciding with the charted location 
of New York Point)
    Datum: NAD 83
    (6) Southampton Shoal Channel/Richmond Harbor RNA: The following, 
consisting of two distinct areas, is a regulated navigation area--
    (i) The waters bounded by a line connecting the following 
coordinates, beginning at:

37[deg]54[min]17[sec] N, 122[deg]22[min]00[sec] W; thence to 
37[deg]54[min]08[sec] N, 122[deg]22[min]00[sec] W; thence to 
37[deg]54[min]15[sec] N, 122[deg]23[min]12[sec] W; thence to 
37[deg]54[min]30[sec] N, 122[deg]23[min]09[sec] W; thence along the 
shoreline to the point of beginning.

                              Datum: NAD 83

    (ii) The waters bounded by a line connecting the following 
coordinates, beginning at:

37[deg]54[min]28[sec] N, 122[deg]23[min]36[sec] W; thence to
37[deg]54[min]20[sec] N, 122[deg]23[min]38[sec] W; thence to
37[deg]54[min]23[sec] N, 122[deg]24[min]02[sec] W; thence to
37[deg]54[min]57[sec] N, 122[deg]24[min]51[sec] W; thence to
37[deg]55[min]05[sec] N, 122[deg]25[min]02[sec] W; thence to
37[deg]54[min]57[sec] N, 122[deg]25[min]22[sec] W; thence to
37[deg]53[min]26[sec] N, 122[deg]25[min]03[sec] W; thence to
37[deg]53[min]24[sec] N, 122[deg]25[min]13[sec] W; thence to
37[deg]55[min]30[sec] N, 122[deg]25[min]35[sec] W; thence to
37[deg]55[min]40[sec] N, 122[deg]25[min]10[sec] W; thence to
37[deg]54[min]54[sec] N, 122[deg]24[min]30[sec] W; thence to
37[deg]54[min]30[sec] N, 122[deg]24[min]00[sec] W; thence returning to 
the point of beginning.

                              Datum: NAD 83

    (7) Oakland Harbor RNA: The following is a regulated navigation 
area--The waters bounded by a line connecting the following coordinates, 
beginning at:

37[deg]48[min]40[sec] N, 122[deg]19[min]58[sec] W; thence to
37[deg]48[min]50[sec] N, 122[deg]20[min]02[sec] W; thence to
37[deg]48[min]29[sec] N, 122[deg]20[min]39[sec] W; thence to
37[deg]48[min]13[sec] N, 122[deg]21[min]26[sec] W; thence to
37[deg]48[min]10[sec] N, 122[deg]21[min]39[sec] W; thence to
37[deg]48[min]20[sec] N, 122[deg]22[min]12[sec] W; thence to
37[deg]47[min]36[sec] N, 122[deg]21[min]50[sec] W; thence to
37[deg]47[min]52[sec] N, 122[deg]21[min]40[sec] W; thence to
37[deg]48[min]03[sec] N, 122[deg]21[min]00[sec] W; thence to
37[deg]47[min]48[sec] N, 122[deg]19[min]46[sec] W; thence to
37[deg]47[min]55[sec] N, 122[deg]19[min]43[sec] W; thence returning 
along the shoreline to the point of the beginning.

                              Datum: NAD 83

    (d) General regulations. (1) A power-driven vessel of 1600 or more 
gross tons, or a tug with a tow of 1600 or more gross tons, navigating 
within the RNAs defined in paragraph (c) of this section, shall not 
exceed a speed of 15 knots through the water.
    (2) A power-driven vessel of 1600 or more gross tons, or a tug with 
a tow of 1600 or more gross tons, navigating within the RNAs defined in 
paragraph (c) of this section, shall have its engine(s) ready for 
immediate maneuver and shall operate its engine(s) in a control mode and 
on fuel that will allow for an immediate response to any engine order, 
ahead or astern, including stopping its engine(s) for an extended period 
of time.
    (3) The master, pilot or person directing the movement of a vessel 
within the RNAs defined in paragraph (c) of this regulation shall comply 
with Rule 9 of the Inland Navigation Rules (INRs) (33 U.S.C. 2009) in 
conjunction with the provisions of the associated INRs.

[[Page 792]]

    (e) Specific Regulations--(1) San Francisco Bay RNA: (i) A vessel 
shall navigate with particular caution in a precautionary area, or in 
areas near the terminations of traffic lanes or channels, as described 
in this regulation.
    (ii) A power-driven vessel of 1600 or more gross tons, or a tug with 
a tow of 1600 or more gross tons, shall:
    (A) Use the appropriate traffic lane and proceed in the general 
direction of traffic flow for that lane;
    (B) Use the Central Bay Deep Water Traffic Lane if eastbound with a 
draft of 45 feet or greater or westbound with a draft of 28 feet or 
greater;
    (C) Not enter the Central Bay Deep Water Traffic Lane when another 
power-driven vessel of 1600 or more gross tons or tug with a tow of 1600 
or more gross tons is navigating therein when either vessel is:
    (1) Carrying certain dangerous cargoes (as denoted in section 
160.203 of this subchapter);
    (2) Carrying bulk petroleum products; or
    (3) A tank vessel in ballast if such entry would result in meeting, 
crossing, or overtaking the other vessel.
    (D) Normally join or leave a traffic lane at the termination of the 
lane, but when joining or leaving from either side, shall do so at as 
small an angle to the general direction of traffic flow as practicable;
    (E) So far as practicable keep clear of the Central Bay Separation 
Zone and the Deep Water Traffic Lane Separation Zone;
    (F) Not cross a traffic lane separation zone unless crossing, 
joining, or leaving a traffic lane.
    (2) Pinole Shoal Channel RNA: (i) A vessel less than 1600 gross tons 
or a tug with a tow of less than 1600 gross tons is not permitted within 
this RNA.
    (ii) A power-driven vessel of 1600 or more gross tons or a tug with 
a tow of 1600 or more gross tons shall not enter Pinole Shoal Channel 
RNA when another power-driven vessel of 1600 or more gross tons or tug 
with a tow of 1600 or more gross tons is navigating therein if such 
entry would result in meeting, crossing, or overtaking the other vessel, 
when either vessel is:
    (A) Carrying certain dangerous cargoes (as denoted in Sec. 160.203 
of this subchapter);
    (B) Carrying bulk petroleum products; or
    (C) A tank vessel in ballast.
    (iii) Vessels permitted to use this channel shall proceed at a 
reasonable speed so as not to endanger other vessels or interfere with 
any work which may become necessary in maintaining, surveying, or 
buoying the channel, and they shall not anchor in the channel except in 
case of a deviation authorized under paragraph (b) of this section.
    (iv) This paragraph shall not be construed as prohibiting any 
necessary use of the channel by any public vessels while engaged in 
official duties, or in emergencies by pilot boats.
    (3) Benicia-Martinez Railroad Drawbridge Regulated Navigation Area 
(RNA)--(i) Eastbound vessels: (A) The master, pilot, or person directing 
the movement of a power-driven vessel of 1600 or more gross tons or a 
tug with a tow of 1600 or more gross tons traveling eastbound and 
intending to transit under the lift span (centered at coordinates 
38[deg]02[min]18[sec] N, 122[deg]07[min]17[sec] W) of the railroad 
bridge across Carquinez Strait at mile 7.0 shall, immediately after 
entering the RNA, determine whether the visibility around the lift span 
is \1/2\ nautical mile or greater.
    (B) If the visibility is less than \1/2\ nautical mile, or 
subsequently becomes less than \1/2\ nautical mile, the vessel shall not 
transit under the lift span.
    (ii) Westbound vessels: (A) The master, pilot, or person directing 
the movement of a power-driven vessel of 1600 or more gross tons or a 
tug with a tow of 1600 or more gross tons traveling westbound and 
intending to transit under the lift span (centered at coordinates 
38[deg]02[min]18[sec] N, 122[deg]07[min]17[sec] W) of the railroad 
bridge across Carquinez Strait at mile 7.0 shall, immediately after 
entering the RNA determine whether the visibility around the lift span 
is \1/2\ nautical mile or greater.
    (B) If the visibility is less than \1/2\ nautical mile, the vessel 
shall not pass beyond longitude line 121[deg]55[min]19[sec] W 
(coinciding with the charted position of the westernmost end of Mallard 
Island) until the visibility improves to greater

[[Page 793]]

than \1/2\ nautical mile around the lift span.
    (C) If after entering the RNA visibility around the lift span 
subsequently becomes less than \1/2\ nautical mile, the master, pilot, 
or person directing the movement of the vessel either shall not transit 
under the lift span or shall request a deviation from the requirements 
of the RNA as prescribed in paragraph (b) of this section.
    (D) Vessels that are moored or anchored within the RNA with the 
intent to transit under the lift span shall remain moored or anchored 
until visibility around the lift span becomes greater than \1/2\ 
nautical mile.
    (4) Southampton Shoal/Richmond Harbor RNA: A power-driven vessel of 
1600 or more gross tons, or a tug with a tow of 1600 or more gross tons, 
shall not enter Southampton Shoal/Richmond Harbor RNA when another 
power-driven vessel of 1600 or more gross tons, or a tug with a tow of 
1600 or more gross tons, is navigating therein, if such entry would 
result in meeting, crossing, or overtaking the other vessel.
    (5) Oakland Harbor RNA: A power-driven vessel of 1600 or more gross 
tons or a tug with a tow of 1600 or more gross tons shall not enter the 
Oakland Harbor RNA when another power-driven vessel of 1600 or more 
gross tons, or a tug with a tow of 1600 or more gross tons, is 
navigating therein, if such entry would result in meeting, crossing, or 
overtaking the other vessel.

[CGD11-94-007, 60 FR 16796, Apr. 3, 1995; 60 FR 30157, June 7, 1995. 
Redesignated by USCG-2001-9286, 66 FR 33642, June 25, 2001, as amended 
by USCG-2003-15404, 68 FR 37741, June 25, 2003; CGD11-03-001, 69 FR 
2843, Jan. 21, 2004]



Sec. 165.1182  Safety/Security Zone: San Francisco Bay, San Pablo Bay, 

Carquinez Strait, and Suisun Bay, CA.

    (a) Regulated area. The following area is established as a moving 
safety/security zone:
    (1) All waters 200 yards ahead and astern and 100 yards to each side 
of every vessel transporting nuclear materials on behalf of the United 
States Department of Energy while such vessels transit from a line drawn 
between San Francisco Main Ship Channel buoys 7 and 8 (LLNR 4190 & 4195, 
positions 37[deg]46.9[min] N, 122[deg]35.4[min] W & 37[deg]46.5[min] N, 
122[deg]35.2[min] W, respectively) until safely moored at the Weapons 
Support Facility Seal Beach Detachment Concord on Suisun Bay (position 
38[deg]03.3[min] N, 122[deg]02.5[min] W). All coordinates referenced use 
datum: NAD 1983.
    (2) All waters within 100 yards of such vessels described in 
paragraph (a)(1) of this section while such vessels are conducting cargo 
operations at the Weapons Support Facility Seal Beach Detachment 
Concord.
    (b) Notification. Commander, Eleventh Coast Guard District, will 
cause notice of the activation of this safety/security zone to be made 
by all appropriate means to effect the widest publicity among the 
affected segments of the public, including publication in the Federal 
Register as practicable, in accordance with the provisions of 33 CFR 
165.7(a); such means of announcement may include, but are not limited 
to, Broadcast Notice to Mariners. The Coast Guard will issue a Broadcast 
Notice to Mariners notifying the public when nuclear materials cargo 
handling has been completed.
    (c) Effective Period. The safety/security zone will be effective 
commencing at the time any vessel described in paragraph (a)(1) of this 
section enters the zone described in paragraph (a)(1) of this section 
and will remain in effect until all spent nuclear materials cargo 
handling operations have been completed at Weapons Support Facility Seal 
Beach Detachment Concord.
    (d) Regulations. The general regulations governing safety and 
security zones contained in both 33 CFR 165.23 in 33 CFR 165.33 apply. 
Entry into, transit through, or anchoring within this moving safety/
security zone is prohibited unless authorized by Commander, Eleventh 
Coast Guard District, or his designated representative.

[CGD11-98-005, 63 FR 38754, July 20, 1998. Redesignated by USCG-2001-
9286, 66 FR 33642, June 25, 2001]



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--

[[Page 794]]

    Cruise ship means any vessel over 100 gross register tons, carrying 
more than 12 passengers for hire which makes voyages lasting more than 
24 hours, of which any part is on the high seas. Passengers from cruise 
ships are embarked or disembarked in the U.S. or its territories. Cruise 
ships do not include ferries that hold Coast Guard Certificates of 
Inspection endorsed for ``Lakes, Bays and Sounds'' that transit 
international waters for only short periods of time on frequent 
schedules.
    High Interest Vessel or HIV means any vessel deemed by the Captain 
of the Port, or higher authority, as a vessel requiring protection based 
upon risk assessment analysis of the vessel and is therefore escorted by 
a Coast Guard or other law enforcement vessel with an embarked Coast 
Guard commissioned, warrant, or petty officer.
    Tanker means any self-propelled tank vessel constructed or adapted 
primarily to carry oil or hazardous materials in bulk in the cargo 
spaces.
    (b) Locations. The following areas are security zones:
    (1) San Francisco Bay. All waters, extending from the surface to the 
sea floor, within 100 yards ahead, astern and extending 100 yards along 
either side of any cruise ship, tanker or HIV that is underway, 
anchored, or moored within the San Francisco Bay and Delta port areas 
shoreward of the line drawn between San Francisco Main Ship Channel 
buoys 7 and 8 (LLNR 4190 & 4195, positions 37[deg]46.9[min] N, 
122[deg]35.4[min] W and 37[deg]46.5[min] N, 122[deg]35.2[min] W, 
respectively);
    (2) Monterey Bay. All waters, extending from the surface to the sea 
floor, within 100 yards ahead, astern and extending 100 yards along 
either side of any cruise ship, tanker or HIV that is underway, 
anchored, or moored within the Monterey Bay area shoreward of a line 
drawn between Santa Cruz Light (LLNR 305) to the north in position 
36[deg]57.10[min] N, 122[deg]01.60[min] W, and Cypress Point, Monterey 
to the south, in position 36[deg]34.90[min] N, 121[deg]58.70[min] W.
    (3) Humboldt Bay. All waters, extending from the surface to the sea 
floor, within 100 yards ahead, astern and extending 100 yards along 
either side of any cruise ship, tanker or HIV that is underway, 
anchored, or moored within the Humboldt Bay area shoreward of a 4 
nautical mile radius line drawn to the west of the Humboldt Bay Entrance 
Lighted Whistle Buoy HB (LLNR 8130), in position 40[deg]46.25[min] N, 
124[deg]16.13[min] W.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec. 165.33 of this part, entry into or remaining in this zone is 
prohibited unless authorized by the Coast Guard Captain of the Port, San 
Francisco Bay, or his designated representative.
    (2) Persons desiring to transit the area of the security zone may 
contact the Captain of the Port at telephone number 415-399-3547 or on 
VHF-FM channel 16 (156.8 MHz) to seek permission to transit the area. If 
permission is granted, all persons and vessels must comply with the 
instructions of the Captain of the Port, or his designated 
representative.

[COTP San Francisco Bay 04-003, 70 FR 18307, Apr. 11, 2005]



Sec. 165.1185  Regulated Navigation Area; San Francisco Bay, San Pablo Bay, 

Carquinez Strait, Suisun Bay, Sacramento River, San Joaquin River, and 

connecting waters in California.

    (a) Location. All waters of San Francisco Bay, San Pablo Bay, 
Carquinez Strait, Suisun Bay, Sacramento River, San Joaquin River, and 
connecting waters in California are a Regulated Navigation Area.
    (b) Definitions. ``Liquefied hazardous gas (LHG)'' is a liquid 
containing one or more of the products listed in Table 127.005 of 33 CFR 
127.005 that is carried in bulk on board a tank vessel as a liquefied 
gas product. The hazards normally associated with these products include 
toxic or flammable properties or a combination of both.
    (c) Regulations. All vessels loaded with a cargo of liquefied 
hazardous gas (LHG) within this Regulated Navigation Area must proceed 
directly to their intended cargo reception facility to discharge their 
LHG cargo, unless:
    (1) The vessel is otherwise directed or permitted by the Captain of 
the Port. The Captain of the Port can be reached at telephone number 
(415) 399-3547 or on VHF-FM channel 16 (156.8 MHz). If permission is 
granted, all persons and vessels must comply with the instructions

[[Page 795]]

of the Captain of the Port or his or her designated representative.
    (2) The vessel is in an emergency situation and unable to proceed as 
directed in paragraph (a) of this section without endangering the safety 
of persons, property, or the environment.

[CGD11 04-001, 69 FR 30206, May 27, 2004]



Sec. 165.1187  Security Zones; Golden Gate Bridge and the San Francisco-

Oakland Bay Bridge, San Francisco Bay, California.

    (a) Location. All waters extending from the surface to the sea 
floor, within 25 yards of all piers, abutments, fenders and pilings of 
the Golden Gate Bridge and the San Francisco-Oakland Bay Bridge, in San 
Francisco Bay, California.
    (b) Regulations. (1) In accordance with the general regulations in 
Sec. 165.33 of this part, entry into these security zones is 
prohibited, unless doing so is necessary for safe navigation, to conduct 
official business such as scheduled maintenance or retrofit operations, 
or unless specifically authorized by the Captain of the Port San 
Francisco Bay or his designated representative.
    (2) Persons desiring to transit the area of the security zone may 
contact the Captain of the Port at telephone number 415-399-3547 or on 
VHF-FM channel 16 (156.8 MHz) to seek permission to transit the area. If 
permission is granted, all persons and vessels must comply with the 
instructions of the Captain of the Port or his or her designated 
representative.
    (c) Enforcement. All persons and vessels shall comply with the 
instructions of the Coast Guard Captain of the Port or the designated 
on-scene patrol personnel. Patrol personnel comprise commissioned, 
warrant, and petty officers of the Coast Guard onboard Coast Guard, 
Coast Guard Auxiliary, local, state, and federal law enforcement 
vessels. Upon being hailed by U.S. Coast Guard patrol personnel by 
siren, radio, flashing light, or other means, the operator of a vessel 
shall proceed as directed.

[COTP San Francisco Bay 03-029, 69 FR 11316, Mar. 10, 2004]



Sec. 165.1190  Security Zone; San Francisco Bay, Oakland Estuary, Alameda, CA.

    (a) Location. The following area is a security zone: All navigable 
waters of the Oakland Estuary, California, from the surface to the sea 
floor, approximately 50 yards into the Oakland Estuary surrounding the 
Coast Guard Island Pier. The perimeter of the security zone follows the 
same perimeter as the floating security barrier installed around the 
Coast Guard Island pier. The perimeter of the security barrier is 
located along the following coordinates: commencing at a point on land 
approximately 50 yards northwest of the northwestern end of the Coast 
Guard Island Pier at latitude 37[deg]46[min]53.60[sec] N and longitude 
122[deg]15[min]06.10[sec] W; thence to the edge of the navigable channel 
at latitude 37[deg]46[min]51.83[sec] N and longitude 
122[deg]15[min]07.47[sec] W; thence to a position approximately 10 yards 
into the charted navigation channel at latitude 37[deg]46[min]51.27[sec] 
N and longitude 122[deg]15[min]07.22[sec] W; thence closely paralleling 
the edge of the charted navigation channel to latitude 
37[deg]46[min]46.75[sec] N and longitude 122[deg]15[min]00.21[sec] W; 
thence closely paralleling the edge of the charted navigation channel to 
a point approximately 20 yards into the 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 on land approximately 50 
yards southeast of the southeastern end of the Coast Guard Island Pier 
at latitude 37[deg]46[min]44.80[sec] N and longitude 
122[deg]14[min]48.80[sec] W; thence northwest along the shoreline back 
to the beginning point.
    (b) Regulations. (1) Under Sec. 165.33, entry into or remaining in 
this zone is prohibited unless authorized by the Coast Guard Captain of 
the Port, San Francisco Bay, or his designated representative.
    (2) Persons desiring to transit the area of the security zone may 
contact the Captain of the Port at telephone number 415-399-3547 or on 
VHF-FM channel 16 (156.8 MHz) to seek permission to transit the area. If 
permission is granted, all persons and vessels must comply with the 
instructions of the Captain of the Port or his designated 
representative.

[[Page 796]]

    (c) Enforcement. The Captain of the Port will enforce this security 
zone and may be assisted in the patrol and enforcement of this security 
zone by any Federal, State, county, municipal, or private 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 events listed in 
Table 1 of this section. Further information on exact dates, times, and 
other details concerning the exact geographical description of the areas 
are published by the Eleventh Coast Guard District in the Local Notice 
to Mariners prior to each event.
    (b) Regulations. ``Official Patrol Vessels'' consist of any Coast 
Guard, other Federal, state or local law enforcement, and any public or 
sponsor-provided vessels assigned or approved by Commander, Coast Guard 
Sector San Francisco, to patrol each event.
    (1) In accordance with the general regulations in Sec. 165.23 of 
this part, entering into, transiting through, or anchoring within these 
zones is prohibited, unless authorized by the Patrol Commander.
    (2) Each person in a safety zone who receives notice of a lawful 
order or direction issued by an official patrol vessel shall obey the 
order or direction.
    (3) The Patrol Commander (PATCOM) is empowered to forbid and control 
the movement of all vessels in the regulated area. The Patrol Commander 
shall be designated by the Commander, Coast Guard Sector San Francisco; 
will be a U.S. Coast Guard commissioned officer, warrant officer or 
petty officer to act as the Sector Commander's official representative; 
and will be located aboard the lead official patrol vessel.
    (4) The Patrol Commander may, upon request, allow the transit of 
commercial vessels through regulated areas when it is safe to do so.

                       Table 1 to Sec.  165.1191
              [All coordinates referenced use datum NAD 83]
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                KFOG KaBoom
Sponsor...................................  KFOG Radio, San Francisco.
Event Description.........................  Fireworks display.
Date......................................  Last Saturday in May.
Location..................................  1,000 feet off Pier 30/32.
Regulated Area............................  That area of navigable
                                             waters within a 1,000 foot
                                             radius of the launch
                                             platform.
------------------------------------------------------------------------
               Fourth of July Fireworks, City of Monterey
------------------------------------------------------------------------
Sponsor...................................  City of Monterey, Recreation
                                             & Community Services
                                             Department.
Event Description.........................  Fireworks Display.
Date......................................  July 4th.
Location..................................  Monterey Bay, East of
                                             Municipal Wharf 2.
Regulated Area............................  That area of navigable
                                             waters within a 1,000 foot
                                             radius of the launch
                                             platform.
------------------------------------------------------------------------
               Fourth of July Fireworks, City of Sausalito
------------------------------------------------------------------------
Sponsor...................................  City of Sausalito.
Event Description.........................  Fireworks Display.
Date......................................  July 4th.
Location..................................  1,000 feet off-shore from
                                             Sausalito waterfront, North
                                             of Spinnaker Rest.
Regulated Area............................  That area of navigable
                                             waters within a 1,000 foot
                                             radius of the launch
                                             platform.
------------------------------------------------------------------------
                  Fourth of July Fireworks, Lake Tahoe
------------------------------------------------------------------------
Sponsor...................................  Anchor Trust.
Event Description.........................  Fireworks Display.
Date......................................  July 4th.
Location..................................  1,000 feet off Incline
                                             Village, Nevada in Crystal
                                             Bay.

[[Page 797]]

 
Regulated Area............................  That area of navigable
                                             waters within a 1,000 foot
                                             radius of the launch
                                             platform.
------------------------------------------------------------------------
       Fourth of July Fireworks, South Lake Tahoe Gaming Alliance
------------------------------------------------------------------------
Sponsor...................................  Harrah's Lake Tahoe.
Event Description.........................  Fireworks Display.
Date......................................  July 4th.
Location..................................  Off South Lake Tahoe,
                                             California near Nevada
                                             border.
Regulated Area............................  That area of navigable
                                             waters within a 1,000 foot
                                             radius of the launch
                                             platform.
------------------------------------------------------------------------
                       Independence Day Fireworks
------------------------------------------------------------------------
Sponsor...................................  North Tahoe Fire Protection
                                             District.
Event Description.........................  Fireworks Display.
Date......................................  July 4th.
Location..................................  Offshore from Kings Beach
                                             State Beach.
Regulated Area............................  That area of navigable
                                             waters within a 1,000 foot
                                             radius of the launch
                                             platform.
------------------------------------------------------------------------
                       July 4th Fireworks Display
------------------------------------------------------------------------
Sponsor...................................  North Tahoe Fire Protection
                                             District.
Event Description.........................  Fireworks Display.
Date......................................  July 4th.
Location..................................  Offshore of Common Beach,
                                             Tahoe City, CA.
Regulated Area............................  That area of navigable
                                             waters within a 1,000 foot
                                             radius of the launch
                                             platform.
------------------------------------------------------------------------
                San Francisco Chronicle Fireworks Display
------------------------------------------------------------------------
Sponsor...................................  San Francisco Chronicle.
Event Description.........................  Fireworks Display.
Date......................................  July 4th.
Location 1................................  A barge located
                                             approximately 1,000 feet
                                             off of San Francisco Pier
                                             39 at approximately:
                                             37[deg]48[min]49.0[sec] N,
                                             122[deg]24[min]46.5[sec] W.
Regulated Area............................  The area of navigable waters
                                             within a 1,000 foot radius
                                             of the launch platform.
Location 2................................  The end of the San Francisco
                                             Municipal Pier at Aquatic
                                             Park at approximately:
                                             37[deg]48[min]38.5[sec] N,
                                             122[deg]25[min]30.0[sec] W.
Regulated Area............................  The area of navigable waters
                                             within a 1,000 foot radius
                                             of the launch platform.
------------------------------------------------------------------------
                    Vallejo Fourth of July Fireworks
------------------------------------------------------------------------
Sponsor...................................  Vallejo Marina.
Event Description.........................  Fireworks Display.
Date......................................  July 4th.
Location..................................  Mare Island Strait.
Regulated Area............................  That area of navigable
                                             waters within a 1,000 foot
                                             radius of the launch
                                             platform.
------------------------------------------------------------------------


[CGD 11-99-007, 64 FR 39030, July 21, 1999. Redesignated by USCG-2001-
9286, 66 FR 33642, June 25, 2001]

[[Page 798]]



Sec. 165.1192  Security Zones; Waters surrounding San Francisco International 

Airport and Oakland International Airport, San Francisco Bay, California.

    (a) Locations. The following areas are security zones:
    (1) San Francisco International Airport Security Zone. This security 
zone includes all waters extending from the surface to the sea floor 
within approximately 200 yards seaward from the shoreline of the San 
Francisco International Airport and encompasses all waters in San 
Francisco Bay within a line connecting the following geographical 
positions--

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
37[deg]36[min]19[sec] N                     122[deg]22[min]36[sec] W
37[deg]36[min]45[sec] N                     122[deg]122[min]18[sec] W
37[deg]36[min]26[sec] N                     122[deg]21[min]30[sec] W
37[deg]36[min]31[sec] N                     122[deg]21[min]21[sec] W
37[deg]36[min]17[sec] N                     122[deg]20[min]45[sec] W
37[deg]36[min]37[sec] N                     122[deg]20[min]40[sec] W
37[deg]36[min]50[sec] N                     122[deg]21[min]08[sec] W
37[deg]37[min]00[sec] N                     122[deg]21[min]12[sec] W
37[deg]37[min]21[sec] N                     122[deg]21[min]53[sec] W
37[deg]37[min]39[sec] N                     122[deg]21[min]44[sec] W
37[deg]37[min]56[sec] N                     122[deg]21[min]51[sec] W
37[deg]37[min]50[sec] N                     122[deg]22[min]20[sec] W
37[deg]38[min]25[sec] N                     122[deg]22[min]54[sec] W
37[deg]38[min]23[sec] N                     122[deg]23[min]01[sec] W
------------------------------------------------------------------------


and along the shoreline back to the beginning point.
    (2) Oakland International Airport Security Zone. This security zone 
includes all waters extending from the surface to the sea floor within 
approximately 200 yards seaward from the shoreline of the Oakland 
International Airport and encompasses all waters in San Francisco Bay 
within a line connecting the following geographical positions--

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
37[deg]43[min]35[sec] N                     122[deg]15[min]00[sec] W
37[deg]43[min]40[sec] N                     122[deg]15[min]05[sec] W
37[deg]43[min]34[sec] N                     122[deg]15[min]12[sec] W
37[deg]43[min]24[sec] N                     122[deg]15[min]11[sec] W
37[deg]41[min]54[sec] N                     122[deg]13[min]05[sec] W
37[deg]41[min]51[sec] N                     122[deg]12[min]48[sec] W
37[deg]41[min]53[sec] N                     122[deg]12[min]44[sec] W
37[deg]41[min]35[sec] N                     122[deg]12[min]18[sec] W
37[deg]41[min]46[sec] N                     122[deg]12[min]08[sec] W
37[deg]42[min]03[sec] N                     122[deg]12[min]34[sec] W
37[deg]42[min]08[sec] N                     122[deg]12[min]32[sec] W
37[deg]42[min]35[sec] N                     122[deg]12[min]30[sec] W
37[deg]42[min]40[sec] N                     122[deg]12[min]06[sec] W
------------------------------------------------------------------------


and along the shoreline back to the beginning point.
    (b) Regulations. (1) Under Sec. 165.33, entering, transiting 
through, or anchoring in this zone is prohibited unless authorized by 
the Coast Guard Captain of the Port, San Francisco Bay, or his 
designated representative.
    (2) Persons desiring to transit the area of a security zone may 
contact the Captain of the Port at telephone number 415-399-3547 or on 
VHF-FM channel 16 (156.8 MHz) to seek permission to transit the area. If 
permission is granted, all persons and vessels must comply with the 
instructions of the Captain of the Port or his or her designated 
representative.
    (c) Enforcement. All persons and vessels shall comply with the 
instructions of the Coast Guard Captain of the Port or the designated 
on-scene patrol personnel. Patrol personnel comprise commissioned, 
warrant, and petty officers of the Coast Guard onboard Coast Guard, 
Coast Guard Auxiliary, local, state, and federal law enforcement 
vessels. Upon being hailed by U.S. Coast Guard patrol personnel by 
siren, radio, flashing light, or other means, the operator of a vessel 
shall proceed as directed.

[COTP San Francisco Bay 03-009, 69 FR 34282, June 21, 2004]



Sec. 165.1195  Regulated Navigation Area; Humboldt Bay Bar Channel and 

Humboldt Bay Entrance Channel, Humboldt Bay, California.

    (a) Location. The Regulated Navigation Area (RNA) includes all 
navigable waters of the Humboldt Bay Bar Channel and the Humboldt Bay 
Entrance Channel, Humboldt Bay, California.
    (b) Definitions. As used in this section--
    COTP means the Captain of the Port as defined in Title 33, Code of 
Federal Regulations, Section 1.01-30 and 3.55-20.
    Sector means Coast Guard Sector/Air Station Humboldt Bay.
    Sector Commander means the Commanding Officer of Coast Guard Sector/
Air Station Humboldt Bay.
    Hazardous material means any of the materials or substances listed 
in 46 CFR 153.40.
    Humboldt Bay Area means the area described in the location section 
of this regulation.
    Oil means oil of any kind or in any form, including but not limited 
to, petroleum, fuel oil, sludge, oil refuse, and

[[Page 799]]

oil mixed with wastes other than dredged spoil.
    Station means Coast Guard Station Humboldt Bay.
    Tank Vessel means any vessel that is constructed or adapted to 
carry, or that carries, oil or hazardous material in bulk as cargo or 
cargo residue.
    (c) Applicability. These regulations apply to the owners and 
operators of tank vessels transporting oil or hazardous material as 
cargo within the Humboldt Bay Area.
    (d) Regulations. (1) In addition to the arrival and departure 
notification requirements listed in title 33 CFR, part 160, Ports and 
Waterways Safety--General, subpart C--Notifications of ``Arrivals, 
Departures, Hazardous Conditions, and Certain Dangerous Cargoes'', the 
owner, master, agent or person in charge of a vessel to which this 
notice applies shall obtain permission to cross within four hours of 
crossing the Humboldt Bay Bar. Between 6:30 a.m. and 10 p.m., 
notification/requests for permission can be made to Station Humboldt Bay 
on VHF-FM Channel 16, or at (707) 443-2213. If between 10 p.m. and 6:30 
a.m., or if unable to reach the Station, notification/requests for 
permission can be made directly to Sector/Air Station Humboldt Bay on 
VHF-FM Channel 16 or at (707) 839-6113.
    (2) Permission for a bar crossing by vessels or towing vessels and 
their tows to which this regulation applies is dependent on 
environmental and safety factors, including but not limited to: Sea 
state, winds, visibility, size and type of vessel or tow, wave period, 
time of day/night, and tidal currents. The final decision to close the 
bar rests with Humboldt Bay Sector Commander or his designated 
representative. At a minimum, Humboldt Bay Bar Channel crossings by 
vessels subject to this advisory will generally not be permitted unless 
all of the following conditions exist: Proper permission to cross has 
been received, sea conditions at the bar are less than 6 feet, winds at 
the bar are less than 30 knots, the transit will take place during 
daylight hours, the vessel has only a single tow or no tow, the 
visibility at the bar is greater than 1,000 yards, and the vessel and 
tow are in proper operating condition.
    (3) If the bar is closed to vessels to which this regulation 
applies, waiver requests will be accepted within four hours of crossing 
the entrance channel. If the waiver request is made between 6:30 a.m. 
and 10 p.m., the request should be made to Station Humboldt Bay on VHF-
FM Channel 16, or at (707) 443-2213. If between 10 p.m. and 6:30 a.m., 
or if unable to reach the Station, the request can be made directly to 
Sector/Air Station Humboldt Bay on VHF-FM Channel 16 or at (707) 839-
6113. Waiver requests must be made by the vessel master and must provide 
the following: A description of the proposed operation, the conditions 
for which the waiver is requested, the reasons for requesting the 
waiver, the reasons that the requester believes the proposed operation 
can be accomplished safely, and a callback phone number. The Station or 
Sector Watchstander receiving the request will brief the Officer in 
Charge of the Station who will then brief the Sector Commander. The 
authority to grant waivers rests 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 hazardous gases or compressed 
hazardous gases in bulk as cargo into or out of Humboldt Bay are 
required to be aided by two assist tugs. If the vessel carrying the 
gases is towed, the assist tug requirement is in addition to the towing 
tug. The assist tugs shall escort the vessel through its transit and 
must be stationed so as to provide immediate assistance in response to 
the loss of power or steering of the cargo vessel, its towing tug, or 
loss of control over the tow.
    (5) Vessels to which this regulation applies may be required by the 
Sector Commander or his designated representative to be escorted by a 
Coast Guard vessel during their transit. In addition, if a vessel 
master, agent, or pilot has concerns about the safety of a vessel's 
transit through the Humboldt Bay Entrance Channel, a Coast Guard escort 
may be requested. Requests for an escort should be directed to Station 
on VHF-FM channel 16 or at (707) 443-2213 between 6:30 a.m. and 10 p.m., 
or to Sector on VHF-FM channel 16 or at

[[Page 800]]

(707) 839-6113 if between 10 p.m. and 6:30 a.m.
    (e) Enforcement. Acting as a representative of the Captain of the 
Port, the Humboldt Bay Sector Commander will enforce this regulation and 
has the authority to take steps necessary to ensure the safe transit of 
vessels in Humboldt Bay. The Sector Commander can enlist the aid and 
cooperation of any Federal, State, county, and municipal agency to 
assist in the enforcement of the regulation. All persons and vessels 
shall comply with the instructions of the Sector Commander or the 
designated on-scene patrol personnel. Patrol personnel comprise 
commissioned, warrant, and petty officers of the Coast Guard onboard 
Coast Guard, Coast Guard Auxiliary, local, State, and Federal law 
enforcement vessels.
    Upon being hailed by U.S. Coast Guard patrol personnel by siren, 
radio, flashing light, or other means, the operator of a vessel shall 
proceed as directed.

[CGD11-05-006, 70 FR 49492, Aug. 24, 2005]



Sec. 165.1197  Security Zones; San Francisco Bay, San Pablo Bay, Carquinez 

Strait, Suisun Bay, California.

    (a) Locations. The following areas are security zones:
    (1) Chevron Long Wharf, San Francisco Bay. This security zone 
includes all waters extending from the surface to the sea floor within 
approximately 100 yards of the Chevron Long Wharf, Richmond, CA, and 
encompasses all waters in San Francisco Bay within a line connecting 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 zone includes all 
waters extending from the surface to the sea floor within approximately 
100 yards of the Conoco-Phillips Wharf, Rodeo, CA, and encompasses all 
waters in San Pablo Bay within a line connecting the following 
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 zone includes 
all waters extending from the surface to the sea floor within 
approximately 100 yards of the Shell Terminal, Martinez, CA, and 
encompasses all waters in San Pablo Bay within a line connecting the 
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 zone includes all 
waters extending from the surface to the sea floor within approximately 
100 yards of the Amorco Pier, Martinez, CA, and encompasses all waters 
in the Carquinez Strait within a line connecting 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 includes all waters 
extending

[[Page 801]]

from the surface to the sea floor within approximately 100 yards of the 
Valero Pier, Benicia, CA, and encompasses all waters in the Carquinez 
Strait within a line connecting 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 all waters 
extending from the surface to the sea floor within approximately 100 
yards of the Avon Pier, Martinez, CA, and encompasses all waters in 
Suisun Bay within a line connecting the following 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 general regulations in 
Sec. 165.33, entry into the security zones described in paragraph (a) 
of this section is prohibited, unless specifically 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 may 
contact the Captain of the Port at telephone number 415-399-3547 or on 
VHF-FM channel 16 (156.8 MHz) to seek permission to transit the area. If 
permission is granted, all persons and vessels must comply with the 
instructions of the Captain of the Port or his designated 
representative.
    (c) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of these security zones by federal, state and local 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 navigable waters of 
Suisun Bay, California, extending from the surface to the sea floor, 
within 500 yards of the three Military Ocean Terminal Concord (MOTCO) 
piers in Concord, California.
    (b) Regulations. (1) The Captain of the Port (COTP) San Francisco 
Bay will enforce the security zone(s) established by this section during 
military onload or offload operations only upon notice. Upon notice of 
enforcement by the COTP, entering, transiting through or anchoring in 
the zone(s) is prohibited unless authorized by the COTP or his 
designated representative. Upon notice of suspension of enforcement by 
the COTP, all persons and vessels are granted general permissions to 
enter, transit, and exit the security zone(s).
    (2) If more than 1 pier is involved in onload or offload operations 
at the same time, the 500-yard security zone for each involved pier will 
be enforced.
    (3) Persons desiring to transit the area of a security zone may 
contact the Patrol Commander on scene on VHF-FM channel 13 or 16 or the 
COTP at telephone number 415-399-3547 to seek permission to transit the 
area. If permission is granted, all persons and vessels must comply with 
the instructions of the COTP or his designated representative.
    (c) Enforcement. All persons and vessels must comply with the 
instructions of the Coast Guard Captain of the Port or the designated 
on-scene patrol personnel. Patrol personnel comprise commissioned, 
warrant, and petty officers of the Coast Guard onboard Coast Guard, 
Coast Guard Auxiliary, local, state, and federal law enforcement 
vessels. The U.S. Coast Guard may be assisted in the patrol and 
enforcement of the security zones by local law enforcement and the MOTCO 
police as necessary. Upon being hailed by U.S. Coast Guard patrol 
personnel by siren, radio,

[[Page 802]]

flashing light, or other means, the operator of a vessel must proceed as 
directed.
    (d) Notice of enforcement or suspension of enforcement of security 
zone(s). The COTP San Francisco Bay will cause notification of 
enforcement of the security zone(s) to be made by issuing a Local Notice 
to Mariners and a Broadcast Notice to Mariners to inform the affected 
segments of the public. During periods that the security zone(s) are 
being enforced, Coast Guard patrol personnel will notify mariners to 
keep out of the security zone(s) as they approach the area. In addition, 
Coast Guard Sector San Francisco Bay maintains a telephone line that is 
maintained 24 hours a day, 7 days a week. The public can contact Sector 
San Francisco Bay at (415) 399-3530 to obtain information concerning 
enforcement of this rule. When the security zone(s) are no longer 
needed, the COTP will cease enforcement of the security zone(s) and 
issue a Broadcast Notice to Mariners to notify the public. Upon notice 
of suspension of enforcement, all persons and vessels are granted 
general permissions to enter, move within and exit the security zone(s).

[COTP San Francisco Bay 04-007, 70 FR 3301, Jan. 24, 2005]

                     Thirteenth Coast Guard District



Sec. 165.T13-137  Safety Zone; North Jetty, named the Barview Jetty, Tillamook 

Bay, OR.

    (a) Location. The following area is a safety zone: All waters within 
a 250 feet radius of the north jetty, named the Barview Jetty, near 
Tillamook Bay, Oregon starting at latitude 45[deg]34[min]12[sec] N, 
longitude 123[deg]57[min]31[sec] W; thence heading offshore to latitude 
45[deg]34[min]12[sec] N, longitude 123[deg]57[min]58[sec] W; thence 
across the tip of the jetty to latitude 45[deg]34[min]17.5[sec] N, 
longitude 123[deg]57[min]58[sec] W; thence back inland to latitude 
45[deg] 34[min] 15[sec] N, longitude 123[deg]57[min]31[sec] W.
    (b) Regulations. In accordance with the general regulations in Sec. 
165.23, no person may enter or remain in the safety zone created in 
paragraph (a) of this section or bring, cause to be brought, or allow to 
remain in the safety zone created in paragraph (a) of this section any 
vehicle, vessel or object unless authorized by the Captain of the Port 
or his designated representative.
    (c) Enforcement. The safety zone will be enforced daily June 15, 
2010 through September 31, 2010 between the hours of 5:30 a.m. and 7:30 
p.m.
    (1) The Captain of the Port, Sector Portland, will notify the public 
of the enforcement and suspension of enforcement of the safety zone 
established by this section via any means that will provide as much 
notice as possible to the public. These means might include some or all 
of those listed in 33 CFR 165.7(a). The primary method of notification, 
however, will be through Broadcast Notice to Mariners and local Notice 
to Mariners.
    (d) Effective period. The safety zone created in paragraph (a) of 
this section will be in effect from 12:01 a.m. June 15, 2010 until 11:59 
p.m. September 30, 2010 while work is being conducted on the jetty.

    Effective Date Note: By USCG-2010-0214, 75 FR 35972, June 24, 2010, 
temporary Sec. 165.T13-137 was added, effective from June 24, 2010 
until 11:59 p.m. on Sept. 30, 2010.



Sec. 165.T13-149  Safety Zone; McNary-John Day Transmission Line Project, 

Columbia River, Hermiston, OR.

    (a) Location: The following is a safety zone: All waters of the 
Columbia River between two lines with the first line starting at the 
north bank at 45[deg] 56[min] 16.5[sec] N/119[deg] 19[min] 24[sec] W 
then across the river to the south bank at 45[deg] 55[min] 47[sec] N/
119[deg] 19[min] 07[sec] W and the second line starting at the north 
bank at 45[deg] 56[min] 05[sec] N/119[deg] 19[min] 48[sec] W and then 
across the river to the south bank at 45[deg] 55[min] 44[sec] N/119[deg] 
19[min] 38[sec] W. Geographically this location is from the West bridge 
of I-82 east approximately 1200 feet toward the McNary Dam.
    (b) Regulations. In accordance with the general regulations in 33 
CFR Part 165, Subpart C, no person may enter or remain in the safety 
zone created in this section or bring, cause to be brought, or allow to 
remain in the safety zone created in this section any vehicle, vessel, 
or object unless authorized by the Captain of the Port or his designated 
representative. Designated representatives are Coast Guard personnel 
authorized by the Captain of the

[[Page 803]]

Port to grant persons or vessels permission to enter or remain in the 
safety zone created by this section. See 33 CFR part 165, subpart C, for 
additional information and requirements.
    (c) Enforcement period. The safety zone created in this section will 
be in effect from 10 a.m.. on June 10, 2010 through 11:59 p.m. on 
October 31, 2011.

    Effective Date Note: By USCG-2010-0504, 75 FR 33999, June 16, 2010, 
temporary Sec. 165.T13-149 was added, effective from June 16, 2010 
until 11:59 p.m. on Oct. 31, 2010.



Sec. 165.1301  Puget Sound and Adjacent Waters in Northwestern Washington--

Regulated Navigation Area.

    The following is a regulated navigation area--All of the following 
northwestern Washington waters under the jurisdiction of the Captain of 
the Port, Puget Sound: Puget Sound, Hood Canal, Possession Sound, 
Elliott Bay, Commencement Bay, the San Juan Archipelago, Rosario Strait, 
Guemes Channel, Bellingham Bay, U.S. waters of the Strait of the Strait 
of Juan de Fuca, Haro Strait, Boundary Pass, and Georgia Strait, and all 
lesser bays and harbors adjacent to the above.
    (a) Definitions as used in this section:
    (1) Vessels engaged in fishing are as identified in the definition 
found in Rule 3 of the International Regulations for Prevention of 
Collisions at Sea, 1972, (72 COLREGS), found in appendix A, part 81 of 
this chapter.
    (2) Hazardous levels of vessel traffic congestion are as defined at 
the time by Puget Sound Vessel Traffic Service.
    (b) Nothing in this section shall be construed as relieving any 
party from their responsibility to comply with applicable rules set 
forth in the 72 COLREGS.
    (c) General Regulations: The provisions of this paragraph apply at 
all times.
    (1) Vessels engaged in fishing or other operations--that are 
distinct from vessels following a TSS or a connecting precautionary area 
east of New Dungeness and which are not required by the Bridge to Bridge 
Radiotelephone Regulations to maintain a listening watch, are highly 
encouraged to maintain a listening watch on the Puget Sound Vessel 
Traffic Service (PSVTS) VHF-FM radio frequency for the area in which the 
vessel is operating. A safe alternative to the radio listening watch is 
to stay clear of the TSS and connecting precautionary area.
    (2) Vessels engaged in gill net fishing at any time between sunset 
and sunrise in any of the waters defining the regulated navigation are 
of this section shall, in addition to the navigation lights and shapes 
required by Part 81 of this title (72 COLREGS), display at the end of 
the net most distant from the vessel on all-round (32-point) white light 
visible for a minimum of two nautical miles and displayed from at least 
three feet above the surface of the water.
    (3) Vessels engaged in fishing, including gillnet and purse seine 
fishing, are prohibited in the following Prohibited Fishing Area: The 
Hood Canal Bridge, to include the waters within a one-half nautical mile 
radius of the center of the main ship channel draw span during the 
immediate approach and transit of the draw by public vessels of the 
United States.
    (4) East of New Dungeness, vessels engaged in fishing in a traffic 
lane or connecting precautionary area shall tend nets or other gear 
placed in the water so as to facilitate the movement of the vessel or 
gear from the traffic lane or precautionary area upon the approach of a 
vessel following the TSS.
    (d) Congested Regulations: The provisions under this paragraph apply 
only when imposed in specific locations by Puget Sound Vessel Traffic 
Service. They are intended to enhance vessel traffic safety during 
periods and in locations where hazardous levels of vessel traffic 
congestion are deemed to exist by Puget Sound Vessel Traffic Service. 
Operations potentially creating vessel traffic congestion include, but 
are not limited to, vessels engaged in fishing, including gillnet or 
purse seine, recreational fishing derbies, regattas, or permitted marine 
events.
    (1) Vessels engaged in fishing or other operations--that are 
distinct from vessels following a Traffic Separation Scheme (TSS) or a 
connecting precautionary area east of New Dungeness, may not remain in, 
nor their gear remain in, a traffic lane or a connecting precautionary 
area east of New

[[Page 804]]

Dungeness when a vessel following a TSS approaches. Such vessels not 
following a TSS or a connecting precautionary area shall draw in their 
gear, maneuver, or otherwise clear these areas so that their action is 
complete at least fifteen minutes before the arrival of a vessel 
following the TSS. Vessels which are required by this paragraph to 
remain clear of a connecting precautionary area east of New Dungeness or 
a traffic lane must also remain clear of the adjacent separation zone 
when in a TSS east of New Dungeness.
    (2) A vessel following the TSS may not exceed a speed of 11 knots 
through the water.
    (3) Vessels engaged in fishing, including gillnet and purse seine 
fishing, are prohibited in the following Prohibited Fishing Area: 
Edmonds/Kingston ferry crossing lanes, to include the waters within one-
quarter nautical mile on either side of a straight line connecting the 
Edmonds and Kingston ferry landings during the hours that the ferry is 
operating.
    (e) Authorization to deviate from this section.
    (1) Commander, Thirteenth Coast Guard District may, upon written 
request, issue an authorization to deviate from this section if the 
proposed deviation provides a level of safety equivalent to or beyond 
that provided by the required procedure. An application for 
authorization must state the need for the deviation and describe the 
proposed alternative operation.
    (2) PSVTS may, upon verbal request, authorize a deviation from this 
section for a voyage, or part of a voyage, if the proposed deviation 
provides a level of safety equivalent to or beyond that provided by the 
required procedure. The deviation request must be made well in advance 
to allow the requesting vessel and the Vessel Traffic Center (VTC) 
sufficient time to assess the safety of the proposed deviation. 
Discussions between the requesting vessel and the VTC should include, 
but are not limited to, information on vessel handling characteristics, 
traffic density, radar contracts, and environmental conditions.
    (3) In an emergency, the master, pilot, or person directing the 
movement of the vessel following the TSS may deviate from this section 
to the extent necessary to avoid endangering persons, property, or the 
environment, and shall report the deviation to the VTC as soon as 
possible.

[CGD 13-98-002, 63 FR 7708, Feb. 17, 1998]



Sec. 165.1302  Bangor Naval Submarine Base, Bangor, WA.

    (a) Location. The following is a security zone: The waters of the 
Hood Canal encompassed by a line commencing on the east shore of Hood 
Canal at latitude 47[deg]43[min]17[sec] N., longitude 
122[deg]44[min]44[sec] W., thence to latitude 47[deg]43[min]32[sec] N., 
longitude 122[deg]44[min]40[sec] W.; thence to latitude 
47[deg]43[min]50[sec] N., longitude 122[deg]44[min]40[sec] W.; thence to 
latitude 47[deg]44[min]24[sec] N., longitude 122[deg]44[min]22[sec] W.; 
thence to latitude 47[deg]45[min]47[sec] N., longitude 
122[deg]43[min]22[sec] W.; thence to latitude 47[deg]46[min]23[sec] N., 
longitude 122[deg]42[min]42[sec] W.; thence to latitude 
47[deg]46[min]23[sec] N., longitude 122[deg]42[min]20[sec] W.; thence to 
latitude 47[deg]46[min]20[sec] N., longitude 122[deg]42[min]12[sec] W.: 
thence southerly along the shoreline to the point of beginning.
    (b) Security zone anchorage. The following is a security zone 
anchorage: Area No. 2. Waters of Hood Canal within a circle of 1,000 
yards diameter centered on a point located at latitude 
47[deg]46[min]26[sec] N., longitude 122[deg]42[min]49[sec] W.
    (c) Special Regulations. (1) Section 165.33 paragraphs, (a), (e), 
and (f) do not apply to the following vessels or individuals on board 
those vessels:
    (i) Public vessels of the United States, other than United States 
Naval vessels.
    (ii) Vessels that are performing work at Naval Submarine Base Bangor 
pursuant to a contract with the United States Navy which requires their 
presence in the security zone.
    (iii) Any other vessels or class of vessels mutually agreed upon in 
advance by the Captain of the Port and Commanding Officer, Naval 
Submarine Base Bangor. Vessels operating in the security zone under this 
exemption must have previously obtained a copy of a certificate of 
exemption permitting their operation in the security zone from the 
Security Office, Naval Submarine Base Bangor. This written exemption 
shall state the date(s) on which it is effective and may contain

[[Page 805]]

any further restrictions on vessel operations within the security zone 
as have been previously agreed upon by the Captain of the Port and 
Commanding Officer, Naval Submarine Base Bangor. The certificate of 
exemption shall be maintained on board the exempted vessel so long as 
such vessel is operating in the security zone.
    (2) Any vessel authorized to enter or remain in the security zone 
may anchor in the security zone anchorage.
    (3) Other vessels desiring access to this zone shall secure 
permission from the Captain of the Port through the Security Office of 
the Naval Submarine Base Bangor. The request shall be forwarded in a 
timely manner to the Captain of the Port by the appropriate Navy 
official.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and monitoring of this security zone by the U.S. Navy.

[CDG13 87-06, 52 FR 47924, Dec. 17, 1987]



Sec. 165.1303  Puget Sound and adjacent waters, WA--regulated navigation area.

    (a) The following is a regulated navigation area: the waters of the 
United States east of a line extending from Discovery Island Light to 
New Dungeness Light and all points in the Puget Sound area north and 
south of these lights.
    (b) Regulations. (1) Tank vessel navigation restrictions: Tank 
vessels larger than 125,000 deadweight tons bound for a port or place in 
the United States may not operate in the regulated navigation area.
    (2) Commander, Thirteenth Coast Guard District may, upon written 
request, issue an authorization to deviate from paragraph (b)(1) of this 
section if it is determined that such deviation provides an adequate 
level of safety. Any application for authorization must state the need 
and fully describe the proposed procedure.
    (c) Precautionary Area Regulations. (1) A vessel in a precautionary 
area which is depicted on National Oceanic and Atmospheric 
Administration (NOAA) nautical charts, except precautionary ``RB'' (a 
circular area of 2,500 yards radius centered at 48-26[min]24[sec] N., 
122-45[min]12[sec] W.), must keep the center of the precautionary area 
to port.

    Note: The center of precautionary area ``RB'' is not marked by a 
buoy.

    (2) The Puget Sound Vessel Traffic Service (PSVTS) may, upon verbal 
request, authorize a onetime deviation from paragraph (c)(1) of this 
section for a voyage, or part of a voyage, if the proposed deviation 
provides a level of safety equivalent to or beyond that provided by the 
required procedure. The deviation request must be made well in advance 
to allow the requesting vessel and the Vessel Traffic Center (VTC) 
sufficient time to assess the safety of the proposed deviation. 
Discussions between the requesting vessel and the VTC should include, 
but are not limited to, information on the vessel handling 
characteristics, traffic density, radar contacts, and environmental 
conditions.
    (3) In an emergency, the master, pilot, or person directing the 
movement of the vessel may deviate from paragraph (c)(1) of this section 
to the extent necessary to avoid endangering persons, property, or the 
environment, and shall report the deviation to the VTC as soon as 
possible.

[CGD 90-020, 59 FR 36335, July 15, 1994, as amended by CGD 13-97-003, 62 
FR 23660, May 1, 1997]



Sec. 165.1304  Bellingham Bay, Bellingham, WA.

    (a) Location. The following area is a safety zone: All waters of 
Bellingham Bay, Washington, bounded by a circle with a radius of 1000 
yards centered on the fireworks launching site located on the Georgia 
Pacific Lagoon Seawall at position latitude 48[deg]44[min]56[sec] N, 
longitude 122[deg]29[min]40[sec] W, including the entrances to the I & J 
Street Waterway and the Whatcom Creek Waterway. [Datum: NAD 83]
    (b) Effective dates. This section is effective annually on July 
fourth from 9:30 p.m. to 11 p.m. unless otherwise specified by Federal 
Register notice.
    (c) Regulation. In accordance with the general regulations in Sec. 
165.23 of this

[[Page 806]]

part, entry into this safety zone is prohibited unless authorized by the 
Captain of the Port, Puget Sound, Seattle, WA.

[CGD13-95-008, 60 FR 61480, Nov. 30, 1995, as amended by CGD 13-96-028, 
61 FR 47824, Sept. 11, 1996]



Sec. 165.1305  Commencement Bay, Tacoma, WA.

    (a) Location. The following area is a safety zone: All portions of 
Commencement Bay bounded by the following coordinates: Latitude 
47[deg]17[min]34[sec] N, Longitude 122[deg]28[min]36[sec] W; thence to 
Latitude 47[deg]17[min]06[sec] N, Longitude 122[deg]27[min]40[sec] W; 
thence to Latitude 47[deg]16[min]42[sec] N, Longitude 
122[deg]28[min]06[sec] W; thence to Latitude 47[deg]17[min]10[sec] W, 
Longitude 122[deg]29[min]02[sec] W; thence returning to the origin. This 
safety zone resembles a rectangle lying adjacent to the shoreline along 
Ruston Way. Floating markers will be placed by the sponsor of the event 
to delineate the boundaries of the safety zone. [Datum: NAD 1983].
    (b) Effective dates. This section is effective annually on July the 
fourth from 2 p.m. to 12:30 a.m. July the fifth unless otherwise 
specified by Federal Register notice.
    (c) Regulation. In accordance with the general regulations in Sec. 
165.23 of this part, entry into this safety zone is prohibited unless 
authorized by the Captain of the Port, Puget Sound, Seattle, WA.

[CGD13-95-009, 60 FR 61481, Nov. 30, 1995]



Sec. 165.1306  Lake Union, Seattle, WA.

    (a) Location. The following area is a safety zone: All portions of 
the waters of Lake Union bounded by the following coordinates: Latitude 
47[deg]38[min]32[sec] N, Longitude 122[deg]20[min]34[sec] W; thence to 
Latitude 47[deg]38[min]32[sec] N, Longitude 122[deg]19[min]48[sec] W; 
thence to Latitude 47[deg]38[min]10[sec] N, Longitude 
122[deg]19[min]45[sec] W; thence to Latitude 47[deg]38[min]10[sec] N, 
Longitude 122[deg]20[min]24[sec] W; thence returning to the origin. This 
safety zone begins 1,000 feet south of Gas Works Park and encompasses 
all waters from east to west for 2,500 feet. Floating markers will be 
placed by the sponsor of the fireworks demonstration to delineate the 
boundaries of the safety zone. [Datum: NAD 1983]
    (b) Effective dates. This section is effective annually on July 
fourth from 9:30 p.m. to 11 p.m. unless otherwise specified by Federal 
Register notice.
    (c) Regulation. In accordance with the general regulations in Sec. 
165.23 of this part, entry into the safety zone is prohibited unless 
authorized by the Captain of the Port, Puget Sound, Seattle, WA. The 
Captain of the Port may establish transit lanes along the east and west 
shorelines of Lake Union and may allow boaters to transit north and 
south through the safety zone in these lanes. If established, these 
transit lanes will remain open until 10 p.m. and then be closed until 
the end of the fireworks display (approximately 30 minutes).

[CGD13-95-010, 60 FR 61483, Nov. 30, 1995]



Sec. 165.1307  Elliott Bay, Seattle, WA.

    (a) Location. The following area is a safety zone: All portions of 
Elliott Bay bounded by the following coordinates: Latitude 
47[deg]37[min]22[sec] N, Longitude 122[deg]22[min]06[sec] W; thence to 
Latitude 47[deg]37[min]06[sec] N, Longitude 122[deg]21[min]45[sec] W; 
thence to Latitude 47[deg]36[min]54[sec] N, Longitude 
122[deg]22[min]05[sec] W; thence to Latitude 47[deg]37[min]08[sec] N, 
Longitude 122[deg]22[min]27[sec] W; thence returning to the origin. This 
safety zone resembles a square centered around the barge from which the 
fireworks will be launched and begins 100 yards from the shoreline of 
Myrtle Edwards Park. Floating markers will be placed by the sponsor of 
the fireworks display to delineate the boundaries of the safety zone 
[Datum NAD 1983].
    (b) Effective dates. This section is effective annually on July 
fourth from 9:30 p.m. to 11 p.m. unless otherwise specified by Federal 
Register notice.
    (c) Regulation. In accordance with the general regulations in Sec. 
165.23 of this part, entry into this safety zone is prohibited unless 
authorized by the Captain of the Port, puget sound, Seattle, WA.

[CGD13-95-007, 60 FR 61482, Nov. 30, 1995, as amended by CGD13-97-015, 
62 FR 39445, July 23, 1997]



Sec. 165.1308  Columbia River, Vancouver, WA.

    (a) Location. The following area is a safety zone: All waters of the 
Columbia

[[Page 807]]

River at Vancouver, Washington, bounded by a line commencing at the 
northern base of the Interstate 5 highway bridge at latitude 
45[deg]37[min]17[sec] N, longitude 122[deg]40[min]22[sec] W; thence 
south along the Interstate 5 highway bridge to latitude 
45[deg]37[min]03[sec] N, longitude 122[deg]40[min]32[sec] W; thence to 
latitude 45[deg]36[min]28[sec] N, longitude 122[deg]38[min]35[sec] W; 
thence to Ryan's Point at latitude 45[deg]36[min]42[sec] N, longitude 
122[deg]38[min]35[sec] W; thence along the Washington shoreline to the 
point of origin. [Datum: NAD 83].
    (b) Effective dates. This section is effective annually on July 
fourth from 9 p.m. to 11 p.m. (PDT) unless otherwise specified by 
Federal Register notice.
    (c) Regulation. In accordance with the general regulations in Sec. 
165.23 of this part, entry into this safety zone is prohibited unless 
authorized by the Captain of the Port, Portland, Oregon.

[CGD13-95-055, 61 FR 18949, Apr. 30, 1996]



Sec. 165.1309  Eagle Harbor, Bainbridge Island, WA.

    (a) Regulated area. A regulated navigation area is established on 
that portion of Eagle Harbor bounded by a line beginning at: 
47[deg]36[min]56[sec] N, 122[deg]30[min]36[sec] W; thence to 
47[deg]37[min]11[sec] N, 122[deg]30[min]36[sec] W; thence to 
47[deg]37[min]25[sec] N, 122[deg]30[min]17[sec] W; thence to 
47[deg]37[min]24[sec] N, 122[deg]30[min]02[sec] W; thence to 
47[deg]37[min]16[sec] N, 122[deg]29[min]55[sec] W; thence to 
47[deg]37[min]03[sec] N, 122[deg]30[min]027sec; W; thence returning 
along the shoreline to point of origin. [Datum NAD 1983].
    (b) Regulations. All vessels and persons are prohibited from 
anchoring, dredging, laying cable, dragging, seining, bottom fishing, 
conducting salvage operations, or any other activity which could 
potentially disturb the seabed in the designated area. Vessels may 
otherwise transit or navigate within this area without reservation.
    (c) Waiver. The Captain of the Port, Puget Sound, upon advice from 
the U.S. EPA Project Manager and the Washington State Department of 
Natural Resources, may, upon written request, authorize a waiver from 
this section if it is determined that the proposed operation supports 
USEPA remedial objectives, or can be performed in a manner that ensures 
the integrity of the sediment cap. A written request must describe the 
intended operation, state the need, and describe the proposed 
precautionary measures. Requests should be submitted in triplicate, to 
facilitate review by U.S. EPA, Coast Guard, and Washington State 
Agencies. USEPA managed remedial design, remedial action, habitat 
mitigation, or monitoring activities associated with the Wyckoff/Eagle 
Harbor Superfund Site are excluded from the waiver requirement. USEPA is 
required, however, to alert the Coast Guard in advance concerning any of 
the above-mentioned activities that may, or will, take place in the 
Regulated Area.

[CGD 13-98-004, 64 FR 72561, Dec. 28, 1999]



Sec. 165.1310  Strait of Juan de Fuca and adjacent coastal waters of Northwest 

Washington; Makah Whale Hunting--Regulated Navigation Area.

    (a) The following area is a Regulated Navigation Area (RNA): From 
48[deg]02.25[min] N, 124[deg]42.1[min] W northward along the mainland 
shoreline of Washington State to Cape Flattery and thence eastward along 
the mainland shoreline of Washington State to 48[deg]22[min] N, 
124[deg]34[min] W; thence due north to 48[deg]24.55[min] N, 
124[deg]34[min] W; thence northwesterly to 48[deg]27.1[min] N, 
124[deg]41.7[min] W; thence due west to 48[deg]27.1[min] N, 
124[deg]45.5[min] W; thence southwesterly to 48[deg]20.55[min] N, 
124[deg]51.05[min] W, thence west south west to 48[deg]18.0[min] N 
124[deg]59.0[min] W, thence due south to 48[deg]02.25[min] N, 
124[deg]59.0[min] W) thence due east back to the shoreline of Washington 
at 48[deg]02.25[min] N, 124[deg]42.1[min] W. Datum: NAD 1983.
    (b) During a whale hunt, while the international numeral pennant 
five (5) is flown by a Makah whale hunt vessel, the following area 
within the RNA is a Moving Exclusion Zone: The column of water from the 
surface to the seabed with a radius of 500 yards centered on the Makah 
whale hunt vessel displaying international numeral pennant five (5). 
This Moving Exclusionary Zone is activated only when surface visibility 
exceeds one nautical mile, between sunrise and sunset, and the Makah 
whale hunt vessel displays the international numeral pennant five (5). 
The Moving Exclusionary Zone is deactivated upon sunset, visibility is 
reduced to less than one nautical mile, or when the Makah hunt vessel 
strikes international numeral pennant five (5).

[[Page 808]]

    (c) Unless otherwise authorized by the Commander, Thirteenth Coast 
Guard District or his or her representative, no person or vessel may 
enter the active Moving Exclusionary Zone except for:
    (1) Authorized Makah whale hunt vessel actively engaged in hunting 
operations under direction of the master of the Makah vessel flying 
international numeral pennant five (5), and
    (2) A single authorized media pool vessel operating in accordance 
with paragraph (f) of this section.
    (d) The international numeral pennant five (5) is only authorized to 
be displayed from one Makah whale hunt vessel during actual whale hunt 
operations. No other vessels may display this pennant within the RNA at 
any time. Whale hunt operations commence when a whale hunt vessel is 
underway and its master intends to have a whale killed during the 
voyage. Whale hunt operations cease once this intent is abandoned, a 
whale is landed, or when the international numeral pennant five (5) is 
struck.
    (e) The Makah Tribe shall make SECURITE broadcasts beginning one 
half hour before the commencement of a hunt and every half hour 
thereafter until hunting activities are concluded. This broadcast shall 
be made on channel 16 VHF-FM and state:

    A whale hunt is proceeding today within the Regulated Navigation 
Area established for Makah whaling activities. The (name of vessel) is a 
(color and description of vessel) and will be flying international 
numeral pennant five (5) while engaged in whaling operations. This 
pennant is yellow and blue in color. Mariners are required by federal 
regulation to stay 500 yards away from (name of vessel), and are 
strongly urged to remain even further away from whale hunt activities as 
an additional safety measure.

    (f)(1) Credentialed members of the media interested in entering the 
Moving Exclusionary Zone may request permission to operate a single 
media vessel in the Moving Exclusionary Zone by telephoning Coast Guard 
Public Affairs, as soon as practicable at (206) 220-7237 during normal 
working hours, and (206) 220-7001 after hours. Coast Guard 
preauthorization is required prior to entry into the Moving Exclusionary 
Zone by a single media pool vessel.
    (2) The media pool vessel must be a U.S. documented vessel. The 
media pool vessel must be under command at all times within the Moving 
Exclusionary zone by a master holding a license or merchant mariner 
credential issued in the U.S. to carry passenger for hire. All expenses, 
liabilities and risks associated with operation of the media pool vessel 
lie with members of the pool and the pool vessel owners and operators.
    (3) The master of the media pool vessel shall maneuver to avoid 
positioning the pool vessel between whales and hunt vessel(s), out of 
the line of fire, at a prudent distance and location relative to whale 
hunt operations, and in a manner that avoids hindering the hunt or path 
of the whale in any way.
    (4) Although permitted to maneuver within the Moving Exclusionary 
Zone, personnel aboard the media pool vessel are still required to 
follow safety and law enforcement related instructions of Coast Guard 
personnel.

[CGD 13-98-023, 63 FR 52609, Oct. 1, 1998, as amended by CGD 13-98-023, 
64 FR 61212, Nov. 10, 1999; USCG-2006-24371, 74 FR 11213, Mar. 16, 2009]



Sec. 165.1311  Olympic View Resource Area, Tacoma, WA.

    (a) Regulated area. A regulated navigation area is established on 
that portion of Commencement Bay bounded by a line beginning at: 
47[deg]15[min]40.19753[sec] N, 122[deg]26[min]09.27617[sec] W; thence to 
47[deg]15[min]42.21070[sec] N, 122[deg]26[min]10.65290[sec] W; thence to 
47[deg]15[min]41.84696[sec] N, 122[deg]26[min]11.80062[sec] W; thence to 
47[deg]15[min]45.57725[sec] N, 122[deg]26[min]14.35173[sec] W; thence to 
47[deg]15[min]53.06020[sec] N, 122[deg]26[min]06.61366[sec] W; thence to 
47[deg]15[min]46.74493[sec] N, 122[deg]26[min]02.50574[sec] W; thence 
returning along the shoreline to the point of origin. [Datum NAD 1983].
    (b) Regulations. All vessels and persons are prohibited from 
anchoring, dredging, laying cable, dragging, seining, bottom fishing, 
conducting salvage operations, or any other activity which could 
potentially disturb the seabed in the designated area. Vessels may 
otherwise transit or navigate within this area without reservation.
    (c) Waiver. The Captain of the Port, Puget Sound, upon advice from 
the

[[Page 809]]

United States Environmental Protection Agency (USEPA) Project Manager 
and the Washington State Department of Natural Resources, may, upon 
written request, authorize a waiver from this section if it is 
determined that the proposed operation supports USEPA remedial 
objectives, or can be performed in a manner that ensures the integrity 
of the sediment cap. A written request must describe the intended 
operation, state the need, and describe the proposed precautionary 
measures. Requests shall be submitted in triplicate, to facilitate 
review by USEPA, Coast Guard, and Washington State Agencies. USEPA 
managed remedial design, remedial action, habitat mitigation, or 
monitoring activities associated with the Olympic View Resource Area 
Superfund Site are excluded from the waiver requirement. USEPA is 
required, however, to alert the Coast Guard in advance concerning any of 
the above-mentioned activities that may, or will, take place in the 
Regulated Area.

[CGD13-02-016, 68 FR 17735, Apr. 11, 2003]



Sec. 165.1312  Security Zone; Portland Rose Festival on Willamette River.

    (a) Location. The following area is a security zone: All waters of 
the Willamette River, from surface to bottom, encompassed by the 
Hawthorne and Steel Bridges.
    (b) Regulations. In accordance with Sec. 165.33, entry into this 
zone is prohibited unless authorized by the Coast Guard Captain of the 
Port, Portland or his designated representatives. Section 165.33 also 
contains other general requirements.
    (c) Authority. In addition to 33 U.S.C. 1231, the authority for this 
section includes 33 U.S.C. 1226.
    (d) Enforcement period. This section is enforced annually in June 
from the first Wednesday in June falling on the 4th or later through the 
following Monday in June. The event will be 6 days in length and the 
specific dates of enforcement will be published each year in the Federal 
Register. In 2005, the zone will be enforced on Wednesday, June 8, 
through Monday, June 13.

[CGD13-02-020, 68 FR 31979, May 29, 2003, as amended by CDG13-05-007, 70 
FR 33353, June 8, 2005]



Sec. 165.1313  Security zone regulations, tank ship protection, Puget Sound 

and adjacent waters, Washington

    (a) Notice of enforcement or suspension of enforcement. The tank 
ship security zone established by this section will be enforced only 
upon notice by the Captain of the Port Puget Sound. Captain of the Port 
Puget Sound will cause notice of the enforcement of the tank ship 
security zone to be made by all appropriate means to effect the widest 
publicity among the affected segments of the public including 
publication in the Federal Register as practicable, in accordance with 
33 CFR 165.7(a). Such means of notification may also include but are not 
limited to, Broadcast Notice to Mariners or Local Notice to Mariners. 
The Captain of the Port Puget Sound will issue a Broadcast Notice to 
Mariners and Local Notice to Mariners notifying the public when 
enforcement of the tank ship security zone is suspended.
    (b) The following definitions apply to this section:
    (1) Federal Law Enforcement Officer means any employee or agent of 
the United States government who has the authority to carry firearms and 
make warrantless arrests and whose duties involve the enforcement of 
criminal laws of the United States.
    (2) Navigable waters of the United States means those waters defined 
as such in 33 CFR part 2.
    (3) Navigation Rules means the Navigation Rules, International-
Inland.
    (4) Official patrol means those persons designated by the Captain of 
the Port to monitor a tank ship security zone, permit entry into the 
zone, give legally enforceable orders to persons or vessels with in the 
zone and take other actions authorized by the Captain of the Port. 
Persons authorized in paragraph (k) to enforce this section are 
designated as the official patrol.
    (5) Public vessel means vessels owned, chartered, or operated by the 
United States, or by a State or political subdivision thereof.
    (6) Tank ship security zone is a regulated area of water, 
established by this section, surrounding tank ships for a 500-yard 
radius that is necessary to provide for the security of these vessels.

[[Page 810]]

    (7) Tank ship means a self-propelled tank vessel that is constructed 
or adapted primarily to carry oil or hazardous material in bulk as cargo 
or cargo residue in the cargo spaces. The definition of tank ship does 
not include tank barges.
    (8) Washington Law Enforcement Officer means any General Authority 
Washington Peace Officer, Limited Authority Washington Peace Officer, or 
Specially Commissioned Washington Peace Officer as defined in Revised 
Code of Washington section 10.93.020.
    (c) Security zone: There is established a tank ship security zone 
extending for a 500-yard radius around all tank ships located in the 
navigable waters of the United States in Puget Sound, WA, east of 123 
degrees, 30 minutes West Longitude. [Datum: NAD 1983]
    (d) Compliance: The tank ship security zone established by this 
section remains in effect around tank ships at all times, whether the 
tank ship is underway, anchored, or moored. Upon notice of enforcement 
by the Captain of the Port Puget Sound, the Coast Guard will enforce the 
tank ship security zone in accordance with rules set out in this 
section. Upon notice of suspension of enforcement by the Captain of the 
Port Puget Sound, all persons and vessels are authorized to enter, 
transit, and exit the tank ship security zone, consistent with the 
Navigation Rules.
    (e) The Navigation Rules shall apply at all times within a tank ship 
security zone.
    (f) When within a tank ship security zone all vessels shall operate 
at the minimum speed necessary to maintain a safe course and shall 
proceed as directed by the on-scene official patrol or tank ship master. 
No vessel or person is allowed within 100 yards of a tank ship, unless 
authorized by the on-scene official patrol or tank ship master.
    (g) To request authorization to operate within 100 yards of a tank 
ship, contact the on-scene official patrol or tank ship master on VHF-FM 
channel 16 or 13.
    (h) When conditions permit, the on-scene official patrol or tank 
ship master should:
    (1) Permit vessels constrained by their navigational draft or 
restricted in their ability to maneuver to pass within 100 yards of a 
tank ship in order to ensure a safe passage in accordance with the 
Navigation Rules;
    (2) Permit commercial vessels anchored in a designated anchorage 
area to remain at anchor when within 100 yards of a passing tank ship; 
and
    (3) Permit vessels that must transit via a navigable channel or 
waterway to pass within 100 yards of a moored or anchored tank ship with 
minimal delay consistent with security.
    (i) Exemption. Public vessels as defined in paragraph (b) of this 
section are exempt from complying with paragraphs (c), (d), (f), (g), 
(h), (j), and (k) of this section.
    (j) Exception. 33 CFR Part 161 promulgates Vessel Traffic Service 
regulations. Measures or directions issued by Vessel Traffic Service 
Puget Sound pursuant to 33 CFR Part 161 shall take precedence over the 
regulations in this section.
    (k) Enforcement. Any Coast Guard commissioned, warrant or petty 
officer may enforce the rules in this section. In the navigable waters 
of the United States to which this section applies, when immediate 
action is required and representatives of the Coast Guard are not 
present or not present in sufficient force to provide effective 
enforcement of this section in the vicinity of a tank ship, any Federal 
Law Enforcement Officer or Washington Law Enforcement Officer may 
enforce the rules contained in this section pursuant to 33 CFR Sec. 
6.04-11. In addition, the Captain of the Port may be assisted by other 
federal, state or local agencies in enforcing this section.

[CGD13-02-018, 68 FR 15374, Mar. 31, 2003]



Sec. 165.1314  Safety Zone; Fort Vancouver Fireworks Display, Columbia River, 

Vancouver, Washington.

    (a) Location. The following area is a safety zone: All waters of the 
Columbia River at Vancouver, Washington bounded by a line commencing at 
the northern base of the Interstate 5 highway bridge at latitude 
45[deg]37[sec] 16.5[min] N, longitude 122[deg]40[sec] 22.5[min]' W; 
thence south along the Interstate 5 highway bridge to Hayden Island, 
Oregon at latitude 45[deg]36[sec] 51.5[min] N, longitude 122[deg]40[sec] 
39[min] W; thence east along Hayden Island to latitude 45[deg]36[sec] 
36[min] N, longitude 122[deg]39[sec]

[[Page 811]]

48[min] W (not to include Hayden Bay); thence north across the river 
thru the preferred channel buoy, RG Fl(2+1)R 6s, to the Washington 
shoreline at latitude 45[deg]37[sec] 1.5[min] N, longitude 
122[deg]39[sec] 29[min] W; thence west along the Washington shoreline to 
the point of origin.
    (b) Regulations. In accordance with the general regulations in Sec. 
165.23 of this part, no person or vessel may enter or remain in this 
zone unless authorized by the Captain or the Port or his designated 
representatives.
    (c) Authority. In addition to 33 U.S.C. 1231, the authority for this 
section includes 33 U.S.C. 1226.
    (d) Enforcement period. This section will be enforced every July 4, 
from 9:30 p.m. (P.D.T.) to 11 p.m. (P.D.T.).

[CGD13-03-001, 68 FR 31610, May 28, 2003]



Sec. 165.1315  Safety Zones: Fireworks displays in the Captain of the Port 

Portland Zone.

    (a) Safety zones. The following areas are designated safety zones:
    (1) Cinco de Mayo Fireworks Display, Portland, OR:
    (i) Location. Waters on the Willamette River bounded by the Morrison 
Bridge to the north, Hawthorne Bridge to the south, and the shoreline to 
the east and west.
    (ii) Enforcement period. One day in early May.
    (2) Portland Rose Festival Fireworks Display, Portland, OR:
    (i) Location. Waters on the Willamette River bounded by the Morrison 
Bridge to the north, Hawthorne Bridge to the south, and the shoreline to 
the east and west.
    (ii) Enforcement period. One day in late May or early June.
    (3) Tri-City Chamber of Commerce Fireworks Display, Columbia Park, 
Kennewick, WA:
    (i) Location. Waters on the Columbia River bounded by shoreline to 
the north and south, Interstate 395 bridge to the east, and 1000 feet of 
water to the west of the launching barge which is centered at 46 degrees 
13 minutes 38 seconds North, 119 degrees 08 minutes 52 seconds West.
    (ii) Enforcement date. Every July 4th.
    (4) Cedco Inc. Fireworks Display, North Bend, OR
    (i) Location. Waters on the Coos River bounded by shoreline to the 
east and west and 1000 feet of water to the north and south of the 
launching barge which is centered at 43 degrees 23 minutes 45 seconds 
North, 124 degrees 12 minutes 50 seconds West.
    (ii) Enforcement period. One day in early July.
    (5) Astoria 4th of July Fireworks, Astoria, OR
    (i) Location. All waters of the Columbia River at Astoria, Oregon 
enclosed by the following points: North from the Oregon shoreline at 123 
degrees 50 minutes 1 second West to 46 degrees 11 minutes 50 seconds 
North, thence east to 123 degrees 49 minutes 15 seconds West, thence 
south to the Oregon shoreline and finally westerly along the Oregon 
shoreline to the point of origin.
    (ii) Enforcement period. One day in early July.
    (6) Oregon Food Bank Blues Festival Fireworks, Portland, OR
    (i) Location. Waters on the Willamette River bounded by the 
Hawthorne Bridge to the north, Marquam Bridge to the south, and 
shoreline to the east and west.
    (ii) Enforcement period. One day in early July.
    (7) Oregon Symphony Concert Fireworks Display, Portland, OR
    (i) Location. All waters of the Willamette River bounded by the 
Hawthorne Bridge to the north, Marquam Bridge to the south, and 
shoreline to the east and west.
    (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 the 
following points: 43[deg]58[min]05[sec] N, 124[deg]05[min]54[sec] W 
following the shoreline to 43[deg]58[min]20[sec] N 
124[deg]04[min]46[sec] W then south to 43[deg]58[min]07[sec] N 
124[deg]04[min]40[sec] W following the shoreline to 
43[deg]57[min]48[sec] N 124[deg]05[min]54[sec] W then back to the point 
of origin.
    (ii) Enforcement period. This section is enforced annually on 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 by the 
following points: 45[deg]28[min]26[sec] N 22[deg]39[min]43[sec] W 
following

[[Page 812]]

the shoreline to 45[deg]28[min]10[sec] N 122[deg]39[min]54[sec] W then 
west to 45[deg]28[min]41[sec] N 122[deg]40[min]06[sec] W following the 
shoreline to 45[deg]28[min]31[sec] N 122[deg]40[min]01[sec] W then back 
to the point of origin.
    (ii) Enforcement period. This section is enforced annually on 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 by the 
following points: 46[deg]06[min]04[sec] N, 122[deg]56[min]35[sec] W 
following the shoreline to 46[deg]05[min]53[sec] N 
122[deg]55[min]58[sec] W then south to 46[deg]05[min]24[sec] N 
122[deg]55[min]58[sec] W following the shoreline to 
46[deg]05[min]38[sec] N 122[deg]56[min]35[sec] W then back to the point 
of origin.
    (ii) Enforcement period. This section is enforced annually on 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 will be 
enforced on the third Saturday of July.
    (11) Ilwaco July 4th Committee Fireworks, Ilwaco, WA
    (i) Location. All water of the Columbia River extending out to 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 annually on 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 by the 
following points: 45[deg]26[min]41[sec] N, 122[deg]38[min]46[sec] W 
following the shoreline to 45[deg]26[min]17[sec] N 
122[deg]38[min]36[sec] W then west to 45[deg]26[min]17[sec] N 
122[deg]38[min]55[sec] W following the shoreline to 
45[deg]26[min]36[sec] N 122[deg]38[min]50[sec] W then back to the point 
of origin.
    (ii) Enforcement period. This section is enforced annually on 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 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 out to 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 annually on 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 to 1200 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 annually on July 
fourth from 9 p.m. to 11 p.m. (PDT).
    (15) Arlington Chamber of Commerce Fireworks Display, Arlington, OR:
    (i) Location. All waters of the Columbia River encompassed by lines 
connecting the following points in the vicinity of Arlington, Oregon: 
from the southern shore of the Columbia River at 45[deg]43[min]23[sec] N 
120[deg]12[min]11[sec] W, thence to 45[deg]43[min]29[sec] N 
120[deg]12[min]12[sec] W, thence to 45[deg]43[min]31[sec] N 
120[deg]12[min]06[sec] W, thence to the southern shore of the Columbia 
River at 45[deg]43[min]26[sec] N 120[deg] 12[min]12[sec] W.
    (ii) Enforcement period. This safety zone is in effect from 
approximately 8:30 p.m. to approximately 11:30 p.m. for one day during 
the last week of June or the first week of July each year.
    (16) East County 4th of July Fireworks, Gresham, OR:
    (i) Location. All waters of the Columbia River encompassed in a 500 
foot radius around position 45[deg]33[min]33[sec] N 
122[deg]27[min]03[sec] W.
    (ii) Enforcement period. This safety zone is in effect from 
approximately 8:30 p.m. to approximately 11:30 p.m. for one day during 
the first week of July each year.
    (17) Port of Cascade Locks July 5th Fireworks Display, Cascade 
Locks, OR:
    (i) Location. All waters of the Columbia River encompassed in a 500 
foot radius around position 45[deg]40[min]16[sec] N 
121[deg]53[min]38[sec] W.
    (ii) Enforcement period. This safety zone is in effect from 
approximately 8:30 p.m. to approximately 11:30 p.m. for one day during 
the first week of July each year.
    (18) Astoria Regatta Association Fireworks Display, Astoria, OR:
    (i) Location. All waters of the Columbia River encompassed by lines 
connecting the following points in the vicinity of Astoria, Oregon: from 
the southern shore of the Columbia River

[[Page 813]]

at 46[deg]22[min]34[sec] N 123[deg]48[min]33[sec] W, thence to 
46[deg]11[min]52[sec] N 123[deg]48[min]35[sec] W, thence to 
46[deg]11[min]52[sec] N 123[deg]48[min]19[sec] W, thence to the southern 
shore of the Columbia River at 46[deg]11[min]39[sec] N 123[deg] 
48[min]13[sec] W.
    (ii) Enforcement period. This safety zone is in effect from 
approximately 11:30 p.m. one day during the second weekend of August 
each year.
    (19) City of Washougal July 4th Fireworks Display, Washougal WA:
    (i) Location. All waters of the Columbia River encompassed by lines 
connecting the following points in the vicinity of Washougal, 
Washington: from the northern shore of the Columbia River at 
45[deg]33[min]50[sec] N 122[deg]20[min]16[sec] W, thence to 
45[deg]33[min]42[sec] N 122[deg]02[min]29[sec] W, thence to 
45[deg]33[min]53[sec] N 122[deg]20[min]39[sec] W, thence to the northern 
shore of the Columbia River at 45[deg]35[min]04[sec] N 
122[deg]20[min]53[sec] W.
    (ii) Enforcement period. This safety zone is in effect from 
approximately 8:30 p.m. to approximately 11:30 p.m. one day during the 
first week of July each year.
    (20) City of St. Helens 4th of July Fireworks Display, St. Helens, 
OR:
    (i) Location. All waters of the Columbia River encompassed in a 1200 
foot radius around position 45[deg]51[min]51[sec] N 
122[deg]47[min]22[sec] W.
    (ii) Enforcement period. This safety zone is in effect from 
approximately 8:30 p.m. to approximately 11:30 p.m. one day during the 
first week of July each year.
    (21) Waverly Country Club 4th of July Fireworks Display, Milwaukie, 
OR:
    (i) Location. All waters of the Willamette River encompassed by 
lines connecting the following points in the vicinity of Milwaukie, 
Oregon: from 45[deg]27[min]10[sec] N 122[deg]29[min]35[sec] W, thence to 
45[deg]27[min]12[sec] N 122[deg]39[min]25[sec] W, thence to 
45[deg]26[min]56[sec] N 122[deg]39[min]15[sec] W, thence to 
45[deg]26[min]52[sec] N 122[deg]39[min]25[sec] W.
    (ii) Enforcement period. This safety zone is in effect from 
approximately 8:30 p.m. to approximately 11:30 p.m. one day during the 
first week of July each year.
    (22) Booming Bay Fireworks, Westport, WA:
    (i) Location. All waters of Grays Harbor encompassed in a 600 foot 
radius around position 46[deg]54[min]14[sec] N 124[deg]06[min]08[sec] W.
    (ii) Enforcement period. This safety zone is in effect from 
approximately 8:30 p.m. to approximately 11:30 p.m. one day during the 
last week of June or the first week of July each year.
    (23) Hood River 4th of July, Hood River, OR:
    (i) Location. All waters of the Columbia River encompassed in a 1000 
foot radius around position 45[deg]42[min]58[sec] N 121[deg] 
30[sec]31[sec] W.
    (ii) Enforcement period. This safety zone is in effect from 8:30 
p.m. to approximately 11:30 p.m. one day during the last week of June or 
the first week of July each year.
    (24) Rufus 4th of July Fireworks, Rufus, OR:
    (i) Location. All waters of the Columbia River encompassed in a 500 
foot radius around position 45[deg]41[min]30[sec] N 
120[deg]45[min]47[sec] W.
    (ii) Enforcement period. This safety zone is in effect from 
approximately 8:30 p.m. to approximately 11:30 p.m. for one day during 
the last week of June or the first week of July each year.
    (b) Regulations. In accordance with Sec. 165.23 of this part, no 
person may enter or remain in these safety zones unless authorized by 
the Captain of the Port, Portland or his/her designated representative. 
Also in accordance with Sec. 165.23 of this part, no person may bring 
into, cause to be brought into, or allow to remain in these safety zones 
any vehicle, vessel, or object unless authorized by the Captain of the 
Port, Portland or his/her designated representative.
    (c) Notice. In accordance with Sec. 165.7 of this part, 
notification of the specific period of enforcement for each of these 
safety zones may be made by marine broadcast, local notice to mariners, 
local news media, distribution in leaflet form, on-scene oral notices, 
and/or publication in the Federal Register.

[CGD01-03-008, 68 FR 32368, May 30, 2003, as amended by CGD13-06-009, 71 
FR 30805, May 31, 2006; USCG-2008-1096, 74 FR 68161, Dec. 23, 2009]



Sec. 165.1316  Safety Zone; Columbia River, Astoria, Oregon.

    (a) Location. The following area is a safety zone: All waters of the 
Columbia River at Astoria, Oregon enclosed by the following points: 
North from the Oregon shoreline at 123[deg]49[min]36[sec] West to

[[Page 814]]

46[deg]11[min]51[sec] North thence east to 123[deg]48[min]53[sec] West 
thence south to the Oregon shoreline and finally westerly along the 
Oregon shoreline to the point of origin.
    (b) Regulations. In accordance with the general regulations in Sec. 
165.23 of this part, no person or vessel may enter or remain in this 
zone unless authorized by the Captain or the Port or his designated 
representatives.
    (c) Authority. In addition to 33 U.S.C. 1231, the authority for this 
section includes 33 U.S.C. 1226.
    (d) Enforcement period. This section will normally be enforced on 
the second Saturday of August from 9:30 p.m. (PDT) to 10:30 p.m. (PDT). 
Announcement of enforcement periods may be made by the methods described 
in 33 CFR 165.7, or any other reasonable method.

[CGD13-03-013, 68 FR 42290, July 17, 2003]



Sec. 165.1317  Security and Safety Zone; Large Passenger Vessel Protection, 

Puget Sound and adjacent waters, Washington.

    (a) Notice of enforcement or suspension of enforcement. The large 
passenger vessel security and safety zone established by this section 
will be enforced only upon notice by the Captain of the Port Puget 
Sound. Captain of the Port Puget Sound will cause notice of the 
enforcement of the large passenger vessel security and safety zone to be 
made by all appropriate means to effect the widest publicity among the 
affected segments of the public including publication in the Federal 
Register as practicable, in accordance with 33 CFR 165.7(a). Such means 
of notification may also include but are not limited to, Broadcast 
Notice to Mariners or Local Notice to Mariners. The Captain of the Port 
Puget Sound will issue a Broadcast Notice to Mariners and Local Notice 
to Mariners notifying the public when enforcement of the large passenger 
vessel security and safety zone is suspended.
    (b) Definitions. The following definitions apply to this section:
    Federal Law Enforcement Officer means any employee or agent of the 
United States government who has the authority to carry firearms and 
make warrantless arrests and whose duties involve the enforcement of 
criminal laws of the United States.
    Large Passenger Vessel means any cruise ship over 100 feet in length 
carrying passengers for hire, and any auto ferries and passenger ferries 
over 100 feet in length carrying passengers for hire such as the 
Washington State Ferries, M/V COHO and Alaskan Marine Highway Ferries. 
Large Passenger Vessel does not include vessels inspected and 
certificated under 46 CFR, Chapter I, Subchapter T such as excursion 
vessels, sight seeing vessels, dinner cruise vessels, and whale watching 
vessels.
    Large Passenger Vessel Security and Safety Zone is a regulated area 
of water established by this section, surrounding large passenger 
vessels for a 500-yard radius to provide for the security and safety of 
these vessels.
    Navigable waters of the United States means those waters defined as 
such in 33 CFR part 2.
    Navigation Rules means the Navigation Rules, International--Inland.
    Official Patrol means those persons designated by the Captain of the 
Port to monitor a large passenger vessel security and safety zone, 
permit entry into the zone, give legally enforceable orders to persons 
or vessels within the zone and take other actions authorized by the 
Captain of the Port. Persons authorized in paragraph (l) to enforce this 
section are designated as the Official Patrol.
    Public vessel means vessels owned, chartered, or operated by the 
United States, or by a State or political subdivision thereof.
    Washington Law Enforcement Officer means any General Authority 
Washington Peace Officer, Limited Authority Washington Peace Officer, or 
Specially Commissioned Washington Peace Officer as defined in Revised 
Code of Washington section 10.93.020.
    (c) Security and safety zone. There is established a large passenger 
vessel security and safety zone extending for a 500-yard radius around 
all large passenger vessels located in the navigable waters of the 
United States in Puget Sound, WA, east of 123[deg]30[min] West 
Longitude. [Datum: NAD 1983].
    (d) Compliance. The large passenger vessel security and safety zone 
established by this section remains in effect

[[Page 815]]

around large passenger vessels at all times, whether the large passenger 
vessel is underway, anchored, or moored. Upon notice of enforcement by 
the Captain of the Port Puget Sound, the Coast Guard will enforce the 
large passenger vessel security and safety zone in accordance with rules 
set out in this section. Upon notice of suspension of enforcement by the 
Captain of the Port Puget Sound, all persons and vessels are authorized 
to enter, transit, and exit the large passenger vessel security and 
safety zone, consistent with the Navigation Rules.
    (e) The Navigation Rules shall apply at all times within a large 
passenger vessel security and safety zone.
    (f) When within a large passenger vessel security and safety zone 
all vessels must operate at the minimum speed necessary to maintain a 
safe course and must proceed as directed by the on-scene official patrol 
or large passenger vessel master. No vessel or person is allowed within 
100 yards of a large passenger vessel that is underway or at anchor, 
unless authorized by the on-scene official patrol or large passenger 
vessel master. No vessel or person is allowed within 25 yards of a large 
passenger vessel that is moored.
    (g) To request authorization to operate within 100 yards of a large 
passenger vessel that is underway or at anchor, contact the on-scene 
official patrol or large passenger vessel master on VHF-FM channel 16 or 
13.
    (h) When conditions permit, the on-scene official patrol or large 
passenger vessel master should:
    (1) Permit vessels constrained by their navigational draft or 
restricted in their ability to maneuver to pass within 100 yards of a 
large passenger vessel in order to ensure a safe passage in accordance 
with the Navigation Rules; and
    (2) Permit vessels that must transit via a navigable channel or 
waterway to pass within 100 yards of an anchored large passenger vessel 
or within 25 yards of a moored large passenger vessel with minimal delay 
consistent with security.
    (i) When a large passenger vessel approaches within 100 yards of any 
vessel that is moored or anchored, the stationary vessel must stay 
moored or anchored while it remains within the large passenger vessel's 
security and safety zone unless it is either ordered by, or given 
permission by the Captain of the Port Puget Sound, his designated 
representative or the on-scene official patrol to do otherwise.
    (j) Exemption. Public vessels as defined in paragraph (b) of this 
section are exempt from complying with paragraphs (c), (d), (f), (g), 
(h), and (i), of this section.
    (k) Exception. 33 CFR part 161 contains Vessel Traffic Service 
regulations. When measures or directions issued by Vessel Traffic 
Service Puget Sound pursuant to 33 CFR part 161 also apply, the measures 
or directions govern rather than the regulations in this section.
    (l) Enforcement. Any Coast Guard commissioned, warrant or petty 
officer may enforce the rules in this section. In the navigable waters 
of the United States to which this section applies, when immediate 
action is required and representatives of the Coast Guard are not 
present or not present in sufficient force to provide effective 
enforcement of this section in the vicinity of a large passenger vessel, 
any Federal Law Enforcement Officer or Washington Law Enforcement 
Officer may enforce the rules contained in this section pursuant to 33 
CFR 6.04-11. In addition, the Captain of the Port may be assisted by 
other federal, state or local agencies in enforcing this section.
    (m) Waiver. The Captain of the Port Puget Sound may waive any of the 
requirements of this section for any vessel or class of vessels upon 
finding that a vessel or class of vessels, operational conditions or 
other circumstances are such that application of this section is 
unnecessary or impractical for the purpose of port security, safety or 
environmental safety.

[CGD13-03-018, 69 FR 2068, Jan. 14, 2004; 69 FR 4245, Jan. 29, 2004]



Sec. 165.1318  Security and Safety Zone Regulations, Large Passenger Vessel 

Protection, Portland, OR Captain of the Port Zone

    (a) Notice of enforcement or suspension of enforcement. The large 
passenger vessel security and safety zone established by this section 
will be enforced only

[[Page 816]]

upon notice by the Captain of the Port Portland. Captain of the Port 
Portland will cause notice of the enforcement of the large passenger 
vessel security and safety zone to be made by all appropriate means to 
effect the widest publicity among the affected segments of the public 
including publication in the Federal Register as practicable, in 
accordance with 33 CFR 165.7(a). Such means of notification may also 
include but are not limited to, Broadcast Notice to Mariners or Local 
Notice to Mariners. The Captain of the Port Portland will issue a 
Broadcast Notice to Mariners and Local Notice to Mariners notifying the 
public when enforcement of the large passenger vessel security and 
safety zone is suspended.
    (b) Definitions. As used in this section--
    Federal Law Enforcement Officer means any employee or agent of the 
United States government who has the authority to carry firearms and 
make warrantless arrests and whose duties involve the enforcement of 
criminal laws of the United States.
    Large passenger vessel means any vessel over 100 feet in length (33 
meters) carrying passengers for hire including, but not limited to, 
cruise ships, auto ferries, passenger ferries, and excursion vessels.
    Large passenger vessel security and safety zone is a regulated area 
of water, established by this section, surrounding large passenger 
vessels for a 500 yard radius that is necessary to provide for the 
security and safety of these vessels.
    Navigable waters of the United States means those waters defined as 
such in 33 CFR part 2.
    Navigation Rules means the Navigation Rules, International-Inland.
    Official Patrol means those persons designated by the Captain of the 
Port to monitor a large passenger vessel security and safety zone, 
permit entry into the zone, give legally enforceable orders to persons 
or vessels with in the zone and take other actions authorized by the 
Captain of the Port. Persons authorized as Federal Law Enforcement 
Officers to enforce this section are designated as the Official Patrol.
    Oregon Law Enforcement Officer means any Oregon Peace Officer as 
defined in Oregon Revised Statutes section 161.015.
    Public vessel means vessels owned, chartered, or operated by the 
United States, or by a State or political subdivision thereof.
    Washington Law Enforcement Officer means any General Authority 
Washington Peace Officer, Limited Authority Washington Peace Officer, or 
Specially Commissioned Washington Peace Officer as defined in Revised 
Code of Washington section 10.93.020.
    (c) Security and safety zone. There is established a large passenger 
vessel security and safety zone extending for a 500 yard radius around 
all large passenger vessels in the navigable waters of the United 
States, in Portland, OR at the Columbia River Bar ``C'' buoy and 
extending eastward on the Columbia River to Kennewick, WA and upriver 
through Lewiston, ID on the Snake River.
    (d) Compliance. The large passenger vessel security and safety zone 
established by this section remains in effect around large passenger 
vessels at all times, whether the large passenger vessel is underway, 
anchored, or moored. Upon notice of enforcement by the Captain of the 
Port Portland, the Coast Guard will enforce the large passenger vessel 
security and safety zone in accordance with rules set out in this 
section. Upon notice of suspension of enforcement by the Captain of the 
Port Portland, all persons and vessels are authorized to enter, transit, 
and exit the large passenger vessel security and safety zone, consistent 
with the Navigation Rules.
    (e) Navigation Rules. The Navigation Rules shall apply at all times 
within a large passenger vessel security and safety zone.
    (f) Restrictions based on distance from large passenger vessel. When 
within a large passenger vessel security and safety zone, all vessels 
shall operate at the minimum speed necessary to maintain a safe course 
and shall proceed as directed by the on-scene official patrol or large 
passenger vessel master. No vessel or person is allowed within 100 yards 
of a large passenger vessel that is underway or at anchor, unless 
authorized by the on-scene official patrol or large passenger vessel 
master.

[[Page 817]]

    (g) Requesting authorization to operate within 100 yards of large 
passenger vessel. To request authorization to operate within 100 yards 
of a large passenger vessel that is underway or at anchor, contact the 
on-scene official patrol or large passenger vessel master on VHF-FM 
channel 16 or 13.
    (h) Maneuver-restricted vessels. When conditions permit, the on-
scene official patrol or large passenger vessel master should:
    (1) Permit vessels constrained by their navigational draft or 
restricted in their ability to maneuver to pass within 100 yards of a 
large passenger vessel in order to ensure a safe passage in accordance 
with the Navigation Rules; and
    (2) Permit commercial vessels anchored in a designated anchorage 
area to remain at anchor within 100 yards of a passing large passenger 
vessel; and
    (3) Permit vessels that must transit via a navigable channel or 
waterway to pass within 100 yards of an anchored large passenger vessel.
    (i) Stationary vessels. When a large passenger vessel approaches 
within 100 yards of any vessel that is moored or anchored, the 
stationary vessel must stay moored or anchored while it remains with in 
the large passenger vessel's security and safety zone unless it is 
either ordered by, or given permission by the Captain of the Port 
Portland, his designated representative or the on-scene official patrol 
to do otherwise.
    (j) Exemption. Public vessels as defined in paragraph (b) of this 
section are exempt from complying with paragraphs (c), (d), (f), (g), 
(h), and (i), of this section.
    (k) Enforcement. Any Coast Guard commissioned, warrant or petty 
officer may enforce the rules in this section. In the navigable waters 
of the United States to which this section applies, when immediate 
action is required and representatives of the Coast Guard are not 
present or not present in sufficient force to provide effective 
enforcement of this section in the vicinity of a large passenger vessel, 
any Federal Law Enforcement Officer, Oregon Law Enforcement Officer or 
Washington Law Enforcement Officer may enforce the rules contained in 
this section pursuant to 33 CFR 6.04-11. In addition, the Captain of the 
Port may be assisted by other federal, state or local agencies in 
enforcing this section.
    (l) Waiver. The Captain of the Port Portland may waive any of the 
requirements of this section for any vessel or class of vessels upon 
finding that a vessel or class of vessels, operational conditions or 
other circumstances are such that application of this section is 
unnecessary or impractical for the purpose of port security, safety or 
environmental safety.

[CGD13-03-022, 68 FR 53679, Sept. 12, 2003]



Sec. 165.1319  Safety Zone Regulations, Seafair Blue Angels Air Show 

Performance, Seattle, WA.

    (a) Enforcement period. This section will be enforced annually 
during the last week in July and the first two weeks of August from 8 
a.m. until 4 p.m., each day during the event. The event will be one week 
or less in duration. The specific dates during this time frame will be 
published in the Federal Register.
    (b) Location. The following is a safety zone: All waters of Lake 
Washington, Washington State, enclosed by the following points: Near the 
termination of Roanoke Way 47[deg]35[min]44[sec] N, 
122[deg]14[min]47[sec] W; thence to 47[deg]35[min]48[sec] N, 
122[deg]15[min]45[sec] W; thence to 47[deg]36[min]02.1[sec] N, 
122[deg]15[min]50.2[sec] W; thence to 47[deg]35[min]56.6[sec] N, 
122[deg]16[min]29.2[sec] W; thence to 47[deg]35[min]42[sec] N, 
122[deg]16[min]24[sec] W; thence to the east side of the entrance to the 
west highrise of the Interstate 90 bridge; thence westerly along the 
south side of the bridge to the shoreline on the western terminus of the 
bridge; thence southerly along the shoreline to Andrews Bay at 
47[deg]33[min]06[sec] N, 122[deg]15[min]32[sec] W; thence northeast 
along the shoreline of Bailey Peninsula to its northeast point at 
47[deg]33[min]44[sec] N, 122[deg]15[min]04[sec] W; thence easterly along 
the east-west line drawn tangent to Bailey Peninsula; thence northerly 
along the shore of Mercer Island to the point of origin. [Datum: NAD 
1983]
    (c) Regulations. In accordance with the general regulations in 33 
CFR Part 165, Subpart C, no person or vessel may enter or remain in the 
zone except for support vessels and support personnel, vessels 
registered with the event organizer, or other vessels authorized by

[[Page 818]]

the Captain of the Port or his designated representatives. Vessels and 
persons granted authorization to enter the safety zone shall obey all 
lawful orders or directions of the Captain of the Port or his designated 
representatives.

[CGD13-04-002, 69 FR 35250, June 24, 2004]



Sec. 165.1321  Security Zone; Protection of Military Cargo, Captain of the 

Port Zone Puget Sound, WA.

    (a) Notice of enforcement or suspension of enforcement. The Captain 
of the Port Puget Sound will enforce the security zones established by 
this section only upon notice. Captain of the Port Puget Sound will 
cause notice of the enforcement of these security zone to be made by all 
appropriate means to effect the widest publicity among the affected 
segments of the public including publication in the Federal Register as 
practicable, in accordance with 33 CFR 165.7(a). Such means of 
notification may also include but are not limited to, Broadcast Notice 
to Mariners or Local Notice to Mariners. The Captain of the Port Puget 
Sound will issue a Broadcast Notice to Mariners and Local Notice to 
Mariners notifying the public when enforcement of these security zones 
is suspended.
    (b) Definitions. The following definitions apply to this section:
    Designated Representative means those persons designated by the 
Captain of the Port to monitor these security zones, permit entry into 
these zones, give legally enforceable orders to persons or vessels with 
in these zones and take other actions authorized by the Captain of the 
Port. Persons authorized in paragraph (g) to enforce this section and 
Vessel Traffic Service Puget Sound (VTS) are Designated Representatives.
    Federal Law Enforcement Officer means any employee or agent of the 
United States government who has the authority to carry firearms and 
make warrantless arrests and whose duties involve the enforcement of 
criminal laws of the United States.
    Navigable waters of the United States means those waters defined as 
such in 33 CFR Part 2.
    Public vessel means vessels owned, chartered, or operated by the 
United States, or by a State or political subdivision thereof.
    Washington Law Enforcement Officer means any General Authority 
Washington Peace Officer, Limited Authority Washington Peace Officer, or 
Specially Commissioned Washington Peace Officer as defined in Revised 
Code of Washington section 10.93.020.
    (c) Security zone. The following areas are security zones:
    (1) Blair Waterway Security Zone: The Security Zone in the Blair 
Waterway, Commencement Bay, WA, includes all waters enclosed by a line 
connecting the following points: 47[deg]16[min]57[min][min] N, 
122[deg]24[min]39[min][min] W, which is approximately the beginning of 
Pier No. 23 (also known as the Army pier); then northwesterly to 
47[deg]17[min]05[min][min] N, 122[deg]24[min]52[min][min] W, which is 
the end of the Pier No. 23 (Army pier); then southwesterly to 
47[deg]16[min]42[min][min] N, 122[deg]25[min] 18[min][min] W, which is 
the approximate location of a private buoy on the end of the sewage 
outfall; then southeasterly to 47[deg]16[min]33[min][min] N, 
122[deg]25[min]04[min][min] W, which is approximately the northwestern 
end of Pier No. 5; then northeasterly to the northwestern end of Pier 
No. 1; then southeasterly along the shoreline of the Blair Waterway to 
the Blair Waterway turning basin; then along the shoreline around the 
Blair Waterway turning basin; then northwesterly along the shoreline of 
the Blair Waterway to the Commencement Bay Directional Light (light list 
number 17159); then northeasterly along the shoreline to the point of 
origin. [Datum: NAD 1983].
    (2) Sitcum Waterway Security Zone: The Security Zone in the Sitcum 
Waterway, Commencement Bay, WA, includes all waters enclosed by a line 
connecting the following points: 47[deg]16[min]33[min][min] N, 
122[deg]25[min]04[min][min] W, which is approximately the northwestern 
end of Pier No. 5; then northwesterly to 47[deg]16[min]42[min][min] N, 
122[deg]25[min]18[min][min] W, which is the approximate location of a 
private buoy on the end of the sewage outfall; then southwesterly to 
47[deg]16[min]23[min][min] N, 122[deg]25[min]36[min][min] W; then 
southeasterly to 47[deg]16[min]10[min][min] N, 
122[deg]25[min]27[min][min] W, which is the northwestern corner of Pier 
No. 2; then extending northeasterly to 47[deg]16[min]13[min][min] N, 
122[deg]25[min]13[min][min] W; then extending southeasterly along the 
shoreline of the Sitcum Waterway; then northeasterly along the shoreline

[[Page 819]]

at the terminus of the Sitcum Waterway and then northwesterly along the 
shoreline of the Sitcum Waterway; then northeasterly along the shoreline 
of Pier No. 5 to the point of origin. [Datum: NAD 1983].
    (3) Budd Inlet Security Zone: The Security Zone in Budd Inlet, West 
Bay, Olympia WA includes all waters enclosed by a line connecting the 
following points: 47[deg]03[min]12[sec] N, 122[deg]54[min]21[sec] W, 
which is approximately the northwestern end of the fence line enclosing 
Berth 1 at Port of Olympia; then northerly to 47[deg]03[min]15[sec] N, 
122[deg]54[min]21[sec] W, which is the approximate 300 feet north along 
the shoreline; then westerly to 47[deg]03[min]15[sec] N, 
122[deg]54[min]26[sec] W; then southerly to 47[deg]03[min]06[sec] N, 
122[deg]54[min]26[sec] W; then southeasterly to 47[deg]03[min]03[sec] N, 
122[deg]54[min]20[sec] W, which is approximately the end of the T-shaped 
pier; then north to 47[deg]03[min]04[sec] N, 122[deg]54[min]19.5[sec] W, 
which is approximately the southwestern corner of berth 1; then 
northerly along the shoreline to the point of origin. [Datum: NAD 1983].
    (d) Obtaining permission to enter, move within, or exit the security 
zones. All vessels must obtain permission from the COTP or a Designated 
Representative to enter, move within, or exit the security zones 
established in this section when these security zones are enforced. 
Vessels 20 meters or greater in length should seek permission from the 
COTP or a Designated Representative at least 4 hours in advance. Vessels 
less than 20 meters in length should seek permission at least 1 hour in 
advance. VTS Puget Sound may be reached on VHF channel 14.
    (e) Compliance. Upon notice of enforcement by the Captain of the 
Port Puget Sound, the Coast Guard will enforce these security zones in 
accordance with rules set out in this section. Upon notice of suspension 
of enforcement by the Captain of the Port Puget Sound, all persons and 
vessels are authorized to enter, transit, and exit these security zones.
    (f) Regulations. Under the general regulations in 33 CFR part 165 
subpart D, this section applies to any vessel or person in the navigable 
waters of the United States to which this section applies. No person or 
vessel may enter the security zones established in this section unless 
authorized by the Captain of the Port or his designated representatives. 
Vessels and persons granted permission to enter the security zone shall 
obey all lawful orders or directions of the Captain of the Port or his 
designated representatives. All vessels shall operate at the minimum 
speed necessary to maintain a safe course.
    (g) Enforcement. Any Coast Guard commissioned, warrant or petty 
officer may enforce the rules in this section. In the navigable waters 
of the United States to which this section applies, when immediate 
action is required and representatives of the Coast Guard are not 
present or not present in sufficient force to provide effective 
enforcement of this section, any Federal Law Enforcement Officer or 
Washington Law Enforcement Officer may enforce the rules contained in 
this section pursuant to 33 CFR 6.04-11. In addition, the Captain of the 
Port may be assisted by other federal, state or local agencies in 
enforcing this section pursuant to 33 CFR 6.04-11.
    (h) Exemption. Public vessels as defined in paragraph (b) of this 
section are exempt from the requirements in this section.
    (i) Waiver. For any vessel, the Captain of the Port Puget Sound may 
waive any of the requirements of this section, upon finding that 
operational conditions or other circumstances are such that application 
of this section is unnecessary or impractical for the purpose of port 
security, safety or environmental safety.

[CGD13-04-019, 69 FR 52603, Aug. 27, 2004, as amended by CGD13-04-040, 
69 FR 71711, Dec. 10, 2004; CGD13-04-46, 70 FR 2019, Jan. 12, 2005; 
CGD13-05-031, 70 FR 45537, Aug. 8, 2005]



Sec. 165.1322  Regulated Navigation Area: Willamette River Portland, Oregon 

Captain of the Port Zone.

    (a) Location. The following is a regulated navigation area (RNA): 
All waters of the Willamette River encompassed by a line commencing at 
45[deg]34[min].47[sec] N, 122[deg]45[min]28[sec] W along the shoreline 
to 45[deg]34[min]47[sec] N, 122[deg]45[min]30[sec] W thence to 45[deg] 
34[min]47[sec] N, 122[deg]45[min]30[sec] W thence to 
45[deg]34[min]48[sec] N, 122[deg]45[min]30[sec] W thence to 
45[deg]34[min]48[sec] N, 122[deg]45[min]30[sec] W thence to 
45[deg]34[min]48[sec] N, 122[deg]45[min]28[sec] W thence to 
45[deg]34[min]47[sec] N, 122[deg]45[min]28[sec] W and back to the

[[Page 820]]

point of origin. All coordinates reference 1983 North American Datum 
(NAD 83).
    (b) Regulations. (1) Motoring, anchoring, dragging, dredging, or 
trawling are prohibited in the regulated area.
    (2) All vessels transiting or accessing the regulated area shall do 
so at a no wake speed or at the minimum speed necessary to maintain 
steerage.

[USCG-2008-0112, 74 FR 5988, Feb. 4, 2009]



Sec. 165.1323  Regulated Navigation Area: Willamette River Portland, Oregon 

Captain of the Port Zone.

    (a) Location. The following is a regulated navigation area (RNA): 
All waters of the Willamette River encompassed by a line commencing at 
45[deg]34[min].33[sec] N, 122[deg]44[min]17[sec] W to 
45[deg]34[min]32[sec] N, 122[deg]44[min]18[sec] W thence to 
45[deg]34[min]35[sec] N, 122[deg]44[min]24[sec] W thence to 
45[deg]34[min]35[sec] N, 122[deg]44[min]27[sec] W thence to 
45[deg]34[min]35[sec] N, 122[deg]44[min]36[sec] W thence to 
45[deg]34[min]35[sec] N, 122[deg]44[min]37[sec] W thence to 
45[deg]34[min]38[sec] N, 122[deg]44[min]42[sec] W to 
45[deg]34[min]39[sec] N, 122[deg]44[min]43[sec] W thence to 
45[deg]34[min]44[sec] N, 122[deg]44[min]51[sec] W thence to 
45[deg]34[min]45[sec] N, 122[deg]44[min]53[sec] W thence to 
45[deg]34[min]47'' N, 122[deg]44[min]51[sec] W thence to 
45[deg]34[min]45[sec] N, 122[deg]44[min]46[sec] W to 
45[deg]34[min]45[sec] N, 122[deg]44[min]45[sec] W thence to 
45[deg]34[min]47[sec] N, 122[deg]44[min]43[sec] W thence to 
45[deg]34[min]46[sec] N, 122[deg]44[min]42[sec] W thence to 
45[deg]34[min]48[sec] N, 122[deg]44[min]40'' W thence to 
45[deg]34[min]48[sec] N, 122[deg]44[min]38[sec] W and along the 
shoreline to 45[deg]34[min]46[sec] N, 122[deg]44[min]39[sec] W and back 
to the point of origin. All coordinates reference 1983 North American 
Datum (NAD 83).
    (b) Regulations. (1) Anchoring, spudding, dredging, laying cable, 
dragging, trawling, conducting salvage operations, operating commercial 
vessels of any size, and operating recreational vessels greater than 30 
feet in length are prohibited in the regulated area.
    (2) All vessels transiting or accessing the regulated area shall do 
so at no wake speed or at the minimum speed necessary to maintain 
steerage.

[USCG-2008-0121, 74 FR 5991, Feb. 4, 2009]



Sec. 165.1324  Safety and Security Zone; Cruise Ship Protection, Elliott Bay 

and Pier-91, Seattle, Washington.

    (a) Safety and security zones. (1) The following area is a safety 
and security zone: All waters within the following points: a rectangle, 
starting at 47[deg]37[min]53[sec] N/122[deg]23[min]07[sec] W, thence 
south to position 47[deg]37[min]06[sec] N/122[deg]23[min]07[sec] W, 
thence east to position 47[deg]37[min]06[sec] N/122[deg]22[min]43[sec] 
W, thence north to position 47[deg]37[min]58[sec] N/
122[deg]22[min]43[sec] W. This zone will be enforced only during the 
arrival or departure of Large Passenger Cruise Vessels at Pier 91, 
Seattle, Washington.
    (2) The following area is a safety and security zone: All waters 
within 100 yards of Pier 91, Seattle, Washington, at approximate 
position 47[deg]37[min]35[sec] N/122[deg]23[min]00[sec] W. This zone 
will be enforced only when a Large Passenger Cruise Vessel is moored at 
Pier 91.
    (b) Regulations. In accordance with the general regulations in 33 
CFR Part 165, Subpart D, no person or vessel may enter or remain in 
either Safety and Security Zone except for vessels authorized by the 
Captain of the Port or Designated Representatives.
    (c) Definitions. The following definitions apply to this section:
    Facility Security Officer means the person designated as responsible 
for the development, implementation, revision and maintenance of the 
facility security plan and for liaison with the COTP and Company and 
Vessel Security Officers.
    Large Passenger Cruise Vessel means any cruise ship over 100 feet in 
length carrying passengers for hire. Large Passenger Cruise Vessel does 
not include vessels inspected and certificated under 46 CFR, Chapter I, 
Subchapter T such as excursion vessels, sight seeing vessels, dinner 
cruise vessels, and whale watching vessels.
    Official Patrol means those persons designated by the Captain of the 
Port to monitor a Large Passenger Cruise Vessel security and safety 
zone, permit entry into the zone, give legally enforceable orders to 
persons or vessels within the zone and take other actions authorized by 
the Captain of the Port. Persons authorized in paragraph (e) to enforce 
this section are designated as the Official Patrol.
    (d) Authorization. To request authorization to operate within 100 
yards of a Large Passenger Cruise Vessel that is moored at Pier 91, 
contact the on-scene Official Patrol on VHF-FM channel 16 or 13 or the 
Facility Security Officer at (206) 728-3688.

[[Page 821]]

    (e) Enforcement. Any Coast Guard commissioned, warrant or petty 
officer may enforce the rules in this section. In the navigable waters 
of the United States to which this section applies, when immediate 
action is required and representatives of the Coast Guard are not 
present or not present in sufficient force to provide effective 
enforcement of this section in the vicinity of a Large Passenger Cruise 
Vessel, any Federal or Washington Law Enforcement Officer may enforce 
the rules contained in this section pursuant to 33 CFR 6.04-11. In 
addition, the Captain of the Port may be assisted by other Federal, 
state or local agencies in enforcing this section.
    (f) Waiver. The Captain of the Port Puget Sound may waive any of the 
requirements of this section for any vessel or class of vessels upon 
finding that a vessel or class of vessels, operational conditions or 
other circumstances are such that application of this section is 
unnecessary or impractical for the purpose of port security, safety or 
environmental safety.

[USCG-2009-0331, 74 FR 42028, Aug. 20, 2009]



Sec. 165.1325  Regulated Navigation Areas; Bars Along the Coasts of Oregon and 

Washington.

    (a) Regulated navigation areas. Each of the following areas is a 
regulated navigation area:
    (1) Quillayute River Entrance, Wash.: From the west end of James 
Island 47[deg]54[min]23[min] N., 124[deg]39[min]05[min] W. southward to 
buoy No. 2 at 47[deg]53[min]42[min] N., 124[deg]38[min]42[min] W. 
eastward to the shoreline at 47[deg]53[min]42[min] N., 
124[deg]37[min]51[min] W., thence northward along the shoreline to 
47[deg]54[min]29[min] N., 124[deg]38[min]20[min] W. thence northward to 
47[deg]54[min]36[min] N., 124[deg]38[min]22[min] W. thence westward to 
the beginning.
    (2) Grays Harbor Entrance, Wash.: From a point on the shoreline 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 the shoreline 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 jetty 46[deg]54[min]20[sec] N., 
124[deg]08[min]07[sec] W. thence eastward 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 at 
46[deg]56[min]50[sec] N., 124[deg]06[min]30[sec] W. thence westward 
along the north shoreline of the harbor to the north jetty at 
46[deg]55[min]40[sec] N., 124[deg]10[min]27[sec] W. thence northward 
along the shoreline to the beginning.
    (3) Willapa Bay, Wash.: From a point on the shoreline at 
46[deg]46[min]00[sec] N., 124[deg]05[min]40[sec] W. westward to 
46[deg]44[min]00[sec] N., 124[deg]10[min]45[sec] W. thence eastward to a 
point on the shoreline at 46[deg]35[min]00[sec] N., 
124[deg]03[min]45[sec] W. thence northward along the shoreline around 
the north end of Leadbetter Point thence southward along the east 
shoreline of Leadbetter Point to 46[deg]36[min]00[sec] N., 
124[deg]02[min]15[sec] W. thence eastward to 46[deg]36[min]00[sec] N., 
124[deg]00[min]00[sec] W. thence northward to Toke point at 
46[deg]42[min]15[sec] N., 123[deg]58[min]00[sec] W. thence westward 
along the north shoreline of the harbor and northward along the seaward 
shoreline to the beginning.
    (4) Columbia River Bar, Wash.-Oreg.: From a point on the shoreline 
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 
to 46[deg]12[min]00[sec] N., 124[deg]09[min]30[sec] W. thence eastward 
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 Range Front 
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 of Sand 
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 the harbor at 
46[deg]16[min]25[sec] N., 124[deg]02[min]28[sec] W. thence northwestward 
and southwestward along the north shoreline of the harbor and northward 
along the seaward shoreline to the beginning.
    (5) Nehalem River Bar, Oreg.: From a point on the shoreline 
45[deg]41[min]25[sec] N., 123[deg]56[min]16[sec] W. thence westward 
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 the shoreline 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 south jetty at 45[deg]39[min]40[sec] N., 
123[deg]55[min]45[sec] W. thence westward to a point on the shoreline at 
45[deg]39[min]45[sec] N., 123[deg]56[min]19[sec] W. thence northward 
along the shoreline to the beginning.
    (6) Tillamook Bay Bar, Oreg.: From a point on the shoreline at 
45[deg]35[min]15[sec] N., 123[deg]57[min]05[sec] W. thence westward 
45[deg]35[min]15[sec] N., 124[deg]00[min]00[sec] W. thence southward to

[[Page 822]]

45[deg]30[min]00[sec] N., 124[deg]00[min]00[sec] W. thence eastward to a 
point on the shoreline 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 Kincheloe Point 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 at 45[deg]33[min]40[sec] N., 
123[deg]55[min]59[sec] W. thence westward along the north shoreline of 
the harbor then northward along the seaward shoreline to the beginning.
    (7) Netarts Bay Bar, Oreg.: From a point on the shoreline at 
45[deg]28[min]05[sec] N. thence westward to 45[deg]28[min]05[sec] N., 
124[deg]00[min]00[sec] W. thence southward to 45[deg]24[min]00[sec] N., 
124[deg]00[min]00[sec] W. thence eastward to a point on the shoreline at 
45[deg]24[min]00[sec] N., 123[deg]57[min]45[sec] W. thence northward 
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 north shoreline of the harbor at 
45[deg]26[min]00[sec] N., 123[deg]56[min]57[sec] W. thence northward 
along the shoreline to the beginning.
    (8) Siletz Bay Bar, Oreg.: From a point on the shoreline at 
44[deg]56[min]32[sec] N., 124[deg]01[min]29[sec] W. thence westward 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 the shoreline 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 north shoreline of the harbor at 44[deg]55[min]45[sec] 
N., 124[deg]01[min]20[sec] W. thence westward and northward along the 
shoreline to the beginning.
    (9) Depoe Bay Bar, Oreg.: From a point on the shoreline at 
44[deg]49[min]15[sec] N., 124[deg]04[min]00[sec] W. thence westward 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 the shoreline 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 bank of the entrance channel to the highway 
bridge thence northward to the north bank at the bridge thence westward 
along the north bank of the entrance channel and northward along the 
seaward shoreline to the beginning.
    (10) Yaquina Bay Bar, Oreg.: From a point on the shoreline at 
44[deg]38[min]11[sec] N., 124[deg]03[min]47[sec] W. thence westward 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 the shoreline 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 bank of the entrance channel to the highway 
bridge thence northward to the north bank of the entrance channel at the 
bridge thence westward along the north bank of the entrance channel and 
northward along the seaway shoreline to the beginning.
    (11) Siuslaw River Bar, Oreg.: From a point on the shoreline at 
44[deg]02[min]00[sec] N., 124[deg]08[min]00[sec] W. thence westward 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 the shoreline 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 bank of the entrance channel to 
44[deg]00[min]35[sec] N., 124[deg]07[min]48[sec] W. thence southeastward 
to a point on the east 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 of the entrance channel and northward along the 
seaward shoreline to the beginning.
    (12) Umpqua River Bar, Oreg.: From a point on the shoreline at 
43[deg]41[min]20[sec] N., 124[deg]11[min]58[sec] W. thence westward 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 the shoreline at 43[deg]38[min]35[sec] N., 
124[deg]12[min]35[sec] W. thence northward along the shoreline to light 
``8[sec] at 43[deg]40[min]57[sec] N., 124[deg]11[min]13[sec] W. thence 
southwestward to a point on the west bank of the entrance channel at 
43[deg]40[min]52[sec] N., 124[deg]11[min]34[sec] W. thence southwestward 
along the west bank of the entrance channel thence northward along the 
seaward shoreline to the beginning.
    (13) Coos Bay Bar, Oreg.: From a point on the shoreline at 
43[deg]22[min]15[min] N., 124[deg]19[min]34[min] W. thence westward to 
43[deg]22[min]20[min] N., 124[deg]22[min]28[min] W. thence southwestward 
to 43[deg]21[min]00[min] N., 124[deg]23[min]35[min] W. thence 
southeastward to a point on the shoreline at 43[deg]20[min]25[min] N., 
124[deg]22[min]28[min] W. thence northward along the shoreline and 
eastward along the south shore of the entrance channel to a point on the 
shoreline at 43[deg]20[min]52[min] N., 124[deg]19[min]12[min] W. thence 
eastward to a point on the east shoreline of the harbor at 
43[deg]21[min]00[min] N., 124[deg]18[min]50[min] W. thence northward to 
a point on the west shoreline of the harbor at 43[deg]21[min]45[min] N., 
124[deg]19[min]10[min] W. thence south and west along the west shoreline 
of the harbor thence northward along the seaward shoreline to the 
beginning.

[[Page 823]]

    (14) Coquille River Bar, Oreg.: From a point on the shoreline at 
43[deg]08[min]25[min] N., 124[deg]25[min]04[min] W. thence southwestward 
to 43[deg]07[min]50[min] N., 124[deg]27[min]05[min] W. thence 
southwestward to 43[deg]07[min]03[min] N., 124[deg]28[min]25[min] W. 
thence eastward to a point on the shoreline at 43[deg]06[min]00[min] N., 
124[deg]25[min]55[min] W. thence northward along the shoreline and 
eastward along the south shoreline of the channel entrance to 
43[deg]07[min]17[min] N., 124[deg]25[min]00[min] W. thence northward to 
the east end of the north jetty at 43[deg]07[min]24[min] N., 
124[deg]24[min]59[min] W. thence westward along the north shoreline of 
the entrance channel and northward along the seaward shoreline to the 
beginning.
    (15) Rogue River Bar, Oreg.: From a point on the shoreline at 
42[deg]26[min]25[min] N., 124[deg]26[min]03[min] W. thence westward to 
42[deg]26[min]10[min] N., 124[deg]27[min]05[min] W. thence southward to 
42[deg]24[min]15[min] N., 124[deg]27[min]05[min] W. thence eastward to a 
point on the shoreline at 42[deg]24[min]15[min] N., 
124[deg]25[min]30[min] W. thence northward along the shoreline and 
eastward along the south shoreline of the entrance channel to the 
highway bridge thence northward across the inner harbor jetty to a point 
on the north shoreline of the entrance channel at the highway bridge 
thence westward along the north shoreline of the entrance channel thence 
northward along the seaward shoreline to the beginning.
    (16) Chetco River Bar, Oreg.: From a point on the shoreline at 
42[deg]02[min]35[min] N., 124[deg]17[min]20[min] W. thence southeastward 
to 42[deg]01[min]45[min] N., 124[deg]16[min]30[min] W. thence 
northwestward to a point on the shoreline at 42[deg]02[min]10[min] N., 
124[deg]15[min]35[min] W. thence northwestward along the shoreline 
thence northward along the east shoreline of the channel entrance to 
42[deg]02[min]47[min] N., 124[deg]16[min]03[min] W. thence northward 
along the west face of the inner jetty and east shoreline of the channel 
entrance to the highway bridge thence westward to the west shoreline of 
the channel at the highway bridge thence southward along the west 
shoreline of the channel thence westward along the seaward shoreline to 
the beginning.
    (b) Definitions. For the purposes of this section:
    (1) Bar closure means that the operation of any vessel within a 
regulated navigation area established in paragraph (a) of this section 
has been prohibited by the Coast Guard.
    (2) Bar crossing plan (also known as a Go/No-Go plan) means a plan 
developed by local industry professionals, in coordination with the 
Coast Guard, for a bar within a regulated navigation area established in 
paragraph (a) of this section and adopted by the master or operator of a 
small passenger vessel to guide his vessel's operations on and in the 
vicinity of that bar.
    (3) Bar restriction means that operation of a recreational or 
uninspected passenger vessel within a regulated navigation area 
established in paragraph (a) of this section has been prohibited by the 
Coast Guard.
    (4) Commercial fishing industry vessel means a fishing vessel, fish 
tender vessel, or a fish processing vessel.
    (5) Designated representative means any Coast Guard commissioned, 
warrant, or petty officer that has been authorized by the Captain of the 
Port to act on his behalf.
    (6) Fish processing vessel means a vessel that commercially prepares 
fish or fish products other than by gutting, decapitating, gilling, 
skinning, shucking, icing, freezing, or brine chilling.
    (7) Fish tender vessel means a vessel that commercially supplies, 
stores, refrigerates, or transports fish, fish products, or materials 
directly related to fishing or the preparation of fish to or from a 
fishing, fish processing, or fish tender vessel or a fish processing 
facility.
    (8) Fishing vessel means a vessel that commercially engages in the 
catching, taking, or harvesting of fish or an activity that can 
reasonably be expected to result in the catching, taking, or harvesting 
of fish.
    (9) Readily accessible means equipment that is taken out of stowage 
and is available within the same space as any person for immediate use 
during an emergency.
    (10) Recreational vessel is any vessel manufactured or used 
primarily for non-commercial use or leased, rented, or chartered to 
another for the latter's non-commercial use. It does not include a 
vessel engaged in carrying paying passengers.
    (11) Small passenger vessel means a vessel inspected under 46 CFR 
subchapter T or 46 CFR subchapter K.

[[Page 824]]

    (12) Uninspected passenger vessel means an uninspected vessel--
    (i) Of at least 100 gross tons;
    (A) Carrying not more than 12 passengers, including at
    least one passenger-for-hire; or
    (B) That is chartered with the crew provided or specified by the 
owner or the owner's representative and carrying not more than 12 
passengers; or
    (ii) Of less than 100 gross tons;
    (A) Carrying not more than six passengers, including at least one 
passenger-for-hire; or
    (B) That is chartered with the crew provided or specified by the 
owner or the owner's representative and carrying not more than six 
passengers.
    (13) Unsafe condition exists when the wave height within a regulated 
navigation area identified in paragraph (a) of this section is equal to 
or greater than the maximum wave height determined by the formula L/10 + 
F = W where:

L = Overall length of a vessel measured in feet in a straight horizontal 
          line along and parallel with the centerline between the 
          intersections of this line with the vertical planes of the 
          stem and stern profiles excluding deckhouses and equipment.
F = The minimum freeboard when measured in feet from the lowest point 
          along the upper strake edge to the surface of the water.
W = Maximum wave height in feet to the nearest highest whole number.

    (c) Regulations--(1)(i) Bar restriction. Passage across the bars 
located in the regulated navigation areas established in paragraph (a) 
of this section will be restricted for recreational and uninspected 
passenger vessels as determined by the Captain of the Port (COTP) or his 
designated representative. In making this determination, the COTP or his 
designated representative will determine whether an unsafe condition 
exists for such vessels as defined in paragraph (b) of this section. 
Additionally, the COTP or his designated representative will use their 
professional maritime experience and knowledge of local environmental 
conditions in making their determination. Factors that will be 
considered include, but are not limited to: size and type of vessel, sea 
state, winds, wave period, and tidal currents. When a bar is restricted, 
the operation of recreational and uninspected passenger vessels in the 
regulated navigation area established in paragraph (a) of this section 
in which the restricted bar is located is prohibited unless specifically 
authorized by the COTP or his designated representative.
    (ii) Bar closure. The bars located in the regulated navigation areas 
established in paragraph (a) of this section will be closed to all 
vessels whenever environmental conditions exceed the operational 
limitations of the relevant Coast Guard search and rescue resources as 
determined by the COTP. When a bar is closed, the operation of any 
vessel in the regulated navigation area established in paragraph (a) of 
this section in which the closed bar is located is prohibited unless 
specifically authorized by the COTP or his designated representative. 
For bars having deep draft vessel access, the COTP will consult with the 
local pilots association, when practicable, prior to closing the 
affected bar.
    (iii) The Coast Guard will notify the public of bar restrictions and 
bar closures via a Broadcast Notice to Mariners on VHF-FM Channel 16 and 
22A. Additionally, Coast Guard personnel may be on-scene to advise the 
public of any bar restrictions and/or closures.
    (2) Safety requirements for recreational vessels. The operator of 
any recreational vessel operating in a regulated navigation area 
established in paragraph (a) of this section shall ensure that whenever 
their vessel is being towed or escorted across a bar by the Coast Guard 
all persons located in any unenclosed areas of their vessel are wearing 
lifejackets and that lifejackets are readily accessible for/to all 
persons located in any enclosed areas of their vessel.
    (3) Safety requirements for Uninspected Passenger Vessels (UPV). (i) 
The master or operator of any uninspected passenger vessel operating in 
a regulated navigation area established in paragraph (a) of this section 
shall ensure that all persons located in any unenclosed areas of their 
vessel are wearing lifejackets and that lifejackets are readily 
accessible for/to all persons located in any enclosed areas of their 
vessel:

[[Page 825]]

    (A) When crossing the bar and a bar restriction exists for 
recreational vessels of the same length or
    (B) Whenever their vessel is being towed or escorted across the bar 
by the Coast Guard.
    (ii) The master or operator of any uninspected passenger vessel 
operating in a regulated navigation area established in paragraph (a) of 
this section during the conditions described in paragraph (c)(3)(i)(A) 
of this section shall contact the Coast Guard on VHF-FM Channel 16 or 
22A prior to crossing the bar between sunset and sunrise. The master or 
operator shall report the following:
    (A) Vessel name,
    (B) Vessel location or position,
    (C) Number of persons onboard the vessel, and
    (D) Vessel destination.
    (4) Safety requirements for Small Passenger Vessels (SPV). (i) The 
master or operator of any small passenger vessel operating in a 
regulated navigation area established in paragraph (a) of this section 
shall ensure that all persons located in any unenclosed areas of their 
vessel are wearing lifejackets and that lifejackets are readily 
accessible for/to all persons located in any enclosed areas of their 
vessel:
    (A) When crossing the bar and a bar restriction exists for 
recreational vessels or uninspected passenger vessels of the same length 
or
    (B) Whenever their vessel is being towed or escorted across the bar 
by the Coast Guard.
    (ii) Small passenger vessels with bar crossing plans that have been 
reviewed by and accepted by the Officer in Charge, Marine Inspection 
(OCMI) are exempt from the safety requirements provided in paragraph 
(c)(4)(i) of this section during the conditions described in paragraph 
(c)(4)(i)(A) of this section so long as when crossing the bar the master 
or operator ensures that all persons on their vessel wear lifejackets in 
accordance with their bar crossing plan. If the vessel's bar crossing 
plan does not specify the conditions when the persons on their vessel 
must wear lifejackets, however, then the master or operator must comply 
with the safety requirements provided in paragraph (c)(4)(i) of this 
section in their entirety.
    (iii) The master or operator of any small passenger vessel operating 
in a regulated navigation area established in paragraph (a) of this 
section during the conditions described in paragraph (c)(4)(i)(A) of 
this section shall contact the Coast Guard on VHF-FM Channel 16 or 22A 
prior to crossing the bar between sunset and sunrise. The master or 
operator shall report the following:
    (A) Vessel name,
    (B) Vessel location or position,
    (C) Number of persons onboard the vessel, and
    (D) Vessel destination.
    (5) Safety requirements for Commercial Fishing Vessels (CFV). (i) 
The master or operator of any commercial fishing vessel operating in a 
regulated navigation area established in paragraph (a) of this section 
shall ensure that all persons located in any unenclosed areas of their 
vessel are wearing lifejackets or immersion suits and that lifejackets 
or immersion suits are readily accessible for/to all persons located in 
any enclosed spaces of their vessel:
    (A) When crossing the bar and a bar restriction exists for 
recreational vessels or uninspected passenger vessels of the same length 
or
    (B) Whenever their vessel is being towed or escorted across the bar 
by the Coast Guard.
    (ii) The master or operator of any commercial fishing vessel 
operating in a regulated navigation area established in paragraph (a) of 
this section during the conditions described in paragraph (c)(5)(i)(A) 
of this section shall contact the Coast Guard on VHF-FM Channel 16 or 
22A prior to crossing the bar between sunset and sunrise. The master or 
operator shall report the following:
    (A) Vessel name,
    (B) Vessel location or position,
    (C) Number of persons onboard the vessel, and
    (D) Vessel destination.
    (6) All persons and vessels within the regulated navigation areas 
established in paragraph (a) of this section must comply with the orders 
of Coast Guard personnel. Coast Guard personnel include commissioned, 
warrant, and

[[Page 826]]

petty officers of the United States Coast Guard.

[USCG-2008-1017, 74 FR 59101, Nov. 17, 2009, as amended by USCG-2008-
1017, 75 FR 10688, Mar. 9, 2010; 75 FR 18055, Apr. 9, 2010]



Sec. 165.1326  Regulated Navigation Areas; Port of Portland Terminal 4, 

Willamette River, Portland, OR.

    (a) Regulated navigation areas. Each of the following areas is a 
regulated navigation area:
    (1) All waters of the Willamette River in the head of the Port of 
Portland's Terminal 4 Slip 3, encompassed by a line commencing at 
45[deg] 36[min] 01.861[sec] N/122[deg]46[min] 20.995[sec] W thence to 
45[deg] 36[min] 01.455 N/122[deg] 46[min] 20.887[sec] W thence to 
45[deg] 36[min] 00.993[sec] N/122[deg] 46[min] 20.714[sec] W thence to 
45[deg] 36[min] 00.725[sec] N/122[deg] 46[min] 20.923[sec] W thence to 
45[deg] 36[min] 00.731[sec] N/122[deg] 46[min] 21.262[sec] W thence to 
45[deg] 36[min] 00.712[sec] N/122[deg] 46[min] 21.823[sec] W thence to 
45[deg] 36[min] 01.230[sec] N/122[deg] 46[min] 22.048[sec] W thence to 
45[deg] 36[min] 01.651[sec] N/122[deg] 46[min] 22.168[sec] W thence to 
45[deg] 36[min] 01.684[sec] N/122[deg] 46[min] 22.372[sec] W thence to 
45[deg] 36[min] 01.873[sec] N/122[deg] 46[min] 22.303[sec] W thence to 
45[deg] 36[min] 02.065[sec] N/122[deg] 46[min] 21.799[sec] W thence to 
45[deg] 36[min] 01.989[sec] N/122[deg] 46[min] 21.574[sec] W thence to 
45[deg] 36[min] 01.675[sec] N/122[deg] 46[min] 21.483[sec] W thence to 
45[deg] 36[min] 01.795[sec] N/122[deg] 46[min] 21.442[sec] W thence to 
45[deg] 36[min] 01.861[sec] N 122[deg] 46[min] 20.995[sec] W.
    (2) All waters of the Willamette River in Wheeler Bay between Slip 1 
and Slip 3 in the Port of Portland's Terminal 4, encompassed by a line 
commencing at 45[deg] 36[min] 10.634[sec] N/122[deg] 46[min] 39.056[sec] 
W thence to 45[deg] 36[min] 10.269[sec] N/122[deg] 46[min] 37.140[sec] W 
thence to 45[deg] 36[min] 10.027[sec] N/122[deg] 46[min] 36.050[sec] W 
thence to 45[deg] 36[min] 09.722[sec] N/122[deg] 46[min] 34.181[sec] W 
thence to 45[deg] 36[min] 09.425[sec] N/122[deg] 46[min] 33.118[sec] W 
thence to 45[deg] 36[min] 08.960[sec] N/122[deg] 46[min] 32.150[sec] W 
thence to 45[deg] 36[min] 08.653[sec] N/122[deg] 46[min] 31.681[sec] W 
thence to 45[deg] 36[min] 08.191[sec] N/122[deg] 46[min] 31.341[sec] W 
thence to 45[deg] 36[min] 07.886[sec] N/122[deg] 46[min] 31.269[sec] W 
thence to 45[deg] 36[min] 07.517[sec] N/122[deg] 46[min] 31.038[sec] W 
thence to 45[deg] 36[min] 07.235[sec] N/122[deg] 46[min] 31.066[sec] W 
thence to 45[deg] 36[min] 07.040[sec] N/122[deg] 46[min] 30.941[sec] W 
thence to 45[deg] 36[min] 06.697[sec] N/122[deg] 46[min] 30.987[sec] W 
thence to 45[deg] 36[min] 06.509[sec] N/122[deg] 46[min] 31.251[sec] W 
thence to 45[deg] 36[min] 06.201[sec] N/122[deg] 46[min] 31.517[sec] W 
thence to 45[deg] 36[min] 06.081[sec] N/122[deg] 46[min] 1.812[sec] W 
thence to 45[deg] 36[min] 06.550[sec] N/122[deg] 46[min] 32.124[sec] W 
thence to 45[deg] 36[min] 06.970[sec] N/122[deg] 46[min] 31.895[sec] W 
thence to 45[deg] 36[min] 07.172[sec] N/122[deg] 46[min] 31.868[sec] W 
thence to 45[deg] 36[min] 07.883[sec] N/122[deg] 46[min] 32.316[sec] W 
thence to 45[deg] 36[min] 08.370[sec] N/122[deg] 46[min] 32.927[sec] W 
thence to 45[deg] 36[min] 08.775[sec] N/122[deg] 46[min] 33.888[sec] W 
thence to 45[deg] 36[min] 09.121[sec] N/122[deg] 46[min] 35.337[sec] W 
thence to 45[deg] 36[min] 09.230[sec] N/122[deg] 46[min] 36.166[sec] W 
thence to 45[deg] 36[min] 09.442[sec] N/122[deg] 46[min] 37.759[sec] W 
thence to 45[deg] 36[min] 09.865[sec] N/122[deg] 46[min] 39.511[sec] W 
thence to 45[deg] 36[min] 10.421[sec] N/122[deg] 46[min] 39.469[sec] W 
thence to 45[deg] 36[min] 10.634[sec] N/122[deg] 46[min] 39.056[sec] W.
    (b) Regulations. All vessels are prohibited from anchoring, 
dragging, dredging, or trawling in the regulated navigation areas 
established in paragraph (a) of this section.

[USCG-2009-0370, 75 FR 20525, Apr. 20, 2010]



Sec. 165.1327  Security Zone; escorted U.S. Navy submarines in Sector Seattle 

Captain of the Port Zone.

    (a) Location. The following area is a security zone: All waters 
within 1000 yards of any U.S. Navy submarine that is operating in the 
Sector Seattle Captain of the Port Zone, as defined in 33 CFR Section 
3.65-10, and is being escorted by the Coast Guard.
    (b) Regulations. In accordance with the general regulations in 33 
CFR Section 165, Subpart D, no person or vessel may enter or remain in 
the security zone created by paragraph (a) of this section unless 
authorized by the Coast Guard patrol commander. The Coast Guard patrol 
commander will coordinate with Vessel Traffic System users on a case-by-
case basis to make appropriate passing arrangements under the 
circumstances. 33 CFR Section 165, Subpart D, contains additional 
provisions applicable to the security zone created in paragraph (a) of 
this section.
    (c) Notification. The Coast Guard security escort will attempt, when 
necessary and practicable, to notify any persons or vessels inside or in 
the vicinity of the security zone created in paragraph (a) of this 
section of its existence via VHF Channel 16 and/or any other means 
reasonably available.

[USCG-2009-1057, 75 FR 28204, May 20, 2010]



Sec. 165.1328  Regulated Navigation Area; U.S. Navy submarines, Hood Canal, 

WA.

    (a) Location. The following area is a regulated navigation area 
(RNA): All waters of the Hood Canal in the State of Washington whenever 
any U.S. Navy submarine is operating in the Hood Canal and is being 
escorted by the

[[Page 827]]

Coast Guard. For purposes of this section, ``Hood Canal'' means all 
waters of Hood Canal, including Dabob Bay, located between two lines 
with the first line connecting positions 47[deg]37.9[min] N, 
122[deg]57.1[min] W and 47[deg]37.9[min] N, 122[deg]52.9[min] W and the 
second line connecting positions 48[deg]00.7[min] N, 122[deg]41.0[min] W 
and 47[deg]56.4[min] N, 122[deg]36.9[min] W
    (b) Regulations. All persons and vessels located within the RNA 
created by paragraph (a) of this section shall follow all lawful orders 
and/or directions given to them by Coast Guard security escort 
personnel. 33 CFR Section 165, Subpart B, contains additional provisions 
applicable to the RNA created in paragraph (a) of this section.
    (c) Notification. The Coast Guard security escort will attempt, when 
necessary and practicable, to notify any persons or vessels in the RNA 
created in paragraph (a) of this section of its existence via VHF 
Channel 16 and/or any other means reasonably available.

[USCG-2009-1058, 75 FR 27640, May 18, 2010]



Sec. 165.1332  Safety Zones; annual firework displays within the Captain of 

the Port, Puget Sound Area of Responsibility.

    (a) Safety Zones. The following areas are designated safety zones:
    (1) All waters of Puget Sound, Washington, extending to a 450 yard 
radius from the following launch sites:

                          Captain of the Port Puget Sound AOR Annual Firework Displays
----------------------------------------------------------------------------------------------------------------
         Event name (typically)                    Event location                Latitude          Longitude
----------------------------------------------------------------------------------------------------------------
Steilacoom Annual Fireworks.............  Steilacoom......................  47[deg] 10.4[min]           122[deg]
                                                                                            N        36.2[min] W
Tacoma Freedom Fair.....................  Commencement Bay................            47[deg]           122[deg]
                                                                                16.817[min] N      27.933[min] W
City of Anacortes Fireworks.............  Fidalgo Bay.....................  47[deg] 17.1[min]           122[deg]
                                                                                            N        28.4[min] W
Alderbrook Resort & Spa Fireworks.......  Hood Canal......................            47[deg]           123[deg]
                                                                                21.033[min] N        04.1[min] W
Fireworks Display.......................  Henderson Bay...................  47[deg] 21.8[min]           122[deg]
                                                                                            N      38.367[min] W
Des Moines Fireworks....................  Des Moines......................            47[deg]           122[deg]
                                                                                24.117[min] N      20.033[min] W
Three Tree Point Community Fireworks....  Three Tree Point................            47[deg]           122[deg]
                                                                                27.033[min] N       23.15[min] W
City of Renton Fireworks................  Renton, Lake Washington.........            47[deg]           122[deg]
                                                                                29.986[min] N       11.85[min] W
Port Orchard Fireworks..................  Port Orchard....................            47[deg]           122[deg]
                                                                                32.883[min] N      37.917[min] W
Chimes and Lights.......................  Port Orchard....................            47[deg]           122[deg]
                                                                                 32.75[min] N      38.033[min] W
Seattle Seafair.........................  Lake Washington.................            47[deg]           122[deg]
                                                                                34.333[min] N      16.017[min] W
Mercer Island Celebration...............  Mercer Island...................            47[deg]           122[deg]
                                                                                35.517[min] N      13.233[min] W
Medina Days.............................  Medina Park.....................            47[deg]           122[deg]
                                                                                36.867[min] N        14.5[min] W
Bainbridge Island Fireworks.............  Eagle Harbor....................            47[deg]           122[deg]
                                                                                37.267[min] N      31.583[min] W
Whaling Days............................  Dyes Inlet......................            47[deg]           122[deg]
                                                                                 38.65[min] N       41.35[min] W
Yarrow Point Community..................  Yarrow Point....................            47[deg]           122[deg]
                                                                                38.727[min] N      13.466[min] W
City of Kenmore Fireworks...............  Lake Forest Park................  47[deg] 39.0[min]           122[deg]
                                                                                            N       13.55[min] W
Kirkland Concours D'Elegence............  Kirkland........................            47[deg]           122[deg]
                                                                                39.521[min] N      12.439[min] W
Kirkland Fireworks......................  Kirkland........................            47[deg]           122[deg]
                                                                                40.583[min] N       12.84[min] W
Liberty Bay Fireworks...................  Liberty Bay.....................            47[deg]           122[deg]
                                                                                43.917[min] N      39.133[min] W
Sheridan Beach Community................  Lake Forest Park................            47[deg]           122[deg]
                                                                                44.783[min] N      16.917[min] W
Langlie's Old Fashioned Independence      Indianola.......................            47[deg]           122[deg]
 Celebration.                                                                   44.817[min] N      31.533[min] W
Lake Forest Park Fireworks..............  Lake Forest Park................            47[deg]           122[deg]
                                                                                45.117[min] N      16.367[min] W
Vashon Island Fireworks.................  Quartermaster Harbor............            47[deg]           122[deg]
                                                                                 45.25[min] N       15.75[min] W
Kingston Fireworks......................  Appletree Cove..................            47[deg]           122[deg]
                                                                                 47.65[min] N      29.917[min] W
Mukilteo Lighthouse Festival............  Possession Sound................  47[deg] 56.9[min]           122[deg]
                                                                                            N        18.6[min] W
Brewster Fire Department Fireworks......  Brewster........................            48[deg]           119[deg]
                                                                                06.367[min] N       47.15[min] W
Port Angeles............................  Port Angeles Harbor.............            48[deg]           123[deg]
                                                                                07.033[min] N      24.967[min] W
Port Townsend Sunrise Rotary............  Port Townsend...................            48[deg]           122[deg]
                                                                                08.067[min] N      46.467[min] W
Friday Harbor Independence..............  Friday Harbor...................  48[deg] 32.6[min]           122[deg]
                                                                                            N      00.467[min] W
Roche Harbor Fireworks..................  Roche Harbor....................  48[deg] 36.7[min]           123[deg]
                                                                                            N        09.5[min] W
Deer Harbor Annual Fireworks Display....  Deer Harbor.....................  48[deg] 37.0[min]           123[deg]
                                                                                            N      00.25[min] W.
Orcas Island............................  Orcas Island....................            48[deg]           122[deg]
                                                                                41.317[min] N      54.467[min] W
Blast Over Bellingham...................  Bellingham Bay..................            48[deg]           122[deg]
                                                                                44.933[min] N      29.667[min] W
True Colors Event.......................  Blaine..........................            48[deg]           122[deg]
                                                                                59.488[min] N      46.339[min] W
John Eddy Wedding.......................  Magnolia Bluff..................            49[deg]           122[deg]
                                                                                38.988[min] N      25.356[min] W
City of Mount Vernon Fireworks..........  Edgewater Park..................            48[deg]           122[deg]
                                                                                25.178[min] N      20.424[min] W
Chase Family Fourth at Lake Union.......  Lake Union......................            47[deg]           122[deg]
                                                                                38.418[min] N      20.111[min] W
----------------------------------------------------------------------------------------------------------------

    (2) [Reserved]
    (b) Special requirements. Firework barges or launch sites on land 
used in locations stated in this rule shall display a sign. The sign 
will be affixed to the port and starboard side of the barge or mounted 
on a post 3 feet above ground level when on land and in close

[[Page 828]]

proximity to the shoreline facing the water labeled ``FIREWORKS-DANGER-
STAY AWAY.'' This will provide on-scene notice that the safety zone is, 
or will, be enforced on that day. This notice will consist of a diamond 
shaped sign, 4 foot by 4 foot, with a 3 inch orange retro-reflective 
border. The word ``DANGER' shall be 10 inch black block letters centered 
on the sign with the words ``FIREWORKS'' and ``STAY AWAY'' in 6 inch 
black block letters placed above and below the word ``DANGER'' 
respectively on a white background. An on-scene patrol vessel will 
enforce these safety zones 30 minutes prior to the start and 30 minutes 
after the conclusion of the fireworks display.
    (c) Notice of enforcement. These safety zones will be activated and 
thus subject to enforcement, under the following conditions: the Coast 
Guard must receive and approve a marine event permit for each firework 
display and then the Captain of the Port will cause notice of the 
enforcement of these safety zones to be made by all appropriate means to 
provide notice to the affected segments of the public as practicable, in 
accordance with 33 CFR 165.7(a). The Captain of the Port will issue a 
Broadcast Notice to Mariners and Local Notice to Mariners notifying the 
public of activation and suspension of enforcement of these safety 
zones. Additionally, an on-scene Patrol Commander will ensure 
enforcement of this safety zone by limiting the transit of non-
participating vessels in the designated areas described above.
    (d) Regulations. In accordance with the general regulations in 33 
CFR part 165, subpart C, no vessel operator may enter, transit, moor, or 
anchor within this safety zone, except for vessels authorized by the 
Captain of the Port or Designated Representative.
    (e) Authorization. All vessel operators who desire to enter the 
safety zone must obtain permission from the Captain of the Port or 
Designated Representative by contacting either the on-scene patrol craft 
on VHF Ch 13 or Ch 16 or the Coast Guard Sector Seattle Joint Harbor 
Operations Center (JHOC) via telephone at (206) 217-6002.
    (f) Enforcement period. This rule will be enforced from 5 p.m. until 
1 a.m. each day a barge with a ``FIREWORKS-DANGER-STAY AWAY'' sign is 
located within any of the above designated safety zone locations and 
meets the criteria established in section (b), within the following 
timeframes:
    (1) The last two weeks of December until the conclusion of the first 
weekend of January.
    (2) The last weekend of June until the conclusion of the third week 
of July.
    (3) The second weekend of August until the conclusion of the fourth 
week of August.
    (4) The first weekend of September until the conclusion of the third 
week of September.
    (5) The first weekend of December.
    (g) Contact information. Questions about safety zones and related 
events should be addressed to COMMANDER (spw), U.S. COAST GUARD SECTOR, 
Attention: Waterways Management Division, 1519 Alaskan Way South, 
Seattle, WA 98134-1192.

[USCG-2010-0063, 75 FR 33700, June 15, 2010]

                     Fourteenth Coast Guard District



Sec. 165.T14-204  Safety Zone; fixed mooring balls, south of Barbers Pt Harbor 

Channel, Oahu, Hawaii.

    (a) Location. The following area is a safety zone: All waters 
contained within a 400-yard radius (366-meter) radius around position 
21[deg]18[min]35.00[sec] N., 158[deg]07[min]33.00[sec] W. This position 
is approximately 2,500 yards south of Barbers Point Harbor channel buoy 
2, Oahu, Hawaii. This Safety Zone will have six (6), 24-inch 
white mooring balls with a single blue reflective stripe. The mooring 
balls will be placed 133 yards (121 meters) in a circular design for 
preapproved vessel mooring purposes. This safety zone extends from the 
surface of the water to the ocean floor. These coordinates are based 
upon the National Oceanic and Atmospheric Administration Coast Survey, 
Pacific Ocean, Oahu, Hawaii, chart 19357.
    (b) Regulations. (1) Entry into or remaining in the safety zone 
described in paragraph (a) of this section is prohibited unless 
authorized by the Coast Guard Captain of the Port Honolulu zone.

[[Page 829]]

    (2) Persons desiring to transit the safety zone may contact the 
Honolulu Captain of the Port on VHF channel 81A (157.075 MHz), VHF 
channel 16 (156.800 MHz), or at telephone numbers 1-808-563-9906 or 808-
842-2600 to seek permission to transit the area with a designated escort 
vessel. If permission is granted, all persons and vessels must comply 
with the instructions of the Captain of the Port or his or her 
designated representative. All other vessels are requested to pass to 
the west, or makai side, of the Safety Zone to avoid grounding on the 
shallow and live coral reef area located between the safety zone and the 
shoreline.
    (c) Enforcement period. This rule will be enforced from 6 a.m. on 
July 1, 2010 until 6 p.m. on July 21, 2010 or unless canceled earlier by 
the Captain of the Port.
    (d) Regulations. In accordance with the general regulations in 33 
CFR part 165, Subpart C, no person or vessel may enter or remain in the 
zone except for support vessels/aircraft and support personnel, or other 
vessels authorized by the Captain of the Port or his designated 
representatives.
    (e) Penalties. Vessels or persons violating this rule are subject to 
the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

    Effective Date Note: By USCG-2010-0457, 75 FR 38021, July 1, 2010, 
temporary Sec. 165.T14-204 was added, effective from 6 a.m. on July 1, 
2010 through 6 p.m. on July 21, 2010.



Sec. 165.1401  Apra Harbor, Guam--safety zones.

    (a) The following is designated as Safety Zone A--The waters of the 
Pacific Ocean and Apra Outer Harbor encompassed within an arc of 725 
yards radius centered at the center of Wharf H. (Located at 
13[deg]27[min]47[sec] N and 144[deg]39[min]01.9[sec] E. Based on World 
Geodetic System 1984 Datum)
    (b) The following is designated Safety Zone B--The waters of Apra 
Outer Harbor encompassed within an arc of 680 yards radius centered at 
the center of Naval Wharf Kilo. (Located at 13[deg]26[min]43[sec] N, 
144[deg]37[min]46.7[sec] E. Based on World Geodetic system 1984 Datum)
    (c) Special regulations. (1) Section 165.23 does not apply to Safety 
Zone A and/or Safety Zone B, except when Wharf H and/or Naval Wharf 
Kilo, or a vessel berthed at Wharf H and/or Naval Wharf Kilo, is 
displaying a red (BRAVO) flag by day or a red light by night.
    (2) In accordance with the general regulations in 165.23 of this 
part, entry into these zones is prohibited unless authorized by the 
Captain of the Port, Guam.

[COTP Guam Reg. 89-001, 55 FR 18725, May 4, 1990]



Sec. 165.1402  Apra Outer Harbor, Guam--regulated navigation area.

    (a) The following is a regulated navigation area--The waters of the 
Pacific Ocean and Apra Outer Harbor enclosed by a line beginning at 
latitude 13[deg]26[min]47[sec] N, longitude 144[deg]35[min]07[sec] E; 
thence to Spanish Rocks at latitude 13[deg]27[min]09.5[sec] N, longitude 
144[deg]37[min]20.6[sec] E; thence along the shoreline of Apra Outer 
Harbor to latitude 13[deg]26[min]28.1[sec] N, longitude 
144[deg]39[min]52.5[sec] E (the northwest corner of Polaris Point); 
thence to latitude 13[deg]26[min]40.2[sec] N, longitude 
144[deg]39[min]28.1[sec] E; thence to latitude 13[deg]26[min]32.1[sec] 
N, longitude 144[deg]39[min]02.8[sec] E; thence along the shoreline of 
Apra Outer Harbor to Orote Point at latitude 13[deg]26[min]42[sec] N, 
longitude 144[deg]36[min]58.5[sec] E; thence to the beginning. (Based on 
WGS 84 Datum)
    (b) Regulations:
    (1) Except for public vessels of the United States, vessels may not 
enter Apra Outer Harbor without permission of the Captain of the Port if 
they have on board more than 25 tons of high explosives.
    (2) Except for vessels not more than 65 feet in length, towboats or 
tugs without tows, no vessel may pass another vessel in the vicinity of 
the Outer Harbor entrance.
    (3) Vessels over 100 gross tons shall:
    (i) Steady on the entrance range at least 2 miles west of the 
entrance when approaching Apra Outer Harbor and;
    (ii) [Reserved]
    (iii) Steady on the range when departing Apra Outer Harbor.
    (4) Vessels may not anchor in the fairway. The fairway is the area 
within 375 feet on either side of a line beginning at latitude 
13[deg]26[min]47[sec] N, longitude 144[deg]35[min]07[sec] E; thence to 
latitude 13[deg]27[min]14.1[sec] N, longitude 144[deg]39[min]14.4[sec] 
E;

[[Page 830]]

thence to latitude 13[deg]26[min]35.2[sec] N, longitude 
144[deg]39[min]46.4[sec] E; thence to latitude 13[deg]26[min]30.8[sec] 
N, longitude 144[deg]39[min]44.4[sec] E. (Based on WGS 84 Datum)
    (5) Vessels over 100 gross tons may not proceed at a speed exceeding 
12 knots within the harbor.
    (6) No vessel may leave Apra Outer Harbor until any inbound vessel 
over 65 feet in length has cleared the Outer Harbor Entrance.

[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD 96-026, 61 FR 
33669, June 28, 1996; USCG-1998-3799, 63 FR 35533, June 30, 1998]



Sec. 165.1403  Security Zones; Tinian, Commonwealth of the Northern Mariana 

Islands.

    (a) Location. The following areas are security zones:
    (1) The waters of the Pacific Ocean off Tinian between 
14[deg]59[min]04.9[sec] N, 145[deg]34[min]58.6[sec] E to 
14[deg]59[min]20.1[sec] N, 145[deg]35[min]41.5[sec] E to 
14[deg]59[min]09.8[sec] N, 145[deg]36[min]02.1[sec] E to 
14[deg]57[min]49.3[sec] N, 145[deg]36[min]28.7[sec] E to 
14[deg]57[min]29.1[sec] N, 145[deg]35[min]31.1[sec] E and back to 
14[deg]59[min]04.9[sec] N, 145[deg]34[min]58.6[sec] E. This zone will be 
enforced when one, or more, of the Maritime Preposition Ships is in the 
zone or moored at Mooring A located at 14[deg]58[min]57.0[sec] N and 
145[deg]35[min]40.8[sec] E or Mooring B located at 
14[deg]58[min]15.9[sec] N, 145[deg]35[min]54.8[sec] E.
    (2) Additionally, a 50-yard security zone in all directions around 
Moorings A and B will be enforced when no vessels are moored thereto but 
mooring balls are anchored and on station.

    Note to Sec. 165.1403(a): All positions of latitude and longitude 
are from International Spheroid, Astro Pier 1944 (Saipan) Datum (NOAA 
Chart 81071).

    (b) Regulations. (1) In accordance with general regulations in Sec. 
165.33 of this part, entry into this security zone is prohibited unless 
authorized by the Captain of the Port.

[COTP Honolulu Reg. 86-08, 51 FR 42220, Nov. 24, 1986, as amended by 
USCG-2001-9286, 66 FR 33642, June 25, 2001; 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--The waters of 
Apra Outer Harbor, Guam surrounding Naval Mooring Buoy No. 702 (Located 
at 13[deg]27[min]30.1[sec] N and 144[deg]38[min]12.9[sec] E. Based on 
World Geodetic System 1984 Datum) and the Maritime Prepositioning ships 
moored thereto. The security zone will extend 100 yards in all 
directions around the vessel and its mooring. Additionally, a 50 yard 
security zone will remain in effect in all directions around buoy No. 
702 when no vessel is moored thereto.
    (b) In accordance with the general regulations in Sec. 165.33 of 
this part, entry into Security Zone C is prohibited unless authorized by 
the Captain of the Port, Guam.

[COTP Guam Reg. 89-001, 55 FR 18725, May 4, 1990]



Sec. 165.1405  Regulated Navigation Areas and Security Zones; Designated 

Escorted Vessels-Philippine Sea and Apra Harbor, Guam (including Cabras Island 

Channel), and Tanapag Harbor, Saipan, Commonwealth of the Northern Mariana 

Islands (CNMI).

    (a) Regulated navigation area. The following areas, designated by 
coordinates referencing World Geodetic Datum (1984), are regulated 
navigation areas (RNAs).
    (1) Philippine Sea, Guam--All waters from the surface to the bottom 
of the Philippine Sea, Guam, encompassed by lines connecting the 
following points, beginning at 13[deg]27[min]10[sec] N, 
144[deg]35[min]05[sec] E, thence easterly to 13[deg]27[min]17[sec] N, 
144[deg]37[min]27[sec] E, thence south westerly to 13[deg]26[min]52[sec] 
N, 144[deg]37[min]05[sec] E, thence westerly to 13[deg]26[min]37[sec] N, 
144[deg]35[min]05[sec] E, thence due north back to point of origin.
    (2) Apra Harbor, Guam--All waters from surface to bottom of Apra 
Harbor, Guam, shoreward of the COLREGS Demarcation as described in 33 
CFR part 80.
    (3) Tanapag Harbor, Saipan--The waters from surface to bottom of 
Tanapag Harbor, Saipan (CNMI), encompassed by lines connecting the 
following points, beginning at 15[deg]12[min]10[sec] N, 
145[deg]40[min]28[sec] E, thence north easterly to 15[deg]14[min]08[sec] 
N, 145[deg]42[min]00[sec] E, thence due east to 15[deg]14[min]08[sec] N, 
145[deg]44[min]02[sec] E, thence south easterly to 15[deg]13[min]54[sec] 
N, 144[deg]44[min]20[sec] E, thence south westerly along the shoreline 
to 15[deg]13[min]11[sec] N, 145[deg]43[min]01[sec] E, thence south 
westerly to 15[deg]12[min]10[sec] N, 145[deg]40[min]28[sec] E.

[[Page 831]]

    (4) Cabras Island Channel, Guam--All waters from surface to bottom 
of Cabras Island Channel, Guam, beginning at point 13[deg]27[min]34[sec] 
N, 144[deg]39[min]39[sec] E and extending south easterly to position 
13[deg]27[min]24[sec] N, 144[deg]39[min]59[sec] E then heading easterly 
along the shoreline to position 13[deg]27[min]31[sec] N, 
144[deg]40[min]22[sec] E then heading north to position 
13[deg]27[min]37[sec] N, 144[deg]40[min]22[sec] E following the 
shoreline in a westerly direction back to point of origin.
    (b) Security zones. A 100-yard radius security zone is established 
around, and is centered on, each escorted vessel within the regulated 
navigation areas in paragraph (a) of this section. A security zone is 
activated when an escorted vessel enters an RNA and remains active until 
the escorted vessel leaves the RNA. This is a moving security zone when 
the escorted vessel is in transit and becomes a fixed zone when the 
escorted vessel is anchored or moored. A security zone will not extend 
beyond the boundary of the RNA in this section.
    (c) Definitions. As used in this section:
    (1) Designated representative means any Coast Guard commissioned, 
warrant, or petty officer that has been authorized to act on behalf of 
the COTP.
    (2) Escorted Vessel means any vessel operating in the RNA deemed by 
the COTP to be in need of escort protection for security reasons or 
under other circumstances. A designated representative aboard a Coast 
Guard cutter or patrol boat will accompany vessels deemed in need of 
escort protection into the RNA.
    (3) Navigation rules mean international and inland navigation rules 
in 33 CFR chapter I, subchapters D and E.
    (4) Vessel means every description of watercraft or other artificial 
contrivance used, or capable of being used, as a means of transportation 
on water, except U.S. Coast Guard or U.S. naval vessels.
    (d) Regulations. (1) No person or vessel may enter into the security 
zones under this section unless authorized by the COTP Guam or a 
designated representative.
    (2) A vessel in the RNA established under paragraph (a) of this 
section operating within 500 yards of an escorted vessel must proceed at 
a minimum speed necessary to maintain a safe course, unless required to 
maintain speed by the navigation rules.
    (3) When an escorted vessel in the RNA approaches within 100 yards 
of a vessel that is moored, or anchored in a designated anchorage area, 
the stationary vessel must stay moored or anchored while it remains 
within the escorted vessel's security zone unless it is either ordered 
by, or given permission from the COTP Guam or a designated 
representative to do otherwise.
    (4) The COTP will inform the public of the existence or status of 
the security zones around escorted vessels in the RNA periodically by 
Broadcast Notice to Mariners.
    (5) Persons or vessels that must enter a security zone or exceed 
speed limits established in this section may contact the COTP at command 
center telephone number (671) 339-6100 or on VHF channel 16 (156.8 Mhz) 
to request permission.
    (6) All persons and vessels within 500 yards of an escorted vessel 
in the RNA must comply with the orders of the COTP Guam or his 
designated representatives.
    (e) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the 
authority for this section includes 33 U.S.C. 1226.

[CGD14-02-002, 68 FR 4384, Jan. 29, 2003]



Sec. 165.1406  Safety Zone: Pacific Missile Range Facility (PMRF), Barking 

Sands, Island of Kauai, Hawaii.

    (a) Location. The following area is established as a safety zone 
during launch operations at PMRF, Kauai, Hawaii: The waters bounded by 
the following coordinates: (22[deg]01.2[min] N, 159[deg]47.3[min] W), 
(22[deg]01.2[min] N, 159[deg]50.7[min] W), (22[deg]06.3[min] N, 
159[deg]50.7[min] W), (22[deg]06.3[min] N, 159[deg]44.8[min] W). (Datum: 
OHD)
    (b) Activation. The above safety zone will be activated during 
launch operations at PMRF, Kauai, Hawaii. The Coast Guard will provide 
notice that the safety zone will be activated through published and 
broadcast local notice to mariners prior to scheduled launch dates.
    (c) Regulation. The area described in paragraph (a) of this section 
will be closed to all vessels and persons, except those vessels and 
persons authorized by

[[Page 832]]

the Commander, Fourteenth Coast Guard District, or the Captain of the 
Port (COTP) Honolulu, Hawaii, whenever Strategic Target System (STARS) 
vehicles are to be launched by the United States Government from the 
PMRF, Barking Sands, Kauai, Hawaii.
    (d) The general regulations governing safety zones contained in 33 
CFR 165.23 apply.

[CGD14 92-05, 57 FR 54508, Nov. 19, 1992, as amended by CGD 96-026, 61 
FR 33669, June 28, 1996]



Sec. 165.1407  Security Zones; Oahu, HI.

    (a) Location. The following areas, from the surface of the water to 
the ocean floor, are security zones that are activated and enforced 
subject to the provisions of paragraphs (c) and (d). All coordinates 
below are expressed in degrees, minutes, and tenths or hundredths of 
minutes.
    (1) Honolulu Harbor. All waters of Honolulu Harbor and Honolulu 
entrance channel commencing at a line between entrance channel buoys no. 
1 and no. 2, to a line between the fixed day beacons no. 14 and no. 15 
west of Sand Island Bridge.
    (2) Honolulu Harbor Anchorages B, C, and D. All waters extending 100 
yards in all directions from each vessel in excess of 300 gross tons 
anchored in Honolulu Harbor Anchorage B, C, or D, as defined in 33 CFR 
110.235(a).
    (3) Kalihi Channel and Keehi Lagoon, Oahu. All waters of Kalihi 
Channel and Keehi Lagoon beginning at Kalihi Channel entrance buoy no. 1 
and continuing along the general trend of Kalihi Channel to day beacon 
no. 13, thence continuing on a bearing of 332.5[deg]T to shore, thence 
east and south along the general trend of the shoreline to day beacon 
no. 15, thence southeast to day beacon no. 14, thence southeast along 
the general trend of the shoreline of Sand Island, to the 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]T to Kalihi Channel entrance buoy no. 
1.
    (4) Honolulu International Airport--(i) Honolulu International 
Airport, North Section. All waters surrounding Honolulu 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. All waters 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 Kalihi 
Channel), thence north along the western edge of the channel to Kalihi 
Channel 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 the Tesoro 
Single Point and the Chevron Conventional Buoy Moorings beginning at 
21[deg]16.43[min] N/158[deg]06.03[min] W, thence northeast to 
21[deg]17.35[min] N/158[deg]3.95[min] W, thence southeast to 
21[deg]16.47[min] N/ 158[deg]03.5[min] W, thence southwest to 
21[deg]15.53[min] N/158[deg]05.56[min] W, thence north to the beginning 
point.
    (6) Barbers Point Harbor, Oahu. All waters contained within the 
Barbers Point Harbor, Oahu, enclosed by a line drawn between Harbor 
Entrance Channel Light 6 and the jetty point day beacon at 
21[deg]19.5[min] N/158[deg]07.26[min] W.
    (7) Kahe Point, Oahu. All waters adjacent to the Hawaiian Electric 
Company power plant at Kahe Point within 500 yards of 21[deg] 21.30' N/
158[min] 07.7[deg] W (lighted tower).
    (b) Definitions. As used in this section, MARSEC Level 2 or Maritime 
Security Level 2 means, as defined in 33 CFR 101.105, the level for 
which appropriate additional protective security measures shall be 
maintained for a period of time as a result of heightened risk of a 
transportation security incident.
    (c) Regulations. (1) Under 33 CFR 165.33, entry into the security 
zones described in this section is prohibited unless authorized by the 
Coast Guard Captain of the Port, Honolulu or his or her designated 
representatives.
    (2) Persons desiring to transit the areas of the security zones may 
contact the Captain of the Port at Command Center telephone number (808) 
842-2600 and (808) 842-2601, fax (808) 842-2624 or on VHF channel 16 
(156.8 Mhz) to seek permission to transit the area. Written requests may 
be submitted to the Captain of Port, U.S. Coast Guard Sector Honolulu, 
Sand Island Access Road, Honolulu, Hawaii 96819, or faxed

[[Page 833]]

to (808) 842-2622. If permission is granted, all persons and vessels 
must comply with the instructions of the Captain of the Port or his or 
her designated representatives. For all seaplane traffic entering or 
transiting the security zones, a seaplane's compliance with all Federal 
Aviation Administration regulations (14 CFR parts 91 and 99) regarding 
flight-plan approval is deemed adequate permission to transit the 
waterway security zones described in this section.
    (d) Notice of enforcement or suspension of enforcement of security 
zones. (1) The security zones described in paragraphs (a)(3) (Kalihi 
Channel and Keehi Lagoon, Oahu), (a)(4)(i) (Honolulu International 
Airport, North Section), (a)(4)(ii) (Honolulu International Airport, 
South Section), (a)(6) (Barbers Point Harbor, Oahu), and (a)(7) (Kahe 
Point, Oahu) of this section, will be enforced only upon the occurrence 
of one of the following events--
    (i) Whenever the Maritime Security (MARSEC) level, as defined in 33 
CFR part 101, is raised to 2 or higher; or
    (ii) Whenever the Captain of the Port, after considering all 
available facts, determines that there is a heightened risk of a 
transportation security incident or other serious maritime incident, 
including but not limited to any incident that may cause a significant 
loss of life, environmental damage, transportation system disruption, or 
economic disruption in a particular area.
    (2) A notice will be published in the Federal Register reporting 
when events in paragraph (d)(1)(i) or (d)(1)(ii) have occurred.
    (3) The Captain of the Port of Honolulu will cause notice of the 
enforcement of the security zones listed in paragraph (d)(1) of this 
section and notice of suspension of enforcement to be made by 
appropriate means to affect the widest publicity, including the use of 
broadcast notice to mariners and publication in the local notice to 
mariners.
    (e) Informational notices. The Captain of the Port will cause notice 
of the presence of the security zones established in paragraph (a)(2) of 
this section, Honolulu Harbor Anchorages B, C, and D, to be made by 
appropriate means to affect the widest publicity, including the use of 
broadcast notice to mariners and publication in the local notice to 
mariners.
    (f) Enforcement. Any Coast Guard commissioned, warrant, or petty 
officer, and any other Captain of the Port representative permitted by 
law, may enforce the rules in this section.
    (g) Waiver. The Captain of the Port, Honolulu may waive any of the 
requirements of this section for any vessel or class of vessels upon his 
or her determination that application of this section is unnecessary or 
impractical for the purpose of port and maritime security.
    (h) Penalties. Vessels or persons violating this section are subject 
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, as amended by CGD 14-07-001, 
72 FR 44777, Aug. 9, 2007; 72 FR 57863, Oct. 11, 2007; USCG-2009-0416, 
74 FR 27442, June 10, 2009]



Sec. 165.1408  Security Zones; Maui, HI.

    (a) Location. The following areas, from the surface of the water to 
the ocean floor, are security zones that are activated and enforced 
subject to the provisions in paragraph (c):
    (1) Kahului Harbor, Maui. All waters extending 100 yards in all 
directions from each large passenger vessel in Kahului Harbor, Maui, HI 
or within 3 nautical miles seaward of the Kahului Harbor COLREGS 
DEMARCATION (See 33 CFR 80.1460). This is a moving security zone when 
the LPV is in transit and becomes a fixed zone when the LPV is anchored, 
position-keeping, or moored.
    (2) Lahaina, Maui. All waters extending 100 yards in all directions 
from each large passenger vessel in Lahaina, Maui, whenever the LPV is 
within 3 nautical miles of Lahaina Light (LLNR 28460). The security zone 
around each LPV is activated and enforced whether the LPV is underway, 
moored, position-keeping, or anchored, and will continue in effect until 
such time as the LPV departs Lahaina and the 3-mile enforcement area.
    (b) Definitions. As used in this section, large passenger vessel or 
LPV means a cruise ship more than 300 feet in length that carries 
passengers for

[[Page 834]]

hire, and any passenger ferry more than 300 feet in length that carries 
passengers for hire.
    (c) Regulations. (1) Under 33 CFR 165.33, entry into the security 
zones created by this section is prohibited unless authorized by the 
Coast Guard Captain of the Port, Honolulu or his or her designated 
representatives. When authorized passage through a large passenger 
vessel security zone, all vessels must operate at the minimum speed 
necessary to maintain a safe course and must proceed as directed by the 
Captain of the Port or his or her designated representatives. No person 
is allowed within 100 yards of an LPV that is underway, moored, 
position-keeping, or at anchor, unless authorized by the Captain of the 
Port or his or her designated representative.
    (2) When conditions permit, the Captain of the Port, or his or her 
designated representative, may permit vessels that are at anchor, 
restricted in their ability to maneuver, or constrained by draft to 
remain within an LPV security zone in order to ensure navigational 
safety.
    (3) Persons desiring to transit the areas of the security zones in 
this section may contact the Captain of the Port at Command Center 
telephone number (808) 842-2600 or on VHF channel 16 (156.8 Mhz) to seek 
permission to transit the area. Written requests may be submitted 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 vessels must comply with the instructions of 
the Captain of the Port or his or her designated representatives. For 
all seaplane traffic entering or transiting the security zones, 
compliance with all Federal Aviation Administration regulations (14 CFR 
parts 91 and 99) regarding flight-plan approval is deemed adequate 
permission to transit the waterway security zones described in this 
section.
    (d) Enforcement. Any Coast Guard commissioned, warrant, or petty 
officer, and any other Captain of the Port representative permitted by 
law, may enforce the rules in this section.
    (e) Waiver. The Captain of the Port, Honolulu may waive any of the 
requirements of this section for any vessel or class of vessels upon his 
or her determination that application of this section is unnecessary or 
impractical for the purpose of port and maritime security.
    (f) Penalties. Vessels or persons violating this section are subject 
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, as amended 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 the water to 
the ocean floor, are security zones that are activated and enforced 
subject to the provisions in paragraph (c):
    (1) Hilo Harbor, Hawaii. All waters extending 100 yards in all 
directions from each large passenger vessel in Hilo Harbor, Hawaii, HI 
or within 3 nautical miles seaward of the Hilo Harbor COLREGS 
DEMARCATION (See 33 CFR 80.1480). This is a moving security zone when 
the LPV is in transit and becomes a fixed zone when the LPV is anchored, 
position-keeping, or moored.
    (2) Kailua-Kona, Hawaii. All waters extending 100 yards in all 
directions from each large passenger vessel in Kailua-Kona, Hawaii, 
whenever the LPV is within 3 nautical miles of Kukailimoku Point. The 
100-yard security zone around each LPV is activated and enforced whether 
the LPV is underway, moored, position-keeping, or anchored and will 
continue in effect until such time as the LPV departs Kailua-Kona and 
the 3-mile enforcement area.
    (3) Kawaihae Harbor, Hawaii. All waters extending 100 yards in all 
directions from each large passenger vessel in Kawaihae Harbor, Hawaii, 
or within 3 nautical miles seaward of the Kawaihae Harbor COLREGS 
DEMARCATION (See 33 CFR 80.1470). The 100-yard security zone around each 
LPV is activated and enforced whether the LPV is underway, moored, 
position-keeping, or anchored.
    (b) Definitions. As used in this section, large passenger vessel or 
LPV means a cruise ship more than 300 feet in length that carries 
passengers for hire, and any passenger ferry more

[[Page 835]]

than 300 feet in length that carries passengers for hire.
    (c) Regulations. (1) Under 33 CFR 165.33, entry into the security 
zones created by this section is prohibited unless authorized by the 
Coast Guard Captain of the Port, Honolulu or his or her designated 
representative. When authorized passage through a large passenger vessel 
security zone, all vessels must operate at the minimum speed necessary 
to maintain a safe course and must proceed as directed by the Captain of 
the Port or his or her designated representatives. No person is allowed 
within 100 yards of a large passenger vessel that is underway, moored, 
position-keeping, or at anchor, unless authorized by the Captain of the 
Port or his or her designated representatives.
    (2) When conditions permit, the Captain of the Port, or his or her 
designated representatives, may permit vessels that are at anchor, 
restricted in their ability to maneuver, or constrained by draft to 
remain within an LPV security zone in order to ensure navigational 
safety.
    (3) Persons desiring to transit the areas of the security zones in 
this section may contact the Captain of the Port at Command Center 
telephone number (808) 842-2600 or on VHF channel 16 (156.8 Mhz) to seek 
permission to transit the area. Written requests may be submitted 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 vessels must comply with the instructions of 
the Captain of the Port or his or her designated representatives. For 
all seaplane traffic entering or transiting the security zones, 
compliance with all Federal Aviation Administration regulations (14 CFR 
parts 91 and 99) regarding flight-plan approval is deemed adequate 
permission to transit the waterway security zones described in this 
section.
    (d) Enforcement. Any Coast Guard commissioned, warrant, or petty 
officer, and any other Captain of the Port representative permitted by 
law, may enforce the rules in this section.
    (e) Waiver. The Captain of the Port, Honolulu may waive any of the 
requirements of this section for any vessel or class of vessels upon his 
or her determination that application of this section is unnecessary or 
impractical for the purpose of port and maritime security.
    (f) Penalties. Vessels or persons violating this section are subject 
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, as amended 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 the water to 
the ocean floor, are security zones that are activated and enforced 
subject to the provisions in paragraph (c):
    (1) Nawiliwili Harbor, Lihue, Kauai. All waters extending 100 yards 
in all directions from each large passenger vessel in Nawiliwili Harbor, 
Kauai, HI or within 3 nautical miles seaward of the Nawiliwili Harbor 
COLREGS DEMARCATION (See 33 CFR 80.1450). This is a moving security zone 
when the LPV is in transit and becomes a fixed zone when the LPV is 
anchored, position-keeping, or moored.
    (2) Port Allen, Kauai. All waters extending 100 yards in all 
directions from each large passenger vessel in Port Allen, Kauai, HI or 
within 3 nautical miles seaward of the Port Allen COLREGS DEMARCATION 
(See 33 CFR 80.1440). This is a moving security zone when the LPV is in 
transit and becomes a fixed zone when the LPV is anchored, position-
keeping, or moored.
    (b) Definitions. As used in this section, large passenger vessel or 
LPV means a cruise ship more than 300 feet in length that carries 
passengers for hire, and any passenger ferry more than 300 feet in 
length that carries passengers for hire.
    (c) Regulations. (1) Under 33 CFR 165.33, entry into the security 
zones created by this section is prohibited unless authorized by the 
Coast Guard Captain of the Port, Honolulu or his or her designated 
representative. When authorized passage through an LPV security zone, 
all vessels must operate at the minimum speed necessary to maintain a 
safe course and must proceed as directed by the Captain of the Port or

[[Page 836]]

his or her designated representative. No person is allowed within 100 
yards of a large passenger vessel that is underway, moored, position-
keeping, or at anchor, unless authorized by the Captain of the Port or 
his or her designated representative.
    (2) When conditions permit, the Captain of the Port, or his or her 
designated representative, may permit vessels that are at anchor, 
restricted in their ability to maneuver, or constrained by draft to 
remain within an LPV security zone in order to ensure navigational 
safety.
    (3) Persons desiring to transit the areas of the security zones may 
contact the Captain of the Port at Command Center telephone number (808) 
842-2600 or on VHF channel 16 (156.8 Mhz) to seek permission to transit 
the area. Written requests may be submitted 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 vessels must comply with the instructions of the Captain of the Port 
or his or her designated representatives. For all seaplane traffic 
entering or transiting the security zones, compliance with all Federal 
Aviation Administration regulations (14 CFR parts 91 and 99) regarding 
flight-plan approval is deemed adequate permission to transit the 
waterway security zones described in this section.
    (d) Enforcement. Any Coast Guard commissioned, warrant, or petty 
officer, and any other Captain of the Port representative permitted by 
law, may enforce the rules in this section.
    (e) Waiver. The Captain of the Port, Honolulu may waive any of the 
requirements of this section for any vessel or class of vessels upon his 
or her determination that application of this section is unnecessary or 
impractical for the purpose of port and maritime security.
    (f) Penalties. Vessels or persons violating this section are subject 
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, as amended 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 waters within 
the Honolulu Captain of the Port Zone (see 33 CFR 3.70-10), from the 
surface of the water to the ocean floor, is a security zone: All waters 
extending 500 yards in all directions from U.S. Forces vessel SBX-1. The 
security zone moves with the SBX-1 while it is in transit and becomes 
fixed when the SBX-1 is anchored, position-keeping, or moored.
    (b) Regulations. The general regulations governing security zones 
contained in 33 CFR 165.33 apply. Entry into, transit through, or 
anchoring within this zone while it is activated, and thus subject to 
enforcement, is prohibited unless authorized by the Captain of the Port 
or a designated representative thereof.
    (c) Suspension of enforcement. The Coast Guard will suspend 
enforcement of the security zone described in this section whenever the 
SBX-1 is within the Honolulu Defensive Sea Area (see 6 FR 6675).
    (d) Informational notice. The Captain of the Port of Honolulu will 
cause notice of the enforcement of the security zone described in this 
section to be made by broadcast notice to mariners. The SBX-1 is easy to 
recognize because it contains a large white object shaped like an egg 
supported by a platform that is larger than a football field. The 
platform in turn is supported by six pillars 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 Port representative 
permitted by law, may enforce the security zone described in this 
section.
    (f) Waiver. The Captain of the Port may waive any of the 
requirements of this rule for any person, vessel, or class of vessel 
upon finding that application of the security zone is unnecessary or 
impractical for the purpose of maritime security.
    (g) Penalties. Vessels or persons violating this rule are subject 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 837]]



Sec. 165.1412  Security Zone; escorted U.S. Navy submarines in Sector Honolulu 

Captain of the Port Zone.

    (a) Location. The following area is a security zone: all waters, 
from the surface to the ocean floor, within 1,000 yards of any U.S. Navy 
submarine that is
    (1) Operating in the Sector Honolulu Captain of the Port Zone, as 
defined in 33 CFR 3.70-10, and that
    (2) Is being escorted by the U.S. Coast Guard.
    (b) Regulations. In accordance with the general regulations in 33 
CFR 165, Subpart D, no person or vessel may enter or remain in the 
security zone created by paragraph (a) of this section unless authorized 
by the Coast Guard patrol commander. The Coast Guard patrol commander 
may be contacted via VHF Channel 16 or other means reasonably available. 
33 CFR part 165.30 and 165.33 contain additional provisions applicable 
to the security zone created in paragraph (a) of this section.
    (c) Effective period. This rule is effective from 6:00 a.m. on June 
12, 2010 Hawaiian Standard Time (HST).
    (d) Notification. The Coast Guard security escort will attempt, when 
necessary and practicable, to notify any persons or vessels inside or in 
the vicinity of the security one created in paragraph (a) of this 
section of the zone's existence via VHF Channel 16 or other means 
reasonably available.
    (e) Penalties. Vessels or persons violating this rule are subject to 
the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

[USCG-2010-0409, 75 FR 33704, June 15, 2010]

                    Seventeenth Coast Guard District



Sec. 165.1701  Port Valdez, Valdez, Alaska--safety zone.

    The waters within the following boundaries are a safety zone--The 
area within 200 yards of any waterfront facility at the Trans-Alaska 
Pipeline Valdez Terminal complex or vessels moored or anchored at the 
Trans-Alaska Pipeline Valdez Terminal complex and the area within 200 
yards of any tank vessel maneuvering to approach, moor, unmoor, or 
depart the Trans-Alaska Pipeline Valdez Terminal complex.



Sec. 165.1702  Gastineau Channel, Juneau, Alaska--safety zone.

    (a) The waters within the following boundaries are a safety zone: A 
line beginning at the Standard Oil Company Pier West Light (LLNR 3217), 
located at position 58[deg]17.9[min] N, 134[deg]24.8[min] W, in the 
direction of 140[deg] True to Rock Dump Lighted Buoy 2A (LLNR 3213) at 
position 58[deg]17.2[min] N, 134[deg]23.8[min] W; thence in the 
direction of 003[deg] True to a point at position 58[deg]17.4[min] N, 
134[deg]23.7[min] W, on the north shore of Gastineau Channel; thence 
northwesterly along the north shore of Gastineau Channel to the point of 
origin.
    (b) Special Regulations:
    (1) All vessels may transit or navigate within the safety zone.
    (2) No vessels, other than a large passenger vessel (including 
cruise ships and ferries) may anchor within the Safety zone without the 
express consent from the Captain of the Port, Southeast Alaska.

[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD 79-026, 48 FR 
35408, Aug. 4, 1983]



Sec. 165.1703  Ammunition Island, Port Valdez, Alaska.

    (a) Location. The waters within the following boundaries is a safety 
zone--the area within a radius of 1330 yards of Ammunition Island, 
centered on latitude 61[deg]07[min]28[sec] N, longitude 
146[deg]18[min]29[sec] W, (NAD 83) and the vessel moored or anchored at 
Ammunition Island.
    (b) The area 200 yards off the vessel navigating the Vessel Traffic 
system from abeam of Naked Island, maneuvering to approach, moor, unmoor 
at Ammunition Island, or the departure of the vessel from Ammunition 
Island.
    (c) Special regulation. (1) Section 165.23 does not apply to 
paragraph (a) of this section, except when the vessel is moored to 
Ammunition Island.
    (d) Effective August 25, 1987 Notice of vessels arrival will be made 
in the Notice to Mariners, Local Notice to Mariners and in the Local 
Valdez news-paper, prior to the vessel arrival.

[52 FR 30671, Aug. 17, 1987, as amended by USCG-1998-3799, 63 FR 35533, 
June 30, 1998; COTP Prince William Sound 02-010, 67 FR 45313, July 9, 
2002]

[[Page 838]]



Sec. 165.1704  Prince William Sound, Alaska-regulated navigation area.

    (a) The following is a regulated navigation area: The navigable 
waters of the United States north of a line drawn from Cape Hinchinbrook 
Light to Schooner Rock Light, comprising that portion of Prince William 
Sound between 146[deg]30[min] W. and 147[deg]20[min] W. and includes 
Valdez Arm, Valdez Narrows, and Port Valdez.
    (b) Within the regulated navigation area described in paragraph (a) 
of this section, Sec. 161.60 of this chapter establishes a VTS Special 
Area for the waters of Valdez Arm, Valdez Narrows, and Port Valdez 
northeast of a line bearing 307[deg] True from Tongue Point at 
61[deg]02[min]06[sec] N., 146[deg]40[min] W.; and southwest of a line 
bearing 307[deg] True from Entrance Island Light at 
61[deg]05[min]06[sec] N., 146[deg]36[min]42[sec] W.
    (c) Regulations. In addition to the requirements set forth in Sec. 
161.13 and Sec. 161.60(c) of this chapter, a tank vessel of 20,000 
deadweight tons or more that intends to navigate within the regulated 
navigation area must:
    (1) Report compliance with part 164 of this chapter, to the Vessel 
Traffic Center (VTC);
    (2) Have at least two radiotelephones capable of operating on the 
designated VTS frequency, one of which is capable of battery operation;
    (3) When steady wind conditions in the VTS Special Area or Port 
Valdez exceed, or are anticipated to exceed 40 knots, proceed as 
directed by the VTC (entry into the VTS Special Area and Port Valdez is 
prohibited);
    (4) When transiting the VTS Special Area, limit speed to 12 knots;
    (5) If laden and intending to navigate the VTS Special Area, limit 
speed to 12 knots except between Middle Rock and Potato Point where the 
speed limit shall be 6 knots; and
    (6) Until December 31, 2004, have an operating Automatic 
Identification System Shipborne Equipment (AISSE) system installed.
    (i) The designated digital selective calling frequency (DSC) in 
Prince William Sound is 156.525MHz (VHF Channel 70).
    (ii) AISSE equipped vessels will not be required to make voice radio 
position reports at designated reporting points required by Sec. 
161.20(b), unless otherwise directed by the VTC.
    (iii) Whenever a vessel's AISSE becomes non-operational, as defined 
in Sec. 164.43(c) of this chapter, before entering or while underway in 
the VTS area, a vessel must:
    (A) Notify the VTC;
    (B) Make the required voice radio position reports as set forth in 
Sec. 161.60 and required by Sec. 161.20(b) of this chapter;
    (C) Make other voice radio reports as required by the VTS; and
    (D) Restore the AISSE to operating condition as soon as possible.
    (iv) Whenever a vessel's AISSE becomes non-operational due to a loss 
of position correction information (i.e., the U.S. Coast Guard dGPS 
system cannot provide the required error correction messages) a vessel 
must:
    (A) Make the required voice radio position reports as set forth in 
Sec. 161.60 and required by Sec. 161.20(b) of this chapter; and
    (B) Make other voice radio reports as required by the VTS.
    (v) Whenever a vessel's AISSE becomes non-operational before getting 
underway in the VTS area, permission to get underway must be obtained 
from the VTC.

    Note: Regulations pertaining to Automatic Identification System 
Shipborne Equipment (AISSE) required capabilities are set forth in Part 
164 of this chapter.

[CGD 90-020, 59 FR 36335, July 15, 1994, as amended by CGD 95-033, 60 FR 
28333, May 31, 1995; CGD 97-023, 62 FR 33365, June 19, 1997; USCG-1998-
3799, 63 FR 35533, June 30, 1998; USCG-2003-14757, 68 FR 39368, July 1, 
2003; 68 FR 60570, Oct. 22, 2003]



Sec. 165.1706  Gastineau Channel, Juneau, Alaska--Safety Zone.

    (a) Location. The following area is a safety zone: the waters in 
Juneau Harbor within a 300 yard radius of the vessel or waterfront 
facility located at 58[deg]17[min]41[sec] N, 134[deg]24[min]22[sec] W 
used to conduct fireworks displays.
    (b) Effective date. The safety zone becomes effective on July 3 each 
year at 10 p.m. ADT. It terminates at the conclusion of the fireworks 
display at approximately 2:30 a.m. ADT on July 5 each year, unless 
sooner terminated by the Captain of the Port. If the fireworks display 
is postponed because of

[[Page 839]]

inclement weather, the date and duration of the safety zone will be 
announced in the Local Notices to Mariners.
    (c) Regulation. In accordance with the general regulations in Sec. 
165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port, Southeast Alaska.

[59 FR 31934, June 21, 1994, as amended by COTP Southeast Alaska 00-018, 
65 FR 81363, Dec. 26, 2000]



Sec. 165.1708  Tongass Narrows, Ketchikan, Alaska--Safety Zone.

    (a) Location. The following area is a safety zone: the waters in 
Tongass Narrows within a 300 yard radius of the barge located at 
55[deg]20[min]32[sec] N, 131[deg]39[min]40[sec] W used to conduct 
fireworks displays.
    (b) Effective date. The safety zone becomes effective on July 3 each 
year at 10 p.m. ADT. It terminates at the conclusion of the fireworks 
display at approximately 2:30 a.m. ADT on July 5 each year, unless 
sooner terminated by the Captain of the Port. If the fireworks display 
is postponed because of inclement weather, the date and duration of the 
safety zone will be announced in the Local Notices to Mariners.
    (c) Regulation. In accordance with the general regulations in Sec. 
165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port, Southeast Alaska.

[59 FR 31933, June 21, 1994, as amended at 65 FR 81362, Dec. 26, 2000]



Sec. 165.1709  Security Zones: Liquefied Natural Gas Tanker Transits and 

Operations at Phillips Petroleum LNG Pier, Cook Inlet, AK.

    (a) Location. The following areas are established as security zones 
during the specified conditions:
    (1) All navigable waters within a 1000-yard radius of the Liquefied 
Natural Gas (LNG) tankers during their inbound and outbound transits 
through Cook Inlet, Alaska between the Phillips Petroleum LNG Pier, 
60[deg]40[min]43[sec] N and 151[deg]24[min]10[sec] W, and the Homer 
Pilot Station at 59[deg]34[min]86[sec] N and 151[deg]25[min]74[sec] W. 
On the inbound transit, this security zone remains in effect until the 
tanker is alongside the Phillips Petroleum LNG Pier, 
60[deg]40[min]43[sec] N and 151[deg]24[min]10[sec] W.
    (2) All navigable waters within a 1000-yard radius of the Liquefied 
Natural Gas tankers while they are moored at Phillips Petroleum LNG 
Pier, 60[deg]40[min]43[sec] N and 151[deg]24[min]10[sec] W.
    (b) Special Regulations. (1) For the purpose of this section, the 
general regulations contained in 33 CFR 165.33 apply to all but the 
following vessels in the areas described in paragraph (a):
    (i) Vessels scheduled to moor and offload or load cargo at other 
Nikiski marine terminals that have provided the Coast Guard with an 
Advance Notice of Arrival.
    (ii) Commercial fishing vessels, including drift net and set net 
vessels, fishing from the waters within the zone, if
    (A) The owner of the vessel has previously requested approval from 
the Captain of the Port representative, Marine Safety Detachment Kenai, 
Alaska, to fish in the security zone and
    (B) Has provided the Captain of the Port representative, Marine 
Safety Detachment Kenai, Alaska current information about the vessel, 
including:
    (1) The name and/or the official number, if documented, or state 
number, if numbered by a state issuing authority;
    (2) A brief description of the vessel, including length, color, and 
type of vessel;
    (3) The name, Social Security number, current address, and telephone 
number of the vessel's master, operator or person in charge; and
    (4) Upon request, information on the vessel's crew.
    (C) A vessel owner or operator is required to submit the information 
one time, but shall provide the Captain of the Port representative 
updated information when any part of it changes.
    (D) The Captain of the Port must approve a vessel's request prior to 
being allowed into the security zone at the Phillips Petroleum LNG Pier.
    (E) The vessel is operated in compliance with any specific orders 
issued to the vessel by the Captain of the Port or other regulations 
controlling the operation of vessels within the security zone that may 
be in effect.
    (2) All persons and vessels shall comply with the instructions of 
the Captain of the Port representative or the designated on-scene patrol 
personnel.

[[Page 840]]

These personnel are comprised of commissioned, warrant, and petty 
officers of the Coast Guard. Upon being hailed by a U. S. Coast Guard 
vessel by siren, radio, flashing light, or other means, the operator of 
a vessel shall proceed as directed.
    (3) The Marine Safety Detachment Kenai, Alaska will notify the 
maritime community of these security zones by publishing a Local Notice 
to Mariners and via a bimonthly marine Broadcast Notice to Mariners.

[COTP 02-001, 67 FR 44059, July 1, 2002]



Sec. 165.1710  Port Valdez and Valdez Narrows, Valdez, Alaska--security zones.

    (a) Location. The following areas are security zones:
    (1) Trans-Alaska Pipeline (TAPS) Valdez Terminal complex (Terminal), 
Valdez, Alaska and TAPS tank vessels. All waters enclosed within a line 
beginning on the southern shoreline of Port Valdez 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 at 61[deg]06[min]00[sec] N, 
146[deg]21[min]30[sec] W; thence south to 61[deg]05[min]06[sec] N, 
146[deg]21[min]30[sec] W; thence west along the shoreline and including 
the area 2000 yards inland along the shoreline to the beginning point.
    (2) Tank vessel moving security zone. All waters within 200 yards of 
any TAPS tank vessel maneuvering to approach, moor, unmoor or depart the 
TAPS Terminal or transiting, maneuvering, laying to or anchored within 
the boundaries of the Captain of the Port, Prince William Sound Zone 
described in 33 CFR 3.85-20 (b).
    (3) Valdez Narrows, Port Valdez, Valdez, Alaska. All waters 200 
yards either side of the Valdez Narrows Tanker Optimum Track line 
bounded by a line beginning at 61[deg]05[min]15[sec] N, 
146[deg]37[min]18[sec] W; thence south west to 61[deg]04[min]00[sec] N, 
146[deg]39[min]52[sec] W; thence southerly 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 to 
61[deg]04[min]07.5[sec] N, 146[deg]40[min]15[sec] W; thence north east 
to 61[deg]05[min]22[sec] N, 146[deg]37[min]38[sec] W; thence south east 
back to the starting point at 61[deg]05[min]15[sec] N, 
146[deg]37[min]18[sec] W.
    (b) Regulations. (1) The general regulations in 33 CFR 165.33 apply 
to the security zones described in paragraph (a) of this section.
    (2) Tank vessels transiting directly to the TAPS terminal complex, 
engaged in the movement of oil from the terminal or fuel to the 
terminal, and vessels used to provide assistance or support to the tank 
vessels directly transiting to the terminal, or to the terminal itself, 
and that have reported their movements to the Vessel Traffic Service, as 
required under 33 CFR part 161 and Sec. 165.1704, may operate as 
necessary to ensure safe passage of tank vessels to and from the 
terminal.
    (3) All persons and vessels must comply with the instructions of the 
Coast Guard Captain of the Port and the designated on-scene patrol 
personnel. These personnel comprise commissioned, warrant, and petty 
officers of the Coast Guard. Upon being hailed by a vessel displaying a 
U.S. Coast Guard ensign by siren, radio, flashing light, or other means, 
the operator of the vessel must proceed as directed. Coast Guard 
Auxiliary and local or state agencies may be present to inform vessel 
operators of the requirements of this section and other applicable 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 (``AMHS vessel'') means any 
vessel owned or operated by the Alaska Marine Highway System, including, 
but not limited to: M/V AURORA, M/V CHENEGA, 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/V TUSTUMENA.
    Designated on Scene Representative means any U.S. Coast Guard 
commissioned, warrant or petty officer who has been authorized by the 
District Commander or local Captain of the Port (COTP), as defined in 33 
CFR part 3, subpart 3.85, to act on his or her behalf, or other Federal, 
State or local law enforcement Officers designated by the COTP.

[[Page 841]]

    Escorted HCPV or AMHS vessel means a HCPV or AMHS vessel that is 
accompanied by one or more Coast Guard assets or Federal, State or local 
law enforcement agency assets as listed below:
    (1) Coast Guard surface or air asset displaying the Coast Guard 
insignia.
    (2) State, Federal or local law enforcement assets displaying the 
applicable agency markings and or equipment associated with the agency.
    Federal Law Enforcement Officer means any Federal government law 
enforcement officer who has authority to enforce federal criminal laws.
    High Capacity Passenger Vessel (``HCPV'') means a passenger vessel 
greater than 100 feet in length that is authorized to carry more than 
500 passengers for hire.
    State law enforcement Officer means any State or local government 
law enforcement officer who has authority to enforce State or local 
criminal laws.
    (b) Location. The following areas are security zones: all waters 
within 100 yards around escorted High Capacity Passenger Vessels or 
escorted Alaska Marine Highway System vessels in the navigable waters of 
the Seventeenth Coast Guard District as defined in 33 CFR 3.85-1, from 
surface to bottom.
    (c) Regulations. (1) No vessel may approach within 100 yards of an 
escorted HCPV or escorted AMHS vessel during their transits within the 
navigable waters of the Seventeenth Coast Guard District.
    (2) Moored or anchored vessels that are overtaken by this moving 
zone must remain stationary at their location until the escorted vessel 
maneuvers at least 100 yards away.
    (3) The local Captain of the Port may notify the maritime and 
general public by marine information broadcast of the periods during 
which individual security zones have been activated by providing notice 
in accordance with 33 CFR 165.7.
    (4) Persons desiring to transit within 100 yards of a moving, 
escorted HCPV or AMHS vessel in the Seventeenth Coast Guard District 
must 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 an 
escorted HCPV or AMHS vessel, all persons and vessels must comply with 
the 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 the provisions 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, May 13, 2002, unless 
otherwise noted.



Sec. 165.2010  Purpose.

    This subpart establishes the geographic parameters of naval vessel 
protection zones surrounding U.S. naval vessels in the navigable waters 
of the United States. This subpart also establishes when the U.S. Navy 
will take enforcement action in accordance with the statutory guidelines 
of 14 U.S.C. 91. Nothing in the rules and regulations contained in this 
subpart shall relieve any vessel, including U.S. naval vessels, from the 
observance of the Navigation Rules. The rules and regulations contained 
in this subpart supplement, but do not replace or supercede, any other 
regulation pertaining to the safety or security of U.S. naval vessels.



Sec. 165.2015  Definitions.

    The following definitions apply to this subpart:
    Atlantic Area means that area described in 33 CFR 3.04-1 Atlantic 
Area.
    Large U.S. naval vessel means any U.S. naval vessel greater than 100 
feet in length overall.
    Naval defensive sea area means those areas described in 32 CFR part 
761.
    Naval vessel protection zone is a 500-yard regulated area of water 
surrounding large U.S. naval vessels that is necessary to provide for 
the safety or security of these U.S. naval vessels.
    Navigable waters of the United States means those waters defined as 
such in 33 CFR part 2.
    Navigation rules means the Navigation Rules, International-Inland.

[[Page 842]]

    Official patrol means those personnel designated and supervised by a 
senior naval officer present in command and tasked to monitor a naval 
vessel protection zone, permit entry into the zone, give legally 
enforceable orders to persons or vessels within the zone, and take other 
actions authorized by the U.S. Navy.
    Pacific Area means that area described in 33 CFR 3.04-3 Pacific 
Area.
    Restricted area means those areas established by the Army Corps of 
Engineers and set out in 33 CFR part 334.
    Senior naval officer present in command is, unless otherwise 
designated by competent authority, the senior line officer of the U.S. 
Navy on active duty, eligible for command at sea, who is present and in 
command of any part of the Department of Navy in the area.
    U.S. naval vessel means any vessel owned, operated, chartered, or 
leased by the U.S. Navy; any pre-commissioned vessel under construction 
for the U.S. Navy, once launched into the water; and any vessel under 
the operational control of the U.S. Navy or a Combatant Command.
    Vessel means every description of watercraft or other artificial 
contrivance used, or capable of being used, as a means of transportation 
on water, except U.S. Coast Guard or U.S. naval vessels.



Sec. 165.2020  Enforcement authority.

    (a) Coast Guard. Any Coast Guard commissioned, warrant or petty 
officer may enforce the rules and regulations contained in this subpart.
    (b) Senior naval officer present in command. In the navigable waters 
of the United States, when immediate action is required and 
representatives of the Coast Guard are not present or not present in 
sufficient force to exercise effective control in the vicinity of large 
U.S. naval vessels, the senior naval officer present in command is 
responsible for the enforcement of the rules and regulations contained 
in this subpart to ensure the safety and security of all large naval 
vessels present. In meeting this responsibility, the senior naval 
officer present in command may directly assist any Coast Guard 
enforcement personnel who are present.



Sec. 165.2025  Atlantic Area.

    (a) This section applies to any vessel or person in the navigable 
waters of the United States within the boundaries of the U.S. Coast 
Guard Atlantic Area, which includes the First, Fifth, Seventh, Eighth 
and Ninth U.S. Coast Guard Districts.

    Note to Sec. 165.2025 paragraph (a): The boundaries of the U.S. 
Coast Guard Atlantic Area and the First, Fifth, Seventh, Eighth and 
Ninth U.S. Coast Guard Districts are set out in 33 CFR part 3.

    (b) A naval vessel protection zone exists around U.S. naval vessels 
greater than 100 feet in length overall at all times in the navigable 
waters of the United States, whether the large U.S. naval vessel is 
underway, anchored, moored, or within a floating drydock, except when 
the large naval vessel is moored or anchored within a restricted area or 
within a naval defensive sea area.
    (c) The Navigation Rules shall apply at all times within a naval 
vessel protection zone.
    (d) When within a naval vessel protection zone, all vessels shall 
operate at the minimum speed necessary to maintain a safe course, unless 
required to maintain speed by the Navigation Rules, and shall proceed as 
directed by the Coast Guard, the senior naval officer present in 
command, or the official patrol. When within a naval vessel protection 
zone, no vessel or person is allowed within 100 yards of a large U.S. 
naval vessel unless authorized by the Coast Guard, the senior naval 
officer present in command, or official patrol.
    (e) To request authorization to operate within 100 yards of a large 
U.S. naval vessel, contact the Coast Guard, the senior naval officer 
present in command, or the official patrol on VHF-FM channel 16.
    (f) When conditions permit, the Coast Guard, senior naval officer 
present in command, or the official patrol should:
    (1) Give advance notice on VHF-FM channel 16 of all large U.S. naval 
vessel movements; and
    (2) Permit vessels constrained by their navigational draft or 
restricted in their ability to maneuver to pass within 100 yards of a 
large U.S. naval vessel

[[Page 843]]

in order to ensure a safe passage in accordance with the Navigation 
Rules; and
    (3) Permit commercial vessels anchored in a designated anchorage 
area to remain at anchor when within 100 yards of passing large U.S. 
naval vessels; and
    (4) Permit vessels that must transit via a navigable channel or 
waterway to pass within 100 yards of a moored or anchored large U.S. 
naval vessel with minimal delay consistent with security.

    Note to Sec. 165.2025 paragraph (f): The listed actions are 
discretionary and do not create any additional right to appeal or 
otherwise dispute a decision of the Coast Guard, the senior naval 
officer present in command, or the official patrol.



Sec. 165.2030  Pacific Area.

    (a) This section applies to any vessel or person in the navigable 
waters of the United States within the boundaries of the U.S. Coast 
Guard Pacific Area, which includes the Eleventh, Thirteenth, Fourteenth, 
and Seventeenth U.S. Coast Guard Districts.

    Note to paragraph (a): The boundaries of the U.S. Coast Guard 
Pacific Area and the Eleventh, Thirteenth, Fourteenth, and Seventeenth 
U.S. Coast Guard Districts are set out in 33 CFR part 3.

    (b) A naval vessel protection zone exists around U.S. naval vessels 
greater than 100 feet in length overall at all times in the navigable 
waters of the United States, whether the large U.S. naval vessel is 
underway, anchored, moored, or within a floating dry dock, except when 
the large naval vessel is moored or anchored within a restricted area or 
within a naval defensive sea area.
    (c) The Navigation Rules shall apply at all times within a naval 
vessel protection zone.
    (d) When within a naval vessel protection zone, all vessels shall 
operate at the minimum speed necessary to maintain a safe course, unless 
required to maintain speed by the Navigation Rules, and shall proceed as 
directed by the Coast Guard, the senior naval officer present in 
command, or the official patrol. When within a naval vessel protection 
zone, no vessel or person is allowed within 100 yards of a large U.S. 
naval vessel unless authorized by the Coast Guard, the senior naval 
officer present in command, or official patrol.
    (e) To request authorization to operate within 100 yards of a large 
U.S. naval vessel, contact the Coast Guard, the senior naval officer 
present in command, or the official patrol on VHF-FM channel 16.
    (f) When conditions permit, the Coast Guard, senior naval officer 
present in command, or the official patrol should:
    (1) Give advance notice on VHF-FM channel 16 of all large U.S. naval 
vessel movements;
    (2) Permit vessels constrained by their navigational draft or 
restricted in their ability to maneuver to pass within 100 yards of a 
large U.S. naval vessel in order to ensure a safe passage in accordance 
with the Navigation Rules; and
    (3) Permit commercial vessels anchored in a designated anchorage 
area to remain at anchor when within 100 yards of passing large U.S. 
naval vessels; and
    (4) Permit vessels that must transit via a navigable channel or 
waterway to pass within 100 yards of a moored or anchored large U.S. 
naval vessel with minimal delay consistent with security.

    Note to paragraph (f): The listed actions are discretionary and do 
not create any additional right to appeal or otherwise dispute a 
decision of the Coast Guard, the senior naval officer present in 
command, or the official patrol.

[PAC AREA-02-001, 67 FR 38394, June 4, 2002]



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, Gulf of Mexico.
166.300 Areas along the coast of California.
166.400 Areas along the coast of Alaska.
166.500 Areas along the Atlantic Coast.


[[Page 844]]


    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 designate 
shipping safety fairways and fairway anchorages to provide unobstructed 
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 or longitude, 
or both, are not intended for plotting on maps or charts whose 
referenced horizontal datum is the North American Datum of 1983 (NAD 
83), unless such geographic coordinates are expressly labeled NAD 83. 
Geographic coordinates without the NAD 83 reference may be plotted on 
maps or charts referenced to NAD 83 only after application of the 
appropriate corrections that are published on the particular map or 
chart being used.

[CGD 86-082, 52 FR 33811, Sept. 8, 1987]



Sec. 166.105  Definitions.

    (a) Shipping safety fairway or fairway means a lane or corridor in 
which no artificial island or fixed structure, whether temporary or 
permanent, will be permitted. Temporary underwater obstacles may be 
permitted under certain conditions described for specific areas in 
Subpart B. Aids to navigation approved by the U.S. Coast Guard may be 
established in a fairway.
    (b) Fairway anchorage means an anchorage area contiguous to and 
associated with a fairway, in which fixed structures may be permitted 
within certain spacing limitations, as described for specific 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 in 
accordance 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 in this 
section are established to control the erection of structures therein to 
provide safe approaches through oil fields in the Gulf of Mexico 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 floating or 
semisubmersible drilling rigs outside a fairway may be placed within a 
fairway described in this section for the Gulf of Mexico, provided the 
following conditions are met:
    (1) Anchors installed within fairways to stablize semisubmersible 
drilling rigs shall be allowed to remain 120 days. This period may be 
extended by the Army Corps of Engineers, as provided by Sec. 
209.135(b).
    (2) Drilling rigs must be outside of any fairway boundary to 
whatever distance is necessary to ensure that the minimum depth of water 
over an anchor line within a fairway is 125 feet.
    (3) No anchor buoys or floats or related rigging will be allowed on 
the surface of the water or to a depth of at least 125 feet from the 
surface, within a fairway.
    (4) Aids to Navigation or danger markings must be installed as 
required by 33 CFR Subchapter C.
    (c) Special Conditions for Fairway Anchorages in the Gulf of Mexico. 
Structures may be placed within an area designated as a fairway 
anchorage, but the number of structures will be limited by spacing as 
follows:
    (1) The center of a structure to be erected shall not be less than 
two (2) nautical miles from the center of any existing structure.
    (2) In a drilling or production complex, associated structures 
connected by walkways shall be considered one structure for purposes of 
spacing, and shall be as close together as practicable having due 
consideration for the safety factors involved.
    (3) A vessel fixed in place by moorings and used in conjunction with 
the associated structures of a drilling or

[[Page 845]]

production complex, shall be considered an attendant vessel and the 
extent of the complex shall include the vessel and its moorings.
    (4) When a drilling or production complex extends more than five 
hundred (500) yards from the center, a new structure shall not be 
erected closer than two (2) nautical miles from the outer limit of the 
complex.
    (5) An underwater completion installation in an anchorage area shall 
be considered a structure and shall be marked with a lighted buoy 
approved by the United States Coast Guard under Sec. 66.01.
    (d) Designated Areas--(1) Brazos Santiago Pass Safety 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 enclosed by 
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]
------------------------------------------------------------------------


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 rhumb line 
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 rhumb lines 
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 by rhumb 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:

[[Page 846]]



------------------------------------------------------------------------
              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 between rhumb 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 enclosed by 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]
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 rhumb lines 
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 by rhumb 
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 between rhumb 
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 enclosed by 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:

[[Page 847]]



------------------------------------------------------------------------
              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 rhumb lines 
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 Pass Inshore Anchorage 
Area. The area enclosed by rhumb lines joining points 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]
29[deg]36[min]28[sec].....................  93[deg]47[min]14[sec]
------------------------------------------------------------------------

    (ii) Sabine Bank Offshore (North) Anchorage Area. The area enclosed 
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 area enclosed 
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 area enclosed 
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 Santiago Pass to Aransas 
Pass. The areas between rhumb lines joining points at:

------------------------------------------------------------------------
              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 rhumb lines 
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]

[[Page 848]]

 
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 rhumb lines 
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) Calcasieu Pass North 
Anchorage Area. The area enclosed by rhumb lines joining points 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]
------------------------------------------------------------------------

    (ii) Calcasieu Pass South Anchorage Area. The area enclosed 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 by rhumb 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 lines joining 
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 lines joining 
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 a line 
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 a line 
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]
------------------------------------------------------------------------


[[Page 849]]


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 lines joining 
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 line joining 
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 line joining 
points at:

------------------------------------------------------------------------
              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 a line 
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 a line 
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 to Southwest 
Pass Safety Fairway. The areas between rhumb lines joining 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) Safety Fairway--(i) 
Southwest Pass (Mississippi River) to Gulf Safety 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]

[[Page 850]]

 
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 Safety 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]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 line joining 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 area enclosed 
by rhumb lines joining points at:

------------------------------------------------------------------------
              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) Safety Fairway--(i) South Pass 
to Sea Safety Fairway. The areas 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-Gulf Outlet 
Channel Safety Fairway. The areas between rhumb lines joining 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 areas within 
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) The areas 
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]

[[Page 851]]

 
29[deg]26[min]38[sec].....................  88[deg]58[min]43[sec]
------------------------------------------------------------------------

    (ii) Mississippi River-Gulf Outlet Channel to Mobile Ship Channel 
Safety Fairway. The areas within rhumb lines joining points at:

------------------------------------------------------------------------
              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 areas within 
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 lines joining 
points at:

------------------------------------------------------------------------
              Latitude North                       Longitude West
------------------------------------------------------------------------
30[deg]20[min]54[sec].....................  89[deg]05[min]36[sec]
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 joining points 
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 rhumb lines 
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:

[[Page 852]]



------------------------------------------------------------------------
              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 Channel Safety 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]
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 areas between 
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 between rhumb 
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 joining points 
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 lines joining 
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]

[[Page 853]]

 
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 lines joining 
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 area between 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:

------------------------------------------------------------------------
               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 rhumb lines 
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 lines joining 
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 area between 
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 lines joining 
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]
------------------------------------------------------------------------


[[Page 854]]

    (48) Tampa Safety Fairways. The area between rhumb lines joining 
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 Fairway Anchorage. The area 
enclosed by rhumb lines [North American Datum of 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 by rhumb 
lines [North American Datum of 1927 (NAD-27)] joining points 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 lines joining 
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:

------------------------------------------------------------------------
              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 lines joining 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 Fairway to 
Safety Zone--(i) North of Gulf Safety Fairway. The two 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 area enclosed 
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 by rhumb 
lines [North American Datum of 1927 (NAD-27)], joining points 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 citations affecting Sec. 
166.200, see the List of CFR Sections Affected, 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 are established 
to control the erection of structures therein to provide safe vessel 
routes along the coast of California.
    (b) Designated Areas--(1) Port Hueneme Safety Fairway. An area one 
nautical mile in width centered on the alinement of Port Hueneme 
Entrance Channel and extending seaward from the 30-foot-depth curve for 
a distance of 1.5 nautical miles, thence turning southerly and widening 
to 1.5 nautical miles

[[Page 855]]

at the 3-mile limit, 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 the seaward end of the 
west entrance jetty; seaward end of the east entrance 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, are established 
to control the erection of structures therein to provide safe vessel 
routes along the coast of Alaska.
    (b) Designated Areas--(1) Prince William Sound Safety Fairway. (i) 
Hinchinbrook Entrance Safety Fairway. The area 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 for inbound 
vessel traffic). The area enclosed by rhumb lines joining points 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
59[deg]14[min]18[sec] N              144[deg]04[min]53[sec] W
------------------------------------------------------------------------

    (iii) Hinchinbrook to Gulf Safety Fairway (recommended for outbound 
vessel traffic). The area enclosed by rhumb lines joining points 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 Safety Fairway. 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 rhumb lines 
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 are established 
to control the erection of structures therein to provide safe vessel 
routes along the Atlantic Coast.
    (b) Designated Areas--(1) Off New York Shipping Safety Fairway. (i) 
Ambrose to Nantucket Safety Fairway. The area enclosed 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 enclosed by 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
------------------------------------------------------------------------


[[Page 856]]


[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 and Precautionary 
                                  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.
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 Traffic Separation Scheme: 
          General.
167.201 In the approaches to Chesapeake Bay: Precautionary area.
167.202 In the approaches to Chesapeake Bay: Eastern approach.
167.203 In the approaches to Chesapeake Bay: Southern approach.

                           Atlantic Gulf Coast

167.350 In the approaches to Galveston Bay Traffic Separation 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 Separation Scheme: General.
167.451 In the Santa Barbara Channel: Between Point Vicente and Point 
          Conception.
167.452 In the Santa Barbara Channel: Between Point Conception and Point 
          Arguello.
167.500 In the approaches to Los Angeles-Long Beach Traffic Separation 
          Scheme: General.
167.501 In the approaches to Los Angeles/Long Beach: Precautionary area.
167.502 In the approaches to Los Angeles-Long Beach: Western approach.
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 Sound Traffic
167.1703 In Prince William Sound: Valdez Arm Traffic Separation 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 and 
designate traffic separation schemes and precautionary areas to provide 
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 an area 
within defined limits in which either navigation is particularly 
hazardous or it is exceptionally important to avoid casualties and which 
should be avoided by all ships or certain classes of ships.
    (b) Traffic separation scheme (TSS) means a designated routing 
measure which is aimed at the separation of opposing streams of traffic 
by appropriate means and by the establishment of traffic lanes.

[[Page 857]]

    (c) Traffic lane means an area within defined limits in which one-
way traffic is established. Natural obstacles, including those forming 
separation zones, may constitute a boundary.
    (d) Separation zone or line means a zone or line separating the 
traffic lanes in which ships are proceeding in opposite or nearly 
opposite directions; or separating a traffic lane from the adjacent sea 
area; or separating traffic lanes designated for particular classes of 
ships proceeding in the same direction.
    (e) Precautionary area means a routing measure comprising an area 
within defined limits where ships must navigate with particular caution 
and within which the direction of traffic flow may be recommended.
    (f) Deep-water route means an internationally recognized routing 
measure primarily intended for use by ships that, because of their draft 
in relation to the available depth of water in the area concerned, 
require the use of such a route.
    (g) Two-way route means a route within defined limits inside which 
two-way traffic is established, aimed at providing safe passage of 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]



Sec. 167.10  Operating rules.

    The operator of a vessel in a TSS shall comply with Rule 10 of the 
International Regulations for Preventing Collisions at Sea, 1972, as 
amended.



Sec. 167.15  Modification of schemes.

    (a) A traffic separation scheme or precautionary area described in 
this 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 Part 
may be temporarily adjusted by the Commandant of the Coast Guard in an 
emergency, or to accommodate operations which would create an undue 
hazard for vessels using the scheme or which would contravene Rule 10 of 
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 temporary 
precautionary area overlaying a lane, or other appropriate measure. 
Adjustments will only be made where, in the judgment of the Coast Guard, 
there is no reasonable alternative means of conducting an operation and 
navigation safety will not be jeopardized by the adjustment. Notice of 
adjustments will be made in the appropriate Notice to Mariners and in 
the Federal Register. Requests by members of the public for temporary 
adjustments to traffic separation schemes must be submitted 150 days 
prior to the time the adjustment is desired. Such Requests, describing 
the interference that would otherwise occur to a TSS, should be 
submitted to the District Commander of the Coast Guard District in which 
the TSS is located.



 Subpart B_Description of Traffic Separation Schemes and Precautionary 

                                  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 Scheme and 
Precautionary Areas are described in Sec. Sec. 167.151, 167.152, 
167.153, 167.154, and 167.155 of 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 7 miles is 
established centered upon 40[deg]27.50[min] N, 73[deg]49.90[min] W.
    (b) A precautionary area is established between the traffic 
separation scheme ``Eastern Approach, off Nantucket'' and the traffic 
separation scheme ``In the Approach to Boston, Massachusetts.'' (1) The 
precautionary area is bounded to the east by a circle of radius 15.5 
miles, centered upon geographical position 40[deg]35.00[min] N, 
69[deg]00.00[min]

[[Page 858]]

W, and is intersected by the traffic separation schemes ``In the 
Approach to Boston, Massachusetts'' and ``Off New York'' at the 
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 line 
connecting the two traffic separation schemes between the following 
geographical 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, as amended by USCG-2010-0351, 
75 FR 36287, June 25, 2010]



Sec. 167.152  Off New York: Eastern approach, off Nantucket.

    (a) A separation zone is established bounded by a line connecting 
the 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
------------------------------------------------------------------------

    (b) A traffic lane for westbound traffic is established between the 
separation zone and a line connecting the following geographical 
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 between the 
separation zone and a line connecting the following geographical 
positions:

------------------------------------------------------------------------
              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.

    (a) A separation zone is established bounded by a line connecting 
the 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 between the 
separation zone and a line connecting the following geographical 
positions:

------------------------------------------------------------------------
              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 between the 
separation zone and a line connecting the following geographical 
positions:

------------------------------------------------------------------------
              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 connecting 
the 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 established 
between the separation zone and a line connecting the following 
geographical 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 established 
between the separation zone and a line connecting the following 
geographical 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

[[Page 859]]

 
   39[deg]59.43[min] N                  73[deg]22.35[min] W
------------------------------------------------------------------------


[CGD 84-004, 52 FR 33589, Sept. 4, 1987, as amended by CGD 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 connecting 
the 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 between the 
separation zone and a line connecting the following geographical 
positions:

------------------------------------------------------------------------
              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 between the 
separation zone and a line connecting the following geographical 
positions:

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


[CGD 84-004, 52 FR 33589, Sept. 4, 1987, as amended by USCG-2010-0351, 
75 FR 36287, June 25, 2010]



Sec. 167.170  Off Delaware Bay Approach Traffic Separation Scheme: General.

    The Off Delaware Bay Approach Traffic Separation Scheme consists of 
four parts: an Eastern Approach, a Southeastern Approach, a Two-Way 
Traffic Route, and a Precautionary Area. The specific areas in the Off 
Delaware Bay Approach Traffic Separation Scheme and Precautionary Area 
are 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 connecting 
the 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 between the 
separation zone and a line connecting the following geographic 
positions:

------------------------------------------------------------------------
              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 between the 
separation zone and a line connecting the following geographic 
positions:

------------------------------------------------------------------------
              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 connecting 
the 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 established 
between separation zone and a line connecting the following geographic 
positions:

------------------------------------------------------------------------
              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 established 
between the separation zone and a line connecting the following 
geographic positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   38[deg]42.80[min] N                  74[deg]58.90[min] W

[[Page 860]]

 
   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 by 
tug and tow traffic transiting to and from the northeast in order to 
separate such traffic from large, inbound vessel traffic.
    (a) The Two-Way Traffic Route is bounded on the west and south by a 
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 by a 
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]



Sec. 167.174  Off Delaware Bay: Precautionary area.

    A precautionary area is established as follows: from 
38[deg]42.80[min] N, 74[deg]58.90[min] W; then northerly by an arc of 
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; then northerly to 
38[deg]50.75[min] N, 75[deg]03.40[min] W; then northeasterly to 
38[deg]51.27[min] N, 75[deg]02.83[min] W; then northerly to 
38[deg]54.80[min] N, 75[deg]01.60[min] W; then westerly by an arc of 6.7 
nautical miles centered at 38[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 Chesapeake 
Bay consists of three parts: a Precautionary Area, an Eastern Approach, 
and a Southern Approach. The Southern Approach consists of inbound and 
outbound lanes for vessels drawing 13.5 meters (45 feet) of fresh water 
or less, separated by a deep-water (DW) route for inbound and outbound 
vessels with drafts exceeding 13.5 meters (45 feet) in fresh water and 
for naval aircraft carriers. Each part is defined geographically, using 
North American Datum 1983 (NAD 83), in Sec. Sec. 167.201, 167.202, 
167.203.
    (b) All vessels approaching the Traffic Separation Scheme in the 
Approaches to Chesapeake Bay should use the appropriate inbound or 
outbound 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 a two-
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 following 
geographic 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 separation 
line 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 separation 
line and

[[Page 861]]

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 separation lines 
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 separation lines 
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 running through 
the following geographical positions:

------------------------------------------------------------------------
              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 route 
established in paragraph (c) of this section when bound for Chesapeake 
Bay from sea or to sea from Chesapeake Bay:
    (1) Deep draft vessels (drafts greater than 13.5 meters/45 feet in 
fresh water).
    (2) Naval aircraft carriers.
    (e) It is recommended that a vessel using the deep-water route 
established in paragraph (c) of this section--
    (1) Announce its intention on VHF-FM Channel 16 as it approaches 
Chesapeake Bay Southern Approach Lighted Whistle Buoy CB on the south 
end, or Chesapeake Bay Junction Lighted Buoy CBJ on the north end of the 
route;
    (2) Avoid, as far as practicable, overtaking other vessels operating 
in the deep-water route; and
    (3) Keep as near to the outer limit of the route which lies on the 
vessel's starboard side as is safe and practicable.
    (f) Vessels other than those listed in paragraph (d) of this section 
should not use the deep-water route.

[CGD 90-039, 59 FR 21937, Apr. 28, 1994, as amended by 59 FR 28449, June 
1, 1994]

                           Atlantic Gulf Coast



Sec. 167.350  In the approaches to Galveston Bay Traffic Separation Scheme and 

precautionary areas.

    (a) An inshore precautionary area bounded by a line connecting the 
following 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 the 
following 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 is 
established between the separation zone and a line connecting the 
following 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 is 
established between the separation zone and line connecting the 
following geographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
(2) 29[deg]16.10[min] N                 94[deg]37.00[min] W

[[Page 862]]

 
(11) 29[deg]07.70[min] N                94[deg]27.80[min] W
------------------------------------------------------------------------

    (e) An offshore precautionary area bounded by a line connecting the 
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 of the 
inshore precautionary area. Due to heavy vessel traffic, mariners are 
advised not to anchor or linger in this precautionary area except to 
pick up or disembark a pilot.

[CGD 81-080, 48 FR 36456, Aug. 11, 1983. Redesignated by 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, July 31, 2000, unless otherwise 
noted.



Sec. 167.400  Off San Francisco Traffic Separation Scheme: General.

    The Off San Francisco Traffic Separation Scheme consists of six 
parts: 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 TSS and Precautionary Area are 
described in Sec. Sec. 167.401 through 167.406 of this chapter. The 
geographic coordinates in Sec. Sec. 167.401 through 167.406 are defined 
using North American Datum 1983 (NAD 83).



Sec. 167.401  Off San Francisco: Precautionary area.

    (a)(1) A precautionary area is established bounded to the west by an 
arc of a circle with a radius of 6 miles centering upon geographical 
position 37[deg]45.00[min] N, 122[deg]41.50[min] W and 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 line 
connecting 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 the 
precautionary area described in paragraph (a) of this section. Due to 
heavy vessel traffic, mariners are advised not to anchor or linger in 
this 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 the following 
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 established 
between the separation zone and a line connecting the following 
geographical 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 established 
between the separation zone and a line connecting the following 
geographical 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 the following 
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.
------------------------------------------------------------------------


[[Page 863]]

    (b) A traffic lane for northbound traffic is established between the 
separation zone and a line connecting the following geographical 
positions:

------------------------------------------------------------------------
              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 between the 
separation zone and a line connecting the following geographical 
positions:

------------------------------------------------------------------------
              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 the following 
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 established 
between the separation zone and a line connecting the following 
geographical 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.
------------------------------------------------------------------------

    (c) A traffic lane for north-eastbound traffic is established 
between the separation zone and a line connecting the following 
geographical 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 geographical positions:

------------------------------------------------------------------------
              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 between the 
separation line and a line connecting the following geographical 
positions:

------------------------------------------------------------------------
              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 between the 
separation line and a line connecting the following geographical 
positions:

------------------------------------------------------------------------
              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 nautical 
mile, 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 is 
described in Sec. Sec. 167.451 and 167.452. The geographic coordinates 
in Sec. Sec. 167.451 and 167.452 are defined using North American Datum 
1983 (NAD 83).



Sec. 167.451  In the Santa Barbara Channel: Between Point Vicente and Point Conception.

    (a) A separation zone is bounded by a line connecting the following 
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 established 
between the separation zone and a line connecting the following 
geographical 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.
------------------------------------------------------------------------


[[Page 864]]

    (c) A traffic lane for south-eastbound traffic is established 
between the separation zone and a line connecting the following 
geographical 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 Point 

Arguello.

    (a) A separation zone is bounded by a line connecting the following 
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 between the 
separation zone and a line connecting the following geographical 
positions:

------------------------------------------------------------------------
              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 between the 
separation zone and a line connecting the following geographical 
positions:

------------------------------------------------------------------------
              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 Separation 

Scheme: General.

    The Traffic Separation Scheme in the approaches to Los Angeles-Long 
Beach consists of three parts: a Precautionary Area, a Western Approach, 
and a Southern Approach. The specific areas in the approaches to Los 
Angeles-Long Beach are described in Sec. Sec. 167.501 through 167.503. 
The geographic coordinates in Sec. Sec. 167.501 through 167.503 are 
defined 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 by 
the Los Angeles-Long Beach breakwater and a line connecting Point Fermin 
Light at 33[deg]42.30[min] N, 118[deg]17.60[min] W, with the following 
geographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   33[deg]35.50[min] N                118[deg]17.60[min] W.
   33[deg]35.50[min] N                118[deg]09.00[min] W.
   33[deg]37.70[min] N                118[deg]06.50[min] W.
   33[deg]43.40[min] N                118[deg]10.80[min] W.
------------------------------------------------------------------------

    (b) Pilot boarding areas are located within the precautionary area 
described in paragraph (a) of this section. Specific regulations 
pertaining to vessels operating in these areas are contained in 33 CFR 
165.1109(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 the following 
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 established 
between the separation zone and a line connecting the following 
geographical 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 established 
between the separation zone and a line connecting the following 
geographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
   33[deg]35.50[min] N                118[deg]17.60[min] W.
   33[deg]35.50[min] N                118[deg]23.43[min] W.
   33[deg]42.30[min] N                118[deg]37.50[min] W.
------------------------------------------------------------------------


[[Page 865]]


[USCG-2000-7695, 65 FR 53913, Sept. 6, 2000]



Sec. 167.503  In the approaches to Los Angeles-Long Beach TSS: Southern 

approach.

    (a) A separation zone is established bounded by a line connecting 
the 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 between the 
separation zone and a line connecting the following geographical 
positions:

------------------------------------------------------------------------
              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 between the 
separation zone and a line connecting the following geographical 
positions:

------------------------------------------------------------------------
              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 of four 
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 through 167.1703. The geographic 
coordinates in Sec. Sec. 167.1701 through 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 established and is 
bounded by a line connecting the following geographical positions:

------------------------------------------------------------------------
              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 of radius 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 near the 
center of the Bligh Reef precautionary area is established. Regulations 
for vessels operating in these areas are in Sec. 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 

Separation Scheme.

    The Prince William Sound Traffic Separation Scheme consists of the 
following:
    (a) A separation zone bounded by a line connecting the following 
geographical 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 separation 
zone 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 separation 
zone 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]

[[Page 866]]



Sec. 167.1703  In Prince William Sound: Valdez Arm Traffic Separation Scheme.

    The Valdez Arm Traffic Separation Scheme consists of the following:
    (a) A separation zone bounded by a line connecting the following 
geographical 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 separation 
zone 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 separation 
zone 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.
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, 104 Stat. 520 (46 
U.S.C. 3703 note); Department of Homeland Security Delegation 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 section 
4116(c) of the Oil Pollution Act of 1990 (OPA 90) (Pub. L. 101-380). The 
regulations will reduce the risk of oil spills from laden, single hull 
tankers over 5,000 GT by requiring that these tankers be escorted by at 
least two suitable escort vessels. The escort vessels will be 
immediately available to influence the tankers' speed and course in the 
event of a steering or propulsion equipment failure, thereby reducing 
the possibility of groundings or collisions.
    (b) The regulations in this part establish minimum escort vessel 
requirements. Nothing in these regulations should be construed as 
relieving the master of a tanker from the duty to operate the vessel in 
a safe and prudent manner, taking into account the navigational 
constraints of the waterways to be traversed, other vessel traffic, and 
anticipated weather, tide, and sea conditions, which may require reduced 
speeds, greater assistance from escort vessels, or other operational 
precautions.



Sec. 168.05  Definitions.

    As used in this part--
    Disabled tanker means a tanker experiencing a loss of propulsion or 
steering control.
    Escort transit means that portion of the tanker's voyage through 
waters where escort vessels are required.
    Escort vessel means any vessel that is assigned and dedicated to a 
tanker during the escort transit, and that is fendered and outfitted 
with towing gear as appropriate for its role in an emergency response to 
a disabled tanker.
    Laden means transporting in bulk any quantity of applicable cargo, 
except for clingage and residue in otherwise empty cargo tanks.
    Single hull tanker means any self-propelled tank vessel that is not 
constructed with both double bottom and double sides in accordance with 
the provisions of 33 CFR 157.10d.
    Tanker master means the licensed onboard person in charge of the 
tanker.
    Tanker owner or operator means the owner or shoreside organization 
(individual, corporation, partnership, or association), including a 
demise charterer, responsible for the overall management and operation 
of the tanker.

[[Page 867]]



Sec. 168.10  Responsibilities.

    (a) The tanker owner or operator shall:
    (1) select escort vessels that can meet the performance requirements 
of this part; and
    (2) inform the tanker master of the performance capabilities of the 
selected escort vessels. This information must be provided to the master 
before beginning the escort transit.
    (b) The tanker master shall operate the tanker within the 
performance capabilities of the escort vessels, taking into account 
speed, sea and weather conditions, navigational considerations, and 
other factors that may change or arise during the escort transit.
    (c) In an emergency, the tanker master may deviate from the 
requirements of this part to the extent necessary to avoid endangering 
persons, property, or the environment, but shall immediately report the 
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 tankers of 
5,000 gross tons or more.



Sec. 168.30  Applicable cargoes.

    The requirements of this part apply to any petroleum oil listed in 
46 CFR Table 30.25-1 as a pollution category I cargo.



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 part applies 
must be escorted by at least two escort vessels in those navigable 
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 line drawn from Cape Hinchinbrook 
Light, to Seal Rocks Light, to a point on Montague 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 Puget and Cape Cleare.
    (b) Puget Sound and certain associated waters: Each tanker to which 
this part applies must be escorted by at least two escort vessels in 
those navigable waters of the United States and Washington State east of 
a line connecting New Dungeness Light with Discovery Island Light and 
all points in the Puget Sound area north and south of these lights. This 
area includes all the navigable waters of the United States within Haro 
Strait, Rosario Strait, the Strait of Georgia, Puget Sound, and Hood 
Canal, as well as those portions of the Strait of Juan de Fuca east of 
the New Dungeness-Discovery Island line.



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 part applies:
    (1) Must be accompanied by escort vessels that meet the performance 
requirements of paragraph (b) of this section (but not less than the 
number of escorts required by Sec. 168.40).
    (2) Must have the escort vessels positioned relative to the tanker 
such that timely response to a propulsion or steering failure can be 
effected.
    (3) Must not exceed a speed beyond which the escort vessels can 
reasonably be expected to safely bring the tanker under control within 
the navigational limits of the waterway, taking into consideration 
ambient 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 any combination 
as needed, and considering their applied force vectors on the tanker's 
hull, must be capable of--
    (1) Towing the tanker at 4 knots in calm conditions, and holding it 
in steady position against a 45-knot headwind;
    (2) [Reserved]
    (3) Holding the tanker on a steady course against a 35-degree locked 
rudder at a speed of 6 knots; and
    (4) Turning the tanker 90 degrees, assuming a free-swinging rudder 
and a speed of 6 knots, within the same distance (advance and transfer) 
that it

[[Page 868]]

could turn itself with a hard-over rudder.

[CGD 91-202, 59 FR 42968, Aug. 19, 1994, as amended at 70 FR 55730, 
Sept. 23, 2005]



Sec. 168.60  Pre-escort conference.

    (a) Before commencing an escort transit, the tanker master shall 
confer, by radio or in person, with the tanker pilot and the masters of 
the escort vessels regarding the escort operation.
    (b) The purpose of the pre-escort conference is for all parties to 
plan and discuss particulars of the escort transit.
    (c) At a minimum, the following topics must be addressed during the 
pre-escort conference:
    (1) The destination, route, planned speed, other vessel traffic, 
anticipated weather, tide, and sea conditions, and other navigational 
considerations;
    (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 escort 
vessels 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 deck 
equipment;
    (5) The manner in which an emergency towline connection would be 
made (which escort vessel will respond, how messengers and towlines will 
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 of the 
          publications mentioned in this part?

Subpart B_Establishment of Two Mandatory Ship Reporting Systems for the 
                   Protection of Northern Right Whales

169.100 What mandatory ship reporting systems are established 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 and Tracking 
                               Information

169.200 What is the purpose of this subpart?
169.205 What types of ships are required to transmit LRIT information 
          (position reports)?
169.210 Where during its international voyage must a ship transmit 
          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 is switched 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, June 1, 1999, unless otherwise 
noted.



                            Subpart A_General



Sec. 169.1  What is the purpose of this part?

    This subpart prescribes the requirements for mandatory ship 
reporting systems. Ship reporting systems are

[[Page 869]]

used to provide, gather, or exchange information through radio reports. 
The information is used to 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.

    Note to Sec. 169.1: For ship reporting system requirements not 
established by the Coast Guard, see 50 CFR Part 404.

[USCG-1999-5525, 64 FR 29234, June 1, 1999, as amended by USCG-2005-
22612, 73 FR 23318, Apr. 29, 2008; USCG-2009-0416, 74 FR 27442, June 10, 
2009]



Sec. 169.5  How are terms used in this part defined?

    As used in this part--
    Administration means the Government of the State whose flag the ship 
is entitled to fly.
    Cargo ship means any ship which is not a passenger ship.
    Flag Administration means the Government of a State whose flag the 
ship is entitled to fly.
    Gross tonnage means tonnage as defined under the International 
Convention on Tonnage Measurement of Ships, 1969 (Incorporated by 
reference, see Sec. 169.15).
    Gross tons means vessel tonnage measured in accordance with the 
method utilized by the flag state administration of that vessel.
    High speed craft means a craft that is operable on or above the 
water and is capable of a maximum speed equal to or exceeding 
V=3.7xdispl \.1667\, where ``V'' is the maximum speed and ``displ'' is 
the vessel displacement corresponding to the design waterline in cubic 
meters.
    High speed passenger craft means a high speed craft carrying more 
than 12 passengers.
    International voyage means a voyage from a country to which the 
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 port in the 
United States, regardless of when the voyage actually began. Such 
voyages for U.S. ships will continue until the ship returns to the 
United States from its last foreign port.
    Long range identification and tracking (LRIT) information or 
position report means a report containing the following information:
    (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 SOLAS Contracting 
Government or a group of Contracting Governments, or in the case of the 
International Data Center, by IMO, to request, receive, process, and 
archive LRIT information. An LRIT Data Center may be National, Regional, 
Co-operative or International.
    Mandatory ship reporting system means a ship reporting system that 
requires the participation of specified vessels or classes of vessels, 
and that is established by a government or governments after adoption of 
a proposed system by the International Maritime Organization (IMO) as 
complying with all requirements of regulation V/8-1 of the International 
Convention for the Safety of Life at Sea, 1974, as amended (SOLAS), 
except paragraph (e) thereof.
    Mobile offshore drilling unit means a self-propelled vessel capable 
of engaging in drilling operations for the exploration or exploitation 
of subsea resources.
    Passenger ship means a ship that carries more than 12 passengers.
    Self-propelled ships means ships propelled by mechanical means.
    Shore-based authority means the government appointed office or 
offices that will receive the reports made by ships entering each of the 
mandatory ship reporting systems. The office or offices will be 
responsible for the management and coordination of the system, 
interaction with participating ships, and the safe and effective 
operation of the system. Such an authority may or may not be an 
authority in charge of a vessel traffic service.
    United States means the States of the United States, the District of 
Columbia, Guam, Puerto Rico, the Virgin Islands, American Samoa, the 
Northern

[[Page 870]]

Mariana Islands, and any other territory or possession of the United 
States.

[USCG-1999-5525, 66 FR 58070, Nov. 20, 2001, as amended 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 or longitude, 
or both, are not intended for plotting on maps or charts where the 
referenced horizontal datum is the North American Datum of 1983 (NAD 
83), unless such geographic coordinates are expressly labeled NAD 83. 
Geographic coordinates without the NAD 83 reference may be plotted on 
maps or charts referenced to NAD 83 only after application of the 
appropriate corrections that are published on the particular map or 
chart being used.



Sec. 169.15  Incorporation by reference: Where can I get a copy of the 

publications mentioned in this part?

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 U.S.C. 
552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of change 
in the Federal Register and the material must be available to the 
public. All approved material is available for inspection at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030 or go to 
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html. Also, it is available for inspection at 
the Coast Guard, Office of Navigation Systems (CG-54132), 2100 2nd St. 
SW., Stop 7581, Washington, DC 20593-7581, and is available from the 
sources indicated in this section.
    (b) International Electrotechnical Commission (IEC) Bureau Central 
de la Commission Electrotechnique Internationale, 3 rue de 
Varemb[eacute], P.O. Box 131, 1211 Geneva 20, Switzerland.
    (1) IEC 60945, Fourth edition 2002-08, Maritime navigation and 
radiocommunication equipment and systems--General requirements--Methods 
of testing and required test results, incorporation by reference 
approved for Sec. 169.215.
    (2) [Reserved]
    (c) International Maritime Organization (IMO), 4 Albert Embankment, 
London SE1 7SR, U.K.
    (1) IMO Resolution MSC.202(81), adopted on May 19, 2006, Adoption of 
Amendments to the International Convention for the Safety of Life at 
Sea, 1974, as Amended, incorporation by reference approved for Sec. 
169.240.
    (2) IMO Resolution MSC.210(81), adopted on May 19, 2006, Performance 
Standards and Functional Requirements for the Long-Range Identification 
and Tracking of Ships, incorporation by reference approved 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 Functional 
Requirements for the Long-Range Identification and Tracking of Ships, 
incorporation by reference approved for Sec. Sec. 169.215 and 169.240.
    (4) IMO Resolution A.694(17), adopted on November 6, 1991, General 
Requirements for Shipborne Radio Equipment Forming Part of the Global 
Maritime Distress and Safety System (GMDSS) and for Electronic 
Navigational Aids, incorporation by reference approved for Sec. 
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, as amended by USCG-2010-
0351, 75 FR 36287, June 25, 2010]



Subpart B_Establishment of Two Mandatory Ship Reporting Systems for the 

                   Protection of Northern Right Whales



Sec. 169.100  What mandatory ship reporting systems are established by this 

subpart?

    This subpart prescribes requirements for the establishment and 
maintenance of two mandatory ship reporting systems for the protection 
of the endangered northern right whale (also known as the North Atlantic 
right whale). These two systems are designated for

[[Page 871]]

certain areas of the East Coast of the United States. One system is 
located in the northeast and is identified as WHALESNORTH. The other 
system is located in the southeast and is identified as WHALESSOUTH.

    Note to Sec. 169.100: 50 CFR 224.103(c) contains requirements and 
procedures concerning northern right whale approach limitations and 
avoidance procedures.

[USCG-1999-5525, 64 FR 29234, June 1, 1999, as amended 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 these 
mandatory ship reporting systems.



Sec. 169.105  Where is the northeastern reporting system located?

    Geographical boundaries of the northeastern area include the waters 
of Cape Cod Bay, Massachusetts Bay, and the Great South Channel east and 
southeast of Massachusetts. The coordinates (NAD 83) of the area are as 
follows: from a point on Cape Ann, Massachusetts at 42[deg]39[min] N, 
70[deg]37[min] W; then northeast to 42[deg]45[min] N, 70[deg]13[min] W; 
then southeast to 42[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 and Massachusetts Bay back to 
the point on Cape Anne at 42[deg]39[min] N, 70[deg]37[min] W.



Sec. 169.110  When is the northeastern reporting system in effect?

    The mandatory ship reporting system in the northeastern United 
States operates year-round.



Sec. 169.115  Where is the southeastern reporting system located?

    Geographical boundaries of the southeastern area include coastal 
waters within about 25 nautical miles (45 kilometer) along a 90-nautical 
mile (170-kilometer) stretch of the Atlantic seaboard in Florida and 
Georgia. The area coordinates (NAD 83) extends from the shoreline east 
to longitude 80[deg]51.6[min] W with the southern and northern 
boundaries at latitude 30[deg]00[min] N and 31[deg]27[min] N, 
respectively.



Sec. 169.120  When is the southeastern reporting system in effect?

    The mandatory ship reporting system in the southeastern United 
States operates during the period beginning on November 15 each year 
through 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 must 
participate in the reporting systems, except government ships exempted 
from reporting by regulation V/8-1(c) of SOLAS. However, exempt ships 
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 upon 
entering the area covered by a reporting system. Additional reports are 
not necessary for movements made within a system or for ships exiting a 
system.



Sec. 169.135  How must the reports be made?

    (a) A ship equipped with INMARSAT C must report in IMO standard 
format as provided in Sec. 169.140 in table 169.140.
    (b) A ship not equipped with INMARSAT C must report to the Coast 
Guard 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's 
Communications 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 in this 
category must provide all the required information to the Coast Guard 
watchstander.

[USCG-1999-5525, 64 FR 29234, June 1, 1999, as amended by 66 FR 58070, 
Nov. 20, 2001]

[[Page 872]]



Sec. 169.140  What information must be included in the report?

    Each ship report made to the shore-based authority must follow the 
standard reporting and format requirements listed in this section in 
table 169.140. Current email addresses and telex numbers are published 
annually in the US Coast Pilot.

              Table 169.140--Requirements for Ship Reports
------------------------------------------------------------------------
           Telegraphy                 Function      Information required
------------------------------------------------------------------------
Name of system.................  System identifier  Ship reporting
                                                     system WHALESNORTH
                                                     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.
H..............................  Date, time and     Entry time expressed
                                  point of entry     as in (B) and entry
                                  into system.       position expressed
                                                     as-(1) a 4-digit
                                                     group giving
                                                     latitude in degrees
                                                     and minutes
                                                     suffixed with
                                                     N(north) or S
                                                     (south) and a 5-
                                                     digit group giving
                                                     longitude in
                                                     degrees and minutes
                                                     suffixed with E
                                                     (east) or W (west);
                                                     or (2) True bearing
                                                     (first 3 digits)
                                                     and distance (state
                                                     distance) in
                                                     nautical miles from
                                                     a clearly
                                                     identified landmark
                                                     (state landmark)
I..............................  Destination and    Name of port and
                                  expected time of   date time 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 and Tracking 

                               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 an international voyage to 
transmit vessel identification and position information electronically. 
This requirement enables the Coast Guard to obtain long range 
identification and tracking (LRIT) information and thus heightens our 
overall maritime domain awareness, enhances our search and rescue 
operations, and increases our ability to detect anomalies 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, are 
required to transmit position reports:
    (a) A passenger ship, including high speed passenger craft.
    (b) A cargo ship, including high speed craft, of 300 gross tonnage 
or more.
    (c) A mobile offshore drilling unit while underway and not engaged 
in drilling operations.



Sec. 169.210  Where during its international voyage must a ship transmit 

position reports?

    The requirements for the transmission of position reports, imposed 
by the United States, vary depending on the relationship of the United 
States to a ship identified in Sec. 169.205.
    (a) Flag State relationship. A U.S. flag ship engaged on an 
international voyage must transmit position reports wherever they are 
located.
    (b) Port State relationship. A foreign flag ship engaged on an 
international voyage must transmit position reports after the ship has 
announced its intention to enter a U.S. port or place under requirements 
in 33 CFR part 160, subpart C.
    (c) Coastal State relationship. A foreign flag ship engaged on an 
international voyage must transmit position reports when the ship is 
within 1,000 nautical miles of the baseline of the United States, unless 
their Flag Administration, under authority of

[[Page 873]]

SOLAS V/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 Range 
Identification and Tracking (LRIT) equipment that has been type-approved 
by their Administration. To be type-approved by the Coast Guard, LRIT 
equipment must meet the requirements of IMO Resolutions A.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 with LRIT 
equipment--
    (a) Before getting underway, if the ship is constructed on or after 
December 31, 2008.
    (b) By the first survey of the radio installation after December 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 States baseline, 
or
    (ii) Range of an Inmarsat geostationary satellite, or other 
Application Service Provider recognized by the Administration, with 
which 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 Inmarsat 
geostationary satellite with which continuous alerting is available. 
While operating in the area or range specified in paragraph (b)(2) of 
this section, however, a ship must install LRIT equipment by the first 
survey 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 by 
its Administration. Some Communication Service Providers may also serve 
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-hour 
intervals unless a more frequent interval is requested remotely by an 
LRIT 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 miles of the 
United States baseline,
    (b) A warship, naval auxiliaries or other ship owned or operated by 
a SOLAS Contracting Government and used only on Government non-
commercial service, or
    (c) A ship solely navigating the Great Lakes of North America and 
their connecting and tributary waters as far east as the lower exit of 
the 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 LRIT 
equipment only when it is permitted by its Flag Administration, in 
circumstances detailed in SOLAS V/19-1.7, or in paragraph 4.4.1, 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 or fails to operate?

    (a) If a ship's LRIT equipment is switched off or fails to operate, 
the ship's master must inform his or her Flag Administration without 
undue delay.
    (b) The master must also make an entry in the ship's logbook that 
states--
    (1) His or her reason for switching the LRIT equipment off, or an 
entry that the equipment has failed to operate, and

[[Page 874]]

    (2) The period during which the LRIT equipment was switched off or 
non-operational.

    Note to Sec. 169.245: For U.S. vessels, the U.S. Coast Guard serves 
as the Flag Administration for purposes of this section. All LRIT 
notifications for the U.S. Flag Administration, in addition to requests 
or questions about LRIT, should be communicated to the U.S. Coast Guard 
by e-mail addressed to [email protected].

[[Page 875]]



                       SUBCHAPTERS Q-R [RESERVED]



                       SUBCHAPTER S_BOATING SAFETY



PART 173_VESSEL NUMBERING AND CASUALTY AND ACCIDENT 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 casualty reporting.
173.83 Availability of Coast Guard forms.
173.85 Fees levied by the Coast Guard.

Appendix A to Part 173--Issuing Authorities and Reporting Authorities

    Authority: 31 U.S.C. 9701; 46 U.S.C. 2110, 6101, 12301, 12302; OMB 
Circular A-25; Department of Homeland Security Delegation 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 for 
reporting 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 by USCG-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 numbering system 
approved by the Coast Guard or the Coast Guard where a number system has 
not been approved. Issuing authorities are listed in appendix A of this 
part.
    (c) Operator means the person who is in control or in charge of a 
vessel while it is in use.
    (d) Owner means a person who claims lawful possession of a vessel by 
virtue of legal title or equitable interest therein which entitles him 
to such possession.
    (e) Person means an individual, firm, partnership, corporation, 
company, association, joint-stock association, or governmental entity 
and includes a trustee, receiver, assignee, or similar representative of 
any of them.
    (f) Reporting authority means a State that has a numbering system 
approved by the Coast Guard or the Coast Guard where a numbering system 
has not been approved. Reporting authorities are listed in appendix A of 
this part.
    (g) State means a State of the United States, the Commonwealth of 
Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth 
of the Northern Mariana Islands, and the District of Columbia.
    (h) State of principal use means the State on whose waters a vessel 
is used or to be used most during a calendar year.

[[Page 876]]

    (i) Use means operate, navigate, or employ.

[CGD 72-54R, 37 FR 21399, Oct. 7, 1972, as amended by CGD 77-117A, 43 FR 
17941, Apr. 27, 1978; CGD 89-048, 54 FR 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 propulsion 
machinery of any type used on waters subject to the jurisdiction of the 
United States and on the high seas beyond the territorial seas for 
vessels 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, except 
recreational-type public vessels;
    (c) A vessel whose owner is a State or subdivision thereof, which is 
used principally for governmental purposes, and which is clearly 
identifiable as such;
    (d) Ships' lifeboats;
    (e) A vessel which has or is required to have a valid marine 
document as a vessel of the United States.



Sec. 173.13  Exemptions.

    Where the Coast Guard issues numbers, the following classes of 
vessels are exempt, under Section 12303 of Title 46, United States Code, 
from the numbering provisions of Sections 12301 and 12302 of Title 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 10 
horsepower that:
    (1) Is owned by the owner of a vessel for which a valid certificate 
of number has been issued;
    (2) Displays the number of that numbered vessel followed by the 
suffix ``1'' in the manner prescribed in Sec. 173.27; and
    (3) Is used as a tender for direct transportation between that 
vessel 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 use a vessel 
to which this part applies unless:
    (1) It has a number issued on a certificate of number by the issuing 
authority in the State in which the vessel is principally used; and
    (2) The number is displayed as described in Sec. 173.27.
    (b) This section does not apply to a vessel for which a valid 
temporary certificate has been issued to its owner by the issuing 
authority 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 compliance 
with the numbering system of a State in which it temporarily is 
operated.

    (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 of the 
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 any 
number that is not issued by an issuing authority for that vessel on its 
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 on board:
    (1) A valid certificate of number or temporary certificate for that 
vessel issued by the issuing authority in the State in which the vessel 
is principally used; or
    (2) For the vessel described in paragraph (b) of this section, a 
copy of the lease or rental agreement, signed by the owner or his or her 
authorized representative and by the person leasing or renting the 
vessel, 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 877]]

    (b) Section 12304(a) of Title 46, United States Code, states in 
part: The certificate of number for a vessel less than 26 feet in length 
and leased or rented to another for the latter's noncommercial operation 
of less than 7 days may be retained on shore by the vessel's owner or 
representative at the place from which the vessel departs or returns to 
the possession of the owner or the owner's representative.

[CGD 72-54R, 37 FR 21399, Oct. 7, 1972, as amended by CGD 77-117A, 43 FR 
17941, Apr. 27, 1978; CGD 89-048, 54 FR 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 shall present 
the certificate or lease or rental agreement required by Sec. 173.21 to 
any Federal, State, or local law enforcement officer for inspection at 
his or her request.

[CGD 72-54R, 37 FR 21399, Oct. 7, 1972, as amended by USCG-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 the 
certificate or lease or rental agreement required by Sec. 173.21 is 
carried on board in such a manner that it can be handed to a person 
authorized under Sec. 173.23 to inspect 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 the 
forward half of the vessel except as allowed by paragraph (b) or 
required by paragraph (c) of this section;
    (2) Be in plain vertical block characters of not less than 3 inches 
in height;
    (3) Contrast with the color of the background and be distinctly 
visible and legible;
    (4) Have spaces or hyphens that are equal to the width of a letter 
other than ``I'' or a number other than ``1'' between the letter and 
number groupings (Example: DC 5678 EF or DC-5678-EF); and
    (5) Read from left to right.
    (b) When a vessel is used by a manufacturer or by a dealer for 
testing or demonstrating, the number may be painted on or attached to 
removable plates that are temporarily but firmly attached to each side 
of the forward half of the vessel.
    (c) On vessels so configured that a number on the hull or 
superstructure would not be easily visible, the number must be painted 
on or attached to a backing plate that is attached to the forward half 
of the vessel so that the number is visible from each side of the 
vessel.
    (d) Each number displayed on a tender exempted under Sec. 173.13 
must meet the requirements of paragraph (a) of this section and have a 
space or hyphen that is equal to the width of a letter other than ``I'' 
or a number other than ``1'' between the suffix and the number. 
(Example: DC 5678 EF 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 a 
certificate of number shall, within 15 days, notify the issuing 
authority 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 the 
vessel; and
    (e) The destruction or abandonment of the vessel.

[CGD 72-54R, 37 FR 21399, Oct. 7, 1972, as amended by USCG-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 a 
certificate of number shall surrender the certificate in a manner 
prescribed by the issuing authority within 15 days after it becomes 
invalid under paragraph (b), (c), (d), or (e) of Sec. 173.77.



Sec. 173.33  Removal of number.

    The person whose name appears on a certificate of number as the 
owner of a vessel shall remove the number and

[[Page 878]]

validation sticker from the vessel when:
    (a) The vessel is documented by the Coast Guard;
    (b) The certificate of number is invalid under paragraph (c) of 
Sec. 173.77; or
    (c) The vessel is no longer principally used in the State where the 
certificate was issued.



Sec. 173.35  Coast Guard validation sticker.

    No person may use a vessel except a vessel exempted in Sec. 173.13 
that has a number issued by the Coast Guard unless it has the validation 
sticker issued with the certificate of number 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 to 
the jurisdiction of the United States and on the high seas beyond the 
territorial 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 inspection 
under Title 46 U.S.C. Chapter 33.

[CDG 72-54R, 37 FR 21399, Oct. 7, 1972, as amended by CDG 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 or its 
equipment, a person dies or disappears from a vessel, the operator 
shall, without delay, by the quickest means available, notify the 
nearest 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 required by 
paragraph (a) of this section, each person on board the vessel shall 
notify the casualty reporting authority or determine that the notice has 
been given.



Sec. 173.55  Report of casualty or accident.

    (a) The operator of a vessel shall submit the casualty or accident 
report prescribed in Sec. 173.57 to the reporting authority prescribed 
in Sec. 173.59 when, as a result of an occurrence that involves the 
vessel or its equipment:
    (1) A person dies;
    (2) A person is injured and requires medical treatment beyond first 
aid;
    (3) Damage to vessels and other property totals $2,000 or more or 
there is a complete loss of any vessel;
    (4) A person disappears from the vessel under circumstances that 
indicate 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 24 
hours of the occurrence;
    (2) Within 48 hours of the occurrence if a person is injured and 
requires medical treatment beyond first aid, or disappears from a 
vessel; and
    (3) Within 10 days of the occurrence or death if an earlier report 
is not required by this paragraph.
    (c) When the operator of a vessel cannot submit the casualty or 
accident report required by paragraph (a) of this section, the owner 
shall submit the casualty or accident report.

[CGD 72-54R, 37 FR 21399, Oct. 7, 1972, as amended by CGD 76-155, 44 FR 
5308, Jan. 25, 1979; CGD 82-015, 54 FR 5610, Feb. 6, 1989; USCG-1999-
6094, 66 FR 21675, May 1, 2001; 66 FR 33845, June 26, 2001; USCG-1999-
6094, 67 FR 14645, 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 and must contain, 
if available, at least the following information about the 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 879]]

    (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 the operator 
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 each vessel.
    (k) The name, address, and date of birth of each person injured or 
killed.
    (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 an 
estimate of the cost of all repairs.
    (s) A description of each equipment failure that caused or 
contributed 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 of 
the casualty, including whether or not alcohol or drugs, or both, was a 
cause or contributed to causing the casualty.
    (w) The make, model, type (open, cabin, house, or other), beam width 
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 reporting 
operator's vessel.
    (x) The name, address, and telephone number of each witness.
    (y) The manufacturer's hull identification number, if any, of the 
reporting operator's vessel.
    (z) The name, address, and telephone number of the person submitting 
the report.

[CGD 72-54R, 37 FR 21399, Oct. 7, 1972, as amended by CGD 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 part where 
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 accident occurred, 
if it occurred outside the State where the vessel is numbered 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 which Sec. 173.11 
applies may apply for a certificate of number for that vessel by 
submitting to the issuing authority, listed in appendix A of this part, 
where the vessel will principally be used:
    (a) An application on a form and in a manner prescribed by the 
issuing 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 whose 
name appears on the certificate as the owner may apply for a duplicate 
certificate by submitting to the issuing authority that issued the 
certificate:
    (a) An application on a form or in a manner prescribed by the 
issuing authority; and
    (b) The fee required by the issuing authority, if any.

[[Page 880]]



Sec. 173.75  Temporary certificate.

    A temporary certificate valid for not more than 60 days after it is 
issued may be issued by an issuing authority pending the issue of a 
certificate of number. A temporary certificate is not valid after the 
date that the owner receives the certificate of number from the issuing 
authority.



Sec. 173.77  Validity of certificate of number.

    (a) Except as provided in paragraphs (b), (c), (d), and (e) of this 
section, a certificate of number is valid until the date of expiration 
prescribed by the issuing authority.
    (b) A certificate of number issued by an issuing authority is 
invalid after the date upon which:
    (1) The vessel is documented or required to be documented under Part 
67 of Title 46, Code of Federal Regulations;
    (2) The person whose name appears on the certificate of number as 
owner of the vessel transfer all of his or her ownership in the vessel; 
or
    (3) The vessel is destroyed or abandoned.
    (c) A certificate of number issued by an issuing authority is 
invalid if:
    (1) The application for the certificate of number contains a false 
or fraudulent statement; or
    (2) The fees for the issuance of the certificate of number are not 
paid.
    (d) A certificate of number is invalid 60 days after the day on 
which the vessel is no longer principally used in the State where the 
certificate was issued.
    (e) The certificate of number is invalid when the person whose name 
appears on the certificate involuntarily loses his or her interest in 
the numbered vessel by legal process.

[CGD 72-54R, 37 FR 21399, Oct. 7, 1972, as amended by USCG-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 years 
from 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, the 
following Coast Guard forms must be used:
    (1) Each application for a certificate of number or renewal must be 
made on two-part Form CG-3876 and 3876A, Application for Number and 
Temporary Certificate.
    (2) Each notification required by Sec. 173.29(b) must be made on 
Form CG- 2921, Notification of Change in Status of Vessel.
    (3) Each notification required by Sec. 173.29(a) must be made on 
Form CG- 3920, Change of Address Notice.
    (4) Each notification required by Sec. 173.29(c) must be made in 
writing.
    (5) Each application for a duplicate certificate of number must be 
made on two-part Form CG-3919 and CG-3919A, Application for Duplicate 
Certificate of Number and Temporary Duplicate Certificate.
    (6) Each vessel casualty required to be reported by Sec. 173.55 
must be made on Form CG-3865.
    (b) Each surrender of a certificate of number required by Sec. 
173.31 may be made in any form but must contain a written 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, forms 
required by Sec. 173.81 are available at all manned Coast Guard shore 
units, except light and loran stations and except for Form CG-3865, at 
all first- and second-class and some third- and fourth-class post 
offices.



Sec. 173.85  Fees levied by the Coast Guard.

    (a) In a State where the Coast Guard is the issuing authority, the 
fees for issuing certificates of number are:
    (1) Original or transferred certificate of number and two validation 
stickers--$24.
    (2) Renewed certificate of number and two validation stickers--$16.
    (3) Duplicate certificate of number--$9.
    (4) Replacement of lost or destroyed validation stickers--$9.

[[Page 881]]

    (b) Fees are payable by check or money-order made payable to the 
``U.S. Coast Guard''; by major credit card (MasterCard or 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--Issuing Authorities and Reporting 

                               Authorities

    (a) The State is the issuing authority and reporting authority in:

                                  state

Alabama--AL.
Alaska--AK.
American Samoa--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.
New Jersey--NJ.
New Mexico--NM.
New York--NY.
North Carolina--NC.
North Dakota--ND.
Northern Mariana Islands--CM.
Ohio--OH.
Oklahoma--OK.
Oregon--OR.
Pennsylvania--PA.
Puerto Rico--PR.
Rhode Island--RI.
South Carolina--SC.
South Dakota--SD.
Tennessee--TN.
Texas--TX.
Utah--UT.
Vermont--VT.
Virginia--VA.
Virgin Islands--VI.
Washington--WN.
West Virginia--WV.
Wisconsin--WS.
Wyoming--WY.
    (b) The Coast Guard is the issuing authority and reporting authority 
in:

                                  state

[Reserved]
    (c) The abbreviations following the names of the State listed in 
paragraphs (a) and (b) are the two capital letters that must be used in 
the number format to denote the State of principal use as prescribed in 
Sec. 174.23 of this chapter.

[CGD 72-54R, 37 FR 21399, Oct. 7, 1972, as amended by CGD 76-076, 41 FR 
23401, June 10, 1976; CGD 89-048, 54 FR 27002, June 27, 1989; USCG-2001-
9286, 66 FR 33642, June 25, 2001]



PART 174_STATE NUMBERING AND CASUALTY REPORTING 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 of Homeland 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 and a

[[Page 882]]

uniform vessel casualty reporting system for vessels by prescribing 
requirements applicable to the States for the approval of State 
numbering systems.



Sec. 174.3  Definitions.

    As used in this part:
    Operator means the person who is in control or in charge of a vessel 
while it is in use.
    Owner means a person who claims lawful possession of a vessel by 
virtue of legal title or equitable interest therein which entitles him 
or her to such possession.
    Reporting authority means a State where a numbering system has been 
approved by the Coast Guard or the Coast Guard where a numbering system 
has not been approved. Reporting authorities are listed in Appendix A of 
Part 173 of this chapter.

[CGD 72-54R, 37 FR 21402, Oct. 7, 1972, as amended by CGD 96-026, 61 FR 
33669, June 28, 1996; CGD 97-023, 62 FR 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 she finds, 
after examination of the information submitted by a State, that the 
State numbering system and vessel casualty reporting system meet the 
requirements of this part, 46 U.S.C. 6102, and 46 U.S.C. Chapter 123.

[CGD 97-023, 62 FR 33365, June 19, 1997, as amended by USCG-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 of any 
revision to a numbering system, an authorized representative of the 
State must submit three copies of the State laws, regulations, forms, 
and policy statements, if any, that pertain to the numbering system or 
revision to Office of Auxiliary and Boating Safety (CG-542), 2100 2nd 
St. SW., Stop 7581, Washington, DC 20593-7581.

[CGD 72-54R, 37 FR 21402, Oct. 7, 1972, as amended by CGD 82-010, 48 FR 
8273, Feb. 28, 1983; CGD 88-052, 53 FR 25122, July 1, 1988; CGD 96-026, 
61 FR 33669, June 28, 1996; USCG-2008-0179, 73 FR 35024, June 19, 2008; 
USCG-2010-0351, 75 FR 36287, June 25, 2010]



                 Subpart B_Numbering System Requirements



Sec. 174.11  Applicability of State numbering system.

    (a) Except as allowed in paragraph (c) of this section, a State 
numbering system must require the numbering of vessels to which Sec. 
173.11 of this chapter applies.
    (b) A State numbering system may require the numbering of any vessel 
subject to the jurisdiction of the State unless prohibited by the 
regulations in Part 173 of this chapter.
    (c) A State numbering system may exempt from its numbering 
requirements any vessel or class of vessels to which Sec. 173.13 of 
this chapter applies.



Sec. 174.13  Owner or operator requirements.

    A State numbering system must contain the requirements applicable to 
an owner or a person operating a vessel that are prescribed in the 
following sections of Part 173:
    (a) Paragraph (a) of Sec. 173.15 Vessel number required.
    (b) Section 173.19 Other numbers prohibited.
    (c) Paragraph (a) of Sec. 173.21 Certificate of number 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 State numbering 
system may contain any of the other requirements

[[Page 883]]

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 by USCG-1999-5832, 
64 FR 34715, June 29, 1999]



Sec. 174.15  Validation stickers.

    (a) If a State issues validation stickers, its numbering system must 
contain the requirements that stickers must be displayed within 6 inches 
of the number and the stickers must meet the requirements in paragraphs 
(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 be 
indicated 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 must 
contain 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 the 
vessel, if any.
    (7) Whether the application is for a new number, renewal of a 
number, or transfer of ownership.
    (8) Whether the vessel is used for pleasure, rent or lease, dealer 
or 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 number 
that is to be temporarily affixed to a vessel for demonstration or test 
purposes may omit items 9 through 16 of paragraph (a) of this section.
    (c) An application made by a person who intends to lease or rent the 
vessel without propulsion machinery may omit items 15 and 16 of 
paragraph (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 this 
section, each certificate of number must contain the following 
information:
    (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, dealer 
or 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 a 
manufacturer's hull identification number assigned, may omit items 8 
through 14 of paragraph (a) of this section if the manufacturer's hull 
identification number is plainly marked on the certificate.
    (c) A certificate of number issued to a manufacturer or dealer to be 
used on a vessel for test or demonstration purposes may omit items 7 
through 14 of paragraph (a) of this section if the

[[Page 884]]

word ``manufacturer'' or ``dealer'' is plainly marked on the 
certificate.
    (d) A certificate of number issued to a vessel that is to be rented 
or leased without propulsion machinery may omit items 13 and 14 of 
paragraph (a) of this section if the words ``livery vessel'' are plainly 
marked on the certificate.
    (e) An issuing authority may print on the certificate of number a 
quotation of the State regulations pertaining to change of ownership or 
address, documentation, loss, discovery of vessel, carriage of the 
certificate of number on board when the vessel is in use, rendering aid 
in a vessel accident, and reporting of vessel casualties and accidents.

(46 U.S.C. 1451, 1467, 1488; 49 CFR 1.46(n)(1))

[CGD 72-54R, 37 FR 21402, Oct. 7, 1972, as amended by CGD 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 a certificate 
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 invalid 
after 60 days from the date of issuance.



Sec. 174.23  Form of number.

    (a) Each number must consist of two capital letters denoting the 
State of the issuing authority, as specified in Appendix A of Part 173 
of this chapter, followed by--
    (1) Not more than four numerals followed by not more than two 
capital letters (example: NH 1234 BD); or
    (2) Not more than three numerals followed by not more than three 
capital letters (example: WN 567 EFG).
    (b) A number suffix must not include the letters ``I'', ``O'', or 
``Q,'' which may be 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 is 
effective 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 a certificate 
of number on--
    (a) Title to, or other proof of ownership of a vessel except a 
recreational-type public vessel of the United States; or
    (b) Proof of liability insurance for a vessel except a recreational-
type public vessel of the United States; or
    (c) The payment of State or local taxes, except for a recreational-
type public vessel of the United States.

[CGD 72-54R, 37 FR 21402, Oct. 7, 1972, as amended by USCG-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 reporting of 
vessel casualties and accidents involving vessels to which Sec. 173.51 
of this chapter applies.
    (b) The State casualty reporting system may also require vessel 
casualty or accident reports for property damage in amounts less than 
that 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 by CGD 76-155, 44 FR 
5309, Mar. 25, 1979; CGD 82-015, 54 FR 5610, Feb. 6, 1989]

[[Page 885]]



Sec. 174.103  Administration.

    The State casualty reporting system must be administered by a State 
agency that--
    (a) Will provide for the reporting of all casualties and accidents 
prescribed in Sec. 173.55 of this chapter;
    (b) Receives reports of vessel casualties or accidents required in 
Sec. 174.101;
    (c) Reviews each accident and casualty report to assure the accuracy 
and completeness of each report;
    (d) Determines the cause of casualties and accidents reported based 
on information available and indicates the apparent cause on the 
casualty report or on an attached page;
    (e) Notifies the Coast Guard, in writing, when a problem area in 
boating safety peculiar to the State is determined, together, with 
corrective measures instituted or recommended; and
    (f) Reports on vessel numbering and vessel casualties and accidents 
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 by CGD 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 following 
requirements of Part 173 applicable to an owner or a person operating a 
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 State casualty 
reporting system may contain any of the other requirements 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 by USCG-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 contain 
the 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 copy of that 
report to the Commandant (CG-5422), U.S. Coast Guard, 2100 2nd St. SW., 
Stop 7581, Washington, DC 20593-7581.

[USCG-1998-3799, 63 FR 35533, June 30, 1998, as amended by USCG-2004-
18057, 69 FR 34926, June 23, 2004; USCG-2008-0179, 73 FR 35024, June 19, 
2008; USCG-2010-0351, 75 FR 36287, June 25, 2010]



Sec. 174.123  Annual report of numbered vessels.

    Before March 1 of each year, each State that has an approved 
numbering system must prepare and submit Coast Guard Form CGHQ-3923, 
Report of Certificates of Number Issued to Boats, to the Coast Guard.



Sec. 174.125  Coast Guard address.

    The report required by Sec. 174.123 must be sent to the Office of 
Auxiliary and Boating Safety (CG-542), 2100 2nd St. SW., Stop 7581, 
Washington, DC 20593-7581.

[CGD 88-052, 53 FR 25122, July 1, 1988, as amended by CGD 96-026, 61 FR 
33669, June 28, 1996; USCG-2008-0179, 73 FR 35024, June 19, 2008; USCG-
2010-0351, 75 FR 36287, June 25, 2010]



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.

[[Page 886]]

175.17 Exemptions.
175.19 Stowage.
175.21 Condition; size and fit; approval marking.
175.23 Serviceable conditions.
175.25 Enforcement of State requirements for children to wear 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 Homeland Security 
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 waters 
subject to the jurisdiction of the United States and on the high seas 
beyond the territorial seas for boats owned in the United States except:
    (a) Foreign boats temporarily using waters subject to U.S. 
jurisdiction;
    (b) Military or public boats of the United States, except 
recreational-type public vessels;
    (c) A boat whose owner is a State or subdivision thereof, which is 
used principally for governmental purposes, and which is clearly 
identifiable as such;
    (d) Ship's lifeboats.
    (e) Seaplanes on the water.

[CGD 72-120R, 38 FR 8115, Mar. 28, 1973, as amended by CGD 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's 
noncommercial use; or
    (3) Operated as an uninspected passenger vessel subject to the 
requirements of 46 CFR chapter I, subchapter C.
    Passenger means an individual carried on a vessel except--
    (1) The owner or an individual representative of the owner or, in 
the case of a vessel chartered without a crew, an individual charterer, 
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 paid for 
onboard services.
    Racing shell, rowing scull, racing canoe, and racing kayak means a 
manually propelled vessel that is recognized by national or 
international racing associations for use in competitive racing and one 
in which all occupants row, scull, or paddle, with the exception of a 
coxswain, if one is provided, and is not designed to carry and does not 
carry any equipment not solely for competitive racing.
    Recreational vessel means any vessel being manufactured or operated 
primarily for pleasure, or leased, rented, or chartered to another for 
the latter's pleasure. It does not include a vessel engaged in the 
carriage of passengers-for-hire as defined in 46 CFR chapter I, 
subchapter C, or in other subchapters of this title.
    Sailboard means a sail propelled vessel with no freeboard and 
equipped with a swivel mounted mast not secured to a hull by guys or 
stays.
    State means a State or Territory of the United States of America, 
whether a State of the United States, American Samoa, the Commonwealth 
of the Northern Marianas Islands, the District of Columbia, Guam, Puerto 
Rico, or the United States Virgin Islands.
    Use means operate, navigate, or employ.
    Vessel includes every description of watercraft used or capable of 
being

[[Page 887]]

used as a means of transportation on the water.

[CGD 92-045, 58 FR 41607, Aug. 4, 1993, as amended by USCG-1999-5040, 67 
FR 34759, May 15, 2002; USCG-2000-8589, 67 FR 42493, June 24, 2002]



Sec. 175.5  Exemption from preemption.

    The States are exempted from preemption by Federal regulations when 
establishing, continuing in effect, or enforcing State laws and 
regulations on the wearing or the carriage of personal flotation devices 
directly related to the following subject areas within the 
jurisdictional 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 are propelled 
or controlled by machinery, sails, oars, paddles, poles, or another 
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 that is approved by 
the Commandant under 46 CFR Part 160.
    (b) ``PFD'' means ``personal flotation device''.



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 one PFD 
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 in 
length unless one Type IV PFD is on board in addition to the total 
number of PFDs required in paragraph (a) of this section.
    (c) No person may operate a recreational vessel under way with any 
child under 13 years old aboard unless each such child is either--
    (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 by CGD 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 under 
Sec. 175.15, provided:
    (1) The approval label on the Type V PFD indicates that the device 
is 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 vessel in 
use;
    (2) The PFD is used in accordance with any requirements on the 
approval label; and
    (3) The PFD is used in accordance with requirements in its owner's 
manual, if the approval label makes reference to such a manual.
    (b) Canoes and kayaks 16 feet in length and over are exempted from 
the requirements for carriage of the additional Type IV PFD required 
under Sec. 175.15(b).
    (c) Racing shells, rowing sculls, racing canoes and racing kayaks 
are exempted from the requirements for carriage of any Type PFD required 
under Sec. 175.15.
    (d) Sailboards are exempted from the requirements for carriage of 
any Type PFD required under Sec. 175.15.
    (e) Vessels of the United States used by foreign competitors while 
practicing for or racing in competition are exempted from the carriage 
of any PFD required under Sec. 175.15, provided the vessel carries one 
of the sponsoring foreign country's acceptable flotation devices 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]

[[Page 888]]



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, or equivalent type 
allowed by Sec. 175.17 of this part, is readily accessible.
    (b) No person may use a recreational boat unless each Type IV PFD 
required by Sec. 175.15 of this part, or equivalent type allowed by 
Sec. 175.17 of this part, is immediately available.

[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 by 
Sec. 175.15 of this part or allowed by Sec. 175.17 of this part is:
    (a) In serviceable condition as provided in Sec. 175.23;
    (b) Of an appropriate size and fit for the intended wearer, as 
marked on the approval label; and
    (c) Legibly marked with its approval number, as specified in 46 CFR 
part 160.

[CGD 81-023, 55 FR 32034, Aug. 6, 1990, as amended by CGD93-055, 61 FR 
13926, Mar. 28, 1996]



Sec. 175.23  Serviceable condition.

    A PFD is considered to be in serviceable condition for purposes of 
Sec. 175.21(a) only if the following conditions are met:
    (a) No PFD may exhibit deterioration that could diminish the 
performance of the PFD, including--
    (1) Metal or plastic hardware used to secure the PFD on the wearer 
that is broken, deformed, or weakened by corrosion;
    (2) Webbings or straps used to secure the PFD on the wearer that are 
ripped, torn, or which have become separated from an attachment point on 
the PFD; or
    (3) Any other rotted or deteriorated structural component that fails 
when tugged.
    (b) In addition to meeting the requirements of paragraph (a) of this 
section, no inherently buoyant PFD, including the inherently buoyant 
components of a hybrid inflatable PFD, may exhibit--
    (1) Rips, tears, or open seams in fabric or coatings, that are large 
enough to allow the loss of buoyant material;
    (2) Buoyant material that has become hardened, non-resilient, 
permanently compressed, waterlogged, oil-soaked, or which shows evidence 
of fungus or mildew; or
    (3) Loss of buoyant material or buoyant material that is not 
securely held in position.
    (c) In addition to meeting the requirements of paragraph (a) of this 
section, an inflatable PFD, including the inflatable components of a 
hybrid inflatable PFD, must be equipped with--
    (1) Except as provided in paragraph (d) of this section, a properly 
armed inflation mechanism, complete with a full inflation medium 
cartridge and all status indicators showing that the inflation mechanism 
is properly armed;
    (2) Inflatable chambers that are all capable of holding air;
    (3) Oral inflation tubes that are not blocked, detached, or broken;
    (4) A manual inflation lanyard or lever that is not inaccessible, 
broken, or missing; and
    (5) Inflator status indicators that are not broken or otherwise non-
functional.
    (d) The inflation system of an inflatable PFD need not be armed when 
the PFD is worn inflated and otherwise meets the requirements of 
paragraphs (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 personal 

flotation devices.

    (a) This section applies to operators of recreational vessels on 
waters subject to the jurisdiction of any State that has established by 
statute a requirement for children of a certain age to wear an 
appropriate PFD approved by the Coast Guard, while aboard a recreational 
vessel.
    (b) If the applicable State statute establishes any requirement for 
children of a certain age to wear an appropriate PFD approved by the 
Coast Guard, then that requirement applies on the waters subject to the 
State's jurisdiction instead of the requirement provided in Sec. 
175.15(c) of this part.

[USCG-2000-8589, 69 FR 45591, July 30, 2004]

[[Page 889]]



                    Subpart C_Visual Distress Signals

    Source: CGD 76-183, 44 FR 73024, Dec. 17, 1979, unless otherwise 
noted.



Sec. 175.101  Applicability.

    This subpart applies to boats on the coastal waters of the United 
States and on the high seas beyond the territorial seas for boats owned 
in the United States.

[CGD 76-183, 44 FR 73024, Dec. 17, 1979, as amended by USCG-1998-3799, 
63 FR 35534, June 30, 1998]



Sec. 175.105  Definitions.

    (a) Visual distress signal means a device that is approved by the 
Commandant under 46 CFR Part 160 or certified by the manufacturer 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 and 
territorial seas (i.e., bays, sounds, harbors, rivers, inlets, etc.) 
where any entrance exceeds 2 nautical miles between opposite shorelines 
to the first point where the largest distance between shorelines narrows 
to 2 miles, as shown on the current edition of the appropriate National 
Ocean Service chart used for navigation. Shorelines of islands or points 
of land present within a waterway are considered when determining the 
distance between opposite shorelines.

[CGD 76-183, 44 FR 73024, Dec. 17, 1979, as amended by CGD 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 any boat 
operating as an uninspected passenger vessel subject to the requirements 
of 46 CFR chapter I, subchapter C, unless visual distress signals 
selected from the list in Sec. 175.130 or the alternatives in Sec. 
175.135, in the number required, are onboard. Devices suitable for day 
use and devices suitable for night use, or devices suitable for both day 
and night use, must be carried.
    (b) Between sunset and sunrise, no person may use a boat less than 
16 feet in length unless visual distress signals suitable for night use, 
selected from the list in Sec. 175.130 or Sec. 175.135, in the number 
required, are on board.

[CGD 76-183, 44 FR 73024, Dec. 17, 1979, as amended by USCG-1999-5040, 
67 FR 34760, May 15, 2002]



Sec. 175.113  Launchers.

    (a) When a visual distress signal carried to meet the requirements 
of Sec. 175.110 requires a launcher to activate, then a launcher 
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 for night use, 
selected from the list in Sec. 175.130 or Sec. 175.135, in the number 
required, between sunset and sunrise:
    (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, not 
equipped with propulsion machinery, under 26[min] in length.



Sec. 175.120  Stowage.

    No person may use a boat unless the visual distress signals required 
by Sec. 175.110 are readily accessible.

[CGD 93-055, 61 FR 13926, Mar. 28, 1996, as amended by USCG-1999-5832, 
64 FR 34715, June 29, 1999]



Sec. 175.125  Serviceability.

    No person may use a boat unless each signal required by Sec. 
175.110 is in serviceable condition and the service life of the signal, 
if indicated by a date marked on the signal, has not expired.

[CGD 93-055, 61 FR 13926, Mar. 28, 1996, as amended by USCG-1999-5832, 
64 FR 34715, June 29, 1999]



Sec. 175.128  Marking.

    No person may use a boat unless each signal required by Sec. 
175.110 is legibly

[[Page 890]]

marked with the approval number or certification statement as specified 
in 46 CFR Parts 160 and 161.

[CGD 93-055, 61 FR 13926, Mar. 28, 1996, as amended by USCG-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 number 
required, can be used to meet the requirements of Sec. 175.110:
    (1) An electric distress light meeting the standards of 46 CFR 
161.013. One is required to meet the night only requirement.
    (2) An orange flag meeting the standards of 46 CFR 160.072. One is 
required 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 types noted 
in paragraphs (a) (1), (2) and (3) of this section, when carried in the 
number required, may be used to meet both day and night requirements. 
Examples--the combination of two hand held red 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 and night requirements.

                Table 175.130--Pyrotechnic Signal Devices
------------------------------------------------------------------------
Approval
 number                                                          Number
under 46      Device description       Meets requirement for    required
   CFR
------------------------------------------------------------------------
 160.021  Hand Held Red Flare        Day and Night............         3
           Distress Signals \3\.
 160.022  Floating Orange Smoke      Day Only.................         3
           Distress Signals.
 160.024  Parachute Red Flare        Day and Night \1\........         3
           Distress Signals.
 160.036  Hand-Held Rocket-          Day and Night............         3
           Propelled Parachute Red
           Flare Distress Signals.
 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
           Pyrotechnic Flare.
------------------------------------------------------------------------
\1\ These signals require use in combination with a suitable launching
  device approved under 46 CFR 160.028.
\2\ These devices may be either meteor or parachute assisted type. Some
  of these signals may require use in combination with a suitable
  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 have 
approval numbers are acceptable for use with meteor or parachute signals 
listed in Table 175.130 under Sec. 175.130 as long as they remain in 
serviceable condition.

[CGD 76-183, 44 FR 73024, Dec. 17, 1979, as amended by CGD 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 on waters 
to which this subpart applies under any circumstance except a situation 
where assistance is needed because of immediate or potential danger 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 a 
gasoline engine for electrical generation, mechanical power, or 
propulsion unless it is equipped with an operable ventilation system 
that 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 891]]



PART 177_CORRECTION OF ESPECIALLY HAZARDOUS CONDITIONS--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 46 
United States Code which governs the correction of especially hazardous 
conditions on recreational vessels and uninspected passenger vessels on 
waters subject to the jurisdiction of the United States and, for a 
vessel owned in the United States, on the high seas, except operators 
of:
    (a) Foreign boats temporarily using waters subject to United States 
jurisdiction;
    (b) Military or public boats of the United States, except 
recreational-type public boats;
    (c) A boat whose owner is a State or subdivision thereof, which is 
used principally for governmental purposes and which is clearly 
identifiable as such;
    (d) Ship's lifeboats.

[CGD 72-71R, 37 FR 13347, July 7, 1972, as amended by CGD 84-099, 52 FR 
47534, Dec. 14, 1987; CGD 84-099, 53 FR 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's 
noncommercial use; or
    (3) Operated as an uninspected passenger vessel subject to the 
requirements 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 board any 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 charge of a 
boat while it is in use.
    (e) Use means operate, navigate, or employ.
    (f) Vessel includes every description of watercraft, other than a 
seaplane on the water, used or capable of being used as a means of 
transportation on the water.

[CGD 72-71R, 37 FR 13347, July 7, 1972, as amended by CDG 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 District 
Commanders, with the reservation that this authority shall not be 
further redelegated, the authority, under 46 U.S.C. 4308, to issue 
orders applicable to a specific boat within the District Commander's 
jurisdiction designating that boat unsafe for a specific voyage on a 
specific body of water when it is determined, under the provisions of 
Sec. 177.07(g), that an unsafe condition exists.
    (b) Each order issued by a Coast Guard District Commander under the 
provisions of paragraph (a) of this section will contain:
    (1) Notice that the person upon whom the order is served has the 
right under the Administrative Procedure Act (5 U.S.C. 553(e)), to 
petition for reconsideration and repeal of the order;
    (2) Full title and address of the Coast Guard District Commander to 
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 seeks to 
have reconsidered and repealed;
    (ii) A statement of the action sought by the petitioner;
    (iii) Whatever arguments or data that are available to the 
petitioner to support the action sought; and
    (iv) An advisement that if the petitioner desires reconsideration 
and repeal of the rule before a specific date, the petition should so 
state and give

[[Page 892]]

reasons why action by that date is necessary.
    (c) If a Coast Guard District Commander determines that a petition 
submitted under the provisions of paragraph (b) of this section contains 
adequate justification, the District Commander will initiate prompt 
action to repeal the order. If the District Commander determines that 
repeal of the order is not justified, the District Commander will issue 
prompt written notice of denial to the petitioner.

[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 Boarding 
Officer to take immediate and reasonable steps necessary for the safety 
of those aboard the vessel, under section 4308 of Title 46, United 
States Code, shall follow the direction of the Coast Guard Boarding 
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 hazardous 
condition is corrected.

[CGD 72-71R, 37 FR 13347, July 7, 1972, as amended by CDG 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 navigation 
lights prescribed by the International Regulations for Preventing 
Collisions at Sea, 1972 (72 COLREGS) or, when in use upon the inland 
waters of the United States, the Inland Navigational Rules Act of 1980 
(Pub. L. 96-591), 94 Stat. 3415, 33 U.S.C. 2001, et seq.);
    (b) That is operated by an individual who is apparently under the 
influence of alcohol or a dangerous drug, as defined in Sec. 95.020 of 
this chapter, to the extent that, in the boarding officer's discretion, 
the continued operation of the vessel would create an unsafe condition.
    (c) Has a fuel leakage from either the fuel system or engine, or has 
an accumulation of fuel in the bilges.
    (d) Does not meet the applicable ventilation requirements for tanks 
and engine spaces prescribed by 46 CFR 25.40 (which applies to certain 
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 control 
prescribed by 46 CFR 25.35; or
    (f) Is operated in a Regulated Boating Area as described in Sec. 
177.08 when:
    (1) The wave height within the Regulated Boating Area is 4 feet or 
greater; or
    (2) The wave height within the Regulated Boating Area is equal to or 
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 straight horizontal 
line along and parallel with the centerline between the intersections of 
this line with the vertical planes of the stem and stern profiles 
excluding deckhouses and equipment.
F=The minimum freeboard when measured in feet from the lowest point 
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 Regulated 
Boating Area.
    (g) Designated manifestly unsafe for a specific voyage on a specific 
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, and set 
forth in an order issued by a District Commander according to the 
provisions of Sec. 177.04.

[CGD 72-71R, 37 FR 13347, July 7, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
177.07, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.

[[Page 893]]



Sec. 177.08  Regulated boating areas.

    For the purpose of this part, the following are regulated boating 
areas.

    Note: Geographic coordinates expressed in terms of latitude or 
longitude, or both, are not intended for plotting on maps or charts 
whose referenced horizontal datum is the North American Datum of 1983 
(NAD 83), unless such geographic coordinates are expressly labeled NAD 
83. Geographic coordinates without the NAD 83 reference may be plotted 
on maps or charts referenced to NAD 83 only after application of the 
appropriate corrections that are published on the particular map or 
chart being used.

    (a) Quillayute River Entrance, Wash. From the west end of James 
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 at 47[deg]53[min]42[sec] N., 
124[deg]37[min]51[sec] W., thence northward along the shoreline to 
47[deg]54[min]29[sec] N., 124[deg]38[min]20[sec] W. thence northward to 
47[deg]54[min]36[sec] N., 124[deg]38[min]22[sec] W. thence westward to 
the beginning.
    (b) Grays Harbor Entrance, Wash. From a point on the shoreline 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 the shoreline 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 jetty 46[deg]54[min]20[sec] N., 
124[deg]08[min]07[sec] W. thence eastward 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 at 
46[deg]56[min]50[sec] N., 124[deg]06[min]30[sec] W. thence westward 
along the north shoreline of the harbor to the north jetty at 
46[deg]55[min]40[sec] N., 124[deg]10[min]27[sec] W. thence northward 
along the shoreline to the beginning.
    (c) Willapa Bay, Wash. From a point on the shoreline at 
46[deg]46[min]00[sec] N., 124[deg]05[min]40[sec] W. westward to 
46[deg]44[min]00[sec] N., 124[deg]10[min]45[sec] W. thence eastward 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 shoreline around 
the north end of Leadbetter Point thence southward alone the east 
shoreline of Leadbetter Point to 46[deg]36[min]00[sec] N., 
124[deg]02[min]15[sec] W. thence eastward to 46[deg]36[min]00[sec] N., 
124[deg]00[min]00[sec] W. thence northward to Toke point at 
46[deg]42[min]15[sec] N., 123[deg]58[min]00[sec] W. thence westward 
along the north shoreline of the harbor and northward along the seaward 
shoreline to the beginning.
    (d) Columbia River Bar, Wash.-Oreg. From a point on the shoreline 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 to 
46[deg]12[min]00[sec] N., 124[deg]09[min]30[sec] W. thence eastward 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 Range Front 
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 of Sand 
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 the harbor at 
46[deg]16[min]25[sec] N., 124[deg]02[min]28[sec] W. thence northwestward 
and southwestward along the north shoreline of the harbor and northward 
along the seaward shoreline to the beginning.
    (e) Nehalem River Bar, Oreg. From a point on the shoreline 
45[deg]41[min]25[sec] N., 123[deg]56[min]16[sec] W. thence westward 
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 the shoreline 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 south jetty at 45[deg]39[min]40[sec] N., 
123[deg]55[min]45[sec] W. thence westward to a point on the shoreline at 
45[deg]39[min]45[sec] N., 123[deg]56[min]19[sec] W. thence northward 
along the shoreline to the beginning.
    (f) Tillamook Bay Bar, Oreg. From a point on the shoreline at 
45[deg]35[min]15[sec] N., 123[deg]57[min]05[sec] W. thence westward 
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 the shoreline 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 Kincheloe Point 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 at 45[deg]33[min]40[sec] N., 
123[deg]55[min]59[sec] W. thence westward along the north shoreline of 
the harbor then northward along the seaward shoreline to the beginning.
    (g) Netarts Bay Bar, Oreg. From a point on the shoreline at 
45[deg]28[min]05[sec] N. thence westward to 45[deg]28[min]05[sec] N., 
124[deg]00[min]00[sec] W. thence southward to 45[deg]24[min]00[sec] N., 
124[deg]00[min]00[sec] W. thence eastward to a point on the shoreline at 
45[deg]24[min]00[sec] N., 123[deg]57[min]45[sec] W. thence northward 
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 north shoreline of the harbor at

[[Page 894]]

45[deg]26[min]00[sec] N., 123[deg]56[min]57[sec] W. thence northward 
along the shoreline to the beginning.
    (h) Siletz Bay Bar, Oreg. From a point on the shoreline at 
44[deg]56[min]32[sec] N., 124[deg]01[min]29[sec] W. thence westward 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 the shoreline 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 north shoreline of the harbor at 44[deg]55[min]45[sec] 
N., 124[deg]01[min]20[sec] W. thence westward and northward along the 
shoreline to the beginning.
    (i) Depoe Bay Bar, Oreg. From a point on the shoreline at 
44[deg]49[min]15[sec] N., 124[deg]04[min]00[sec] W. thence westward 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 the shoreline 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 bank of the entrance channel to the highway 
bridge thence northward to the north bank at the bridge thence westward 
along the north bank of the entrance channel and northward along the 
seaward shoreline to the beginning.
    (j) Yaquina Bay Bar, Oreg. From a point on the shoreline at 
44[deg]38[min]11[sec] N., 124[deg]03[min]47[sec] W. thence westward 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 the shoreline 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 bank of the entrance channel to the highway 
bridge thence northward to the north bank of the entrance channel at the 
bridge thence westward along the north bank of the entrance channel and 
northward along the seaway shoreline to the beginning.
    (k) Siuslaw River Bar, Oreg. From a point on the shoreline at 
44[deg]02[min]00[sec] N., 124[deg]08[min]00[sec] W. thence westward 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 the shoreline 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 bank of the entrance channel to 
44[deg]00[min]35[sec] N., 124[deg]07[min]48[sec] W. thence southeastward 
to a point on the east 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 of the entrance channel and northward along the 
seaward shoreline to the beginning.
    (l) Umpqua River Bar, Oreg. From a point on the shoreline at 
43[deg]41[min]20[sec] N., 124[deg]11[min]58[sec] W. thence westward 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 the shoreline 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 training jetty 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 channel at 43[deg]40[min]40[sec] N., 
124[deg]11[min]41[sec] W. thence southwestward along the west bank of 
the entrance channel thence northward along the seaward shoreline to the 
beginning.
    (m) Coos Bay Bar, Oreg. From a point on the shoreline at 
43[deg]22[min]15[sec] N., 124[deg]19[min]34[sec] W. thence westward 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 the shoreline at 43[deg]20[min]25[sec] N., 
124[deg]22[min]28[sec] W. thence northward along the shoreline and 
eastward along the south shore of the entrance channel to a point on the 
shoreline at 43[deg]20[min]52[sec] N., 124[deg]19[min]12[sec] W. thence 
eastward to a point on the east shoreline of the harbor at 
43[deg]21[min]00[sec] N., 124[deg]18[min]50[sec] W. thence northward to 
a point on the west shoreline of the harbor at 43[deg]21[min]45[sec] N., 
124[deg]19[min]10[sec] W. thence south and west along the west shoreline 
of the harbor thence northward along the seaward shoreline to the 
beginning.
    (n) Coquille River Bar, Oreg. From a point on the shoreline at 
43[deg]08[min]25[sec] N., 124[deg]25[min]04[sec] W. thence southwestward 
to 43[deg]07[min]50[sec] N., 124[deg]27[min]05[sec] W. thence 
southwestward to 43[deg]07[min]03[sec] N., 124[deg]28[min]25[sec] W. 
thence eastward 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 and 
eastward along the south shoreline of the channel entrance to 
43[deg]07[min]17[sec] N., 124[deg]25[min]00[sec] W. thence northward to 
the east end of the north jetty at 43[deg]07[min]24[sec] N., 
124[deg]24[min]59[sec] W. thence westward along the north shoreline of 
the entrance channel and northward along the seaward shoreline to the 
beginning.
    (o) Rogue River Bar, Oreg. From a point on the shoreline at 
42[deg]26[min]25[sec] N., 124[deg]26[min]03[sec] W. thence westward to

[[Page 895]]

42[deg]26[min]10[sec] N., 124[deg]27[min]05[sec] W. thence southward to 
42[deg]24[min]15[sec] N., 124[deg]27[min]05[sec] W. thence eastward 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 and 
eastward along the south shoreline of the entrance channel to the 
highway bridge thence northward across the inner harbor jetty to a point 
on the north shoreline of the entrance channel at the highway bridge 
thence westward along the north shoreline of the entrance channel thence 
northward along the seaward shoreline to the beginning.
    (p) Chetco River Bar, Oreg. From a point on the shoreline at 
42[deg]02[min]35[sec] N., 124[deg]17[min]20[sec] W. thence southeastward 
to 42[deg]01[min]45[sec] N., 124[deg]16[min]30[sec] W. thence 
northwestward to a point on the shoreline at 42[deg]02[min]10[sec] N., 
124[deg]15[min]35[sec] W. thence northwestward along the shoreline 
thence northward along the east 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 of the inner jetty and east shoreline of the channel 
entrance to the highway bridge thence westward to the west shoreline of 
the channel at the highway bridge thence southward along the west 
shoreline of the channel thence westward along the seaward shoreline to 
the beginning.

[CGD 73-41R, 39 FR 2583, Jan. 23, 1974, as amended by CGD 86-082, 52 FR 
33812, Sept. 8, 1987]



Sec. 177.09  Penalties.

    An operator of a vessel who does not follow the directions of a 
Coast 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 that a 
person willfully operating a recreational vessel in violation of 46 
U.S.C., Chapter 43 or regulations issued thereunder, shall be fined not 
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 a 
person violating any other provision of 43 U.S.C., Chapter 43 or 
regulation issued thereunder is liable to the United States Government 
for a civil penalty, and, if the violation involves the operation of a 
vessel, 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 expeditious means.''
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, governing 
the 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 the following 
equipment as shipped, transferred, or sold from the place of manufacture 
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 CFR 
160.076.
    Boat means any vessel--
    (1) Manufactured or used primarily for noncommercial use;
    (2) Leased, rented, or chartered to another for the latter's 
noncommercial use; or
    (3) Operated as an uninspected passenger vessel subject to the 
requirements of 46 CFR chapter I, subchapter C.
    Manufacturer means any person engaged in--
    (1) The manufacture, construction, or assembly of boats or 
associated equipment;

[[Page 896]]

    (2) The manufacture or construction of components for boats and 
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 by USCG-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 defect or 
failure to comply with a standard or regulation under 46 U.S.C. 4310(b), 
shall furnish that notice within 30 days after the manufacturer 
discovers or acquires information of the defect or failure 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 as 
provided for in 46 U.S.C. 4310(c)(1)(C), must give such notice in 
writing.

[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 the 
following additional information:
    (a) The name and address of the manufacturer.
    (b) Identifying classifications including the make, model year, if 
appropriate, the inclusive dates (month and year) of the manufacture, or 
serial numbers and any other data necessary to describe the boats or 
associated equipment that may be affected.

[CGD 72-55R, 37 FR 15776, Aug. 4, 1972, as amended by CGD 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 relating 
to safety or failure to comply with a standard or regulation issued 
under the authority of 46 U.S.C. 4302, shall within 30 days of receipt 
of the information--
    (a) Furnish the notification described in 46 U.S.C. 4310(d) to the 
persons designated in 46 U.S.C. 4310(c), or
    (b) Provide information to the Commandant by certified mail stating 
why the manufacturer believes there is no defect relating to safety 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 46 
U.S.C. 4310, the manufacturer shall concurrently send to the Commandant 
by certified mail--
    (1) A true or representative copy of each notice, bulletin, and 
other communication given to persons required to be notified under 46 
U.S.C. 4310(c);
    (2) The manufacturer's best estimate of the total number of boats or 
items of associated equipment potentially affected by the defect or 
failure to comply with a standard or regulation prescribed under 46 
U.S.C. 4302; and
    (3) If discovered or determined by the manufacturer, a chronology of 
all principal events upon which the determination is based.
    (b) A manufacturer may submit an item required by paragraph (a) of 
this section that is not available at the time of submission to the 
Commandant when it becomes available if the manufacturer explains why it 
was not submitted within the time required and estimates when it will 
become available.

[CGD 72-55R, 37 FR 15776, Aug. 4, 1972, as amended by CGD 93-055, 61 FR 
13926, Mar. 28, 1996]



Sec. 179.15  Follow-up report.

    (a) Each manufacturer who makes an initial report required by Sec. 
179.13 shall submit a follow-up report to the Commandant 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 of the 
date of the follow-up report;

[[Page 897]]

    (3) The number of units in which corrective action has been 
completed 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 by Sec. 179.13.
    (b) Each manufacturer shall submit any additional follow-up reports 
requested by the Commandant.



Sec. 179.17  Penalties.

    Each manufacturer who fails to comply with a provision of 46 U.S.C. 
4310 or the regulations in this part, is subject to the penalties 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 and 
required by this part concerning boats and associated equipment other 
than inflatable personal flotation devices, must be submitted to 
Commandant (CG-54223), 2100 2nd St., SW., Stop 7581, Washington, DC 
20593-7581.
    (b) Each report and communication sent to the Coast Guard and 
required by this part concerning inflatable personal flotation devices, 
must be submitted to Commandant (CG-5214), 2100 2nd St., SW., Stop 7126, 
Washington, DC 20593-7126.

[CGD 93-055, 61 FR 13927, Mar. 28, 1996; CGD 96-026, 61 FR 36629, July 
12, 1996; USCG-2008-0179, 73 FR 35024, June 19, 2008; USCG-2010-0351, 75 
FR 36287, June 25, 2010]



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 identification number.
181.29 Hull identification number display.
181.31 Manufacturer identification code assignment.
181.33 Conditions for use of manufacturer identification codes.
181.35 Removal of numbers.

Subparts D-F [Reserved]

      Subpart G_Instruction Pamphlet for Personal Flotation Devices

181.701 Applicability.
181.702 Information pamphlet: requirement to furnish.
181.703 Information pamphlet: Contents.
181.704 Contents of information pamphlet: Recreational hybrid PFD.
181.705 Contents of information pamphlet: Recreational inflatable 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 boats and 
associated equipment and identification of boats to which 46 U.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 originally 
manufactured or any similar part or component manufactured or sold for 
replacement, repair, or improvement of such system, part, or component;
    (2) Any accessory or equipment for, or appurtenance to, a boat; and
    (3) Any marine safety article, accessory, or equipment intended for 
use by a person on board a boat; but
    (4) Excluding radio equipment.
    Boat means any vessel--

[[Page 898]]

    (1) Manufactured or used primarily for noncommercial use;
    (2) Leased, rented, or chartered to another for the latter's 
noncommercial use; or
    (3) Operated as an uninspected passenger vessel subject to the 
requirements of 46 CFR chapter I, subchapter C.
    Date of certification means the date on which a boat or item of 
associated equipment is certified to comply with all applicable U.S. 
Coast Guard safety standards in effect on that date.
    Date of manufacture means the month and year during which 
construction or assembly of a boat or item of associated equipment 
begins.
    Manufacturer means any person engaged in:
    (1) The manufacture, construction, or assembly of boats or 
associated 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 year and 
ending on July 31 of the following year. Each model year is designated 
by the year in which it ends.
    Private label merchandiser means any person engaged in the business 
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 part 
with the approval of the Director of the Federal Register in accordance 
with 5 U.S.C. 552(a). To enforce any edition other than the one listed 
in paragraph (b) of this section, notice of change must be published in 
the Federal Register and the material made available to the public. All 
approved material is available for inspection at the Lifesaving and Fire 
Safety Standards Division (CG-5214), 2100 2nd St., SW., Stop 7126, 
Washington, DC 20593-7126, and at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal--register/code--of--federal--regulations/ibr--locations.html. 
All approved material is available from the sources listed in paragraph 
(b) of this section.
    (b) The materials approved for incorporation by reference in this 
part, 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 by CGD 93-055, 61 FR 
13927, Mar. 28, 1996; CGD 96-026, 61 FR 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; USCG-2010-0351, 75 FR 36287, June 25, 
2010]



           Subpart B_Manufacturer Certification of Compliance



Sec. 181.5  Purpose and applicability.

    This subpart prescribes requirements for the certification of boats 
and associated equipment to which 46 U.S.C. Chapter 43 applies and to 
which a safety standard prescribed in Part 183 of this chapter applies.

[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 contains 
the information required by Sec. 181.15:
    (a) No person who manufactures, constructs, or assembles a boat or 
associated equipment may deliver that boat or equipment for the purpose 
of sale;
    (b) No person may import into the United States any boat or 
associated equipment; and
    (c) No person engaged in the business of selling or distributing 
boats or associated equipment may sell or offer for sale any boat or 
associated equipment.



Sec. 181.9  Affixing labels.

    (a) Each manufacturer of a boat or item of associated equipment to 
which a standard or regulation prescribed in Part 183 of this chapter 
applies shall affix a certification label that contains

[[Page 899]]

the information required by Sec. 181.15 to that boat or equipment 
before it:
    (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 equipment that 
is sold to a private label merchandiser may, at the option of the 
private label merchandiser, affix a certification label identifying the 
private label merchandiser as the manufacturer before the boat or item 
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 equipment 
intended solely for export, and so labeled, tagged, or marked on the 
boat or equipment and on the outside of the container, if any, which is 
exported.
    (b) If an item of associated equipment is so small that a 
certification label that meets the requirements in Sec. 181.15 cannot 
be affixed to it, a certification label that contains the information 
required by Sec. 181.15 may be printed on the smallest container in 
which the item is packed or on a slip packed with the item.
    (c) This subpart does not apply to any outboard motor or starting 
control to which Sec. 183.710 of this chapter applies.

[CGD 72-60, 37 FR 15779, Aug. 4, 1972, as amended by CGD 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 or 
alter any information on a label required by this part, unless 
authorized 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 label 
merchandiser who certifies that the boat or item of associated equipment 
complies with the standards prescribed in Part 183 of this subchapter; 
and
    (2) Except as provided in paragraph (c) of this section, the words:
    (i) ``This (insert `Boat' or `Equipment') Complies With U.S. Coast 
Guard Safety Standards In Effect On (insert date of certification as 
prescribed in paragraph (b) of this section)''; or
    (ii) If the item being certified is a boat, the label may show the 
words, ``This Boat Complies With U.S. Coast Guard Safety Standards In 
Effect On The Date of Certification.''
    (b) Date of certification must be no earlier than the date on which 
construction or assembly began and no later than the date on which the 
boat or item of associated equipment leaves the place of manufacture or 
assembly or import for the purposes of sale.
    (c) [Reserved]
    (d) Except as provided in paragraph (e) of this section, the 
manufacturer may, in addition to the information required by paragraphs 
(a) and (b) of this section, display on the certification label any or 
all of the following information:
    (1) Model name or designation.
    (2) Hull identification number (if a boat) or serial number (if an 
item of associated equipment).
    (3) Model year.
    (e) Display of the hull identification number on the certification 
label does not satisfy the display requirements of Sec. 181.29.
    (f) Each boat which displays a maximum horsepower capacity 
determined in accordance with Sec. 183.53(b) must, in addition to the 
information required by paragraphs (a), (b) and (d) of this section, 
display on the certification label, the following statement in letters 
no less than one-quarter of an inch in height:
    THIS BOAT IS INTENDED FOR RACING AND OTHER HIGH PERFORMANCE 
ACTIVITIES. THE SKILL REQUIRED MAY EXCEED THE ABILITIES OF SOME 
OPERATORS.

[CGD 72-60, 37 FR 15779, Aug. 4, 1972, as amended by CGD 83-012, 49 FR 
39327, Oct. 5, 1984; CGD 85-002, 51 FR 37573, Oct. 23, 1986; USCG-1999-
5832, 64 FR 34716, June 29, 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

[[Page 900]]

    (b) Contrast with the basic color of the label, except that the date 
of certification may be permanently stamped, engraved, or embossed on 
the label.



Sec. 181.19  Construction of labels.

    (a) Each label must be made of material that can withstand exposure 
to water, oil, salt spray, direct sunlight, heat, cold, and wear 
expected in normal use of the boat or item of associated equipment 
without deterioration of legibility.
    (b) Each label must be made of material that shows visible traces of 
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 of boats 
to which section 46 U.S.C. 4301 applies.

[CGD 79-013, 48 FR 40718, Sept. 9, 1983, as amended by USCG-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 in Sec. 181.3 of this 
part, must identify each boat produced or imported with two hull 
identification numbers that meet the requirements of this subpart:
    (1) A primary hull identification number affixed in accordance with 
Sec. Sec. 181.29(a) and (c) of this subpart; and
    (2) A duplicate hull identification number affixed in accordance 
with Sec. Sec. 181.29(b) and (c) of this subpart.
    (b) A person who builds or imports a boat for his or her own use and 
not for the purposes of sale, must identify that boat with two hull 
identification numbers that meet the requirements of this subpart.
    (c) No person may assign the same hull identification number to more 
than one boat.



Sec. 181.25  Hull identification number format.

    Each of the hull identification numbers required by Sec. 181.23 
must consist of twelve characters, uninterrupted by slashes, hyphens, or 
spaces, as follows:
    (a) The first three characters must be a manufacturer identification 
code assigned under Sec. 181.31(a) or the importer designation assigned 
under Sec. 181.31(b).
    (b) Characters four through eight must be a serial number assigned 
by the manufacturer in letters of the English alphabet, or Arabic 
numerals, or both, except the letters I, O, and Q.
    (c) Characters nine and ten must indicate the month and year of 
certification when a date of certification is required. In all other 
cases characters nine and ten must indicate the date of manufacture. The 
date indicated can be no earlier than the date construction or assembly 
began and no later than the date the boat leaves the place of 
manufacture or assembly or is imported into the United States for the 
purposes of sale. Character nine must be indicated using letters of the 
English alphabet. The first month of the year, January, must be 
designated by the letter ``A'', the second month, February, by the 
letter ``B'', and so on until the last month of the year, December. 
Character ten must be the last digit of the year of manufacture or 
certification and must be an Arabic numeral.
    (d) Characters eleven and twelve must indicate the model year using 
Arabic numerals for the last two numbers of the model year such as 
``82'' for 1982 and ``83'' for 1983.



Sec. 181.27  Information displayed near hull identification number.

    With the exception of the characters ``US-'', which constitute the 
country of origin code for the United States, if information is 
displayed on the boat within 2 inches of the 12-character hull 
identification number (HIN), that information must be separated from the 
HIN by means of borders or must be on a separate label, so that it will 
not be interpreted as part of the hull identification number.

[USCG-2003-14272, 69 FR 33860, June 17, 2004]

[[Page 901]]



Sec. 181.29  Hull identification number display.

    Two identical hull identification numbers are required to be 
displayed on each boat hull.
    (a) The primary hull identification number must be affixed--
    (1) On boats with transoms, to the starboard outboard side of the 
transom within two inches of the top of the transom, gunwale, or hull/
deck joint, whichever is lowest.
    (2) On boats without transoms or on boats on which it would be 
impractical to use the transom, to the starboard outboard side of the 
hull, aft, within one foot of the stern and within two inches of the top 
of the hull side, gunwale or hull/deck joint, whichever is lowest.
    (3) On catamarans and pontoon boats which have readily replaceable 
hulls, to the aft crossbeam within one foot of the starboard hull 
attachment.
    (4) If the hull identification number would not be visible, because 
of rails, fittings, or other accessories, the number must be affixed as 
near as possible to the location specified in paragraph (a) of this 
section.
    (b) The duplicate hull identification number must be affixed in an 
unexposed location on the interior of the boat or beneath a fitting or 
item of hardware.
    (c) Each hull identification number must be carved, burned, stamped, 
embossed, molded, bonded, or otherwise permanently affixed to the boat 
so that alteration, removal, or replacement would be obvious. If the 
number is on a separate plate, the plate must be fastened in such a 
manner that its removal would normally cause some scarring of or damage 
to the surrounding hull area. A hull identification number must not be 
attached to parts of the boat that are removable.
    (d) The characters of each hull identification number must be no 
less 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 hull 
identifications numbers must request a manufacturer identification code 
in writing from the Recreational Boating Product Assurance Branch (CG-
54223), 2100 2nd St., SW., Stop 7581, Washington, DC 20593-7581. The 
request must indicate the manufacturer's name and U.S. address along 
with the general types and lengths of boats that will be manufactured.
    (b) For boats manufactured outside of the jurisdiction of the United 
States, a U.S. importer must obtain a manufacturer identification code 
as required by paragraph (a) of this section. The request of an 
importer, as defined in Sec. 181.3 of this subpart, must indicate the 
importer's name and U.S. address along with a list of the manufacturers, 
their addresses, and the general types and sizes of boats that will be 
imported. If a nation has a hull identification number system which has 
been accepted by the U.S. Coast Guard for the purpose of importing 
boats, it may be used by the importer instead of the one specified 
within this subpart. To request a list of those nations having such a 
numbering system, write to the Recreational Boating Product Assurance 
Branch (CG-54223), 2100 2nd St., SW., Stop 7581, Washington, DC 20593-
7581.
    (c) Persons who are required to identify boats under Sec. 181.23(b) 
must obtain the required hull identification number from the State 
Boating Law Administrator of the State where the boat will be 
principally used, or, if the State Boating Law Administrator does not 
assign these numbers, from the Coast Guard District office in the area 
of principal use.

[CGD 79-013, 48 FR 40718, Sept. 9, 1983, as amended by CGD 88-052, 53 FR 
25122, July 1, 1988; CGD 96-026, 61 FR 33669, June 28, 1996; USCG-2008-
0179, 73 FR 35024, June 19, 2008; USCG-2010-0351, 75 FR 36287, June 25, 
2010]



Sec. 181.33  Conditions for use of manufacturer identification codes.

    (a) No manufacturer or importer may sell or transfer a manufacturer 
identification code or use a manufacturer identification code that has 
been assigned to another.
    (b) A manufacturer or importer who changes the business name or 
address must advise the Recreational Boating Product Assurance Branch 
(CG-54223),

[[Page 902]]

2100 2nd St., SW., Stop 7581, Washington, DC 20593-7581 of the change in 
writing.

[CGD 79-013, 48 FR 40718, Sept. 9, 1983, as amended by CGD 88-052, 53 FR 
25122, July 1, 1988; CGD 96-026, 61 FR 33669, June 28, 1996; USCG-2008-
0179, 73 FR 35024, June 19, 2008; USCG-2010-0351, 75 FR 36287, June 25, 
2010]



Sec. 181.35  Removal of numbers.

    No person may remove or alter a number required by this subpart 
unless authorized by the Commandant, U.S. Coast Guard.

Subparts D-F [Reserved]



      Subpart G_Instruction Pamphlet for Personal Flotation Devices

    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 are sold 
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 personal 
flotation device (PFD) must furnish with each PFD that is sold or 
offered for sale for use on a recreational boat, an information pamphlet 
meeting the requirements of Sec. 181.703, Sec. 181.704, or Sec. 
181.705 of this subpart, as appropriate.
    (b) No person may sell or offer for sale for use on a recreational 
boat, a Type I, II, III, IV, or V PFD unless an information pamphlet 
required by this section is attached in such a way that it can be read 
prior to purchase.

[CGD 93-055, 61 FR 13927, Mar. 28, 1996]



Sec. 181.703  Information pamphlet: Contents.

    Unless otherwise specified in this subpart, each information 
pamphlet must contain the information specified in sections 33, 34 and 
35 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 approved 
under 46 CFR 160.077 must contain the information specified in 46 CFR 
160.077-27.

[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 PFD approved 
under 46 CFR 160.076 must contain the information required by 46 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-outdrive boats.
183.35 Maximum weight capacity: Outboard boats.
183.37 Maximum weight capacity: Boats rated for manual propulsion and 
          boats rated for outboard motors of 2 horsepower or less.
183.39 Persons capacity: Inboard and inboard-outdrive boats.
183.41 Persons capacity: Outboard boats.
183.43 Persons capacity: Boats rated for manual propulsion and boats 
          rated for outboard motors of 2 horsepower or less.

                         Subpart D_Safe Powering

183.51 Applicability.
183.53 Horsepower capacity.

[[Page 903]]

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.
183.114 Test of flotation materials.

Subpart G_Flotation Requirements for Outboard Boats Rated for 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 persons capacity.

Subpart H_Flotation Requirements for Outboard Boats Rated for 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 persons capacity.

Table 4 to Subpart H of Part 183--Weights (Pounds) of Outboard Motor and 
          Related Equipment for Various Boat Horsepower Ratings
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.

[[Page 904]]

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.

                   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, 107 Stat. 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 and 
associated equipment to which 46 U.S.C. Chapter 43 applies and to which 
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 sides of 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's 
noncommercial use; or
    (3) Operated as an uninspected passenger vessel subject to the 
requirements of 46 CFR chapter I, subchapter C.
    Full transom means a transom with a maximum width which exceeds one-
half the maximum beam of the boat.
    Length means the straight line horizontal measurement of the overall 
length from the foremost part of the boat to the aftermost part of the 
boat, measured from end to end over the deck excluding sheer, 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 intersection of the 
water surface and the boat at any operating draft forms a single closed 
curve. For example, a catamaran, trimaran, or a pontoon boat is not a 
monohull boat.
    Motorwell means any arrangement of bulkheads or structures that 
prevents water from entering the passenger carrying area of the boat 
through any cutout area in the transom for mounting an outboard motor.
    Motorwell height means the vertical distance from the lowest point 
of water ingress along the top of the motorwell to a line representing a 
longitudinal extension of the centerline of the boat's bottom surface, 
excluding keels. This distance is measured as a projection on the 
centerline plane of the boat. See Figure 183.3.
    Permanent appurtenances means equipment that is mounted or fastened, 
so that it is not removable without the use of tools. Seats, inboard 
engines, windshields, helm stations, or hardtops are permanent 
appurtenances. Outboard motors, controls, batteries, and portable fuel 
tanks are not permanent appurtenances.
    Remote steering means any mechanical assist device which is rigidly 
attached to the boat and used in steering the vessel, including but not 
limited to mechanical, hydraulic, or electrical control systems.
    Sailboat means a boat designed or intended to use sails as the 
primary means of propulsion.
    Sheer means the topmost line in a boat's side. The sheer intersects 
the vertical centerline plane of the boat at the forward end and 
intersects the transom (stern) at the aft end. For the purposes of this 
definition, the topmost line in a boat's side is the line defined by a 
series of points of contact with the boat structure, by straight lines 
at

[[Page 905]]

45 degree angles to the horizontal and contained in a vertical plane 
normal to the outside edge of the boat as seen from above and which are 
brought into contact with the outside of the horizontal boat. A boat is 
horizontal when it is transversely level and when the lowest points at 
40 percent and 75 percent of the boat's length behind the most forward 
point of the boat are level.
    Transom means the surface at the stern of a boat projecting or 
facing aft. The upper boundary of the transom is the line defined by a 
series of points of contact, with the boat structure, by straight lines 
at 45 degree angles to the horizontal and contained in a vertical 
longitudinal plane and which are brought into contact with the stern of 
the horizontal boat. A boat is horizontal when it is transversely level 
and when the lowest points at 40 percent and 75 percent of the boat's 
length behind the most forward point of the boat are level.
    Transom height means the vertical distance from the lowest point of 
water ingress along the top of the transom to a line representing a 
longitudinal extension of the centerline of the boat's bottom surface, 
excluding keels. This distance is measured as a projection on the 
centerline plane of the boat. See Figure 183.3.
    Vessel includes every description of watercraft, other than a 
seaplane on the water, used or capable of being used as a means of 
transportation 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 by CGD 75-176, 42 
FR 2681, Jan. 13, 1977; CGD 85-002, 51 FR 37574, 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 part 
with the approval of the Director of the Federal Register in accordance 
with 5 U.S.C. 552(a). To enforce any edition other than the one listed 
in paragraph (b) of this section, notice of change must be published in 
the Federal Register and the material made available to the public. All 
approved material is

[[Page 906]]

available for inspection at the Recreational Boating Product Assurance 
Branch (CG-54223), 2100 2nd St., SW., Stop 7581, Washington, DC 20593-
7581, and at the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html. All approved material is 
available from the sources listed in paragraph (b) of this section.
    (b) The materials approved for incorporation by reference in this 
part, and the sections affected are:

Air Movement and Control Association, 30
 W. University Drive, Arlington Heights,
 IL 60004:
    AMCA 210-74: Laboratory Methods of      Sec.  183.610
     Testing Fans for Ratings--1974.
American Boat and Yacht Council, Inc.,
 3069 Solomons Island Road, Edgewater,
 Maryland 21037-1416:
    ABYC A-16 Electric Navigation Lights-   Sec.  183.810
     1997.
American Society for Testing and
 Materials, 100 Barr Harbor Drive, West
 Conshohocken, PA 19428-2959:
    ASTM D 471-96, Standard Test Method     Sec. Sec.  183.114;
     for Rubber Property--Effect of          183.516; 183.607; 183.620
     Liquids.
    ASTM D 1621-94, Standard Test Method    Sec.  183.516
     for Compressive Properties of Rigid
     Cellular Plastics.
    ASTM D 1622-93, Standard Test Method    Sec.  183.516
     for Apparent Density of Rigid
     Cellular Plastics.
    ASTM D 2842-97, Standard Test Method    Sec.  183.114
     for Water Absorption of 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 on
     Shipboard--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, Customer
 Service--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
 Commonwealth Drive, Warrendale, PA 15096:
    SAE J378 Marine Engine Wiring--1984...  Sec.  183.430
    SAE J557 High Tension Ignition Cable--  Sec.  183.440
     1968.
    SAE J1127 Battery Cable--1980.........  Sec.  183.430
    SAE J1128 Low Tension Primary Cable--   Sec.  183.430
     1975.
    SAE J1527DEC85 Marine Fuel Hoses--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 Line Hose--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 by CGD 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; USCG-2010-0351, 75 
FR 36288, June 25, 2010]



                Subpart B_Display of Capacity Information



Sec. 183.21  Applicability.

    This subpart applies to monohull boats less than 20 feet in length, 
except sailboats, canoes, kayaks, and inflatable boats.



Sec. 183.23  Capacity marking required.

    Each boat must be marked in the manner prescribed in Sec. Sec. 
183.25 and 183.27 with the maximum persons capacity in whole numbers of 
persons and in pounds, the maximum weight capacity in pounds, determined 
under Sec. Sec. 183.33

[[Page 907]]

through 183.43, and the maximum horsepower capacity determined under 
Sec. 183.53 or the statement ``This Boat Not Rated for Propulsion by a 
Motor''.

[CGD 78-034, 45 FR 2029, Jan. 10, 1980, as amended by USCG-1999-5832, 64 
FR 34716, June 29, 1999]



Sec. 183.25  Display of markings.

    (a) Each marking required by Sec. 183.23 must be permanently 
displayed in a legible manner where it is clearly visible to the 
operator when getting the boat underway.
    (b) The information required by Sec. 183.23 must be displayed 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. 183.23 must 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 at least 
\1/8\ inch from each other and from the borders of the yellow area;

[[Page 908]]

    (2) The persons capacity in whole numbers must be black print with 
the 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 height 
except for the number ``4'', which shall be one stroke width wider, and 
the number ``1'', which shall be one stroke in width;
    (iii) The stroke width shall be one-sixth of the height; and
    (iv) The minimum space between the numbers shall be one stroke 
width.
    (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 color contrasting with yellow. 
The number of pounds in this line must be at least one-eighth inch in 
height but no larger than one-half the height of the persons capacity 
number and of a color contrasting with yellow.
    (4) All remaining words and numbers required to be within the yellow 
area required in paragraph (c)(1) must be at least one-eighth inch in 
height, but no larger than one-half the height of the persons capacity 
number.
    (5) All other words and numbers on the displays must be located 
outside the yellow area on a background color which contrasts with 
yellow.
    (6) The words ``Maximum Capacities'' must be at least one-quarter 
inch in height and of color contrasting with its background.
    (7) The words ``U.S. Coast Guard'' must be at least one-eighth inch 
in height and of color contrasting with its background.

[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 to 
water, oil, salt spray, direct sunlight, heat, cold, and wear expected 
in normal operation of the boat, without loss of legibility; and
    (b) Resistant to efforts to remove or alter the information without 
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 length 
except 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 one or 
more inboard or inboard-outdrive units for propulsion must not exceed 
the greater value of W obtained from either of the following formulas:
[GRAPHIC] [TIFF OMITTED] TC18OC91.020

    (b) For the purposes of paragraph (a) of this section:
    (1) ``Maximum displacement'' is the weight of the volume of water 
displaced by the boat at its maximum level immersion in calm water 
without water coming aboard. For the purpose of this paragraph, a boat 
is level when it is transversely level and when either of the two 
following conditions are met:
    (i) The forward point where the sheer intersects the vertical 
centerline plane

[[Page 909]]

and the aft point where the sheer intersects the upper boundary of the 
transom (stern) are equidistant above the water surface or are 
equidistant below the water surface.
    (ii) The most forward point of the boat is level with or above the 
lowest 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.
    (3) ``Machinery weight'' is the combined weight of installed engines 
or motors, control equipment, drive units, and batteries.

[CGD 72-61R, 37 FR 15782, Aug. 4, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
183.33, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 183.35  Maximum weight capacity: Outboard boats.

    (a) The maximum weight capacity marked on a boat that is designed or 
intended to use one or more outboard motors for propulsion must be a 
number that does not exceed one-fifth of the difference between its 
maximum displacement and boat weight.
    (b) For the purposes of paragraph (a) of this section:
    (1) ``Maximum displacement'' is the weight of the volume of water 
displaced by the boat at its maximum level immersion in calm water 
without water coming aboard except for water coming through one opening 
in the motor well with its greatest dimension not over 3 inches for 
outboard motor controls or fuel lines. For the purpose of this 
paragraph, a boat is level when it is transversely level and when either 
of the two following conditions are met:
    (i) The forward point where the sheer intersects the vertical 
centerline plane and the aft point where the sheer intersects the upper 
boundary of the transom (stern) are equidistant above the water surface 
or are equidistant below the water surface.
    (ii) The most forward point of the boat is level with or above the 
lowest 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 by CGD 73-250, 40 FR 
43857, Sept. 23, 1975; CGD 75-176, 42 FR 2681, Jan. 13, 1977; USCG-1999-
5832, 64 FR 34716, June 29, 1999]



Sec. 183.37  Maximum weight capacity: Boats rated for manual propulsion and 

boats rated for outboard motors of 2 horsepower or less.

    (a) The maximum weight capacity marked on a boat that is rated for 
manual propulsion or for motors of 2 horsepower or less must not exceed 
3/10 of the difference between the boat's maximum displacement and the 
boat's weight in pounds.
    (b) For the purposes of paragraph (a) of this section:
    (1) ``Maximum displacement'' is the weight of the volume of water 
displaced by the boat at its maximum level immersion in calm water 
without water coming aboard. For the purpose of this paragraph, a boat 
is level when it is transversely level and when either of the two 
following conditions are met:
    (i) The forward point where the sheer intersects the vertical 
centerline plane and the aft point where the sheer intersects the upper 
boundary of the transom (stern) are equidistant above the water surface 
or are equidistant below the water surface.
    (ii) The most forward point of the boat is level with or above the 
lowest 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 citations affecting Sec. 
183.37, see the List of CFR Sections Affected, which appears in the

[[Page 910]]

Finding Aids section of the printed volume 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 is designed 
to use one or more inboard engines or inboard-outdrive units for 
propulsion must not exceed the lesser of:
    (1) The maximum weight capacity determined under Sec. 183.33 for 
the boat; or
    (2) For boats with a maximum persons capacity less than 550 pounds, 
the maximum persons capacity determined in the following manner:
    (i) Float the boat in calm water with all its permanent 
appurtenances, including installed engines, full fuel system and tanks, 
control equipment, drive units and batteries.
    (ii) Gradually add weights along one outboard extremity of each 
passenger carrying area, at the height of the seat nearest the center of 
that area, but no higher than the height of the gunwale and distributed 
equally forward and aft of that center in a plane parallel to the 
floorboards, until the boat assumes the maximum list or trim or both, 
without water coming aboard.
    (iii) Compute the persons capacity in pounds in the following 
formula: Persons capacity=A/0.6 where A is the total of the weights 
added in paragraph (a)(2)(ii) of this section.
    (b) The maximum persons capacity in whole numbers of persons marked 
on a boat that is designed or intended to use one or more inboard 
engines or inboard-outboard units must not exceed the value obtained by 
adding 32 pounds to the value determined in paragraph (a)(2)(iii), 
dividing the sum by 141 and rounding off the result to the nearest whole 
number. If the fraction is less than one-half, round down to the next 
whole integer and if the fraction is equal to or greater than one-half, 
round up to the next higher whole integer.

[CGD 78-034, 45 FR 2030, Jan. 10, 1980, as amended by CGD 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 is designed 
to use one or more outboard motors for propulsion must not exceed the 
lesser of:
    (1) The maximum weight capacity determined under Sec. 183.35 for 
the boat minus the motor and control weight, battery weight (dry), and 
full portable fuel tank weight from table 4 of subpart H of this part; 
or
    (2) For boats with a maximum persons capacity less than 550 pounds, 
the maximum persons capacity determined in the following manner:
    (i) Float the boat with all its permanent appurtenances.
    (ii) Add, in normal operating positions, the dry motor and control 
weight, battery weight, and full portable fuel tank weight, if any, 
shown in table 4 of subpart H of this part for the maximum horsepower 
capacity marked on the boat. Permanently installed fuel tanks shall be 
full of fuel.
    (iii) Gradually add weights along one outboard extremity of each 
passenger carrying area, at the height of the seat nearest the center of 
that area, but no higher than the height of the gunwale, and distributed 
equally forward and aft of that center in a plane parallel to the 
floorboards until the boat assumes the maximum list or trim, or both 
without water coming aboard.
    (iv) Compute the persons capacity in pounds using the following 
formula: Persons capacity=A/0.6 where A is the total of the weights 
added in paragraph (a)(2)(iii) of this section.
    (b) The maximum persons capacity in whole numbers of persons marked 
on a boat designed or intended to use one or more outboard motors for 
propulsion must not exceed the value obtained by adding 32 pounds 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 to the nearest 
whole number. If the fraction is less than one-half, round down to the 
next lower whole integer and if the fraction is equal to or greater than 
one-half, round up to the next higher whole integer.

[CGD 78-034, 45 FR 2030, Jan. 10, 1980, as amended by CGD 83-012, 49 FR 
39328, Oct. 5, 1984; 50 FR 18636, May 2, 1985]

[[Page 911]]



Sec. 183.43  Persons capacity: Boats rated for manual propulsion and boats 

rated for outboard motors of 2 horsepower or less.

    (a) The persons capacity in pounds marked on a boat that is rated 
for manual propulsion or for motors of 2 horsepower or less must not 
exceed:
    (1) For boats rated for manual propulsion, 90 percent of the maximum 
weight capacity in pounds; and
    (2) For boats rated for motors of 2 horsepower or less, 90 percent 
of the maximum weight capacity in pounds, less 25 pounds.
    (b) The maximum persons capacity, in whole numbers of persons marked 
on a boat that is rated for manual propulsion must not exceed the value 
obtained by adding 32 pounds to the value determined in paragraph 
(a)(1), dividing the sum by 141, and rounding off the result to 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 to or greater 
than one-half, round up to the next higher whole integer.
    (c) The maximum persons capacity in whole numbers of persons marked 
on a boat rated for motors of 2 horsepower or less must not exceed the 
value obtained by adding 32 pounds to the value determined in paragraph 
(a)(2), dividing the sum by 141, and rounding off the result to the 
nearest whole number. If the fraction is less than one-half, round down 
to the next lower whole integer and if the fraction is equal to or 
greater than one-half, round up to the next higher whole 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 in length, 
except sailboats, canoes, kayaks, and inflatable boats, that are 
designed or intended to use one or more outboard motors for propulsion.



Sec. 183.53  Horsepower capacity.

    The maximum horsepower capacity marked on a boat must not exceed the 
horsepower capacity determined by the computation method discussed in 
paragraph (a) of this section, or for certain qualifying boats, the 
performance 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 the 
maximum transom width in feet excluding handles and other similar 
fittings, attachments, and extensions. If the boat does not have a full 
transom, the transom width is the broadest beam in the aftermost quarter 
length of the boat.
    (2) Locate horsepower capacity corresponding to the factor in Table 
183.53.
    (3) For a boat with a factor over 52.5, if the horsepower capacity 
calculated in Table 183.53 is not an exact multiple of 5, it may be 
raised 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 capacity 
increment in Table 183.53.

                                 Table 183.53--Outboard Boat Horsepower Capacity
                                   [Compute: Factor=Boat LengthxTransom Width]
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 the boat    least 20[sec] transom  -------------------------------------------------
                 has                            height            For flat bottom hard
                                                                      chine boats            For other boats
----------------------------------------------------------------------------------------------------------------
Horsepower capacity is (raise to       (2xFactor) -90.........  (0.5xFactor)-15........  (0.8xFactor)-25
 nearest multiple of 5).
----------------------------------------------------------------------------------------------------------------


[[Page 912]]

    (b) For boats qualifying under this paragraph, the performance test 
method described in this paragraph may be used to determine the 
horsepower capacity.
    (1) Qualifying criteria. (i) Thirteen feet or less in length;
    (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 minimum 15 
inch transom height;
    (iv) Maximum persons capacity not over two persons;
    (2) Boat preparation. (i) The boat must be rigged with equipment 
recommended or provided by the boat and motor manufacturer and tested 
with the highest horsepower production powerplant for which the boat is 
to be rated, not to exceed 40 horsepower.
    (ii) Standard equipment must be installed in accordance with 
manufacturers' instructions.
    (iii) The lowest ratio (quickest) steering system offered on the 
boat model being tested must be installed.
    (iv) The outboard motor must be fitted with the manufacturer's 
recommended propeller providing maximum speed.
    (v) Standard permanently installed fuel tanks must be no more than 
one-half full. Boats without permanent tanks must be tested with one 
full portable tank.
    (vi) Portable tanks must be in their designated location or placed 
as far aft as possible.
    (vii) The outboard motor must be placed in the lowest vertical 
position on the transom or, if mounting instructions are provided with 
the boat, at the height recommended.
    (viii) Boat bottom, motor and propeller must be in new or almost new 
condition.

    Note: The use of the following special equipment should be 
considered because of the potential for exceeding the capabilities of 
the 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 be conducted with no 
load other than a driver who must weigh no more than 200 pounds. The 
motor trim angle must be adjusted to provide maximum full throttle speed 
short of excessive porpoising or propeller ventilation or 
``cavitation'', so that there is no loss of directional control.
    (4) Quick turn test procedure. Set throttle at a low maneuvering 
speed and steer the boat straight ahead. Turn the steering wheel 
180[deg] in the direction of least resistance in \1/2\ second or less 
and hold it at that position without changing the throttle or trim 
settings during or after the wheel change. The boat completes the 
maneuver successfully if it is capable of completing a 90[deg] turn 
without the driver losing control of the boat or reducing the throttle 
setting. Gradually increase the boat's turn entry speed incrementally 
until the boat does not complete the Quick Turn Test successfully or 
successfully completes it at maximum throttle.

    Note: It is recognized that operator skill and familiarity with a 
particular boat and motor combination will affect the test results. It 
is permissible to make a number of practice runs through the quick turn 
test at any throttle setting.

    (5) Test course method. Set throttle for 30 miles per hour boat 
speed and run the test course set up in accordance with Figure 183.53, 
passing outside the designated avoidance marker for 35 to 37.5 miles per 
hour without contacting any of the course markers. If the boat 
successfully completes this run of the test course, increase the 
throttle setting to 35 to 37.5 miles per hour boat speed and run the 
course passing outside the designated avoidance marker for that speed 
without contacting any of the course markers. If the boat successfully 
completes this run of the test course and the motor was not at full 
throttle, increase the throttle setting to 37.5 to 42.5 miles per hour 
boat speed and run the course passing outside the designated avoidance 
marker for that speed without contacting any of the course markers. If 
the boat successfully completes this run of the test course and the 
motor was not at full throttle, increase the throttle setting to 42.5 
miles per hour or more and run the course passing outside the designated 
avoidance marker for that speed without contacting any of the

[[Page 913]]

course markers. If the boat successfully completes this run of the test 
course and the motor was not at full throttle, continue to increase the 
throttle setting and run the test course passing outside the designated 
avoidance marker for 42.5 miles per hour or more until the boat fails to 
complete the test successfully or the boat completes the test course 
maneuvers successfully at full throttle. The boat successfully completes 
the test course if the driver is able to maneuver it between the 
designated avoidance markers without striking the markers and without 
losing control of the boat or reducing the throttle setting. There must 
be no change in position of any equipment on board and there must be no 
change of position of personnel in order to influence the test results. 
There must be no instability evidenced by oscillating motion in the roll 
or yaw axes exhibited while negotiating the course.

    Note: It is recognized that operator skill and familiarity with a 
particular boat and motor combination will affect the test results. It 
is therefore considered permissible to make a number of practice runs 
through the test course at any throttle setting.

    (6) Maximum horsepower capacity. (i) For boats capable of less than 
35 miles per hour, the maximum horsepower capacity must be the maximum 
horsepower with which the boat was able to successfully complete the 
Quick Turn Test Procedure in Sec. 183.53(b)(4) at full throttle or the 
maximum horsepower determined under the calculations in Sec. 183.53(a) 
of this section.
    (ii) For boats capable of 35 miles per hour or more, the maximum 
horsepower capacity must be the maximum horsepower with which the boat 
was able to successfully complete both the Quick Turn Test Procedure in 
Sec. 183.53(b)(4) and the Test Course Method in Sec. 183.53(b)(5) at 
full throttle or the calculations in Sec. 183.53(a) of this section.
    (iii) The maximum horsepower capacity determined in accordance with 
Sec. 183.53(b) must not exceed 40 horsepower.

   Figure 183.53--Boat Horsepower Capacity Test Course--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/outdrive 
boats, and airboats less than 20 feet in length, except sailboats, 
canoes, kayaks, inflatable boats, submersibles, surface effect vessels, 
amphibious vessels, and raceboats.

[CGD 75-168, 42 FR 20243, Apr. 18, 1977, as amended by USCG-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 of the 
boat above the surface of the water when the boat has been submerged in 
calm,

[[Page 914]]

fresh water for at least 18 hours and loaded with:
    (1) A weight that, when submerged, equals two-fifteenths of the 
persons capacity marked on the boat;
    (2) A weight that, when submerged, equals 25 percent of the dead 
weight; and
    (3) A weight in pounds that, when submerged, equals 62.4 times the 
volume in cubic feet of the two largest air chambers, if air chambers 
are used for flotation.
    (b) For the purpose of this section, ``dead weight'' means the 
maximum weight capacity marked on the boat minus the persons capacity 
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 inches 
measured from the lowest point in the boat where liquid can collect when 
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 other compartment 
with a 12 inch head of water on the engine room side of the bulkhead.
    Engine room bilge means the area in the engine room or a connected 
compartment below a height of 12 inches measured from the lowest point 
where liquid can collect in these compartments when the boat is in its 
static floating position.
    Engine room means the compartment where a permanently installed 
gasoline or diesel engine is installed, including connected 
compartments.
    Open to atmosphere means a compartment that has at least 15 square 
inches of open area directly exposed to the atmosphere for each cubic 
foot of net compartment volume.
    Sealed compartment means an enclosure that can resist an exterior 
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 by CGD 82-010, 48 FR 
8273, Feb. 28, 1983; CGD 85-098, 52 FR 19728, 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 in Sec. 183.114 
as listed in Table 183.114 when used in the: (1) Engine room bilge, (2) 
engine room, or (3) bilge, unless located in a sealed compartment.
    (b) Air chambers used to meet the flotation requirements of this 
subpart 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 in buoyant 
force more than 5 percent after being immersed in a fully saturated 
gasoline vapor atmosphere for 30 days at a minimum temperature of 38 
[deg]C.
    (b) 24-hour gasoline test. The flotation material must not reduce in 
buoyant force more than 5 percent after being immersed for 24 hours at 
23 plus or minus 2 [deg]C in reference fuel B, of ASTM D 471 
(incorporated by reference, see Sec. 183.5).
    (c) 30-day gasoline test. The flotation material must not reduce in 
buoyant force more than 5 percent after being immersed for 30 days at 23 
plus or minus 2 [deg]C in reference fuel B, of ASTM D 471 (incorporated 
by reference, see Sec. 183.5).
    (d) 24-hour oil test. The flotation material must not reduce in 
buoyant force more than 5 percent after being immersed for 24 hours at 
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 reduce in 
buoyant force more than 5 percent after being immersed for 30 days at 23 
plus or minus 2 [deg]C in reference oil No. 2, of ASTM D 471 
(incorporated by reference, see Sec. 183.5).

[[Page 915]]

    (f) 24-hour bilge cleaner test. The flotation material must not 
reduce in buoyant force more than 5 percent after being immersed for 24 
hours at 23 plus or minus 2 [deg]C in a 5-percent solution of trisodium 
phosphate in water.
    (g) 30-day bilge cleaner test. The flotation material must not 
reduce in buoyant force more than 5 percent after being immersed for 30 
days at 23 plus or minus 2 [deg]C in a 5-percent solution of trisodium 
phosphate in water.
    (h) The buoyant force reduction in paragraphs (a) through (g) of 
this section is measured in accordance with ASTM D 2842 (incorporated by 
reference, see Sec. 183.5).

               Table 183.114--Flotation Performance Tests
------------------------------------------------------------------------
                                                   Area 183.110
                                         -------------------------------
                                                    (c) Engine
              Test 183.114                   (b)       room
                                           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 FR 40059, June 29, 2000]



Subpart G_Flotation Requirements for Outboard Boats Rated for 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, amphibious 
vessels, and raceboats.

[CGD 75-168, 42 FR 20243, Apr. 18, 1977, as amended by USCG-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 tests 
prescribed in Sec. Sec. 183.225(a), 183.230(a), and 183.235(a).



Sec. 183.205  Passenger carrying area.

    (a) For the purpose of this section a boat is level when it is 
supported on its keel at the two points shown in Figure 2.
    (b) As used in this subpart, the term ``passenger carrying area'' 
means each area in a boat in which persons can sit in a normal 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 distance along 
the centerline of the boat between two vertical lines, one at the 
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 boats with a 
curved stem inside the passenger carrying area, the forward vertical 
line is where a line 45 degrees to the horizontal when the boat is level 
is tangent to the curve of the stem, as illustrated in Figure 5. For 
boats with cabins, the forward vertical line is where there is a minimum 
distance of two feet between the inside top of the cabin and the water 
line formed when the boat is swamped and loaded with weights under Sec. 
183.220 as illustrated in Figure 6.
    (d) The breadth of each passenger carrying area is the distance 
between two vertical lines at the mid-length, excluding consoles, of the 
passenger carrying area when the boat is level as illustrated in Figures 
7 and 8. For boats with round chines inside the passenger carrying area, 
the vertical line is where a transverse line 45 degrees to

[[Page 916]]

the horizontal is tangent to the arc of the chine, as illustrated in 
Figure 8.

[CGD 75-168, 42 FR 20243, Apr. 18, 1977, as amended by USCG-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 2 feet 
of the top surface of the hull or deck, as illustrated in Figure 9.
    (b) The aft reference area of a boat is the aft most two feet of the 
top surface of the hull or deck, as illustrated in Figure 9.



Sec. 183.215  Reference depth.

    Reference depth is the minimum distance between the uppermost 
surface of the submerged reference area of a boat and the surface of the 
water measured at the centerline of the boat, as illustrated in Figure 
10. If there is no deck surface at the centerline of the boat from which 
a measurement can be made, the reference depth is the average of two 
depth measurements made on opposite sides of, and at an equal distance 
from, the centerline of the boat.



Sec. 183.220  Preconditioning for tests.

    A boat must meet the following conditions for at least 18 hours 
before the tests required by Sec. Sec. 183.225, 183,230, and 183.235:
    (a) Manufacturer supplied permanent appurtenances such as 
windshields and convertible tops must be installed on the boat.
    (b) The boat must be loaded with a quantity of weight that, when 
submerged, is equal to the sum of the following:
    (1) The sum of 50 percent of the first 550 pounds of the persons 
capacity marked on the boat and 12\1/2\ percent of the remainder of the 
persons capacity.
    (2) Twenty-five percent of the result of the following calculation, 
but not less than zero: The maximum weight capacity marked on the boat; 
less the weight shown in Column 6 of Table 4 for maximum horsepower 
marked on the boat; less the persons capacity marked on the boat.
    (c) The weights required by paragraph (b) of this section must be 
placed in the boat so that the center of gravity of each amount of 
weight required by paragraphs (b)(1) and (b)(2) of this section is 
within the shaded area illustrated in Figure 11. The location and 
dimensions of the shaded area are as follows:
    (1) The shaded area is centered at the mid-length of the passenger 
carrying area and at the mid-breadth of the boat;
    (2) The length of the shaded area, measured along the centerline of 
the boat, is equal to 40 percent of the length of the passenger carrying 
area of the boat; and
    (3) The breadth of the shaded area, measured at the midlength of the 
passenger carrying area, is equal to 40 percent of the breadth of the 
passenger carrying area of the boat.
    (d) Weight must be placed in the normal operating position of the 
motor and controls and the battery in lieu of this equipment. The 
required quantity of weight used for this purpose depends upon the 
maximum rated horsepower of the boat being tested and is specified in 
Columns 2 and 4 of Table 4 for the swamped weight of the motor and 
controls and for the submerged weight or the battery, respectively.
    (e) Permanent fuel tanks must be filled with fuel and each external 
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 the 
inside and outside of the boat, either over the sides, through a hull 
opening, or both. Entrapped air in the flooded portion of the boat must 
be eliminated.
    (h) Water must flood the two largest air chambers and all air 
chambers integral with the hull.

[CGD 75-168, 42 FR 20243, Apr. 18, 1977, as amended by USCG-1999-5832, 
64 FR 34716, June 29, 1999]



Sec. 183.222  Flotation material and air chambers.

    (a) Flotation materials must meet the requirements in Sec. 183.114 
as listed in Table 183.114 when used in the bilge, unless located in a 
sealed compartment.

[[Page 917]]

    (b) Air chambers used to meet the flotation requirements of this 
subpart 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 in Sec. 183.220 
are met, the boat must float in fresh, calm water as follows:
    (a) The angle of heel does not exceed 10 degrees from the 
horizontal.
    (b) Any point on either the forward or aft reference area is above 
the surface of the water.
    (c) The reference depth at the reference area that is opposite the 
reference area that is above the surface of the water is 6 inches or 
less.



Sec. 183.230  Stability test.

    (a) Flotation standard. When the conditions prescribed in Sec. 
183.220 (a), (d) through (h) and paragraphs (b) and (c) of this section 
are met, the boat must float in fresh, calm water as follows:
    (1) The angle of heel does not exceed 30 degrees from the 
horizontal.
    (2) Any point on either the forward or aft reference area is above 
the surface of the water.
    (3) The reference depth at the reference area that is opposite the 
reference area that is above the surface of the water is 12 inches or 
less.
    (b) Quantity of weight used. Load the boat with a quantity of weight 
that, when submerged, is equal to the sum of the following:
    (1) One-half of the quantity of weight required by Sec. 
183.220(b)(1).
    (2) The quantity of weight required by Sec. 183.220(b)(2).
    (c) Placement of quantity of weight: starboard side. Place the 
weight required by paragraph (b) of this section in the boat so that:
    (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 by Sec. 183.220(b)(1) 
is uniformly distributed over a distance along the outboard perimeter of 
the starboard side of the passenger carrying area that is equal to at 
least 30 percent of the length of the passenger carrying area so that 
the center of gravity of the quantity of weight is located within the 
shaded area illustrated in Figure 12, the center of gravity of the 
amount of weight placed on the floor of the boat is at least 4 inches 
above the floor, and the center of gravity of the amount of weight 
placed on a seat is at least 4 inches above the seat. The location and 
dimensions of the shaded area are as follows:
    (i) The shaded area is centered at the mid-length of the passenger 
carrying area;
    (ii) The length of the shaded area is equal to 70 percent of the 
length 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 the 
passenger carrying area; and
    (B) For weights placed on a seat, a vertical line inside the 
passenger carrying area as illustrated in Figure 13.
    (d) Placement of quantity of weight: port side. The quantity of 
weight required by paragraph (b)(1) of this section is placed along the 
port side of the passenger carrying area in accordance with the 
conditions 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 as follows:
    (a) The angle of heel does not exceed 10 degrees from the 
horizontal.
    (b) Any point on either the forward or aft reference area is above 
the surface of the water.
    (c) The reference depth at the reference area that is opposite the 
reference area that is above the surface of the water is 6 inches or 
less.

[CGD 77-145, 43 FR 56859, Dec. 4, 1978, as amended by USCG-1999-5832, 64 
FR 34716, June 29, 1999]

[[Page 918]]



Subpart H_Flotation Requirements for Outboard Boats Rated for 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 2 horsepower 
or less.
    (b) This subpart does not apply to sailboats, canoes, kayaks, 
inflatable boats, submersibles, surface effect vessels, amphibious 
vessels, and raceboats.

[CGD 75-168, 42 FR 20245, Apr. 18, 1977, as amended by USCG-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 tests 
prescribed in Sec. Sec. 183.325(a), 183.330(a), and 183.335(a).



Sec. 183.305  Passenger carrying area.

    (a) For the purpose of this section, a boat is level when it is 
supported on its keel at the two points shown in Figure 2.
    (b) As used in this subpart, the term ``passenger carrying area'' 
means each area in a boat in which persons can sit in a normal 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 distance along 
the centerline of the boat between two vertical lines, one at the 
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 boats with a 
curved stem inside the passenger carrying area, the forward vertical 
line is where a line 45 degrees to the horizontal when the boat is level 
is tangent to the curve of the stem, as illustrated in Figure 5. For 
boats with cabins, the forward vertical line is where there is a minimum 
distance of two feet between the inside top of the cabin and the water 
line formed when the boat is swamped and loaded with weights under Sec. 
183.320 as illustrated in Figure 6.
    (d) The breadth of the passenger carrying area is the distance 
beteen two vertical lines at the mid-length, excluding consoles, of the 
passenger carrying area when the boat is level as illustrated in Figures 
7 and 8. For boats with round chines inside the passenger carrying area, 
the vertical line is where a transverse line 45 degrees to the 
horizontal is tangent to the arc of the chine, as illustrated in 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 feet 
of 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 of the 
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 uppermost 
surface of the submerged reference area of a boat and the surface of the 
water measured at the centerline of the boat, as illustrated in Figure 
10. If there is no deck surface at the centerline of the boat from which 
a measurement can be made, the reference depth is the average of two 
depth measurements made on opposite sides of, and at an equal distance 
from, the centerline of the boat.



Sec. 183.320  Preconditioning for tests.

    A boat must meet the following conditions for at least 18 hours 
before the tests required by Sec. Sec. 183.325, 183.330, and 183.335:
    (a) Manufacturer supplied permanent appurtenances such as 
windshields, and convertible tops must be installed on the boat.
    (b) The boat must be loaded with a quantity of weight that, when 
submerged, is equal to the sum of the following:

[[Page 919]]

    (1) Two-fifteenths of the persons capacity marked on the boat.
    (2) Twenty-five percent of the result of the following calculation, 
but not less than zero: the maximum weight capacity marked on the boat; 
less the weight shown in column 6 of Table 4 for the maximum horsepower 
marked on the boat; less the persons capacity marked on the boat.
    (c) The weights required by paragraph (b) of this section are placed 
in the boat so that the center of gravity of each amount of weight 
required by paragraphs (b)(1) and (b)(2) of this section is within the 
shaded area illustrated in Figure 11. The location and dimensions of the 
shaded area are as follows:
    (1) The shaded area is centered at the mid-length of the passenger 
carrying area and at the mid-breadth of the boat;
    (2) The length of the shaded area, measured along the centerline of 
the boat, is equal to 40 percent of the length of the passenger carrying 
area of the boat; and
    (3) The breadth of the shaded area, measured at the mid-length of 
the passenger carrying area, is equal to 40 percent of the breadth of 
the passenger carrying area of the boat.
    (d) Weight must be placed in the normal operating position of the 
motor and controls in lieu of this equipment. The quantity of weight 
used for this purpose depends upon the maximum rated horsepower of the 
boat being tested and is specified in Column 2 of Table 4 for the 
swamped weight of the motor and controls.
    (e) Permanent fuel tanks must be filled with fuel and each external 
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 the 
inside and the outside of the boat, either over the sides, through a 
hull opening, or both. Entrapped air in the flooded portion of the boat 
must be eliminated.



Sec. 183.322  Flotation materials.

    (a) Flotation materials must meet the requirements in Sec. 183.114 
as listed in Table 183.114 when used in the bilge, 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 in Sec. 183.320 
are met, the boat must float in fresh, calm water as follows:
    (a) The angle of heel does not exceed 10 degrees from the 
horizontal.
    (b) Any point on either the forward or aft reference area is above 
the surface of the water.
    (c) The reference depth at the reference area that is opposite the 
reference area that is above the surface of the water is 6 inches or 
less.



Sec. 183.330  Stability test.

    (a) Flotation standard. When the conditions prescribed in Sec. 
183.320 (a), (d) through (g) and paragraphs (b) and (c) of this section 
are met, the boat must float in fresh, calm water as follows:
    (1) The angle of heel does not exceed 30 degrees from the 
horizontal.
    (2) Any point on either the forward or aft reference area is above 
the surface of the water.
    (3) The reference depth at the reference area that is opposite the 
reference area that is above the surface of the water is 12 inches or 
less.
    (b) Quantity of weight used. Load the boat with quantity of weight 
that, when submerged, is equal to the sum of the following:
    (1) One-half the quantity of weight required by Sec. 183.320(b)(1).
    (2) The quantity of weight required by Sec. 183.320(b)(2).
    (c) Placement of quantity of weight: starboard side. Place the 
quantity of weight required by paragraph (b) of this section in the 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 by Sec. 183.320(b)(1) 
is uniformly distributed over a distance along the outboard perimeter of 
the starboard side of the passenger carrying area that is equal to at 
least 30 percent of

[[Page 920]]

the length of the passenger carrying area so that the center of gravity 
of the quantity of weight is located within the shaded area illustrated 
in Figure 12, the center of gravity of the amount of weight placed on 
the floor of the boat is at least 4 inches above the floor and the 
center of gravity of the amount of weight placed on a seat is at least 4 
inches above the seat. The location and dimensions of the shaded area 
are as follows:
    (i) The shaded area is centered at the mid-length of the passenger 
carrying area;
    (ii) The length of the shaded area is equal to 70 percent of the 
length 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 the 
passenger carrying area; and
    (b) For weights placed on a seat, a vertical line inside the 
passenger carrying area as illustrated in Figure 13.
    (d) Placement of quantity of weight: port side. The quantity of 
weight required by paragraph (b)(1) of this section is placed along the 
port side of the passenger carrying area in accordance with the 
conditions 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 as follows:
    (a) The angle of heel does not exceed 10 degrees from the 
horizontal.
    (b) Any point on either the forward or aft reference area is above 
the surface of the water.
    (c) The reference depth at the reference area that is opposite the 
reference area that is above the surface of the water is 6 inches or 
less.

[CGD 75-168, 42 FR 20245, Apr. 18, 1977, as amended by USCG-1999-5832, 
64 FR 34716, June 29, 1999]



  Sec. Table 4 to Subpart H of Part 183--Weights (Pounds) of Outboard 

     Motor and Related Equipment for 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 921]]



                  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 922]]

    (b) [Reserved]

[CGD 73-217, 42 FR 5944, Jan. 31, 1977, as amended by CGD 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, but not 
limited to, conductors, solenoids, motors, generators, alternators, 
distributors, resistors, appliances and electrical control devices.
    Pigtails means external power conductors or wires that are part of 
electrical components and appliances, such as bilge pumps, blowers, 
lamps, switches, solenoids, and fuses.
    Sheath means a material used as a continuous protective covering, 
such as electrical tape, molded rubber, molded plastic, or flexible 
tubing, around one or more insulated conductors.

[CGD 73-217, 42 FR 5944, Jan. 31, 1977, as amended by CGD 85-098, 52 FR 
19728, May 27, 1987; CGD 96-026, 61 FR 33670, June 28, 1996]



Sec. 183.405  General.

    Each electrical component on a boat to which this subpart applies 
must meet the requirements of this subpart unless the component is part 
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 and air 
mixture that is 4.25 to 5.25 percent propane gas by volume surrounding 
the electrical component when it is operated at each of its manufacturer 
rated voltages and current loadings, unless it is isolated from gasoline 
fuel sources, such as engines, and valves, connections, or other 
fittings in vent lines, fill lines, distribution lines or on fuel tanks, 
in accordance with paragraph (b) of this section.
    (b) An electrical component is isolated from a gasoline fuel source 
if:
    (1) A bulkhead that meets the requirements of paragraph (c) of this 
section is between the electrical component and the gasoline fuel 
source;
    (2) The electrical component is:
    (i) Lower than the gasoline fuel source and a means is provided to 
prevent fuel and fuel vapors that may leak from the gasoline fuel source 
from becoming exposed to the electrical component; or
    (ii) Higher than the gasoline fuel source and a deck or other 
enclosure is between it and the gasoline fuel source; or
    (3) The space between the electrical component and the gasoline fuel 
source is at least two feet and the space is open to the atmosphere.
    (c) Each bulkhead required by paragraph (b)(1) of this section must:
    (1) Separate the electrical component from the gasoline fuel source 
and extend both vertically and horizontally the distance of the open 
space between the fuel source and the ignition source;
    (2) Resist a water level that is 12 inches high or one-third of the 
maximum height of the bulkhead, whichever is less, without seepage of 
more than one-quarter fluid ounce of fresh water per hour; and
    (3) Have no opening located higher than 12 inches or one-third the 
maximum height of the bulkhead, whichever is less, unless the opening is 
used for the passage of conductors, piping, ventilation ducts, 
mechanical equipment, and similar items, or doors, hatches, and access 
panels, and the maximum annular space around each item or door, hatch or 
access panel must not be more than one-quarter inch.



Sec. 183.415  Grounding.

    If a boat has more than one gasoline engine, grounded cranking motor 
circuits must be connected to each other by a common conductor circuit 
that can carry the starting current of each of the grounded cranking 
motor circuits.



Sec. 183.420  Batteries.

    (a) Each installed battery must not move more than one inch in any 
direction when a pulling force of 90 pounds or twice the battery weight, 
whichever is less, is applied through the center of gravity of the 
battery as follows:
    (1) Vertically for a duration of one minute.

[[Page 923]]

    (2) Horizontally and parallel to the boat's center line for a 
duration of one minute fore and one minute aft.
    (3) Horizontally and perpendicular to the boat's center line for a 
duration of one minute to starboard and one minute to port.
    (b) Each battery must be installed so that metallic objects cannot 
come in contact with the ungrounded battery terminals.
    (c) Each metallic fuel line and fuel system component within 12 
inches and above the horizontal plane of the battery top surface as 
installed 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 the 
discharge from the boat of hydrogen gas released by the battery.
    (f) [Reserved]
    (g) Each battery terminal connector must not depend on spring 
tension for its mechanical connection to the terminal.

[CGD 73-217, 42 FR 5944, Jan. 31, 1977, as amended by CGD 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 a 
current greater than that specified in Table 5 for the conductor's gauge 
and temperature rating.
    (c) For conductors in engine spaces, amperages must be corrected by 
the appropriate correction factor in note 1 of Table 5.
    (d) Each conductor in a multiconductor sheath must be at least a No. 
18 AWG conductor.
    (e) Each conductor installed separately must be at least a No. 16 
AWG conductor.
    (f) Each No. 18 AWG conductor in a multiconductor sheath may not 
extend out of the sheath more than 30 inches.
    (g) This section does not apply to communications systems; 
electronic navigation equipment; electronic circuits having a current 
flow of less than one ampere; conductors which are totally inside an 
equipment housing; resistance conductors that control circuit amperage; 
high voltage secondary conductors and terminations that are in ignition 
systems; pigtails of less than seven inches of exposed length and 
cranking motor conductors.

                                    Table 5--Allowable Amperage of Conductors
----------------------------------------------------------------------------------------------------------------
                                                       Temperature rating of conductor insulation
                                       -------------------------------------------------------------------------
                                                       75        80        90        105       125
         Conductor size (AWG)            60 [deg]C   [deg]C    [deg]C    [deg]C    [deg]C    [deg]C   200 [deg]C
                                           (140       (167      (176      (194      (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        90       105       125  200 [deg]C
                                                      [deg]C    [deg]C    [deg]C    [deg]C    [deg]C
                                              (140      (167      (176      (194      (221      (257        (392
                                           [deg]F)   [deg]F)   [deg]F)   [deg]F)   [deg]F)   [deg]F)     [deg]F)
  Temperature rating of conductor.....        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 924]]

 
    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 less 
than 50 volts must:
    (1) Meet the requirements of Sec. 183.435; or
    (2) Meet:
    (i) The insulating material temperature rating requirements of SAE 
Standard 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 control circuit 
amperage; and pigtails of less than seven inches of exposed length.

[CGD 73-217, 42 FR 5944, Jan. 31, 1977, as amended by CGD 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 50 
volts or more must be:
    (1) A conductor that has insulation listed and classified moisture 
resistant and flame retardant in Article 310, NFPA No. 70, National 
Electric Code;
    (2) A flexible cord type SO, STO, ST, SJO, SJT, or SJTO listed in 
Article 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 more 
current carrying conductors in a duct, bundle, or cable is 50 volts or 
more, the amperages of each of those conductors must not exceed the 
value in table 5 multiplied by the correction factor in note 2 to Table 
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 control circuit 
amperage; conductors in secondary circuits of ignition systems; 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 system must 
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 by USCG-1999-5832, 64 
FR 34716, June 29, 1999]



Sec. 183.445  Conductors: Protection.

    (a) Each conductor or group of conductors that passes through a 
bulkhead, structural member, junction box, or other rigid surface must 
be protected from abrasion.
    (b) Each ungrounded terminal or stud that is continuously energized 
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 protected by 
a

[[Page 925]]

manually reset, tripfree circuit breaker or fuse.
    (b) A manually reset, trip-free circuit breaker or fuse must be 
placed at the source of power for each circuit or conductor except:
    (1) If it is physically impractical to place the circuit breaker or 
fuse at the source of power, it may be placed within seven inches of the 
source of power for each circuit or conductor measured along the 
conductor.
    (2) If it is physically impractical to place the circuit breaker or 
fuse at or within seven inches of the source of power, it may be placed 
within 40 inches of the source of power for each circuit or conductor, 
measured along the conductor, if the conductor is contained throughout 
its entire distance between the source of power and the required circuit 
breaker or fuse in a sheath or enclosure such as a junction box, control 
box, or enclosed panel.
    (c) The current rating of each circuit breaker or fuse must not 
exceed:
    (1) For circuits of less than 50 volts, 150% of the value of the 
amperage in Table 5 for the conductor size it is protecting; and
    (2) For circuits of 50 volts or more, the value of the amperage in 
Table 5 for the conductor size it is protecting. If this value does not 
correspond to a standard size or rated circuit breaker or fuse the next 
larger size or rated circuit breaker or fuse may be used if it does not 
exceed 150% of the allowed current capacity of the conductor.
    (d) The voltage rating of each circuit breaker or fuse must not be 
less than the nominal circuit voltage of the circuit it is protecting.
    (e) This section does not apply to resistance conductors that 
control circuit amperage; conductors in secondary circuits of ignition 
systems; pigtails of less than seven inches of exposed length; and power 
supply conductors in cranking motor circuits.

[CGD 73-217, 42 FR 5944, Jan. 31, 1977, as amended by CGD 78-090, 44 FR 
68466, Nov. 29, 1979]



Sec. 183.460  Overcurrent protection: Special applications.

    (a) Each ungrounded output conductor from a storage battery must 
have a manually reset, trip-free circuit breaker or fuse, unless the 
output conductor is in the main power feed circuit from the battery to 
an engine cranking motor. The circuit breaker or fuse must be within 72 
inches of the battery measured along the conductor, unless, for boats 
built prior to August 1, 1985, the circuit has a switch that disconnects 
the battery.
    (b) Each ungrounded output conductor from an alternator or 
generator, except for self-limiting alternators or generators, must have 
a circuit breaker or fuse that has a current rating that does not exceed 
120 percent of the maximum rated current of the alternator or generator 
at 60 [deg]C.

[CGD 73-217, 42 FR 5944, Jan. 31, 1977, as amended by CGD 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 by CGD 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 prevents passage 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 boat floats 
in calm water, with each fuel tank filled to its rated capacity, but 
with no person or item of portable equipment on board.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended by CGD 85-098, 52 FR 
19728, May 27, 1987]

[[Page 926]]



Sec. 183.507  General.

    Each fuel system component on a boat to which this subpart applies 
must meet the requirements of this subpart unless the component is part 
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 its 
manufacturer under Sec. 183.580 and not leak when subjected to the 
pressure marked on the tank label under Sec. 183.514(b)(5).
    (b) Each fuel tank must not leak if subjected to the fire test under 
Sec. 183.590. Leakage is determined by the static pressure test under 
Sec. 183.580, except that the test pressure must be at least one-fourth 
PSIG.
    (c) Each fuel tank of less than 25 gallons capacity must not leak if 
tested under Sec. 183.584.
    (d) Each fuel tank with a capacity of 25 to 199 gallons must not 
leak if tested under Sec. 183.586.
    (e) Each fuel tank of 200 gallons capacity or more must not leak if 
tested under Sec. Sec. 183.586 and 183.588.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended by CGD 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 the 
inside and outside of the tank, a fuel tank must not be constructed from 
black iron or carbon steel.
    (c) A fuel tank encased in cellular plastic or in fiber reinforced 
plastic 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 requirements of 
paragraphs (b) through (d) of this section.
    (b) Each label required by paragraph (a) of this section must 
contain 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 without leaking.
    (6) Model number, if applicable.
    (7) The statement, ``This tank has been tested under 33 CFR 
183.510(a).''
    (8) If the tank is tested under Sec. 183.584 at less than 25g 
vertical accelerations the statement, ``Must be installed 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 on the 
label.
    (d) Each label must:
    (1) Withstand the combined effects of exposure to water, oil, salt 
spray, direct sunlight, heat, cold, and wear expected in normal 
operation of the boat, without loss of legibility; and
    (2) Resist efforts to remove or alter the information on the label 
without leaving some obvious sign of such efforts.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended by CGD 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 after 
being immersed in any of the following liquids for 24 hours at 29 
[deg]C:
    (i) Reference fuel B ASTM D 471 (incorporated by reference, see 
Sec. 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 of cut 
surface, measure under Military Specification MIL P-21929B.
    (b) Non-polyurethane cellular plastic used to encase metallic fuel 
tanks must have a compressive strength of at least 60 pounds per square 
inch at ten percent deflection measured under

[[Page 927]]

ASTM D 1621 (incorporated by reference, see Sec. 183.5), ``Compressive 
Strength of Rigid Cellular Plastics''.
    (c) Polyurethane cellular plastic used to encase metallic fuel tanks 
must have a density of at least 2.0 pounds per cubic foot, measured 
under ASTM D 1622 (incorporated by reference, see Sec. 183.5), 
``Apparent Density of Rigid Cellular Plastics.''

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended by CGD 77-98, 42 FR 
36253, July 14, 1977; CGD 81-092, 48 FR 55737, Dec. 15, 1983; USCG-2000-
7223, 65 FR 40059, June 29, 2000]



Sec. 183.518  Fuel tank openings.

    Each opening into the fuel tank must be at or above the topmost 
surface of the tank.



Sec. 183.520  Fuel tank vent systems.

    (a) Each fuel tank must have a vent system that prevents pressure in 
the tank from exceeding 80 percent of the pressure marked on the tank 
label under Sec. 183.514(b)(5).
    (b) Each vent must:
    (1) Have a flame arrester that can be cleaned unless the vent is 
itself a flame arrestor; and
    (2) Not allow a fuel overflow at the rate of up to two gallons per 
minute to enter the boat.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended by CGD 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 the 
primary diaphragm fails.
    (b) Each electrically operated fuel pump must not operate except 
when the engine is operating or when the engine is started.
    (c) If tested under Sec. 183.590, each fuel pump, as installed in 
the boat, must not leak more than five ounces of fuel in 2\1/2\ minutes, 
inclusive of leaks from fuel line, fuel filter and strainer.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended by CGD 77-98, 42 FR 
36253, July 14, 1977]



Sec. 183.526  Carburetors.

    (a) [Reserved]
    (b) Each carburetor must not leak more than five cubic centimeters 
of 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 by 
its manufacturer.
    (c) Each updraft and horizontal draft carburetor must have a device 
that:
    (1) Collects and holds fuel that flows out of the carburetor venturi 
section toward the air intake;
    (2) Prevents collected fuel from being carried out of the carburetor 
assembly by the shock wave of a backfire or by reverse air flow; and
    (3) Returns collected fuel to the engine induction system after the 
engine starts,

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended by CGD 77-98, 42 FR 
36253, July 14, 1977]



Sec. 183.528  Fuel stop valves.

    (a) Each electrically operated fuel stop valve in a fuel line 
between 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 under Sec. 183.590, 
a fuel stop valve installed in a fuel line system requiring metallic 
fuel lines or ``USCG Type A1'' hose must not leak fuel.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended by CGD 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 hose 
fitting used with hose clamps must have:
    (a) A bead;
    (b) A flare; or
    (c) A series of annular grooves or serrations no less than 0.015 
inches deep, except a continuous helical thread, knurl, or groove.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended by USCG-1999-5832, 64 
FR 34716, June 29, 1999]

[[Page 928]]



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 under Sec. 183.590, 
a hose clamp installed on a fuel line system requiring metallic fuel 
lines or ``USCG Type A1'' hose must not separate under a one pound 
tensile force.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended by CGD 85-098, 52 FR 
19728, May 27, 1987]



Sec. 183.534  Fuel filters and strainers.

    If tested under Sec. 183.590, each fuel filter and strainer, as 
installed in the boat, must not leak more than five ounces of fuel in 
2\1/2\ minutes inclusive of leaks from the fuel pump and 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 and strainer 
must not leak when subjected for 24 hours to a gasoline that has at 
least a 50 percent aromatic content at the test pressure marked on 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 fuel inlet 
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 wall 
thickness of 0.029 inches.



Sec. 183.540  Hoses: Standards and markings.

    (a) ``USCG Type A1'' hose means hose that meets the performance 
requirements of:
    (1) SAE Standard J1527DEC85, Class 1 and the fire test in Sec. 
183.590; or
    (2) Underwriters' Laboratories, Inc. (UL) Standard 1114.
    (b) ``USCG Type A2'' hose means hose that meets the performance 
requirements of SAE Standard J1527DEC85, Class 2 and the fire test in 
Sec. 183.590;
    (c) ``USCG Type B1'' hose means hose that meets the performance 
requirements of SAE Standard J1527DEC85, Class 1.
    (d) ``USCG Type B2'' hose means hose that meets the performance 
requirements of SAE Standard J1527DEC85, Class 2.

    Note: SAE Class 1 hose has a permeation rating of 100 grams or 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 fuel 
loss per square meter of interior surface in 24 hours.

    (e) Each ``USCG Type A1,'' ``USCG Type A2,'' ``USCG Type B1,'' and 
``USCG Type B2'' hose must be identified by the manufacturer by a 
marking on the hose.
    (f) Each marking must contain the following information in English:
    (1) The statement ``USCG TYPE (insert A1 or A2 or B1 or B2).''
    (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 that 
are at least one eighth-inch high.
    (h) Each marking must be permanent, legible, and on the outside of 
the 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 boat 
manufacturer and not leak when subjected to the greater of the following 
pressures:
    (1) Three pounds per square inch; or
    (2) One and one-half times the pressure created in the lowest part 
of the fuel system when it is filled to the level of overflow with fuel.
    (b) The test pressure shall be obtained with air or inert gas.

[CGD 81-092, 48 FR 55737, Dec. 15, 1983]

[[Page 929]]

                        Manufacturer Requirements



Sec. 183.550  Fuel tanks: Installation.

    (a) Each fuel tank must not be integral with any boat structure or 
mounted on an engine.
    (b) Each fuel tank must not move at the mounting surface more than 
onefourth inch in any direction.
    (c) Each fuel tank must not support a deck, bulkhead, or other 
structural component.
    (d) Water must drain from the top surface of each metallic fuel tank 
when the boat is in its static floating position.
    (e) Each fuel tank support, chock, or strap that is not integral 
with a metallic fuel tank must be insulated from the tank surface by a 
nonmoisture absorbing material.
    (f) Cellular plastic must not be the sole support for a metallic 
fuel tank.
    (g) If cellular plastic is the sole support of a non-metallic fuel 
tank, the cellular plastic must meet the requirements of Sec. 183.516 
(b) or (c).
    (h) Each fuel tank labeled under Sec. 183.514(b)(8) for 
installation aft of the boat's half length must be installed with its 
center of gravity aft of the boat's half length.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended by CGD 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 fiber 
reinforced plastic must have the connections, fittings, and labels 
accessible for inspection and maintenance.
    (b) If a metallic fuel tank is encased in cellular plastic or in 
fiber reinforced plastic, water must not collect between the plastic and 
the surface of the tank or be held against the tank by capillary action.
    (c) If the plastic is bonded to the surface of a metallic fuel tank, 
the adhesive strength of the metal to the plastic bond must exceed the 
cohesive strength of the plastic.



Sec. 183.554  Fittings, joints, and connections.

    Each fuel system fitting, joint, and connection must be arranged so 
that it can be reached for inspection, removal, or maintenance without 
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 a 
tapered pipethread or be a screw type fitted with a locking device other 
than a split lock washer.



Sec. 183.558  Hoses and connections.

    (a) Each hose used between the fuel pump and the carburetor must be 
``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\ minutes when:
    (A) The hose is severed at the point where maximum drainage of fuel 
would occur,
    (B) The boat is in its static floating position, and
    (C) The fuel system is filled to the capacity market on the tank 
label under Sec. 183.514(b)(3).
    (2) From the fuel tank to the fuel inlet connection on the engine 
must be:
    (i) ``USCG Type A1''; or
    (ii) ``USCG Type B1'' if no more than five ounces of fuel is 
discharged in 2\1/2\ minutes when:
    (A) The hose is severed at the point where maximum drainage of fuel 
would occur,
    (B) The boat is in its static floating position, and
    (C) The fuel system is filled to the capacity marked on the tank 
label 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 minor 
outside diameter of the connecting spud,

[[Page 930]]

pipe, or fitting by more than the distance shown in Table 8.

                                 Table 8
If minor outside diameter of the            The inside diameter of the
 connecting spud, pipe, or fitting is--      hose must not exceed the
                                             minor outside diameter of
                                             the connecting spud, pipe,
                                             or hose fitting by more
                                             than 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 by CGD 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 inlet 
connection on the engine, a hose between the fuel pump and the 
carburetor, 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 the mating 
spud, pipe, or hose fitting; and
    (d) Not depend solely on the spring tension of the clamp for 
compressive force.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended by CGD 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 structure 
must be connected to the engine by a flexible fuel line.
    (b) Each metallic fuel line must be attached to the boat's structure 
within four inches of its connection to a flexible fuel line.



Sec. 183.564  Fuel tank fill system.

    (a) Each fuel fill opening must be located so that a gasoline 
overflow of up to five gallons per minute for at least five seconds will 
not enter the boat when the boat is in its static floating position.
    (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 on 
the spring tension of the clamps for compressive force.
    (c) Each hose clamp in the tank fill system must be used with a hose 
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 by CGD 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 inches 
of the engine, unless it is a fuel pump used to transfer fuel between 
tanks.



Sec. 183.568  Anti-siphon protection.

    Each fuel line from the fuel tank to the fuel inlet connection on 
the carburetor must:
    (a) Be above the level of the tank top; or
    (b) Have an anti-siphon device or an electrically operated fuel stop 
valve:
    (1) At the tank withdrawal fitting; or
    (2) Installed so the line from the fuel tank is above the top of the 
tank; or
    (c) Provided that the fuel tank top is below the level of the 
carburetor inlet, be metallic fuel lines meeting the construction 
requirements 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 readily 
accessible for operation from outside of the compartment, and
    (2) If the length of fuel line from the tank outlet to the engine 
inlet is greater than 12 feet, a manual shutoff valve shall be installed 
at the fuel inlet connection to the engine.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended by CGD 81-092, 48 FR 
55737, Dec. 15, 1983; CGD 85-098, 52 FR 19729, May 27, 1987]



Sec. 183.570  Fuel filters and strainers: Installation.

    Each fuel filter and strainer must be supported on the engine or 
boat structure independent from its fuel line connections, unless the 
fuel filter or strainer is inside a fuel tank.

[[Page 931]]



Sec. 183.572  Grounding.

    Each metallic component of the fuel fill system and fuel tank which 
is in contact with fuel must be statically grounded so that the 
resistance between the ground and each metallic component of the fuel 
fill 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 in the 
following order:
    (a) Fill the tank with air or inert gas to the pressure marked on 
the tank label under Sec. 183.514(b)(5).
    (b) Examine each tank fitting and seam for leaks using a leak 
detection method other than the pressure drop method.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended by CGD 81-092, 48 FR 
55737, Dec. 15, 1983]



Sec. 183.584  Shock test.

    A fuel tank is tested by performing the following procedures in the 
following order:
    (a) Perform the static pressure test under Sec. 183.580.
    (b) If the tank is non-metallic, fill it to capacity with a gasoline 
that has at least a 50 percent aromatic content. Keep the fuel 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 inches of 
the center of the horizontal mounting surface of the tank. The duration 
of each vertical acceleration pulse is measured at the base of 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 cycles of 
25g vertical accelerations at a rate of 80 cycles or less per minute. 
The duration of the acceleration pulse must be between 6 and 14 
milliseconds.
    (2) If the tank is manufactured for installation with its center of 
gravity aft of the half length of the boat, apply 1000 cycles of 15g 
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 by USCG-1999-5832, 64 
FR 34716, June 29, 1999]



Sec. 183.586  Pressure impulse test.

    A fuel tank is tested by performing the following procedures in the 
following order:
    (a) Perform the static pressure test under Sec. 183.580.
    (b) If the tank is non-metallic, fill it to capacity with a gasoline 
that has at least a 50 percent aromatic content. Keep the fuel 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 more 
than 15 impulses per minute varying from zero to three PSIG to zero 
inside the tank top from a regulated source of air, inert gas, or water.
    (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 in the 
following order:
    (a) Perform the static pressure test under Sec. 183.580.
    (b) Perform the pressure impulse test under Sec. 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 side 
of the tank centerline at the rate of 15 to 20 cycles a minute. The axis 
of rotation of the rocker and fuel tank must be perpendicular to the 
centerline of the tank length at a level six inches or less above or 
below the tank's bottom.

[[Page 932]]

    (g) Perform the static pressure test under Sec. 183.580.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended by USCG-1999-5832, 64 
FR 34716, June 29, 1999]



Sec. 183.590  Fire test.

    (a) A piece of equipment is tested under the following conditions 
and procedures:
    (1) Fuel stop valves, ``USCG Type A1'' or USCG Type A2'' hoses and 
hose clamps are tested in a fire chamber.
    (2) Fuel filters, strainers, and pumps are tested in a fire chamber 
or as installed on the engine in the boat.
    (3) Fuel tanks must be tested filled with fuel to one-fourth the 
capacity marked on the tank in a fire chamber or in an actual or 
simulated hull section.
    (b) Each fire test is conducted with free burning heptane and the 
component 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 at 
least 648 [deg]C sometime during the 2\1/2\ minute test;
    (2) The surface of the heptane must be 8 to 10 inches below the 
component being tested; and
    (3) The heptane must be in a container that is large enough to 
permit the perimeter of the top surface of the heptane to extend beyond 
the vertical projection of the perimeter of the component being tested.
    (d) If the component is being tested as installed on an engine, 
heptane sufficient to burn 2\1/2\ minutes must be poured over the 
component and allowed to run into a flat bottomed pan under the engine. 
The pan must be large enough to permit the perimeter of the top surface 
of the heptane to extend beyond the vertical projection of the perimeter 
of the engine.
    (e) If a fuel tank is being tested in an actual or simulated hull 
section, the actual or simulated hull section must be of sufficient size 
to contain enough heptane to burn for 2\1/2\ minutes in a place adjacent 
to the tank.

[CGD 74-209, 42 FR 5950, Jan. 31, 1977, as amended by CGD 77-98, 42 FR 
36253, July 14, 1977; CGD 85-098, 52 FR 19729, 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 for 
electrical 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 that has at least 15 
square inches of open area directly exposed to the atmosphere for each 
cubic foot of net compartment volume.

[CGD 76-082, 44 FR 73027, Dec. 17, 1979, as amended by CGD 85-098, 52 FR 
19729, May 27, 1987]



Sec. 183.607  Incorporation by reference.

    (a) The following standards are incorporated by reference. Copies 
may be obtained from the sources indicated. They are also available for 
inspection at Coast Guard Headquarters, 2100 2nd St., SW., Stop 7000, 
Washington, DC 20593-7000 and at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal--register/code--of--federal--regulations/ibr--locations.html.
    (1) AMCA Standard 210-74, Figure 12. Air Moving and Conditioning 
Association, 30 West University Drive, Arlington Heights, Illinois 
60004.
    (2) ASTM Standard D 471. American Society for Testing and Materials, 
100 Barr Harbor Drive, West Conshohocken, PA 19428-2959.
    (3) UL Standard 1128, Underwriters Laboratories, Incorporated, 12 
Laboratory Drive, Research Triangle Park, NC 27709-3995.
    (b) The Director of the Federal Register approved the incorporation 
by reference in paragraph (a)(2) on September 26, 1976 and the 
incorporations

[[Page 933]]

in paragraphs (a) (1) and (3) on March 24, 1978.

[CGD 76-082, 44 FR 73027, Dec. 17, 1979, as amended by CGD 82-010, 48 FR 
8273, Feb. 28, 1983; USCG-2000-7223, 65 FR 40059, June 29, 2000; 69 FR 
18803, Apr. 9, 2004; USCG-2010-0351, 75 FR 36288, June 25, 2010]



Sec. 183.610  Powered ventilation system.

    (a) Each compartment in a boat that has a permanently installed 
gasoline 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 at 
an air flow capacity not less than that computed by the formulas given 
in Table 183.610, Column 2. Blower rating must be determined according 
to 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 and compartments 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) of this 
section must exhaust air from the boat at a rate which meets the 
requirements of Table 183.610, Column 3 when the engine is not 
operating.
    (d) Each intake duct for an exhaust blower must be in the lower one-
third of the compartment and above the normal level of accumulated bilge 
water.
    (e) More than one exhaust blower may be used in combination to meet 
the requirements of this section.
    (f) Each boat that is required to have an exhaust blower must have a 
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 STARTING ENGINE OPERATE 
BLOWER FOR 4 MINUTES AND CHECK ENGINE COMPARTMENT BILGE FOR GASOLINE 
VAPORS.



Sec. 183.620  Natural ventilation system.

    (a) Except for compartments open to the atmosphere, a natural 
ventilation system that meets the requirements of Sec. 183.630 must be 
provided for each compartment in a boat that:
    (1) Contains a permanently installed gasoline engine;
    (2) Has openings between it and a compartment that requires 
ventilation, where the aggregate area of those openings exceeds 2 
percent of the area between the compartments, except as provided in 
paragraph (c) of this section;
    (3) Contains a permanently installed fuel tank and an electrical 
component that is not ignition protected in accordance with Sec. 
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 of fuel 
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 24 hours.
    Note: Reference fuel ``C'' at 40 degrees Celsius plus or minus 2 
degrees Celsius from ASTM standard D 471 (incorporated by reference, see 
Sec. 183.5) is to be used in determining the permeability rate.
    (b) Each supply opening required in Sec. 183.630 must be located on 
the exterior surface of the boat.
    (c) An accommodation compartment above a compartment requiring 
ventilation that is separated from the compartment requiring ventilation 
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 by CGD 76-082(a), 46 
FR 27645, May 21, 1981; CGD 85-059, 51 FR 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, ``natural ventilation'' means 
an airflow in a compartment in a boat achieved by having:

[[Page 934]]

    (1) A supply opening or duct from the atmosphere or from a 
ventilated compartment or from a compartment that is open to the 
atmosphere; and
    (2) An exhaust opening into another ventilated compartment or an 
exhaust duct to the atmosphere.
    (b) Each exhaust opening or exhaust duct must originate in the lower 
third of the compartment.
    (c) Each supply opening or supply duct and each exhaust opening or 
exhaust duct in a compartment must be above the normal accumulation of 
bilge water.
    (d) Except as provided in paragraph (e) of this section, supply 
openings or supply ducts and exhaust openings or exhaust ducts must each 
have a minimum aggregate internal cross-sectional area calculated as 
follows:

A=5 ln (V/5);

where:

(1) A is the minimum aggregate internal cross-sectional area of the 
openings or ducts in square inches;
(2) V is the net compartment volume in cubic feet, including the net 
volume of other compartments connected by openings that exceed 2 percent 
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 supply opening 
or duct and exhaust opening or duct must exceed 3.0 square inches.
    (f) The minimum internal cross-sectional area of terminal fittings 
for flexible ventilation ducts installed to meet the requirements of 
paragraph (d) of this section must not be less than 80 percent of the 
required internal cross-sectional area of the flexible ventilation duct.

[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, and 
to 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 system of any 
horsepower rating designed to be installed on, and removable from the 
transom of a boat.
    (b) Static thrust means the forward or backward thrust developed by 
an outboard motor and associated propulsion unit while stationary.
    (c) Starting control means the motor throttle, shift and starting 
control mechanisms located at a position remote from the outboard motor.
    (d) Local starting means operating a mechanical or electrical 
starting device built into the outboard motor.
    (e) Distributor means any person engaged in the sale and 
distribution of boats or associated equipment for the purpose of resale.
    (f) Dealer means any person who is engaged in the sale and 
distribution of boats or associated equipment to purchasers who the 
seller in good faith believes to be purchasing any such boat or 
associated equipment for purposes other than resale.



Sec. 183.710  Start-in-gear protection required.

    (a) Any outboard motor which is capable of developing a static 
thrust of 115 pounds or more at any motor operating speed with any 
propeller or jet attachment recommended for or shipped with the motor by 
the manufacturer, must be equipped with a device to prevent the motor 
being started when controls are set so as to attain that thrust level, 
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 either a 
built-in start-in-gear protection device or be installed with remote 
starting controls containing this device. An outboard motor designed for 
remote starting that does not have a built-in start-in-gear protection 
device must, at the time of sale, have a tag or label attached at the 
location of the control

[[Page 935]]

connection, containing the following information: ``Starting controls 
installed with this motor must comply with USCG requirements for start-
in-gear protection in 33 CFR Part 183, Subpart L.'' The letters and 
numbers on the tag or label must be at least \1/8\ inch high.
    (b) Starting controls must have a tag or label with the following 
information to indicate whether or not they have been equipped with a 
start-in-gear protection device: ``This control will (or will not) 
provide start-in-gear protection meeting USCG requirements of 33 CFR 
Part 183, Subpart L.'' The letters and numbers on the tag or label must 
be at least \1/8\ inch high.
    (c) Any manufacturer, distributor or dealer installing an outboard 
motor displaying the label described in paragraph (a)(2) of this section 
must properly match it with a compatible starting control that contains 
a start-in-gear protection device.



Sec. 183.715  Exception.

    Outboard motors designed to be equipped for remote starting, but 
which also have a provision for local starting in emergencies, need not 
comply with Sec. 183.710 for their local starting system. However, the 
following information must be displayed on the motor: ``Warning--Ensure 
shift control is in neutral before starting motor''. This information 
must be clearly visible 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 new recreational 
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 and distribution 
of recreational vessels to purchasers who the seller in good faith 
believes to be purchasing any such recreational vessel for purposes 
other than resale.
    Distributor means any person engaged in the sale and distribution of 
recreational vessels for the purpose of resale.
    Manufacturer means any person engaged in:
    (1) The manufacture, construction, or assembly of recreational 
vessels, or
    (2) The importation of recreational vessels into the United States 
for subsequent sale.
    Navigation lights are those lights prescribed by the Navigation 
Rules (Commandant Instruction 16672.2 series) to indicate a vessel's 
presence, type, operation, and relative heading.



Sec. 183.810  Navigation light certification requirements.

    (a) Except as provided by paragraph (b) of this section, each 
navigation light must--
    (1) Meet the technical standards of the applicable Navigation Rules;
    (2) Be certified by a laboratory listed by the Coast Guard to the 
standards of ABYC A-16 (incorporated by reference, see Sec. 183.5) or 
equivalent, although portable battery-powered lights need only meet the 
requirements of the standard applicable to them; and
    (3) Bear a permanent and indelible label that is visible without 
removing or disassembling the light and that states the following:
    (i) ``USCG Approval 33 CFR 183.810.''
    (ii) ``MEETS------.'' (Insert the identification name or number of 
the standard under paragraph (a)(2) of this section, to which the 
laboratory type-tested.)
    (iii) ``TESTED BY------.'' (Insert the name or registered 
certification-mark of the laboratory listed by the Coast Guard that 
tested the fixture to the standard under paragraph (a)(2) of this 
section.)
    (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 the 
compliance test.

[[Page 936]]

    (b) If a light is too small to attach the required label--
    (1) Place the information from the label in or on the package that 
contains the light; and
    (2) Mark each light ``USCG'' followed by the certified range of 
visibility in nautical miles (nm), for example, ``USCG 2nm''. Once 
installed, this mark must be visible without removing 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 certification of compliance 
          with guidelines for State vessel titling systems?
187.15 When is a mortgage a preferred mortgage?

      Subpart B_Information To Be Collected by Participating States

187.101 What information must be collected to identify a vessel owner?
187.103 What information must be collected to identify a vessel?
187.105 What information on titled vessels must be collected and what 
          may be collected?
187.107 What information must be made available to assist law 
          enforcement officials and what information may be made 
          available?

             Subpart C_Requirements for Participating in VIS

187.201 What are the compliance requirements for a participating State?
187.203 What are the voluntary provisions for a participating State?

          Subpart D_Guidelines for State Vessel Titling Systems

187.301 What are the eligibility requirements for certification of a 
          State titling system to confer preferred mortgage status?
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 a certificate of title 
          because of a transfer by operation of law or order of court?
187.313 Must a State honor a prior State title, Coast Guard 
          documentation, and foreign registry?
187.315 What happens when a title is surrendered for the purposes of 
          documentation?
187.317 What information must be on a certificate of title?
187.319 What are the requirements for applying for a redundant title?
187.321 What are the hull identification number (HIN) provisions?
187.323 What are the procedures for perfection of security interests?
187.325 Is a State required to specify procedures for the assignment of 
          a security interest?
187.327 What are a State's responsibilities concerning a discharge 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 Certified Vessel Titling 
          Authorities

    Authority: 46 U.S.C. 2103; 49 CFR 1.46.

    Source: 66 FR 15630, Mar. 20, 2001, unless otherwise noted.



                            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 are 
affected by this part. Vessels documented under 46

[[Page 937]]

U.S.C. chapter 121 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 to 
participate in VIS;
    (b) Prescribe guidelines for State vessel titling systems; and
    (c) Explain how to obtain certification of compliance with State 
guidelines for vessel titling systems for the purpose of conferring 
preferred status on mortgages, instruments, or agreements under 46 
U.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 approved by the 
Secretary of the Department of Homeland Security under 46 U.S.C. Chapter 
123.
    Certificate of Documentation means the certificate issued by the 
Coast Guard for a documented vessel under 46 U.S.C. 12103 (Form CG-
1270).
    Certificate of Origin or COO means a document establishing the 
initial chain of ownership, such as a manufacturer's certificate of 
origin (MCO) or statement of origin (MSO), an importer's certificate of 
origin (ICO) or statement of origin (ISO), or a builder's certification 
(Form CG-1261; see 46 CFR part 67).
    Certificate of Ownership means the Certificate of Ownership issued 
by the Coast Guard under 46 CFR part 67 (Form CG-1330).
    Commandant means the Commandant of the United States Coast Guard.
    Dealer means any person who engages wholly or in part in the 
business of buying, selling, or exchanging new or used vessels, or both, 
either outright or on conditional sale, bailment, lease, chattel 
mortgage or otherwise. A dealer must have an established place of 
business 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 number assigned to a 
vessel under subpart C of 33 CFR part 181.
    Issuing authority means either a State that has an approved 
numbering system or the Coast Guard in a State that does not have an 
approved numbering system.
    Manufacturer means any person engaged in the business of 
manufacturing or importing new vessels for the purpose of sale or trade.
    Owner means a person, other than a secured party, having property 
rights in, or title to, a vessel. ``Owner'' includes a person entitled 
to use or possess a vessel subject to a security interest in another 
person, but does not include a lessee under a lease not intended as 
security.
    Participating State means a State certified by the Commandant as 
meeting the requirements of subpart C of this part. States meeting this 
definition will be listed in appendix A to this part.
    Person means an individual, firm, partnership, corporation, company, 
association, joint-stock association, or governmental entity and 
includes a trustee, receiver, assignee, or similar representative of any 
of them.
    Secured party means a lender, seller, or other person in whose favor 
there is a security interest under applicable law.
    Security interest means an interest that is reserved or created by 
an agreement under applicable law and that secures payment or 
performance of an obligation.
    State means a State of the United States, the District of Columbia, 
American Samoa, Guam, Northern Mariana Islands, Puerto Rico, U.S. Virgin 
Islands, and any other territory or possession of the United States.
    Titled vessel means a vessel titled by a State.
    Titling authority means a State whose vessel titling system has been 
certified by the Commandant under subpart D of this part. Titling 
authorities participating in VIS will be listed in appendix B to this 
part.
    Vessel includes every description of watercraft, other than a 
seaplane on the water, used or capable of being used as a means of 
transportation on water.

[[Page 938]]

    Vessel Identification System or VIS means a system for collecting 
information on vessels and vessel ownership as required by 46 U.S.C. 
12501.

[66 FR 15630, Mar. 20, 2001, as amended by USCG-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 the 
HIN.
    (b) If a vessel does not have a valid HIN, a vessel identifier is 
assigned under the following table:

              Table 187.9(b)--Vessel Identifier Assignments
------------------------------------------------------------------------
                               And does not have a     Then the vessel
      If the vessel is:            valid HIN:          identifier is:
------------------------------------------------------------------------
(1) Documented..............  ....................  The official number
                                                     assigned by the
                                                     Coast Guard under
                                                     46 CFR part 67.
(2) Documented..............  And is transferred    The HIN assigned 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 and 174.          number by the
                                                     issuing authority
                                                     of the State of
                                                     principal
                                                     operation, provided
                                                     the number will not
                                                     be used in the
                                                     future to identify
                                                     a different vessel.
(4) Undocumented............  And is transferred    The HIN assigned 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        the issuing
                               numbered or titled    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 participation 
requirements in subpart C of this part.
    (b) The Commandant will review the request and determine if the 
State is complying with the VIS participation requirements. If so, the 
Commandant will certify compliance by listing the State in appendix A to 
this part.
    (c) Appendix A to this part will list those States certified by the 
Commandant to participate in VIS. When the Commandant determines that a 
State is not complying with the participation requirements, it will lose 
its certification and will be deleted from appendix A to this part.

[66 FR 15630, Mar. 20, 2001, as amended by USCG-2008-0179, 73 FR 35024, 
June 19, 2008]



Sec. 187.13  What are the procedures for obtaining certification of compliance 

with 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 titling laws, 
regulations and administrative procedures, and certify that the State 
will comply with the VIS participation requirements in subpart C of this 
part.
    (b) The Commandant will review the request and determine if the 
State is complying with the Guidelines for State Vessel Titling Systems 
in subpart D of this part. If the State is complying with the 
guidelines, the Commandant will certify compliance and list the State in 
appendix B to this part.
    (c) Appendix B to this part will list States certified by the 
Commandant. When the Commandant determines that a State is not complying 
with the vessel titling guidelines, it will lose its certification and 
be deleted from appendix B to this part.

[66 FR 15630, Mar. 20, 2001, as amended by USCG-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 interest 
perfected under State law covering the whole of a vessel titled under 
the law of a participating State is a preferred mortgage if the State is 
certified under Sec. 187.13.

[[Page 939]]



      Subpart B_Information to be Collected by Participating States



Sec. 187.101  What information must be collected to identify a vessel owner?

    (a) A participating State must collect the following information for 
a vessel it has numbered or titled when an individual owns the vessel 
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 Taxpayer 
Identification Number (ITIN).
    (ii) If the SSN or ITIN is not available, birth date and driver's 
license number.
    (iii) If the SSN, ITIN, and driver's license number are not 
available, birth date and other unique identifier prescribed by the 
State.
    (b) A participating State must collect the following information for 
a vessel that it has numbered or titled when the vessel's owner is not 
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 principal business 
or organization.
    (5) If the TIN for the principal business or organization is not 
available, one of the following unique identifiers for a corporate 
officer, a partner, or the individual who signed the application for 
numbering:
    (i) Social Security Number (SSN) or Individual Taxpayer 
Identification Number (ITIN).
    (ii) If the SSN or ITIN is not available, birth date and driver's 
license number.
    (iii) If the SSN, ITIN, and driver's license number are not 
available, birth date and other unique identifier prescribed by the 
State.



Sec. 187.103  What information must be collected to identify a vessel?

    A participating State must collect the following information on a 
vessel 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 its 
predecessor.
    (c) Number on certificate number assigned by the issuing authority 
of 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 ``open motorboat'', ``cabin 
motorboat'', ``auxiliary sail'', ``sail only'', ``personal watercraft'', 
``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'', 
``water jet'', ``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 manufacturer demonstration'', ``charter fishing'', 
``commercial fishing'', ``commercial passenger carrying'', or ``other 
commercial operation''.



Sec. 187.105  What information on titled vessels must be collected and what 

may be collected?

    (a) A participating State must collect the following information on 
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 940]]

    (4) Where evidence may be found on the security interest or lien 
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 on a 
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 of 
title.



Sec. 187.107  What information must be made available to assist law 

enforcement officials and what information may be made available?

    (a) A participating State must make the following information 
available 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 the 
status.
    (5) National Crime Information Center code for the reporting agency 
or official.
    (b) A participating State may make the following information 
available to law enforcement officials:
    (1) Notice that the vessel is being sought for a law enforcement 
purpose other than a purpose listed in paragraph (a)(2) of this section.
    (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 the 
address 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 under 
paragraph (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 this 
part and provide that information to VIS under the applicable Coast 
Guard-State Memorandum of Agreement.
    (b) Obtain specific evidence of ownership, such as the COO or 
current certificate of title and/or number, to identify a vessel's 
owner.
    (c) Retain previously issued evidence of ownership, such as 
certificate of number, title, or Certificate of Documentation, and 
notify the issuing authority or the Coast Guard by mail or electronic 
message.
    (d) Retain information identifying the type of evidence used to 
establish the accuracy of the information required to be made available 
to VIS and make it available to the Commandant upon request.
    (e) Update the information required to be made available to VIS by 
providing, 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 B of 
this part;
    (b) Make available to VIS updated information provided by the vessel 
owner, government agency, or secured party about a vessel that has been 
moved to a non-participating State of principal operation; and
    (c) Interact with non-participating States to make information 
available to, or request information from, VIS

[[Page 941]]

concerning a vessel or nationwide statistics.



          Subpart D_Guidelines for State Vessel Titling Systems



Sec. 187.301  What are the eligibility requirements for certification of a 

State titling system to confer preferred mortgage status?

    The Commandant, under 46 U.S.C. 31322(d)(1)(A) and Sec. 187.13, may 
certify a State vessel titling system that meets the requirements of 
this subpart as complying with the guidelines for vessel titling 
systems. This certification is for the purpose of conferring preferred 
mortgage status on a mortgage, instrument, or agreement granting a 
security interest perfected under State law, covering the whole of a 
vessel titled in that State. The State must also comply with the VIS 
participation requirements of Sec. 187.11 and subpart C of this part 
and make vessel information it collects available to VIS.



Sec. 187.303  What terms must a State define?

    A State must define the terms ``certificate of origin'', ``dealer'', 
``documented vessel'', ``issuing authority'', ``manufacturer'', 
``owner'', ``person'', ``secured party'', ``security interest'', 
``titling authority'', and ``vessel'' substantially as defined in Sec. 
187.7.



Sec. 187.304  What vessels must be titled?

    A State must require that all vessels required to be numbered in the 
State under 46 U.S.C. chapter 123 be titled only in that State, if that 
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 a specified 
period of time, not to exceed 60 days, after a vessel required to be 
titled is first purchased, ownership is transferred, or there is a 
change in vessel data listed on the certificate of title.
    (b) A State must require disclosure in its titling application form 
of any secured party holding an unsatisfied security interest in the 
vessel.
    (c) The application must include an entry for identification of the 
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 submitted 
together with the application for any new vessel not previously 
numbered, titled, documented, or registered under the laws of a foreign 
country.
    (e) A State must require that the application include a signed 
certification that the statements made are true and correct to the best 
of the applicant's knowledge, information, and belief, under penalty 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 any 
dealer or manufacturer building, buying, acquiring, selling, or 
transferring a vessel in that State:
    (a) Dealers or manufacturers must not be allowed to apply for a 
certificate of title for a vessel not required to be numbered. Dealers 
or manufacturers owning a new or used vessel primarily used in their 
business, held for sale or lease, and required to be numbered may be 
permitted or required to apply for a certificate of title for the 
vessel. The State may impose other reporting requirements on dealers or 
manufacturers.
    (b) Dealers or manufacturers transferring a vessel required to be 
titled in the name of the dealer or manufacturer must be required to 
assign the title to the new owner or, for a new vessel, assign a COO for 
a new vessel. Dealers or manufacturers transferring a vessel permitted 
to be titled in their name must be required to assign to the new owner 
any certificate of title which has been issued and not surrendered.
    (c) Dealers or manufacturers must not be permitted to provide a 
redundant COO if VIS contains information concerning the vessel.
    (d) Dealers or manufacturers must be permitted to provide a 
redundant COO to the vessel owner only upon receipt of information 
concerning the original certificate and the circumstances of its loss, 
theft, mutilation, or destruction and receipt of any recovered original

[[Page 942]]

COO or remains from the vessel owner. This information must be declared 
under penalty of perjury or similar penalties as prescribed by State 
law. The term ``REDUNDANT'' must be clearly and permanently marked on 
the face of a redundant COO.
    (e) Dealers or manufacturers must be required to maintain for at 
least 3 years a record of any vessel bought, sold, exchanged, or 
received for sale or exchange, and open such records for inspection by 
the 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 must 
deliver the vessel's certificate of title to the new owner or new 
owner's designee, except for transfers by operation of law or order of 
court.



Sec. 187.311  What are the application requirements for a certificate of title 

because of a transfer by operation of law or order of court?

    A State must require a new owner to apply for a certificate of title 
within a specified period of time, not to exceed 60 days, after 
ownership of a vessel is transferred by operation of law or order of 
court. This application must include an original or authenticated copy 
of 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 of 
ownership for transfer or sale of a vessel and for applying for a 
certificate of number or title in the new State of principal operation.
    (b) A State must honor a Coast Guard-issued Certificate of Ownership 
or a Certificate of Deletion as proof of ownership and deletion from 
documentation.
    (c) A State must honor an authenticated copy of a foreign registry, 
or evidence of deletion from the foreign registry, as proof of ownership 
and deletion from the foreign registry.



Sec. 187.315  What happens when a title is surrendered for the purposes of 

documentation?

    A State title is invalid when it is surrendered to the Coast Guard 
in exchange for a Certificate of Documentation. Upon notification from 
the Coast Guard of the surrender of a title, a State must process the 
cancellation of the title.



Sec. 187.317  What information must be on a certificate of title?

    (a) A certificate of title must contain the following information 
concerning the vessel:
    (1) Names of all owners (individuals, businesses, and 
organizations).
    (2) Address of one individual, business, or organization owning the 
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 ``open motorboat'', ``cabin 
motorboat'', ``auxiliary sail'', ``sail only'', ``personal watercraft'', 
``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'', 
``water jet'', ``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 and 
original recording or perfection date of any security interest 
outstanding.
    (b) Space must be provided on the title form for assignment of 
interests in the vessel, with a signed certification that the statements 
made are true and correct to the best of the owner's knowledge, 
information, and belief, under penalty of perjury or similar penalties 
as prescribed by State law.

[[Page 943]]



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 an 
original title to apply for a redundant title after the discovery of the 
loss, theft, mutilation, or destruction of the original.
    (b) The holder must provide information, declared under penalty of 
perjury or similar penalties as prescribed by State law, concerning the 
original certificate and the circumstances of its loss, theft, 
mutilation, or destruction.
    (c) The holder must surrender to the State any recovered original 
title or remains.
    (d) The State must clearly and permanently mark the face of a 
redundant 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 be 
affixed to a vessel that does not have an HIN at the time of application 
for certificate of number or title; and
    (b) Prohibit removal or alteration of an HIN without authorization 
from the Commandant.



Sec. 187.323  What are the procedures for perfection of security interests?

    (a) A State must specify, at a minimum, the following procedures for 
perfection of a security interest in a vessel titled in that State:
    (1) Submission of an application for new or amended certificate of 
title on which the secured party must be noted.
    (2) Surrender of any outstanding certificate of number and any 
outstanding title issued by another State.
    (3) Surrender of the Certificate of Documentation of any documented 
vessel that is to be numbered and titled by the State.
    (4) Submission of an authenticated copy of any foreign registry of 
the vessel and evidence of deletion from the foreign registry of the 
vessel 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, if a 
vessel is covered by a preferred mortgage when an application for a 
certificate of title is filed in that State, then the status of the 
preferred mortgage covering the vessel is determined by the law of the 
jurisdiction in which the vessel is currently titled or documented.
    (c) A State must recognize, under 46 U.S.C. 31322(d)(2), that, if a 
vessel titled in a State is covered by a preferred mortgage, that 
mortgage will continue to be a preferred mortgage even if the vessel is 
no longer titled in the State where the mortgage, instrument, or 
agreement granting a security interest perfected under State law became 
a preferred mortgage.
    (d) A State must recognize, under 46 U.S.C. 31322(d)(1), the 
preferred status of a mortgage, instrument, or agreement granting a 
security interest perfected under State law covering the whole of a 
vessel titled in a State after the Commandant has certified that State's 
titling system and the State participates in VIS with respect to the 
vessel.
    (e) The State must provide that the perfection procedures required 
to be established under this section do not apply to--
    (1) A lien given by statute or rule of law to a supplier of services 
or materials for the vessel;
    (2) A lien given by statute to the United States, a State, or a 
political subdivision thereof;
    (3) A lien arising out of an attachment of a vessel;
    (4) A security interest in a vessel created by a dealer or 
manufacturer who holds the vessel for sale, irrespective of whether the 
vessel is titled;
    (5) A security interest claimed in a vessel's proceeds, as defined 
in the Uniform Commercial Code in effect in the State, if the security 
interest in the vessel did not have to be noted on a vessel's title in 
order to be perfected; or
    (6) Any vessel for which a certificate of title is not required in 
the State.



Sec. 187.325  Is a State required to specify procedures for the assignment of 

a security interest?

    Yes, a State must specify the procedures that apply to the 
assignment of a

[[Page 944]]

security interest in a vessel titled in that State.



Sec. 187.327  What are a State's responsibilities concerning a discharge of 

security interests?

    A State must specify the evidence and information that a secured 
party is required to submit regarding discharge of a security interest 
and 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 with 
the 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 of 
the information required for vessel titling purposes and make it 
available on request to the Coast Guard, participating States, and law 
enforcement authorities.



         Sec. Appendix A to Part 187--Participating Authorities

    The following States comply with the requirements for participating 
in VIS:
    [Reserved]



    Sec. Appendix B to Part 187--Participating and Certified Titling 

                               Authorities

    The following States comply with the requirements for participating 
in VIS and have a certified titling system: [Reserved]

                        PARTS 188-199 [RESERVED]


[[Page 945]]



                              FINDING AIDS




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

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected

[[Page 947]]



                    Table of CFR Titles and Chapters




                      (Revised as of July 1, 2010)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
        IV  Miscellaneous Agencies (Parts 400--500)

                    Title 2--Grants and Agreements

            Subtitle A--Office of Management and Budget Guidance 
                for Grants and Agreements
         I  Office of Management and Budget Governmentwide 
                Guidance for Grants and Agreements (Parts 100--
                199)
        II  Office of Management and Budget Circulars and Guidance 
                (200--299)
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements
       III  Department of Health and Human Services (Parts 300-- 
                399)
        IV  Department of Agriculture (Parts 400--499)
        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)
      XIII  Department of Commerce (Parts 1300--1399)
       XIV  Department of the Interior (Parts 1400--1499)
        XV  Environmental Protection Agency (Parts 1500--1599)
     XVIII  National Aeronautics and Space Administration (Parts 
                1880--1899)
      XXII  Corporation for National and Community Service (Parts 
                2200--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 (Parts 
                2600--2699)
     XXVII  Small Business Administration (Parts 2700--2799)
    XXVIII  Department of Justice (Parts 2800--2899)
       XXX  Department of Homeland Security (Parts 3000--3099)
      XXXI  Institute of Museum and Library Services (Parts 3100--
                3199)
     XXXII  National Endowment for the Arts (Parts 3200--3299)

[[Page 948]]

    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)

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--99)
        II  Recovery Accountability and Transparency Board (Parts 
                200--299)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Parts 2100--2199)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
        XV  Office of Administration, Executive Office of the 
                President (Parts 2500--2599)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (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)

[[Page 949]]

     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)
       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 
                (Parts 6800--6899)
       LIX  National Aeronautics and Space Administration (Parts 
                6900--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 (Parts 
                7500--7599)
      LXVI  National Archives and Records Administration (Parts 
                7600--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)
     LXXII  Special Inspector General for Iraq Reconstruction 
                (Parts 8200--8299)
    LXXIII  Department of Agriculture (Parts 8300--8399)
     LXXIV  Federal Mine Safety and Health Review Commission 
                (Parts 8400--8499)
     LXXVI  Federal Retirement Thrift Investment Board (Parts 
                8600--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 Personnel Management) (Parts 
                9700--9799)
      XCIX  Department of Defense Human Resources Management and 
                Labor Relations Systems (Department of Defense--
                Office of Personnel Management) (Parts 9900--9999)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 0--99)

[[Page 950]]

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Nutrition Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Grain Inspection, Packers and Stockyards 
                Administration (Federal Grain Inspection Service), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
        XX  Local Television Loan Guarantee Board (Parts 2200--
                2299)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy Policy and New Uses, Department of 
                Agriculture (Parts 2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)

[[Page 951]]

      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  National Institute of Food and Agriculture (Parts 
                3400--3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)
         L  Rural Business-Cooperative Service, Rurual Housing 
                Service, and Rural Utilities Service, Department 
                of Agriculture (Parts 5000--5099)

                    Title 8--Aliens and Nationality

         I  Department of Homeland Security (Immigration and 
                Naturalization) (Parts 1--499)
         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1399)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Department of 
                Agriculture (Parts 300--599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
      XIII  Nuclear Waste Technical Review Board (Parts 1303--
                1399)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Parts 1800--1899)

[[Page 952]]

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)
        II  Election Assistance Commission (Parts 9400--9499)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  Office of Thrift Supervision, Department of the 
                Treasury (Parts 500--599)
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XII  Federal Housing Finance Agency (Parts 1200--1299)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700--1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)
        IV  Emergency Steel Guarantee Loan Board (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board (Parts 
                500--599)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--499)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

[[Page 953]]

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Industry and Security, Department of 
                Commerce (Parts 700--799)
      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  Technology Administration, Department of Commerce 
                (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399)

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)

[[Page 954]]

      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  U.S. Customs and Border Protection, Department of 
                Homeland Security; Department of the Treasury 
                (Parts 0--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  U.S. Immigration and Customs Enforcement, Department 
                of Homeland 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 (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Employment Standards Administration, Department of 
                Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  Broadcasting Board of Governors (Parts 500--599)
       VII  Overseas Private Investment Corporation (Parts 700--
                799)
        IX  Foreign Service Grievance Board (Parts 900--999)

[[Page 955]]

         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Millenium Challenge Corporation (Parts 1300--1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                HousingCommissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
        IV  Office of Housing and Office of Multifamily Housing 
                Assistance Restructuring, Department of Housing 
                and Urban Development (Parts 400--499)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)

[[Page 956]]

      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--1699)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
      XXIV  Board of Directors of the HOPE for Homeowners Program 
                (Parts 4000--4099)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--799)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900)
        VI  Office of the Assistant Secretary-Indian Affairs, 
                Department of the Interior (Parts 1000--1199)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Parts 1200--1299)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--899)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of the Treasury (Parts 1--399)
        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department of Justice (Parts 400--699)

[[Page 957]]

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--299)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)
      VIII  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts 900--999)
        XI  Department of Justice and Department of State (Parts 
                1100--1199)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Employee Benefits Security Administration, Department 
                of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Minerals Management Service, Department of the 
                Interior (Parts 200--299)
       III  Board of Surface Mining and Reclamation Appeals, 
                Department of the Interior (Parts 300--399)

[[Page 958]]

        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance
         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of International Investment, Department of the 
                Treasury (Parts 800--899)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Defense Logistics Agency (Parts 1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
      XVII  Office of the Director of National Intelligence (Parts 
                1700--1799)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)

[[Page 959]]

        II  Corps of Engineers, Department of the Army (Parts 
                200--399)
        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Vocational and Adult Education, Department 
                of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599)
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvmeent, 
                Department of Education [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 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
        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 (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
        XV  Oklahoma City National Memorial Trust (Parts 1500--
                1599)
       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

[[Page 960]]

             Title 37--Patents, Trademarks, and Copyrights

         I  United States Patent and Trademark Office, Department 
                of Commerce (Parts 1--199)
        II  Copyright Office, Library of Congress (Parts 200--299)
       III  Copyright Royalty Board, Library of Congress (Parts 
                301--399)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--499)
         V  Under Secretary for Technology, Department of Commerce 
                (Parts 500--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--99)
        II  Armed Forces Retirement Home

                       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 (Parts 1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)
        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)
       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)

          Title 41--Public Contracts and Property Management

            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 61-1--61-999)
            Chapters 62--100 [Reserved]
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       102  Federal Management Regulation (Parts 102-1--102-299)
            Chapters 103--104 [Reserved]
       105  General Services Administration (Parts 105-1--105-999)

[[Page 961]]

       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
            Chapters 129--200 [Reserved]
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300-99)
       301  Temporary Duty (TDY) Travel Allowances (Parts 301-1--
                301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Part 303-1--303-99)
       304  Payment of Travel Expenses from a Non-Federal Source 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--499)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1999)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 200--499)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10010)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency, Department of 
                Homeland Security (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

[[Page 962]]

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899) 
                [Reserved]
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  Corporation for National and Community Service (Parts 
                1200--1299)
      XIII  Office of Human Development Services, Department of 
                Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission on Fine Arts (Parts 2100--2199)
     XXIII  Arctic Research Commission (Part 2301)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Homeland Security (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)

[[Page 963]]

        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)
        IV  National Telecommunications and Information 
                Administration, Department of Commerce, and 
                National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 400--499)

           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  Health and Human Services (Parts 300--399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  Agency for International Development (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management, Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  Broadcasting Board of Governors (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        30  Department of Homeland Security, Homeland Security 
                Acquisition Regulation (HSAR) (Parts 3000--3099)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199)

[[Page 964]]

        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement [Reserved]
        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        57  African Development Foundation (Parts 5700--5799)
        61  Civilian Board of Contract Appeals, General Services 
                Administration (Parts 6100--6199)
        63  Department of Transportation Board of Contract Appeals 
                (Parts 6300--6399)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Pipeline and Hazardous Materials Safety 
                Administration, Department of Transportation 
                (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Motor Carrier Safety Administration, 
                Department of Transportation (Parts 300--399)
        IV  Coast Guard, Department of Homeland Security (Parts 
                400--499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board, Department of 
                Transportation (Parts 1000--1399)
        XI  Research and Innovative Technology Administration, 
                Department of Transportation [Reserved]
       XII  Transportation Security Administration, Department of 
                Homeland Security (Parts 1500--1699)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)

[[Page 965]]

        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

                      CFR Index and Finding Aids

            Subject/Agency Index
            List of Agency Prepared Indexes
            Parallel Tables of Statutory Authorities and Rules
            List of CFR Titles, Chapters, Subchapters, and Parts
            Alphabetical List of Agencies Appearing in the CFR

[[Page 967]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of July 1, 2010)

                                                  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
  Economic Research Service                       7, XXXVII
  Energy Policy and New Uses, 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
  National Institute of Food and Agriculture.     7, XXXIV
  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, L
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV, L
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII, L
  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
Architectural and Transportation Barriers         36, XI
   Compliance Board
[[Page 968]]

Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase From People Who Are
Broadcasting Board of Governors                   22, V
  Federal Acquisition Regulation                  48, 19
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X
Civil Rights, Commission on                       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, IV
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office, United States      37, I
  Productivity, Technology and Innovation,        37, IV
       Assistant Secretary for
  Secretary of Commerce, Office of                15, Subtitle A
  Technology, Under Secretary for                 37, V
  Technology Administration                       15, XI
  Technology Policy, Assistant Secretary for      37, IV
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Product Safety Commission                5, LXXI; 16, II
Copyright Office                                  37, II
Copyright Royalty Board                           37, III
Corporation for National and Community Service    2, XXII; 45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Court Services and Offender Supervision Agency    28, VIII
     for the District of Columbia
Customs and Border Protection Bureau              19, I
Defense Contract Audit Agency                     32, I
Defense Department                                5, XXVI; 32, Subtitle A; 
                                                  40, VII
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII

[[Page 969]]

  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
  Human Resources Management and Labor Relations  5, XCIX
       Systems
  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 Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Under Secretary                 37, V
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
  Vocational and Adult Education, Office of       34, IV
Educational Research and Improvement, Office of   34, VII
Election Assistance Commission                    11, II
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

[[Page 970]]

  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export-Import Bank of the United States           2, XXXV; 5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
Federal Communications Commission                 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       11, I
Federal Emergency Management Agency               44, I
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Agency                    12, XII
Federal Housing Finance Board                     12, IX
Federal Labor Relations Authority, and General    5, XIV; 22, XIV
     Counsel of the Federal Labor Relations 
     Authority
Federal Law Enforcement Training Center           31, VII
Federal Management Regulation                     41, 102
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration       49, III
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Fishery Conservation and Management               50, VI
Food and Drug Administration                      21, I
Food and Nutrition Service                        7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61

[[Page 971]]

  Federal Acquisition Regulation                  48, 5
  Federal Management Regulation                   41, 102
  Federal Property Management Regulations         41, 101
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Temporary Duty (TDY) Travel Allowances          41, 301
Geological Survey                                 30, IV
Government Accountability Office                  4, I
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          2, III; 5, XLV; 45, 
                                                  Subtitle A,
  Centers for Medicare & Medicaid Services        42, IV
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X
  Community Services, Office of                   45, X
  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                  2, XXX; 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
  Human Resources Management and Labor Relations  5, XCVII
       Systems
  Immigration and Customs Enforcement Bureau      19, IV
  Immigration and Naturalization                  8, I
  Transportation Security Administration          49, XII
HOPE for Homeowners Program, Board of Directors   24, XXIV
     of
Housing and Urban Development, Department of      2, XXIV; 5, LXV; 24, 
                                                  Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Housing, Office of, and Multifamily Housing     24, IV
       Assistance Restructuring, Office of
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Human Development Services, Office of             45, XIII
Immigration and Customs Enforcement Bureau        19, IV
Immigration and Naturalization                    8, I
Immigration Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
   Secretary
[[Page 972]]

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 and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Interior Department
  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 and Mexico, United States 
     Section
International Development, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
International Fishing and Related Activities      50, III
International 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
Investment Security, Office of                    31, VIII
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

[[Page 973]]

  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
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII
  Copyright Office                                37, II
  Copyright Royalty Board                         37, III
Local Television Loan Guarantee Board             7, XX
Management and Budget, Office of                  5, III, LXXVII; 14, VI; 
                                                  48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II, LXIV
Micronesian Status Negotiations, Office for       32, XXVII
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
     National Environmental Policy Foundation
Museum and Library Services, Institute of         2, XXXI
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; 47, VI; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Food and Agriculture.       7, XXXIV
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

[[Page 974]]

  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI
National Security Council and Office of Science   47, II
     and Technology Policy
National Telecommunications and Information       15, XXIII; 47, III, IV
     Administration
National Transportation Safety Board              49, VIII
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy Department                                   32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Interstate Low-Level Radioactive Waste  10, XVIII
     Commission
Nuclear Regulatory Commission                     5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Offices of Independent Counsel                    28, VI
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Patent and Trademark Office, United States        37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 45, VIII
  Human Resources Management and Labor Relations  5, XCIX
       Systems, Department of Defense
  Human Resources Management and Labor Relations  5, XCVII
       Systems, Department of Homeland Security
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Pipeline and Hazardous Materials Safety           49, I
     Administration
Postal 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
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
Recovery Accountability and Transparency Board    4, II
Refugee Resettlement, Office of                   45, IV
Relocation Allowances                             41, 302
Research and Innovative Technology                49, XI
     Administration
Rural Business-Cooperative Service                7, XVIII, XLII, L
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV, L
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII, L
Saint Lawrence Seaway Development Corporation     33, IV
Science and Technology Policy, Office of          32, XXIV
Science and Technology Policy, Office of, and     47, II
   National Security Council
[[Page 975]]

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
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; 47, IV; 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
  Investment Security, Office of                  31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
  Thrift Supervision, Office of                   12, V
Truman, Harry S. Scholarship Foundation           45, XVIII
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs Department                       2, VIII; 38, I
  Federal Acquisition Regulation                  48, 8

[[Page 976]]

Veterans' Employment and Training Service,        41, 61; 20, IX
     Office of the Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Vocational and Adult Education, Office of         34, IV
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I
World Agricultural Outlook Board                  7, XXXVIII

[[Page 977]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations that were 
made by documents published in the Federal Register since January 1, 
2001, are enumerated in the following list. Entries indicate the nature 
of the changes effected. Page numbers refer to Federal Register pages. 
The user should consult the entries for chapters and parts as well as 
sections for revisions.
For the period before January 1, 2001, see the ``List of CFR Sections 
Affected, 1949-1963, 1964-1972, 1973-1985, and 1986-2000,'' published in 
11 separate volumes.

                                  2001

33 CFR
                                                                   66 FR
                                                                    Page
Chapter I
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 D amended..................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 text and 
        (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) 
        and new (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 to 2-12-04.....................3878
155.1052 (f) stayed in part; eff. 2-12-01 to 2-12-04................3878
157.03 Amended.....................................................55572
157.04 (b) amended.................................................55573

[[Page 978]]

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) introductory text 
        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) introductory text, (c) 
        introductory text, (d) introductory text, (4), (e), (f) 
        and Figures 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 979]]

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 redesignated from 
        165.1102...................................................33642
165.1102 Redesignated as 165.1101; new 165.1102 redesignated from 
        165.1103...................................................33642
165.1103 Redesignated as 165.1102; new 165.1103 redesignated from 
        165.1104...................................................33642
165.1104 Redesignated as 165.1103; new 165.1104 redesignated from 
        165.1105...................................................33642
165.1105 Redesignated as 165.1104; new 165.1105 redesignated from 
        165.1106...................................................33642
165.1106 Redesignated as 165.1105; new 165.1106 redesignated from 
        165.1107...................................................33642
165.1107 Redesignated as 165.1106; new 165.1107 redesignated from 
        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 heading removed.............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 heading added...............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 980]]

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 to 7-16-01.........................32911
165.T09-006 Added; eff. 7-11-01 to 7-16-01.........................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 981]]

    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) redesignated as (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 through 9-30-02........37686
    Regulation at 66 FR 50572 suspended in part through 3-31-03....55119
160.203 Regulation at 66 FR 50572 suspended through 9-30-02........37686
    Amended........................................................53740
    Regulation at 66 FR 50572 suspended in part through 3-31-03....55120
160.207 Regulation at 66 FR 50572 suspended through 9-30-02........37687
    Regulation at 66 FR 50572 suspended through 3-31-03............55120
160.211 Regulation at 66 FR 50573 suspended through 9-30-02........37687
    Regulation at 66 FR 50573 suspended through 3-31-03............55120
160.213 Regulation at 66 FR 50574 suspended through 9-30-02........37687
    Regulation at 66 FR 50574 suspended in part through 3-31-03....55120
160.T204 Regulation at 66 FR 50572 suspended through 9-30-02.......37686
    Regulation at 66 FR 50572 extended through 3-31-03.............55120
160.T208 (f)(2) corrected...........................................2571
    Regulation at 66 FR 50572 suspended through 9-30-02............37687
    (c)(15)(iv) revised; (c)(16) added (temporary).................53740
    Regulation at 66 FR 50572 extended through 3-31-03.............55120
160.T212 Regulation at 66 FR 50573 suspended through 9-30-02.......37687

[[Page 982]]

    (b)(20) added (temporary)......................................53740
    Regulation at 66 FR 50573 extended through 3-31-03.............55120
160.T214 Regulation at 66 FR 50574 suspended through 9-30-02.......37687
    Regulation at 66 FR 50574 extended through 3-31-03.............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 to 8-15-02.............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 to 11-15-02; (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 to 11-15-02; (b) 
revised (temporary)................................................40861

[[Page 983]]

    (b) revised (temporary)........................................69134
165.T01-165 Regulation at 66 FR 51561 eff. date extended to 8-15-
        02; (c) revised (temporary)................................16018
    (c) revised (temporary)........................................53312
165.T01-166 Regulation at 66 FR 51561 eff. date extended 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. date extended 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 to 9-30-02; (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 to 10-15-02; (b) 
and (d) revised (temporary)........................................40617
165.T08-003 Added (temporary).......................................9208
    Regulation at 67 FR 9208 eff. date extended to 10-15-02; (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 to 8-
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. to 7-31-02.................................40611
165.T09-032 Added (temporary)......................................44566

[[Page 984]]

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. date extended to 8-15-
        02; (b) revised (temporary)................................40854
165.T09-103 Regulation at 66 FR 49290 eff. date extended to 8-15-
        02; (b) revised (temporary)................................40854
165.T09-109 Regulation at 66 FR 52038 eff. date extended to 8-15-
        02; (b) revised (temporary)................................40854
    Removed........................................................49578
165.T09-110 Regulation at 66 FR 52042 eff. date extended to 8-15-
        02; (b) revised (temporary)................................40854
    Removed........................................................49578
165.T09-111 (b) revised; eff. date extended in part to 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 to 12-21-02; (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 to 3-21-03; (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 to 6-15-03; (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 985]]

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 to 11-1-03........2329
183.801--183.810 (Subpart M) Regulation at 66 FR 55091 eff. 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 citation revised..........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 986]]

    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 text 
revised............................................................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 text 
amended............................................................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 to 9-30-04.....................16958
165.169 Added.......................................................2890
    (a)(7) through (10) added; eff. 2-4-03 to 9-1-03................7929
165.500 Added......................................................43311
165.501 (d)(14) added; eff. 12-20-02 to 6-15-03.....................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 to 5-11-03...............................7080
    Revised........................................................25290
165.1103 Suspended 2-11-03 to 5-11-03...............................7075
    Revised........................................................25290
165.1104 Suspended 2-11-03 to 5-11-03...............................7077
    Revised........................................................25290

[[Page 987]]

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 to 5-18-03.............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 part 4-24-03
                                                                   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 988]]

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 to 3-31-04.........55445
165.T11-078 Added (temporary)......................................13230
    Regulation at 68 FR 13230 eff. date extended to 3-31-04; (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 part 3-1-04 (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. 1-6-04 through 10-1-06........746

[[Page 989]]

149 Revised (temporary); interim; eff. 1-6-04 through 10-1-06........746
149.100--149.150 (Subpart B) Technical correction...................3836
149.415 (d) and (e) correctly redesignated as (c) and (d)...........3836
150 Revised (temporary); interim; eff. 1-6-04 through 10-1-06........746
150.940 Added; interim.............................................52830
151.1500--151.1516 (Subpart C) Authority citation revised; 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 citation revised...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 through 2-12-07................3237
155.1052 (f) stayed in part; eff. 2-12-04 through 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) introductory text, (c) 
        introductory text and (d) introductory text revised; 
        (a)(10), (11), (12), (b)(11) and (d)(12) added; (f) 
        amended; Figures 1 through 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 990]]

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 991]]

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 citation revised..............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 to 7-21-08.......................41617
155.490 Suspended 8-19-05 to 7-21-08...............................41617
155.1035 (c)(5)(i) amended.........................................36349
155 Appendix B amended.............................................36349
156.120 (ee) suspended 8-19-05 to 7-21-08..........................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 18245 
        confirmed..................................................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 992]]

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 993]]

166.103 Correctly reinstated in part; CFR correction...............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 994]]

    (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 995]]

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 to 2-12-09......................6170
155.1052 (f) suspension extended in part to 2-12-09.................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 996]]

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 text 
        revised....................................................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 from 165.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 997]]

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

33 CFR
                                                                   73 FR
                                                                    Page
Chapter I
126.3 Amended......................................................35013
135.305 (a)(1) amended.............................................35013
137 Added...........................................................2150
138 Revised........................................................53697
147 Temporary regulations list.....................................60629
    Technical correction...........................................77512
150.940 (c) added; eff.7-17-08.....................................34194
151 Authority citation revised.....................................56498
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 and revised.............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
    Revised; interim...............................................56498
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
155.130 Note added.................................................80648
155.140 (a) amended................................................35015
    Revised........................................................80648
155.200 Suspended in part from 6-4-08 to 6-6-11....................24500
    Amended........................................................79316
155.490 Suspended from 6-4-08 to 6-6-11............................24500
    Removed........................................................79316
155.1020 Amended...................................................80649
155.1025 (e)(1) amended............................................35015
155.1030 (j) introductory text, (3) and (k) introductory text 
        amended....................................................35015
155.1035 (b)(5)(i) amended.........................................35015
155.1050 (l)(1)(iii) amended.......................................35015
    (k) revised; (l) removed.......................................80649
155.1060 (h) note amended..........................................35015
155.1065 (a), (g) and (h) amended..................................35015
155.1070 (f) amended...............................................35015
155.4010--155.4055 (Subpart I) Added...............................80649
155 Appendix B amended.............................................35015
156 Authority citation revised.....................................79316
156.111 (a) amended................................................35015
156.120 (ee) suspended from 6-4-08 to 6-6-11.......................24500
    (ee) removed...................................................79316
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

[[Page 998]]

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
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 Authority citation revised.....................................46196
    Temporary regulations list.....................................60629
    Technical correction...........................................77512
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
165.158 Added......................................................51367
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
165.749 Added; interim.............................................37837
    Regulation at 73 FR 37837 confirmed............................54691
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
165.771 Added......................................................54951
165.773 Added; interim.............................................28710
    Regulation at 73 FR 28710 confirmed............................78186
165.836 Added; interim.............................................67107
165.907 Removed....................................................46197
165.914 Removed....................................................28707
165.923 Suspended (temporary)........................37812, 45878, 63636
165.928 Implementation (temporary).................................46200
165.933 Implementation (temporary).................................51365
165.935 Implementation (temporary)..........................34195, 52788
165.939 Added......................................................28705
165.941 Added......................................................46197
165.1191 Implementation (temporary)..................26019, 36791, 36792
165.1304 Implementation (temporary)................................37809
165.1306 Implementation (temporary)................................37809
165.1307 Implementation (temporary)................................37810
165.1312 Implementation (temporary)................................28321
165.1315 (a)(2) implementation (temporary).........................29987
    (a)(12) implementation (temporary)......................37810, 42526
    (a)(7) implementation (temporary)..............................49610
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
    (b) revised (temporary)........................................39870
165.T01-0341 Added (temporary).....................................31365
165.T01-0349 Added (temporary).....................................45619
165.T01-0363 Added (temporary).....................................33303
165.T01-0372 Added (temporary).....................................28041
    (d) added (temporary)..........................................39870
165.T01-0421 Added (temporary).....................................35348
165.T01-0695 Added (temporary).....................................43870
165.T01-0843 Added (temporary).....................................51599
165.T01-0844 Added (temporary).....................................54954
165.T01-1026 Added (temporary); interim............................79366

[[Page 999]]

165.T05-001 Added (temporary)................................5097, 37831
165.T05-002 Added (temporary)......................................37831
165.T05-003 Added (temporary)......................................37832
165.T05-004 Added (temporary)......................................37832
165.T05-005 Added (temporary)...............................14183, 37832
165.T05-006 Added (temporary)......................................37832
165.T05-007 Added (temporary)...............................13758, 37833
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.T05-0759 Added (temporary).....................................49612
165.T05-0823 Added (temporary).....................................50198
165.T05-0838 Added (temporary).....................................65984
165.T05-0860 Added (temporary).....................................54688
165.T05-901 Added (temporary).................................4080, 5751
165.T05-0902 Added (temporary).....................................51721
165.T05-0912 Added (temporary).....................................70872
165.T05-1001 Added (temporary).....................................76538
165.T05-1081 Added (temporary).....................................70870
165.T07-0097 Added (temporary)......................................1279
165.T07-0433 Added (temporary).....................................45617
165.T07-1120 Added (temporary).....................................79641
165.T08-012 Added (temporary)......................................20799
165.T08-033 Added (temporary)......................................71557
165.T08-0093 Added (temporary).....................................36280
165.T08-0290 Added (temporary).....................................51942
165.T08-0984 Added (temporary).....................................71925
165.T09-004 Added (temporary)......................................23353
165.T09-0470 Added (temporary).....................................37812
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.T09-0589 Added (temporary).....................................37820
165.T09-0630 Added (temporary).....................................40742
165.T09-0631 Added (temporary).....................................40744
165.T09-0739 Added (temporary).....................................43625
165.T09-0742 Added (temporary).....................................43623
165.T09-0914 Added (temporary).....................................54686
165.T09-1055 Added (temporary).....................................65545
165.T09-4001 Added (temporary).....................................37813
165.T09-4002 Added (temporary).....................................45878
165.T09-4003 Added (temporary).....................................45878
165.T09-4004 Added (temporary).....................................63636
165.T09-4005 Added (temporary).....................................63637
165.T11-001 Added (temporary)......................................20174
165.T11-011 Added (temporary)......................................11816
165.T11-014 Added (temporary)......................................36426
165.T11-025 Added (temporary)......................................42528
165.T11-033 Added (temporary)......................................59513
165.T11-034 Added (temporary)......................................59511
165.T11-035 Added (temporary)......................................54684
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.T11-047 Added (temporary)......................................37822

[[Page 1000]]

165.T11-048 Added (temporary)......................................37829
165.T11-049 Added (temporary)......................................37815
165.T11-054 Added (temporary)......................................37817
165.T11-057 Added (temporary)......................................37824
165.T11-061 Added (temporary)......................................37826
165.T11-063 Added (temporary)......................................36432
165.T11-074 Added (temporary)......................................44913
165.T11-261 Added (temporary)......................................18963
165.T13-031 Added (temporary)......................................33007
165.T13-034 Added (temporary)......................................34871
165.T13-035 Added (temporary)......................................36435
165.T13-037 Added (temporary)......................................34874
165.T13-041 Added (temporary)......................................38122
165.T13-048 Added (temporary)......................................37834
165.T13-052 Added (temporary)......................................44152
165.T13-053 Added (temporary)......................................44154
165.T13-054 Added (temporary)......................................44915
165.T13-060 Added (temporary)......................................44150
165.T13-060A Added (temporary).....................................63639
165.T13-067 Added (temporary)......................................54317
165.T14-164 Revised (temporary).......................................47
165.T14-165 Added (temporary).......................................4697
165.T14-168 Added (temporary)......................................12639
165.T14-172 Added (temporary)......................................51364
165.T14-173 Added (temporary)......................................53130
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
    OMB number.....................................................49100
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

                                  2009

33 CFR
                                                                   74 FR
                                                                    Page
Chapter I
125 Enforcement notice..............................................2865
133 Authority citation revised.....................................27440
133.3 (b) amended..................................................27440
133.25 (c) amended.................................................27440
135.9 Amended......................................................27440
136 Authority citation revised.....................................27441
136.3 Amended......................................................27441
136.5 (b) amended..................................................27441
136.101 (b) amended................................................27441
137 Authority citation revised.....................................27441
137.15 Revised.....................................................27441
138 Authority citation revised; eff. 7-31-09.......................31368
138.45 (a) amended.................................................27441
138.85 Regulation at 73 FR 53697 confirmed.........................46367
138.200--138.240 (Subpart B) Revised; interim; eff. 7-31-09........31368
141 Authority citation revised.....................................11212
141.5 (b)(1) amended...............................................11212
141.10 Amended.....................................................11212
141.25 (a) introductory text and (1) amended.......................11212
141.30 Introductory text, (a) and (b) amended; (d) added...........11212
141.35 (a)(1) amended..............................................11212
147 Temporary regulations list................38524, 43050, 52139, 62239
    Regulation at 74 FR 62239 corrected............................68155
147.845 Added; interim..............................................7184
    Revised........................................................55138
151.53 (a) revised; (c) added......................................66241
151.3000 (Subpart E) Added.........................................45560
154.106 Revised....................................................45022
154.500 (d)(2) revised.............................................45022
154.510 (a) revised................................................45022
154.735 (l) introductory text and (s) introductory text revised....45022
154.808 (b) revised................................................45023
154.810 (d)(5)(i) and (g) revised..................................45023
154.812 (a)(1), (2) and (b)(6) introductory text revised...........45023
154.814 (j)(4) revised.............................................45023
154.824 (f)(1) revised.............................................45023
154.1020 Amended...................................................45023
154.1035 (b)(3)(iv) revised; (b)(3)(v) redesignated as (b)(3)(ix); 
        new (b)(3)(v) through (viii) added.........................45023
154.1045 (j) through (n) redesignated as (k) through (o); new (j) 
        added; (i) and new (o) revised.............................45024
154.1065 (e) added.................................................45025
154 Appendix C amended.............................................45025
155 Authority citation revised......................................3377
    Regulation at 74 FR 3377 confirmed.............................52418
155.110 Revised....................................................11212

[[Page 1001]]

155.140 (a) amended; (c)(4), (5) and (6) added.....................45026
155.230 (b)(1)(i)(D) revised.......................................45026
155.235 Revised....................................................45026
155.350 Heading revised; (a)(3) added; interim; eff. in part 10-
        13-09.......................................................3377
    Regulation at 74 FR 3377 confirmed in part; (a)(3) revised.....52418
155.360 Heading revised; (a) redesignated as (a)(1); (a)(2) added; 
        interim; eff. in part 10-13-09..............................3377
    Regulation at 74 FR 3377 confirmed in part; (a)(2) revised.....52418
155.370 (a)(4) added; interim; eff. 10-13-09........................3377
    Regulation at 74 FR 3377 confirmed; (a)(4) revised.............52418
155.380 Revised; interim............................................3377
    Regulation at 74 FR 3377 confirmed.............................52418
155.710 (a)(2), (f) and (g) amended; (e)(1) revised................11212
155.815 (b) amended................................................11212
155.1020 Amended...................................................45026
155.1035 (c)(5)(i) and (i)(9) revised; (i)(10) and (11) added......45027
155.1040 (j)(9) revised; (j)(10) and (11) added....................45027
155.1050 (j) removed; (k) through (p) redesignated as new (j) and 
        (m) through (q); new (q) revised; new (k) and (l) added....45028
155.1070 (i) added.................................................45029
155.1130 (h) amended...............................................27441
155.4020 (a) and (c)(1) amended....................................45029
155.4030 (b) table corrected........................................7648
155 Appendix B amended.............................................45029
156.210 (d) amended................................................11212
157 Authority citation revised......................................3378
    Regulation at 74 FR 3378 confirmed.............................52418
157.02 Revised; interim.............................................3378
    Regulation at 74 FR 3378 confirmed.............................52418
157.03 Amended; interim.............................................3378
    Regulation at 74 FR 3378 confirmed.............................52418
157.11 (b)(2)(iii) amended; interim.................................3378
    Regulation at 74 FR 3378 confirmed.............................52418
157.12 Revised; interim.............................................3378
    Regulation at 74 FR 3378 confirmed.............................52418
157.12a Added; interim..............................................3379
    Regulation at 74 FR 3379 confirmed.............................52418
157.12b Added; interim..............................................3379
    Regulation at 74 FR 3379 confirmed.............................52418
157.12c Added; interim..............................................3379
    Regulation at 74 FR 3379 confirmed.............................52418
157.12d Added; interim..............................................3379
    Regulation at 74 FR 3379 confirmed.............................52418
157.12e Added; interim..............................................3379
    Regulation at 74 FR 3379 confirmed.............................52418
157.12f Added; interim..............................................3379
    Regulation at 74 FR 3379 confirmed.............................52418
157.12g Added; interim..............................................3379
    Regulation at 74 FR 3379 confirmed.............................52418
157.22 Amended.....................................................27441
157.37 (a)(6) introductory text, (c) and (d) amended; interim.......3382
    Regulation at 74 FR 3382 confirmed.............................52418
157.39 (b)(3) revised; interim......................................3382
    Regulation at 74 FR 3382 confirmed.............................52418
157.43 (a) introductory text and (b) introductory text amended; 
        interim.....................................................3382
    Regulation at 74 FR 3382 confirmed.............................52418
157 Appendix F removed; interim.....................................3382
    Regulation at 74 FR 3382 confirmed.............................52418
160.113 (b)(4) amended.............................................11212
160.300--160.320 (Subpart D) Added.................................19140
161.40 (b) and (c) table amended...................................27441
162 Authority citation revised.....................................11212
162.5 Added........................................................11212
162.130 (c) amended................................................11213
163.01 (b) amended.................................................11213
163.03 Added.......................................................11213
164.13 (b) amended; (c) revised....................................11213
164.70 Amended.....................................................11213
165 Temporary regulations list................38524, 43050, 52139, 62239
    Regulation at 74 FR 62239 corrected............................68155
165.3 Added........................................................11213
165.115 (a) revised................................................50925

[[Page 1002]]

165.116 (b) removed; (c) redesignated as new (b)...................27441
165.120 (b)(1) amended.............................................11213
    (a) and (b)(4) introductory text revised.......................27441
165.130 (a) revised.................................................7191
165.153 (d)(6) and (7) amended.....................................11213
165.156 Added......................................................57887
165.160 Removed.....................................................7191
165.169 (a)(3), (6) and (12) revised; (a)(13) through (17) added; 
        (b)(3), (4), (5) and (c) removed............................7191
165.180 Added; interim.............................................46013
    Removed........................................................58213
165.506 Revised....................................................15848
165.556 Added......................................................28611
165.775 Added......................................................14728
165.776 Added.......................................................9769
165.777 Added......................................................15856
165.778 Added; interim.............................................14049
165.810 (f)(1) amended.............................................11213
165.836 (a), (c) and (d)(1) amended; (e) revised...................22102
165.923 Suspended (temporary); interim..............................6357
    Suspended (temporary).....................49819, 58549, 61282, 65442
165.931 Implementation (temporary)....13118, 25665, 28165, 37933, 47729, 
                                                            52686, 65438
165.933 Implementation (temporary).................................21550
165.935 Implementation (temporary).................................37935
165.939 (a)(10) and (12) implementation (temporary)................29131
    Implementation in part (temporary).............................33922
165.941 Implementation in part (temporary).........................35124
165.1102 Revised...................................................50708
165.1191 Implementation (temporary)...........23112, 23113, 29422, 29947
165.1310 (f)(2) amended............................................11213
165.1312 Implementation (temporary)................................19878
165.1315 (a)(15) through (24) added; (b) and (c) revised...........68161
165.1318 Implementation (temporary)................................32083
165.1322 Added......................................................5988
165.1323 Added......................................................5991
165.1324 Added; interim............................................42028
    Regulation at 74 FR 42028 confirmed............................65020
165.1325 Added.....................................................59101
165.1407 (c)(2) amended............................................27442
165.T01-0422 Added (temporary).....................................31353
    Added (temporary)..............................................31368
165.T01-0424 Added (temporary).....................................26299
165.T01-0512 Added (temporary).....................................29425
165.T01-0523 Added (temporary).....................................41042
165.T01-0524 Added (temporary).....................................41047
165.T01-0526 Added (temporary).....................................32078
165.T01-0644 Added (temporary).....................................41336
165.T01-0685 Added (temporary).....................................38920
165.T01-0755 Added (temporary); interim............................48657
165.T01-0895 Added (temporary).....................................53887
165.T01-1026 Regulation at 73 FR 79366 confirmed...................12091
165.T01-1272 Added (temporary)......................................7820
    Revised (temporary).....................................14731, 22830
165.T05-0064 Added (temporary).....................................22832
165.T05-0129 Added (temporary)......................................8755
165.T05-0217 Added (temporary).....................................17907
165.T05-0225 Added (temporary).....................................17398
165.T05-0263 Added (temporary).....................................19425
165.T05-0274 Added (temporary).....................................35124
165.T05-0405 Added (temporary).....................................30466
165.T05-0489 Added (temporary).....................................31371
165.T05-0529 Added (temporary).....................................47872
165.T05-0565 Added (temporary).....................................35122
165.T05-0568 Added (temporary).....................................34250
165.T05-0949 Added (temporary).....................................58552
165.T05-0956 Added (temporary).....................................57417
165.T05-0985 Added (temporary).....................................62493

[[Page 1003]]

165.T05-1067 Added (temporary).....................................68688
165.T05-1198 Added (temporary)......................................8006
165.T07-0179 Added (temporary).....................................19143
165.T08-0005 Added (temporary).....................................13343
165.T08-0016 Added (temporary).....................................20587
165.T08-0175 Added (temporary).....................................20590
165.T08-0191 Added (temporary).....................................27936
165.T08-0310 Added (temporary).....................................28616
165.T08-0317 Added (temporary).....................................46369
165.T08-0359 Added (temporary).....................................43062
165.T08-0561 Added (temporary).....................................45122
165.T09-0089 Added (temporary).....................................23795
165.T09-0110 Added (temporary).....................................29131
165.T09-0240 Added (temporary).....................................17904
165.T09-0343 Added (temporary).....................................23797
165.T09-0399 Added (temporary); interim............................32083
165.T09-0462 Added (temporary).....................................28165
165.T09-0477 Added (temporary).....................................29136
165.T09-0478 Added (temporary).....................................29133
165.T09-0483 Added (temporary).....................................29430
165.T09-0594 Added (temporary).....................................41045
165.T09-0646 Added (temporary).....................................44757
165.T09-0649 Added (temporary).....................................35805
165.T09-0767 Added (temporary).....................................43059
165.T09-0789 Added (temporary).....................................45322
165.T09-0884 Added (temporary).....................................49819
165.T09-0942 Added (temporary).....................................58549
    Removed (temporary)............................................61282
165.T09-1004 Added (temporary).....................................61282
165.T09-1052 Added (temporary).....................................65442
165.T09-1247 Added (temporary); interim.............................6357
    Suspended (temporary)...................................43059, 45322
    Removed........................................................49819
165.T11-132 Added (temporary).......................................2375
165.T11-138 Added (temporary)......................................19423
165.T11-140 Added (temporary)......................................26788
165.T11-145 Added (temporary)......................................37935
165.T11-148 Added (temporary).......................................8009
165-T11-149 Added (temporary).......................................9958
165.T11-153 Added (temporary)......................................17086
165.T11-156 Added (temporary)......................................18992
165.T11-159 Added (temporary)......................................22686
165.T11-160 Added (temporary)......................................22692
165.T11-161 Added (temporary)......................................22690
165.T11-162 Added (temporary)......................................26091
165.T11-166 Added (temporary)......................................36400
165.T11-167 Added (temporary)......................................27934
165.T11-168 Added (temporary)......................................26786
165.T11-169 Added (temporary)......................................27940
165.T11-173 Added (temporary)......................................18297
165.T11-175 Added (temporary)......................................17603
165.T11-176 Added (temporary)......................................26956
165.T11-179 Added (temporary)......................................24703
165.T11-182 Added (temporary)......................................45324
165.T11-183 Added (temporary)......................................18294
165.T11-184 Added (temporary)......................................27938
165.T11-185 Added (temporary)......................................23631
165.T11-186 Added (temporary)......................................24698
165.T11-187 Added (temporary)......................................26784
165.T11-190 Added (temporary)......................................38918
165.T11-191 Added (temporary)......................................22688
165.T11-194 Added (temporary)......................................24701
165.T11-195 Added (temporary)......................................26089
165.T11-198 Added (temporary)......................................28613
165.T11-200 Added (temporary)......................................29427
165.T11-201 Added (temporary)......................................46015
165.T11-204 Added (temporary)......................................39217
165.T11-205 Added (temporary)......................................29822
165-T11.207 Added (temporary)......................................34248
165.T11-210 Added (temporary)......................................32080
165.T11-213 Added (temporary)......................................35807
165.T11-222 Added (temporary)......................................65691
165-T11-223 Added (temporary)......................................38531
165.T11-224 Added (temporary)......................................36610
165.T11-227 Added (temporary)......................................57889
165.T11-232 Added (temporary)......................................47875
165.T11-233 Added (temporary)......................................47877
165.T11-237 Added (temporary)......................................51466
165.T11-238 Added (temporary)......................................53412
165-T11-243 Added (temporary)......................................54484
165.T11-249 Added (temporary)......................................57072

[[Page 1004]]

165.T11-252 Added (temporary)......................................62702
165.T11-253 Added (temporary)......................................62704
165.T13-092 Added (temporary)......................................40735
165.T13-095 Added (temporary)......................................34245
165.T13-107 Added (temporary)......................................46493
165.T13-114 Added (temporary)......................................60159
165.T13-123 Added (temporary)......................................64615
165.T14-184 Added (temporary)......................................20413
165.T0149 Added (temporary)........................................20415
165.T818 Added (temporary).........................................13345
169.1 Note added...................................................27442

                                  2010

    (Regulations published from January 1, 2010 through July 1, 2010)

33 CFR
                                                                   75 FR
                                                                    Page
Chapter I
126.5 (a) amended..................................................36283
127 Authority citation revised.....................................29426
127.001 (c) and (e) amended........................................29426
127.003 (a) amended................................................36283
127.007 Revised (OMB number pending)...............................29426
127.009 Revised....................................................29427
127.015 (c)(1) amended.............................................36283
128.120 (a) amended................................................36283
135.305 (a)(1) amended.............................................36283
138 Regulation at 74 FR 31368 confirmed..............................750
138.200--138.240 (Subpart B) Regulation at 74 FR 31368 confirmed 
                                                                     750
140.7 (a) amended..................................................36283
140.15 (b) amended.................................................36283
141.20 (c) amended.................................................36283
144.30-5 (a) amended...............................................36283
147.847 Added......................................................19882
147.T001 Added (temporary).........................................18407
147.T08-849 Added (temporary)...............................26093, 32275
148 Nomenclature change............................................36284
148.5 Amended......................................................36284
148.115 (a) amended................................................36284
149 Nomenclature change............................................36284
150 Nomenclature change............................................36284
151.27 (b) amended.................................................36284
151.66 (c)(3)(iv)(C) amended.......................................36284
151.1012 (a) introductory text amended.............................36284
151.1021 (b)(1) amended............................................36284
151.1510 (a)(3) amended............................................36284
153.203 Amended....................................................36284
153.411 Amended....................................................36284
154.106 (a) amended................................................36285
154.800 (b) amended................................................36285
154.802 Amended....................................................36285
154.806 (b) introductory text, (d) and note amended................36285
154.822 (a)(2) and (b) amended.....................................36285
154.826 (a)(3) amended.............................................36285
154.828 (a)(3) amended.............................................36285
154.1075 (d) amended...............................................36285
154.T150 Added; interim (temporary)................................37719
154 Appendices A and C amended.....................................36285
155.140 (a) amended................................................36285
155.230 (b)(3) amended.............................................36285
155.1020 Amended...................................................36285
155.1035 (b)(5) introductory text, (e)(6)(i) and (ii) amended......36285
155.1040 (e)(5)(i) and (ii) amended................................36285
155.1065 (a) and (h) amended.......................................36285
155.1070 (f) introductory text amended.............................36285
155.4030 (g) amended...............................................36285
155.4035 (b)(1) revised............................................36285
155.T150 Added; interim (temporary)................................37719
155 Appendix B amended.............................................36285
156.111 (a) amended................................................36285
156.210 (b) amended................................................36285
157.02 (a) amended.................................................36286
157.04 (b) and (d)(5) amended......................................36286
157.06 (c) amended.................................................36286
157.100 (b) amended................................................36286
157.102 Introductory text amended..................................36286
157.144 (a) amended................................................36286
157.147 (a) amended................................................36286
157.200 (b) amended................................................36286
157.208 Amended....................................................36286
157.302 (a) amended................................................36286
157.306 (c) amended................................................36286
157 Appendix A amended.............................................36286
158 Authority citation revised.....................................36286
158.160 (e) introductory text amended..............................36286
158.190 (c)(1) amended.............................................36286
159.4 (a) amended..................................................36286
159.12 (c) introductory text amended...............................36286
159.15 (a) introductory text and (c) amended.......................36286
159.17 (a) and (c) amended.........................................36286
159.19 (a) amended.................................................36286
160.3 Amended......................................................36286
160.5 (d) amended..................................................36287
160.7 (d) amended..................................................36287

[[Page 1005]]

164.03 (a) amended.................................................36287
164.41 (a)(3) amended..............................................36287
164.72 (a)(4)(i) amended...........................................36287
165 Authority citation revised.....................................36287
165.122 Revised....................................................15347
165.151 Implementation (temporary).................................35651
165.769 Regulation at 73 FR 30562 corrected; added; interim.........4490
    Correctly added; CFR correction.................................6096
165.805 Revised....................................................18757
165.814 (a)(5) revised..............................................8493
    (a)(5)(vi) added; (b) removed; (c) redesignated as new (b); 
new (b)(2) revised.................................................11002
165.818 Added.......................................................8490
165.837 Added; interim.............................................13436
165.838 Added; interim.............................................32279
165.923 Suspended (temporary)........................................759
165.929 (a)(15)(i), (52)(i) and (65)(i) revised; (a)(82) and (83) 
        added......................................................26652
165.931 Implementation (temporary)..........................21993, 34365
165.935 Implementation (temporary)..........................22234, 34361
165.941 (a)(50) through (56) added.................................32668
    Implementation (temporary).....................................35648
165.1141 Added.....................................................28198
    165.1191 Implementation (temporary)..........................35649--
                                                                   35652
165.1315 Implementation (temporary)................................33506
165.1319 Implementation (temporary)................................23589
165.1325 (a)(12) correctly revised; (c)(1)(iii), (3)(ii) 
        introductory text, (4)(iii) introductory text and (5)(ii) 
        introductory text correctly amended........................10688
    (a)(12) corrected..............................................18055
165.1326 Added.....................................................20525
165.1327 Added; interim.............................................1712
    Revised........................................................28204
165.1328 Added; interim.............................................1709
    Revised........................................................27640
165.1332 Added.....................................................33700
    Implementation (temporary).....................................38021
165.1412 Added; interim............................................33704
165.T01-0009 Added (temporary)......................................8488
165.T01-0176 Added (temporary); interim............................22231
165.T01-0239 Added (temporary).....................................25768
165.T01-0315 Added (temporary).....................................32285
165.T01-0519 Added (temporary).....................................35301
165.T01-0542 Added (temporary).....................................34932
165.T01-1072 Added (temporary)......................................3375
165.T05-0023 Added (temporary).....................................29662
165.T05-0050 Added (temporary).....................................20778
165.T05-0091 Added (temporary).....................................34367
165.T05-0120 Added (temporary).....................................12690
165.T05-0133 Added (temporary).....................................18060
165.T05-0158 Added (temporary).....................................30708
165.T05-0179 Added (temporary).....................................18058
165.T05-0256 Added (temporary).....................................21166
    Corrected (temporary)..........................................23593
165.T05-0257 Added (temporary).....................................34642
165.T05-0293 Added (temporary).....................................34640
165.T05-0294 Added (temporary).....................................34369
165.T05-0405 Added (temporary).....................................28759
165.T05-0454 Added (temporary).....................................34374
165.T05-0477 Added (temporary).....................................34001
165.T05-0478 Added (temporary).....................................34936
165.T05-0571 Added (temporary).....................................37722
165.T05-1130 Added (temporary); interim.............................3861
165.T07-0078 Added (temporary)......................................5513
165.T09-0073 Added (temporary).....................................33508
165.T09-0124 Added (temporary).....................................24404
165.T09-0166 Added; interim (temporary)............................26097
165.T09-0174 Added (temporary).....................................30710

[[Page 1006]]

165.T09-0177 Added (temporary).....................................22233
165.T09-0198 Added (temporary).....................................16012
165.T09-0225 Added (temporary).....................................32665
165.T09-0235 Added (temporary).....................................34934
165.T09-0249 Added (temporary).....................................34371
165.T09-0250 Added (temporary).....................................34938
165.T09-0290 Added (temporary).....................................23592
165.T09-0333 Added (temporary).....................................27643
165.T09-0452 Added (temporary).....................................34364
165.T09-0470 Added (temporary).....................................34003
165.T09-0496 Added (temporary).....................................33996
165.T09-0497 Added (temporary).....................................34381
165.T09-0506 Added (temporary).....................................35298
165.T09-0512 Added (temporary).....................................35296
165.T09-0529 Added (temporary).....................................36293
165.T09-1004 Removed; interim........................................758
165.T09-1080 Added (temporary); interim..............................759
    (a)(1) and (b)(1) revised; (b)(2)(ii)(J) and (K) added; 
interim (temporary)................................................36291
165.T10-0271 Added (temporary).....................................21992
165.T11-179 Added (temporary)......................................26100
165.T11-281 Added (temporary)......................................13234
165.T11-283 Added (temporary).......................................2440
165.T11-284 Added (temporary)......................................29429
165.T11-286 Added (temporary)......................................15612
165.T11-289 Added (temporary).......................................8806
165.T11-295 Added (temporary)......................................22699
165.T11-296 Added (temporary)......................................19252
165.T11-297 Added (temporary)......................................19248
165.T11-298 Added (temporary)......................................20921
165.T11-303 Added (temporary)......................................19884
165.T11-304 Added (temporary)......................................19250
165.T11-306 Added (temporary)......................................25113
165.T11-308 Added (temporary)......................................27434
165.T11-314 Added (temporary)......................................33696
165.T11-315 Added (temporary)......................................29660
165.T11-316 Added (temporary)......................................34638
165.T11-320 Added (temporary)......................................33172
165.T11-324 Added (temporary)......................................34376
165.T11-325 Added (temporary)......................................34378
165.T13-127 Added (temporary).......................................2079
165.T13-132 Added (temporary)......................................14074
165.T13-136 Added (temporary)......................................20780
165.T13-137 Added (temporary)......................................35972
165.T13-139 Added (temporary)......................................24801
165.T13-140 Added (temporary)......................................26650
165.T13-143 Added (temporary)......................................35970
165.T13-144 Added (temporary)......................................28202
165.T13-146 Added (temporary)......................................32857
165.T13-147 Added (temporary)......................................33698
    (a) corrected (temporary)......................................37722
165.T13-148 Added (temporary)......................................33693
165.T13-149 Added (temporary)......................................33999
165.T13-150 Added (temporary)......................................34929
165.T14-199 Added (temporary)......................................14495
165.T14-204 Added (temporary)......................................38021
167 Port access route study........................................17562
167.151 (a) revised................................................36287
167.153 Heading revised............................................36287
167.155 (c) note removed...........................................36287
169.15 (a) amended.................................................36287
174.7 Amended......................................................36287
174.121 Amended....................................................36287
174.125 Amended....................................................36287
179.19 (a) amended.................................................36287
181.4 (a) amended..................................................36287
181.31 (a) and (b) amended.........................................36287
181.33 (b) amended.................................................36287
183.5 (a) amended..................................................36288
183.607 (a) introductory text amended..............................36288


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