[Title 33 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2017 Edition]
[From the U.S. Government Publishing Office]



[[Page i]]

          

          Title 33

Navigation and Navigable Waters


________________________

Parts 1 to 124

                         Revised as of July 1, 2017

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2017
                    Published by the Office of the Federal Register 
                    National Archives and Records Administration as a 
                    Special Edition of the Federal Register

[[Page ii]]

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[[Page iii]]




                            Table of Contents



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

  Title 33:
          Chapter I--Coast Guard, Department of Homeland 
          Security                                                   3
  Finding Aids:
      Table of CFR Titles and Chapters........................     701
      Alphabetical List of Agencies Appearing in the CFR......     721
      List of CFR Sections Affected...........................     731

[[Page iv]]





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

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

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

[[Page v]]



                               EXPLANATION

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

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

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

LEGAL STATUS

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

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, July 1, 2017), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
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inserted following the text.

OMB CONTROL NUMBERS

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

[[Page vi]]

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

PAST PROVISIONS OF THE CODE

    Provisions of the Code that are no longer in force and effect as of 
the revision date stated on the cover of each volume are not carried. 
Code users may find the text of provisions in effect on any given date 
in the past by using the appropriate List of CFR Sections Affected 
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Affected'' is published at the end of each CFR volume. For changes to 
the Code prior to the LSA listings at the end of the volume, consult 
previous annual editions of the LSA. For changes to the Code prior to 
2001, consult the List of CFR Sections Affected compilations, published 
for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.

``[RESERVED]'' TERMINOLOGY

    The term ``[Reserved]'' is used as a place holder within the Code of 
Federal Regulations. An agency may add regulatory information at a 
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used 
editorially to indicate that a portion of the CFR was left vacant and 
not accidentally dropped due to a printing or computer error.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
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This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
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    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
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this volume.

[[Page vii]]

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INQUIRIES

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    Oliver A. Potts,
    Director,
    Office of the Federal Register.
    July 1, 2017.







[[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, 2017. 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, Bonnie Fritts was Chief Editor. The Code of Federal 
Regulations publication program is under the direction of John Hyrum 
Martinez, assisted by Stephen J. Frattini.

[[Page 1]]



                TITLE 33--NAVIGATION AND NAVIGABLE WATERS




                   (This book contains parts 1 to 124)

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

chapter i--Coast Guard, Department of Homeland Security.....           1


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

[[Page 3]]



         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY




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


  Editorial Note: Nomenclature changes to chapter I appear by USCG-2005-
23172, 70 FR 75734, Dec. 21, 2005.

                          SUBCHAPTER A--GENERAL
Part                                                                Page
1               General provisions..........................           7
2               Jurisdiction................................          29
3               Coast Guard areas, districts, sectors, 
                    marine inspection zones, and Captain of 
                    the Port zones..........................          33
4               OMB control numbers assigned pursuant to the 
                    Paperwork Reduction Act.................          53
5               Coast Guard Auxiliary.......................          54
6               Protection and security of vessels, harbors, 
                    and waterfront facilities...............          62
8               United States Coast Guard Reserve...........          66
13              Decorations, medals, ribbons and similar 
                    devices.................................          67
17              United States Coast Guard general gift fund.          70
19              Waivers of navigation and vessel inspection 
                    laws and regulations....................          71
20              Rules of practice, procedure, and evidence 
                    for formal administrative proceedings of 
                    the Coast Guard.........................          74
23              Distinctive markings for Coast Guard vessels 
                    and aircraft............................          97
25              Claims......................................          98
26              Vessel bridge-to-bridge radiotelephone 
                    regulations.............................         109
27              Adjustment of civil monetary penalties for 
                    inflation...............................         112
                         SUBCHAPTER B--PERSONNEL
40              Cadets of the Coast Guard...................         116
45              Enlistment of personnel.....................         116
49              Payment of amounts due mentally incompetent 
                    Coast Guard personnel...................         117
50              Coast Guard Retiring Review Board...........         119
51              Coast Guard Discharge Review Board..........         121

[[Page 4]]

52              Board for Correction of Military Records of 
                    the Coast Guard.........................         126
53              Coast Guard whistleblower protection........         133
54              Allotments from active duty pay for certain 
                    support obligations.....................         137
55              Child development services..................         138
                    SUBCHAPTER C--AIDS TO NAVIGATION
60

[Reserved]

62              United States aids to navigation system.....         140
64              Marking of structures, sunken vessels and 
                    other obstructions......................         149
66              Private aids to navigation..................         152
67              Aids to navigation on artificial islands and 
                    fixed structures........................         160
70              Interference with or damage to aids to 
                    navigation..............................         174
72              Marine information..........................         175
74              Charges for Coast Guard aids to navigation 
                    work....................................         177
76              Sale and transfer of aids to navigation 
                    equipment...............................         178
              SUBCHAPTER D--INTERNATIONAL NAVIGATION RULES
                Special Note: Application of the 72 COLREGS 
                    to territories and possessions..........         180
80              COLREGS Demarcation Lines...................         181
81              72 COLREGS: Implementing Rules..............         198
82              72 COLREGS: Interpretative Rules............         200
                  SUBCHAPTER E--INLAND NAVIGATION RULES
83              Rules.......................................         201
84              Annex I: Positioning and Technical Details 
                    of Lights and Shapes....................         217
85

[Reserved]

86              Annex III: Technical Details of Sound Signal 
                    Appliances..............................         222
87              Annex IV: Distress Signals..................         223
88              Annex V: Pilot Rules........................         224
89              Inland navigation rules: Implementing rules.         225
90              Inland rules: Interpretative rules..........         228
               SUBCHAPTER F--VESSEL OPERATING REGULATIONS
95              Operating a vessel while under the influence 
                    of alcohol or a dangerous drug..........         229
96              Rules for thesafe operation of vessels and 
                    safety management systems...............         231

[[Page 5]]

97              Rules for the safe operation of vessels, 
                    stowage and securing of cargoes.........         244
                SUBCHAPTER G--REGATTAS AND MARINE PARADES
100             Safety of life on navigable waters..........         250
                     SUBCHAPTER H--MARITIME SECURITY
101             Maritime security: General..................         339
102

Maritime security: National maritime transportation security [Reserved]

103             Maritime security: Area maritime security...         357
104             Maritime security: Vessels..................         361
105             Maritime security: Facilities...............         389
106             Marine security: Outer Continental Shelf 
                    (OCS) facilities........................         418
107             National vessel and facility control 
                    measures and limited access areas.......         437
                        SUBCHAPTER I--ANCHORAGES
109             General.....................................         442
110             Anchorage regulations.......................         443
                          SUBCHAPTER J--BRIDGES
114             General.....................................         557
115             Bridge locations and clearances; 
                    administrative procedures...............         559
116             Alteration of unreasonably obstructive 
                    bridges.................................         563
117             Drawbridge operation regulations............         568
118             Bridge lighting and other signals...........         685
                    SUBCHAPTER K--SECURITY OF VESSELS
120             Security of passenger vessels...............         693
121-124

[Reserved]

[[Page 7]]



                          SUBCHAPTER A_GENERAL





PART 1_GENERAL PROVISIONS--Table of Contents



                  Subpart 1.01_Delegation of Authority

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

                         Subpart 1.05_Rulemaking

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

    Subpart 1.07_Enforcement; Civil and Criminal Penalty Proceedings

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

     Subpart 1.08_Written Warnings by Coast Guard Boarding Officers

1.08-1 Applicability.
1.08-5 Procedures.

             Subpart 1.10_Public Availability of Information

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

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

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

     Subpart 1.25_Fees and Charges for Certain Records and Services

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

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

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

    Editorial Note: Nomenclature changes to part 1 appear by USCG-2010-
0351, 75 FR 36277, June 25, 2010.



                  Subpart 1.01_Delegation of Authority

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

[[Page 8]]



Sec.  1.01-1  District Commander.

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

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



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

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

[CGFR 48-72, 13 FR 9330, Dec. 31, 1948, as amended by USCG-1998-3799, 63 
FR 35525, June 30, 1998; USCG-2006-25535, 72 FR 7929, Feb. 22, 2007; 
USCG-2009-0314, 74 FR 30937, June 29, 2009]



Sec.  1.01-30  Captains of the Port.

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

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



Sec.  1.01-40  Delegation to the Vice Commandant.

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

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

[[Page 9]]



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

    The Commandant redelegates to the District Commander, Seventeenth 
Coast Guard District, the authority in 46 U.S.C. 3302(i)(1) to issue 
permits to certain vessels transporting cargo, including bulk fuel, from 
one place in Alaska to another place in Alaska.

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



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

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

[CGD 80-099, 46 FR 38353, July 27, 1981; 46 FR 42268, Aug. 20, 1981, as 
amended by CGD 88-052, 53 FR 25119, July 1, 1988; CGD 96-026, 61 FR 
33662, June 28, 1996; CGD 97-023, 62 FR 33361, June 19, 1997; USCG-2010-
0351, 75 FR 49410, Aug. 13, 2010; USCG-2011-0257, 76 FR 31833, June 2, 
2011]



Sec.  1.01-70  CERCLA delegations.

    (a) For the purpose of this section, the definitions in section 101 
of the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980 (Pub. L. 96-510), as amended by the Superfund Amendments and 
Reauthorization Act of 1986 (Pub. L. 99-499), apply. The Act, as 
amended, is referred to in this section as CERCLA.
    (b) The Assistant Commandant for Marine Safety, Security and 
Environmental Protection (CG-5) is delegated authority to take remedial 
action involving vessels under section 104 of CERCLA.
    (c) Each Maintenance and Logistics Commander is delegated contract 
authority, consistent with each memorandum of understanding between the 
Coast Guard and the Environmental Protection Agency regarding CERCLA 
funding mechanisms, for the purpose of carrying out response actions 
pursuant to CERCLA sections 104(a), 104(b), 104(f), 104(g), 105(f), and 
122.
    (d) Each district commander is delegated authority as follows:
    (1) Authority, pursuant to CERCLA section 106(a), to determine an 
imminent and substantial endangerment to the public health or welfare or 
the environment because of an actual or threatened release of a 
hazardous substance from a facility, and to secure such relief as may be 
necessary to abate such danger or threat through the United States 
attorney of the district in which the threat occurs.
    (2) Authority, pursuant to section 109 of CERCLA, to assess 
penalties relating to violations of sections 103 (a) and (b) pertaining 
to notification requirements, section 108 pertaining to financial 
responsibility for release of hazardous substances from vessels, and 
section 122 pertaining to administrative orders and consent decrees.

[[Page 10]]

    (3) Authority, pursuant to section 108 of CERCLA, to deny entry to 
any port or place in the United States or to the navigable waters of the 
United States and detain at any port or place in the United States any 
vessel subject to section 108(a) of CERCLA that, upon request, does not 
provide evidence of financial responsibility.
    (e) Subject to the provisions of Executive Order 12580, and 
paragraph (g) of this section, each Coast Guard official, predesignated 
as an On-Scene Coordinator, is delegated authority as follows:
    (1) Authority, pursuant to CERCLA sections 104(a), 104(b), 104(c) 
and consistent with the National Contingency Plan, to remove or arrange 
for the removal of releases and threatened releases of hazardous 
substances, and of pollutants or contaminants which may present an 
imminent and substantial danger to the public health or welfare.
    (2) Authority, pursuant to CERCLA section 104(i)(11), to take such 
steps as may be necessary to reduce exposure that presents a significant 
risk to human health, and to eliminate or substantially mitigate that 
significant risk to human health.
    (3) Authority, pursuant to CERCLA section 106(a), to issue orders to 
protect the public health and welfare and the environment whenever that 
official determines that a release or threatened release of a hazardous 
substance from a facility may present an imminent and substantial 
endangerment to the public health or welfare or the environment.
    (4) Authority, pursuant to CERCLA section 104(e), except section 
104(e)(7)(C), to enter establishments or other places where hazardous 
substances are or have been generated, stored, treated, disposed of, or 
transported from to inspect and obtain records, reports, samples and 
information in support of the response functions delegated in paragraphs 
(d), (e)(1), (e)(2), and (e)(3) of this section.
    (5) Authority, pursuant to CERCLA section 122, to enter into an 
agreement with any person (including the owner or operator of the vessel 
or facility from which a release or substantial threat of release 
emanates, or any other potential responsible person), to perform any 
response action, provided that such action will be done properly by such 
person.
    (f) Except for the authority granted in paragraphs (d)(1) and (e)(1) 
of this section, each Coast Guard official to whom authority is granted 
in this section may redelegate and authorize successive redelegations of 
that authority. The authority granted in paragraph (e)(3) of this 
section may only be redelegated to commissioned officers.
    (g) The response authority described in paragraph (e)(1) of this 
section does not include authority to--
    (1) Summarily remove or destroy a vessel; or
    (2) Take any other action that constitutes intervention under 
CERCLA, the Intervention on the High Seas Act (33 U.S.C. 1471 et. seq.), 
or other applicable laws. ``Intervention'' means any detrimental action 
taken against the interest of a vessel or its cargo without the consent 
of the vessel's owner or operator.

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



Sec.  1.01-80  FWPCA and OPA 90 delegations.

    (a) This section delegates authority to implement provisions of 
section 311 of the Federal Water Pollution Control Act (FWPCA), as 
amended [33 U.S.C. 1321] and provisions of the Oil Pollution Act of 1990 
(OPA 90). The definitions in subsection (a) of section 311 of the FWPCA 
and section 1001 of OPA 90 [33 U.S.C. 2701] apply.
    (b) The Assistant Commandant for Marine Safety, Security and 
Environmental Protection, is delegated authority to require the owner or 
operator of a facility to establish and maintain such records, make such 
reports, install, use, and maintain such monitoring equipment and 
methods, and provide such other information as may be required to carry 
out the objectives of section 311 of the FWPCA [33 U.S.C. 1321].
    (c) Each District and Area Commander is delegated authority within 
the Commander's assigned district or area to--

[[Page 11]]

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

[[Page 12]]

    (5) Acting to mitigate the damage to the public health or welfare 
caused by a discharge of oil or a hazardous substance.
    (e) The authority described in paragraph (d) of this section does 
not include the authority to--
    (1) Remove or destroy a vessel; or
    (2) Take any other action that constitutes intervention under the 
Intervention on the High Seas Act [33 U.S.C. 1471, et seq.] or other 
applicable laws. For purposes of this section, ``intervention'' means 
any detrimental action taken against the interest of a vessel or its 
cargo without the consent of the vessel's owner or operator.

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



Sec.  1.01-85  Redelegation.

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

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



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

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

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



                         Subpart 1.05_Rulemaking

    Authority: 5 U.S.C. 552, 553, App. 2; 14 U.S.C. 2, 631, 632, and 
633; 33 U.S.C. 471, 499; 49 U.S.C. 101, 322; Department of Homeland 
Security Delegation No. 0170.1.

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



Sec.  1.05-1  Delegation of rulemaking authority.

    (a) The Secretary of Homeland Security is empowered by various 
statutes to issue regulations regarding the functions, powers and duties 
of the Coast Guard.
    (b) The Secretary of Homeland Security has delegated much of this 
authority to the Commandant, U.S. Coast Guard, including authority to 
issue regulations regarding the functions of the Coast Guard and the 
authority to redelegate and authorize successive redelegations of that 
authority within the Coast Guard.
    (c) The Commandant has reserved the authority to issue any rules and 
regulations determined to be significant under Executive Order 12866, 
Regulatory Planning and Review.
    (d) The Commandant has redelegated the authority to develop and 
issue those regulations necessary to implement laws, treaties and 
Executive Orders to the Assistant Commandant for Marine Safety, Security 
and Stewardship (CG-5). The Commandant further redelegates this same 
authority to the Director, National Pollution Fund Center (Director, 
NPFC) for those regulations within the Director, NPFC area of 
responsibility.
    (1) The Assistant Commandant for Marine Safety, Security, and 
Stewardship may further reassign the delegated authority of this 
paragraph to:
    (i) Any Director within the CG-5 Directorate as appropriate; or
    (ii) Any other Assistant Commandant as appropriate.
    (2) The authority redelegated in paragraph (d) of this section is 
limited to those regulations determined to be nonsignificant within the 
meaning of Executive Order 12866.
    (e)(1) The Commandant has redelegated to the Coast Guard District 
Commanders, with the reservation that this authority must not be further 
redelegated except as specified in paragraph (i) below, the authority to 
issue regulations pertaining to the following:
    (i) Anchorage grounds and special anchorage areas.
    (ii) The designation of lightering zones.
    (iii) The operation of drawbridges.

[[Page 13]]

    (iv) The establishment of Regulated Navigation Areas.
    (v) The establishment of safety and security zones.
    (vi) The establishment of special local regulations.
    (vii) The establishment of inland waterways navigation regulations.
    (2) This delegation does not extend to those matters specified in 
paragraph (c) of this section or rules and regulations which have been 
shown to raise substantial issues or to generate controversy.
    (f) Except for those matters specified in paragraph (c) of this 
section, the Commandant has redelegated to Coast Guard Captains of the 
Port, with the reservation that this authority must not be further 
redelegated, the authority to establish safety and security zones.
    (g) The Commandant has redelegated to Coast Guard District 
Commanders, Captains of the Port, the Deputy Commandant for Operations 
(CG-DCO), and the Assistant Commandant for Marine Safety, Security and 
Stewardship, the authority to make the certification required by section 
605(b) of the Regulatory Flexibility Act (Sec. 605(b), Pub. L. 96-354, 
94 Stat. 1168 (5 U.S.C. 605)) for rules that they issue.
    (h) The Chief, Office of Regulations and Administrative Law (CG-
0943), has authority to develop and issue those regulations necessary to 
implement all technical, organizational, and conforming amendments and 
corrections to rules, regulations, and notices.
    (i) The Commandant has redelegated to the Coast Guard District 
Commanders the authority to redelegate in writing to the Captains of the 
Port (COTP), with the reservation that this authority must not be 
further redelegated, the authority to issue such special local 
regulations as the COTP deems necessary to ensure safety of life on the 
navigable waters immediately prior to, during, and immediately after 
regattas and marine parades.
    (j) The Commandant has redelegated to Coast Guard District 
Commanders the authority to redelegate in writing to the Coast Guard 
District Bridge Manager, with the reservation that this authority must 
not be further redelegated, the authority to issue temporary deviations 
from drawbridge operating regulations as the District Bridge Manager 
deems necessary.

[CGD 95-057, 60 FR 34148, June 30, 1995]

    Editorial Note: For Federal Register citations affecting Sec.  1.05-
1, see the List of CFR Sections Affected, which appears in the Finding 
Aids section of the printed volume and at www.fdsys.gov.



Sec.  1.05-5  Marine Safety and Security Council.

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

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



Sec.  1.05-10  Regulatory process overview.

    (a) Most rules of local applicability are issued by District 
Commanders, Captains of the Port, and District Bridge Managers while 
rules of wider applicability are issued by senior Coast Guard officials 
at Coast Guard Headquarters. For both significant rulemaking (defined by 
Executive Order 12866, Regulatory Planning and Review) and non-
significant rulemaking, other than those areas delegated to District 
Commanders, Captains of the Port, and District Bridge Managers the 
regulatory process begins when an office chief with program 
responsibilities identifies a possible need for a new regulation or for 
changes to an existing regulation. The need may arise due to statutory 
changes, or be based on internal review or public input. Early public 
involvement is strongly encouraged.
    (b) After a tentative significant regulatory approach is developed, 
a significant regulatory project proposal is submitted to the Marine 
Safety and Security Council for approval. The proposal describes the 
scope of the proposed regulation, alternatives considered, and potential 
cost and benefits, including possible environmental impacts. All 
significant regulatory projects require

[[Page 14]]

Marine Safety and Security Council approval.
    (c) Significant rulemaking documents must also be approved by the 
Commandant of the Coast Guard.
    (d) If the project is approved, the necessary documents are drafted, 
including documents to be published in the Federal Register. These may 
include regulatory evaluations, environmental analyses, requests for 
comments, announcements of public meetings, notices of proposed 
rulemakings, and final rules.

[CGD 95-057, 60 FR 34148, June 30, 1995, as amended by USCG-2003-14505, 
68 FR 9534, Feb. 28, 2003; USCG-2003-15404, 68 FR 37740, June 25, 2003; 
USCG-2008-0179, 73 FR 35001, June 19, 2008; USCG-2013-0397, 78 FR 39170, 
July 1, 2013]



Sec.  1.05-15  Public participation.

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



Sec.  1.05-20  Petitions for rulemaking.

    (a) Any member of the public may petition the Coast Guard to 
undertake a rulemaking action. There is no prescribed form for a 
petition for rulemaking, but the document should provide some supporting 
information as to why the petitioner believes the proposed rulemaking is 
necessary and the document should clearly indicate that it is a petition 
for rulemaking. Petitions should be addressed to the Commandant (CG-
0943), Attn: Executive Secretary, Marine Safety and Security Council, 
U.S. Coast Guard Stop 7213, 2703 Martin Luther King Jr. Avenue SE., 
Washington, DC 20593-7213.
    (b) The petitioner will be notified of the Coast Guard's decision 
whether to initiate a rulemaking or not. If the Coast Guard decides not 
to pursue a rulemaking, the petitioner will be notified of the reasons 
why. If the Coast Guard decides to initiate rulemaking, it will follow 
the procedure outlined in this subpart. The Coast Guard may publish a 
notice acknowledging receipt of a petition for rulemaking in the Federal 
Register.
    (c) Any petition for rulemaking and any reply to the petition will 
be kept in a public docket open for inspection.

[CGD 95-057, 60 FR 34148, June 30, 1995, as amended by USCG-2003-15404, 
68 FR 37740, June 25, 2003; USCG-2008-0179, 73 FR 35001, June 19, 2008; 
USCG-2014-0410, 79 FR 38427, July 7, 2014]



Sec.  1.05-25  Public docket.

    (a) A public docket is maintained electronically for each petition 
for rulemaking and each Coast Guard rulemaking project and notice 
published in the Federal Register. Each docket contains copies of every 
rulemaking document published for the project, public comments received, 
summaries of public meetings or hearings, regulatory assessments, and 
other publicly-available information. Members of the public may inspect 
the public docket and copy any documents in the docket. Public dockets 
for Coast Guard rulemakings are available electronically at http://
www.regulations.gov. To access a rulemaking, enter the docket number 
associated with rulemaking in the ``Search'' box and click ``Go 
.'' These documents are also kept at a

[[Page 15]]

Docket Management Facility maintained by the Department of 
Transportation, West Building, room W12-140, 1200 New Jersey Avenue, 
SE., Washington, DC 20590.
    (b) The public dockets for Coast Guard rulemaking activity initiated 
by Coast Guard District Commanders are available for public inspection 
at the appropriate Coast Guard District office or online at http://
www.regulations.gov. Paragraph (a) of this section describes how to 
access and view these documents.
    (c) The public dockets for Coast Guard rulemaking activity initiated 
by Captains of the Port are available for inspection at the appropriate 
Captains of the Port Office or online at http://www.regulations.gov. 
Paragraph (a) of this section describes how to access and view these 
documents.

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



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

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



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

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



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

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



Sec.  1.05-45  Interim rule.

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



Sec.  1.05-50  Final rule.

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



Sec.  1.05-55  Direct final rule.

    (a) A direct final rule may be issued to allow noncontroversial 
rules that are unlikely to result in adverse public comment to become 
effective more quickly.

[[Page 16]]

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

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



Sec.  1.05-60  Negotiated rulemaking.

    (a) The Coast Guard may establish a negotiated rulemaking committee 
under the Negotiated Rulemaking Act of 1990 and the Federal Advisory 
Committee Act (FACA) (5 U.S.C. App. 2) when it is in the public 
interest.
    (b) Generally, the Coast Guard will consider negotiated rulemaking 
when:
    (1) There is a need for a rule;
    (2) There are a limited number of representatives for identifiable 
parties affected by the rule;
    (3) There is a reasonable chance that balanced representation can be 
reached in the negotiated rulemaking committee and that the committee 
members will negotiate in good faith;
    (4) There is a likelihood of a committee consensus in a fixed time 
period;
    (5) The negotiated rulemaking process will not unreasonably delay 
the rule;
    (6) The Coast Guard has resources to do negotiated rulemaking; and
    (7) The Coast Guard can use the consensus of the committee in 
formulating the NPRM and final rule.



    Subpart 1.07_Enforcement; Civil and Criminal Penalty Proceedings

    Authority: 14 U.S.C. 633; 14 U.S.C. 92(e); 33 U.S.C. 1321(b)(6)(B); 
46 U.S.C. 2103; Department of Homeland Security Delegation 0701.1.

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



Sec.  1.07-1  Purpose.

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



Sec.  1.07-5  Definitions.

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

[[Page 17]]

or other association, or a governmental entity.

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



Sec.  1.07-10  Reporting and investigation.

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

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



Sec.  1.07-11  Notice of violation.

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

[[Page 18]]

Violation without processing the violation under the procedures 
described in 33 CFR 1.07-10(b).

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



Sec.  1.07-15  Hearing Officer.

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

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



Sec.  1.07-20  Initiation of action.

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



Sec.  1.07-25  Preliminary matters.

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

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

[[Page 19]]



Sec.  1.07-30  Disclosure of evidence.

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



Sec.  1.07-35  Request for confidential treatment.

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

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



Sec.  1.07-40  Counsel.

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



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

    (a) The hearing is normally held at the office of the Hearing 
Officer.
    (b) The Hearing Officer may transfer a case to another Hearing 
Officer on request or on the Hearing Officer's own motion.
    (c) A request for change of location of a hearing or transfer to 
another Hearing Officer must be in writing and state the reasons why the 
requested action is necessary or desirable. Action on the request is at 
the discretion of the Hearing Officer.

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



Sec.  1.07-50  Witnesses.

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

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



Sec.  1.07-55  Hearing procedures.

    (a) The Hearing Officer must conduct a fair and impartial proceeding 
in which the party is given a full opportunity to be heard. At the 
outset of the

[[Page 20]]

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



Sec.  1.07-60  Records.

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

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



Sec.  1.07-65  Hearing Officer's decisions.

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

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

[[Page 21]]



Sec.  1.07-70  Right to appeal.

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



Sec.  1.07-75  Action on appeals.

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

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



Sec.  1.07-80  Reopening of hearings.

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

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



Sec.  1.07-85  Collection of civil penalties.

    (a) Payment of a civil penalty may be made by check or postal money 
order payable to the U.S. Coast Guard.
    (b) Within 30 days after receipt of the Commandant's decision on 
appeal, or the Hearing Officer's decision in a case in which no appeal 
has been filed, the party must submit payment of any assessed penalty to 
the office specified in the assessment notice. Failure to make

[[Page 22]]

timely payment will result in the institution of appropriate action 
under the Federal Claims Collection Act and the regulations issued 
thereunder.
    (c) When a penalty of not more than $200 has been assessed under 
Chapter 43 or 123 of Title 46 U.S.C., the matter may be referred for 
collection of the penalty directly to the Federal Magistrate of the 
jurisdiction wherein the person liable may be found, for the institution 
of collection procedures under supervision of the district court, if the 
court has issued an order delegating such authority under section 636(b) 
of Title 28, United States Code.

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



Sec.  1.07-90  Criminal penalties.

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

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



Sec.  1.07-95  Civil and criminal penalties.

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

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



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

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

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



     Subpart 1.08_Written Warnings by Coast Guard Boarding Officers

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



Sec.  1.08-1  Applicability.

    (a) The regulations in this subpart apply to certain violations of 
the following statutes and regulations for which Coast Guard boarding 
officers are authorized to issue written warnings instead of 
recommending civil or

[[Page 23]]

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

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

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



Sec.  1.08-5  Procedures.

    (a) A written warning may be issued where the boarding officer 
determines that:
    (1) The observed violation is a first offense; and
    (2) The operator states that the violation will be promptly 
corrected.
    (b) A written warning may not be issued where:
    (1) The operator is required to be licensed or credentialed;
    (2) The violation is a failure to have required safety equipment on 
board; or
    (3) The boarding officer notes three or more violations during one 
boarding.
    (c) Each district office maintains a record of each written warning 
issued within that district for a period of not more than one year after 
date of issue except in cases involving violations of 33 CFR part 159 
marine sanitation devices, records of which are maintained by each 
district office for not more than three years after date of issue.
    (d) The district commander of the district in which the warning is 
issued may rescind a written warning and institute civil penalty action 
under Sec.  1.07-10 of this part if a record check discloses a prior 
written warning or violation issued within one year or in the case of a 
violation of 33 CFR part 159 a prior written warning or violation issued 
within three years.
    (e) Within 15 days after the date of issue, any person issued a 
written warning by a Coast Guard boarding officer may appeal the 
issuance of the warning to the district commander by providing in 
writing or in person any information that denies, explains, or mitigates 
the violations noted in the warning.
    (f) Each written warning shall indicate that:
    (1) The warning is kept on file for a period of not more than one 
year after date of issue or in the case of a violation of 33 CFR part 
159 a period of not more than three years for reference in determining 
appropriate penalty action if there is a subsequent violation;
    (2) If a record check reveals a prior written warning or violation 
within the time period designated in Sec.  1.08-5(d) of this part, the 
warning may be revoked and civil penalty action instituted;
    (3) If an additional violation occurs within the time period 
designated in Sec.  1.08-5(d) the warning may be used as a basis for the 
assessment of a higher penalty for the subsequent violation; and
    (4) Within 15 days after the date of issue, the person who is issued 
the warning may appeal to the District Commander by providing in writing 
or in person any information or material that denies, explains, or 
mitigates the violations noted in the warning.

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

[CGD 74-155, 41 FR 17894, Apr. 29, 1976, as amended by CGD 77-182, 43 FR 
22657, May 25, 1978; USCG-2006-25150, 71 FR 39208, July 12, 2006; USCG-
2006-24371, 74 FR 11211, Mar. 16, 2009]

[[Page 24]]



             Subpart 1.10_Public Availability of Information

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

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



Sec.  1.10-1  Official records and documents.

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



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

    (a) Each person desiring to inspect a record or document covered by 
this subpart that is located in Headquarters, or to obtain a copy of 
such a record or document, must make a written request to the Commandant 
(CG-61), Attn: Office of Information Management, U.S. Coast Guard Stop 
7710, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7710.
    (b) Each person desiring to inspect a record or document covered by 
this subpart that is located in a Coast Guard district, or to obtain a 
copy of such a record or document, must make a written request to the 
district commander in command of the district, or to the officer-in-
charge of the appropriate marine inspection zone. Coast Guard districts 
and marine inspection zones are listed in part 3 of this chapter.
    (c) If the person making the request does not know where in the 
Coast Guard the record or document is located, he may send his request 
to the Chief, Office of Information Management (CG-61), at the address 
in paragraph (a) of this section.

[CGD-73-54R, 38 FR 12396, May 11, 1973, as amended by CGD 96-026, 61 FR 
33662, June 28, 1996; USCG-2014-0410, 79 FR 38427, July 7, 2014]



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

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



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

    (a) The regulations in 49 CFR part 9 apply to the testimony of Coast 
Guard personnel, production of Coast Guard records, and service of 
process in legal proceedings.
    (b) Except for the acceptance of service of process or pleadings 
under paragraph (d) of this section and 49 CFR 9.19, the Legal Officer 
of each Maintenance and Logistics Command, each District Legal Officer, 
and the Legal Officer assigned to any other Coast Guard unit or command, 
for matters involving personnel assigned to their command, are delegated 
the functions of ``agency counsel'' described in 49 CFR part 9.
    (c) A request for a member or employee of the Coast Guard to 
testify, or for permission to interview such a member or employee, 
should be made to the Legal officer serving the command to which that 
member or employee is assigned, or, if the member or employee is serving 
at Coast Guard Headquarters, or with a command receiving legal services 
from the Judge Advocate General and Chief Counsel, U.S. Coast Guard (CG-
094), to the Chief, Office of Claims and Litigation (CG-0945). Should 
the member or employee no longer be employed by the Coast Guard, and the 
testimony or information sought falls within the provisions of 49 CFR 
part 9, the request should be made to the District Legal Officer serving 
the geographic area where the former member or employee resides or, if 
no District Legal Officer has geographic responsibility, to the Chief, 
Office of Claims and Litigation.
    (d) Process or pleadings in any legal proceeding concerning the 
Coast Guard may be served, at the option of the server, on the Judge 
Advocate General and Chief Counsel or the Deputy Judge Advocate General 
and Deputy Chief Counsel of the Coast Guard (CG-094)

[[Page 25]]

with the same effect as if served on the Commandant of the Coast Guard. 
The official accepting the service under this section acknowledges the 
service and takes further action as appropriate.

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

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



     Subpart 1.25_Fees and Charges for Certain Records and Services

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

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



Sec.  1.25-1  Purpose.

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

[CGFR 67-13, 32 FR 11211, Aug. 2, 1967, as amended by USCG-2006-24371, 
74 FR 11211, Mar. 16, 2009]



Sec.  1.25-30  Exceptions.

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

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

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



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

    The fees for services performed for the public, as prescribed in 
sections 552(a) (2) and (3) of title 5, United States Code, by the 
Department of Transportation are in subpart I of title 49, Code of 
Federal Regulations. The fee schedule for these services is contained in 
49 CFR 7.95. The applicable fees are imposed and collected by the Coast 
Guard as prescribed in 49 CFR 7.93.

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

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



Sec.  1.25-45  Special admeasurement services.

    If an admeasurer is assigned to measure or certify the tonnage of a 
vessel at the request of the owner thereof at a place other than a port 
of entry, a custom station, or port where an officer-in-charge, marine 
inspection, is located, the owner shall pay the admeasurer's:

[[Page 26]]

    (a) Pay based on the hourly rate for the grade or level of position 
held or the daily military compensation rate, as appropriate;
    (b) Travel expense based on the estimated cost of travel from and 
return to the nearest port of entry, customs station, or office of an 
officer-in-charge, marine inspection; and
    (c) Daily subsistence expense from the time he leaves his official 
duty station until he returns thereto.

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

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



Sec.  1.25-48  Oceanographic research.

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

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

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



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

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

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



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

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

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



Sec.  1.26-1  Purpose.

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



Sec.  1.26-5  Replacement of medals.

    (a) A medal, or a bar, emblem, or insignia in lieu thereof, that is 
lost, destroyed, or rendered unfit for use without fault or neglect on 
the part of the person to whom it was awarded by the Coast Guard is 
replaced without charge by the Coast Guard as authorized in 14 U.S.C. 
501.
    (b) A medal, a bar, emblem or insignia in lieu thereof, that is 
lost, destroyed, or rendered unfit for use due to the fault or neglect 
of the person to whom it was awarded, is replaced after the Coast Guard 
is reimbursed for its cost. Current prices may be obtained from 
Commander, Personnel Service Center (PSC-PSD-M&A), U.S. Coast Guard Stop 
7200, 4200 Wilson Boulevard Suite 1100, Arlington, VA 20598-7200.

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

[CGD 72-207R, 37 FR 25167, Nov. 28, 1972, as amended by CGD 85-077, 51 
FR 25366, July 14, 1986; CGD 96-026, 61 FR 33662, June 28, 1996; USCG-
2014-0410, 79 FR 38427, July 7, 2014]



Sec.  1.26-10  Sales to Coast Guard Auxiliary.

    (a) The provisions of Title 14, U.S. Code, section 891, authorizes 
the Coast

[[Page 27]]

Guard to furnish the Coast Guard Auxiliary such items as flags, 
pennants, uniforms, and insignia at actual cost.
    (b) Sales of the following items (when available) are permitted to 
members of the Auxiliary:
    (1) Auxiliary flags and pennants.
    (2) Uniforms.
    (3) Auxiliary insignia.

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



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

    (a) Authority. The provisions of Title 14, U.S. Code, section 
641(b), authorizes the Coast Guard to sell apparatus or equipment 
manufactured by or in use in the Coast Guard, which is not readily 
procurable in the open market. The provisions of Title 14, U.S. Code, 
section 654 (Pub. L. 86-159 approved Aug. 14, 1959), authorize the Coast 
Guard to sell supplies and furnish services to public and commercial 
vessels, and other watercraft. 49 U.S.C. 44502(d) authorizes the Coast 
Guard to provide for assistance, the sale of fuel, oil, equipment, and 
supplies, to an aircraft when necessary to allow the aircraft to 
continue to the nearest private airport.
    (b) Charges established by District Commander. The charges for 
supplies and services which may be normally expected to be furnished to 
persons, corporations, companies, vessels, and other watercraft, and 
non-Federal aircraft will vary between various geographical regions 
depending on local circumstances. The District Commander is hereby 
delegated authority to prescribe and he shall establish, in advance 
wherever practicable, the charges to be imposed and collected in various 
areas under his jurisdiction, which will be in accordance with the 
applicable general minimum terms and conditions in the laws and this 
section. In those cases where the charges have not been established in 
advance, the matter shall be priced on an individual basis, taking into 
consideration the facts and circumstances regarding the situation. The 
list(s) of charges established by the District Commander shall be 
available for reading and copying at the office of the issuing District 
Commander, which list(s) will be up-dated and reissued when necessary.
    (c) Sales to vessels and other watercraft. (1) The charges imposed 
for services are intended to permit repayment of costs involved in those 
instances where supplies and services are furnished to meet the 
necessities of the circumstances, and such vessels or watercraft are not 
within the scope of those distress services performed by the Coast 
Guard.
    (2) Charges for sales of supplies and/or furnishing of services are 
considered appropriate when the furnishing of food, fuel, general 
stores, or repairs to the vessel or its equipage are primarily for the 
convenience of the owner, master, or crew, and furnished at his or their 
request. It is not intended and the Coast Guard does not procure and 
stock equipment and supplies except as provided for in current 
instructions issued by competent authority.
    (3) Supplies provided and services performed will be of a limited 
nature consistent with the situation and within the capabilities of the 
Coast Guard unit concerned; provided this will not be in competition 
with commercial enterprise when such facilities are available and deemed 
adequate. It is not intended to permit the operators of vessels or 
watercraft to take advantage of the Government by demanding free 
supplies or services. Determination as to whether charges will be made 
is dependent upon the circumstances involved in each instance. The 
responsibility to make this determination rests with the District 
Commander who may delegate it to his subordinates.
    (4) The minimum charge for any supplies or services furnished to a 
vessel or other watercraft shall be $10. The prices for fuels and 
materials which may be sold will be at Coast Guard cost plus 20 percent 
or, if readily determinable, at the commercial price in the immediate 
operating area, whichever is higher. The charges for services furnished 
a vessel or watercraft will be an average cost equal to the full price, 
plus taxes, that a boat owner would pay a local commercial concern for 
such services.
    (5) The sales of supplies and services will be documented and will 
set forth

[[Page 28]]

the name, type, and identifying number of the vessel or watercraft 
receiving supplies or services; name and address of vessel's owner; and 
conditions under which it was determined to make a sale to the vessel or 
watercraft. Wherever possible, payment shall be obtained at the time 
supplies and services are furnished.
    (d) Sales of equipment not readily procurable on the open market. 
Charges imposed for sales of apparatus and equipment manufactured by or 
in use in the Coast Guard which, in the opinion of the Commandant (CG-
9), is not readily procurable in the open market, are subject to the 
following conditions:
    (1) The apparatus or equipment has not been reported as excess to 
the General Services Administration (if so reported, requests to 
purchase will be submitted by the Commandant (CG-9) to the General 
Services Administration); and,
    (2) The apparatus or equipment is not classified for security 
reasons or is not dangerous to the public health and safety; and,
    (3) The authorized buyers of this apparatus or equipment are 
foreign, State, or municipal governments or governmental units thereof; 
parties required to maintain private aids to navigation; contractors 
engaged on public works; and in other cases in which, in the judgment of 
the Commandant (FS), the public interest may be served; and,
    (4) The approved sales will be at prices determined by the 
Commandant (CG-9), which will include an overhead charge not to exceed 
25 percent of acquisition cost.
    (e) Sales to and storage of non-Federal aircraft. (1) Activities 
having the necessary supplies and facilities are authorized to furnish 
fuel, oil, equipment, supplies, mechanical services, temporary storage, 
or other assistance to any aircraft operated by State, municipal, or 
private enterprise in emergency cases. Complete engines, airplane wings, 
or other major items of equipment shall not be furnished without prior 
authority from the Commandant.
    (2) Aircraft damaged to the extent that major repairs are required 
may be given emergency storage at the request of the pilot, provided the 
necessary facilities are available. No such aircraft will be given a 
major or minor overhaul. Damaged aircraft may be stored in its original 
damaged condition. If aircraft requires extensive repairs, such as would 
include the replacing of major parts and such major parts cannot be made 
available or supplied within a reasonable length of time by the operator 
of such aircraft, then the aircraft must be removed from the Coast Guard 
reservation by the operator without delay.
    (3) The Government will not assume any responsibility for any loss 
or damage incurred by such aircraft while on a Coast Guard reservation 
and the owner shall be required to remove the aircraft from the 
reservation at the earliest practicable date.
    (4) Storage charges for such aircraft on a Coast Guard reservation 
shall be as follows:
    (i) For the first 6 working days, no charge;
    (ii) For each calendar day thereafter, $3 for a single motor plane 
and $5 for a dual or multiengine plane.
    (5) In the absence of any information to the contrary regarding a 
particular item or material, the price at which the item is carried in 
stock, or on the Plant Property Record (book price) will be regarded as 
the fair market value.
    (6) When materials or services or both materials and services are 
furnished an aircraft, a deposit equal to the estimated value of such 
services and materials as will be required shall be obtained in advance 
of the rendition of the services and issuance of the materials.
    (7) The charges for mechanical services rendered (other than in 
connection with the arrival, refueling, and departure of airplanes) 
shall be an hourly charge for labor, with a minimum of 1 hour, which 
shall be the equivalent to the schedule of wage rates for civilian

[[Page 29]]

personnel for the district (i.e., machinists, helpers, etc.), regardless 
of whether the services are performed by enlisted or civilian personnel.

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

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



Sec.  1.26-20  Sales to eligible foreign governments.

    (a) Policy of United States. The Congressional policy is set forth 
in Title 22, U.S. Code, section 2351. The Executive Order No. 10973 
dated November 3, 1961 (26 FR 10469), describes the administration of 
foreign assistance and related functions.
    (b) Diplomatic transactions. Sales of Coast Guard material under 
reimbursable aid will be by direction of the Commandant (CG-9) and as 
approved by the Office of the Chief of Naval Operations. Reimbursable 
aid transactions are diplomatic transactions and are negotiated 
primarily between the respective foreign military attach[eacute] or 
other representatives of their embassy in Washington, DC, and the Office 
of the Chief of Naval Operations. Prices will be based on material cost 
only and estimates will not include packing, crating, and handling or 
transportation costs. Under reimbursable aid, transportation costs are 
borne by the purchasing country and shipments are usually accomplished 
on collect commercial bills of lading.



Sec.  1.26-25  Payment of charges.

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



PART 2_JURISDICTION--Table of Contents



                            Subpart A_General

Sec.
2.1 Purpose.
2.5 Specific definitions control.

                     Subpart B_Jurisdictional Terms

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

           Subpart C_Availability of Jurisdictional Decisions

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

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

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



                            Subpart A_General



Sec.  2.1  Purpose.

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

[[Page 30]]

[GRAPHIC] [TIFF OMITTED] TR18JY03.046



Sec.  2.5  Specific definitions control.

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

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

[[Page 31]]

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



                     Subpart B_Jurisdictional Terms



Sec.  2.20  Territorial sea baseline.

    Territorial sea baseline means the line defining the shoreward 
extent of the territorial sea of the United States drawn according to 
the principles, as recognized by the United States, of the Convention on 
the Territorial Sea and the Contiguous Zone, 15 U.S.T. 1606, and the 
1982 United Nations Convention on the Law of the Sea (UNCLOS), 21 I.L.M. 
1261. Normally, the territorial sea baseline is the mean low water line 
along the coast of the United States.

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



Sec.  2.22  Territorial sea.

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

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



Sec.  2.24  Internal waters.

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



Sec.  2.26  Inland waters.

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



Sec.  2.28  Contiguous zone.

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

[[Page 32]]

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



Sec.  2.30  Exclusive Economic Zone.

    (a) With respect to the United States, including the Commonwealth of 
Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, 
American Samoa, the United States Virgin Islands, and any other 
territory or possession over which the United States exercises 
sovereignty, exclusive economic zone means the zone seaward of and 
adjacent to the territorial sea, as defined in Sec.  2.22(a), including 
the contiguous zone, and extending 200 nautical miles from the 
territorial sea baseline (except where otherwise limited by treaty or 
other agreement recognized by the United States) in which the United 
States has the sovereign rights and jurisdiction and all nations have 
the high seas freedoms mentioned in Presidential Proclamation 5030 of 
March 10, 1983.
    (b) Under customary international law as reflected in Article 55 of 
the 1982 United Nations Convention on the Law of the Sea, and with 
respect to other nations, exclusive economic zone means the waters 
seaward of and adjacent to the territorial sea, not extending beyond 200 
nautical miles from the territorial sea baseline, as recognized by the 
United States.

[USCG-2001-9044, 68 FR 42598, July 18, 2003, as amended by USCG-2012-
0306, 77 FR 37309, June 21, 2012]



Sec.  2.32  High seas.

    (a) For purposes of special maritime and territorial jurisdiction of 
the United States as defined in 18 U.S.C. 7, high seas means all waters 
seaward of the territorial sea baseline.
    (b) For the purposes of section 2 of the Act of February 19, 1895, 
as amended (33 U.S.C. 151) and the Inland Navigational Rules Act of 1980 
(33 U.S.C. Chapter 34), high seas means the waters seaward of any lines 
established under these statutes, including the lines described in part 
80 of this chapter and 46 CFR part 7.
    (c) For the purposes of 14 U.S.C. 89(a), 14 U.S.C. 86, 33 U.S.C. 
409, and 33 U.S.C. 1471 et seq., high seas includes the exclusive 
economic zones of the United States and other nations, as well as those 
waters that are seaward of territorial seas of the United States and 
other nations.
    (d) Under customary international law as reflected in the 1982 
United Nations Convention on the Law of the Sea and without prejudice to 
high seas freedoms that may be exercised within exclusive economic zones 
pursuant to article 58 of the United Nations Convention on the Law of 
the Sea, and unless the context clearly requires otherwise (e.g., The 
International Convention Relating to Intervention on the High Seas in 
Cases of Oil Pollution Casualties, 1969, including annexes thereto), 
high seas means all waters that are not the exclusive economic zone (as 
defined in Sec.  2.30), territorial sea (as defined in Sec.  2.22), or 
internal waters of the United States or any other nation.

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



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

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



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

    (a) Except as provided in paragraph (b) of this section, navigable 
waters of the United States, navigable waters, and territorial waters 
mean, except where Congress has designated them not to be navigable 
waters of the United States:
    (1) Territorial seas of the United States;
    (2) Internal waters of the United States that are subject to tidal 
influence; and
    (3) Internal waters of the United States not subject to tidal 
influence that:

[[Page 33]]

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



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

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



           Subpart C_Availability of Jurisdictional Decisions



Sec.  2.40  Maintenance of decisions.

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



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

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



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



                     Subpart 3.01_General Provisions

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

                     Subpart 3.04_Coast Guard Areas

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

                 Subpart 3.05_First Coast Guard District

3.05-1 First district.
3.05-10 Sector Boston Marine Inspection Zone and Captain of the Port 
          Zone.

[[Page 34]]

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

                 Subpart 3.25_Fifth Coast Guard District

3.25-1 Fifth district.
3.25-05 Sector Delaware Bay Marine Inspection Zone and Captain of the 
          Port Zone.
3.25-10 Sector Hampton Roads Marine Inspection Zone and Captain of the 
          Port Zone.
3.25-15 Sector Maryland-National Capital Region Marine Inspection Zone 
          and Captain of the Port Zone.
3.25-20 Sector North Carolina Marine Inspection Zone and Captain of the 
          Port Zone.

                Subpart 3.35_Seventh Coast Guard District

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

                Subpart 3.40_Eighth Coast Guard District

3.40-1 Eighth district.
3.40-5 Eighth District Outer Continental Shelf Marine Inspection Zone.
3.40-10 Sector Mobile Marine Inspection Zone and Captain of the Port 
          Zone.
3.40-15 Sector New Orleans Marine Inspection Zone and Captain of the 
          Port Zone; Marine Safety Unit Morgan City.
3.40-28 Sector Houston-Galveston Marine Inspection Zone and Captain of 
          the Port Zone; Marine Safety Unit Port Arthur.
3.40-35 Sector Corpus Christi Marine Inspection Zone and Captain of the 
          Port Zone.
3.40-40 Sector Upper Mississippi River Marine Inspection Zone and 
          Captain of the Port Zone.
3.40-60 Sector Lower Mississippi River Marine Inspection Zone and 
          Captain of the Port Zone.
3.40-65 Sector Ohio Valley Marine Inspection Zone and Captain of the 
          Port Zone; Marine Safety Unit Pittsburgh.

                 Subpart 3.45_Ninth Coast Guard District

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

               Subpart 3.55_Eleventh Coast Guard District

3.55-1 Eleventh district.
3.55-10 Sector Los Angeles-Long Beach Marine Inspection Zone and Captain 
          of the Port Zone.
3.55-15 Sector San Diego Marine Inspection Zone and Captain of the Port 
          Zone.
3.55-20 Sector San Francisco: San Francisco Bay Marine Inspection Zone 
          and Captain of the Port Zone.
3.55-25 Sector Humboldt Bay Search and Rescue Mission Coordinator Zone.

              Subpart 3.65_Thirteenth Coast Guard District

3.65-1 Thirteenth district.
3.65-10 Sector Puget Sound Marine Inspection Zone and Captain of the 
          Port Zone.
3.65-15 Sector Columbia River Marine Inspection Zone and Captain of the 
          Port Zone.
3.65-20 Sector North Bend Search and Rescue Mission Coordinator Zone.

              Subpart 3.70_Fourteenth Coast Guard District

3.70-1 Fourteenth district.
3.70-10 Sector Honolulu Marine Inspection Zone and Captain of the Port 
          Zone.
3.70-15 Sector Guam Marine Inspection Zone and Captain of the Port Zone.
3.70-20 Activities Far East Marine Inspection Zone.

              Subpart 3.85_Seventeenth Coast Guard District

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

    Authority: 14 U.S.C. 92 & 93; Pub. L. 107-296, 116 Stat. 2135; 
Department of Homeland Security Delegation No. 0170.1, para. 2(23).

[[Page 35]]



                     Subpart 3.01_General Provisions



Sec.  3.01-1  General description.

    (a) The Coast Guard's general organization for the performance of 
its assigned functions and duties consists of the Commandant, assisted 
by the Headquarters staff, two Area Offices to act as intermediate 
echelons of operational command, and District and Sector Offices to 
provide regional direction and coordination. Area, District, and Sector 
offices operate within defined geographical areas of the United States, 
its territories, and possessions, including portions of the high seas 
adjacent thereto. They are established by the Commandant and their areas 
of responsibility are described in this part.
    (b)(1) The two Coast Guard Areas are the Atlantic Area and the 
Pacific Area. A Coast Guard Area Commander is in command of a Coast 
Guard Area. The Atlantic Area Office is collocated with the Fifth Coast 
Guard District Office. The Pacific Area Office is collocated with the 
Eleventh Coast Guard District Office. Area Commanders are responsible 
for determining when operational matters require the coordination of 
forces and facilities of more than one district.
    (2) For search and rescue (SAR) mission execution in the Atlantic 
Area, Districts may execute SAR missions to the full extent of the 
Area's Search and Rescue Region (SRR). Under this plan, Districts in the 
Atlantic Area will assume SAR Coordinator responsibilities and will act 
as SAR Mission Coordinator for any case prosecuted within their expanded 
regions. The exact coordinates of Atlantic Area's SRR can be found in 
the United States National Search and Rescue Supplement to the 
International Aeronautical and Maritime Search and Rescue Manual.
    (c) A Coast Guard District Commander is in command of a Coast Guard 
District and the District Commander's office may be referred to as a 
Coast Guard District Office. The District Commander's duties are 
described in Sec.  1.01-1 of this subchapter.
    (d)(1) A Coast Guard Sector Commander is in command of a Coast Guard 
Sector and the Sector Commander's office is referred to as a Coast Guard 
Sector Office. The Sector Commander is responsible for all Coast Guard 
missions within the sector's area of responsibility. Unless otherwise 
specified, the Sector Commander's authorities include Search and Rescue 
Mission Coordinator, Federal Maritime Security Coordinator, Federal On-
Scene Coordinator, and, in most Sectors, Officer in Charge Marine 
Inspection (OCMI) and Captain of the Port (COTP). In his or her 
capacities as OCMI and COTP, the Sector Commander is responsible for a 
Marine Inspection Zone and COTP Zone.
    (2) In some Sectors, a Marine Safety Unit (MSU) retains OCMI and 
COTP authority over a designated portion of the Sector's area of 
responsibility. In such cases, OCMI and COTP authority is exercised by 
the MSU Commander, not the Sector Commander. The appeal of a COTP order 
or OCMI matter is routed from the MSU Commander through the Sector 
Commander and then to the District Commander.
    (3) Some specified sectors exercise Search and Rescue Mission 
Coordinator (SMC) authority over a designated portion of an encompassing 
sector's area of responsibility. In such cases, SMC authority is 
exercised by the encompassed sector, not the encompassing sector. The 
encompassing sector retains all other authorities (as listed in 33 CFR 
3.01-1(d)(1)) over the designated area.
    (e) An OCMI is in command of a Marine Inspection Zone and his or her 
office may be referred to as a Coast Guard Marine Inspection Office. The 
OCMI's duties are described in Sec.  1.01-20 of this subchapter.
    (f) A COTP is in command of a COTP Zone and his or her office may be 
referred to as a COTP Office. The COTP's duties are described in Sec.  
1.01-30 of this subchapter.
    (g) Each COTP Zone and each Marine Inspection Zone described in this 
part also includes the United States territorial seas adjacent to the 
described area or zone for the purpose of enforcing or acting pursuant 
to a statute effective in the United States territorial seas. Each COTP 
Zone and each Marine Inspection Zone described in this part also 
includes the contiguous zone adjacent to the area or zone for the 
purpose of enforcing or acting pursuant to a

[[Page 36]]

statute effective in the contiguous zone, as defined in Sec.  2.28 of 
this subchapter. Each COTP Zone and each Marine Inspection Zone 
described in this part also includes the exclusive economic zone (EEZ) 
adjacent to the area for the purpose of enforcing or acting pursuant to 
a statute effective in the EEZ, as defined in Sec.  2.30 of this 
subchapter.
    (h) Geographic descriptions used in this part are based upon 
boundaries and points located using the WGS 1984 world grid system. When 
referenced, the outermost extent of the U.S. EEZ is the line of 
demarcation produced by the National Oceanic and Atmospheric 
Administration (NOAA) using the NAD 1983 coordinate system and projected 
to the WGS 1984 grid system. Both coordinate systems are geocentric and 
similar such that they are Global Positioning System (GPS) compatible 
throughout the area of concern. Resolution is based upon ddmmss readings 
to tenths of a second. This corresponds to a positional precision of 
about 2 meters. Decimal degrees to 5 decimal 
places correspond to a positional precision of about 1 meter. State boundaries used to determine points for 
descriptions of jurisdictional limits were based upon the National 
Transportation Atlas Database 2003 produced by the Bureau of 
Transportation Statistics. This data set was produced at a scale of 
1:100,000 and theoretically results in a nationwide locational accuracy 
of about 50 meters of true position.

[USCG-2006-25556, 72 FR 36318, July 2, 2007, as amended by USCG-2010-
0351, 75 FR 36277, June 25, 2010; USCG-2013-0397, 78 FR 39170, July 1, 
2013]



Sec.  3.01-5  Assignment of functions.

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

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



                     Subpart 3.04_Coast Guard Areas



Sec.  3.04-1  Atlantic Area.

    (a) The Area Office is in Portsmouth, VA.
    (b) The Atlantic Area is comprised of the land areas and U.S. 
navigable waters of the First, Fifth, Seventh, Eighth and Ninth Coast 
Guard Districts and the ocean areas lying east of a line extending from 
the North Pole south along 95 deg. W. longitude to the North American 
land mass; thence along the east coast of the North, Central, and South 
American land mass to the intersection with 70 deg. W. longitude; thence 
due south to the South Pole. These waters extend east to the Eastern 
Hemisphere dividing line between the Atlantic and Pacific Areas which 
lies along a line extending from the North Pole south along 100 deg. E. 
longitude to the Asian land mass and along a line extending from the 
South Pole north along 17 deg. E. longitude to the African land mass.

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



Sec.  3.04-3  Pacific Area.

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

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

[[Page 37]]



                 Subpart 3.05_First Coast Guard District



Sec.  3.05-1  First district.

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

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



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

    Sector Boston's office is located in Boston, MA. The boundaries of 
Sector Boston's Marine Inspection Zone and Captain of the Port Zone 
start at the boundary of the Massachusetts-New Hampshire coasts at 
latitude 42 deg.5220" N, long 70 deg.4902" W; thence proceeding east 
to the outermost extent of the EEZ at a point latitude 42 deg.5218" N, 
longitude 67 deg.4353" W; thence southeast along the outermost extent 
of the EEZ to a point at latitude 42 deg.0800" N, longitude 
67 deg.0817" W; thence west to a point at latitude 42 deg.0800" N, 
longitude 70 deg.1500" W; thence southwest to the Massachusetts coast 
near Manomet Point at latitude 41 deg.5500" N, longitude 70 deg.3300" 
W; thence northwest to latitude 42 deg.0400" N, longitude 71 deg.0600" 
W; thence to the Massachusetts-Rhode Island boundary at a point latitude 
42 deg.0108" N, longitude 71 deg.2253" W; thence west along the 
southern boundary of Massachusetts, except the waters of Congamond 
Lakes, to the Massachusetts-New York boundary at latitude 42 deg.0259" 
N, longitude 73 deg.2949" W; thence north along the Massachusetts-New 
York boundary to the Massachusetts-New York-Vermont boundaries at a 
point latitude 42 deg.4445" N, longitude 73 deg.1554" W; thence east 
along the entire extent of the northern Massachusetts boundary to the 
point of origin.

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



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

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

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



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

    Sector Southeastern New England's office is located in Wood's Hole, 
MA. The boundaries of Sector Southeastern New England's Marine 
Inspection Zone and Captain of the Port Zone start on the Massachusetts 
coast at Manomet Point at latitude 41 deg.5500" N, longitude

[[Page 38]]

70 deg.3300" W; thence northeast to latitude 42 deg.0800" N, longitude 
70 deg.1500" W; thence east to the outermost extent of the EEZ at 
latitude 42 deg.0800" N, longitude 67 deg.0817" W; thence south along 
the outermost extent of the EEZ to latitude 38 deg.2445" N, longitude 
67 deg.4126" W; thence northwest to a point near Watch Hill Light, RI, 
at latitude 41 deg.1814" N, longitude 71 deg.5130" W; thence northeast 
to Westerly, RI, at latitude 41 deg.2100" N, longitude 71 deg.4830" W; 
thence north to latitude 41 deg.2500" N, longitude 71 deg.4800" W; 
thence north along the Connecticut-Rhode Island boundary, including the 
waters of Beach Pond, to the Massachusetts boundary; thence east along 
the Massachusetts-Rhode Island boundary to the northeastern most corner 
of Rhode Island; thence northeast to latitude 42 deg.0400" N, longitude 
71 deg.0600" W; thence southeast to the point of origin.

[USCG-2006-25556, 72 FR 36319, July 2, 2007, as amended by USCG-2014-
0410, 79 FR 38427, July 7, 2014]



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

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

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



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

    Sector Long Island Sound's office is located in New Haven, CT. The 
boundaries of Sector Long Island Sound's Marine Inspection Zone and 
Captain of the Port Zone start near the south shore of Long Island at 
latitude 40 deg.3524" N, longitude 73 deg.4636" W proceeding northeast 
to latitude 40 deg.4000" N, longitude 73 deg.4000" W; thence to 
latitude 40 deg.5230" N, longitude 73 deg.3712" W; thence northwest to 
a point near the southern shore of Manursing Island at latitude 
40 deg.5800" N, longitude 73 deg.4000" W; thence north to the 
Connecticut-New York boundary at latitude 41 deg.0130" N, longitude 
73 deg.4000" W; thence north along the western boundary of Connecticut 
to the Massachusetts-Connecticut boundary at latitude 42 deg.0259" N, 
longitude 73 deg.2915" W; thence east along the southern boundary of 
Massachusetts, including the waters of the Congamond Lakes, to the Rhode 
Island boundary at latitude 42 deg.0029" N, longitude 71 deg.4757" W; 
thence south along the Connecticut-Rhode Island boundary, excluding the 
waters of Beach Pond, to latitude 41 deg.2400" N, longitude 
71 deg.4800" W; thence south to latitude 41 deg.2100" N, longitude 
71 deg.4830" W near Westerly, RI; thence southwest to a point near 
Watch Hill Light, RI, at latitude 41 deg.1814" N, longitude 
71 deg.5130" W; thence southeast to the outermost extent of the EEZ at 
a point latitude 38 deg.2445" N, longitude 67 deg.4126" W; thence 
southwest along the outermost extent of the EEZ to a point latitude 
37 deg.5650" N, longitude 69 deg.1815" W; thence northwest to latitude 
38 deg.2800" N, longitude 70 deg.1100" W; thence northwest to the 
point of origin.

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

[[Page 39]]



                 Subpart 3.25_Fifth Coast Guard District



Sec.  3.25-1  Fifth district.

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

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



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

    Sector Delaware Bay's office is located in Philadelphia, PA. The 
boundaries of Sector Delaware Bay's Marine Inspection Zone and Captain 
of the Port Zone start near the New Jersey coast at latitude 
40 deg.1800" N, longitude 73 deg.5840" W, proceeding west to latitude 
40 deg.1800" N, longitude 74 deg.3030" W, thence north-northwest to 
the junction of the New York, New Jersey, and Pennsylvania boundaries 
near Tristate at latitude 41 deg.2127" N, longitude 74 deg.4142" W; 
thence northwest along the east bank of the Delaware River to latitude 
42 deg.0000" N, longitude 75 deg.2128" W; thence west along the New 
York-Pennsylvania boundary to latitude 42 deg.0000" N, longitude 
78 deg.5458" W; thence south to latitude 41 deg.0000" N, longitude 
78 deg.5458" W; thence west to latitude 41 deg.0000" N, longitude 
79 deg.0000" W; thence south to the Pennsylvania-Maryland boundary at 
latitude 39 deg.4322" N, longitude 79 deg.0000" W; thence east to the 
intersection of the Maryland-Delaware boundary at latitude 39 deg.4322" 
N, longitude 75 deg.4717" W; thence south along the Maryland-Delaware 
boundary to latitude 38 deg.2737" N, longitude 75 deg.4135" W and east 
along the Maryland-Delaware boundary to and including Fenwick Island 
Light at latitude 38 deg.2703" N, longitude 75 deg.0255" W. The 
offshore boundary starts at Fenwick Island Light and proceeds east to a 
point at latitude 38 deg.2625" N, longitude 74 deg.2646" W; thence 
southeast to latitude 37 deg.1914" N, longitude 72 deg.1313" W; thence 
east to the outermost extent of the EEZ at latitude 37 deg.1914" N, 
longitude 71 deg.0254" W; thence northeast along the outermost extent 
of the EEZ to latitude 37 deg.5650" N, longitude 69 deg.1815" W; 
thence northwest to latitude 38 deg.2800" N, longitude 70 deg.1100" W; 
thence northwest to a point near the New Jersey coast at latitude 
40 deg.1800" N, longitude 73 deg.5840" W.

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



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

    Sector Hampton Roads' office is located in Portsmouth, VA. The 
boundaries of Sector Hampton Roads' Marine Inspection and Captain of the 
Port Zone start at a point on the Virginia-Maryland boundary at a point 
38 deg. 0136" N latitude, 75 deg.1434" W longitude, thence south east 
to a point 37 deg.1914" N latitude, 72 deg.1313" W longitude; thence 
east to the outermost extent of the EEZ at a point 37 deg.1914" N 
latitude, 71 deg.0254" W longitude; thence south along the outermost 
extent of the EEZ

[[Page 40]]

to a point 36 deg.3300" N latitude, 71 deg.2934" W longitude; thence 
west to the Virginia-North Carolina boundary at a point 36 deg.3300" N 
latitude, 75 deg.5200" W longitude; thence west along the Virginia-
North Carolina boundary to the intersection of Virginia-North Carolina-
Tennessee at a point 36 deg.3517" N latitude, 81 deg.4038" W 
longitude; thence north and west along the Virginia-Tennessee boundary 
to the intersection of Virginia-Tennessee-Kentucky at a point 
36 deg.3603" N latitude, 83 deg.4031" W longitude; thence northeast 
along the Virginia State boundary to the intersection of the Virginia-
West Virginia State boundaries at a point 39 deg.0757" N latitude, 
77 deg.4942" W longitude; thence southwest along the Loudoun County, VA 
boundary to the intersection with Fauquier County, VA at a point 
39 deg.0050" N latitude, 77 deg.5743" W longitude; thence east along 
the Loudoun County, VA boundary to the intersection with Prince William 
County, VA boundary at a point 38 deg.5633" N latitude, 77 deg.3918" W 
longitude; thence south along the Prince William and Fauquier County VA 
boundaries to the intersection of Fauquier, Prince William, and Stafford 
County, VA at a point 38 deg.3324" N latitude, 77 deg.3154" W 
longitude; thence east along the Prince William and Stafford County, VA 
boundaries to the western bank of the Potomac River at a point 
38 deg.3013" N latitude, 77 deg.1800" W longitude; thence south along 
the Stafford County, VA boundary to a point 38 deg.2230" N latitude, 
77 deg.1814" W longitude; thence south and east along the boundary 
between the southern bank of the Potomac River and Stafford, King 
George, Westmoreland, and Northumberland Counties in Virginia to a point 
37 deg.5311" N latitude, 76 deg.1415" W longitude; thence east along 
the Maryland-Virginia boundary as it proceeds across the Chesapeake Bay 
and Delmarva Peninsula to the point of origin at 38 deg.0136" N 
latitude, 75 deg.1434" W longitude.

[USCG-2013-0251, 78 FR 73440, Dec. 6, 2013]



Sec.  3.25-15  Sector Maryland-National Capital Region Marine Inspection
Zone and Captain of the Port Zone.

    Sector Maryland-National Capital Region's office is located in 
Baltimore, MD. The boundaries of Sector Maryland-National Capital 
Region's Marine Inspection Zone and Captain of the Port Zone start at a 
point 38 deg.0136" N latitude, 75 deg.1434" W longitude; thence south 
east to a point 37 deg.1914" N latitude, 72 deg.1313" W longitude; 
thence north west to a point at 38 deg.2625" N latitude, 74 deg.2646" 
W longitude; thence west to the intersection of the Maryland-Delaware 
boundary and the coast at a point 38 deg.2703" N latitude, 75 deg.02 
55" W longitude; thence west to a point 38 deg.2715" N latitude, 
75 deg.3000" W longitude on the Delaware-Maryland boundary; thence 
proceeding along the Delaware-Maryland boundary west to a point at 
38 deg.2737" N latitude, 75 deg.4135" W longitude; thence proceeding 
north to the Maryland-Delaware-Pennsylvania boundary at a point 
39 deg.4322" N latitude, 75 deg.4717" W longitude; thence west along 
the Pennsylvania-Maryland boundary to the Pennsylvania-Maryland-West 
Virginia boundary at a point 39 deg.4316" N latitude, 79 deg.2836" W 
longitude; thence south and east along the Maryland-West Virginia 
boundary to the intersection of the Maryland-Virginia-West Virginia 
boundaries at a point 39 deg.1917" N latitude, 77 deg.4308" W 
longitude; thence southwest along the Loudoun County, VA boundary to the 
intersection with Fauquier County, VA at a point 39 deg.0050" N 
latitude, 77 deg.5743" W longitude; thence east along the Loudoun 
County, VA boundary to the intersection with Prince William County, VA 
boundary at a point 38 deg.5633" N latitude, 77 deg.3918" W longitude; 
thence south along the Prince William and Fauquier County VA boundaries 
to the intersection of Fauquier, Prince William, and Stafford County, VA 
at a point 38 deg.3324" N latitude, 77 deg.3154'' W longitude; thence 
south east to a point 38 deg.2030'' N latitude, 77 deg.1814'' W 
longitude; thence south and east along the boundary between the southern 
bank of the Potomac River and Stafford, King George, Westmoreland, and 
Northumberland Counties in Virginia to a point 37 deg.5311" N latitude, 
76 deg.1415" W longitude; thence east along the Maryland-Virginia 
boundary as it proceeds across the Chesapeake Bay and Delmarva Peninsula 
to the point of origin

[[Page 41]]

at 38 deg.0136" N latitude, 75 deg.1434" W longitude.

[USCG-2013-0251, 78 FR 73440, Dec. 6, 2013, as amended by USCG-2016-
0060, 81 FR 38594, June 14, 2016]



Sec.  3.25-20  Sector North Carolina Marine Inspection Zone and Captain
of the Port Zone.

    Sector North Carolina's office is located in Wilmington, NC. The 
boundary of Sector North Carolina's Marine Inspection Zone and Captain 
of the Port Zone starts at the sea on the North Carolina-Virginia border 
at 36 deg 33.04 min N. latitude, 75 deg 52.05 min W. longitude, and 
proceeds westerly along the North Carolina-Virginia boundary to the 
Tennessee boundary; thence southwesterly along the North Carolina-
Tennessee boundary to the Georgia boundary and then to the South 
Carolina boundary; thence easterly along the North Carolina-South 
Carolina boundary on the sea at 33 deg 51.06 min N. latitude, 78 deg 
32.46 min W. longitude. The offshore boundary starts at the North 
Carolina-South Carolina border and proceeds southeasterly to the 
outermost extent of the EEZ at 31 deg 42.1 min N. latitude, 74 deg 30.75 
min W. longitude; thence northeasterly along the outermost extent of the 
Exclusive Economic Zone to a point at 36 deg 32.99 min N. latitude, 71 
deg 29.56 min W. longitude; thence west to the North Carolina-Virginia 
border at a point 36 deg 33.04 min N. latitude, 75 deg 52.05 min W. 
longitude.

[USCG-2011-0368, 76 FR 26605, May 9, 2011]



                Subpart 3.35_Seventh Coast Guard District



Sec.  3.35-1  Seventh district.

    (a) The District Office is in Miami, Fla.
    (b) The Seventh Coast Guard District is comprised of the states of 
South Carolina, Georgia and Florida, except for that part of Georgia and 
Florida west of a line starting at the Florida coast at longitude 
084 deg.0434" W. (30 deg. 0545" N., 084 deg.0434" W.) proceeding 
northerly along the boundary between Wakulla and Jefferson counties to 
position 30 deg.1500" N., 084 deg.0433" W.; thence due west to a 
position 30 deg.15 N., 84 deg.45 W.; thence due north to the 
intersection with the south shore of the Jim Woodruff Reservoir; thence 
along the east bank of the Jim Woodruff Reservoir and the east bank of 
the Flint River up stream to Montezuma, GA, thence northwesterly to West 
Point, GA. Also included is the Panama Canal Zone, all the island 
possessions of the United States pertaining to Puerto Rico and the U.S. 
Virgin Islands; and the U.S. Naval reservations in the islands of the 
West Indies and on the north coast of South America. The ocean areas are 
those portions of the western North Atlantic, Caribbean Sea, Gulf of 
Mexico and the Straits of Florida areas encompassed by a line 
originating at the state boundary between North Carolina and South 
Carolina, and extending southeasterly through 30 deg.57 N., 73 deg.06 
W. and 29 deg.00 N., 69 deg.19 W. to 12 deg.00 N., 43 deg.00 W.; 
thence southwesterly to 10 deg.00 N., 48 deg.00 W.; thence westerly to 
09 deg.20 N., 57 deg.00 W.; thence due west to the coastline of South 
America; thence westerly and northerly along the north coast of South 
America, and the eastern coasts of Central America and Mexico to the 
Yucatan Peninsula at 21 deg.25 N., 87 deg.11 W.; thence along a line 
019 deg. T to the intersection of longitude 83 deg.50 W. and the 
western coastline of Florida (30 deg.00 N., 83 deg.50 W.).

[CGFR 61-40, 26 FR 10348, Nov. 3, 1961, as amended by CGFR 70-150, 36 FR 
911, Jan. 20, 1971; USCG-1999-5832, 64 FR 34711, June 29, 1999; USCG-
2015-0433, 80 FR 44278, July 27, 2015]



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

    Sector Miami's office is located in Miami, FL. The boundaries of 
Sector Miami's Marine Inspection Zone and Captain of the Port Zone start 
at the outermost extent of the EEZ at latitude 28 deg.0000" N, 
longitude 79 deg.2334" W, proceeding west to latitude 28 deg.0000" N, 
longitude 81 deg.3000" W; thence south to the northern boundary of 
Collier County, FL, at longitude 81 deg.3000" W; thence following along 
the boundaries of Collier County east along the northern boundary to the 
eastern boundary and then south along the eastern boundary to the 
southern boundary of Collier

[[Page 42]]

County; thence south along the western boundary of Miami-Dade County to 
the sea at latitude 25 deg.1036" N, longitude 80 deg.5129" W; thence 
east along the southern boundary of Miami-Dade County to latitude 
25 deg.2452" N, longitude 80 deg.1939" W; thence southeast to the 
outermost extent of the EEZ at latitude 25 deg.1134" N, longitude 
79 deg.4131" W; thence north along the outermost extent of the EEZ to 
the point of origin.

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



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

    Sector Charleston's office is located in Charleston, SC. A 
subordinate unit, Marine Safety Unit (MSU) Savannah, is located in 
Savannah, GA.
    (a) Sector Charleston's Marine Inspection Zone and Captain of the 
Port Zone start at the intersection of the North Carolina-South Carolina 
boundaries and the sea at latitude 33 deg.5104" N, longitude 
78 deg.3228" W, proceeding west along the North Carolina-South Carolina 
boundary to the intersection of the North Carolina-South Carolina-
Georgia boundaries; thence south along the South Carolina-Georgia 
boundary to the intersection with the Federal dam at the southern end of 
Hartwell Reservoir at latitude 34 deg.2130" N, longitude 82 deg.4915" 
W; thence south along the eastern bank and then east along the northern 
bank of the Savannah River to the sea at latitude 32 deg.0223" N, 
longitude 80 deg.5306" W, near the eastern tip of Oyster Bed Island; 
thence east on a line bearing 084 deg. T to latitude 32 deg.0300" N, 
longitude 80 deg.4500" W; thence southeast on a line bearing 122 deg. T 
to latitude 30 deg.5000" N, longitude 78 deg.3500" W; thence east to 
the outermost extent of the EEZ at latitude 30 deg.5000" N, longitude 
76 deg.0954" W; thence northeast along the outermost extent of the EEZ 
to latitude 31 deg.4232" N, longitude 74 deg.2953" W; thence northwest 
to the point of origin; and in addition, all the area described in 
paragraph (b) of this section.
    (b) The boundaries of the MSU Savannah Marine Inspection and Captain 
of the Port Zones start near the eastern tip of Oyster Bed Island at 
latitude 32 deg.0223" N, longitude 80 deg.5306" W, proceeding west 
along the northern bank and then north along the eastern bank of the 
Savannah River to the intersection of the South Carolina-Georgia 
boundary with the Federal dam at the southern end of Hartwell Reservoir, 
at latitude 34 deg.2130" N, longitude 82 deg.4915" W; thence north 
along the South Carolina-Georgia boundary to the intersection of the 
North Carolina-South Carolina-Georgia boundaries; thence west along the 
Georgia-North Carolina boundary and continuing west along the Georgia-
Tennessee boundary to the intersection of the Georgia-Tennessee-Alabama 
boundaries; thence south along the Georgia-Alabama boundary to latitude 
32 deg.5300" N; thence southeast to the eastern bank of the Flint River 
at latitude 32 deg.2000" N; thence south along the eastern bank of the 
Flint River and continuing south along the eastern shore of Seminole 
Lake to latitude 30 deg.4557" N, longitude 84 deg.4500" W; thence 
south along longitude 84 deg.4500" W to the Florida boundary; thence 
east along the Florida-Georgia boundary to longitude 82 deg.1500" W; 
thence north to latitude 30 deg.5000" N, longitude 82 deg.1500" W; 
thence east to the outermost extent of the EEZ at latitude 30 deg.5000" 
N, longitude 76 deg.0954" W; thence northwest to latitude 32 deg.0306" 
N, longitude 80 deg.4500" W; thence southwest to the point of origin. 
The boundary includes all the waters of the Savannah River including 
adjacent waterfront facilities in South Carolina.

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



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

    Sector Jacksonville's office is located in Jacksonville, FL. The 
boundaries of Sector Jacksonville's Marine Inspection Zone and Captain 
of the Port Zone start at the outermost extent of the EEZ at latitude 
30 deg.5000" N, longitude 76 deg.0954" W, proceeding west to latitude 
30 deg.5000" N, longitude 82 deg.1500" W; thence south to the 
intersection of the Florida-Georgia boundary at longitude 82 deg.1500" 
W; thence west along the Florida-Georgia boundary to longitude 
83 deg.0000" W; thence southeast to latitude 28 deg.0000" N,

[[Page 43]]

81 deg.3000" W; thence east to the outermost extent of the EEZ at 
latitude 28 deg.0000" N, longitude 79 deg.2334" W; thence northeast 
along the outermost extent of the EEZ to the point of origin.

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



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

    Sector San Juan's office is located in San Juan, PR. The boundaries 
of Sector San Juan's Marine Inspection Zone and Captain of the Port Zone 
comprise both the Commonwealth of Puerto Rico and the Territory of the 
Virgin Islands, and the waters adjacent to both, in an area enclosed by 
the outermost extents of the EEZ, subject to existing laws and 
regulations.

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



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

    Sector St. Petersburg's sector office is located in St. Petersburg, 
FL. The boundaries of Sector St. Petersburg's Marine Inspection Zone and 
Captain of the Port Zone start at the Florida coast at30 deg.0545" N., 
084 deg.0434" W., proceeding northerly along the boundary between 
Wakulla and Jefferson counties to position 30 deg.1500" N., 
084 deg.0433" W.; thence west to latitude 30 deg.1500" N, longitude 
84 deg.4500" W; thence north to the Florida-Georgia boundary at 
longitude 84 deg.4500" W; thence east along the Florida-Georgia 
boundary to longitude 83 deg.0000" W; thence southeast to latitude 
28 deg.0000" N, longitude 81 deg.3000" W; thence south along 
81 deg.3000" W to the northern boundary of Collier County, FL, and then 
following along the boundaries of Collier County, east along the 
northern boundary to the eastern boundary and then south along the 
eastern boundary to the southern boundary and then west along the 
southern boundary to latitude 25 deg.4812" N, longitude 81 deg.2039" 
W; thence southwest to the outermost extent of the EEZ at latitude 
24 deg.1857" N, longitude 84 deg.5048" W; thence west along the 
outermost extent of the EEZ to latitude 24 deg.4813" N, longitude 
85 deg.5005" W; thence northeast to position 29 deg.2309" N., 
084 deg.0434" W.; thence due north the point of origin.

[USCG-2006-25556, 72 FR 36322, July 2, 2007, as amended by USCG-2015-
0433, 80 FR 44278, July 27, 2015]



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

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

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



                Subpart 3.40_Eighth Coast Guard District



Sec.  3.40-1  Eighth district.

    (a) The District Office is in New Orleans, La.
    (b) The Eighth Coast Guard District is comprised of North Dakota, 
South Dakota, Wyoming, Nebraska, Iowa, Colorado, Kansas, Missouri, 
Kentucky, West Virginia, Tennessee, Arkansas, Oklahoma, New Mexico, 
Texas, Louisiana, Mississippi, and Alabama; that part of Pennsylvania 
south of 41 deg. N. latitude and west of 79 deg. W. longitude; those 
parts of Ohio and Indiana south of 41 deg. N. latitude; Illinois, except 
that part north of 41 deg. N. latitude and east of 90 deg. W. longitude; 
that part of Wisconsin south of 46 deg.20 N. latitude and west of 
90 deg. W. longitude; that part of Minnesota south of 46 deg.20 N. 
latitude; those parts of Florida and Georgia west of a

[[Page 44]]

line starting at the Florida coast at longitude 084 deg.0434" W. 
(30 deg.0545" N., 084 deg.0434" W.) proceeding northerly along the 
boundary between Wakulla and Jefferson counties to position 
30 deg.1500" N., 084 deg.0433" W.; thence due west to 30 deg.15 N. 
latitude, 84 deg.45 W. longitude; thence due north to the southern bank 
of the Jim Woodruff Reservoir at 84 deg.45 W. longitude; thence 
northeasterly along the eastern bank of the Jim Woodruff Reservoir and 
northerly along the eastern bank of the Flint River to Montezuma, GA.; 
thence northwesterly to West Point, GA.; and the Gulf of Mexico area 
west of a line proceeding due south from the intersection of the Florida 
coast at longitude 084 deg.0434" W. (30 deg.1545" N., 084 deg.0434" 
W.) to position 29 deg.2309" N., 084 deg.0434" W., then bearing 
199 deg.T to the extent of the EEZ. [DATUM NAD83]

[CGFR 67-15, 32 FR 5270, Mar. 29, 1967, as amended by CGD 77-167, 43 FR 
2372, Jan. 16, 1978; CGD 96-025, 61 FR 29959, June 13, 1996; USCG-2015-
0433, 80 FR 44278, July 27, 2015]



Sec.  3.40-5  Eighth District Outer Continental Shelf Marine Inspection
Zone.

    (a) A separate marine inspection zone, with an office located in New 
Orleans, Louisiana, performs the OCMI functions defined in 33 CFR 1.01-
20 for all MODUs and fixed and floating OCS facilities, as those terms 
are defined in 33 CFR 140.10, engaged in OCS activities wherever located 
in the Eighth Coast Guard District.
    (b) Notwithstanding the OCMI inspection authority held by Eighth 
Coast Guard District Sector Commanders and Marine Safety Unit Commanders 
in Sec.  3.01-1(d), the Chief, Outer Continental Shelf Division at the 
Eighth Coast Guard District, shall serve as the Officer in Charge, 
Marine Inspection, for this Marine Inspection Zone and shall be known as 
the Eighth District Outer Continental Shelf Officer in Charge, Marine 
Inspection. The District Commander resolves any conflict between the 
functions of this marine inspection zone and any geographically based 
marine inspection zones described in 33 CFR 3.40-10, 3.40-15, 3.40-28, 
3.40-35, 3.40-40, 3.40-60, or 3.40.65.

[USCG-2013-0491, 80 FR 20162, Apr. 15, 2015]



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

    Sector Mobile's office is located in Mobile, AL. Subject to the 
overriding provisions of Sec.  3.40-5, the boundaries of Sector Mobile's 
Marine Inspection Zone and Captain of the Port Zone start near the 
Florida coast at latitude 30 deg.0545" N., 084 deg.0434" W. proceeding 
northerly along the boundary between Wakulla and Jefferson counties to 
position 30 deg.1500" N., 084 deg.0433" W.; thence west to latitude 
30 deg.1500" N, longitude 84 deg.4500" W; thence north to a point near 
the southern bank of the Seminole Lake at latitude 30 deg.4557" N, 
longitude 84 deg.4500" W; thence northeast along the eastern bank of 
the Seminole Lake and north along the eastern bank of the Flint River to 
latitude 32 deg.2000" N, longitude 84 deg.0151" W; thence northwest to 
the intersection of the Georgia-Alabama border at latitude 32 deg.5300" 
N; thence north along the Georgia-Alabama border to the southern 
boundary of Dekalb County, AL, thence west along the northern boundaries 
of Cherokee, Etowah, Blount, Cullman, Winston, and Marion Counties, AL, 
to the Mississippi-Alabama border; thence north along the Mississippi-
Alabama border to the southern boundary of Tishomingo County, MS, at the 
Mississippi-Tennessee border; thence west along the southern boundaries 
of Tishomingo and Prentiss Counties; thence north along the western 
boundaries of Prentiss and Alcorn Counties; thence west along the 
northern boundaries of Tippah, Benton, and Marshall Counties, MS; thence 
south and west along the eastern and southern boundaries of DeSoto, 
Tunica, Coahoma, Bolivar, and Washington Counties, MS; thence east along 
the northern boundary of Humphreys and Holmes Counties, MS; thence south 
along the eastern and southern boundaries of Holmes, Yazoo, Warren, 
Claiborne, Jefferson, Adams, and Wilkinson Counties, MS; thence east 
from the southernmost intersection of Wilkinson and Amite Counties, MS, 
to the west bank of the Pearl River; thence south along the west bank of 
the Pearl River to longitude 89 deg.3148" W (at the mouth of the 
river); thence south along longitude 89 deg.3148" W to latitude 
30 deg.1000" N;

[[Page 45]]

thence east along latitude 30 deg.1000" N to longitude 89 deg.1000" W; 
thence southeast to latitude 29 deg.0000" N, longitude 88 deg.0000" W; 
thence south along longitude 88 deg.0000" W to the outermost extent of 
the EEZ; thence east along the outermost extent of the EEZ to the 
intersection with a line bearing 199 deg.T from with a line bearing 
199 deg.T from 29 deg.2309" N., 084 deg.0434" W. to the EEZ 
(24 deg.4813" N., 085 deg.5005" W.); thence northeast to 29 deg.2309" 
N., 084 deg.0434" W.''; thence due north to the Florida coast at 
longitude 084 deg.0434" W. (30 deg.0545" N., 084 deg.0434" W.).

[USCG-2006-25556, 72 FR 36322, July 2, 2007, as amended by USCG-2013-
0491, 80 FR 20163, Apr. 15, 2015; USCG-2015-0433, 80 FR 44278, July 27, 
2015]



Sec.  3.40-15  Sector New Orleans Marine Inspection Zone and Captain
of the Port Zone; Marine Safety Unit Houma.

    Sector New Orleans' office is located in New Orleans, LA. A 
subordinate unit, Marine Safety Unit (MSU) Houma, is located in Houma, 
LA.
    (a) Subject to the overriding provisions of Sec.  3.40-5, Sector New 
Orleans' Marine Inspection Zone and Captain of the Port Zone starts at 
latitude 30 deg.1000" N, longitude 89 deg.1000" W; thence west along 
latitude 30 deg.1000" N to longitude 89 deg.3148" W; thence north 
along longitude 89 deg.3148" W to the west bank of the Pearl River (at 
the mouth of the river); thence north along the west bank of the Pearl 
River to latitude 31 deg.0000" N; thence west along latitude 
31 deg.0000" N to the east bank of the Mississippi River; thence south 
along the east bank to mile 303.0, thence west to the west bank at mile 
303.0; thence north to the southern boundary of the Old River Lock 
Structure, thence west along the south bank of the Lower Old River, to 
the intersection with the Red River; thence west along the south bank of 
the Red River to Rapides Parish, thence south along the western 
boundaries of Avoyelles, Evangeline, Acadia and Vermillion Parishes to 
the intersection of the sea and longitude 92 deg.3700" W; thence south 
along longitude 92 deg.3700" W to the outermost extent of the EEZ; 
thence east along the outermost extent of the EEZ to longitude 
88 deg.0000" W; thence north along longitude 88 deg.0000" W to 
latitude 29 deg.0000" N; thence northwest to latitude 30 deg.1000" N, 
longitude 89 deg.1000" W; and in addition, all the area described in 
paragraph (b) of this section.
    (b) The boundaries of the MSU Houma Marine Inspection and Captain of 
the Port Zones start at latitude 28 deg.5000" N, longitude 
88 deg.0000" W.; thence proceeds west to latitude 28 deg.5000" N., 
longitude 89 deg.2706" W.; thence northwest to latitude 29 deg.1800" 
N, longitude 90 deg.0000" W; thence northwest along the northern 
boundaries of Lafourche, Assumption, Iberia, and St. Martin Parishes, 
Louisiana; thence northwest along the northern boundary of Lafayette and 
Acadia Parishes, Louisiana; thence south along the west boundary of 
Acadia and Vermillion Parishes, Louisiana to the Louisiana Coast at 
longitude 92 deg.3700" W, thence south along longitude 92 deg.3700" W 
to the outermost extent of the EEZ; thence east along the outermost 
extent of the EEZ to longitude 88 deg.0000" W.; thence north to 
latitude 28 deg.5000" N, longitude 88 deg.0000" W.

[USCG-2006-25556, 72 FR 36322, July 2, 2007, as amended by USCG-2013-
0491, 80 FR 20163, Apr. 15, 2015; USCG-2017-0436, 82 FR 27616, June 16, 
2017]



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

    Sector Houston-Galveston's office is located in Houston, TX. A 
subordinate unit, Marine Safety Unit (MSU) Port Arthur, is located in 
Port Arthur, TX.
    (a) Subject to the overriding provisions of Sec.  3.40-5, Sector 
Houston-Galveston's Marine Inspection Zone and Captain of the Port Zone 
start near the intersection of the western boundary of Vermillion 
Parish, LA, and the sea at latitude 29 deg.3445" N, longitude 
92 deg.3700" W, proceeding north along the eastern and southern 
boundaries of Cameron, Jefferson Davis, Allen, and Rapides Parishes, LA, 
to the southern bank of the Red River; thence northwest along the south 
bank of the Red River to the northern boundary of Red River Parish, LA; 
thence west along the northern boundary of Red River Parish and DeSoto 
Parish, LA, to the Louisiana-Texas border; thence north along the

[[Page 46]]

Louisiana-Texas border to the Texas-Arkansas border at the northern 
boundary of Bowie County, TX; thence west along the Texas-Arkansas 
border to the Texas-Oklahoma border; thence northwest along the Texas-
Oklahoma border to the southern shore of Lake Texoma in Grayson County, 
TX; thence west along the northern shore of Lake Texoma to the Texas-
Oklahoma border; thence west along the Texas-Oklahoma border to the 
Texas-New Mexico border, including all portions of the Red River; thence 
south along the Texas-New Mexico border to the southern boundary of 
Andrews County, TX; thence southeast along the western and southern 
boundaries of Andrews, Midland, Glasscock, Sterling, Tom Green, Concho, 
McCulloch, San Saba, Lampasas, Bell, Williamson, Lee, Washington, and 
Austin Counties, TX to the intersection of Colorado County, Texas; 
thence along the northern and eastern boundary of Colorado County to the 
east bank of the Colorado River; thence south along the east bank of the 
Colorado River to the sea; thence southeast along a line bearing 
140 deg. T to the outermost extent of the EEZ at latitude 25 deg.5950" 
N, longitude 93 deg.3221" W; thence east along the outermost extent of 
the EEZ to latitude 26 deg.0327" N, longitude 92 deg.3700" W; thence 
north along longitude 92 deg.3700" W to the Louisiana Coast; and in 
addition, all the area described in paragraph (b) of this section.
    (b) The boundaries of the MSU Port Arthur Marine Inspection and 
Captain of the Port Zones start at the intersection of the sea and 
longitude 92 deg.3700" W; thence north along the eastern and southern 
boundaries of Cameron, Jefferson Davis, Allen, and Rapides Parishes, 
Louisiana to the southern bank of the Red River; thence northwest along 
the southern bank of the Red River to the northern boundary of Red River 
Parish, Louisiana; thence west along the northern boundary of Red River 
Parish and Desoto Parish, Louisiana to the Louisiana-Texas border; 
thence north along the Louisiana-Texas border to the Texas-Arkansas 
border at the northern boundary of Bowie County, Texas; thence north 
along the Texas-Arkansas border to the Texas-Oklahoma border; thence 
west along the Texas-Oklahoma border to the northwest-most boundary of 
Fannin County, Texas, including all portions of the Red River; thence 
south along the western and southern boundaries of Fannin, Hunt, 
Kaufman, Henderson, Anderson, Houston, Trinity, Polk, Hardin, and 
Jefferson Counties, Texas to the sea at longitude 94 deg.2500" W; 
thence southeast to latitude 29 deg.0000" N, longitude 93 deg.4000" W; 
thence southeast to latitude 27 deg.5000" N, longitude 93 deg.2400" W; 
thence south along longitude 93 deg.2400" W to the outermost extent of 
the EEZ; thence east along the outermost extent of the EEZ to longitude 
92 deg.3700" W; thence north along longitude 92 deg.3700" W to the 
Louisiana Coast.

[USCG-2006-25556, 72 FR 36323, July 2, 2007, as amended by USCG-2014-
0410, 79 FR 38427, July 7, 2014; USCG-2013-0491, 80 FR 20163, Apr. 15, 
2015]



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

    Sector Corpus Christi's office is located in Corpus Christi, TX. 
Subject to the overriding provisions of Sec.  3.40-5, the boundaries of 
Sector Corpus Christi's Marine Inspection Zone and Captain of the Port 
Zone start at the junction of the sea and the east bank of the Colorado 
River at latitude 28 deg.3544" N, longitude 95 deg.5848" W, proceeding 
north along the east bank of the Colorado River to Colorado County, TX; 
thence southwest along the northern boundary of Wharton County, TX; 
thence northwest along the eastern and northern boundaries of Colorado, 
Fayette, Bastrop, Travis, Burnet, Llano, Mason, Menard, Schletcher, 
Irion, Reagan, Upton, and Ector Counties, TX; thence west along the 
northern boundary of Ector and Winkler Counties, TX, to the Texas-New 
Mexico border; thence north along the New Mexico border to the New 
Mexico-Colorado border; thence west along the New Mexico-Colorado border 
to the intersection of New Mexico, Colorado, Utah, and Arizona borders; 
thence south along the New Mexico-Arizona border to the United States-
Mexican border; thence southeast along the United States-Mexican border 
to the outermost extent of the EEZ at latitude 25 deg.5722" N, 
longitude

[[Page 47]]

97 deg.0820" W; thence east along the outermost extent of the EEZ to 
latitude 25 deg.5950" N, longitude 93 deg.3221" W; thence northwest to 
the point of origin.

[USCG-2006-25556, 72 FR 36323, July 2, 2007, as amended by USCG-2013-
0491, 80 FR 20163, Apr. 15, 2015]



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

    Sector Upper Mississippi River's office is located in St. Louis, MO. 
Subject to the overriding provisions of Sec.  3.40-5, the boundaries of 
Sector Upper Mississippi River's Marine Inspection Zone and Captain of 
the Port Zone include all of Wyoming except for Sweetwater County; all 
of North Dakota, South Dakota, Nebraska, Colorado, Kansas, and Iowa; all 
of Missouri with the exception of Perry, Cape Girardeau, Scott, 
Mississippi, New Madrid, Dunklin, and Pemiscot Counties; that part of 
Minnesota south of latitude 46 deg.2000" N; that part of Wisconsin 
south of latitude 46 deg.2000" N, and west of longitude 90 deg.0000" 
W; that part of Illinois west of longitude 90 deg.0000" W and north of 
latitude 41 deg.0000" N; that part of Illinois south of latitude 
41 deg.0000" N, except for Jackson, Williamson, Saline, Gellatin, 
Union, Johnson, Pope, Hardin, Alexander, Pulaski, and Massac Counties; 
that part of the Upper Mississippi River above mile 109.9, including 
both banks, and that part of the Illinois River below latitude 
41 deg.0000" N.

[USCG-2006-25556, 72 FR 36324, July 2, 2007, as amended by USCG-2013-
0491, 80 FR 20163, Apr. 15, 2015]



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

    Sector Lower Mississippi River's office is located in Memphis, TN. 
Subject to the overriding provisions of Sec.  3.40-5, the boundaries of 
Sector Lower Mississippi River's Marine Inspection Zone and Captain of 
the Port Zone include all of Arkansas and all of Oklahoma with the 
exception of the Red River and Lake Texoma; in Missouri: Dunklin and 
Pemiscot Counties. In Tennessee: Dyer, Lauderdale, Obion, Tipton, and 
Shelby Counties, and all portions of Lake County with the exception of 
the area north and west of a line drawn from Mississippi River at 
latitude 36 deg.2000 N and longitude 89 deg.3230" W due east to 
Highway 78 thence northeast along Highway 78 to the Kentucky-Tennessee 
state line; in Mississippi: Desoto, Tunica, Coahoma, Bolivar, 
Washington, Humphreys, Holmes, Sharkey, Yazoo, Issaquena, Warren, 
Claiborne, Jefferson, Adams, and Wilkinson Counties; in Louisiana, all 
the areas north of a line drawn from the east bank of the Mississippi 
River at the Louisiana-Mississippi border, thence south along the east 
bank to mile 303.0, thence west to the west bank at mile 303.0, thence 
north to the southern boundary of the Old River Lock Structure, thence 
west along the southern bank of the Lower Old River, to the intersection 
with the Red River, thence west and northwest along the southern bank of 
the Red River to the northern-most boundary of Red River Parish, thence 
west along the northern boundary of Red River Parish and DeSoto Parish 
to the Texas-Louisiana Border, including Lasalle, Caldwell, Caddo, 
Bossier, Webster, Claiborne, Union, Morehouse, West Carroll, East 
Carroll, Madison, Richland, Ouachita, Lincoln, Jackson, Bienville, Winn, 
Grant, Franklin, Tensas, Catahoula, and Concordia Parishes; those parts 
of Avoyelles, Natchitoches, Rapides, and Red River Parishes north of the 
Red River, and that part of West Feliciana Parish north of the Lower Old 
River; that part of the Lower Mississippi River below mile 869.0 and 
above mile 303; and all of the Red River below the Arkansas-Oklahoma 
border.

[USCG-2006-25556, 72 FR 36324, July 2, 2007, as amended by USCG-2013-
0491, 80 FR 20163, Apr. 15, 2015]



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

    Sector Ohio Valley's office is located in Louisville, KY. A 
subordinate unit, Marine Safety Unit (MSU) Pittsburgh, is located in 
Pittsburgh, PA.
    (a) Subject to the overriding provisions of Sec.  3.40-5, Sector 
Ohio Valley's Marine Inspection Zone and Captain of the Port Zone 
comprise all of Kentucky and West Virginia; in Missouri:

[[Page 48]]

Perry, Cape Girardeau, Scott, Mississippi and New Madrid Counties; in 
Tennessee: that portion of Lake County north and west of a line drawn 
from the Mississippi River at latitude 36 deg.2000" N and longitude 
89 deg.3230" W due east to Highway 78, thence northeast along Highway 
78 to the Kentucky-Tennessee state line, and all other counties in 
Tennessee except Shelby, Tipton, Lauderdale, Dyer and Obion Counties; in 
Alabama: Colbert, Franklin, Lawrence, Morgan, Marshall, Lauderdale, 
Limestone, Madison, Jackson and DeKalb Counties; in Mississippi: Alcorn, 
Prentiss and Tishomingo Counties; that portion of Pennsylvania south of 
latitude 41 deg.0000" N and west of longitude 79 deg.0000" W; those 
parts of Indiana and Ohio south of latitude 41 deg.0000" N; in 
Illinois: Jackson, Williamson, Saline, Gallatin, Union, Johnson, Pope, 
Hardin, Alexander, Pulaski, and Massac Counties, and in Randolph County, 
that part of the Upper Mississippi River below mile 109.9, including 
both banks; and that part of the Lower Mississippi River above mile 
869.0 ; and in addition, all the area described in paragraph (b) of this 
section.
    (b) The boundaries of the MSU Pittsburgh Marine Inspection and 
Captain of the Port Zones include that portion of Pennsylvania south of 
latitude 41 deg.0000" N and west of longitude 79 deg.0000" W; in West 
Virginia: Preston, Monongalia, Marion, Marshall, Ohio, Brooke, and 
Hancock Counties, and that part of the Ohio River north of a line drawn 
from latitude 39 deg.3918" N (approximately mile 127.2) on the Ohio 
River, just below the Hannibal Lock and Dam; and in Ohio: Stark, 
Columbiana, Tuscarawas, Carroll, Harrison, Jefferson, and Belmont 
Counties, and those parts of Summit, Portage, and Mahoning Counties 
south of latitude 41 deg.0000"N.

[USCG-2006-25556, 72 FR 36324, July 2, 2007, as amended by USCG-2013-
0491, 80 FR 20163, Apr. 15, 2015]



                 Subpart 3.45_Ninth Coast Guard District

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



Sec.  3.45-1  Ninth district.

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

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



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

    Sector Buffalo's office is located in Buffalo, NY. The boundaries of 
Sector Buffalo's Marine Inspection Zone and Captain of the Port Zone 
include all navigable waters of the United States and contiguous land 
areas within the boundaries of an area starting from a point on the 
international boundary in Lake Erie at latitude 42 deg.1924" N, 
longitude 80 deg.3110" W, proceeding southwest along the international 
boundary to a point at latitude 41 deg.4036" N, longitude 82 deg.2500" 
W; thence south to latitude 41 deg.0000" N; thence east to longitude 
78 deg.5458" W; thence north to latitude 42 deg.0000" N; thence east 
to the east bank of the Delaware River at latitude 42 deg.0000" N, 
longitude 75 deg.2128" W; thence east to longitude 74 deg.3900" W; 
thence north to the international boundary at a point at latitude 
44 deg.5958" N, longitude 74 deg.3900" W; thence southeast along the 
international boundary to the starting point.

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



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

    Sector Lake Michigan's office is located in Milwaukee, WI. The 
boundaries of Sector Lake Michigan's Marine Inspection Zone and Captain 
of the Port Zone include all navigable waters of the United States and 
contiguous land areas within the boundaries of an

[[Page 49]]

area starting from a point at latitude 44 deg.4300" N, longitude 
84 deg.3000" W, proceeding due west to longitude 85 deg.4000" W; 
thence northwest to the eastern shore of Lake Michigan at latitude 
45 deg.0100" N; thence northwest to latitude 45 deg.2230" N, longitude 
86 deg.1900" W; thence northeast to latitude 45 deg.4100" N, longitude 
86 deg.0600" W; thence northwest to latitude 46 deg.2000" N, longitude 
87 deg.2200" W; thence west to latitude 46 deg.2000" N, longitude 
90 deg.0000" W; thence south to latitude 41 deg.0000" N; thence east 
to the Ohio-Indiana border at latitude 41 deg.0000" N, longitude 
84 deg.4812" W; thence north along the Ohio-Indiana border to the 
intersection of the Ohio-Indiana-Michigan border at latitude 
41 deg.4159" N, longitude 84 deg.4822" W; thence east along the Ohio-
Michigan border to latitude 41 deg.4213" N, longitude 84 deg.3000" W; 
thence north to the start point.

[USCG-2009-0929, 76 FR 13510, Mar. 14, 2011]



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

    Sector Detroit's office is located in Detroit, MI. The boundaries of 
Sector Detroit's Marine Inspection Zone and Captain of the Port Zone 
include all navigable waters of the United States and contiguous land 
areas within the boundaries of an area starting from a point at latitude 
41 deg.0000" N, longitude 84 deg.4812" W on the Ohio-Indiana boundary, 
proceeding east to longitude 82 deg.2500" W; thence north to the 
international boundary in Lake Erie at latitude 41 deg.4036" N, 
longitude 82 deg.2500" W; thence north along the international boundary 
to latitude 44 deg.4300" N in Lake Huron; thence due west to latitude 
44 deg.4300" N, longitude 84 deg.3000" W; thence south to the 
Michigan-Ohio boundary at latitude 41 deg.4213" N; thence west along 
the Michigan-Ohio boundary to the Ohio-Michigan-Indiana boundary at 
latitude 41 deg.4146" N, longitude 84 deg.4822" W; thence south along 
the Ohio-Indiana boundary to the starting point.

[USCG-2009-0929, 76 FR 13510, Mar. 14, 2011]



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

    Sector Sault Ste. Marie's office is located in Sault Ste. Marie, MI. 
A subordinate unit, Marine Safety Unit (MSU) Duluth, is located in 
Duluth, MN.
    (a) Sector Sault Ste. Marie's Marine Inspection Zone and Captain of 
the Port Zone comprise all navigable waters of the United States and 
contiguous land areas within an area starting from a point at latitude 
44 deg.4300" N on the international boundary within Lake Huron; 
proceeding due west to longitude 85 deg.4000" W; thence northwest to 
the eastern shore of Lake Michigan at latitude 45 deg.0100" N; thence 
northwest to latitude 45 deg.2230" N, longitude 86 deg.1900" W; thence 
northeast to latitude 45 deg.4100" N, longitude 86 deg.0600" W; thence 
northwest to latitude 46 deg.2000" N, longitude 87 deg.2200" W; thence 
west to the Minnesota-North Dakota boundary at latitude 46 deg.2000" N, 
longitude 96 deg.3630" W; thence north along the Minnesota-North Dakota 
boundary to the intersection of the Minnesota-North Dakota boundary and 
the international boundary at latitude 49 deg.0002" N, longitude 
97 deg.1346" W; thence east along the international boundary to the 
starting point; and in addition, all the area described in paragraph (b) 
of this section.
    (b) The boundaries of the MSU Duluth Marine Inspection and Captain 
of the Port Zones comprise all navigable waters of the United States and 
contiguous land areas within an area starting at a point latitude 
46 deg.2000" N, longitude 88 deg.3000" W, proceeding west to the 
Minnesota-North Dakota boundary at latitude 46 deg.2000" N, longitude 
96 deg.3630" W; thence north along the Minnesota-North Dakota boundary 
to the intersection of the Minnesota-North Dakota boundary and the 
international boundary at latitude 49 deg.0002" N, longitude 
97 deg.1346" W; thence east along the international boundary to a point 
at latitude 47 deg.5923" N, longitude 87 deg.3510" W; thence south to 
a point near Manitou Island Light at latitude 47 deg.2509" N, longitude 
87 deg.3510" W; thence southwest to a point near the shore of Lake 
Superior at latitude 46 deg.5151" N, longitude 87 deg.4500" W; thence 
southwest to the point of origin.

[USCG-2009-0929, 76 FR 13510, Mar. 14, 2011]

[[Page 50]]



               Subpart 3.55_Eleventh Coast Guard District



Sec.  3.55-1  Eleventh district.

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

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



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

    Sector Los Angeles-Long Beach's (LA-LB) office is located in San 
Pedro, CA. The boundaries of Sector LA-LB's Marine Inspection Zone and 
Captain of the Port Zone start at a point near the intersection of 
Monterey County and San Luis Obispo County and the California coast at 
latitude 35 deg.4743" N, longitude 121 deg.2051" W, proceeding 
southwest to the outermost extent of the EEZ at latitude 34 deg.0505" 
N, longitude 124 deg.5643" W; thence south along the outermost extent 
of the EEZ to latitude 32 deg.0117" N, longitude 123 deg.3722" W; 
thence northeast to the intersection of Orange County and San Diego 
County and the California coast at latitude 33 deg.2312" N, longitude 
117 deg.3545" W; thence including all of Orange County, Riverside 
County, Ventura County, Los Angeles County, San Bernardino County, Santa 
Barbara County, Kern County, and San Luis Obispo County in California.

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



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

    Sector San Diego's office is located in San Diego, CA. The 
boundaries of Sector San Diego's Marine Inspection Zone and Captain of 
the Port Zone start at a point near the intersection of Orange County 
and San Diego County and the coast at latitude 33 deg.2312" N, 
longitude 117 deg.3545" W, proceeding southwest to the outermost extent 
of the EEZ at latitude 32 deg.0117" N, longitude 123 deg.3722" W; 
thence south along the outermost extent of the EEZ to the intersection 
of the maritime boundary with Mexico at latitude 30 deg.3231" N, 
longitude 121 deg.5158" W; thence east along the maritime boundary with 
Mexico to its intersection with the California coast at latitude 
32 deg.3203" N, longitude 117 deg.0729" W; thence including Imperial 
County and San Diego County in California; all of Arizona; Washington, 
Kane, San Juan, and Garfield Counties in Utah; and Clark County in 
Nevada.

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



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

    The Sector San Francisco office is located in San Francisco, CA. The 
boundaries of Sector San Francisco's San Francisco Bay Marine Inspection 
and Captain of the Port Zones comprise the land masses and waters of 
Wyoming within the boundaries of Sweetwater County; Utah, except for 
Washington, Kane, San Juan, and Garfield Counties; Nevada, except for 
Clark County; and California, north of San Luis Obispo, Kern, and San 
Bernardino Counties. It also includes all ocean waters and islands 
contained therein of the EEZ bounded on the north by the northern 
boundary of the Eleventh Coast Guard District, which is described in 
Sec.  3.55-1; and on the south by a line bearing 240  deg.T from the 
intersection of the Monterey-San Luis Obispo Count lines (approximately 
35 deg.47.500" N latitude) and the California coast to the outermost 
extent of the EEZ; and on the west by the outermost extent of the EEZ.

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



Sec.  3.55-25  Sector Humboldt Bay Search and Rescue Mission 
Coordinator Zone.

    The Sector Humboldt Bay office is located in McKinleyville, CA. The 
boundaries of Sector Humboldt Bay's Search and Rescue Mission 
Coordinator Zone start in the north by a line bearing 264T from the 
coastal point of the Oregon-California border (42 deg.00.0 N./

[[Page 51]]

124 deg.13.0 W.), on the south by a line bearing 270T from the coastal 
point of the Mendecino-Sonoma County, CA, border (38 deg.47.0 N./
123 deg.30.0 W.), and on the west by the outermost extent of the 
exclusive economic zone (EEZ). The inland Area of Responsibility (AOR) 
includes the entirety of the following California counties: Del Norte, 
Humboldt, Mendecino, Siskiyou, Trinity, Shasta, Tehama, Glenn, Lake, 
Colusa, Butte, Plumas, Lassen, and Modoc.

[USCG-2013-0397, 78 FR 39170, July 1, 2013]



              Subpart 3.65_Thirteenth Coast Guard District



Sec.  3.65-1  Thirteenth district.

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

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



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

    Sector Puget Sound's office is located in Seattle, WA. The 
boundaries of Sector Puget Sound's Marine Inspection and Captain of the 
Port Zones start at latitude 48 deg.2935" N, longitude 124 deg.4345" 
W, proceeding along the Canadian border east to the Montana-North Dakota 
boundary; thence south along this boundary to the Wyoming state line; 
thence west and south along the Montana-Wyoming boundary to the Idaho 
state line; thence northwest along the Montana-Idaho boundary to 
latitude 46 deg.5500" N; thence west along latitude 46 deg.5500" N to 
longitude 123 deg.1800" W; thence north to a point latitude 
47 deg.3200" N, longitude 123 deg.1800" W; thence west along latitude 
47 deg.3200" N to the outermost extent of the EEZ; thence northeast 
along the outermost extent of the EEZ to the Canadian border; thence 
east along the Canadian border to the point of origin.

[USCG-2010-0351, 75 FR 47212, Aug. 5, 2010]



Sec.  3.65-15  Sector Columbia River Marine Inspection Zone and 
Captain of the Port Zone.

    Sector Columbia River's office is located in Astoria, OR. The 
boundaries of Sector Columbia River's Marine Inspection and Captain of 
the Port Zones start at the Washington coast at latitude 47 deg.3200" 
N, longitude 124 deg.2115" W, proceeding along this latitude east to 
latitude 47 deg.3200" N, longitude 123 deg.1800" W; thence south to 
latitude 46 deg.5500" N, longitude 123 deg.1800" W; thence east along 
this latitude to the eastern Idaho state line; thence southeast along 
the Idaho state line to the intersection of the Idaho-Wyoming boundary; 
thence south along the Idaho-Wyoming boundary to the intersection of the 
Idaho-Utah-Wyoming boundaries; thence west along the southern border of 
Idaho to Oregon and then west along the southern border of Oregon to the 
coast at latitude 41 deg.5954" N, longitude 124 deg.1242" W; thence 
west along the southern boundary of the Thirteenth Coast Guard District, 
which is described in Sec.  3.65-10, to the outermost extent of the EEZ 
at latitude 41 deg.3835" N, 128 deg.5126" W; thence north along the 
outermost extent of the EEZ to latitude 47 deg.3200" N; thence east to 
the point of origin.

[USCG-2010-0351, 75 FR 48565, Aug. 11, 2010]



Sec.  3.65-20  Sector North Bend Search and Rescue Mission
Coordinator Zone.

    The Sector North Bend office is located in North Bend, OR. The 
boundaries of Sector North Bend's Search and Rescue Mission Coordinator 
Zone start at a point 45 deg.12.0 N. latitude, 123 deg.18.0 W. 
longitude and proceeds southward along the 123 deg.18.0 W. longitude, 
to a point 42 deg.00.0 N. latitude, 123 deg.18.0 W. longitude; thence 
westerly along 42 deg.0.00 N. latitude to the sea. The offshore 
boundary is bounded on the south by the southern boundary of the 13th 
Coast Guard District, which is described in Sec.  3.65-10, to the 
outermost extent of the EEZ; thence northerly along the outermost extent 
of the EEZ to 45 deg.12.0 N. latitude; thence easterly along 
45 deg.12.0 N. latitude to a point

[[Page 52]]

45 deg.12.0 N. latitude, 123 deg.18.0 W. longitude. Sector North 
Bend's search and rescue mission coordination responsibilities extend 
from its eastern most boundary seaward to 50 nautical miles west of the 
coastline.

[USCG-2013-0397, 78 FR 39170, July 1, 2013]



              Subpart 3.70_Fourteenth Coast Guard District



Sec.  3.70-1  Fourteenth district.

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

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



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

    Sector Honolulu's office is located in Honolulu, HI. The boundaries 
of Sector Honolulu's Marine Inspection Zone and Captain of the Port Zone 
comprise the State of Hawaii, including all the islands and atolls of 
the Hawaiian chain and the adjacent waters of the exclusive economic 
zone (EEZ); and the following islands and their adjacent waters of the 
EEZ: American Samoa, Johnston Atoll, Palmyra Atoll, Kingman Reef, Wake 
Island, Jarvis Island, Howland and Baker Islands, and Midway Island. 
Sector Honolulu's Marine Inspection Zone also includes the Independent 
State of Samoa.

[USCG-2010-0351, 75 FR 36277, June 25, 2010]



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

    Sector Guam's office is located in Santa Rita, Guam. The boundaries 
of Sector Guam's Marine Inspection Zone and Captain of the Port Zone 
comprise the Territory of Guam and the adjacent waters of the EEZ, and 
the Commonwealth of the Northern Mariana Islands and the adjacent waters 
of the EEZ. Sector Guam's Marine Inspection Zone also includes the 
Republic of Palau, the Republic of the Marshall Islands, and the 
Federated States of Micronesia.

[USCG-2006-25556, 72 FR 36326, July 2, 2007, as amended by USCG-2010-
0351, 75 FR 36277, June 25, 2010]



Sec.  3.70-20  Activities Far East Marine Inspection Zone.

    (a) Activities Far East's office is located in Yokota, Japan. The 
boundaries of Activities Far East's Marine Inspection Zone coincide with 
the boundaries of the Fourteenth Coast Guard District, which are 
described in Sec.  3.70-1, excluding those areas within the Honolulu and 
Guam Marine Inspection Zones, as described in this part.
    (b) Only for this part, the boundary between Activities Far East and 
Activities Europe Marine Inspection Zones is demarked by a southerly 
line bisecting the border of the Republic of India and the Islamic 
Republic of Pakistan.

[USCG-2010-0351, 75 FR 36277, June 25, 2010]



              Subpart 3.85_Seventeenth Coast Guard District



Sec.  3.85-1  Seventeenth district.

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

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

[[Page 53]]



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

    Sector Juneau's office is located in Juneau, AK. The boundaries of 
Sector Juneau's Southeast Alaska Marine Inspection and Captain of the 
Port Zones start at latitude 60 deg.0118" N, longitude 142 deg.0000" 
W, proceeding northeast to the EEZ near the Canadian border at latitude 
60 deg.1824" N, longitude 141 deg.0000" W; thence south and east along 
the EEZ on the United States-Canadian shore side boundary to the 
intersection of the Canadian coast and the Coast Guard District 
Seventeen southern border at latitude 54 deg.4000" N, longitude 
131 deg.1506" W; thence west along the southern border of Coast Guard 
District Seventeen to the intersection with the outermost extent of the 
EEZ at latitude 54 deg.3811" N, longitude 140 deg.0126" W; thence 
north along the outermost extent of the EEZ to latitude 56 deg.1450" N, 
longitude 142 deg.0000" W; thence north to the point of origin.

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



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

    Sector Anchorage's office is located in Anchorage, AK. A subordinate 
unit, Marine Safety Unit (MSU) Valdez, is located in Valdez, AK.
    (a) Sector Anchorage's Western Alaska Marine Inspection and Captain 
of the Port Zones start near the Canadian border on the EEZ at latitude 
60 deg.1824" N, longitude 141 deg.0000" W, proceeding southwest to 
latitude 60 deg.0118" N, longitude 142 deg.0000" W; thence south to 
the outermost extent of the EEZ at latitude 56 deg.1450" N, longitude 
142 deg.0000" W; thence southwest along the outermost extent of the EEZ 
to latitude 51 deg.2215" N, longitude 167 deg.3828" E; thence 
northeast along the outermost extent of the EEZ to latitude 
65 deg.3000" N, longitude 168 deg.5837" W; thence north along the 
outermost extent of the EEZ to latitude 72 deg.4629" N, longitude 
168 deg.5837" W; thence northeast along the outermost extent of the EEZ 
to latitude 74 deg.4235" N, longitude 156 deg.2830" W; thence 
southeast along the outermost extent of the EEZ to latitude 
72 deg.5649" N, longitude 137 deg.3408" W; thence south along the 
outermost extent of the EEZ to the coast near the Canadian border at 
latitude 69 deg.3848.88" N, longitude 140 deg.5952.7" W; thence south 
along the United States-Canadian boundary to the point of origin; and in 
addition, all the area described in paragraph (b) of this section.
    (b) The boundaries of MSU Valdez's Prince William Sound Marine 
Inspection and Captain of the Port Zones start at Cape Puget at latitude 
59 deg.5604" N, longitude 148 deg.2600" W, proceeding north to 
latitude 61 deg.3000" N, longitude 148 deg.2600" W; thence east to the 
United States-Canadian boundary at latitude 61 deg.3000" N, longitude 
141 deg.0000" W; thence south along the United States-Canadian boundary 
to latitude 60 deg.1824" N, longitude 141 deg.0000" W; thence 
southwest to the sea at latitude 60 deg.0118" N, longitude 
142 deg.0000" W; thence south to the outermost extent of the EEZ at 
latitude 56 deg.1450" N, longitude 142 deg.0000" W; thence along the 
outermost boundary of the EEZ to latitude 54 deg.4926" N, longitude 
148 deg.2600" W; thence north to the point of origin.

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



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



Sec.
4.01 Purpose.
4.02 Display.

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



Sec.  4.01  Purpose.

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

[[Page 54]]

and Budget (``OMB'') for each agency information collection requirement.

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



Sec.  4.02  Display.

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


[69 FR 34924, June 23, 2004]



PART 5_COAST GUARD AUXILIARY--Table of Contents



                            Subpart A_General

Sec.
5.1 Definitions.
5.3 Purpose.
5.5 Organization, officers, and leadership.
5.7 Administration, specific authorizations.
5.9 References.

                          Subpart B_Membership

5.10 Eligibility for membership.
5.11 Honorary members.
5.12 Offices, titles, designations, qualifications, and recognition.
5.13 Advancement.
5.14 Uniforms and insignia.
5.15 [Reserved]
5.16 Compensation and travel expenses.
5.17 Status of members as Federal employees.
5.18 Injury or death in the line of duty.
5.19 Disenrollment.

             Subpart C_Activities, Operations, and Training

5.20 Authority.

[[Page 55]]

5.22 Assignment to duties.
5.24 Procedure for assignment to duty.
5.26 Training, examination, and assignment.

                Subpart D_Facilities and Other Equipment

5.30 Facilities and other equipment.
5.32 Offer of member-owned vessels, aircraft, radio stations, motorized 
          vehicles, trailers, and other equipment for use as a facility.
5.34 Offers of personal property of the Auxiliary for use as a facility.
5.36 Loan of vessels, aircraft, radio stations, motorized vehicles, 
          trailers, or other equipment to the Coast Guard.

                      Subpart E_Auxiliary Markings

5.40 Distinctive markings for vessels, aircraft, motorized vehicles, 
          trailers, radio stations, and other equipment.
5.41 Auxiliary emblem.
5.42 Auxiliary ensign.
5.43 Auxiliary mark.
5.44 Auxiliary facility decal.
5.45 Patrol sign.
5.46 Auxiliary patrol ensign.
5.47 Coast Guard ensign.
5.48 Marking of aircraft.

    Authority: 14 U.S.C. 633, 821, 822, 823, 823a, 824, 826, 827, 828, 
829, 830, 831, 832, 892.

    Source: USCG-1999-6712, 80 FR 3476, Jan. 23, 2015, unless otherwise 
noted.



                            Subpart A_General



Sec.  5.1  Definitions.

    Certain terms used in this part are defined as follows:
    Aircraft means any contrivance now known or hereafter invented, 
used, or designed for navigation of or flight in the air.
    Auxiliary means the United States Coast Guard Auxiliary established 
pursuant to the Auxiliary Act.
    Auxiliary Act means the laws governing the Coast Guard Auxiliary, 
codified in chapters 23 and 25 of Title 14, United States Code (14 
U.S.C. 821-894).
    Commandant means the Commandant of the United States Coast Guard.
    Direct Law Enforcement includes boarding a vessel for law 
enforcement purposes, carrying firearms or law enforcement equipment 
(handcuffs, pepper spray, etc.), investigating complaints of negligent 
operations, serving subpoenas, and covert operations. For more details 
see Chapter 4.E. of the Auxiliary Operations Policy Manual, COMDTINST 
M16798.3 (series).
    Facility means a vessel, aircraft, radio station, motorized vehicle, 
trailer, or other equipment accepted for use by the Coast Guard.
    Member means any person who is a member of the Auxiliary.
    Motorboat means any documented or numbered vessel propelled by 
machinery.
    Personal property of the Auxiliary means a vessel, aircraft, radio 
station, motorized vehicle, trailer, or other equipment owned by, or 
under the administrative jurisdiction of, the Coast Guard Auxiliary or 
an Auxiliary unit, and that is used solely for Auxiliary purposes and in 
accordance with the Auxiliary Act.
    Radio station means any equipment (including a building, 
recreational vehicle, trailer, or other motorized vehicle which houses 
such equipment) used for radio communication or direction finding.
    Secretary means the Secretary of the Department in which the Coast 
Guard is operating.
    Vessel means any water craft, including non-displacement craft and 
seaplanes, used, or capable of being used, as a means of transportation 
on water.
    Yacht means either--
    (1) Any documented or numbered vessel used exclusively for pleasure; 
or
    (2) Any sailboat used exclusively for pleasure more than 16 feet in 
length measured end-to-end over the deck, excluding sheer.



Sec.  5.3  Purpose.

    (a) The Auxiliary is a uniformed, volunteer, non-military 
organization administered by the Commandant under the direction of the 
Secretary.
    (b) The purpose of the Auxiliary is to assist the Coast Guard, as 
authorized by the Commandant, in performing any Coast Guard function, 
power, duty, role, mission, or operation authorized by law.
    (c) Auxiliary units assist the Coast Guard in maintenance and 
upkeep, and in conducting tours of Coast Guard and other Federal- or 
State-owned structures and property.

[[Page 56]]

    (d) The Auxiliary assist Federal, State, and municipal agencies, as 
authorized by the Commandant.



Sec.  5.5  Organization, officers, and leadership.

    (a) The Coast Guard Auxiliary is organized pursuant to the Auxiliary 
Act and Coast Guard regulations. Organizational elements include a 
national board and staff, national leadership, areas, districts, 
regions, divisions, and flotillas. A flotilla is the basic 
organizational unit of the Auxiliary.
    (b) The Auxiliary has elected and appointed officers.
    (1) Elected officers are in charge of Auxiliary units and elements 
at both the national and local levels of the Auxiliary organization. The 
Unit Leader is the senior elected officer at each level of the Auxiliary 
organization: Flotilla Commanders, Division Commanders, District 
Commodores, and the National Commodore are unit leaders.
    (2) Appointed officers are appointed by elected officers and hold 
staff positions in Auxiliary units at both the national and local levels 
of the Auxiliary organization.
    (c) For all Auxiliary units, the Unit Leader is the person 
authorized to exercise the authority set forth in Sec.  5.7 on behalf of 
his or her unit, and may delegate that authority.
    (d) For all Auxiliary units, the Finance Officer is the person 
authorized to handle, transfer and disburse bank accounts, monies, 
stocks, bonds, and other items of intangible personal property on behalf 
of his or her Auxiliary Unit.



Sec.  5.7  Administration, specific authorizations.

    (a) The Commandant may delegate any authority vested in him or her 
by the Auxiliary Act or by this part to personnel of the Coast Guard and 
members of the Auxiliary in the manner and to the extent as the 
Commandant deems necessary or appropriate for the functioning, 
organization, and internal administration of the Auxiliary.
    (b) The Commandant has authorized Auxiliary Unit Leaders to take the 
following actions in furtherance of the authorized missions of the 
Auxiliary. This is not an exclusive list--
    (1) Acquire, own, hold, use, and dispose of vessels, aircraft, 
motorized vehicles, trailers, radio stations, electronic equipment and 
other items of tangible, personal property;
    (2) Accept ownership, custody, or use of vessels, boats, aircraft, 
radio stations, motorized vehicles, trailers, electronic equipment, and 
other tangible property from the Coast Guard, from other Federal, State, 
or municipal agencies, or from private or non-profit groups;
    (3) Create and manage bank accounts, monies, stocks, bonds, and 
other financial instruments;
    (4) Accept and use gifts, grants, legacies, and bequests;
    (5) Accept funds, materials, services, and the use of facilities 
from public and private entities and Federal, State, or municipal 
agencies;
    (6) Enter into licenses, leases, contracts, memoranda of agreement, 
or understanding, and other agreements; and
    (7) Enter into cooperative agreements and grant agreements with the 
Coast Guard and other Federal, State, or municipal agencies.
    (c) The national board of the Auxiliary may form a corporation under 
State law and Coast Guard policy to manage the Auxiliary's fiscal 
affairs. The national corporation may--
    (1) Hold copyrights, trademarks, and titles to Auxiliary property;
    (2) Contract with the Coast Guard and other Federal, State, and 
municipal agencies to procure such goods and services;
    (3) Receive grants, gifts, and other items on behalf of the 
Auxiliary; and
    (4) Conduct other activities as may be authorized by the Commandant.
    (d) An Auxiliary district or region may form a corporation under 
State law and Coast Guard policy.



Sec.  5.9  References.

    Further guidance on Auxiliary missions and activities may be found 
in Coast Guard directives and publications, including the Auxiliary 
Manual (Commandant Instruction M16790.1(series)) and the Auxiliary 
Operations Policy Manual (Commandant

[[Page 57]]

Instruction M16798.3(series)). Those directives and publications can be 
found online at http://www.uscg.mil/auxiliary/publications/comdtinst/.



                          Subpart B_Membership



Sec.  5.10  Eligibility for membership.

    (a) To be eligible for membership in the Auxiliary, a person must--
    (1) Be a United States citizen, a national of the United States or 
of its Territories and possessions, or an alien lawfully admitted for 
permanent residence; and
    (2) Meet the standards for enrollment, retention, and conduct 
established by the Commandant.
    (b) An applicant who is accepted for membership will be enrolled in 
the Auxiliary and will be issued a membership certificate and 
identification card. Possession of a membership certificate or 
identification card does not entitle a person to any rights or 
privileges of the Coast Guard or the Coast Guard Reserve except as 
authorized by the Commandant.



Sec.  5.11  Honorary members.

    The Commandant may grant any person honorary membership in the 
Auxiliary. An honorary member of the Auxiliary, solely by reason of such 
honorary membership, is not entitled to any of the rights, benefits, 
privileges, duties, or obligations of Auxiliary membership.



Sec.  5.12  Offices, titles, designations, qualifications, and recognition.

    Members of the Auxiliary will have such offices, titles, 
designations, qualifications, and recognition for achievements as 
prescribed by the Commandant.



Sec.  5.13  Advancement.

    The Commandant will prescribe the circumstances and qualifications 
under which members of the Auxiliary may be advanced in offices and 
programs.



Sec.  5.14  Uniforms and insignia.

    (a) Members of the Auxiliary are authorized to wear uniforms, 
uniform insignia, and awards as prescribed by the Commandant. Auxiliary 
uniform insignia indicate, and are solely associated with, Auxiliary 
offices, titles, designations, qualifications, and achievements. 
Auxiliary uniform insignia do not indicate rank in any military service 
or government agency.
    (b) Members of the Auxiliary may purchase from the Coast Guard such 
uniforms, insignia, and awards as may be authorized by the Commandant.



Sec.  5.15  [Reserved]



Sec.  5.16  Compensation and travel expenses.

    (a) Except as provided in paragraph (b) of this section, no member 
of the Auxiliary will receive any compensation for services as a member 
of the Auxiliary.
    (b) A member of the Auxiliary may be paid actual necessary 
travelling expenses, including a per diem allowance.



Sec.  5.17  Status of members as Federal employees.

    Members of the Auxiliary are not considered Federal employees except 
as provided by 14 U.S.C. 823a or other provisions of law.



Sec.  5.18  Injury or death in the line of duty.

    (a) The performance of duty, as the term is used in this part, 
includes time spent in the performance of duty, travel between duty 
locations, and travel between a place of assigned duty and either the 
Auxiliarist's permanent residence or other appropriate non-duty 
destination.
    (b) A member of the Auxiliary who incurs physical injury or 
contracts sickness or disease in the performance of duty is entitled to 
medical and dental care until the resulting impairment cannot be 
materially improved by further hospitalization or treatment. A member of 
the Auxiliary who incurs physical injury or contracts sickness or 
disease in the performance of duty is entitled to obtain medical care 
from the Coast Guard, including through Coast Guard arrangements with a 
contract provider, the Public Health Service, the Department of Defense, 
or a Veterans' Administration facility.
    (c) If a member of the Auxiliary is physically injured or dies as a 
result of

[[Page 58]]

physical injury, and the injury is incurred in the performance of duty, 
the member or the member's beneficiaries are authorized to receive 
compensation in accordance with 14 U.S.C. 707, 5 U.S.C. 8133 and 8134 
and section 651 of Public Law 104-208 (5 U.S.C. 8133 Note).



Sec.  5.19  Disenrollment.

    A member of the Auxiliary will be disenrolled on the member's 
request, upon ceasing to possess the qualifications for membership, for 
cause, or upon direction of the Commandant.



             Subpart C_Activities, Operations, and Training



Sec.  5.20  Authority.

    (a) Except as provided in paragraphs (b) and (c) of this section, or 
otherwise limited by the Commandant, members of the Auxiliary assigned 
to duty will have the same authority in that duty's execution as a 
member of the Coast Guard who is assigned to a similar duty.
    (b) Members of the Auxiliary are not authorized to engage in direct 
law enforcement or military missions.
    (c) Members of the Auxiliary are not authorized to enforce limited 
access areas, regulated navigation areas, or special local regulations. 
Members of the Auxiliary assigned to patrol limited access areas, 
regulated navigation areas, or areas regulated under special local 
regulations may advise the public regarding compliance with the limited 
access area, regulated navigation area, or areas regulated by special 
local regulations.



Sec.  5.22  Assignment to duties.

    Members of the Auxiliary will not be assigned duties until they have 
been found to be competent to perform such duties and have been 
designated by authority of the Commandant to perform such duties.



Sec.  5.24  Procedure for assignment to duty.

    Members and facilities may be assigned to duty by any of the 
following procedures:
    (a) Verbal or written orders issued by competent Coast Guard 
authority;
    (b) The actual performance of an authorized activity or mission by a 
qualified member of the Auxiliary; or
    (c) Other procedures as designated by the Commandant.



Sec.  5.26  Training, examination, and assignment.

    (a) The Commandant will prescribe, through the Coast Guard Auxiliary 
directives referenced in Sec.  5.9, the type of training, 
qualifications, and examinations required before a member of the 
Auxiliary will be deemed qualified to perform certain duties, and will 
prescribe the circumstances and manner in which members of the Auxiliary 
will be authorized to perform regular and emergency duties.
    (b) The Commandant may authorize members of the Auxiliary to pursue 
correspondence courses and distance-learning courses conducted by the 
Coast Guard Institute or other authorized Coast Guard providers and to 
attend other courses and training available to members of the Coast 
Guard or Coast Guard Reserve.



                Subpart D_Facilities and Other Equipment



Sec.  5.30  Facilities and other equipment.

    (a) This subpart contains regulations related to the facilities and 
other equipment used by the Auxiliary or loaned by the Auxiliary to the 
Coast Guard.
    (b) Status--(1) Duty. Personal property of the Auxiliary, except 
when used for other than Auxiliary purposes in accordance with 14 U.S.C. 
822, will be considered assigned to authorized Coast Guard duty at all 
times.
    (2) Liability. Personal property of the Auxiliary, except when used 
for other than Auxiliary purposes in accordance with 14 U.S.C. 822, will 
be treated as property of the United States for the purposes of the 
Federal Tort Claims Act, the Military Claims Act, the Public Vessels 
Act, the Suits in Admiralty Act, the Admiralty Extension Act, and other 
matters related to non-contractual civil liability. Personal property of 
the Auxiliary is not normally covered for damage to the property itself.
    (3) Federal status of facilities and other equipment. A vessel, 
aircraft, or radio

[[Page 59]]

station owned by, in the custody of, or under the administrative 
jurisdiction of the Auxiliary will be considered a public vessel of the 
United States, public vessel of the Coast Guard, public aircraft, Coast 
Guard Aircraft, and/or government station, in accordance with federal 
law.
    (c) Expenses. (1) The Coast Guard may reimburse expenses related to 
the use, operation, or maintenance of a facility.
    (2) The Coast Guard may reimburse expenses for damage or loss to or 
by a facility, including remediation, restoration, repair, replacement, 
or salvage costs.
    (3) The Coast Guard may provide an allowance for the maintenance of 
a facility.



Sec.  5.32  Offers of member-owned vessels, aircraft, radio stations,
motorized vehicles, trailers, and other equipment for use as a facility.

    (a) Members of the Auxiliary wishing to offer vessels, aircraft, 
radio stations, motorized vehicles, trailers, or other equipment for use 
as a facility must follow the procedures set forth in the Auxiliary 
Operations Policy Manual referenced in Sec.  5.9.
    (b) Upon acceptance of the vessels, aircraft, radio stations, 
motorized vehicles, trailers, or other equipment as a facility, the 
Coast Guard will issue to the member the appropriate numbers and decals 
identifying the facility as a Coast Guard Auxiliary facility.
    (c) In an emergency, vessels, aircraft, radio stations, motorized 
vehicles, trailers, or other equipment may be accepted by the Coast 
Guard without an inventory or the use of the prescribed forms.



Sec.  5.34  Offers of personal property of the Auxiliary for use
as a facility.

    (a) Auxiliary units wishing to offer personal property of the 
Auxiliary (usually unit-owned property) for use as a facility must 
follow the procedures set forth in the Auxiliary Operations Policy 
Manual referenced in Sec.  5.9.
    (b) Upon acceptance of the personal property of the Auxiliary as a 
facility, the Coast Guard will issue to the Auxiliary unit the 
appropriate numbers and decals identifying the facility as a Coast Guard 
Auxiliary facility.
    (c) In an emergency, personal property of the Auxiliary may be 
accepted by the Coast Guard without an inventory or the use of 
prescribed forms.



Sec.  5.36  Loan of vessels, aircraft, radio stations, motorized 
vehicles, trailers, or other equipment to the Coast Guard.

    (a) A vessel, aircraft, radio station, motorized vehicle, trailer, 
or other equipment may be loaned to the Coast Guard for a specific 
period, and must be returned at the expiration of that period, unless 
circumstances or an emergency make the return impracticable at that 
time. The Commandant will determine the method, time, and documents to 
be exchanged upon the return to the owner of any facility. The property 
will be re-inventoried as of the time, date, and place of re-delivery, 
and mutually settled by the owner and the Coast Guard representative. If 
the vessel, aircraft, radio station, motorized vehicle, trailer, or 
other equipment was accepted during an emergency, any claim for lost 
equipment or stores must be supported by invoices showing the date of 
purchase and the cost thereof by the person submitting the claim. The 
Coast Guard representative will take all proper precautions to protect 
the owner's interest, as well as that of the United States.
    (b) Except as permitted in paragraph (c) of this section, no vessel, 
aircraft, radio station, motorized vehicle, trailer, or other equipment 
will be deemed loaned to the Coast Guard until an acceptance, on the 
prescribed form, has been signed on behalf of the Coast Guard by a 
person authorized by the Commandant to sign such an acceptance and a 
complete inventory of consumable and expendable stores and equipment has 
been made and mutually settled by the owner and the Coast Guard 
representative.
    (c) In an emergency, a vessel, aircraft, radio station, motorized 
vehicle, trailer, or other equipment may be loaned to Coast Guard 
without an inventory or the use of the prescribed form.

[[Page 60]]



                      Subpart E_Auxiliary Markings



Sec.  5.40  Distinctive markings for vessels, aircraft, motorized
vehicles, trailers, radio stations, and other equipment.

    (a) This subpart describes the design and display of distinctive 
markings used by Auxiliary vessels, aircraft, motorized vehicles, 
trailers, radio stations, and other equipment. These markings are 
established in the directives referenced in Sec.  5.9 and the U.S. Coast 
Guard Heraldry Manual (COMDTINST M5200.14(series)).
    (b) Auxiliary markings on vessels, aircraft, motorized vehicles, 
trailers, radio stations and other equipment. (1) Vessels, aircraft, 
motorized vehicles, trailers, radio stations, and other equipment which 
are owned by Auxiliary members, or are personal property of the 
Auxiliary, or are otherwise affiliated with the Auxiliary may display 
the Auxiliary emblem (Sec.  5.41), the Auxiliary ensign (Sec.  5.42), 
and/or the Auxiliary mark (Sec.  5.43).
    (2) Vessels, aircraft, motorized vehicles, trailers, radio stations, 
and other equipment which are personal property of the Auxiliary may be 
marked ``U.S. COAST GUARD AUXILIARY'', ``U.S. COAST GUARD AUX'', or 
``USCGAUX'' in accordance with Coast Guard policy.
    (3) Vessels, aircraft, motorized vehicles, trailers, radio stations, 
and other equipment which have been accepted as facilities shall display 
the Auxiliary facility decal (Sec.  5.44).
    (4) Vessels that have been accepted as facilities and are on patrol, 
whether or not they are underway, shall display the National Ensign, the 
patrol sign (Sec.  5.45) and either the patrol ensign (Sec.  5.46) or 
the Coast Guard ensign (Sec.  5.47) as appropriate and able.
    (5) Vessels that have been accepted as facilities and are on patrol, 
whether or not they are underway, and have a Coast Guard commissioned, 
warrant, or non-commissioned officer onboard shall display the Coast 
Guard ensign in place of the patrol ensign.
    (c)(1) Any person who desires to reproduce Coast Guard Auxiliary 
markings for non-Coast Guard Auxiliary use must obtain approval from 
Commandant (CG-BSX-11), Attn: Auxiliary Division, U.S. Coast Guard Stop 
7501, 2703 Martin Luther King Jr. Ave. SE., Washington, DC 20593-7501.
    (2) Unauthorized use of Auxiliary markings is subject to the 
penalties of 14 U.S.C. 638, 639 and 892.



Sec.  5.41  Auxiliary emblem.

    (a) Description. The Auxiliary emblem consists of a disk with the 
shield of the Coat of Arms of the United States circumscribed by an 
annulet edged and inscribed ``U.S. COAST GUARD AUXILIARY'', all in front 
of two crossed anchors.
    (b) Display. The Auxiliary emblem is used as identification on 
Auxiliary ensigns, flags, pennants, decals, and patrol signs. The emblem 
is used on Auxiliary insignia, such as the member collar device, cap 
device, and Auxiliary aviator, coxswain, and Auxiliary Operator (AUXOP) 
devices, and on publications, stationery, clothing, and jewelry.



Sec.  5.42  Auxiliary ensign.

    (a) Description. The field of the Auxiliary ensign is medium blue 
(Coast Guard blue) with a broad diagonal white slash upon which a 
matching blue Coast Guard Auxiliary emblem is centered. The white slash 
must be at a 70 degree angle, rising away from the hoist.
    (b) Display. The Auxiliary ensign may be displayed by any member of 
the Auxiliary on a vessel, aircraft, radio station, building, or other 
location at any time, under such conditions as the Commandant may 
direct.



Sec.  5.43  Auxiliary mark.

    (a) Description. The Auxiliary mark consists of a broad diagonal 
blue stripe followed (to the left or aft) by two narrow stripes--first a 
white stripe, and then a red stripe. The Auxiliary emblem, as described 
in Sec.  5.41, is centered in the diagonal blue stripe.
    (b) Display. The Auxiliary mark is used to identify personal 
property of the Auxiliary and on Coast Guard Auxiliary authorized 
publications, stationery, jewelry, and similar items.



Sec.  5.44  Auxiliary facility decal.

    (a) Description. The Auxiliary facility decal is composed of two 
parts. The upper part is a conventional white

[[Page 61]]

shield with a medium blue (Coast Guard blue) Coast Guard Auxiliary 
emblem centered on a broad diagonal red (Coast Guard red) slash which is 
at a 70 degree angle, rising toward the viewer's right. The red (Coast 
Guard red) slash is followed, on the viewer's left, by two narrow, 
parallel stripes--first a white stripe, and then a medium blue (Coast 
Guard blue) stripe. The entire design is centered on the shield. The 
lower part displays two laterally radiating wreath branches centered 
immediately beneath the shield. A broad diagonal red (Coast Guard red) 
slash, which is at a 70 degree angle, rising toward the viewer's right 
and followed, on the viewer's left, by two narrow, parallel stripes, 
first a white stripe and then a medium blue (Coast Guard blue) stripe, 
is displayed on the wreath's right-hand branch.
    (b) Display. Vessels, aircraft, motorized vehicles, trailers, radio 
stations and other equipment accepted for use by the Coast Guard must 
display the Auxiliary facility decal as authorized in the Auxiliary 
Operations Policy Manual referenced in Sec.  5.9.
    (1) On vessels, the decal must be displayed on the port side of the 
vessel so as to be visible by another vessel when meeting such vessel in 
a port-to-port situation.
    (2) On aircraft, the decal must be displayed on the pilot's side of 
the forward half of the aircraft.
    (3) On radio facilities, the miniature decal must be displayed on 
the radio, and the full-size decal must be displayed on the exterior or 
interior of the building or trailer in which the radio is housed, or, in 
the case of mobile radios, on any legal place on the motor vehicle in 
which the radio is contained.
    (4) On motorized vehicles, trailers and other equipment, the decal 
must be displayed on a clearly visible exterior location.



Sec.  5.45  Patrol sign.

    (a) Description. The Auxiliary facility patrol sign has the words 
``Coast Guard Auxiliary Patrol'' in black or dark blue lettering and 
must contain the Auxiliary emblem, as described in this subpart, 
centered within the confines of a broad diagonal red (Coast Guard red) 
stripe which is at a 70 degree angle rising toward the bow of the 
vessel. The red (Coast Guard red) stripe is followed, away from the bow, 
by two narrow, parallel stripes--first a white stripe, and then a medium 
blue (Coast Guard blue) stripe. The background of the sign must be 
white.
    (b) Display. (1) The patrol sign must be displayed by vessels while 
on patrol, whether or not the vessel is underway.
    (2) The patrol sign must be displayed on the forward half of each 
side and may be displayed on the stern of the vessel.
    (3) The patrol sign may be displayed on each side of a motorized 
vehicle or trailer containing a mobile radio or radio direction finding 
unit while assigned to Coast Guard duty. Normally, they will be placed 
in any legal position on the upper half of both sides of the vehicle.



Sec.  5.46  Auxiliary patrol ensign.

    (a) Description. The field of the Auxiliary patrol ensign is white. 
A medium blue (Coast Guard blue) Coast Guard Auxiliary emblem is 
centered on a broad diagonal red (Coast Guard red) slash which is at a 
70 degree angle, rising toward the hoist. The red (Coast Guard red) 
slash is followed, away from the hoist, by two narrow, parallel 
stripes--first a white stripe, and then a medium blue (Coast Guard blue) 
stripe. The entire design is centered on the ensign.
    (b) Display. Vessels that have been accepted as facilities shall 
display the Auxiliary patrol ensign when on patrol, whether or not the 
vessel is underway. The Auxiliary patrol ensign must be displayed at the 
mast head or from the most conspicuous hoist.



Sec.  5.47  Coast Guard ensign.

    (a) Description. The Coast Guard ensign is described in 33 CFR 
23.15.
    (b) Display. Vessels that have been accepted as facilities and that 
have a Coast Guard commissioned, warrant or non-commissioned officer 
onboard shall display the Coast Guard ensign in place of the Auxiliary 
patrol ensign while on patrol, whether or not the vessel is underway. 
The Coast Guard ensign must be displayed at the mast

[[Page 62]]

head or from the most conspicuous hoist.



Sec.  5.48  Marking of aircraft.

    (a) Aircraft owned by members of the Auxiliary or that are personal 
property of the Auxiliary may also display the Auxiliary emblem on both 
sides of the vertical stabilizer (outside of the stabilizer for twin 
tail aircraft) or on both sides of the fuselage aft of the wing.
    (b) Aircraft which are accepted as facilities may be marked with the 
Auxiliary mark (Sec.  5.43) and/or the word ``RESCUE'' on the underside 
of the wing or fuselage for easier identification from the ground.



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



                        Subpart 6.01_Definitions

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

                     Subpart 6.04_General Provisions

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

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

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

 Subpart 6.12_Supervision and Control of Explosives or Other Dangerous 
                                  Cargo

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

   Subpart 6.14_Security of Waterfront Facilities and Vessels in Port

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

              Subpart 6.16_Sabotage and Subversive Activity

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

                         Subpart 6.18_Penalties

6.18-1 Violations.

   Subpart 6.19_Responsibility for Security of Vessels and Waterfront 
                               Facilities

6.19-1 Primary responsibility.

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

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

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



                        Subpart 6.01_Definitions



Sec.  6.01-1  Commandant.

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



Sec.  6.01-2  District Commander.

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



Sec.  6.01-3  Captain of the Port.

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

[USCG-2013-0397, 78 FR 39170, July 1, 2013]

[[Page 63]]



Sec.  6.01-4  Waterfront facility.

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

[E.O. 13143, 64 FR 68273, Dec. 6, 1999]



Sec.  6.01-5  Security zone.

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

[E.O. 11249, 30 FR 13001, Oct. 13, 1965]



Sec.  6.01-6  Area Commander.

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

[E.O. 13273, 67 FR 56215, Sept. 3, 2002]



                     Subpart 6.04_General Provisions



Sec.  6.04-1  Enforcement.

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

[E.O. 13273, 67 FR 56215, Sept. 3, 2002]



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

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

[E.O. 11249, 30 FR 13001, Oct. 13, 1965]



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

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

[E.O. 11249, 30 FR 13001, Oct. 13, 1965]



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

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

[E.O. 11249, 30 FR 13002, Oct. 13, 1965]

[[Page 64]]



Sec.  6.04-8  Possession and control of vessels.

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



Sec.  6.04-11  Assistance of other agencies.

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



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



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

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

[E.O. 10352, 17 FR 4624, May 21, 1952]



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

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



Sec.  6.10-7  Identification credentials.

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

[E.O. 10277, 16 FR 7541, Aug. 2, 1951]



Sec.  6.10-9  Appeals.

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

[[Page 65]]

with the safeguarding of the national security.



 Subpart 6.12_Supervision and Control of Explosives or Other Dangerous 
                                  Cargo



Sec.  6.12-1  General supervision and control.

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

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



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

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



   Subpart 6.14_Security of Waterfront Facilities and Vessels in Port



Sec.  6.14-1  Safety measures.

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

[E.O. 10277, 16 FR 7541, Aug. 2, 1951]



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

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

[E.O. 10277, 16 FR 7541, Aug. 2, 1951]



              Subpart 6.16_Sabotage and Subversive Activity



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

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



Sec.  6.16-3  Precautions against sabotage.

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



                         Subpart 6.18_Penalties



Sec.  6.18-1  Violations.

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

    If any owner, agent, master, officer, or person in charge, or any 
member of the crew of any such vessel fails to comply with any 
regulation or rule issued or order given under the provisions of this 
title, or obstructs or

[[Page 66]]

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



   Subpart 6.19_Responsibility for Security of Vessels and Waterfront 
                               Facilities



Sec.  6.19-1  Primary responsibility.

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

[E.O. 10277, 16 FR 7541, Aug. 2, 1951]



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



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

    Authority: 14 U.S.C. 633.

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



Sec.  8.1  Functions of the Coast Guard Reserve.

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

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



Sec.  8.3  Organization of the Coast Guard Reserve.

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

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



Sec.  8.5  Regulations for the Coast Guard Reserve.

    (a) Regulations for the Coast Guard Reserve are established by the 
Commandant.
    (b) Permanent regulations are published in Coast Guard publications 
and manuals and include the following:

[[Page 67]]

    (1) Coast Guard Regulations.
    (2) Coast Guard Organization Manual.
    (3) Coast Guard Reserve Policy Manual.
    (4) Personnel Manual.
    (5) Recruiting Manual.
    (6) Military Justice Manual.
    (7) Comptroller Manual.
    (c) Temporary regulations and orders affecting Reservists are 
included in instructions or notices in the Coast Guard directives 
system.
    (d) Other regulations that affect the Reserve are located in 
Department of Defense and Department of the Navy regulations in Title 32 
of the Code of Federal Regulations.

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



Sec.  8.7  Information.

    (a) Information concerning the Coast Guard Reserve may be obtained 
from Commandant (CG-131), Attn: Office of Reserve Affairs, U.S. Coast 
Guard Stop 7907, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 
20593-7907.
    (b) Information and requirements for enlistment in the Coast Guard 
Reserve or concerning the procurement of officers for the Coast Guard 
Reserve can be obtained from the following offices:
    (1) Any Coast Guard Recruiting Office.
    (2) Coast Guard Recruiting Center, 4200 Wilson Boulevard, Suite 450, 
Arlington, VA 22203.

[CGD 96-026, 61 FR 33662, June 28, 1996, as amended by USCG-2010-0351, 
75 FR 36278, June 25, 2010; USCG-2014-0410, 79 FR 38427, July 7, 2014]



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



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

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

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

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



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



Sec.  13.01-1  General.

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



Sec.  13.01-5  Gold and Silver Lifesaving Medals.

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



Sec.  13.01-10  Gold and silver bars.

    No person shall receive more than one Gold Lifesaving Medal and one 
Silver Lifesaving Medal; but any person

[[Page 68]]

who has received or may hereafter receive a Gold or Silver Lifesaving 
Medal and who again performs an act which would entitle him to receive 
another medal of the same class, may be awarded, in lieu of a second 
medal of the same class, a gold or silver bar, as the case may be, to be 
worn with the medal already bestowed, and for every such additional act, 
an additional bar may be awarded. Gold and silver bars may be awarded 
posthumously.



Sec.  13.01-15  Applications and recommendations.

    (a) All administrative details pertaining to the award of Lifesaving 
Medals are under the jurisdiction of the Commandant. Applications and 
recommendations for the award of a Lifesaving Medal may be filed by or 
in behalf of the person making or attempting a rescue under 
circumstances contemplated by the regulations in this subpart. 
Applications or recommendations for award of medals or requests for 
information pertaining thereto should be addressed to the Commander of 
the Coast Guard District, hereinafter called the District Commander, 
where the incident took place. (See part 3 of this subchapter for 
descriptions of Coast Guard Districts.) If the District is unknown, or 
if the incident took place outside any such district, applications and 
recommendations should be addressed to the Commander, Personnel Service 
Center (PSC-PSD-M&A), U.S. Coast Guard Stop 7200, 4200 Wilson Boulevard 
Suite 1100, Arlington, VA 20598-7200.
    (b) Completed applications must include:
    (1) Satisfactory evidence of the services performed, in the form of 
affidavits, made by eyewitnesses of good repute and standing testifying 
of their own knowledge. The opinion of witnesses that the person for 
whom an award is sought imperiled his or her own life or made signal 
exertions is not sufficient but the affidavits must set forth in detail 
all facts and occurrences tending to show clearly in what manner and to 
what extent life was risked or signal exertions made so that the 
Commandant may judge for himself as to the degree of merit involved.
    (2) The precise locality of the rescue or attempted rescue, whether 
from waters within the United States or subject to the jurisdiction 
thereof, or if the rescue or attempted rescue is outside such waters, 
whether one or the other of the parties is a citizen of the United 
States, or from a vessel or aircraft owned or operated by citizens of 
the United States, shall be stated. The date, time of day, nature of the 
weather, condition of the water, the names of all persons present when 
practicable, the names of all persons rendering assistance, and all 
pertinent circumstances and data, showing the precise nature and degree 
of risk involved, should be stated.
    (c) Recommendations must include:
    (1) As much of the information indicated in paragraphs (b) (1) and 
(2) of this section which is available to the person making the 
recommendation. Upon receipt the Commandant or the cognizant District 
Commander shall cause such recommendation to be referred to an 
investigating officer who shall cause to be developed such additional 
information and evidence as is deemed necessary to either (i) terminate 
the investigation as containing insufficient justification to continue 
further, or (ii) to complete the application for submission to the 
Commandant for his final determination.
    (d) Either the Commandant or the District Commander may, without any 
application or recommendation, of his own motion, order an informal 
investigation into such an incident under Administrative Investigations 
Manual, COMDTINST M5830.1A (2007).
    (e) Affidavits required by this subpart shall be made before an 
officer duly authorized to administer oaths and if taken before an 
officer without an official seal, his official character must be 
certified by the proper officer of a court of record, under the seal 
thereof, unless the oath be taken before an officer of the Armed Forces 
authorized to administer oaths under the provisions of Article 136, UCMJ 
(10 U.S.C. 936).
    (f) Cognizant District Commanders shall act upon all applications 
and recommendations submitted to them from whatever source and shall:

[[Page 69]]

    (1) Forward completed applications with his recommendations to the 
Commandant for his consideration and determination; or,
    (2) Inform the applicant or the person submitting the recommendation 
that he considers such application or recommendation incomplete together 
with the reasons therefor and that a period of 90 days will be allowed 
for additional evidence to be provided upon the expiration of which he 
will file the application or recommendation without further action.
    (g) Whenever the cognizant District Commander shall deem such action 
necessary, he may require that the aforementioned affidavits shall be 
accompanied by a certificate showing the affiants to be credible 
persons, certified by some U.S. Officer, such as a judge or clerk of a 
U.S. Court, district attorney, collector of customs, postmaster, or 
officer of the Armed Forces. If the affiant is a citizen or resident of 
a foreign country and if the affidavit is executed in such foreign 
country, the credibility certificate may be executed by an officer of 
such foreign country, who occupies an official position similar to the 
aforementioned U.S. officers.
    (h) The decision of the Commandant on all applications, 
recommendations, and investigations for the Gold or Silver Lifesaving 
Medals shall be final.

[CGFR 68-134, 33 FR 18932, Dec. 19, 1968, as amended by USCG-2010-0351, 
75 FR 36278, June 25, 2010; USCG-2013-0397, 78 FR 39170, July 1, 2013; 
USCG-2014-0410, 79 FR 38427, July 7, 2014]



Sec.  13.01-20  Definitions.

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



Sec.  13.01-25  Description of Gold Lifesaving Medal.

    (a) The Gold Lifesaving Medal is 99.9 percent pure gold and consists 
of a pendant suspended by a swivel from the head of an eagle attached to 
a silk grogram ribbon 1 and \3/8\ths inches in width, composed of a \3/
16\ths of an inch red stripe, a \1/32\d of an inch white stripe, a \15/
16\ths of an inch gold stripe, a \1/32\d of an inch white stripe, and a 
\3/16\ths of an inch red stripe. The pendant is 1 and \7/16\ths inches 
in diameter and \3/32\ds of an inch in thickness. There appear, on the 
obverse side of the pendant, three men in a boat in a heavy sea; one is 
rescuing a person clinging to a spar at the end of which is a block and 
line; another is standing, prepared to heave a line; a third is rowing; 
in the distance, to the left, is the wreck of a vessel; the whole is 
encircled by the words: ``United States of America'', in the upper half, 
and ``Act of Congress, August 4, 1949'', in the lower half. On the 
reverse side of the pendant there appears, in the center a monument 
surmounted by an American eagle; the figure of a woman stands, to the 
left, holding in her left hand an oak wreath, and with her right hand, 
preparing to inscribe the name of the recipient on the monument; to the 
right are grouped a mast, a yard with a sail, an anchor, a sextant, and 
a laurel branch; the whole is encircled by the words: ``In testimony of 
heroic deeds in saving life from the perils of the water.''
    (b) Engraving: Before presentation, the recipient's name shall be 
inscribed on the ``monument'', on the reverse of the medal.

[[Page 70]]



Sec.  13.01-30  Description of Silver Lifesaving Medal.

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



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

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



Sec.  13.01-40  Miniature medals and bars.

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



Sec.  13.01-45  Replacement of medals and bars.

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



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



                    Subpart 17.01_General Provisions

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

                      Subpart 17.05_Administration

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

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



                    Subpart 17.01_General Provisions



Sec.  17.01-1  Basis and purpose.

    In accordance with 10 U.S.C. 2601 (formerly the Act of March 11, 
1948, secs. 1, to 4, 62 Stat. 71, 72); and Treasury Department Order No. 
167-1, dated January 16, 1953 (18 FR 671), the regulations in this part 
are hereby prescribed to provide for the acceptance and subsequent use 
of gifts, devises, or bequests of property, real or personal, made on 
the condition that they be used for the benefit of, or in connection 
with, the

[[Page 71]]

establishment, operation, maintenance, or administration of any school, 
hospital, library, museum, chapel, or other institution or organization 
under the jurisdiction of the United States Coast Guard.

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



Sec.  17.01-10  Authority to receive gifts.

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

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



                      Subpart 17.05_Administration



Sec.  17.05-1  Gifts.

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

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



Sec.  17.05-5  Acceptance and disbursement of gifts.

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

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



Sec.  17.05-10  Instructions for administration.

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

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



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


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

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

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


[[Page 72]]


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



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

    (a) It is hereby found necessary in the interest of national defense 
to waive compliance with the navigation and vessel inspection laws 
administered by the Coast Guard, as well as the regulations issued 
thereunder and contained in 46 CFR Chapter I or in this chapter, to the 
extent and in the manner and upon the terms and conditions as set forth 
in this section.
    (b) An application requesting that a waiver be made effective with 
respect to a particular vessel may be made by any authorized 
representative of an agency of the United States Government or any other 
interested person (including the master, agent, or owner of the vessel 
involved). Except as provided in paragraph (d) of this section, the 
application shall be in writing. The application shall be delivered to 
the Coast Guard District Commander or to his designated representative 
at the port or place where the vessel is located. In the case of a 
vessel in any port or place of the Canal Zone or in any foreign port or 
place, the application shall be made to the designated representative of 
the Commandant at such port or place, or if the Coast Guard has not 
established facilities in such port or place, to the nearest designated 
representative of the Commandant at a port or place where such 
facilities have been established. Every application shall contain a 
statement of the particular provisions of law with respect to which 
waiver of compliance is requested, a certification that the waiver of 
compliance with such laws with respect to the vessel involved is 
necessary in the interest of national defense and, an outline of the 
facts upon which such certification is based. The Coast Guard District 
Commander (or his designated representative or the designated 
representative of the Commandant, as the case may be) shall promptly 
examine every application for the purpose of determining whether the 
necessity for prompt action is such as to require that the waiver be 
made effective by him without reference to the Commandant. In any case 
in which it appears to the Coast Guard officer concerned that reference 
of the application to the Commandant for action would not delay the 
sailing of the vessel or otherwise be contrary to the interest of 
national defense, the application shall be so referred. In all other 
cases such Coast Guard officer shall give immediate consideration to the 
application and if he reaches the conclusion that the urgency of the 
situation outweighs the marine hazard involved, then such waiver shall 
be made effective in regard to such vessel to the extent and under the 
circumstances specified by him.
    (c) The Coast Guard officer making such a waiver effective pursuant 
to paragraph (b) of this section shall immediately prepare, in 
triplicate, an order setting forth the name of the vessel involved, the 
laws (also regulations, if any) with respect to which the waiver is 
effective, the extent to which compliance with such laws (also 
regulations, if any) is waived, and the period for which the waiver 
shall be effective. If practicable, one copy of this order shall be 
delivered to the master of the vessel involved before such vessel sails. 
In any case where the order is not delivered to the master, it shall be 
delivered to the owner, operator, or agent of the vessel without delay. 
One copy of the order shall be transmitted to the Commandant and the 
remaining copy kept on file.
    (d) In any case of extreme urgency the application for a waiver may 
be made orally and if the Coast Guard District Commander (or his 
designated representative or the designated representative of the 
Commandant, as the case may be) reaches the conclusion referred to in 
paragraph (b) of this section, the waiver shall be made effective 
without further delay, subject to the condition that the application be 
reduced to writing and delivered within such period after the date of 
the oral request as the Coast Guard officer making the waiver effective 
shall specify in the order.
    (e) No penalty shall be imposed because of failure to comply with 
any provision of law (or regulation, if any),

[[Page 73]]

the waiver of which has been made effective pursuant to the requirements 
in this section.

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



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

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

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



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

    (a) Pursuant to the request of the Deputy Secretary of Defense, 
dated August 6, 1958, and to the request of the Assistant Secretary of 
Defense, Installations and Logistics, dated May 23, 1964, made under the 
provisions of section 1 of Pub. L. 891, 81st Congress, approved December 
27, 1950 (64 Stat. 1120; 46 U.S.C., note preceding section 1), and their 
findings that a waiver is necessary in the interest of national defense, 
compliance with the provisions of the navigation and vessel inspection 
laws administered by the United States Coast Guard, as well as the 
regulations issued thereunder and contained in 33 CFR Chapter I, or in 
this chapter, is hereby waived to the extent and upon the terms and 
conditions as set forth in this section, in order to permit vessels 
operated by or chartered to the Military Sealift Command to carry out 
their assigned missions.
    (b) An application requesting that this waiver be made effective 
with respect to a particular vessel may be made by the Commander, 
Military Sealift Command, or any one of his duly designated 
representatives. Except as provided in paragraph (e) of this section, 
the application shall be in writing. The application shall be delivered 
to the Coast Guard District Commander or to his designated 
representative at the port or place where the vessel is located. In the 
case of a vessel in any foreign port or place, the application shall be 
made to the designated representative of the Commandant at such port or 
place, or if the Coast Guard has not established facilities in such port 
or place, to the nearest designated representative of the Commandant at 
a port or place where such facilities have been established, or to the 
Commandant (CG-CVC), Attn: Office of Commercial Vessel Compliance, U.S. 
Coast Guard Stop 7501, 2703 Martin Luther King Jr. Avenue SE., 
Washington, DC 20593-7501. Every application shall:
    (1) Describe the laws and/or regulations by appropriate references 
and/or subjects with respect to which the waiver of compliance is 
desired;
    (2) Contain a certification that the waiver of compliance with such 
laws and/or regulations with respect to the vessel involved is necessary 
in the interest of national defense and is necessary for the Military 
Sealift Command to carry out an assigned mission;
    (3) The name and official number of the vessel involved (including 
the names of master, agent, and owner of the vessel involved); and
    (4) For how long the waiver is needed.
    (c) The Coast Guard officer making the waiver in paragraph (a) of 
this section effective for a particular vessel shall immediately 
prepare, in quadruplicate, an order setting forth:
    (1) The name and official number of the vessel involved;
    (2) The laws and/or regulations with respect to which the waiver is 
effective;
    (3) The extent to which compliance with such laws and/or regulations 
is waived; and
    (4) The period for which the waiver shall be effective.
    (d) If practicable, one copy of this waiver order shall be delivered 
to the master of the vessel involved before such vessel sails. In any 
case where the waiver order is not delivered to the master, it shall be 
delivered to the owner, operator, or agent of the vessel without delay. 
One copy of the waiver

[[Page 74]]

order shall be delivered to the Commander, Military Sealift Command, or 
his duly designated representative, who submitted the application. One 
copy of the waiver order shall be transmitted to the Commandant (CG-CVC) 
and the remaining copy kept on file.
    (e) In any case of extreme urgency, the application for a waiver 
order may be made orally and if the Coast Guard District Commander (or 
his designated representative, or the designated representative of the 
Commandant, or the Commandant, as the case may be), determines that the 
conditions in this section have been met, the waiver order shall be made 
effective without further delay, subject to the condition that the 
application be reduced to writing and delivered within such period after 
the date of the oral request as the Coast Guard officer making the 
waiver effective shall specify in the confirming written waiver order.
    (f) No penalty shall be imposed because of failure to comply with 
any provision of law and/or regulation, the waiver of which has been 
made effective pursuant to the requirements of this section.
    (g) This waiver order shall remain in effect until terminated by 
proper authority and notice of cancellation is published in the Federal 
Register.

[CGFR 64-86, 30 FR 88, Jan. 6, 1965, as amended by CGD 88-052, 53 FR 
25119, July 1, 1988; CGD 96-026, 61 FR 33662, June 28, 1996; USCG-2004-
18057, 69 FR 34925, June 23, 2004; USCG-2010-0351, 75 FR 36278, June 25, 
2010; USCG-2014-0410, 79 FR 38427, July 7, 2014]



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

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

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

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



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

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

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



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



                            Subpart A_General

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

                   Subpart B_Administrative Law Judges

20.201 Assignment.
20.202 Powers.
20.203 Unavailability.
20.204 Withdrawal or disqualification.

[[Page 75]]

20.205 Ex parte communications.
20.206 Separation of functions.

                     Subpart C_Pleadings and Motions

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

                          Subpart D_Proceedings

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

                  Subpart E_Conferences and Settlements

20.501 Conferences.
20.502 Settlements.

                           Subpart F_Discovery

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

                           Subpart G_Hearings

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

                           Subpart H_Evidence

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

                           Subpart I_Decisions

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

                            Subpart J_Appeals

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

  Subpart K_Finality, Petitions for Hearing, and Availability of Orders

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

                      Subpart L_Expedited Hearings

20.1201 Application.
20.1202 Filing of pleadings.
20.1203 Commencement of expedited hearings.
20.1205 Motion for return of temporarily suspended merchant mariner 
          credential, license, certificate of registry, or document.
20.1206 Discontinuance of expedited hearings.
20.1207 Pre-hearing conferences.
20.1208 Expedited hearings.
20.1209 Appeals of ALJ's decisions.

Subpart M_Supplementary Evidentiary Rules for Suspension and Revocation 
                                Hearings

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

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

[[Page 76]]


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



                            Subpart A_General



Sec.  20.101  Scope.

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



Sec.  20.102  Definitions.

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

[[Page 77]]

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

[CGD 98-3472, 64 FR 28062, May 24, 1999, as amended by USCG-2006-24371, 
74 FR 11211, Mar. 16, 2009]



Sec.  20.103  Construction and waiver of rules.

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



                   Subpart B_Administrative Law Judges



Sec.  20.201  Assignment.

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



Sec.  20.202  Powers.

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



Sec.  20.203  Unavailability.

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



Sec.  20.204  Withdrawal or disqualification.

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

[[Page 78]]



Sec.  20.205  Ex parte communications.

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



Sec.  20.206  Separation of functions.

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



                     Subpart C_Pleadings and Motions



Sec.  20.301  Representation.

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



Sec.  20.302  Filing of documents and other materials.

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



Sec.  20.303  Form and content of filed documents.

    (a) Each filed document must clearly--
    (1) State the title of the case;
    (2) State the docket number of the case, if one has been assigned;
    (3) Designate the type of filing (for instance: petition, notice, or 
motion to dismiss);
    (4) Identify the filing party by name and capacity acted in; and
    (5) State the address, telephone number, and any fax number of the 
filing party and, if that party is represented, the name, address, 
telephone number,

[[Page 79]]

and any fax number of the representative.
    (b) Each filed document must--
    (1) Measure 8\1/2\ by 11 inches, except that a table, chart, or 
other attachment may be larger if folded to the size of the filed 
document to which it is physically attached;
    (2) Be printed on just one side of the page and be clearly 
typewritten, printed, or otherwise reproduced by a process that yields 
legible and permanent copies;
    (3) Be double-spaced except for footnotes and long quotations, which 
may be single-spaced;
    (4) Have a left margin of at least 1\1/2\ inches and other margins 
of at least 1 inch; and
    (5) Be bound on the left side, if bound.
    (c) Each filed document must be in English or, if in another 
language, accompanied by a certified translation. The original of each 
filed document must be signed by the filing party or her or his 
representative. Unless the rules in this part or the ALJ requires it to 
be verified or accompanied by an affidavit, no filed document need be. 
The signature constitutes a certification by the signer that she or he 
has read the document; that, to the best of her or his knowledge, 
information, and belief, the statements made in it are true; and that 
she or he does not intend it to cause delay.
    (d) Complaints, answers, and simple motions may employ forms 
approved for use in proceedings of the Coast Guard instead of the format 
set out in this section.



Sec.  20.304  Service of documents.

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

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

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

For

[Capacity].

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

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

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

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

    (2) Service upon counsel or representative constitutes service upon 
the person to be served.

[[Page 80]]

    (f) The serving party must send service copies to the address 
indicated in this table.

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

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

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

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

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



Sec.  20.305  Amendment or supplementation of filed documents.

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



Sec.  20.306  Computation of time.

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

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

    (2) You file your request as follows:

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

[[Page 81]]

 
An ALJ has been assigned..................  ALJ.
Your case is on appeal....................  Hearing Docket Clerk.
------------------------------------------------------------------------



Sec.  20.307  Complaints.

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



Sec.  20.308  Answers.

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



Sec.  20.309  Motions.

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



Sec.  20.310  Default by respondent.

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

[[Page 82]]



Sec.  20.311  Withdrawal or dismissal.

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



                          Subpart D_Proceedings



Sec.  20.401  Initiation of administrative proceedings.

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



Sec.  20.402  Public notice.

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



Sec.  20.403  Consolidation and severance.

    (a) A presiding ALJ may for good cause, with the approval of the 
Chief ALJ and with all parties given notice and opportunity to object, 
consolidate any matters at issue in two or more administrative 
proceedings docketed under this part. (Good cause includes the 
proceedings' possessing common parties, questions of fact, and issues of 
law and presenting the likelihood that consolidation would expedite the 
proceedings and serve the interests of justice.) The ALJ may not 
consolidate any matters if consolidation would prejudice any rights 
available under this part or impair the right of any party to place any 
matters at issue.
    (b) Unless directed otherwise by the Chief ALJ, a presiding ALJ may, 
either in response to a motion or on his or her own motion, for good 
cause, sever any administrative proceeding with respect to some or all 
parties, claims, and issues.



Sec.  20.404  Interested persons.

    (a) Any person not a party to a class II civil penalty proceeding 
under 33 U.S.C. 1321(b)(6) who wishes to be an interested person in the 
proceeding shall, 30 days or less after publication in the Federal 
Register of the public notice required by Sec.  20.402, file with the 
Hearing Docket Clerk either--
    (1) Written comments on the proceeding; or
    (2) Written notice of intent to present evidence at any hearing in 
the proceeding.

[[Page 83]]

    (b) The presiding ALJ may, for good cause, accept late comments or 
late notice of intent to present evidence.
    (c) Each interested person shall receive notice of any hearing due 
in the proceeding and of the decision in the proceeding. He or she may 
have a reasonable opportunity to be heard and to present evidence in any 
hearing.
    (d) The opportunity secured by paragraph (c) of this section does 
not extend to--
    (1) The issuance of subpoenas for witnesses;
    (2) The cross-examination of witnesses; or
    (3) Appearance at any settlement conference.



                  Subpart E_Conferences and Settlements



Sec.  20.501  Conferences.

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



Sec.  20.502  Settlements.

    (a) The parties may submit a proposed settlement to the ALJ.
    (b) The proposed settlement must be in the form of a proposed 
decision, accompanied by a motion for its entry. The decision must 
recite the reasons that make it acceptable, and it must be signed by the 
parties or their representatives.
    (c) The proposed decision must contain--
    (1) An admission of all jurisdictional facts;
    (2) An express waiver of--
    (i) Any further procedural steps before the ALJ; and
    (ii) All rights to seek judicial review, or otherwise challenge or 
contest the validity, of the decision;

[[Page 84]]

    (3) A statement that the decision will have the same force and 
effect as would a decision made after a hearing; and
    (4) A statement that the decision resolves all matters needing to be 
adjudicated.



                           Subpart F_Discovery



Sec.  20.601  General.

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



Sec.  20.602  Amendatory or supplementary responses.

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



Sec.  20.603  Interrogatories.

    (a) Any party requesting interrogatories shall so move to the ALJ. 
The motion must include--
    (1) A statement of the purpose and scope of the interrogatories; and
    (2) The proposed interrogatories.
    (b) The ALJ shall review the proposed interrogatories, and may enter 
an order either--
    (1) Approving the service of some or all of the proposed 
interrogatories; or
    (2) Denying the motion.
    (c) The party requesting interrogatories shall serve on the party 
named in the interrogatories the approved written interrogatories.
    (d) Each interrogatory must be answered separately and fully in 
writing under oath or affirmation, unless it is objected to, in which 
event the party named shall state the reasons for the objection instead 
of a response. This party, the party's attorney, or the party's 
representative shall sign the party's responses to interrogatories.
    (e) Responses or objections must be filed within 30 days after the 
service of the interrogatories.

[[Page 85]]

    (f) A response to an interrogatory is sufficient when--
    (1) The responder lists the records from which such answers may be 
derived or ascertained; and
    (2) The burden of ascertaining the information in a response to an 
interrogatory is substantially the same for all parties involved in the 
action; and
    (3) The information may be obtained from an examination, audit, or 
inspection of records, or from a compilation, abstract, or summary based 
on such records.
    (g) The party serving the interrogatory shall be afforded reasonable 
opportunity to examine, audit, or inspect the resource and to make 
copies, compilations, abstracts, or summaries. The specification must 
include sufficient detail to permit the interrogating party to locate 
and identify the individual records from which the answer may be 
ascertained.



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

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



Sec.  20.605  Depositions.

    (a) The ALJ may order a deposition only upon a showing of good cause 
and upon a finding that--
    (1) The information sought is not obtainable more readily by 
alternative methods; or
    (2) There is a substantial reason to believe that relevant and 
probative evidence may otherwise not be preserved for presentation at 
the hearing.
    (b) Testimony may be taken by deposition upon approval of the ALJ of 
a motion made by any party.
    (1) The motion must state--
    (i) The purpose and scope of the deposition;
    (ii) The time and place it is to be taken;
    (iii) The name and address of the person before whom the deposition 
is to be taken;
    (iv) The name and address of each witness from whom a deposition is 
to be taken;
    (v) The documents and materials which the witness is to produce; and
    (vi) Whether it is intended that the deposition be used at a hearing 
instead of live testimony.
    (2) The motion must state if the deposition is to be by oral 
examination, by written interrogatories, or a combination of the two. 
The deposition may be taken before any disinterested person authorized 
to administer oaths in the place where the deposition is to be taken.
    (c) Upon a showing of good cause the ALJ may enter, and serve upon 
the parties, an order to obtain the testimony of the witness.

[[Page 86]]

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



Sec.  20.606  Protective orders.

    (a) In considering a motion for an order of discovery--or a motion, 
by a party or other person from whom discovery is sought, to reconsider 
or amend an order of discovery--the ALJ

[[Page 87]]

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



Sec.  20.607  Sanctions for failure to comply.

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



Sec.  20.608  Subpoenas.

    (a) Any party may request the ALJ to issue a subpoena for the 
attendance of a person, the giving of testimony, or the production of 
books, papers, documents, or any other relevant evidence during 
discovery or for any hearing. Any party seeking a subpoena from the ALJ 
shall request its issuance by motion.
    (b) An ALJ may, for good cause shown, apply to the United States 
District Court for the issuance of an order compelling the appearance 
and testimony of a witness or the production of evidence.
    (c) A person serving a subpoena shall prepare a written statement 
setting forth either the date, time, and manner of service or the reason 
for failure of service. He or she shall swear to or affirm the 
statement, attach it to a copy of the subpoena, and return it to the ALJ 
who issued the subpoena.
    (d) Coast Guard investigating officers have separate subpoena power 
in S&R proceedings under 46 CFR 5.301.



Sec.  20.609  Motions to quash or modify.

    (a) A person to whom a subpoena is directed may, by motion with 
notice to the party requesting the subpoena, ask the ALJ to quash or 
modify the subpoena.
    (b) Except when made at a hearing, the motion must be filed:
    (1) 10 days or less after service of a subpoena compelling the 
appearance and testimony of a witness or the production of evidence or

[[Page 88]]

    (2) At or before the time specified in the subpoena for compliance, 
whichever is earlier.
    (c) If the subpoena is served at a hearing, the person to whom it is 
directed may, in person at the hearing or in writing within a reasonable 
time fixed by the ALJ, ask the ALJ to quash or modify it.
    (d) The ALJ may quash or modify the subpoena if it is unreasonable 
or requires evidence not relevant to any matter in issue.



                           Subpart G_Hearings



Sec.  20.701  Standard of proof.

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



Sec.  20.702  Burden of proof.

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



Sec.  20.703  Presumptions.

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



Sec.  20.704  Scheduling and notice of hearings.

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



Sec.  20.705  Failure to appear.

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



Sec.  20.706  Witnesses.

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



Sec.  20.707  Telephonic testimony.

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



Sec.  20.708  Witnesses' fees.

    (a) Each witness summoned in an administrative proceeding shall 
receive the same fees and mileage as a witness

[[Page 89]]

in a District Court of the United States.
    (b) The party or interested person who calls a witness is 
responsible for all fees and mileage due under paragraph (a) of this 
section.



Sec.  20.709  Closing of the record.

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



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

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



                           Subpart H_Evidence



Sec.  20.801  General.

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



Sec.  20.802  Admissibility of evidence.

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



Sec.  20.803  Hearsay evidence.

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



Sec.  20.804  Objections and offers of proof.

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



Sec.  20.805  Proprietary information.

    (a) The ALJ may limit introduction of evidence or issue such 
protective or other orders as in his or her judgment are consistent with 
the object of preventing undue disclosure of proprietary matters, 
including, among others, ones of a commercial nature.
    (b) When the ALJ determines that information in a document 
containing proprietary matters should be made available to another 
party, the ALJ may direct the party possessing the document to prepare a 
non-proprietary summary or extract of it. The summary or extract may be 
admitted as evidence in the record.
    (c) If the ALJ determines that a non-proprietary summary or extract 
is inadequate and that proprietary matters must form part of the record 
to avert prejudice to a party, the ALJ may so advise the parties and 
arrange access to the evidence for a party or representative.



Sec.  20.806  Official notice.

    The ALJ may take official notice of such matters as could courts, or 
of other facts within the specialized knowledge of the Coast Guard as an 
expert body. When all or part of a decision rests on the official notice 
of a material fact not appearing in the evidence in the record, the 
decision must

[[Page 90]]

state as much; and any party, upon timely request, shall receive an 
opportunity to rebut the fact.



Sec.  20.807  Exhibits and documents.

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



Sec.  20.808  Written testimony.

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



Sec.  20.809  Stipulations.

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



                           Subpart I_Decisions



Sec.  20.901  Summary decisions.

    (a) Any party may move for a summary decision in all or any part of 
the proceeding on the grounds that there is no genuine issue of material 
fact and that the party is entitled to a decision as a matter of law. 
The party must file the motion no later than 15 days before the date 
fixed for the hearing and may include supporting affidavits with the 
motion. Any other party, 10 days or less after service of a motion for 
summary decision, may serve opposing affidavits or countermove for 
summary decision. The ALJ may set the matter for argument and call for 
the submission of briefs.
    (b) The ALJ may grant the motion if the filed affidavits, the filed 
documents, the material obtained by discovery or otherwise, or matters 
officially noted show that there is no genuine issue of material fact 
and that a party is entitled to a summary decision as a matter of law.
    (c) Each affidavit must set forth such matters as would be 
admissible in evidence and must show affirmatively that the affiant is 
competent to testify to the matters stated in the affidavit. Once a 
party has moved for summary decision and supported his or her motion as 
provided in this section, no party opposing the motion may rest upon the 
mere allegations or denials of facts contained in his or her own 
pleadings. The response to the motion, by affidavit or as otherwise 
provided in this section, must provide a specific basis to show that 
there is a genuine issue of material fact for the hearing.
    (d) If it appears from the affidavit of a party opposing the motion 
that this party cannot, for reasons stated, present by affidavit matters 
essential to justify his or her opposition, the ALJ may deny the motion 
for summary decision, may order a continuance to enable the obtaining of 
information, or may make such other order as is just.
    (e) No denial of all or any part of a motion for summary decision is 
subject to interlocutory appeal.

[[Page 91]]



Sec.  20.902  Decisions of the ALJ.

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



Sec.  20.903  Records of proceedings.

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



Sec.  20.904  Reopening.

    (a) To the extent permitted by law, the ALJ may, for good cause 
shown in accordance with paragraph (c) of this section, reopen the 
record of a proceeding to take added evidence.
    (b) Any party may move to reopen the record of a proceeding 30 days 
or less after the closing of the record.
    (1) Each motion to reopen the record must clearly set forth the 
facts that the movant would try to prove and the grounds for reopening 
the record.
    (2) Any party who does not respond to any motion to reopen the 
record waives any objection to the motion.
    (c) The ALJ may reopen the record of a proceeding if he or she 
believes that any change in fact or law, or that the public interest, 
warrants reopening it.
    (d) The filing of a motion to reopen the record of a proceeding does 
not affect any period for appeals specified in subpart J of this part, 
except that the filing of such a motion tolls the running of whatever 
time remains in the period for appeals until either the ALJ acts on the 
motion or the party filing it withdraws it.
    (e)(1) At any time, a party may file a petition to reopen with the 
Docketing Center for the ALJ to rescind any order suspending or revoking 
a merchant mariner's license, certificate of registry, credential, or 
endorsement document if--
    (i) The order rests on a conviction--
    (A) For violation of a dangerous-drug law;
    (B) Of an offense that would prevent the issuance or renewal of the 
license, certificate, credential, or endorsement document; or
    (C) Of an offense described in subparagraph 205(a)(3)(A) or (B) of 
the National Driver Register Act of 1982 (23 U.S.C. 401, note); and
    (ii) The respondent submits a specific order of court to the effect 
that the conviction has been unconditionally set aside for all purposes.
    (2) The ALJ, however, may not rescind his or her order on account of 
any law that provides for a subsequent conditional setting-aside, 
modification, or expunging of the order of court, by way of granting 
clemency or other relief after the conviction has become

[[Page 92]]

final, without regard to whether punishment was imposed.
    (f) Three years or less after an S&R proceeding has resulted in 
revocation of a credential, endorsement, license, certificate, or 
document, the respondent may file a motion for reopening of the 
proceeding to modify the order of revocation with the ALJ Docketing 
Center.
    (1) Any motion to reopen the record must clearly state why the basis 
for the order of revocation is no longer valid and how the issuance of a 
new merchant mariner credential with appropriate endorsement is 
compatible with the requirement of good discipline and safety at sea.
    (2) Any party who does not respond to any petition to reopen the 
record waives any objection to the motion.

[CGD 98-3472, 64 FR 28062, May 24, 1999, as amended by USCG-2006-24371, 
74 FR 11211, Mar. 16, 2009]



                            Subpart J_Appeals



Sec.  20.1001  General.

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



Sec.  20.1002  Records on appeal.

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



Sec.  20.1003  Procedures for appeal.

    (a) Each party appealing the ALJ's decision or ruling shall file an 
appellate brief with the Commandant at the following address: U.S. Coast 
Guard Administrative Law Judge Docketing Center; Attention: Hearing 
Docket Clerk; Room 412; 40 S. Gay Street; Baltimore, MD 21201-4022, and 
shall serve a copy of the brief on every other party.
    (1) The appellate brief must set forth the appellant's specific 
objections to the decision or ruling. The brief must set forth, in 
detail, the--
    (i) Basis for the appeal;
    (ii) Reasons supporting the appeal; and
    (iii) Relief requested in the appeal.
    (2) When the appellant relies on material contained in the record, 
the appellate brief must specifically refer to the pertinent parts of 
the record.
    (3) The appellate brief must reach the Docketing Center 60 days or 
less after service of the ALJ's decision. Unless filed within this time, 
or within another time period authorized in writing by the Docketing 
Center, the brief will be untimely.
    (b) Any party may file a reply brief with the Docketing Center 35 
days or less after service of the appellate brief. Each such party shall 
serve a copy on every other party. If the party filing the reply brief 
relies on evidence contained in the record for the appeal, that brief 
must specifically refer to the pertinent parts of the record.
    (c) No party may file more than one appellate brief or reply brief, 
unless--
    (1) The party has petitioned the Commandant in writing; and

[[Page 93]]

    (2) The Commandant has granted leave to file an added brief, in 
which event the Commandant will allow a reasonable time for the party to 
file that brief.
    (d) The Commandant may accept an amicus curiae brief from any person 
in an appeal of an ALJ's decision.



Sec.  20.1004  Decisions on appeal.

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



  Subpart K_Finality, Petitions for Hearing, and Availability of Orders



Sec.  20.1101  Finality.

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



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

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



Sec.  20.1103  Availability of decisions.

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

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



                      Subpart L_Expedited Hearings



Sec.  20.1201  Application.

    (a) This subpart applies whenever the Coast Guard suspends a 
mariner's credential without a hearing under 46 U.S.C. 7702(d).
    (b) The Coast Guard may, for 45 days or less, suspend and seize a 
merchant mariner credential, license, certificate, or document if, when 
acting under the

[[Page 94]]

authority of the license, certificate, or document,--
    (1) A mariner performs a safety-sensitive function on a vessel; and
    (2) There is probable cause to believe that he or she--
    (i) Has performed the safety-sensitive function in violation of law 
or Federal regulation regarding use of alcohol or a dangerous drug;
    (ii) Has been convicted of an offense that would prevent the 
issuance or renewal of the merchant mariner credential, license, 
certificate, or document; or,
    (iii) Three years or less before the start of an S&R proceeding, has 
been convicted of an offense described in subparagraph 205(a)(3)(A) or 
(B) of the National Driver Register Act of 1982 (23 U.S.C. 401, note).

[CGD 98-3472, 64 FR 28062, May 24, 1999, as amended by USCG-2006-24371, 
74 FR 11211, Mar. 16, 2009]



Sec.  20.1202  Filing of pleadings.

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

[CGD 98-3472, 64 FR 28062, May 24, 1999, as amended by USCG-2006-24371, 
74 FR 11211, Mar. 16, 2009]



Sec.  20.1203  Commencement of expedited hearings.

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



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

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

[CGD 98-3472, 64 FR 28062, May 24, 1999, as amended by USCG-2006-24371, 
74 FR 11211, Mar. 16, 2009]



Sec.  20.1206  Discontinuance of expedited hearings.

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



Sec.  20.1207  Pre-hearing conferences.

    (a) When held. As early as practicable, the ALJ shall order and 
conduct a pre-hearing conference. He or she may order the holding of the 
conference in person, or by telephonic or electronic means.
    (b) Answer. The respondent shall enter his or her answer at the pre-
hearing conference. If the answer is an admission, the ALJ shall either 
issue an appropriate order or schedule a hearing on the order.
    (c) Content. (1) At the pre-hearing conference, the parties shall:
    (i) Identify and simplify the issues in dispute and prepare an 
agreed statement of issues, facts, and defenses.

[[Page 95]]

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



Sec.  20.1208  Expedited hearings.

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



Sec.  20.1209  Appeals of ALJs' decisions.

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



Subpart M_Supplementary Evidentiary Rules for Suspension and Revocation 
                                Hearings



Sec.  20.1301  Purpose.

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



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

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



Sec.  20.1305  Admissibility and weight of entries from logbooks.

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



Sec.  20.1307  Use of judgments of conviction.

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

[[Page 96]]

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

[CGD 98-3472, 64 FR 28062, May 24, 1999, as amended by USCG-2006-24371, 
74 FR 11211, Mar. 16, 2009]



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

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



Sec.  20.1311  Admissions by respondent.

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



Sec.  20.1313  Medical examination of respondents.

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



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

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

[[Page 97]]

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



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



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

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



Sec.  23.01  Basis and purpose.

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

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



Sec.  23.05  Where and when displayed.

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

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



Sec.  23.10  Coast Guard emblem.

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

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

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

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

    (c) The Coast Guard emblem is intended primarily for use as 
identification on Coast Guard ensigns, flags, pennants, vessels, 
aircraft, vehicles, and shore units. It may also be reproduced for use 
on such items as stationery, clothing, jewelry, etc.
    (d) Any person who desires to reproduce the Coast Guard emblem for 
non-Coast Guard use must first obtain approval from theCommandant (CG-
092), Attn: Commandant, U.S. Coast Guard Stop 7103, 2703 Martin Luther 
King Jr. Avenue SE., Washington, DC 20593-7103.

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

[CGFR 67-26, 32 FR 6577, Apr. 28, 1967, as amended by CGFR 70-95, 35 FR 
12541, Aug. 6, 1970; USCG-2010-0351, 75 FR 36278, June 25, 2010; USCG-
2014-0410, 79 FR 38427, July 7, 2014]

[[Page 98]]



Sec.  23.12  Coast Guard identifying insignia.

    (a) The distinctive identification insignia of the Coast Guard 
consists of a broad diagonal red stripe followed to the right or left by 
two narrow stripes, first a white stripe and then a blue stripe. The 
Coast Guard emblem, as described in Sec.  23.10(b), is centered within 
the confines of the broad red diagonal stripe.
    (b) The Coast Guard identifying insignia is intended primarily for 
the identification of Coast Guard vessels, aircraft, vehicles, and shore 
units. It may also be reproduced for use on Coast Guard publications, 
stationery, jewelry, and similar items.
    (c) Any person who desires to reproduce the Coast Guard identifying 
insignia for non-Coast Guard use must first obtain approval from the 
Commandant (CG-092), Attn: Commandant, U.S. Coast Guard Stop 7103, 2703 
Martin Luther King Jr. Avenue SE., Washington, DC 20593-7103.

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

[CGFR 70-95, 35 FR 12541, Aug. 6, 1970, as amended by USCG-2010-0351, 75 
FR 36278, June 25, 2010; USCG-2014-0410, 79 FR 38428, July 7, 2014]



Sec.  23.15  Coast Guard ensign.

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

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



Sec.  23.20  Coast Guard commission pennant.

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

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



Sec.  23.30  Penalty.

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

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

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



PART 25_CLAIMS--Table of Contents



                            Subpart A_General

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

                       Subpart B_Admiralty Claims

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

                      Subpart C_Federal Tort Claims

25.301 Scope.
25.303 Procedure.

[[Page 99]]

                        Subpart D_Military Claims

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

                        Subpart E_Foreign Claims

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

             Subpart F_Claims Not Cognizable Under Other Law

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

         Subpart G_Article 139, Uniform Code of Military Justice

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

                Subpart H_Pollution Removal Damage Claims

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

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

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



                            Subpart A_General



Sec.  25.101  Purpose.

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

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



Sec.  25.103  Information and assistance.

    Any person who desires to file a claim against the United States 
Coast Guard arising out of the activities of the Coast Guard may obtain 
information and assistance from the Coast Guard Legal Service Command, 
Claims Division (LSC-5), located at 300 East Main Street, Suite 400, 
Norfolk, VA 23510-9100, or from Commandant (CG-0945), Attn: Office of 
Claims and Litigation, U.S. Coast Guard Stop 7213, 2703 Martin Luther 
King Jr. Avenue SE., Washington, DC 20593-7213, or from the Commander of 
any Coast Guard District listed in 33 CFR Part 3.

[CGD 87-008b, 52 FR 25217, July 6, 1987, as amended by CGD 97-023, 62 FR 
33362, June 19, 1997; USCG-2001-9286, 66 FR 33639, June 25, 2001; USCG-
2010-0351, 75 FR 36278, June 25, 2010; USCG-2014-0410, 79 FR 38428, July 
7, 2014]



Sec.  25.105  Definitions.

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

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



Sec.  25.107  Who may present claims.

    (a) General rules:
    (1) A claim for property loss or damage may be presented by anyone 
having an interest in the property, including an insurer or other 
subrogee, unless the interest is barred under Sec.  25.109(a).
    (2) A claim for personal injury may be presented by the person 
injured.

[[Page 100]]

    (3) A claim based on death may be presented by the executor or 
administrator of the decedent's estate, or any other person legally 
entitled to assert such a claim under local law. The claimant's status 
must be stated in the claim.
    (4) A claim for medical, hospital, or burial expenses may be 
presented by any person who by reason of family relationship has, in 
fact, incurred the expenses.
    (b) A joint claim must be presented in the names of and signed by, 
the joint claimants, and the settlement must be made payable to the 
joint claimants.
    (c) A claim may be presented by a duly authorized agent, legal 
representative or survivor, if it is presented in the name of the 
claimant. If the claim is not signed by the claimant, the agent, legal 
representative, or survivor shall indicate their title or legal capacity 
and provide evidence of their authority to present the claim.
    (d) Where the same claimant has a claim for damage to or loss of 
property and a claim for personal injury or a claim based on death 
arising out of the same incident, they must be combined in one claim.



Sec.  25.109  Insurance and other subrogated claims.

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



Sec.  25.111  Action by claimant.

    (a) Form of claim. The claim must meet the requirements of Sec.  
25.113. Authorized forms are available from the offices indicated in 
Sec.  25.103.
    (b) Presentation. Whenever possible, the claim must be presented to 
the Coast Guard Legal Service Command, Claims Division (LSC-5), located 
at 300 East Main Street, Suite 400, Norfolk, VA 23510-9100. If that is 
not possible, the claim may also be presented to:
    (1) The commanding officer of the Coast Guard unit involved;
    (2) A Coast Guard unit convenient to the claimant; or
    (3) Commandant (CG-0945), Attn: Office of Claims and Litigation, 
U.S. Coast Guard Stop 7213, 2703 Martin Luther King Jr. Avenue SE., 
Washington, DC 20593-7213.

    Note to paragraph (b):
    In a foreign country, where there is no Coast Guard unit, the claim 
is considered presented to the Coast Guard if it is presented to the 
military attache of any United States embassy or consulate or to the 
commanding officer of any

[[Page 101]]

unit of the armed services of the United States.

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

[CGD 80-033, 46 FR 27109, May 18, 1981, as amended by CGD 87-008b, 52 FR 
25217, July 6, 1987; CGD 97-023, 62 FR 33362, June 19, 1997; USCG-2001-
9286, 66 FR 33639, June 25, 2001; USCG-2009-0416, 74 FR 27437, June 10, 
2009; USCG-2010-0351, 75 FR 36278, June 25, 2010; USCG-2014-0410, 79 FR 
38428, July 7, 2014]



Sec.  25.113  Contents of claim.

    (a) A claim under the Federal Tort Claims Act must be presented 
using Standard Form 95, Claim for Damage, Injury, or Death.
    (b) A claim under any other Act may be presented using Standard Form 
95. Any claim which is not presented using Standard Form 95 shall 
include:
    (1) The identity of the department, agency, or activity whose act or 
omission gave rise to the claim;
    (2) The full name and mailing address of the claimant. If this 
mailing address is not claimant's residence, the claimant shall also 
include residence address;
    (3) The date, time, and place of the incident giving rise to the 
claim;
    (4) The amount claimed, supported by independent evidence of 
property damage or loss, personal injury, or death, as applicable;
    (5) A detailed description of the incident giving rise to the claim;
    (6) A description of any property damage or loss, including the 
identity of the owner, if other than the claimant, as applicable;
    (7) The nature and extent of the injury, as applicable;
    (8) The full name, title, if any, and address of any witness to the 
incident and a brief statement of the witness' knowledge of the 
incident;
    (9) A description of any insurance carried by the claimant or owner 
of the property and the status of any insurance claim arising from the 
incident; and
    (10) An agreement by the claimant to accept the total amount claimed 
in full satisfaction and final settlement of the claim.
    (c) A claimant or duly authorized agent or legal representative must 
sign in ink a claim and any amendment to that claim. If the person's 
signature does not include the first name, middle initial, if any, and 
surname, that information must be included in the claim. A married woman 
must sign her claim in her given name, e.g., ``Mary A. Doe,'' rather 
than ``Mrs. John Doe.''



Sec.  25.115  Evidence supporting a claim.

    The claimant shall present independent evidence to support a claim. 
This evidence may include, if available, statements of witnesses, 
accident or casualty reports, photographs and drawings.



Sec.  25.117  Proof of amount claimed for personal injury or death.

    The following evidence must be presented when appropriate:
    (a) Itemized medical, hospital, and burial bills.
    (b) A written report by the attending physician including:
    (1) The nature and extent of the injury and the treatment,
    (2) The necessity and reasonableness of the various medical expenses 
incurred,
    (3) Duration of time injuries prevented or limited employment,
    (4) Past, present, and future limitations on employment,
    (5) Duration and extent of pain and suffering and of any disability 
or physical disfigurement,
    (6) A current prognosis,
    (7) Any anticipated medical expenses, and
    (8) Any past medical history of the claimant relevant to the 
particular injury alleged.

    Note: An examination by an independent medical facility or physician 
may be required to provide independent medical evidence against which to 
evaluate the written report of the claimant's physician. The settlement 
authority determines the need for this examination, makes mutually 
convenient arrangements for such an examination, and bears the costs 
thereof.

    (c) All hospital records or other medical documents from either this 
injury or any relevant past injury.

[[Page 102]]

    (d) If the claimant is employed, a written statement by the 
claimant's employer certifying the claimant's:
    (1) Age,
    (2) Occupation,
    (3) Hours of employment,
    (4) Hourly rate of pay or weekly salary,
    (5) Time lost from work as a result of the incident, and
    (6) Claimant's actual period of employment, full-time or part-time, 
and any effect of the injury upon such employment to support claims for 
lost earnings.
    (e) If the claimant is self-employed, written statements, or other 
evidence showing:
    (1) The amount of earnings actually lost, and
    (2) The Federal tax return if filed for the three previous years.
    (f) If the claim arises out of injuries to a person providing 
services to the claimant, statement of the cost necessarily incurred to 
replace the services to which claimant is entitled under law.



Sec.  25.119  Proof of amount claimed for loss of, or damage to, property.

    The following evidence must be presented when appropriate:
    (a) For each particular lost item, evidence of its value such as a 
bill of sale and a written appraisal, or two written appraisals, from 
separate disinterested dealers or brokers, market quotations, commercial 
catalogs, or other evidence of the price at which like property can be 
obtained in the community. The settlement authority may waive these 
requirements when circumstances warrant. The cost of any appraisal may 
be included as an element of damage if not deductible from any bill 
submitted to claimant.
    (b) For each particular damaged item which can be economically 
repaired, evidence of cost of repairs such as a receipted bill and one 
estimate, or two estimates, from separate disinterested repairmen. The 
settlement authority may waive these requirements when circumstances 
warrant. The cost of any estimate may be included as an element of 
damage if not deductible from any repair bill submitted to claimant.
    (c) For any claim which may result in payment in excess of 
$20,000.00, a survey or appraisal shall be performed as soon as 
practicable after the damage accrues, and, unless waived in writing, 
shall be performed jointly with a government representative.
    (d) If the item is so severely damaged that it cannot be 
economically repaired or used, it shall be treated as a lost item.
    (e) If a claim includes loss of earnings or use during repairs to 
the damaged property, the following must also be furnished and supported 
by competent evidence:
    (1) The date the property was damaged;
    (2) The name and location of the repair facility;
    (3) The beginning and ending dates of repairs and an explanation of 
any delay between the date of damage and the beginning date;
    (4) A complete description of all repairs performed, segregating any 
work performed for the owner's account and not attributable to the 
incident involved, and the costs thereof;
    (5) The date and place the property was returned to service after 
completion of repairs, and an explanation, if applicable, of any delay;
    (6) Whether or not a substitute for the damaged property was 
available. If a substitute was used by the claimant during the time of 
repair, an explanation of the necessity of using the substitute, how it 
was used, and for how long, and the costs involved. Any costs incurred 
that would have been similarly incurred by the claimant in using the 
damaged property must be identified;
    (7) Whether or not during the course of undergoing repairs the 
property would have been used, and an explanation submitted showing the 
identity of the person who offered that use, the terms of the offer, 
time of prospective service, and rate of compensation; and
    (8) If at the time of damage the property was under charter or hire, 
or was otherwise employed, or would have been employed, the claimant 
shall submit a statement of operating expenses that were, or would have 
been, incurred. This statement shall include wages and all bonuses which 
would

[[Page 103]]

have been paid, the value of fuel and the value of consumable stores, 
separately stated, which would have been consumed, and all other costs 
of operation which would have been incurred including, but not limited 
to, license and parking fees, personnel expenses, harbor fees, wharfage, 
dockage, shedding, stevedoring, towage, pilotage, inspection, tolls, 
lockage, anchorage and moorage, grain elevation, storage, and customs 
fees.
    (f) For each item which is lost, actual or constructive, proof of 
ownership.



Sec.  25.121  Effect of other payments to claimant.

    The total amount to which the claimant may be entitled is normally 
computed as follows:
    (a) The total amount of the loss, damage, or personal injury 
suffered for which the United States is liable, less any payment the 
claimant has received from the following sources:
    (1) The military member or civilian employee who caused the 
incident;
    (2) The military member's or civilian employee's insurer; and
    (3) Any joint tort-feasor or insurer.
    (b) No deduction is generally made for any payment the claimant has 
received by way of voluntary contributions, such as donations of 
charitable organizations.



Sec.  25.123  Settlement and notice to claimant.

    (a) If the settlement authority determines that the full amount 
claimed should be paid, the settlement authority forwards the claim to 
the disbursing officer for payment. If the time involved in settling the 
claim has been extensive, the settlement authority notifies the 
claimant.
    (b) If the settlement authority determines that less than the full 
amount claimed should be paid, the settlement authority:
    (1) Notifies the claimant in writing of the proposed settlement.
    (2) Obtains from the claimant written acceptance and release for 
payment of the claim in the reduced amount.
    (3) Advises the claimant, in the event claimant does not desire to 
accept the offer, to reply within 45 days giving reasons for rejection.
    (4) Except upon a showing of good cause for delay in accepting a 
proposed settlement within 45 days, treats the non-acceptance as a 
rejection. Rejection by a claimant of an offer of settlement renders the 
offer void.
    (5) If a claimant rejects a proposed settlement or fails to reply 
within 45 days, the settlement authority may make further efforts to 
settle the claim. When the settlement authority determines that further 
efforts to settle the claim are not warranted, the settlement authority 
notifies the claimant in writing by registered or certified mail, return 
receipt requested, that the claim has been denied because the amount 
claimed is excessive.
    (c) If the claim is denied, the settlement authority notifies the 
claimant in writing by registered or certified mail, return receipt 
requested.



Sec.  25.125  Appeal.

    The final denial of a claim by a settlement authority or a partial 
approval by a settlement authority is not subject to appeal except under 
the procedures prescribed for Military Claims in Subpart D of this part.



Sec.  25.127  Reconsideration.

    (a) The settlement authority may reconsider a claim upon the 
authority's own initiative or upon request of the claimant or someone 
acting on the claimant's behalf.
    (b) A request for reconsideration must be in writing and include the 
legal or factual grounds for the relief requested.
    (c) Following any investigation or other action deemed necessary for 
reconsideration of the original action, the settlement authority 
reconsiders the claim and if warranted attempts to settle it. When 
further settlement efforts appear unwarranted, the settlement authority 
notifies the claimant in writing by certified or registered mail, return 
receipt requested, that the relief requested is denied.
    (d) For the effect of reconsideration under the Federal Tort Claims 
Act see 28 CFR Part 14.

[[Page 104]]



Sec.  25.129  Acceptance of offer of settlement.

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



Sec.  25.131  Delegation of authority.

    (a) The Chief Counsel is delegated the following authority:
    (1) To carry out the functions of the Secretary and to exercise the 
Commandant's authority as commanding officer for all Coast Guard 
personnel in regard to claims brought under Article 139, Uniform Code of 
Military Justice (10 U.S.C. 939);
    (2) To carry out the functions of an officer designated by the 
Secretary under the so-called ``Foreign Claims Act'', as amended (10 
U.S.C. 2734);
    (3) To request that the Department of Defense pay any meritorious 
claims arising under International Agreements in accordance with Title 
10 U.S.C. 2734a and 2734b;
    (4) To carry out the functions of the Secretary under the Act of 
October 9, 1962, as amended (10 U.S.C. 2737);
    (5) To carry out the functions of the Secretary under the Act of 
August 16, 1937, as amended (14 U.S.C. 642);
    (6) To carry out the functions of the Secretary under the Act of 
June 15, 1936, as amended (14 U.S.C. 646);
    (7) To carry out the functions of the Secretary under the Act of 
August 4, 1949, as amended (14 U.S.C. 647);
    (8) To carry out the functions of the Secretary under the Act of 
February 19, 1941, as amended (14 U.S.C. 830);
    (9) To carry out the functions of the head of a Federal agency's 
designee under the Federal Tort Claims Act, as amended (28 U.S.C. 2672);
    (10) To carry out the functions of the head of an agency under the 
Military Personnel and Civilian Employees' Claims Act, as amended (31 
U.S.C. 3721);
    (11) To carry out the functions of the head of an agency under the 
Federal Claims Collection Act of 1966, as amended (31 U.S.C. 3711);
    (12) To carry out the functions of the head of the department under 
the Federal Medical Care Recovery Act (42 U.S.C. 2651-2653);
    (13) To review and approve for payment any voucher for payment of a 
claim for $25 or less the authority for payment of which is questioned 
by a certifying or disbursing officer;
    (14) To establish procedures consistent with the applicable statutes 
and regulations for the administration of all claims.

    Note: Under the Military Claims Act (10 U.S.C. 2733), the Secretary 
has authorized the Chief Counsel to settle and pay claims, see 49 CFR 
1.46(j).
    (b) The Director of Finance and Procurement is delegated the 
authority to carry out the functions of the head of an agency under the 
Federal Claims Collection Act of 1966, as amended (31 U.S.C. 3711).

[CGD 80-033, 46 FR 27109, May 18, 1981, as amended by CGD 82-112, 48 FR 
4773, Feb. 3, 1983; USCG-2001-9286, 66 FR 33639, June 25, 2001]



Sec.  25.133  Redelegation of authority.

    The authority delegated in Sec.  25.131 and in 49 CFR 1.46(j) to the 
Chief Counsel may, unless otherwise limited, be redelegated in whole or 
in part to settlement authorities established by the Chief Counsel. 
Information concerning current settlement authorities is available from 
the offices indicated in Sec.  25.103.



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

    (a) In certain countries, the Department of Defense has assigned 
single-service responsibility for the settlement of claims arising under 
the Foreign Claims Act, Military Claims Act, Nonscope of Employment 
Claims Act, Federal Medical Care Recovery Act, and Federal Claims 
Collection Act.
    (b) In a country where single-service claims responsibility has been 
assigned, claims against the United States cognizable under the acts 
referenced in paragraph (a) of this section are processed and settled by 
the service assigned responsibility.
    (c) A list of countries assigned to a single-service is available 
from the military attache at any United States embassy or consulate.

[[Page 105]]

    (d) In a country not assigned to a single-service, the rules for 
presenting claims may be found in Sec.  25.111, and the claim will be 
settled by the Coast Guard.



                       Subpart B_Admiralty Claims

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



Sec.  25.201  Scope.

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



Sec.  25.203  Claims payable.

    A claim is payable under this subpart if it is:
    (a) A claim for death, personal injury, damage to or loss of real or 
personal property arising from a maritime tort caused by an agent or 
employee of the Coast Guard, or a vessel or other property in the 
service of the Coast Guard, including an auxiliary facility operated 
under specific orders and acting within the scope of such orders; or
    (b) A claim for compensation for towage and salvage services 
rendered to a vessel in the service of the Coast Guard or to other 
property under the jurisdiction of the Coast Guard.



Sec.  25.205  Claims not payable.

    A claim is not payable under this subpart if it:
    (a) Results from action by an enemy, or directly or indirectly from 
an act of the armed services of the United States in combat;
    (b) Is purely contractual in nature;
    (c) Is for death or personal injury of a United States employee for 
whom benefits are provided under the Federal Employees' Compensation 
Act, or any other system of compensation where contribution is made or 
insurance premiums paid directly or indirectly by the United States on 
behalf of the injured employee;
    (d) Is one for which a foreign country is responsible under Article 
VIII of the Agreement Regarding the Status of Forces of Parties to the 
North Atlantic Treaty, or other similar treaty agreement;
    (e) Arises from private or domestic obligations as distinguished 
from governmental transactions; or
    (f) Is for damage to or loss of personal property of military 
personnel or civilian employees which is cognizable under the Military 
Personnel and Civilian Employees' Claims Act, as amended.



Sec.  25.207  Time limitation on claims.

    (a) A settlement authority may administratively settle and approve a 
claim for final payment within two years from the date that the cause of 
action accrues. Otherwise, the claim is barred. This two-year period is 
not extended by presenting a claim nor by negotiations or 
correspondence. The existence of an administrative claim does not extend 
the two year statute of limitations in 46 U.S.C. 745.
    (b) If a complaint is filed in a Federal District Court before the 
expiration of the two-year period, an administrative settlement may be 
negotiated by the settlement authority only with the consent of the 
Department of Justice. Payment is made upon final dismissal of the 
complaint.



                      Subpart C_Federal Tort Claims

    Authority: 28 U.S.C. 2672; 28 CFR 14.11; 49 CFR 1.45(a)(2); 49 CFR 
1.45(a)(3).



Sec.  25.301  Scope.

    This subpart prescribes the requirements for the administrative 
settlement of claims against the United States arising out of Coast 
Guard activities under the Federal Tort Claims Act.



Sec.  25.303  Procedure.

    A claim shall be presented and processed in accordance with 28 CFR 
Part 14. Should there be a conflict between the provisions of 33 CFR 
Part 25, Subpart A and the Department of Justice regulations in 28 CFR 
Part 14, the Department of Justice regulations govern.

[[Page 106]]



                        Subpart D_Military Claims

    Authority: 10 U.S.C. 2733; 49 CFR 1.46(j).



Sec.  25.401  Scope.

    This subpart prescribes the requirements for the administrative 
settlement of claims against the United States arising out of the 
activities of the Coast Guard under the Military Claims Act.



Sec.  25.403  Claims payable.

    A claim arising at any place caused by military personnel or 
civilian employees of the Coast Guard acting within the scope of their 
employment, or otherwise incident to noncombat activities of the Coast 
Guard, whether or not negligence or intentional tort is shown, is 
payable under this subpart for:
    (a) Damage to or loss of real property, including damage or loss 
incident to the use and occupancy of real property by the Coast Guard;
    (b) Damage to or loss of personal property, including property 
bailed to the Coast Guard;
    (c) Damage to or loss of registered or insured mail while the mail 
is in the possession of the Coast Guard even though damaged or lost by 
criminal act; or
    (d) Death or personal injury.



Sec.  25.405  Claims not payable.

    A claim is not payable under this subpart if it:
    (a) Results from action by an enemy or directly or indirectly from 
an act of the armed services of the United States in combat;
    (b) Is purely contractual in nature;
    (c) Results wholly or partly from the negligent or wrongful act of 
the claimant, claimant's agent, or claimant's employee, unless 
comparative negligence is applicable under local law;
    (d) Is for death or personal injury of a United States employee for 
whom benefits are provided under the Federal Employees' Compensation 
Act, Longshoremen's and Harbor Workers' Compensation Act, or any other 
system of compensation where contribution is made or insurance premiums 
paid directly or indirectly by the United States on behalf of the 
injured employee;
    (e) Is cognizable under Subpart C or E of this part;
    (f) Is for reimbursement for medical, hospital, or burial services 
furnished at the expense of the United States;
    (g) Is one of the following exceptions to the Federal Tort Claims 
Act, 28 U.S.C. 2680 (a), (b), (e), (f), (h), or (j). (However, a claim 
falling within the exception contained in 28 U.S.C. 2680 (b) is payable 
when not prohibited by paragraph (i) of this section.);
    (h) Results from a specific risk which the claimant assumed in 
writing before the incident giving rise to the claim;
    (i) Is for damage to or loss of a letter or postal matter while in 
the possession of the Postal Service;
    (j) Is for rent, or other payments involving the acquisition, use, 
possession, or disposition of real property or interests therein by and 
for the Coast Guard except as provided in Sec.  25.403(a);
    (k) Is for the taking of private property by trespass except for 
actual physical damage; or
    (l) Is for personal injury or death of a member or civilian employee 
of the armed services of the U.S. whose death or injury was incident to 
service.

[CGD 80-033, 46 FR 27109, May 18, 1981, as amended by CGD 87-008b, 52 FR 
25218, July 6, 1987]



Sec.  25.407  Time limitation on claims.

    (a) A claim may be settled only if presented in writing within two 
years after it accrues, except that if it accrues in time of war or 
armed conflict, or if war or armed conflict intervenes within two years 
after it accrues, and if good cause is shown, the claim may be presented 
not more than two years after the termination of the war or armed 
conflict.
    (b) For the purposes of this section, a war or armed conflict is one 
in which an armed service of the United States is engaged. The dates of 
commencement and termination of an armed conflict will be as established 
by concurrent resolution of Congress or by determination of the 
President.

[[Page 107]]



Sec.  25.409  Appeal.

    (a) A claimant may submit an appeal, in writing, through the 
settlement authority disapproving the claim or approving the claim in 
part.
    (1) The appeal shall set forth fully the legal or factual bases 
asserted as grounds for the appeal; and
    (2) The appeal is permitted only if it is postmarked within 45 days 
after receipt of (i) notice of disapproval of the claim or (ii) offer of 
settlement in a reduced amount.
    (b) The disapproval of a claim is final unless the claimant submits 
a request for reconsideration or an appeal in writing.
    (c) Upon receipt of an appeal, the settlement authority examines it 
and forwards it with the claim file, opinions, and recommendations to 
the next higher settlement authority.



                        Subpart E_Foreign Claims

    Authority: 10 U.S.C. 2734; 49 CFR 1.46(b).



Sec.  25.501  Scope.

    This subpart prescribes the requirements for the administrative 
settlement of claims against the United States by a foreign country, 
political subdivision or inhabitant thereof, for death, personal injury, 
damage to or loss of property occurring outside the United States, its 
territories, commonwealths, or possessions, caused by a military member 
or civilian employee of the Coast Guard, or otherwise incident to 
noncombat activities of the Coast Guard.



Sec.  25.503  Proper claimants.

    (a) The claimant, or the decedent in a death case, must have been an 
inhabitant of a foreign country at the time of the incident giving rise 
to the claim and must not be otherwise excluded by Sec.  25.505. It is 
not necessary that a claimant be a citizen of, or legal domiciliary of 
the foreign country.
    (b) A corporation or other organization doing business in a foreign 
country on a permanent basis may qualify as a proper claimant although 
organized under United States law.
    (c) The government of a foreign country or a political subdivision 
thereof is a proper claimant unless excluded by waiver provisions of 
applicable international agreements.



Sec.  25.505  Claimants excluded.

    (a) Civilian employees of the United States and members of the armed 
services of the United States and their dependents, who are in a foreign 
country primarily because of their own or their sponsor's duty status.
    (b) Other citizens of the United States, its territories, 
commonwealths, or possessions, unless they can establish their status as 
inhabitants of the foreign country.
    (c) An insurer or other subrogee.



Sec.  25.507  Claims payable.

    (a) A claim is payable under this subpart if it was incident to a 
noncombat activity of the Coast Guard or was caused by:
    (1) A military member of the Coast Guard;
    (2) A civilian employee of the Coast Guard who is not a national of 
the country in which the incident occurred; or
    (3) A civilian employee of the Coast Guard who is a national of the 
country in which the incident occurred if:
    (i) The employee was within the scope of employment, or
    (ii) An employer or owner of the property involved would be liable 
under local law.
    (b) The fact that the act giving rise to a claim may constitute a 
crime does not, by itself, bar relief.
    (c) Local law or custom pertaining to contributory or comparative 
negligence, and to joint tort-feasors, are applied to the extent 
practicable.



Sec.  25.509  Claims not payable.

    A claim is not payable under this subpart if it:
    (a) Results from action by an enemy or directly or indirectly from 
an act of the armed services of the United States in combat;
    (b) Is purely contractual in nature;
    (c) Is for death or personal injury of a United States employee for 
whom benefits are provided under the Federal Employees' Compensation 
Act, the Longshoremen's and Harbor Workers'

[[Page 108]]

Compensation Act, or any other system of compensation where contribution 
is made or insurance premiums paid directly or indirectly by the United 
States on behalf of the injured employee;
    (d) Is one for which a foreign country is responsible under Article 
VIII of the Agreement Regarding the Status of Forces of Parties to the 
North Atlantic Treaty, or other similar treaty agreement;
    (e) Arises from private or domestic obligations as distinguished 
from governmental transactions;
    (f) Is a bastardy claim; or
    (g) Involves a patent or copyright infringement.



Sec.  25.511  Time limitation on claims.

    A claim may be settled only if presented in writing within two years 
after it accrues. Under appropriate circumstances, a claim presented 
orally may be considered.



Sec.  25.513  Amount claimed.

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



Sec.  25.515  Settlement and notice to claimant.

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



             Subpart F_Claims Not Cognizable Under Other Law

    Authority: 10 U.S.C. 2737; 49 CFR 1.45(a)(2).



Sec.  25.601  Scope.

    This subpart prescribes the requirements for the administrative 
settlement of claims against the United States under 10 U.S.C. 2737 
incident to use of property of the United States and not cognizable 
under other law.



Sec.  25.603  Claims payable.

    A claim for death, personal injury, or damage to or loss of real or 
personal property under this subpart is payable when caused by a 
military member or a civilian employee of the Coast Guard:
    (a) Incident to the use of a vehicle of the United States at any 
place; or
    (b) Incident to the use of any other property of the United States 
on a government installation.



Sec.  25.605  Claims not payable.

    A claim is not payable under this subpart if it:
    (a) Is legally recoverable by the claimant under a compensation 
statute or an insurance policy;
    (b) Results wholly or partly from the negligent or wrongful act of 
the claimant, claimant's agent or employee;
    (c) Is a subrogated claim;
    (d) Is cognizable under any other provision of law or regulation 
administered by the Coast Guard; or
    (e) Is for any element of damage pertaining to death or personal 
injury, other than the cost of reasonable medical, hospital, and burial 
expenses actually incurred and not otherwise furnished or paid by the 
United States.



Sec.  25.607  Time limitation on claims.

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



Sec.  25.609  Settlement and notice to claimant.

    If a claim is determined to be meritorious in any amount, the 
claimant must sign a written acceptance and release or a claim 
settlement agreement before payment. Although larger claims may be 
considered, no claim may be approved or paid in an amount that exceeds 
$1,000.00.



         Subpart G_Article 139, Uniform Code of Military Justice

    Authority: 10 U.S.C. 939; 49 CFR 1.46(b).



Sec.  25.701  Scope.

    This subpart prescribes the requirements for the administrative 
settlement of claims under Article 139, Uniform Code of Military 
Justice, 10 U.S.C.

[[Page 109]]

939, against military members of the Coast Guard for damage to property 
willfully caused by them or loss of property wrongfully taken by them.



Sec.  25.703  Claims payable.

    A claim for damage to or loss of real or personal property caused by 
a military member of the Coast Guard is payable under this subpart when 
the damage or loss results from:
    (a) Willful or intentional acts;
    (b) Wrongful taking; or
    (c) Riotous, violent, and reckless conduct or acts of depredation by 
an individual or group that evidences willfulness.



Sec.  25.705  Claims not payable.

    A claim is not payable under this subpart if it:
    (a) Is for death or personal injury;
    (b) Results wholly or partly from the grossly negligent, or reckless 
act of the claimant, claimant's agent or employee;
    (c) Is a subrogated claim;
    (d) Is for damage to or loss of property owned by the United States 
or property of a Nonappropriated Fund Activity;
    (e) Results from negligence;
    (f) Is for indirect or remote damages;
    (g) Is for damage to or loss of property resulting from the act or 
omission of a member of the Coast Guard acting within the scope of the 
member's employment;
    (h) Extends to damage or loss that results from the owner's failure 
to mitigate damages; or
    (i) Has been paid by a third party.



Sec.  25.707  Time limitation on claims.

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



Sec.  25.709  Assessment limitation on claims.

    A claim is permitted in any amount; however, this subpart prohibits 
any assessment that exceeds one-half of one month's basic pay against 
the pay of any offender.



                Subpart H_Pollution Removal Damage Claims

    Authority: 33 U.S.C. 1321(j)(1)(A); 33 U.S.C. 1321(1); E.O. 11735, 
sec. 5 (a), (b)(3); 49 CFR 1.46(m).



Sec.  25.801  Scope.

    This subpart prescribes the requirements for the administrative 
settlement of claims against the United States for damage to or loss of 
property resulting from containment or removal activities during Phase 
III or IV of the National Contingency Plan, under the Federal Water 
Pollution Control Act, as amended. 33 U.S.C. 1321.



Sec.  25.803  Claims payable.

    A claim for damage to or loss of real or personal property is 
payable under this subpart if:
    (a) Caused by the United States, its employees, agents or 
contractors during containment, countermeasures, cleanup, mitigation, 
and disposal activities under the National Contingency Plan; and
    (b) In the exercise of care reasonable under the circumstances, the 
incident giving rise to the claim was necessary and the damage 
unavoidable.



Sec.  25.805  Claims not payable.

    A claim is not payable under this subpart if it:
    (a) Is for death or personal injury; or
    (b) Arises out of activities to contain or remove a discharge of oil 
or other hazardous polluting substance from a United States or foreign 
public vessel or federally controlled facility.



PART 26_VESSEL BRIDGE-TO-BRIDGE RADIOTELEPHONE REGULATIONS
--Table of Contents



Sec.
26.01 Purpose.
26.02 Definitions.
26.03 Radiotelephone required.
26.04 Use of the designated frequency.
26.05 Use of radiotelephone.
26.06 Maintenance of radiotelephone; failure of radiotelephone.
26.07 Communications.
26.08 Exemption procedures.
26.09 List of exemptions.


[[Page 110]]


    Authority: 14 U.S.C. 2, 33 U.S.C. 1201-1208; Pub. L. 107-295, 116 
Stat. 2064; Department of Homeland Security Delegation No. 0170. Rule 1, 
International Regulations for the Prevention of Collisions at Sea.

    Source: CGD 71-114R, 37 FR 12720, June 28, 1972, unless otherwise 
noted.



Sec.  26.01  Purpose.

    (a) The purpose of this part is to implement the provisions of the 
Vessel Bridge-to-Bridge Radiotelephone Act. This part:
    (1) Requires the use of the vessel bridge-to-bridge radiotelephone;
    (2) Provides the Coast Guard's interpretation of the meaning of 
important terms in the Act;
    (3) Prescribes the procedures for applying for an exemption from the 
Act and the regulations issued under the Act and a listing of 
exemptions.
    (b) Nothing in this part relieves any person from the obligation of 
complying with the rules of the road and the applicable pilot rules.



Sec.  26.02  Definitions.

    For the purpose of this part and interpreting the Act:
    Act means the ``Vessel Bridge-to-Bridge Radiotelephone Act'', 33 
U.S.C. sections 1201-1208;
    Length is measured from end to end over the deck excluding sheer;
    Power-driven vessel means any vessel propelled by machinery; and
    Secretary means the Secretary of the Department in which the Coast 
Guard is operating;
    Territorial sea means all waters as defined in Sec.  2.22(a)(1) of 
this chapter.
    Towing vessel means any commercial vessel engaged in towing another 
vessel astern, alongside, or by pushing ahead.
    Vessel Traffic Services (VTS) means a service implemented under Part 
161 of this chapter by the United States Coast Guard designed to improve 
the safety and efficiency of vessel traffic and to protect the 
environment. The VTS has the capability to interact with marine traffic 
and respond to traffic situations developing in the VTS area.
    Vessel Traffic Service Area or VTS Area means the geographical area 
encompassing a specific VTS area of service as described in Part 161 of 
this chapter. This area of service may be subdivided into sectors for 
the purpose of allocating responsibility to individual Vessel Traffic 
Centers or to identify different operating requirements.

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

(Rule 1, International Regulations for Preventing Collisions at Sea, 
1972 (as rectified); E.O. 11964 (14 U.S.C. 2); 49 CFR 1.46(b))

[CGD 71-114R, 37 FR 12720, June 28, 1972, as amended by CGD 77-118a, 42 
FR 35784, July 11, 1977; CGD 90-020, 59 FR 36322, July 15, 1994; USCG-
2001-9044, 68 FR 42601, July 18, 2003]



Sec.  26.03  Radiotelephone required.

    (a) Unless an exemption is granted under Sec.  26.09 and except as 
provided in paragraph (a)(4) of this section, this part applies to:
    (1) Every power-driven vessel of 20 meters or over in length while 
navigating;
    (2) Every vessel of 100 gross tons and upward carrying one or more 
passengers for hire while navigating;
    (3) Every towing vessel of 26 feet or over in length while 
navigating; and
    (4) Every dredge and floating plant engaged in or near a channel or 
fairway in operations likely to restrict or affect navigation of other 
vessels except for an unmanned or intermittently manned floating plant 
under the control of a dredge.
    (b) Every vessel, dredge, or floating plant described in paragraph 
(a) of this section must have a radiotelephone on board capable of 
operation from its navigational bridge, or in the case of a dredge, from 
its main control station, and capable of transmitting and receiving on 
the frequency or frequencies within the 156-162 Mega-Hertz band using 
the classes of emissions designated by the Federal Communications 
Commission for the exchange of navigational information.
    (c) The radiotelephone required by paragraph (b) of this section 
must be carried on board the described vessels, dredges, and floating 
plants upon the navigable waters of the United States.

[[Page 111]]

    (d) The radiotelephone required by paragraph (b) of this section 
must be capable of transmitting and receiving on VHF FM channel 22A 
(157.1 MHz).
    (e) While transiting any of the following waters, each vessel 
described in paragraph (a) of this section also must have on board a 
radiotelephone capable of transmitting and receiving on VHF FM channel 
67 (156.375 MHz):
    (1) The lower Mississippi River from the territorial sea boundary, 
and within either the Southwest Pass safety fairway or the South Pass 
safety fairway specified in 33 CFR 166.200, to mile 242.4 AHP (Above 
Head of Passes) near Baton Rouge;
    (2) The Mississippi River-Gulf Outlet from the territorial sea 
boundary, and within the Mississippi River-Gulf outlet Safety Fairway 
specified in 33 CFR 166.200, to that channel's junction with the Inner 
Harbor Navigation Canal; and
    (3) The full length of the Inner Harbor Navigation Canal from its 
junction with the Mississippi River to that canal's entry to Lake 
Pontchartrain at the New Seabrook vehicular bridge.
    (f) In addition to the radiotelephone required by paragraph (b) of 
this section, each vessel described in paragraph (a) of this section 
while transiting any waters within a Vessel Traffic Service Area, must 
have on board a radiotelephone capable of transmitting and receiving on 
the VTS designated frequency in Table 161.12(c) (VTS and VMRS Centers, 
Call Signs/MMSI, Designated Frequencies, and Monitoring Areas).

    Note: A single VHF-FM radio capable of scanning or sequential 
monitoring (often referred to as ``dual watch'' capability) will not 
meet the requirements for two radios.

[CGD 91-046, 57 FR 14485, Apr. 21, 1992; 57 FR 21740, May 22, 1992, as 
amended by CGD 90-020, 59 FR 36322, July 15, 1994; CGD 95-033, 60 FR 
28328, May 31, 1995; CGD 92-052, 61 FR 45325, Aug. 29, 1996; CGD-1999-
6141, 64 FR 69635, Dec. 14, 1999; USCG-2003-14757, 68 FR 39364, July 1, 
2003]



Sec.  26.04  Use of the designated frequency.

    (a) No person may use the frequency designated by the Federal 
Communications Commission under section 8 of the Act, 33 U.S.C. 1207(a), 
to transmit any information other than information necessary for the 
safe navigation of vessels or necessary tests.
    (b) Each person who is required to maintain a listening watch under 
section 5 of the Act shall, when necessary, transmit and confirm, on the 
designated frequency, the intentions of his vessel and any other 
information necessary for the safe navigation of vessels.
    (c) Nothing in these regulations may be construed as prohibiting the 
use of the designated frequency to communicate with shore stations to 
obtain or furnish information necessary for the safe navigation of 
vessels.
    (d) On the navigable waters of the United States, channel 13 (156.65 
MHz) is the designated frequency required to be monitored in accordance 
with Sec.  26.05(a) except that in the area prescribed in Sec.  
26.03(e), channel 67 (156.375 MHz) is the designated frequency.
    (e) On those navigable waters of the United States within a VTS 
area, the designated VTS frequency is an additional designated frequency 
required to be monitored in accordance with Sec.  26.05.

(85 Stat. 164; 33 U.S.C. 1201-1208; 49 CFR 1.46(n)(2))

[CGD 71-114R, 37 FR 12720, June 28, 1982, as amended by CGD 83-036, 48 
FR 30107, June 30, 1983; CGD 91-046, 57 FR 14486, Apr. 21, 1992; 57 FR 
21741, May 22, 1992; CGD 90-020, 59 FR 36323, July 15, 1994; CGD 95-033, 
60 FR 28329, May 31, 1995]



Sec.  26.05  Use of radiotelephone.

    Section 5 of the Act states that the radiotelephone required by this 
Act is for the exclusive use of the master or person in charge of the 
vessel, or the person designated by the master or person in charge to 
pilot or direct the movement of the vessel, who shall maintain a 
listening watch on the designated frequency. Nothing herein shall be 
interpreted as precluding the use of portable radiotelephone equipment 
to satisfy the requirements of this act.

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



Sec.  26.06  Maintenance of radiotelephone; failure of radiotelephone.

    Section 6 of the Act states:


[[Page 112]]


    (a) Whenever radiotelephone capability is required by this Act, a 
vessel's radiotelephone equipment shall be maintained in effective 
operating condition. If the radiotelephone equipment carried aboard a 
vessel ceases to operate, the master shall exercise due diligence to 
restore it or cause it to be restored to effective operating condition 
at the earliest practicable time. The failure of a vessel's 
radiotelephone equipment shall not, in itself, constitute a violation of 
this Act, nor shall it obligate the master of any vessel to moor or 
anchor his vessel; however, the loss of radiotelephone capability shall 
be given consideration in the navigation of the vessel.



Sec.  26.07  Communications.

    No person may use the services of, and no person may serve as, a 
person required to maintain a listening watch under section 5 of the 
Act, 33 U.S.C. 1204, unless the person can communicate in the English 
language.

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



Sec.  26.08  Exemption procedures.

    (a) The Commandant has redelegated to the Assistant Commandant for 
Marine Safety, Security and Environmental Protection, U.S. Coast Guard 
Headquarters, with the reservation that this authority shall not be 
further redelegated, the authority to grant exemptions from provisions 
of the Vessel Bridge-to-Bridge Radiotelephone Act and this part.
    (b) Any person may petition for an exemption from any provision of 
the Act or this part;
    (c) Each petition must be submitted in writing to Commandant (CG-
DCO-D), Attn: Deputy for Operations Policy and Capabilities, U.S. Coast 
Guard Stop 7318, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 
20593-7318, and must state:
    (1) The provisions of the Act or this part from which an exemption 
is requested; and
    (2) The reasons why marine navigation will not be adversely affected 
if the exemption is granted and if the exemption relates to a local 
communication system how that system would fully comply with the intent 
of the concept of the Act but would not conform in detail if the 
exemption is granted.

[CGD 71-114R, 37 FR 12720, June 28, 1972, as amended by CGD 73-256, 39 
FR 9176, Mar. 8, 1974; CGD 88-052, 53 FR 25119, July 1, 1988; CGD 95-
057, 60 FR 34150, June 30, 1995; CGD 96-026, 61 FR 33663, June 28, 1996; 
CGD 97-023, 62 FR 33362, June 19, 1997; USCG-2002-12471, 67 FR 41331, 
June 18, 2002; USCG-2010-0351, 75 FR 36278, June 25, 2010; USCG-2014-
0410, 79 FR 38428, July 7, 2014]



Sec.  26.09  List of exemptions.

    (a) All vessels navigating on those waters governed by the 
navigation rules for Great Lakes and their connecting and tributary 
waters (33 U.S.C. 241 et seq.) are exempt from the requirements of the 
Vessel Bridge-to-Bridge Radiotelephone Act and this part until May 6, 
1975.
    (b) Each vessel navigating on the Great Lakes as defined in the 
Inland Navigational Rules Act of 1980 (33 U.S.C. 2001 et seq.) and to 
which the Vessel Bridge-to-Bridge Radiotelephone Act (33 U.S.C. 1201-
1208) applies is exempt from the requirements in 33 U.S.C. 1203, 1204, 
and 1205 and the regulations under Sec. Sec.  26.03, 26.04, 26.05, 
26.06, and 26.07. Each of these vessels and each person to whom 33 
U.S.C. 1208(a) applies must comply with Articles VII, X, XI, XII, XIII, 
XV, and XVI and Technical Regulations 1-9 of ``The Agreement Between the 
United States of America and Canada for Promotion of Safety on the Great 
Lakes by Means of Radio, 1973.''

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



PART 27_ADJUSTMENT OF CIVIL MONETARY PENALTIES FOR INFLATION
--Table of Contents



    Authority: Secs. 1-6, Pub. L. 101-410, 104 Stat. 890, as amended by 
Sec. 31001(s)(1), Pub. L. 104-134, 110 Stat. 1321 (28 U.S.C. 2461 note); 
Department of Homeland Security Delegation No. 0170.1, sec. 2 (106).

    Source: USCG-2011-0257, 76 FR 31833, June 2, 2011, unless otherwise 
noted.

[[Page 113]]



Sec.  27.3  Penalty adjustment table.

    Table 1 identifies the statutes administered by the Coast Guard that 
authorize a civil monetary penalty. The ``adjusted maximum penalty'' is 
the maximum penalty authorized by the Federal Civil Penalties Inflation 
Adjustment Act of 1990, as amended by the Federal Civil Penalties 
Inflation Adjustment Act Improvements Act of 2015, as determined by the 
Coast Guard. The adjusted civil penalty amounts listed in Table 1 are 
applicable for penalty assessments issued after January 27, 2017, with 
respect to violations occurring after November 2, 2015. The applicable 
civil penalty amounts for violations occurring on or before November 2, 
2015, are set forth in previously published regulations amending this 
part.

          Table 1--Civil Monetary Penalty Inflation Adjustments
------------------------------------------------------------------------
                                                                 2017
                                                               adjusted
       U.S. Code citation           Civil monetary penalty      maximum
                                         description            penalty
                                                              amount ($)
------------------------------------------------------------------------
14 U.S.C. 88(c)................  Saving Life and Property...      10,181
14 U.S.C. 88(e)................  Saving Life and Property;         1,045
                                  Intentional Interference
                                  with Broadcast.
14 U.S.C. 645(i)...............  Confidentiality of Medical        5,114
                                  Quality Assurance Records
                                  (first offense).
14 U.S.C. 645(i)...............  Confidentiality of Medical       34,095
                                  Quality Assurance Records
                                  (subsequent offenses).
16 U.S.C. 4711(g)(1)...........  Aquatic Nuisance Species in      38,175
                                  Waters of the United
                                  States.
19 U.S.C. 70...................  Obstruction of Revenue            7,623
                                  Officers by Masters of
                                  Vessels.
19 U.S.C. 70...................  Obstruction of Revenue            1,779
                                  Officers by Masters of
                                  Vessels--Minimum Penalty.
19 U.S.C. 1581(d)..............  Failure to Stop Vessel When       5,000
                                  Directed; Master, Owner,
                                  Operator or Person in
                                  Charge \1\.
19 U.S.C. 1581(d)..............  Failure to Stop Vessel When       1,000
                                  Directed; Master, Owner,
                                  Operator or Person in
                                  Charge--Minimum Penalty
                                  \1\.
33 U.S.C. 471..................  Anchorage Ground/Harbor          11,053
                                  Regulations General.
33 U.S.C. 474..................  Anchorage Ground/Harbor             762
                                  Regulations St. Mary's
                                  River.
33 U.S.C. 495(b)...............  Bridges/Failure to Comply        27,904
                                  with Regulations.
33 U.S.C. 499(c)...............  Bridges/Drawbridges........      27,904
33 U.S.C. 502(c)...............  Bridges/Failure to Alter         27,904
                                  Bridge Obstructing
                                  Navigation.
33 U.S.C. 533(b)...............  Bridges/Maintenance and          27,904
                                  Operation.
33 U.S.C. 1208(a)..............  Bridge to Bridge                  2,033
                                  Communication; Master,
                                  Person in Charge or Pilot.
33 U.S.C. 1208(b)..............  Bridge to Bridge                  2,033
                                  Communication; Vessel.
33 U.S.C. 1232(a)..............  PWSA Regulations...........      90,063
33 U.S.C. 1236(b)..............  Vessel Navigation: Regattas       9,054
                                  or Marine Parades;
                                  Unlicensed Person in
                                  Charge.
33 U.S.C. 1236(c)..............  Vessel Navigation: Regattas       9,054
                                  or Marine Parades; Owner
                                  Onboard Vessel.
33 U.S.C. 1236(d)..............  Vessel Navigation: Regattas       4,527
                                  or Marine Parades; Other
                                  Persons.
33 U.S.C. 1321(b)(6)(B)(i).....  Oil/Hazardous Substances:        18,107
                                  Discharges (Class I per
                                  violation).
33 U.S.C. 1321(b)(6)(B)(i).....  Oil/Hazardous Substances:        45,268
                                  Discharges (Class I total
                                  under paragraph).
33 U.S.C. 1321(b)(6)(B)(ii)....  Oil/Hazardous Substances:        18,107
                                  Discharges (Class II per
                                  day of violation).
33 U.S.C. 1321(b)(6)(B)(ii)....  Oil/Hazardous Substances:       226,338
                                  Discharges (Class II total
                                  under paragraph).
33 U.S.C. 1321(b)(7)(A)........  Oil/Hazardous Substances:        45,268
                                  Discharges (per day of
                                  violation) Judicial
                                  Assessment.
33 U.S.C. 1321(b)(7)(A)........  Oil/Hazardous Substances:         1,811
                                  Discharges (per barrel of
                                  oil or unit discharged)
                                  Judicial Assessment.
33 U.S.C. 1321(b)(7)(B)........  Oil/Hazardous Substances:        45,268
                                  Failure to Carry Out
                                  Removal/Comply With Order
                                  (Judicial Assessment).
33 U.S.C. 1321(b)(7)(C)........  Oil/Hazardous Substances:        45,268
                                  Failure to Comply with
                                  Regulation Issued Under
                                  1321(j) (Judicial
                                  Assessment).
33 U.S.C. 1321(b)(7)(D)........  Oil/Hazardous Substances:         5,432
                                  Discharges, Gross
                                  Negligence (per barrel of
                                  oil or unit discharged)
                                  Judicial Assessment.
33 U.S.C. 1321(b)(7)(D)........  Oil/Hazardous Substances:       181,071
                                  Discharges, Gross
                                  Negligence--Minimum
                                  Penalty (Judicial
                                  Assessment).
33 U.S.C. 1322(j)..............  Marine Sanitation Devices;        7,623
                                  Operating.
33 U.S.C. 1322(j)..............  Marine Sanitation Devices;       20,327
                                  Sale or Manufacture.
33 U.S.C. 1608(a)..............  International Navigation         14,252
                                  Rules; Operator.
33 U.S.C. 1608(b)..............  International Navigation         14,252
                                  Rules; Vessel.
33 U.S.C. 1908(b)(1)...........  Pollution from Ships;            71,264
                                  General.
33 U.S.C. 1908(b)(2)...........  Pollution from Ships; False      14,252
                                  Statement.
33 U.S.C. 2072(a)..............  Inland Navigation Rules;         14,252
                                  Operator.
33 U.S.C. 2072(b)..............  Inland Navigation Rules;         14,252
                                  Vessel.
33 U.S.C. 2609(a)..............  Shore Protection; General..      50,276
33 U.S.C. 2609(b)..............  Shore Protection; Operating      20,111
                                  Without Permit.
33 U.S.C. 2716a(a).............  Oil Pollution Liability and      45,268
                                  Compensation.
33 U.S.C. 3852(a)(1)(A)........  Clean Hulls; Civil               41,446
                                  Enforcement.
33 U.S.C. 3852(a)(1)(A)........  Clean Hulls; related to          55,263
                                  false statements.
33 U.S.C. 3852(c)..............  Clean Hulls; Recreational         5,526
                                  Vessels.
42 U.S.C. 9609(a)..............  Hazardous Substances,            54,789
                                  Releases, Liability,
                                  Compensation (Class I).
42 U.S.C. 9609(b)..............  Hazardous Substances,            54,789
                                  Releases, Liability,
                                  Compensation (Class II).

[[Page 114]]

 
42 U.S.C. 9609(b)..............  Hazardous Substances,           164,367
                                  Releases, Liability,
                                  Compensation (Class II
                                  subsequent offense).
42 U.S.C. 9609(c)..............  Hazardous Substances,            54,789
                                  Releases, Liability,
                                  Compensation (Judicial
                                  Assessment).
42 U.S.C. 9609(c)..............  Hazardous Substances,           164,367
                                  Releases, Liability,
                                  Compensation (Judicial
                                  Assessment subsequent
                                  offense).
46 U.S.C. 80509(a).............  Safe Containers for               5,989
                                  International Cargo.
46 U.S.C. 70305(c).............  Suspension of Passenger          59,893
                                  Service.
46 U.S.C. 2110(e)..............  Vessel Inspection or              9,054
                                  Examination Fees.
46 U.S.C. 2115.................  Alcohol and Dangerous Drug        7,370
                                  Testing.
46 U.S.C. 2302(a)..............  Negligent Operations:             6,666
                                  Recreational Vessels.
46 U.S.C. 2302(a)..............  Negligent Operations: Other      33,333
                                  Vessels.
46 U.S.C. 2302(c)(1)...........  Operating a Vessel While          7,370
                                  Under the Influence of
                                  Alcohol or a Dangerous
                                  Drug.
46 U.S.C. 2306(a)(4)...........  Vessel Reporting                 11,478
                                  Requirements: Owner,
                                  Charterer, Managing
                                  Operator, or Agent.
46 U.S.C. 2306(b)(2)...........  Vessel Reporting                  2,296
                                  Requirements: Master.
46 U.S.C. 3102(c)(1)...........  Immersion Suits............      11,478
46 U.S.C. 3302(i)(5)...........  Inspection Permit..........       2,394
46 U.S.C. 3318(a)..............  Vessel Inspection; General.      11,478
46 U.S.C. 3318(g)..............  Vessel Inspection; Nautical      11,478
                                  School Vessel.
46 U.S.C. 3318(h)..............  Vessel Inspection; Failure        2,296
                                  to Give Notice IAW 3304(b).
46 U.S.C. 3318(i)..............  Vessel Inspection; Failure        2,296
                                  to Give Notice IAW 3309(c).
46 U.S.C. 3318(j)(1)...........  Vessel Inspection; Vessel        22,957
                                  =1600 Gross
                                  Tons.
46 U.S.C. 3318(j)(1)...........  Vessel Inspection; Vessel         4,591
                                  <1600 Gross Tons.
46 U.S.C. 3318(k)..............  Vessel Inspection; Failure       22,957
                                  to Comply with 3311(b).
46 U.S.C. 3318(l)..............  Vessel Inspection;               11,478
                                  Violation of 3318(b)-
                                  3318(f).
46 U.S.C. 3502(e)..............  List/count of Passengers...         239
46 U.S.C. 3504(c)..............  Notification to Passengers.      23,933
46 U.S.C. 3504(c)..............  Notification to Passengers;       1,196
                                  Sale of Tickets.
46 U.S.C. 3506.................  Copies of Laws on Passenger         479
                                  Vessels; Master.
46 U.S.C. 3718(a)(1)...........  Liquid Bulk/Dangerous Cargo      59,834
46 U.S.C. 4106.................  Uninspected Vessels........      10,055
46 U.S.C. 4311(b)(1)...........  Recreational Vessels            316,566
                                  (maximum for related
                                  series of violations).
46 U.S.C. 4311(b)(1)...........  Recreational Vessels;             6,331
                                  Violation of 4307(a).
46 U.S.C. 4311(c)..............  Recreational Vessels.......       2,394
46 U.S.C. 4507.................  Uninspected Commercial           10,055
                                  Fishing Industry Vessels.
46 U.S.C. 4703.................  Abandonment of Barges......       1,704
46 U.S.C. 5116(a)..............  Load Lines.................      10,957
46 U.S.C. 5116(b)..............  Load Lines; Violation of         21,916
                                  5112(a).
46 U.S.C. 5116(c)..............  Load Lines; Violation of         10,957
                                  5112(b).
46 U.S.C. 6103(a)..............  Reporting Marine Casualties      38,175
46 U.S.C. 6103(b)..............  Reporting Marine                 10,055
                                  Casualties; Violation of
                                  6104.
46 U.S.C. 8101(e)..............  Manning of Inspected              1,811
                                  Vessels; Failure to Report
                                  Deficiency in Vessel
                                  Complement.
46 U.S.C. 8101(f)..............  Manning of Inspected             18,107
                                  Vessels.
46 U.S.C. 8101(g)..............  Manning of Inspected             18,107
                                  Vessels; Employing or
                                  Serving in Capacity not
                                  Licensed by USCG.
46 U.S.C. 8101(h)..............  Manning of Inspected              2,394
                                  Vessels; Freight Vessel
                                  <100 GT, Small Passenger
                                  Vessel, or Sailing School
                                  Vessel.
46 U.S.C. 8102(a)..............  Watchmen on Passenger             2,394
                                  Vessels.
46 U.S.C. 8103(f)..............  Citizenship Requirements...       1,196
46 U.S.C. 8104(i)..............  Watches on Vessels;              18,107
                                  Violation of 8104(a) or
                                  (b).
46 U.S.C. 8104(j)..............  Watches on Vessels;              18,107
                                  Violation of 8104(c), (d),
                                  (e), or (h).
46 U.S.C. 8302(e)..............  Staff Department on Vessels         239
46 U.S.C. 8304(d)..............  Officer's Competency                239
                                  Certificates.
46 U.S.C. 8502(e)..............  Coastwise Pilotage; Owner,       18,107
                                  Charterer, Managing
                                  Operator, Agent, Master or
                                  Individual in Charge.
46 U.S.C. 8502(f)..............  Coastwise Pilotage;              18,107
                                  Individual.
46 U.S.C. 8503.................  Federal Pilots.............      57,391
46 U.S.C. 8701(d)..............  Merchant Mariners Documents       1,196
46 U.S.C. 8702(e)..............  Crew Requirements..........      18,107
46 U.S.C. 8906.................  Small Vessel Manning.......      38,175
46 U.S.C. 9308(a)..............  Pilotage: Great Lakes;           18,107
                                  Owner, Charterer, Managing
                                  Operator, Agent, Master or
                                  Individual in Charge.
46 U.S.C. 9308(b)..............  Pilotage: Great Lakes;           18,107
                                  Individual.
46 U.S.C. 9308(c)..............  Pilotage: Great Lakes;           18,107
                                  Violation of 9303.
46 U.S.C. 10104(b).............  Failure to Report Sexual          9,623
                                  Offense.
46 U.S.C. 10314(a)(2)..........  Pay Advances to Seamen.....       1,196
46 U.S.C. 10314(b).............  Pay Advances to Seamen;           1,196
                                  Remuneration for
                                  Employment.
46 U.S.C. 10315(c).............  Allotment to Seamen........       1,196
46 U.S.C. 10321................  Seamen Protection; General.       8,296

[[Page 115]]

 
46 U.S.C. 10505(a)(2)..........  Coastwise Voyages: Advances       8,296
46 U.S.C. 10505(b).............  Coastwise Voyages:                8,296
                                  Advances; Remuneration for
                                  Employment.
46 U.S.C. 10508(b).............  Coastwise Voyages: Seamen         8,296
                                  Protection; General.
46 U.S.C. 10711................  Effects of Deceased Seamen.         479
46 U.S.C. 10902(a)(2)..........  Complaints of Unfitness....       1,196
46 U.S.C. 10903(d).............  Proceedings on Examination          239
                                  of Vessel.
46 U.S.C. 10907(b).............  Permission to Make                1,196
                                  Complaint.
46 U.S.C. 11101(f).............  Accommodations for Seamen..       1,196
46 U.S.C. 11102(b).............  Medicine Chests on Vessels.       1,196
46 U.S.C. 11104(b).............  Destitute Seamen...........         239
46 U.S.C. 11105(c).............  Wages on Discharge.........       1,196
46 U.S.C. 11303(a).............  Log Books; Master Failing           479
                                  to Maintain.
46 U.S.C. 11303(b).............  Log Books; Master Failing           479
                                  to Make Entry.
46 U.S.C. 11303(c).............  Log Books; Late Entry......         359
46 U.S.C. 11506................  Carrying of Sheath Knives..         120
46 U.S.C. 12151(a)(1)..........  Vessel Documentation.......      15,675
46 U.S.C. 12151(a)(2)..........  Documentation of Vessels--       26,126
                                  Related to activities
                                  involving mobile offshore
                                  drilling units.
46 U.S.C. 12151(c).............  Vessel Documentation;           119,786
                                  Fishery Endorsement.
46 U.S.C. 12309(a).............  Numbering of Undocumented        11,967
                                  Vessels--Willful violation.
46 U.S.C. 12309(b).............  Numbering of Undocumented         2,394
                                  Vessels.
46 U.S.C. 12507(b).............  Vessel Identification            20,111
                                  System.
46 U.S.C. 14701................  Measurement of Vessels.....      43,832
46 U.S.C. 14702................  Measurement; False               43,832
                                  Statements.
46 U.S.C. 31309................  Commercial Instruments and       20,111
                                  Maritime Liens.
46 U.S.C. 31330(a)(2)..........  Commercial Instruments and       20,111
                                  Maritime Liens; Mortgagor.
46 U.S.C. 31330(b)(2)..........  Commercial Instruments and       50,276
                                  Maritime Liens; Violation
                                  of 31329.
46 U.S.C. 70119(a).............  Port Security..............      33,333
46 U.S.C. 70119(b).............  Port Security--Continuing        59,893
                                  Violations.
46 U.S.C. 70506................  Maritime Drug Law                 5,526
                                  Enforcement; Penalties.
49 U.S.C. 5123(a)(1)...........  Hazardous Materials:             78,376
                                  Related to Vessels--
                                  Maximum Penalty.
49 U.S.C. 5123(a)(2)...........  Hazardous Materials:            182,877
                                  Related to Vessels--
                                  Penalty from Fatalities,
                                  Serious Injuries/Illness
                                  or Substantial Damage to
                                  Property.
49 U.S.C. 5123(a)(3)...........  Hazardous Materials:                471
                                  Related to Vessels--
                                  Training.
------------------------------------------------------------------------
\1\ Enacted under the Tariff Act of 1930, exempt from inflation
  adjustments.


[82 FR 8581, Jan. 27, 2017]


[[Page 116]]



                         SUBCHAPTER B_PERSONNEL





PART 40_CADETS OF THE COAST GUARD--Table of Contents



    Authority: 14 U.S.C. 182 and 633.



Sec.  40.1  Program for appointing cadets.

    The Coast Guard conducts a program for appointing qualified men and 
women as cadets who are admitted to the Coast Guard Academy, New London, 
Connecticut. The Superintendent of the Coast Guard Academy tenders 
appointments on the basis of previous academic performance, reported 
College Entrance Examination Board or American College Testing scores, 
and the findings of a Cadet Candidate Evaluation Board, consisting of 
Coast Guard officers appointed by the Superintendent of the Coast Guard 
Academy, which reviews each applicant's personal qualifications. In 
addition, a Service Academy Medical Examination must be satisfactorily 
completed before appointment. Applications must be submitted online at 
http://www.uscga.edu using Coast Guard forms CGA-14, CGA-14A, CGA-14B, 
CGA-14C, and CGA-14D. These forms, along with additional information on 
the Cadet appointment program, may be obtained from the Director of 
Admissions, U.S. Coast Guard Academy, New London, CT 06320.

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



PART 45_ENLISTMENT OF PERSONNEL--Table of Contents



Sec.
45.1 Enlistment of personnel.
45.2 Records of enlistment of former service members.

    Authority: 14 U.S.C. 351, 371; Pub. L. 107-296, 116 Stat. 2135.

    Source: CGD 82-087, 50 FR 13318, Apr. 4, 1985, unless otherwise 
noted.



Sec.  45.1  Enlistment of personnel.

    (a) The Coast Guard is a military service which operates within the 
Department of Homeland Security. All personnel enlisted in the Coast 
Guard are subject to the Uniform Code of Military Justice.
    (b) Any person desiring to enlist in the Coast Guard should apply at 
a Coast Guard Recruiting Office, or direct inquiries to, Coast Guard 
Recruiting Center, 4200 Wilson Boulevard, Suite 450, Arlington, VA 
22203. Enlistments in the Coast Guard shall be for general service and 
enlisted persons may be transferred as necessary from one unit to 
another. Original enlistments will be made only at regular recruiting 
offices unless otherwise directed by the Commandant. An original 
enlistment is the enlistment of an individual who has not had previous 
service in the Regular Coast Guard. In processing an application for 
enlistment, the Coast Guard will determine the mental, moral and 
physical fitness of the applicant through reference to local police 
files, character references, employers, school authorities and physical 
and mental examinations. Concealment of any fact, circumstance or 
condition existing prior to enlistment which would render the applicant 
ineligible for enlistment may subject the applicant to criminal 
penalties under the Uniform Code of Military Justice and/or 
administrative separation from the Coast Guard.

[CGD 82-087, 50 FR 13318, Apr. 4, 1985, as amended by CGD 96-026, 61 FR 
33663, June 28, 1996; USCG-2003-14505, 68 FR 9535, Feb. 28, 2003]



Sec.  45.2  Records of enlistment of former service members.

    Former members who have any questions about their service or who 
need information regarding their service should contact the nearest 
Coast Guard Recruiting Office or Coast Guard Recruiting Center, 4200 
Wilson Boulevard, Suite 450, Arlington, VA 20203.

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

[[Page 117]]



PART 49_PAYMENT OF AMOUNTS DUE MENTALLY INCOMPETENT COAST GUARD 
PERSONNEL--Table of Contents



                    Subpart 49.01_General Provisions

Sec.
49.01-1 Applicability.
49.01-5 Requests for appointment of trustee.
49.01-10 Determination of incompetency.

                          Subpart 49.05_Trustee

49.05-1 Appointment of trustee.
49.05-5 Bonding of trustee.
49.05-10 Affidavits required.

                    Subpart 49.10_Reports and Moneys

49.10-1 Reports required.
49.10-5 Payment of moneys due.
49.10-10 Cessation of payments.
49.10-15 Final accounting by trustee.

                  Subpart 49.15_Additional instructions

49.15-1 Implementing instructions.

    Authority: Secs. 1, 2, 3, 4, 64 Stat. 249, 250; 37 U.S.C. 351, 352, 
353, 354.

    Source: CGFR 51-48, 16 FR 10636, Oct. 18, 1951, unless otherwise 
noted.



                    Subpart 49.01_General Provisions



Sec.  49.01-1  Applicability.

    The Commandant of the Coast Guard is hereby designated and is 
authorized to appoint, in his discretion, the person or persons who may 
receive active-duty pay and allowances, amounts due for accumulated or 
accrued leave, or any retired or retainer pay, otherwise payable to 
personnel on the active or retired list of the Coast Guard and Coast 
Guard Reserve, entitled to Federal pay either on the active or any 
retired list of said service, who, in the opinion of competent medical 
authority, have been determined to be mentally incapable of managing 
their own affairs, and for whom no legal committee, guardian, or other 
representative has been appointed by a court of competent jurisdiction.



Sec.  49.01-5  Requests for appointment of trustee.

    Requests for the appointment of a person or persons to receive 
moneys due personnel believed to be mentally incapable of managing their 
own affairs shall be submitted to the Commandant of the Coast Guard:
    (a) By any person or persons who believe, because of relationship, 
they should be appointed to receive payments on behalf of the alleged 
incompetent;
    (b) By the Commanding Officer of the alleged incompetent if the 
latter is on active duty;
    (c) By the Commanding Officer of any Armed Forces hospital in which 
the mentally incompetent is undergoing treatment;
    (d) By the head of any veterans' hospital, or other public or 
private institution in which the alleged incompetent is undergoing 
treatment;
    (e) By any other person or organization acting for and in the best 
interests of the alleged mentally incompetent.



Sec.  49.01-10  Determination of incompetency.

    After examining the legitimacy, substance, and sufficiency of the 
application, the Commandant shall either (a) direct the Commanding 
Officer of the alleged mentally incompetent, (b) the Commanding Officer 
of the Coast Guard unit to which such incompetent may be conveniently 
referred, or (c) request the Surgeon General of the Public Health 
Service to convene or appoint, at the Public Health Hospital or 
facility, where the alleged incompetent is receiving treatment or to 
which his case may be conveniently referred, a board of not less than 
three qualified medical officers, one of whom shall be specially 
qualified in the treatment of mental disorders, to determine whether the 
alleged incompetent is capable of managing his own affairs. The record 
of proceedings, and the findings of the board shall, after action by the 
Convening or Appointive Authority thereon, be forwarded to the 
Commandant.



                          Subpart 49.05_Trustee



Sec.  49.05-1  Appointment of trustee.

    Upon receipt of a finding by a board convened or appointed in 
accordance with Sec.  49.01-10, that the alleged incompetent is mentally 
incapable of managing his own affairs, the Commandant may appoint a 
suitable person or persons, not under legal disability so to

[[Page 118]]

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



Sec.  49.05-5  Bonding of trustee.

    The trustee or trustees appointed to receive moneys in behalf of 
incompetent personnel shall furnish a bond in all cases when the amounts 
to be received may be expected to exceed $1,000, and in such other cases 
when deemed appropriate by the Commandant. The bond so required and 
furnished shall have as surety a company approved by the Federal 
Government, and shall be in such amount as is required by the 
Commandant. Such bonds shall be continued in effect for the life of 
trusteeship and expenses in connection with the furnishing and renewal 
of such bonds may be paid out of sums due the incompetent.



Sec.  49.05-10  Affidavits required.

    The trustee or trustees appointed to receive moneys due incompetent 
personnel shall, prior to the payment of any such moneys, execute and 
file with the Commandant an affidavit or affidavits saying and deposing 
that any moneys henceforth received by virtue of such appointment shall 
be applied solely to the use and benefit of the incompetent and that no 
fee, commission, or charge shall be demanded, or in any manner accepted, 
for any service or services rendered in connection with such appointment 
as trustee or trustees.



                    Subpart 49.10_Reports and Moneys



Sec.  49.10-1  Reports required.

    The trustee or trustees so appointed shall submit reports annually, 
or at such other times as the Commandant may designate. The report shall 
show a statement of the conditions of the trust account at the time of 
the submission of the report, including all funds received on behalf of 
the incompetent; all expenditures made in behalf of the incompetent, 
accompanied by receipts or vouchers covering such expenditures; and a 
receipt indicating that the surety bond required by Sec.  49.05-5 has 
been renewed. When the trustee is the spouse or adult dependent of the 
incompetent, receipts or vouchers need not be filed for expenditures 
made for living expenses. If the trustee or trustees fail to report 
promptly and properly at the end of any annual period or at such other 
times as the Commandant desires, the Commandant may, in his discretion, 
cause payment to such trustee or trustees to cease, and may, if deemed 
advisable, appoint another person or persons not under legal disability 
so to act, to receive future payments of moneys due the incompetent for 
the use and benefit of the incompetent.



Sec.  49.10-5  Payment of moneys due.

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



Sec.  49.10-10  Cessation of payments.

    (a) Payments of amounts due incompetent personnel shall cease to be 
paid to the trustee or trustees upon receipt of notification by the 
authorized certifying officer of the occurrence of any of the following:
    (1) Death of the incompetent;
    (2) Death or disability of the trustee or trustees appointed;
    (3) Receipt of notice that a committee, guardian, or other legal 
representative has been appointed for the incompetent by a court of 
competent jurisdiction;
    (4) Failure of the trustee or trustees to render the reports 
required by Sec.  49.10-1;
    (5) That there is probable cause to believe that moneys received on 
behalf of the incompetent have been, or are being, improperly used;
    (6) A finding by a board of medical officers that the heretofore 
incompetent is mentally capable of managing his own affairs;

[[Page 119]]

    (7) That the Commandant deems it to be in the best interest of the 
incompetent.
    (b) In the event of termination of payments under paragraphs (a)(2), 
(4), (5), or (7) of this section, the Commandant may, if deemed 
appropriate, appoint a successor trustee or trustees. The successor 
trustee or trustees, so appointed, shall comply with the provisions of 
the regulations and instructions in this part issued thereunder, and do 
all acts in the manner required of the original trustee or trustees.



Sec.  49.10-15  Final accounting by trustee.

    The trustee or trustees, when payments, hereunder are terminated, 
shall file a final account with the said Commandant. Thereupon, the 
trustee or trustees will be discharged and the surety released. In event 
of death or disability of the trustee, the final accounting will be 
filed by his legal representative.



                  Subpart 49.15_Additional Instructions



Sec.  49.15-1  Implementing instructions.

    The Commandant is hereby authorized to issue such instructions not 
in conflict with the regulations in this part as may be necessary from 
time to time to give full force and effect thereto.



PART 50_COAST GUARD RETIRING REVIEW BOARD--Table of Contents



Sec.
50.1 Establishment and duties of Board.
50.2 Composition of Board.
50.3 Request for review.
50.4 Presentation of case.
50.5 Action by the Board.
50.6 Notification of final action.

    Authority: Sec. 10 U.S.C. 1554; 14 U.S.C. 92, 633; Department of 
Homeland Security Delegations No. 0160.1(II)(B)(1), 0170.1(II)(23).
    Note: For the text of waivers of navigation and vessel inspection 
laws and regulations, see Part 19 of this chapter.



Sec.  50.1  Establishment and duties of Board.

    (a) A Retiring Review Board, referred to in this part as the Board, 
is hereby established in the Coast Guard.
    (b) It will be the duty of the Board to review, at the request of 
any Coast Guard member or former member retired or released to inactive 
service, without pay, for physical disability, pursuant to the decision 
of a retiring board, the findings and decision of the retiring board. 
The term ``retired or released to inactive service'' includes every kind 
of separation from the service.
    (c) After reviewing the findings and decision of a retiring board 
the Board will affirm or reverse, in whole or in part, the findings and 
decision of the retiring board.
    (d) In carrying out its duties the Board shall have the same powers 
as exercised by, or vested in, the retiring board whose findings and 
decision are being reviewed.

[10 FR 5650, May 17, 1945, as amended by USCG-2015-0433, 80 FR 44278, 
July 27, 2015]



Sec.  50.2  Composition of Board.

    (a) The Board will be composed of five commissioned officers 
designated for each case from a panel appointed by the Commandant. The 
senior Coast Guard members of the panel will designate the members of 
the Board for each case, three of whom shall be officers of the Coast 
Guard and two of whom shall be officers of the Public Health Service.
    (b) The senior Coast Guard member of the Board will be President and 
the junior Coast Guard member will be Recorder.
    (c) The Board will convene at the time and place designated by the 
President for each case, and will recess and adjourn at his order.

[10 FR 5650, May 17, 1945. Redesignated at 13 FR 7303, Nov. 30, 1948, as 
amended by CGFR 53-12, 18 FR 2953, May 22, 1953]



Sec.  50.3  Request for review.

    (a) Any member or former member of the Coast Guard who is retired or 
released to inactive service, without pay, for a physical disability, 
pursuant to the decision of a Coast Guard retiring board, may request a 
review of the findings and decision of the retiring board.
    (b) An application requesting a review must be in writing and shall 
be

[[Page 120]]

addressed to the Retiring Review Board, Coast Guard Headquarters, 
Washington D.C. 20226. Forms for application for review will be provided 
upon request.
    (c) An application requesting a review shall contain:
    (1) The full name of the applicant;
    (2) The mailing address of the applicant;
    (3) A brief statement setting out the basis of the request for 
review, showing in general the nature of error or inequity believed to 
have occurred in the findings and decision of the retiring board;
    (4) The corrective action requested;
    (5) Whether the applicant desires to appear before the Board in 
person;
    (6) Whether the applicant will be represented by counsel, and if so, 
the name and address of counsel.
    (d) No request for review shall be valid, and the Board will not 
consider an application, unless filed within fifteen years after the 
date of retirement for disability, or after the effective date of the 
act of June 22, 1944, whichever is the later.

[10 FR 5650, May 17, 1945. Redesignated at 13 FR 7303, Nov. 30, 1948, as 
amended by USCG-2015-0433, 80 FR 44279, July 27, 2015]



Sec.  50.4  Presentation of case.

    (a) The applicant may present his case:
    (1) Solely by written application, or by written application 
together with any additional written evidence or argument that he may 
desire to submit;
    (2) At a hearing before the Board.
    (b) The case of an applicant may be presented by his counsel. The 
term ``counsel'' includes members of the bar in good standing, 
accredited representatives of veterans' organizations recognized by the 
Veterans' Administration under section 200 of the act of June 29, 1936 
(49 Stat. 2031, 38 U. S. C. 101), and any other person approved by the 
Board.
    (c) If an applicant signifies a desire to present his case at a 
hearing, the Board will give him written notice of the place of his 
hearing, and of the time, which shall be at least thirty days after the 
time of mailing the notice.
    (d) The Board may, upon its own motion or at the request of the 
applicant or his counsel, grant a continuance whenever it appears 
necessary, in the judgment of the Board, in order to insure a thorough, 
complete and equitable hearing.
    (e) The case of any applicant who fails to appear, either in person 
or by counsel, after being duly notified of the time and place of the 
hearing will be decided upon the written application and such other 
evidence as is available to the Board.
    (f) As far as practicable the hearings of the Board will be 
conducted in accordance with the pertinent instructions contained in 
Coast Guard Boards, 1935, as amended, except that:
    (1) Physical examination of the applicant is not mandatory, but the 
Board may request that he submit to physical examination by physicians 
of the Board's choice in any case in which it appears to the 
satisfaction of the Board to be essential;
    (2) The medical members of the Board will not submit a report and 
will not be subject to examination.
    (g) Evidence may be submitted to the Board by oral testimony under 
oath, or in the form of depositions or affidavits. Witnesses appearing 
before the Board will be subject to examination or cross-examination, as 
the case may be, by members of the Board and the applicant or his 
counsel.
    (h) The Board will consider all available service records and all 
matter adduced by the applicant that bears upon the merits of the case. 
It will not be restricted by the rules of evidence.
    (i) Classified matter of the Coast Guard will not be made available 
to an applicant or his counsel. The Board will, when it deems it 
necessary in the interest of justice and compatible with the public 
interest, make available a summary of relevant classified matter.
    (j) The Government will not assume or pay any expenses incurred by 
an applicant, or by his witnesses or counsel.

[10 FR 5650, May 17, 1945. Redesignated at 13 FR 7303, Nov. 30, 1948]



Sec.  50.5  Action by the Board.

    (a) After a complete and thorough review of the evidence before it 
the Board will, in closed session, deliberate and

[[Page 121]]

make its decision affirming or reversing the findings and decision of 
the retiring board being reviewed.
    (b) If the Board reverses the findings of the retiring board being 
reviewed, it will make complete findings, including:
    (1) Whether the applicant was incapacitated for active service;
    (2) If so, the disability causing the incapacity;
    (3) Whether the incapacity is permanent;
    (4) Whether the incapacity was the result of an incident of service 
or incurred in the line of duty;
    (5) Whether the incapacity was the result of the applicant's own 
vicious habits;
    (6) In the case of a member or former member who was in the Reserve 
or who served under a temporary appointment, when the physical 
disability was incurred.
    (c) The findings and decision of a majority of the Board will 
constitute the findings and decision of the Board Members who do not 
concur with the majority may file a minority report.
    (d) When the Board has concluded its proceedings in any case the 
Recorder will prepare a complete record thereof including (1) the 
application for review (2) a transcript of the hearing, if any (3) 
affidavits, briefs, and written agreements filed in the case, (4) the 
findings and decision of the Board, and (5) all other papers and 
documents necessary to reflect a true and complete record of the 
proceedings. This complete record will be transmitted to the Commandant 
for appropriate action.

[10 FR 5650, May 17, 1945. Redesignated at 13 FR 7303, Nov. 30, 1948, 
and amended at CGFR 53-12, 18 FR 2953, May 22, 1953; USCG-2015-0433, 80 
FR 44279, July 27, 2015]



Sec.  50.6  Notification of final action.

    The member or former member requesting the interview will be 
notified by letter of the final action taken in the case.

[CGFR 48-73, 13 FR 9333, Dec. 31, 1948, as amended by USCG-2015-0433, 80 
FR 44279, July 27, 2015]



PART 51_COAST GUARD DISCHARGE REVIEW BOARD--Table of Contents



Sec.
51.1 Basis and purpose.
51.2 Authority.
51.3 Applicability and scope.
51.4 Definitions.
51.5 Objective of review.
51.6 Propriety standard of review.
51.7 Equity standard of review.
51.8 Relevant considerations.
51.9 Discharge review procedures.
51.10 Decisions.
51.11 Records.

    Authority: 10 U.S.C. 1553; 14 U.S.C. 92, 633; Department of Homeland 
Security Delegations No. 0160.1(II)(B)(1), 0170.1(II)(23).

    Source: CGD 81-104, 50 FR 41495, Oct. 11, 1985, unless otherwise 
noted.



Sec.  51.1  Basis and purpose.

    This part establishes the procedures for review of administrative 
discharges from the Coast Guard by a Discharge Review Board (DRB) or by 
the Secretary of the Department, and for the compilation of the record 
of the DRB determination, made available for public inspection, copying 
and distribution through the Armed Forces Discharge Review/Correction 
Board Reading Room.



Sec.  51.2  Authority.

    (a) The Secretary of Homeland Security has the authority to 
establish a Discharge Review Board (DRB) to review the discharge of a 
former member of the United States Coast Guard under the provisions of 
10 U.S.C. 1553. This part prescribes the establishment and outlines the 
procedures of the Coast Guard Discharge Review Board. The Secretary 
retains the authority to review and take final action on the DRB's 
findings in the following cases:
    (1) Those cases in which a minority of the board requests that their 
written opinion be forwarded to the Secretary for consideration;
    (2) Those cases selected by the Commandant to inform the Secretary 
of aspects of the board's functions which may be of interest to the 
Secretary;
    (3) Any case in which the Secretary demonstrates an interest;
    (4) Any case which the President of the board believes is of 
significant interest to the Secretary.

[[Page 122]]

    (b) The Commandant of the Coast Guard is delegated the authority to:
    (1) Appoint members to serve on the Discharge Review Board;
    (2) Appoint alternates to serve on the DRB in the event that a 
regularly appointed member is unavailable;
    (3) Designate a member as the President of the DRB; and
    (4) Review and take final action on all DRB decisions which are not 
reviewed by the Secretary.

[CGD 81-104, 50 FR 41495, Oct. 11, 1985, as amended by CGD 97-023, 62 FR 
33362, June 19, 1997; USCG-2003-14505, 68 FR 9535, Feb. 28, 2003]



Sec.  51.3  Applicability and scope.

    The provisions of this part apply to the United States Coast Guard 
including reserve-components and all former members who have been 
discharged within 15 years of the date upon which application for review 
is received by the DRB. A former member may apply to the DRB for a 
change in the character of, and/or the reason for, the discharge. The 
Coast Guard DRB review is generally applicable only to administrative 
discharges, however, the DRB may review the discharge of a former member 
by sentence of a court-martial for the purpose of clemency. A petition 
for clemency will not be considered by the DRB unless the applicant has 
exhausted all appellate remedies. Upon a petition for clemency, the DRB 
shall consider only the equity of the discharge awarded.



Sec.  51.4  Definitions.

    Applicant. A former member of the Coast Guard who has been 
discharged from the service but excluding those discharged by sentence 
of a court-martial, except as provided in Sec.  51.3. If the former 
member is deceased or incompetent, the term ``applicant'' includes the 
surviving spouse, next-of-kin, or legal representative who is acting on 
behalf of the former member.
    Counsel. An individual or agency designated by the applicant who 
agrees to represent the applicant in a case before the DRB. It includes, 
but is not limited to: A lawyer who is a member of the bar of a federal 
court or of the highest court of a state; an accredited representative 
designated by an organization recognized by the Administrator of 
Veterans Affairs; a representative from a state agency concerned with 
veterans affairs; or a representative from private organizations or 
local government agencies.
    Discharge. Any formal separation of a member from the Coast Guard 
which is not termed ``honorable'', including dismissals and ``dropping 
from the rolls''. This term also includes the assignment of a separation 
program designator, separation authority, the stated reason for the 
discharge, and the characterization of service.
    Discharge Review. The process by which the reason for separation, 
the procedures followed in accomplishing separation, and the 
characterization of service are evaluated. This includes determinations 
made under the provisions of 38 U.S.C. 3103(e)(2).
    Discharge Review Board. A board consisting of five members of the 
U.S. Coast Guard, appointed by the Commandant of the Coast Guard and 
vested with the authority to review the discharge of a former member. 
The board is empowered to change a discharge or issue a new discharge to 
reflect its findings, subject to review by the Commandant or the 
Secretary.
    Hearing. A proceeding which, upon request of the applicant, is 
utilized in the discharge review process enabling the applicant and/or 
the applicant's representative to appear before the DRB and present 
evidence.
    President. An officer of the United States Coast Guard appointed by 
the Commandant as President to preside over the DRB. The President will 
convene the board and may also serve as a member. If the President does 
not serve as a member of the DRB, the President shall designate a 
presiding officer for the board to serve as President.

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



Sec.  51.5  Objective of review.

    The objective of the discharge review is to examine the propriety 
and equity of the applicant's discharge and to effect changes if 
necessary. The DRB will utilize its discretion to reach a fair and just 
resolution of the applicant's claim.

[[Page 123]]

The standards of review and the underlying factors which aid in 
determining whether the standards are met shall be historically 
consistent with criteria for determining honorable service. No factors 
shall be established which require automatic change, or denial of 
change, in a discharge.



Sec.  51.6  Propriety standard of review.

    A discharge is deemed to be proper except that:
    (a) A discharge may be improper if an error of fact, law, procedure, 
or discretion was associated with the discharge at the time of issuance 
which prejudiced the rights of the applicant.
    (b) A discharge may be improper if there has been a change in policy 
by the Coast Guard made expressly retroactive to the type of discharge 
under consideration.



Sec.  51.7  Equity standard of review.

    (a) A discharge is presumed to be equitable and will not be changed 
under this section unless the applicant submits evidence sufficient to 
establish, to the satisfaction of the DRB that:
    (1) The policies and procedures under which the applicant was 
discharged differ in material respects from policies and procedures 
currently applicable on a service-wide basis to discharges of that type, 
provided that current policies or procedures represent a substantial 
enhancement of the rights afforded a party in such proceedings, and 
there is substantial doubt that the applicant would have received the 
same discharge if relevant current policies and procedures had been 
available to the applicant at the time of the discharge proceedings 
under consideration; or
    (2) At the time of issuance, the discharge was inconsistent with 
standards of discipline in the Coast Guard; or
    (3) The applicant's military record and other evidence presented to 
the DRB, viewed in conjunction with the factors listed in Sec.  51.8 and 
the regulations under which the applicant was discharged, do not fairly 
justify the type of discharge received.
    (b) If the applicant was discharged with a characterized discharge 
before June 15, 1983, a change from the characterized discharge to an 
uncharacterized discharge will not be considered under the provisions of 
(a)(1) of this section unless specifically requested by the applicant. A 
determination that a discharge is inequitable according to the 
provisions of (a)(2) or (a)(3) of this section shall entitle the 
applicant to a discharge of a type to which the applicant was entitled 
at the time the original discharge was issued.



Sec.  51.8  Relevant considerations.

    In determining the equity and propriety of a former member's 
discharge, the DRB shall consider all relevant evidence presented by the 
applicant. The DRB review will include, but is not limited to, 
consideration of the following factors:
    (a) The quality of the applicant's service. In determining the 
quality of the applicant's service, the DRB may consider the applicant's 
dates and periods of service; rate or rank achieved; marks and 
evaluations received; awards, decorations and letters of commendation; 
acts of merit; combat service and wounds received; promotions and 
demotions; prior military service and type of discharge; records of 
unauthorized absence; records of non-judicial punishment; convictions by 
court-martial; records of conviction by civil authorities while a member 
of the Coast Guard; and any other relevant information respecting the 
applicant which is brought to the board's attention.
    (b) The applicant's capability to serve. In determining the 
applicant's capability to serve, the DRB considers such factors as the 
applicant's age and education; qualification for reenlistment; 
capability to adjust to military service; and family or personal 
problems.
    (c) Any evidence of arbitrary, capricious or discriminatory actions 
by individuals in authority over the applicant.
    (d) Any other information respecting the applicant considered by the 
DRB to be relevant and material to the review of the applicant's 
discharge.



Sec.  51.9  Discharge review procedures.

    (a) Preliminary. Prior to a review, applicants or their 
representatives may obtain copies of military records by

[[Page 124]]

submitting a Standard Form 180, Request Pertaining to Military Records, 
to the National Personnel Records Center (NPRC), 9799 Page Boulevard, 
St. Louis, MO. 72132. The request to the NPRC should be submitted prior 
to submitting the application for review, so that relevant information 
from the record can be included with the application.
    (b) Initiation of review. Review may be initiated by an applicant or 
by the DRB. The applicant may apply for DRB review of discharge by 
submitting DD Form 293, Application for Review of Discharge or 
Separation from the Armed Forces of the United States, along with any 
other statements, affidavits or documentation desired by the applicant. 
The application must be received by the DRB within fifteen (15) years of 
the date of the discharge. The application form can be obtained, along 
with explanatory matter, from Commandant (CG-12), Attn: Personnel 
Management Directorate, U.S. Coast Guard Stop 7907, 2703 Martin Luther 
King Jr. Avenue SE., Washington, DC 20593-7907, any regional VA office, 
or by writing to the Armed Forces Review/Correction Board Reading Room, 
Pentagon Concourse, Washington, DC 20310.
    (c) Notice. (1) The DRB will provide notification advising the 
former member of--
    (i) Receipt of the applicant's request;
    (ii) The right to appear before the board in person or by counsel; 
and
    (iii) The date of review.

If the former member is deceased, written notice of DRB review will be 
sent to the surviving spouse, next of kin or legal representative of the 
former member. If the review is initiated by the DRB, notification will 
be sent to the last known address of the former member.
    (2) Prior to the initiation of the decision process, the DRB will 
notify the former member of the date by which requests to examine the 
documents to be considered by the board must be received. This notice 
will also state the date by which a request for a hearing must be made 
and the deadline for filing responses to the board.
    (3) An applicant who requests a hearing will be notified of the time 
and place of the hearing. All expenses incurred by the applicant in DRB 
proceedings and hearings are the sole responsibility of the applicant 
and are not obligations of the U.S. Coast Guard or the Department of 
Transportation. If the applicant fails to appear, except as provided in 
Sec.  51.9(f), the DRB will review the discharge and reach a decision 
based upon the evidence of record.
    (d) Withdrawal of application. An applicant may withdraw an 
application without prejudice at any time before the scheduled review. 
An application which is withdrawn will not stay the running of the 15 
year statutory limitation imposed on the authority of the DRB to review 
the discharge.
    (e) The DRB will consider the records and other data submitted by 
the applicant. The DRB may consider other probative evidence provided 
that all materials relied on by the DRB, except classified documents, 
are made available to the applicant and applicant's representative prior 
to the hearing date (or review date if no hearing is requested). The DRB 
shall not consider a classified document in the review of a discharge 
unless a summary of, or extract from, the document (deleting all 
reference to sources of information and other matters, the disclosure of 
which would, in the opinion of the classifying authority, be detrimental 
to the security interests of the United States) is made available to the 
applicant.
    (f) Postponement of review or hearing. At any time before the date 
of scheduled review or hearing, an applicant may be granted a 
continuance, provided the applicant or the applicant's counsel makes a 
written request for additional time to the DRB which shows good cause to 
justify the postponement.
    (g) Hearing procedures. The following procedures apply to DRB 
hearings:
    (1) DRB hearings are not public. Presence at hearings is limited to 
persons authorized by the Commandant or expressly requested by the 
applicant, subject to reasonable limitations based upon available space.
    (2) The Federal Rules of Evidence are not applicable to DRB 
proceedings. The presiding officer rules on matters of procedure and 
ensures that reasonable bounds of relevancy and materiality

[[Page 125]]

are adhered to in the taking of evidence.
    (3) An applicant is permitted to make a sworn or unsworn statement. 
Witness testimony will only be taken under oath or affirmation. An 
applicant or witness who makes a statement may be questioned by the DRB.
    (4) An applicant may make oral or written argument personally or 
through his or her representative.
    (h) Reconsideration. The decision of the DRB may not be reconsidered 
unless--
    (1) The only previous consideration of the case was on the motion of 
the DRB;
    (2) Changes in discharge policy occur; or
    (3) New, substantial, relevant evidence, not available to the 
applicant at the time of the original review, is submitted to the DRB.

[CGD 81-104, 50 FR 41495, Oct. 11, 1985, as amended by CGD 96-026, 61 FR 
33663, June 28, 1996; USCG-2010-0351, 75 FR 36281, June 25, 2010; USCG-
2014-0410, 79 FR 38431, July 7, 2014]



Sec.  51.10  Decisions.

    (a) The DRB will make written findings and conclusions with respect 
to all disputed facts and issues. The decision of the DRB is governed by 
the vote of a majority of the board.
    (b) A decision document is prepared for each review conducted by the 
DRB. This document contains--
    (1) The date, character of, and reason for the discharge including 
the specific authority under which the discharge was issued;
    (2) The specific change(s) requested by the applicant;
    (3) A list of the issues raised by the applicant;
    (4) The circumstances and character of the applicant's service, as 
extracted from the service record, health record and other evidence 
presented to the DRB;
    (5) References to documentary evidence, testimony or other material 
relied on by the DRB in support of its decision;
    (6) A statement of the DRB's findings with respect to each issue 
raised by the applicant;
    (7) A summary of the rationale and a statement of the DRB's 
conclusions as to whether any change, correction or modification should 
be made in the type or character of the discharge or the reason and 
authority for the discharge; and
    (8) A statement of the particular changes, correction, or 
modification made by the DRB.



Sec.  51.11  Records.

    (a) The record of the discharge review will include--
    (1) The application for review;
    (2) A summarized record of the testimony and a summary of evidence 
considered by the DRB other than information contained in the service 
records;
    (3) Briefs or written arguments submitted by or on behalf of the 
applicant;
    (4) The decision of the DRB;
    (5) Advisory opinions relief upon for the final action; and
    (6) The final action on the DRB decision by the Commandant or 
Secretary.
    (b) The record of the discharge review is incorporated into the 
service record of the applicant.
    (c) A copy of the decision of the DRB and the final action thereon 
is made available for public inspection and copying promptly after a 
notice of the final decision is sent to the applicant. However, to the 
extent required for the protection of privacy rights, identifying 
details of the applicant and other persons are deleted from the public 
record.
    (1) DRB documents made available for public inspection and copying 
are located in the Armed Forces Discharge Review/Correction Board 
Reading Room. The documents are indexed so as to enable the public to 
determine why relief was granted or denied. The index includes the case 
number, the date, character of, reason for, and authority for the 
discharge and is maintained at Coast Guard Headquarters and the Armed 
Forces Reading Room. The Armed Forces Discharge Review/Correction Board 
Reading Room publishes indexes quarterly for all boards.
    (2) Correspondence relating to matters under the cognizance of the 
Reading Room (including requests for purchase of indexes) should be 
addressed to: Armed Forces Discharge Review/Correction Board Reading 
Room, The

[[Page 126]]

Pentagon Concourse, Washington, DC 20310.



PART 52_BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD
--Table of Contents



                     Subpart A_Purpose and Authority

Sec.
52.1 Purpose.
52.2 Authority.

      Subpart B_Establishment, Function, and Jurisdiction of Board

52.11 Establishment and composition.
52.12 Function.
52.13 Jurisdiction.

           Subpart C_General Provisions Regarding Applications

52.21 General requirements.
52.22 Time limit for filing application.
52.23 Counsel.
52.24 Evidence and burden of proof.
52.25 Access to official records.
52.26 Right to timely decision; effect of requests for extensions, 
          changes in requests for relief, and late submissions of 
          evidence.
52.27 Withdrawal of application.
52.28 Stay of proceedings.

    Subpart D_Consideration of Application and Administrative Closure

52.31 Consideration of application.
52.32 Administrative closure.

       Subpart E_Submissions by the Coast Guard and Other Offices

52.41 Assistance.
52.42 Views of the Coast Guard.
52.43 Requests for further information; submissions of classified, 
          privileged, and sensitive information.

                           Subpart F_Hearings

52.51 General provision.
52.52 Notice of hearing.
52.53 Witnesses.
52.54 Expenses.
52.55 Nonappearance.
52.56 Conduct of hearing.
52.57 Record of hearing.

                   Subpart G_Judgment and Disposition

52.61 Deliberations and decision.
52.62 Minority report.
52.63 Record of proceedings.
52.64 Final action.
52.65 Orders.
52.66 Notification.
52.67 Reconsideration.

        Subpart H_Payment of Claims and Implementation of Orders

52.71 Authority to pay.
52.72 Implementation of orders.
52.73 Interpretation.
52.74 Report of settlement.

                  Subpart I_Public Access to Decisions

52.81 Reading room and index.

    Authority: 10 U.S.C. 1552; 14 U.S.C. 92, 633; Department of Homeland 
Security Delegations No. 0160.1(II)(B)(1), 0170.1(II)(23).

    Source: OST Doc. No. 2002-13439, 68 FR 9886, Mar. 3, 2003, unless 
otherwise noted.



                     Subpart A_Purpose and Authority



Sec.  52.1  Purpose.

    This part establishes the procedure for application for correction 
of military records of the Coast Guard, for consideration of 
applications by the Department of Homeland Security Board for Correction 
of Military Records of the Coast Guard (hereinafter ``the Board''), and 
for settling claims or determining monetary benefits.

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



Sec.  52.2  Authority.

    (a) The Secretary of Homeland Security, acting through boards of 
civilians, is authorized to correct any military record of the Coast 
Guard when the Secretary considers it necessary to correct an error or 
remove an injustice. 10 U.S.C. 1552. The Secretary shall ensure that 
final action on a complete application for correction is taken within 10 
months of its receipt.

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

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

[[Page 127]]



      Subpart B_Establishment, Function, and Jurisdiction of Board



Sec.  52.11  Establishment and composition.

    (a) Pursuant to 10 U.S.C. 1552, the Board for Correction of Military 
Records of the Coast Guard is established in the Office of the Secretary 
of Homeland Security.
    (b) The Secretary appoints a panel of civilian officers or employees 
of the Department of Homeland Security to serve as members of the Board, 
and designates one such member to serve as Chair of the Board. The Chair 
designates members from this panel to serve as the Board for each case 
requiring consideration by a Board. The Board consists of three members, 
and two members present constitute a quorum of the Board.
    (c) The Deputy Chair of the Board exercises the functions prescribed 
by these regulations and such other duties as may be assigned by the 
Chair.

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



Sec.  52.12  Function.

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



Sec.  52.13  Jurisdiction.

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



           Subpart C_General Provisions Regarding Applications



Sec.  52.21  General requirements.

    (a) An application for correction of a Coast Guard record shall be 
submitted on DD Form 149 (Application for Correction of Military or 
Naval Record) or an exact copy thereof, and shall be addressed to: DHS 
Office of the General Counsel, Board for Correction of Military Records, 
Mailstop 485, 245 Murray Lane, Washington, DC 20528. Forms and 
explanatory material may be obtained from the Chair of the Board.
    (b) The application shall be signed by the person alleging error or 
injustice in his or her military record, except that an application may 
be signed by a family member or legal representative with respect to the 
record of a deceased, incapacitated, or missing person. The family 
member or legal representative must submit proof of his or her proper 
interest with the application.
    (c) No application shall be docketed or processed until it is 
complete. An application for relief is complete when all of the 
following have been received by the Board:
    (1) A signed DD Form 149, providing all necessary responses, 
including a specific allegation of error or injustice, accompanied by 
substantial evidence or information in support of such allegation;
    (2) The military records of the applicant; and
    (3) Any applicable military and Department of Veterans Affairs 
medical records.
    (d) It is the applicant's responsibility to include his or her 
correct mailing address on the DD Form 149 and to inform the Chair in 
writing of any subsequent change of address until the Board or the 
Secretary takes final action on the application.
    (e) Briefs in support of applications must be assembled in a manner 
that permits easy reproduction and may not

[[Page 128]]

exceed twenty-five double-spaced typewritten pages in a type size with 
no more than twelve characters per inch. This limitation does not apply 
to supporting documentary evidence. In complex cases, the Chair may 
waive this limitation.

[OST Doc. No. 2002-13439, 68 FR 9886, Mar. 3, 2003, as amended by USCG-
2014-0410, 79 FR 38431, July 7, 2014]



Sec.  52.22  Time limit for filing application.

    An application for correction of a record must be filed within three 
years after the applicant discovered or reasonably should have 
discovered the alleged error or injustice. If an application is 
untimely, the applicant shall set forth reasons in the application why 
it is in the interest of justice for the Board to consider the 
application. An untimely application shall be denied unless the Board 
finds that sufficient evidence has been presented to warrant a finding 
that it would be in the interest of justice to excuse the failure to 
file timely.



Sec.  52.23  Counsel.

    (a) Applicants may be represented by counsel at their own expense. 
Applicants whose cases are processed under the Whistleblower Protection 
Act and who are granted a hearing by the Board may be entitled to 
representation by a Coast Guard law specialist. 10 U.S.C. 1034(f)(3)(A).
    (b) As used in this part, the term ``counsel'' includes attorneys 
who are members in good standing of any bar; accredited representatives 
of veterans' organizations recognized by the Secretary of Veterans 
Affairs pursuant to 38 U.S.C. 5902; and other persons who, in the 
opinion of the Chair, are competent to represent the applicant for 
correction. Whenever the term ``applicant'' is used in these rules, 
except in Sec.  52.21(c), the term shall mean an applicant or his or her 
counsel.



Sec.  52.24  Evidence and burden of proof.

    (a) It is the responsibility of the applicant to procure and submit 
with his or her application such evidence, including official records, 
as the applicant desires to present in support of his or her case. All 
such evidence should be submitted with the applicant's DD Form 149 in 
accordance with Sec.  52.21(c)(1). Evidence submitted by an applicant 
after an application has been filed and docketed shall be considered 
late and its acceptance is subject to the provisions in Sec.  
52.26(a)(4) and (c).
    (b) The Board begins its consideration of each case presuming 
administrative regularity on the part of Coast Guard and other 
Government officials. The applicant has the burden of proving the 
existence of an error or injustice by the preponderance of the evidence.



Sec.  52.25  Access to official records.

    The applicant shall have such access to official records or to any 
information pertaining to the applicant which is in the custody of the 
Coast Guard as is provided in 49 CFR parts 7 and 10.



Sec.  52.26  Right to timely decision; effect of requests for extensions,
changes in requests for relief, and late submissions of evidence.

    (a) Each applicant has a right to have final action taken on his or 
her application within 10 months after all the elements of a complete 
application, as defined in Sec.  52.21(c), have been received by the 
Board, unless the applicant:
    (1) Submits a written request, which is granted by the Chair, for an 
extension of a specific duration to seek counsel or additional evidence;
    (2) Submits a written request, which is granted by the Chair, for an 
extension of the time provided for responding to the views of the Coast 
Guard in accordance with Sec.  52.42(d);
    (3) Submits a signed statement that is determined by the Chair to 
significantly amend the applicant's request for relief after the 
application has been docketed;
    (4) Submits significant new evidence, as determined by the Chair, 
after the application has been docketed; or
    (5) Is found by the Chair to have unreasonably delayed responding to 
a request for further information or evidence.
    (b) If the applicant requests an extension in accordance with 
paragraphs (a)(1) or (a)(2) of this section or unreasonably delays 
responding to a request for further information or evidence in

[[Page 129]]

accordance with paragraph (a)(5) of this section, he or she shall have a 
right to have final action taken on the application for correction 
within 10 months of the application's completion plus all periods of 
extension granted to the applicant by the Chair and all periods of 
unreasonable delay.
    (c) If the applicant significantly amends his or her request for 
relief or submits significant new evidence after the application has 
been docketed, in accordance with paragraphs (a)(3) or (a)(4) of this 
section, the application shall be considered newly complete as of the 
date the amended request for relief or new evidence is received, in 
which case the applicant shall have a right to have final action taken 
on the application within 10 months of the date the Board receives the 
amended request for relief or significant new evidence.



Sec.  52.27  Withdrawal of application.

    The Chair may, at his or her discretion, permit the applicant to 
withdraw his or her application at any time before final action is taken 
under Sec.  52.64. Any further consideration by the Board of the issues 
raised in the withdrawn application shall occur only upon the filing of 
a new application.



Sec.  52.28  Stay of proceedings.

    An application to the Board for correction of a military record does 
not operate as a stay of any proceeding or administrative action taken 
with respect to or affecting the applicant.



    Subpart D_Consideration of Application and Administrative Closure



Sec.  52.31  Consideration of application.

    Each application shall be reviewed by the Chair to determine whether 
it meets the requirements of Sec.  52.21 before it is docketed. The 
Chair shall decide in appropriate cases whether to grant a hearing or to 
recommend disposition on the merits without a hearing.



Sec.  52.32  Administrative closure.

    (a) The Chair may administratively close a case after it has been 
docketed and at any time prior to its consideration by the Board if the 
Chair determines that:
    (1) The application was erroneously docketed because the application 
did not meet the criteria under Sec.  52.21;
    (2) Effective relief cannot be granted by the Board;
    (3) The Board does not have jurisdiction to determine the issues 
presented or the applicant has not exhausted an available administrative 
remedy, as required under Sec.  52.13(b); or
    (4) The Coast Guard has granted effective relief satisfactory to the 
applicant.
    (b) Administrative closure does not constitute a denial of relief. 
Applicants who believe their cases should not have been administratively 
closed by the Chair may resubmit their applications with a request for 
further consideration and a statement explaining why the applicant 
believes his or her case should be docketed and considered by the Board. 
A request for further consideration shall be regarded as a new 
application for the purposes of Sec. Sec.  52.21 and 52.26.
    (c) If the Chair administratively closes a case, the applicant shall 
be advised of the reason and of the right to resubmit his or her 
application.



       Subpart E_Submissions by the Coast Guard and Other Offices



Sec.  52.41  Assistance.

    The Board may request such advice, opinion, assistance, or use of 
the facilities of any other bureau, board, or office of the Department 
of Transportation as the Board deems necessary.



Sec.  52.42  Views of the Coast Guard.

    (a) The Board shall transmit to the Commandant of the Coast Guard or 
his or her delegate a copy of each application for relief submitted and 
docketed under subpart C of this part, together with any briefs, 
memoranda, and documentary evidence submitted or obtained in the case.
    (b) The Commandant of the Coast Guard or his or her delegate may 
forward to the Board a written advisory opinion presenting the views of 
the Coast Guard on any case before the Board.

[[Page 130]]

    (c) An advisory opinion furnished by the Coast Guard under this 
section shall not be binding upon the Board, but shall be considered by 
the Board, along with all other information and material submitted in 
the particular case, if it is received by the Board within 135 days of 
the date the application is complete. The Chair may, in his or her 
discretion, grant the Coast Guard an extension of the time provided for 
submitting the advisory opinion.
    (d) The Board shall promptly send a copy of each submission made by 
the Coast Guard under this section to the applicant involved, subject to 
the limitations in Sec. Sec.  52.42(c) and 52.43(c). Each applicant has 
30 days, from the date the Board sends the submission, to submit to the 
Board a written rebuttal or response to the Coast Guard's advisory 
opinion or a written request for an extension of the time to respond, 
subject to the provisions in Sec.  52.26.
    (e) Advisory opinions submitted by the Coast Guard and briefs 
submitted by applicants in response to the advisory opinions of the 
Coast Guard must be assembled in a manner that permits easy reproduction 
and may not exceed fifteen double-spaced typewritten pages in a type 
size with no more than twelve characters per inch. This limitation does 
not apply to supporting documentary evidence. In complex cases, the 
Chair may waive this limitation.



Sec.  52.43  Requests for further information; submissions of classified,
privileged, and sensitive information.

    (a) The Chair or the Board may ask the applicant to submit 
additional information not included in the application or response to 
the advisory opinion.
    (b) The Chair or the Board may ask the Coast Guard or other 
Government office to submit any information, including reports of 
investigations, that the Chair or the Board deems relevant to an 
applicant's case.
    (c) Whenever the Coast Guard or other Government office submits 
classified, privileged, or sensitive information to the Board in 
accordance with paragraph (b) of this section or Sec.  52.42(b), it 
shall identify such information and also provide the Board with a copy 
of that part of the information that would be released to the applicant 
by the Coast Guard or other Government office if he or she requested it 
under 49 CFR parts 7 and 10. The Board shall forward only this redacted 
copy to the applicant.



                           Subpart F_Hearings



Sec.  52.51  General provision.

    In each case in which the Chair determines that a hearing is 
warranted, the applicant will be entitled to be heard orally in person, 
by counsel, or in person with counsel.



Sec.  52.52  Notice of hearing.

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



Sec.  52.53  Witnesses.

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



Sec.  52.54  Expenses.

    No expenses of any nature whatsoever incurred by an applicant, his 
or her counsel, witnesses, or others acting on behalf of the applicant 
shall be paid by the Government, except that an applicant may be 
entitled to representation by a Coast Guard law specialist if the case 
has been processed under the Whistleblower Protection Act. 10 U.S.C. 
1034(f)(3)(A).



Sec.  52.55  Nonappearance.

    An applicant who fails without good cause to appear in person or by 
counsel at the appointed date, time, and place for hearing, is deemed to 
have waived the right to a hearing. The application

[[Page 131]]

is then considered by the Board on the basis of all the material of 
record.



Sec.  52.56  Conduct of hearing.

    (a) The Chair or the Chair's designee shall conduct a hearing so as 
to ensure a full and fair presentation of the evidence.
    (b) The hearing is not limited by legal rules of evidence, but 
reasonable standards of competency, relevancy, and materiality are 
observed for the receipt and consideration of evidence.
    (c) All testimony shall be given under oath or affirmation.



Sec.  52.57  Record of hearing.

    A hearing pursuant to this subpart in open session shall be recorded 
verbatim and, at the discretion of the Board or direction of the 
Secretary, shall be transcribed.



                   Subpart G_Judgment and Disposition



Sec.  52.61  Deliberations and decision.

    (a) The Board is convened at the call of the Chair and its meetings 
are recessed or adjourned by order of the Chair. Only members of the 
Board and its staff may be present during the deliberations of the 
Board. The Board's deliberations are conducted in executive session and 
are not reported.
    (b) When the Board finds that the facts have not been fully and 
fairly disclosed by the records, testimony, and any other evidence 
before the Board, the Board may request the applicant and/or the Coast 
Guard to obtain and submit such further evidence as it considers 
essential to a complete and impartial understanding of the facts and 
issues.
    (c) Following the receipt of all evidence, the Chair shall cause to 
be prepared and shall submit to the Board for its consideration a draft 
decision containing proposed findings and conclusions and a proposed 
order. A majority vote of the members of the Board present at a meeting 
on any matter relating to a draft decision before the Board shall 
constitute the action of the Board. If a draft decision is approved by 
the Board, it shall become a decision of the Board.
    (d) The decision of the Board shall specify any change, correction, 
or modification of records to be made by the Coast Guard, and any other 
action deemed necessary to provide full and effective relief, which may 
include directing the Coast Guard to convene medical boards.
    (e) If the Board deems it necessary to submit a comment or 
recommendation to the Secretary as to a matter arising from, but not 
directly related to, the issues in a case, it does so by separate 
communication.



Sec.  52.62  Minority report.

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



Sec.  52.63  Record of proceedings.

    (a) The Board shall prepare a complete record of each proceeding. 
The record shall include the application for relief; the written views 
of the Coast Guard, if any; any transcript of testimony; affidavits and 
documents considered by the Board; briefs and written arguments filed in 
the case; the findings, decisions, and recommendations of the Board; 
minority reports, if any; and all other materials necessary to reflect a 
true and complete history of the proceedings.
    (b) After final action has been taken on an application in 
accordance with Sec.  52.64, any classified, privileged, or sensitive 
information in the record of proceedings that has been provided by the 
Coast Guard or another Government office in accordance with Sec. Sec.  
52.42 or 52.43 shall be returned by the Board to the office from which 
it was received. Only a copy of the information provided by the Coast 
Guard or other Government office for release to the applicant in 
accordance with Sec.  52.43(c) shall be retained in the permanent record 
of proceedings after final action is taken.



Sec.  52.64  Final action.

    (a) The Board, provided that it acts unanimously, may take final 
action on behalf of the Secretary, pursuant to 10 U.S.C. 1552, as 
follows:
    (1) The Board may deny an application for the correction of military 
records.

[[Page 132]]

    (2) Unless the Coast Guard, in submitting its views pursuant to 
Sec.  52.42(b), identifies and describes a significant issue of Coast 
Guard policy challenged in the application, the Board may approve an 
application for the correction of military records in any of the 
following categories:
    (i) An application to correct an enlistment or reenlistment contract 
or agreement to extend an enlistment for the purpose of effecting or 
increasing entitlement to a Selective Reenlistment Bonus;
    (ii) An application to modify an election to participate in the 
Survivor Benefit Plan;
    (iii) An application to change a reenlistment eligibility code;
    (iv) An application to correct the character of, or reason for, a 
discharge or separation; or
    (v) An application to receive a medal or award.
    (3) The Board may approve any application for correction of military 
records not included in one of the categories in paragraph (a)(2) of 
this section, if the Coast Guard recommends the same or substantially 
same relief as that requested by the applicant.
    (b) Except in cases where the Board takes final action under 
paragraph (a) of this section, the Board shall forward the record of its 
proceedings to the Secretary, who may approve, disapprove, or concur in 
the decision of the Board or the minority report, if any, either in 
whole or in part, and amend the order of the Board accordingly, or 
return the case to the Board for additional consideration. After taking 
final action, the Secretary shall send any such statement and the record 
of proceedings to the Board for disposition.



Sec.  52.65  Orders.

    (a) The Board shall issue such orders or directives as may be 
necessary to carry out a final action.
    (b) The Board may ask the Coast Guard to submit a written report to 
the Board specifying the action taken and the date thereof with respect 
to any final action.
    (c) Unless doing so is likely to nullify the relief granted, copies 
of the final decision shall be placed in the military record of the 
applicant.



Sec.  52.66  Notification.

    After final action is taken under Sec.  52.64, the Board shall send 
a copy of the final decision to the applicant. The applicant may inspect 
the permanent record of proceedings at Board offices.



Sec.  52.67  Reconsideration.

    (a) Reconsideration of an application for correction of a military 
record shall occur if an applicant requests it and the request meets the 
requirements set forth in paragraph (a)(1) or (a)(2) of this section.
    (1) An applicant presents evidence or information that was not 
previously considered by the Board and that could result in a 
determination other than that originally made. Such new evidence or 
information may only be considered if it could not have been presented 
to the Board prior to its original determination if the applicant had 
exercised reasonable diligence; or
    (2) An applicant presents evidence or information that the Board, or 
the Secretary as the case may be, committed legal or factual error in 
the original determination that could have resulted in a determination 
other than that originally made.
    (b) The Chair shall docket a request for reconsideration of a final 
decision if it meets the requirements of paragraph (a)(1) or (a)(2) of 
this section. If neither of these requirements is met, the Chair shall 
not docket such request.
    (c) The Board shall consider each application for reconsideration 
that has been docketed. None of the Board members who served on the 
Board that considered an applicant's original application for correction 
shall serve on the Board that decides the applicant's application upon 
reconsideration.
    (d) Action by the Board on a docketed application for 
reconsideration is subject to Sec. Sec.  52.26 and 52.64(b).
    (e) An applicant's request for reconsideration must be filed within 
two years after the issuance of a final decision, except as otherwise 
required by law. If the Chair dockets an applicant's request for 
reconsideration, the two-year requirement may be waived if the

[[Page 133]]

Board finds that it would be in the interest of justice to consider the 
request despite its untimeliness.



        Subpart H_Payment of Claims and Implementation of Orders



Sec.  52.71  Authority to pay.

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



Sec.  52.72  Implementation of orders.

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



Sec.  52.73  Interpretation.

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



Sec.  52.74  Report of settlement.

    When payment is made pursuant to the order of the Board, the Board 
may request the Coast Guard to notify it of the name of any person to 
whom payment was made and of the amount of the payment.



                  Subpart I_Public Access to Decisions



Sec.  52.81  Reading room and index.

    After deleting only so much personal information as is necessary to 
prevent an unwarranted invasion of privacy of the applicant or other 
persons mentioned in the final decision of the Board, a redacted copy of 
each final decision shall be indexed by subject and made available for 
review and copying at a public reading room. Final decisions created on 
or after November 1, 1996, shall be made available by electronic means. 
5 U.S.C. 552.



PART 53_COAST GUARD WHISTLEBLOWER PROTECTION--Table of Contents



Sec.
53.1 Purpose.
53.3 Applicability.
53.5 Definitions.
53.7 Requirements.
53.9 Responsibilities.
53.11 Procedures.

    Authority: 10 U.S.C. 1034; Pub. L. 100-456, 102 Stat. 1918; Pub. L. 
101-225, 103 Stat. 1908; Pub. L. 107-296, 116 Stat. 2135.

    Source: 56 FR 13405, Apr. 2, 1991, unless otherwise noted.



Sec.  53.1  Purpose.

    This part:
    (a) Establishes policy and implements section 1034 of title 10 of 
the

[[Page 134]]

United States Code to provide protection against reprisal to members of 
the Coast Guard for making a protected communication to a Member of 
Congress; an Inspector General; a member of a Department of Defense or 
Department of Homeland Security audit, inspection, investigation, or law 
enforcement organization (e.g., the Coast Guard Investigative Service); 
any person or organization in the chain of command; and any other person 
or organization designated pursuant to regulations or other established 
administrative procedures for such communications.
    (b) Assigns responsibilities and delegates authority for such 
protection and prescribes operating procedures.

[56 FR 13405, Apr. 2, 1991, as amended by USCG-2009-0239, 75 FR 79959, 
Dec. 21, 2010]



Sec.  53.3  Applicability.

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

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



Sec.  53.5  Definitions.

    As used in this part, the following terms shall have the meaning 
stated, except as otherwise provided:
    Board for Correction of Military Records of the Coast Guard. The 
Department of Homeland Security Board for Correction of Military Records 
of the Coast Guard (Board) is empowered under 10 U.S.C. 1552 to make 
corrections of Coast Guard military records. The Board is part of the 
Office of the General Counsel in the Office of the Secretary of Homeland 
Security.
    Chain of Command. The succession of commanding officers from a 
superior to a subordinate through which command is exercised; and the 
succession of officers, enlisted members, or civilian personnel through 
whom administrative control is exercised, including supervision and 
rating of performance.
    Corrective Action. Any action deemed necessary to make the 
complainant whole, changes in agency regulations or practices, and/or 
administrative or disciplinary action against offending personnel, or 
referral to the U.S. Attorney General or courtmartial convening 
authority of any evidence of criminal violation.
    Inspector General. The Inspector General in the Office of Inspector 
General of the Department of Homeland Security, or any other Inspector 
General, as appointed under the Inspector General Act of 1978.
    Judge Advocate. A commissioned officer of the Coast Guard designated 
for the special duty of law.
    Member of the Coast Guard. Any past or present Coast Guard uniformed 
personnel, officer or enlisted, regular or reserve. This definition 
includes cadets of the Coast Guard Academy.
    Member of Congress. In addition to a Representative or a Senator, 
the term includes any Delegate or Resident Commissioner to Congress.
    Personnel Action. Any action taken regarding a member of the Coast 
Guard that adversely affects or has the potential to adversely affect 
the member's position or his or her career. Such actions include, but 
are not limited to, a disciplinary or other corrective action; a 
transfer or reassignment; a performance evaluation; or a decision 
concerning a promotion, pay, benefits, awards, or training.
    Protected Communication. Any lawful communication to a Member of 
Congress or an Inspector General; or a communication in which a member 
of the Coast Guard communicates information that the member reasonably 
believes evidences a violation of law or regulation (including sexual 
harassment or discrimination), gross mismanagement, a gross waste of 
funds or other resources, an abuse of authority, or a substantial and 
specific danger to public health or safety, when such communication is 
made to any of the following: A Member of Congress; an Inspector 
General; a member of a Department of Defense or Department of Homeland 
Security audit, inspection, investigation, or law enforcement 
organization (e.g., the Coast Guard Investigative Service); any person 
or organization in the chain of command; and any other person or 
organization designated pursuant to regulations or

[[Page 135]]

other established administrative procedures to receive such 
communications.
    Reprisal. Taking or threatening to take an unfavorable personnel 
action, or withholding or threatening to withhold a favorable personnel 
action, against a member of the Coast Guard for making or preparing to 
make a protected communication.
    Secretary. The Secretary of Homeland Security or his or her 
delegate.

[56 FR 13405, Apr. 2, 1991, as amended by USCG-2003-14505, 68 FR 9535, 
Feb. 28, 2003; USCG-2009-0239, 75 FR 79959, Dec. 21, 2010]



Sec.  53.7  Requirements.

    (a) No person within the Department of Homeland Security may 
restrict a member of the Coast Guard from lawfully communicating with a 
Member of Congress or an Inspector General.
    (b) A member of the Coast Guard shall be free from reprisal for 
making or preparing to make a protected communication.
    (c) Any employee or member of the Coast Guard who has the authority 
to take, direct others to take, or recommend or approve any personnel 
action shall not, under such authority, take, withhold, threaten to 
take, or threaten to withhold a personnel action regarding any member of 
the Coast Guard in reprisal for making or preparing to make a protected 
communication.

[56 FR 13405, Apr. 2, 1991, as amended by USCG-2003-14505, 68 FR 9535, 
Feb. 28, 2003; USCG-2009-0239, 75 FR 79959, Dec. 21, 2010]



Sec.  53.9  Responsibilities.

    (a) The Inspector General, Department of Homeland Security shall:
    (1) Expeditiously determine whether there is sufficient evidence to 
warrant an investigation of an allegation that a personnel action has 
been taken, withheld, or threatened in reprisal for making or preparing 
to make a protected communication. No investigation is required when 
such allegation is submitted more than 60 days after the Coast Guard 
member became aware of the personnel action that is the subject of the 
allegation.
    (2) If such investigation is warranted, initiate a separate 
investigation of the information the Coast Guard member reasonably 
believes evidences wrongdoing if a prior investigation has not already 
been initiated, or if the prior investigation was biased or inadequate.
    (3) Complete the investigation of the allegation of reprisal and 
issue a report not later than 180 days after receipt of the allegation, 
which shall include a thorough review of the facts and circumstances 
relevant to the allegation, the relevant documents acquired during the 
investigation, and summaries of interviews conducted. The Inspector 
General may forward a recommendation as to the disposition of the 
complaint.
    (4) Submit a copy of the investigation report to the Secretary of 
the Department of Homeland Security and to the Coast Guard member making 
the allegation not later than 30 days after the completion of the 
investigation. In the copy of the report transmitted to the member, the 
Inspector General shall ensure the maximum disclosure of information 
possible, with the exception of information that is not required to be 
disclosed under 5 U.S.C. 552. However, the copy transmitted to the 
member need not contain summaries of interviews conducted, nor any 
document acquired, during the course of the investigation. Such items 
shall be transmitted to the member, if the member requests the items, 
with the copy of the report or after the transmittal to the member of 
the copy of the report, regardless of whether the request for those 
items is made before or after the copy of the report is transmitted to 
the member.
    (5) If a determination is made that the report cannot be issued 
within 180 days of receipt of the allegation, notify the Secretary and 
the Coast Guard member making the allegation of the reasons why the 
report will not be submitted within that time, and state when the report 
will be submitted.
    (6) At the request of the Board, submit a copy of the investigative 
report to the Board.
    (b) The Board shall, in accordance with its regulations (33 CFR part 
52):
    (1) Consider under 10 U.S.C. 1552 and 33 CFR part 52 an application 
for the correction of records made by a Coast Guard member who has filed 
a timely complaint with the Inspector General alleging that a personnel 
action was

[[Page 136]]

taken in reprisal for making or preparing to make a protected 
communication. This may include oral argument, examining and cross-
examining witnesses, taking depositions, and conducting an evidentiary 
hearing at the Board's discretion.
    (2) Review the report of any investigation by the Inspector General 
into the Coast Guard member's allegation of reprisal.
    (3) As deemed necessary, request the Inspector General to gather 
further evidence and issue a further report to the Board.
    (4) Issue a final decision concerning the application for the 
correction of military records under this part not later than 180 days 
after receipt of a complete application.
    (c) If the Board elects to hold an administrative hearing, the Coast 
Guard member may be represented by a Judge Advocate if:
    (1) The Inspector General, in the report of the investigation, finds 
there is probable cause to believe that a personnel action was taken, 
withheld, or threatened in reprisal for the Coast Guard member making or 
preparing to make a protected communication;
    (2) The Chief Counsel of the Coast Guard (who may also be serving as 
the Judge Advocate General of the Coast Guard) determines that the case 
is unusually complex or otherwise requires the assistance of a Judge 
Advocate to ensure proper presentation of the legal issues in the case; 
and
    (3) The Coast Guard member is not represented by outside counsel 
chosen by the member.
    (d) If the Board elects to hold an administrative hearing, the Board 
must ensure that the Coast Guard member may examine witnesses through 
deposition, serve interrogatories, and request the production of 
evidence, including evidence in the Inspector General investigatory 
record but not included in the report released to the member.
    (e) If the Board determines that a personnel action was taken, 
withheld, or threatened as a reprisal for a Coast Guard member making or 
preparing to make a protected communication, the Board may forward its 
recommendation to the Secretary of the Department of Homeland Security 
for appropriate administrative or disciplinary action against the 
individual or individuals found to have taken, withheld, or threatened a 
personnel action as a reprisal, and direct any appropriate correction of 
the member's records.
    (f) The Board shall notify the Inspector General of the Board's 
decision concerning an application for the correction of military 
records of a Coast Guard member who alleged reprisal for making or 
preparing to make a protected communication, and of any recommendation 
to the Secretary of the Department of Homeland Security for appropriate 
administrative or disciplinary action against the individual or 
individuals found to have taken, withheld, or threatened a personnel 
action as a reprisal.
    (g) When reprisal is found, the Secretary shall ensure that 
appropriate corrective action is taken.

[56 FR 13405, Apr. 2, 1991, as amended by USCG-2003-14505, 68 FR 9535, 
Feb. 28, 2003; USCG-2009-0239, 75 FR 79960, Dec. 21, 2010]



Sec.  53.11  Procedures.

    (a) Any member of the Coast Guard who reasonably believes a 
personnel action was taken, withheld, or threatened in reprisal for 
making or preparing to make a protected communication may file a 
complaint with the Department of Homeland Security Inspector General 
Hotline at 1-800-323-8603. Such a complaint may be filed: By letter 
addressed to the Department of Homeland Security, Office of Inspector 
General, Hotline, Washington, DC 20528; By faxing the complaint to 202-
254-4292; or by e-mailing [email protected].
    (b) The complaint should include the name, address, and telephone 
number of the complainant; the name and location of the activity where 
the alleged violation occurred; the personnel action taken, withheld, or 
threatened that is alleged to be motivated by reprisal; the name(s) of 
the individual(s) believed to be responsible for the personnel action; 
the date when the alleged reprisal occurred; and any information that 
suggests or evidences a connection between the protected communication 
and reprisal. The complaint should also include a description

[[Page 137]]

of the protected communication, including a copy of any written 
communication and a brief summary of any oral communication showing the 
date of communication, the subject matter, and the name of the person or 
official to whom the communication was made.
    (c) A member of the Coast Guard who alleges reprisal for making or 
preparing to make a protected communication may submit an application 
for the correction of military records to the Board, in accordance with 
regulations governing the Board. See 33 CFR part 52.
    (d) An application submitted under paragraph (c) of this section 
shall be considered in accordance with regulations governing the Board. 
See 33 CFR part 52.

[56 FR 13405, Apr. 2, 1991, as amended by USCG-2009-0239, 75 FR 79960, 
Dec. 21, 2010]



PART 54_ALLOTMENTS FROM ACTIVE DUTY PAY FOR CERTAIN SUPPORT OBLIGATIONS
--Table of Contents



Sec.
54.01 Purpose.
54.03 Persons authorized to give notices.
54.05 Form and contents of notice.
54.07 Service of notice upon designated Coast Guard official.

    Authority: 42 U.S.C. 665(c).

    Source: CGD 82-109, 48 FR 4285, Jan. 31, 1983, unless otherwise 
noted.



Sec.  54.01  Purpose.

    This part prescribes procedures for State officials to notify the 
Coast Guard that a member on active duty is delinquent in meeting an 
obligation for child support alone, or both child and spousal support, 
in an amount equal to the support payable for two months or longer. 
Under 42 U.S.C. 665, an allotment may be taken from the pay and 
allowances of the member in this situation.



Sec.  54.03  Persons authorized to give notices.

    For the purpose of instituting an allotment under this part, notice 
that a Coast Guard member is delinquent in meeting support obligations 
may be given by:
    (a) Any agent or attorney of any State having in effect a plan 
approved under Part D of Title IV of the Social Security Act (42 U.S.C. 
651-664), who has the duty or authority to seek recovery of any amounts 
owed as child or child and spousal support, including any official of a 
political subdivision when authorized under a State plan.
    (b) The court that has authority to issue an order against the 
member for the support and maintenance of a child, or any agent of that 
court.



Sec.  54.05  Form and contents of notice.

    (a) The notice required to institute an allotment under this part 
must be given in the form of a court order, letters, or other document 
issued by a person specified in Sec.  54.03.
    (b) The notice must:
    (1) Provide the full name, social security number, and duty station 
of the member who owes the support obligation;
    (2) Specify the amount of support due, and the period in which it 
has remained owing;
    (3) Be accompanied by a certified copy of an order directing the 
payment of this support issued:
    (i) By a court of competent jurisdiction, or;
    (ii) In accordance with an administrative procedure which is 
established by State law, affords substantial due process, and is 
subject to judicial review;
    (4) Provide the full name, social security number, and mailing 
address of the person to whom the allotment is to be paid;
    (5) Identify the period in which the allotment is to remain in 
effect; and
    (6) Identify the name and birth date of all children for whom 
support is to be provided under the allotment.
    (c) Each notice must be accompanied by the following information:
    (1) For each administrative order, a copy of all provisions of state 
law governing its issuance.
    (2) For each court order and for each administrative order, if not 
stated in the support order:
    (i) An explanation as to how personal jurisdiction was obtained over 
the member; and

[[Page 138]]

    (ii) A statement on the age of majority in the state law, with 
appropriate legal citations.



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

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

[CGD 82-109, 48 FR 4285, Jan. 31, 1983, as amended by CGD 88-052, 53 FR 
25119, July 1, 1988; CGD 97-023, 62 FR 33362, June 19, 1997; USCG-2001-
9286, 66 FR 33639, June 25, 2001]



PART 55_CHILD DEVELOPMENT SERVICES--Table of Contents



                            Subpart A_General

Sec.
55.1 Purpose.
55.3 Who is covered by this part?
55.5 Who is eligible for child development services?
55.7 Definitions.
55.9 Child development centers.
55.11 How are child development center fees established?
55.13 Family child care providers.

    Authority: 14 U.S.C. 515.

    Source: USCG-1998-3821, 64 FR 6528, Feb. 10, 1999, unless otherwise 
noted.



                            Subpart A_General



Sec.  55.1  Purpose.

    This subpart implements 46 U.S.C. 515, which provides for Coast 
Guard Child Development Services.



Sec.  55.3  Who is covered by this subpart?

    This subpart applies to all Coast Guard installations.



Sec.  55.5  Who is eligible for child development services?

    Coast Guard members and civilian Coast Guard employees are eligible 
for the child developmental services described in this subpart. As space 
is available, members of the other Armed Forces and other Federal 
civilian employees are also eligible.



Sec.  55.7  Definitions.

    As used in this subpart--
    Child development center means a facility located on a Coast Guard 
installation that offers, on a regularly scheduled basis, developmental 
services designed to foster social, emotional, physical, creative, and 
intellectual growth to groups of children.
    Child development services means developmental services provided at 
a child development center or by a family child care provider at his or 
her Coast Guard-owned or -leased home.
    Coast Guard family child care provider means a Coast Guard family 
member, 18 years of age or older, who provides child care for 10 hours 
or more per week per child to one but no more than six children, 
including the provider's own children under the age of eight, on a 
regular basis in his or her Coast Guard-owned or -leased housing.
    Coast Guard family child care services means child care provided on 
a regularly scheduled basis for 10 hours or more a week by an individual 
certified by the Coast Guard and who resides in Coast Guard-controlled 
housing.
    Command means the Commanding Officer of one or more units of 
personnel in a limited geographic area with responsibility for a child 
development center.
    Family child care means child care provided in the home of a 
provider, either a Coast Guard family child care provider or a family 
home day care provider.
    Family home day care provider means an individual 18 years of age or 
older who is licensed by the state agency that regulates child care. 
This person provides child care to one but to no more than six children, 
including the provider's own children under the age of eight, on a 
regular basis in his or her residence.
    Geographic cost of living allowance means the adjustment in basic 
pay related to higher living costs in certain geographic areas.
    Total family income means the earned income for adult members of the 
household including wages, salaries, tips, long-term disability benefits 
received by a family, incentive and special pay for service or anything 
else of

[[Page 139]]

value, even if not taxable, that was received for providing services. 
Also included is Basic Allowance for Housing and Basic Allowance for 
Subsistence authorized for the pay grade of military personnel, whether 
the allowance is received in cash or in-kind. Total Family Income does 
not include: the geographic cost of living allowance; alimony and child 
support; temporary duty allowances or reimbursements for educational 
expenses; veterans benefits; workers compensation benefits; and, 
unemployment compensation. These are to be excluded from total family 
income.
    Uneconomical and inefficient means that the fees collected from 
parents can not be used in a manner that provides a quality program at 
an affordable cost to parents using the child care services.



Sec.  55.9  Child development centers.

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



Sec.  55.11  How are child development center fees established?

    (a) Fees for the provision of services at child development centers 
shall be set by each Command with responsibility for a center-based 
program, according to the following total family income chart:

                           Total Family Income

$0 to $23,000
$23,001 to $34,000
$34,001 to $44,000
$44,001 to $55,000
Over $55,000

    (b) Fees for the provision of services at Coast Guard child 
development centers shall be used only for compensation for employees at 
those centers who are directly involved in providing child care, unless 
it is uneconomical and inefficient. If uneconomical and inefficient, 
then the fees may be used for:
    (1) The purchase of consumable or disposable items for Coast Guard 
child development centers; and
    (2) If the requirements of such centers for consumable or disposable 
items for a given fiscal year have been met, for other expenses of those 
centers.



Sec.  55.13  Family child care providers.

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

[[Page 140]]



                     SUBCHAPTER C_AIDS TO NAVIGATION



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

                           PART 60 [RESERVED]



PART 62_UNITED STATES AIDS TO NAVIGATION SYSTEM--Table of Contents



                            Subpart A_General

Sec.
62.1 Purpose.
62.3 Definition of terms.
62.5 Marking of marine parades and regattas.

              Subpart B_The U.S. Aids to Navigation System

62.21 General.
62.23 Beacons and buoys.
62.25 Lateral marks.
62.27 Safe water marks.
62.29 Isolated danger marks.
62.31 Special marks.
62.32 Inland waters obstruction mark.
62.33 Information and regulatory marks.
62.35 Mooring buoys.
62.37 Lighthouses.
62.41 Ranges.
62.43 Numbers and letters.
62.45 Light characteristics.
62.47 Sound signals.
62.49 Intracoastal Waterway identification.
62.51 Western Rivers Marking System.
62.52 Automatic Identification System Aids to Navigation (AIS AtoN).
62.53 Racons.
62.54 Ownership identification.

Subpart C [Reserved]

     Subpart D_Public Participation in the Aids to Navigation System

62.63 Recommendations.
62.65 Procedure for reporting defects and discrepancies.

    Authority: 14 U.S.C. 85; 33 U.S.C. 1222, 1233; 43 U.S.C. 1333; 
Department of Homeland Security Delegation No. 0170.1.

    Source: CGD 86-031, 52 FR 42640, Nov. 6, 1987, unless otherwise 
noted.



                            Subpart A_General



Sec.  62.1  Purpose.

    (a) The Coast Guard administers the U.S. Aids to Navigation System. 
The system consists of Federal aids to navigation operated by the Coast 
Guard, aids to navigation operated by the other armed services, and 
private aids to navigation operated by other persons.
    (b)(1) This part describes the general characteristics of the U.S. 
Aids to Navigation System, and the details, policies and procedures 
employed by the Coast Guard in establishing, maintaining, operating, 
changing or discontinuing Federal aids to navigation. Regulations 
concerning the marking of wrecks, structures, and other obstructions are 
found in 33 CFR part 64. Regulations concerning private aids are found 
in 33 CFR part 66. Regulations concerning the marking of artificial 
islands and structures which are erected on or over the seabed and 
subsoil of the Outer Continental Shelf of the United States or its 
possessions are found in 33 CFR part 67. Regulations concerning the 
marking of bridges are found in 33 CFR part 118. Regulations concerning 
aids to navigation at deepwater ports are found in subchapter NN of this 
chapter.
    (2) The regulations found in 33 CFR subpart 66.10 expire on December 
31, 2003, at which time the provisions of this part will apply.
    (c) The Coast Guard maintains systems of marine aids to navigation 
consisting of visual, audible, and electronic signals which are designed 
to assist the prudent mariner in the process of navigation. The aids to 
navigation system is not intended to identify every shoal or obstruction 
to navigation which exists in the navigable waters of the United States, 
but rather provides for reasonable marking of marine features as 
resources permit. The primary objective of the aids to navigation system 
is to mark navigable channels and waterways, obstructions adjacent to 
these waterways, and obstructions in areas of general navigation which 
may not be anticipated. Other waters, even if navigable, are generally 
not marked.

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

[[Page 141]]



Sec.  62.3  Definition of terms.

    Certain terms as used in this subchapter are defined as follows:
    (a) Aid to Navigation. The term aid to navigation means any device 
external to a vessel or aircraft intended to assist a navigator to 
determine position or safe course, or to warn of dangers or obstructions 
to navigation.
    (b) Commerce. The term commerce, in addition to general, national 
and international trade and commerce of the United States, includes 
trade and travel by seasonal passenger craft (marine and air), yachts, 
houseboats, fishing boats, motor boats, and other craft, whether or not 
operated for hire or profit.
    (c) Commandant. The term Commandant means the Commandant of the 
Coast Guard.
    (d) District Commander. The term District Commander means the 
commander of a Coast Guard District. Coast Guard Districts are listed in 
Part 3 of this chapter.
    (e) Corps of Engineers. The term Corps of Engineers means the Corps 
of Engineers, Department of the Army.
    (f) Person. The term person imparts both singular or plural, as the 
case demands, and includes any Federal Agency, State, Territory, 
possession, or public subdivision thereof, the District of Columbia, and 
any corporation, company, association, club, or other instrumentality.
    (g) Navigable waters of the United States. The term navigable waters 
of the United States is defined in Sec.  2.36(a) of this chapter.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by USCG-2001-9044, 68 
FR 42601, July 18, 2003]



Sec.  62.5  Marking of marine parades and regattas.

    (a) The Coast Guard may establish aids to navigation to mark marine 
parades and regattas which are regulated by the Coast Guard for the 
purpose of protecting life and property, or to assist in the observance 
and enforcement of special regulations. For marine parade and regatta 
regulations, see Part 100 of this chapter.
    (b) [Reserved]



              Subpart B_The U.S. Aids to Navigation System



Sec.  62.21  General.

    (a) The navigable waters of the United States and non-navigable 
State waters after December 31, 2003, are marked to assist navigation 
using the U.S. Aids to Navigation System, a system consistent with the 
International Association of Lighthouse Authorities (IALA) Maritime 
Buoyage System. The IALA Maritime Buoyage System is followed by most of 
the world's maritime nations and will improve maritime safety by 
encouraging conformity in buoyage systems worldwide. IALA buoyage is 
divided into two regions made up of Region A and Region B. All navigable 
waters of the United States follow IALA Region B, except U.S. 
possessions west of the International Date Line and south of 10 degrees 
north latitude, which follow IALA Region A. Lateral aids to navigation 
in Region A vary from those described throughout this Subpart. Non-
lateral aids to navigation are the same as those used in Region B. See 
Sec.  62.25. Appropriate nautical charts and publications should be 
consulted to determine whether the Region A or Region B marking schemes 
are in effect for a given area.
    (b) The U.S. Aids to Navigation System is designed for use with 
nautical charts. Nautical charts portray the physical features of the 
marine environment, including soundings and other submarine features, 
landmarks, and other aids necessary for the proper navigation of a 
vessel. This crucial information cannot be obtained from other sources, 
even ones such as topographic maps, aeronautical charts, or atlases. The 
exact meaning of an aid to navigation may not be clear to the mariner 
unless the appropriate chart is consulted, as the chart illustrates the 
relationship of the individual aid to navigation to channel limits, 
obstructions, hazards to navigation, and to the total aids to navigation 
system.
    (c) The navigator should maintain and consult suitable publications 
and instruments for navigation depending on the vessel's requirements. 
This shipboard equipment is separate from the aids to navigation system, 
but is often

[[Page 142]]

essential to its use. The following publications are available from the 
U.S. Government to assist the navigator:
    (1) The Light List, published by the Coast Guard and available for 
viewing on the Coast Guard Navigation Center Web site at http://
www.navcen.uscg.gov lists federal and private aids to navigation. It 
includes all major Federal aids to navigation and those private aids to 
navigation that have been deemed to be important to general navigation, 
and includes a physical description of these aids and their locations.
    (2) The United States Coast Pilot, published by the National Ocean 
Service and available from NOAA Certified Printer Partners listed at 
http://www.nauticalcharts.noaa.gov/mcd/NOAAChartViewer.html. Free on-
line versions and weekly updates supplement the information shown on 
nautical charts, and are available directly from NOAA at http://
www.nauticalcharts.noaa.gov/nsd/cpdownload.htm. Subjects such as local 
navigation regulations, channel and anchorage peculiarities, dangers, 
climatalogical data, routes, and port facilities are covered.
    (3) Local Notices to Mariners are published by local Coast Guard 
District Commanders. Persons may view Local Notices to Mariners on the 
Coast Guard Navigation Center Web site at http://www.navcen.uscg.gov. 
Changes to aids to navigation, reported dangers, scheduled construction 
or other disruptions, chart corrections and similar useful marine 
information is made available through this publication.
    (4) The Notice to Mariners is a national publication, similar to the 
Local Notice to Mariners, published by the National Geospatial-
Intelligence Agency. The notices may be viewed on the National 
Geospatial-Intelligence Agency's Web site at http://msi.nga.mil/
NGAPortal/MSI.portal. This publication provides oceangoing vessels 
significant information on national and international navigation and 
safety.
    (5) The mariner should also listen to Coast Guard Broadcast Notices 
to Mariners. These broadcasts update the Local Notice to Mariners with 
more timely information. Mariners should monitor VHF-FM channel 16 to 
locate Coast Guard Marine Information Broadcasts.
    (d) The U.S. Aids to Navigation System is primarily a lateral system 
which employs a simple arrangement of colors, shapes, numbers, and light 
characteristics to mark the limits of navigable routes. This lateral 
system is supplemented by nonlateral aids to navigation where 
appropriate.
    (e) Generally, lateral aids to navigation indicate on which side of 
a vessel an aid to navigation should be passed when the vessel is 
proceeding in the Conventional Direction of Buoyage. Normally, the 
Conventional Direction of Buoyage is the direction in which a vessel 
enters navigable channels from seaward and proceeds towards the head of 
navigation. In the absence of a route leading from seaward, the 
Conventional Direction of Buoyage generally follows a clockwise 
direction around land masses. For example, proceeding southerly along 
the Atlantic Coast, from Florida to Texas along the Gulf Coast, and 
northerly along the Pacific Coast are considered as proceeding in the 
Conventional Direction of Buoyage. In some instances, this direction 
must be arbitrarily assigned. Where doubt exists, the mariner should 
consult charts and other nautical publications.
    (f) Although aids to navigation are maintained to a reasonable 
degree of reliability, the rigors of the marine environment and various 
equipment failures do cause discrepancies on occasion.
    (g) The Coast Guard makes reasonable efforts to inform the navigator 
of known discrepancies, and to correct them within a reasonable period 
of time, depending upon resources available. Occasionally, a temporary 
aid to navigation, which provides different but similar service, is 
deployed until permanent repairs can be made to the original aid. 
Notification of such temporary changes is made through the notice to 
mariners system.
    (h) Mariners should exercise caution when using private aids to 
navigation because private aids are often established to serve the needs 
of specific users rather than general navigation and their purpose may 
not be obvious to casual users; and, discrepancies to

[[Page 143]]

private aids are often detected, reported, and corrected less promptly 
than discrepancies to Coast Guard aids to navigation.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD 88-018, 54 FR 
48608, Nov. 24, 1989; CGD 97-018, 63 FR 33573, June 19, 1998; USCG-2001-
9286, 66 FR 33640, June 25, 2001; USCG-2015-0433, 80 FR 44279, July 27, 
2015]



Sec.  62.23  Beacons and buoys.

    (a) Aids to navigation are placed on shore or on marine sites to 
assist a navigator to determine his position or safe course. They may 
mark limits of navigable channels, or warn of dangers or obstructions to 
navigation. The primary components of the U.S. Aids to Navigation System 
are beacons and buoys.
    (b) Beacons are aids to navigation structures which are permanently 
fixed to the earth's surface. They range from large lighthouses to 
small, single-pile structures and may be located on land or in the 
water. Lighted beacons are called lights; unlighted beacons are called 
daybeacons.
    (1) Beacons exhibit a daymark. For small structures these are 
colored geometric shapes which make an aid to navigation readily visible 
and easily identifiable against background conditions. Generally, the 
daymark conveys to the mariner, during daylight hours, the same 
significance as does the aid's light or reflector at night. The daymark 
of large lighthouses and towers, however, consists of the structure 
itself. As a result, these daymarks do not infer lateral significance.
    (2) Vessels should not pass beacons close aboard due to the danger 
of collision with rip-rap or structure foundations, or the obstruction 
or danger that the aid marks.
    (c) Buoys are floating aids to navigation used extensively 
throughout U.S. waters. They are moored to the seabed by sinkers with 
chain or other moorings of various lengths.
    (1) The daymark of a buoy is the color and shape of the buoy and, if 
so equipped, of the topmark.
    (i) Can buoys have a cylindrical shape.
    (ii) Nun buoys have a tapered, conical shape.
    (iii) Pillar buoys have a wide cylindrical base supporting a 
narrower superstructure. They may be surmounted by colored shapes called 
topmarks.
    (iv) Spherical buoys have a round shape.
    (2) Mariners attempting to pass a buoy close aboard risk collision 
with a yawing buoy, the buoy's mooring, or with the obstruction which 
the buoy marks.
    (3) Mariners should not rely on buoys alone for determining their 
positions due to factors limiting their reliability. Prudent mariners 
will use bearings or angles from beacons or other landmarks, soundings, 
and various methods of electronic navigation. Buoys vary in reliability 
because:
    (i) Buoy positions represented on nautical charts are approximate 
positions only, due to practical limitations in positioning and 
maintaining buoys and their sinkers in precise geographical locations.
    (ii) Buoy moorings vary in length. The mooring lengths define a 
``watch circle'', and buoys can be expected to move within this circle. 
Actual watch circles do not coincide with the dots or circles 
representing them on charts.
    (iii) Buoy positions are normally verified during periodic 
maintenance visits. Between visits, environmental conditions, including 
atmospheric and sea conditions, and seabed slope and composition, may 
shift buoys off their charted positions. Also buoys may be dragged off 
station, sunk, or capsized by a collision with a vessel.

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



Sec.  62.25  Lateral marks.

    (a) Lateral marks define the port and starboard sides of a route to 
be followed. They may be either beacons or buoys.
    (b) Sidemarks are lateral marks which advise the mariner to stay to 
one side of the mark. Their most frequent use is to mark the sides of 
channels; however, they may be used individually to mark obstructions 
outside of clearly defined channels. Sidemarks are not always placed 
directly on a channel edge and may be positioned outside the channel as 
indicated on charts and nautical publications.

[[Page 144]]

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

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



Sec.  62.27  Safe water marks.

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

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



Sec.  62.29  Isolated danger marks.

    Isolated danger marks indicate an isolated danger which may be 
passed on all sides. As these marks are erected or moored on or near 
dangers, they should not be approached closely without special caution. 
These marks are colored black with one or more broad horizontal red 
bands and are equipped with a topmark of two black spheres, one above 
the other.

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



Sec.  62.31  Special marks.

    Special marks are not primarily intended to assist safe navigation, 
but to indicate special areas or features referred to in charts or other 
nautical publications. They may be used, for example, to mark 
anchorages, cable or pipeline areas, traffic separation schemes, 
military exercise zones, ocean data acquisition systems, etc. Special 
marks are colored solid yellow.



Sec.  62.32  Inland waters obstruction mark.

    (a) On inland waters designated by the Commandant as State waters in 
accordance with Sec.  66.05-5 of this chapter and on non-navigable 
internal waters of a State which have no defined head of navigation, a 
buoy showing alternate vertical black and white stripes may be used to 
indicate to a vessel operator that an obstruction to navigation extends 
from the nearest shore to the buoy.
    (b) The black and white buoy's meaning is ``do not pass between the 
buoy and the shore''. The number of white and black stripes is 
discretionary, provided that the white stripes are twice the width of 
the black stripes. Prior to December 31, 2003, this aid shall not be 
used on a waterway which has a red and white striped obstruction marker

[[Page 145]]

defined in Sec.  66.10-15(e)(3) of this chapter, unless all obstruction 
markers are replaced.

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



Sec.  62.33  Information and regulatory marks.

    (a) Information and Regulatory Marks are used to alert the mariner 
to various warnings or regulatory matters. These marks have orange 
geometric shapes against a white background. The meanings associated 
with the orange shapes are as follows:
    (1) A vertical open-faced diamond signifies danger.
    (2) A vertical diamond shape having a cross centered within 
indicates that vessels are excluded from the marked area.
    (3) A circular shape indicates that certain operating restrictions 
are in effect within the marked area.
    (4) A square or rectangular shape will contain directions or 
instructions lettered within the shape.
    (b) When a buoy is used as an information or regulatory mark it 
shall be white with two horizontal orange bands placed completely around 
the buoy circumference. One band shall be near the top of the buoy body, 
with a second band placed just above the waterline of the buoy so that 
both bands are clearly visible.

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



Sec.  62.35  Mooring buoys.

    Mooring Buoys are white with a blue horizontal band. This 
distinctive color scheme is recommended to facilitate identification and 
to avoid confusion with aids to navigation.



Sec.  62.37  Lighthouses.

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



Sec.  62.41  Ranges.

    Ranges are aids to navigation systems employing dual beacons which, 
when the structures appear to be in line, assist the mariner in 
maintaining a safe course. The appropriate nautical chart must be 
consulted when using ranges to determine whether the range marks the 
centerline of the navigable channel and also to ascertain what section 
of the range may be safety traversed. Ranges are generally, but not 
always, lighted, and display rectangular daymarks of various colors.

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



Sec.  62.43  Numbers and letters.

    (a) All solid red and solid green aids are numbered, with red aids 
bearing even numbers and green aids bearing odd numbers. The numbers for 
each increase in the Conventional Direction of Buoyage. Numbers are kept 
in approximately sequence on both sides of the channel by omitting 
numbers where necessary.
    (b) Only sidemarks are numbered. However, aids other than those 
mentioned above may be lettered to assist in their identification, or to 
indicate their purpose. Sidemarks may carry letters in addition to 
numbers to identify the first aid to navigation in a waterway, or when 
new aids to navigation are added to channels with previously completed 
numerical sequences. Letters on sidemarks will follow alphabetical order 
from seaward and proceeding toward the Conventional Direction of Buoyage 
and will be added to numbers as suffixes.
    (c) Aids to navigation may be fitted with light-reflecting material 
to increase their visibility in darkness. The colors of this material 
may convey the same significance as the aid except that letters and 
numbers may be white.
    (d) Exceptions to the provisions of this section will be found on 
the Western Rivers System. See Sec.  62.51.
    (e) The guidelines for the display of numbers and letters on aids to 
navigation are identical for both Region A and Region B; red aids to 
navigation

[[Page 146]]

display even numbers, and green aids display odd numbers.

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



Sec.  62.45  Light characteristics.

    (a) Lights on aids to navigation are differentiated by color and 
rhythm. Lighthouses and range lights may display distinctive light 
characteristics to facilitate recognition. No special significance 
should be attached to the color or rhythm of such lights. Other lighted 
aids to navigation employ light characteristics to convey additional 
information.
    (b) When proceeding in the Conventional Direction of Buoyage, aids 
to navigation, if lighted, display light characteristics as follows:
    (1) Green lights mark port (left) sides of channels and locations of 
wrecks or obstructions which are to be passed by keeping these lights on 
the port (left) hand of a vessel. Green lights are also used on 
Preferred Channel Marks where the topmost band is green.
    (2) Red lights mark starboard (right) sides of channels and 
locations of wrecks or obstructions which are to be passed by keeping 
these lights on the starboard (right) hand of a vessel. Red lights are 
also used on Preferred Channel Marks where the topmost band is red.
    (3) Certain lights marking the Intracoastal Waterway may display 
reversed lateral significance. See Sec.  62.49.
    (c) Yellow lights have no lateral significance. Except on the 
Western Rivers, see Sec.  62.51, white lights have no lateral 
significance. The purpose of aids exhibiting white or yellow lights may 
be determined by their shape, color, letters or numbers, and the light 
rhythm employed.
    (d) Light rhythms, except as noted in Sec.  62.51 for the Western 
Rivers, are employed as follows:
    (1) Aids with lateral significance display regularly flashing or 
regularly occulting light rhythms. Ordinarily, flashing lights 
(frequency not exceeding 30 flashes per minute) will be used.
    (2) Preferred Channel Marks display a composite group flashing light 
rhythm (groups of two flashes followed by one flash).
    (3) Safe Water Marks display a white Morse Code ``A'' rhythm (short-
long flash).
    (4) Isolated Danger Marks display a white group flashing two.
    (5) Special Marks display yellow lights with fixed or slow flashing 
rhythm preferred.
    (6) Mooring Buoys and Information and Regulatory Marks display white 
lights of various rhythms.
    (7) For situations where lights require a distinct cautionary 
significance, as at sharp turns, sudden channel constrictions, wrecks, 
or obstructions, a quick flashing light rhythm (60 flashes per minute) 
may be used.
    (e) Occasionally lights use sectors to mark shoals or warn mariners 
of other dangers. Lights so equipped show one color from most directions 
and a different color or colors over definite arcs of the horizon as 
indicated on the appropriate nautical chart. These sectors provide 
approximate bearing information since the observer should note a change 
of color as the boundary between the sectors is crossed. As sector 
bearings are not precise, they should be considered a warning only and 
not used to determine exact bearing to the light.
    (f) Aids to navigation may be fitted with light-reflecting material 
to increase their visibility in darkness. Green or red reflective 
material is used only on marks which, if lighted, would exhibit a light 
of that color. Yellow reflective material is used on special marks and 
on Intracoastal Waterway marks. No significance is attached to white 
reflective material.

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



Sec.  62.47  Sound signals.

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

[[Page 147]]

    (ii) Phase characteristics are defined by the signal's sound 
pattern, i.e., the number of blasts and silent periods per minute and 
their durations. Sound signals emanating from fixed structures generally 
produce a specific number of blasts and silent periods each minute when 
operating. Buoy sound signals are generally actuated by the motion of 
the sea and therefore do not emit a regular signal characteristic.
    (2) Where no live watch is maintained, sound signals are normally 
operated continuously. However, some are equipped with fog detectors 
which activate sound signals when visibility falls below a predetermined 
limit.
    (b) Mariners should not rely solely on sound signals to determine 
their positions for the following reasons:
    (1) Distance cannot be accurately determined by sound intensity.
    (2) Occasionally sound signals may not be heard in areas close to 
their location.
    (3) Signals may not sound in cases where fog exists close to, but 
not at, the location of the sound signal.
    (4) As buoy signals are generally activated by sea motion, they may 
produce no signals when seas are calm.
    (5) As previously noted, buoy positions are not always reliable. 
Therefore their sound signals cannot be assumed to be emanating from a 
fixed position.



Sec.  62.49  Intracoastal Waterway identification.

    (a) In addition to the conventional signals, aids to navigation 
marking the Intracoastal Waterway exhibit unique yellow symbols to 
distinguish them from aids marking other waters.
    (1) Yellow triangles indicate that aids to navigation so marked 
should be passed keeping them on the starboard (right) hand of a vessel, 
regardless of the aid's number, color, or light color.
    (2) Yellow squares indicate that aids to navigation so marked should 
be passed keeping them on the port (left) hand of a vessel, regardless 
of the aid's number, color, or light color.
    (3) A horizontal yellow band provides no lateral information, but 
simply identifies aids to navigation as marking the Intracoastal 
Waterway.
    (b) The above guidelines apply for vessels traversing the 
Intracoastal Waterway in a southerly direction on the Atlantic Coast, in 
a westerly direction on the Okeechobee Waterway, or in a westerly 
direction along the Gulf Coast.

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



Sec.  62.51  Western Rivers Marking System.

    (a) A variation of the standard U.S. aids to navigation system 
described above is employed on the Mississippi River and tributaries 
above Baton Rouge, LA and on certain other rivers which flow toward the 
Gulf of Mexico.
    (b) The Western Rivers System varies from the standard U.S. system 
as follows:
    (1) Buoys are not numbered.
    (2) Numbers on beacons do not have odd/even lateral significance 
but, rather, indicate mileage from a fixed point (normally the river 
mouth).
    (3) Diamond-shaped non-lateral dayboards, checkered red-and-white or 
green-and-white, similar to those used in the U.S. Aids to Navigation 
System, as appropriate, are used as crossing dayboards where the river 
channel crosses from one bank to the other.
    (4) Lights on green buoys and on beacons with green daymarks show a 
single flash which may be green or white.
    (5) Lights on red buoys and on beacons with red daymarks show a 
double flash [Group Flashing (2)] which may be red or white.
    (6) Isolated danger marks are not used.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD-94-091, 61 FR 
27782, June 3, 1996; USCG-2001-9286, 66 FR 33640, June 25, 2001]



Sec.  62.52  Automatic Identification System Aids to Navigation (AIS AtoN).

    (a) Aids to Navigation (AtoN) may be enhanced by the use of an 
automatic identification system (AIS). AIS is a maritime navigation 
safety communications protocol standardized by the International 
Telecommunication Union and adopted by the International Maritime 
Organization for the broadcast or exchange of navigation information 
between vessels, aircraft, and shore stations. AIS AtoN can autonomously 
and at fixed intervals

[[Page 148]]

broadcast the name, position, dimensions, type, characteristics and 
status from or concerning an aid to navigation.
    (b) AIS AtoN can be either real (physically fitted to the AtoN), 
synthetic (physically fitted somewhere other than to the AtoN) or 
virtual (physically nonexistent, but capable of being portrayed on AIS-
capable displays).
    (c) AIS AtoN can also be used to broadcast both laterally (e.g., 
Port Hand Mark) and non-laterally significant marine safety information 
(e.g., environmental data, tidal information, and navigation warnings).

[USCG-2005-21869, 80 FR 5329, Jan. 30, 2015]



Sec.  62.53  Racons.

    (a) Aids to navigation may be enhanced by the use of radar beacons 
(racons). Racons, when triggered by a radar signal, will transmit a 
coded reply to the interrogating radar. This reply serves to identify 
the aid station by exhibiting a series of dots and dashes which appear 
on the radar display in a line emanating radially from just beyond the 
echo of the aid station. Although racons may be used on both laterally 
significant and non-laterally significant aids alike, the racon signal 
itself is for identification purposes only, and therefore carries no 
lateral significance.
    (b) Racons are also used as bridge marks to mark the best point of 
passage.



Sec.  62.54  Ownership identification.

    Ownership identification on private or state aids to navigation is 
permitted so long as it does not change or hinder an understanding of 
the meaning of the aid to navigation.

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

Subpart C [Reserved]



     Subpart D_Public Participation in the Aids to Navigation System



Sec.  62.63  Recommendations.

    (a) The public may recommend changes to existing aids to navigation, 
request new aids or the discontinuation of existing aids, and report 
aids no longer necessary for maritime safety. These recommendations 
should be sent to the appropriate District Commander.
    (b) Recommendations, requests and reports should be documented with 
as much information as possible to justify the proposed action. 
Desirable information includes:
    (1) Nature of the vessels which transit the area(s) in the question, 
including type, displacement, draft, and number of passengers and crew.
    (2) Where practicable, the kinds of navigating devices used aboard 
such vessels (e.g, magnetic or gyro compasses, radio direction finders, 
radar, loran, and searchlights).
    (3) A chartlet or sketch describing the actual or proposed location 
of the aid(s), and a description of the action requested or recommended.



Sec.  62.65  Procedure for reporting defects and discrepancies.

    (a) Mariners should notify the nearest Coast Guard facility 
immediately of any observed aids to navigation defects or discrepancies.
    (b) The Coast Guard cannot monitor the many thousands of aids in the 
U.S. Aids to Navigation System simultaneously and continuously. As a 
result, it is not possible to maintain every aid operating properly and 
on its charted position at all times. Marine safety will be enhanced if 
persons finding aids missing, sunk, capsized, damaged, off station, or 
showing characteristics other than those advertised in the Light List, 
or other publication, promptly inform the Coast Guard. When making the 
report to the Coast Guard the mariner should consult the Light List to 
ensure the correct geographical information is used due to the 
similarity of names and geographical areas.
    (c) Procedures for reporting defects and discrepancies:
    (1) Radio messages should be prefixed ``Coast Guard'' and 
transmitted directly to a Government shore radio station listed in 
Chapter three of Radio Navigation Aids Publication, 117, for relay to 
the relevant District Commander.

[[Page 149]]

    (2) Telephone, e-mail, or facsimile messages may also be used to 
advise the nearest Coast Guard unit of defects or discrepancies in aids 
to navigation.
    (3) Via our Web portal at http://www.navcen.uscg.gov.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by USCG-2000-7223, 65 
FR 40054, June 29, 2000; USCG-2001-9286, 66 FR 33640, June 25, 2001; 
USCG-2001-10714, 69 FR 24982, May 5, 2004; USCG-2008-0179, 73 FR 35002, 
June 19, 2008]



PART 64_MARKING OF STRUCTURES, SUNKEN VESSELS AND OTHER OBSTRUCTIONS
--Table of Contents



                            Subpart A_General

Sec.
64.01 Purpose.
64.03 Scope.
64.06 Definition of terms.

             Subpart B_Sunken Vessels and Other Obstructions

64.11 Marking, notification, and approval requirements.
64.13 Approval for waiver of markings.
64.16 Duration of marking on sunken vessels in navigable waters.

                          Subpart C_Structures

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

                   Subpart D_Miscellaneous Provisions

64.31 Determination of hazard to navigation.
64.33 Marking by the Coast Guard.

    Authority: 14 U.S.C. 633; 33 U.S.C. 409, 1231; 42 U.S.C. 9118; 43 
U.S.C. 1333; Department of Homeland Security Delegation No. 0170.1.

    Source: CGD 78-156, 48 FR 11267, Mar. 17, 1983, unless otherwise 
noted.



                            Subpart A_General

    Source: CGD 78-156, 48 FR 11267, Mar. 17, 1983, unless otherwise 
noted. Redesignated by CGD 91-031, 57 FR 43402, Sept. 21, 1992.



Sec.  64.01  Purpose.

    This part prescribes rules relating to the marking of structures, 
sunken vessels and other obstructions for the protection of maritime 
navigation.



Sec.  64.03  Scope.

    (a) Except as provided in paragraph (b) of this section these rules 
apply to:
    (1) Structures located in or over waters subject to the jurisdiction 
of the United States and, on the high seas, structures owned or operated 
by persons subject to the jurisdiction of the United States;
    (2) Sunken vessels in the navigable waters or waters above the 
continental shelf of the United States; and
    (3) Other obstructions existing on or in the navigable waters or 
waters above the continental shelf of the United States.
    (b) The following obstructions are exempt from the requirements of 
this part:
    (1) Dredging pipelines subject to Subchapter D of this chapter;
    (2) Bridges subject to Subchapter J of this chapter;
    (3) Vessels subject to the International Regulations for preventing 
Collisions at Sea, 1972 (1972 COLREGS) or the Inland Navigation Rules;
    (4) Deepwater port facilities subject to subchapter NN of this 
chapter; and
    (5) Artificial islands and structures subject to Part 67 of this 
subchapter.



Sec.  64.06  Definition of terms.

    As used in this part:
    Hazard to navigation means an obstruction, usually sunken, that 
presents sufficient danger to navigation so as to require expeditious, 
affirmative action such as marking, removal, or redefinition of a 
designated waterway to provide for navigational safety.
    High seas means those waters described in Sec.  2.32(c) of this 
chapter.
    Markings means the lights and other signals placed on or near 
structures, sunken vessels, and other obstructions for the protection of 
navigation.
    Navigable waters of the United States means those waters described 
in Sec.  2.36(a) of this chapter, specifically including the waters 
described in Sec.  2.22(a)(2) of this chapter.
    Obstruction means anything that restricts, endangers, or interferes 
with navigation.
    Structures means any fixed or floating obstruction, intentionally 
placed in the

[[Page 150]]

water, which may interfere with or restrict marine navigation.

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



             Subpart B_Sunken Vessels and Other Obstructions

    Source: CGD 78-156, 48 FR 11267, Mar. 17, 1983, unless otherwise 
noted. Redesignated by CGD 91-031, 57 FR 43402, Sept. 21, 1992.



Sec.  64.11  Marking, notification, and approval requirements.

    (a) The owner and/or operator of a vessel, raft, or other craft 
wrecked and sunk in a navigable channel must mark it immediately with a 
buoy or beacon during the day and with a light at night. The requirement 
to mark the vessel, raft, or other craft with a light at night may be 
waived by the District Commander pursuant to Sec.  64.13 of this 
subpart.
    (b) The owner and/or operator of a sunken vessel, raft, or other 
craft that constitutes a hazard to navigation must mark it in accordance 
with this subchapter.
    (c) The owner and/or operator of a sunken vessel, raft, or other 
craft must promptly report to the District Commander, in whose 
jurisdiction the vessel, raft, or other craft is located, the action 
they are taking to mark it. In addition to the information required by 
46 CFR 4.05, the reported information must contain--
    (1) Name and description of the sunken vessel, raft, or other craft, 
including type and size;
    (2) Accurate description of the location of the sunken vessel, raft, 
or other craft, including how the position was determined;
    (3) Water depth; and
    (4) Location and type of marking established, including color and 
shape of buoy or other beacon and characteristic of the light, if 
fitted.
    (d) The owner and/or operator of a vessel, raft, or other craft 
wrecked and sunk in waters subject to the jurisdiction of the United 
States or sunk on the high seas, if the owner is subject to the 
jurisdiction of the United States, must promptly report to the District 
Commander, in whose jurisdiction the obstruction is located, the action 
they are taking to mark it in accordance with this subchapter. The 
reported information must contain the information listed in paragraph 
(c) of this section, including the information required by 46 CFR 4.05.
    (e) Owners and/or operators of other obstructions may report the 
existence of such obstructions and mark them in the same manner as 
prescribed for sunken vessels.
    (f) Owners and/or operators of marine pipelines that are determined 
to be hazards to navigation must report and mark the hazardous portion 
of those pipelines in accordance with 49 CFR parts 192 or 195, as 
applicable.
    (g) All markings of sunken vessels, rafts, or crafts and other 
obstructions established in accordance with this section must be 
reported to and approved by the appropriate District Commander.
    (h) Should the District Commander determine that these markings are 
inconsistent with part 62 of this subchapter, the markings must be 
replaced as soon as practicable with approved markings.

[USCG-2012-0054, 78 FR 77590, Dec. 24, 2013]



Sec.  64.13  Approval for waiver of markings.

    (a) Owners and/or operators of sunken vessels, rafts or other craft 
sunk in navigable waters may apply to the District Commander, in whose 
jurisdiction the vessel, raft, or other craft is located, for a waiver 
of the requirement to mark them with a light at night as required under 
Sec.  64.11(a) of this subpart. Information on how to contact the 
District Commander is available at http://www.uscg.mil/top/units.
    (b) The District Commander may grant a waiver if it is determined 
that--
    (1) Marking the wrecked vessel, raft or other craft with a light at 
night would be impractical, and
    (2) The granting of such a waiver would not create an undue hazard 
to navigation.

[USCG-2012-0054, 78 FR 77590, Dec. 24, 2013]

[[Page 151]]



Sec.  64.16  Duration of marking on sunken vessels in navigable waters.

    Markings shall be maintained until:
    (a) The sunken vessel or other obstruction is removed; or
    (b) The right of the owner to abandon is legally established and 
exercised.

    Note: Notices of abandonment of sunken vessels or other obstructions 
will not be accepted by the Coast Guard. Any notice of intention to 
abandon should be addressed to the District Engineer, Corps of 
Engineers, U.S. Army, within whose district the sunken vessel or other 
obstruction is located.



                          Subpart C_Structures

    Source: CGD 78-156, 48 FR 11267, Mar. 17, 1983, unless otherwise 
noted. Redesignated by CGD 91-031, 57 FR 43402, Sept. 21, 1992.



Sec.  64.21  Marking and notification requirements.

    Before establishing a structure, the owner or operator shall apply 
for Coast Guard authorization to mark the structure in accordance with 
Sec.  66.01-5 of this chapter. The appropriate District Commander will 
determine the marking requirements.



Sec.  64.23  Duration of marking on structures.

    Markings determined to be required shall be established and 
maintained until:
    (a) The structure is removed; or
    (b) Otherwise directed by the District Commander.



                   Subpart D_Miscellaneous Provisions

    Source: CGD 78-156, 48 FR 11267, Mar. 17, 1983, unless otherwise 
noted. Redesignated by CGD 91-031, 57 FR 43402, Sept. 21, 1992.



Sec.  64.31  Determination of hazard to navigation.

    In determining whether an obstruction is a hazard to navigation for 
the purposes of marking, the District Commander considers, but is not 
limited to, the following factors:
    (a) Location of the obstruction in relation to the navigable channel 
and other navigational traffic patterns;
    (b) Navigational difficulty in the vicinity of the obstruction;
    (c) Depth of water over the obstruction, fluctuation of the water 
level, and other hydrologic characteristics in the area;
    (d) Draft, type, and density of vessel traffic or other marine 
activity in the vicinity of the obstruction;
    (e) Physical characteristics of the obstruction;
    (f) Possible movement of the obstruction;
    (g) Location of the obstruction in relation to other obstructions or 
aids to navigation;
    (h) Prevailing and historical weather conditions;
    (i) Length of time that the obstruction has been in existence;
    (j) History of vessel incidents involving the obstruction; and
    (k) Whether the obstruction is defined as a hazard to navigation 
under other statutes or regulations.

[CGD 91-031, 57 FR 43403, Sept. 21, 1992]



Sec.  64.33  Marking by the Coast Guard.

    (a) The District Commander may mark for the protection of maritime 
navigation any structure, sunken vessel or other obstruction that is not 
suitably marked by the owner. Markings established by the Coast Guard do 
not relieve the owner's duty or responsibility to mark the sunken vessel 
or other obstruction, or to remove it as required by law.
    (b) Costs for markings established by the Coast Guard will be 
determined in accordance with part 74 of this Chapter.
    (c) Costs for marking of a sunken vessel or other obstruction shall 
be charged to the owner and shall continue until:
    (1) The vessel or other obstruction is removed;
    (2) The right of the owner to abandon is legally established and has 
been exercised; or
    (3) The District Commander directs otherwise.

    Note: When the needs of navigation permit, the owner may be given 
reasonable opportunity to establish and maintain the necessary markings.

[[Page 152]]



PART 66_PRIVATE AIDS TO NAVIGATION--Table of Contents



      Subpart 66.01_Aids to Navigation Other Than Federal or State

Sec.
66.01-1 Basic provisions.
66.01-3 Delegation of authority to District Commanders.
66.01-5 Application procedure.
66.01-10 Characteristics.
66.01-11 Lights.
66.01-12 May I continue to use the private aid to navigation I am 
          currently using?
66.01-13 When must my newly manufactured equipment comply with these 
          rules?
66.01-14 Label affixed by manufacturer.
66.01-15 Action by Coast Guard.
66.01-20 Inspection.
66.01-25 Discontinuance and removal.
66.01-30 Corps of Engineers' approval.
66.01-40 Exemptions.
66.01-45 Penalties.
66.01-50 Protection of private aids to navigation.
66.01-55 Transfer of ownership.

                 Subpart 66.05_State Aids to Navigation

66.05-1 Purpose.
66.05-5 Definitions.
66.05-10 State waters for private aids to navigation; designations; 
          revisions, and revocations.
66.05-20 Coast Guard-State agreements.
66.05-25 Change and modification of State aids to navigation.
66.05-30 Notice to Mariners.
66.05-35 Private aids to navigation other than State owned.
66.05-40 Corps of Engineers' approval.
66.05-100 Designation of navigable waters as State waters for private 
          aids to navigation.

           Subpart 66.10_Uniform State Waterway Marking System

66.10-1 General.
66.10-5--66.10-10 [Reserved]
66.10-15 Aids to navigation.
66.10-35 Navigation lights.

    Authority: 14 U.S.C. 83, 84, 85; 43 U.S.C. 1333; Pub. L. 107-296, 
116 Stat. 2135; Department of Homeland Security Delegation No. 0170.1.



      Subpart 66.01_Aids to Navigation Other Than Federal or State

    Source: CGFR 68-152, 33 FR 19816, Dec. 27, 1968, unless otherwise 
noted.



Sec.  66.01-1  Basic provisions.

    (a) No person, public body, or instrumentality not under the control 
of the Commandant, exclusive of the Armed Forces, will establish and 
maintain, discontinue, change or transfer ownership of any aid to 
maritime navigation, without first obtaining permission to do so from 
the Commandant.
    (b) For the purposes of this subpart, the term private aids to 
navigation includes all marine aids to navigation operated in the 
navigable waters of the United States other than those operated by the 
Federal Government (part 62 of this subchapter) or those operated in 
State waters for private aids to navigation (subpart 66.05).
    (c) Coast Guard authorization of a private aid to navigation does 
not authorize any invasion of private rights, nor grant any exclusive 
privileges, nor does it obviate the necessity of complying with any 
other Federal, State or local laws or regulations.

[CGFR 68-152, 33 FR 19816, Dec. 27, 1968, as amended by CGD 85-057, 51 
FR 11448, Apr. 3, 1986; USCG-2009-0416, 74 FR 27437, June 10, 2009; 
USCG-2012-0306, 77 FR 37312, June 21, 2012; USCG-2005-21869, 80 FR 5330, 
Jan. 30, 2015]



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

    (a) Under Section 888 of Pub. L. 107-296, 116 Stat. 2135, the 
Commandant delegates to the District Commanders within the confines of 
their respective districts (see Part 3 of this chapter for descriptions) 
the authority to grant permission to establish and maintain, 
discontinue, change or transfer ownership of private aids to maritime 
navigation, and otherwise administer the requirements of this subpart.
    (b) The decisions of the District Commander may be appealed within 
30 days from the date of decision. The decision of the Commandant in any 
case is final.

[CGFR 68-152, 33 FR 19816, Dec. 27, 1968, as amended by USCG-1998-3799, 
63 FR 35526, June 30, 1998; USCG-2003-14505, 68 FR 9535, Feb. 28, 2003]



Sec.  66.01-5  Application procedure.

    To establish and maintain, discontinue, change, or transfer 
ownership of a private aid to navigation, you

[[Page 153]]

must apply to the Commander of the Coast Guard District in which the aid 
is or will be located. You can find application form CG-2554 at http://
www.uscg.mil/forms/form--public--use.asp. You must complete all parts of 
the form applicable to the aid concerned, and must forward the 
application to the District Commander. You must include the following 
information:
    (a) The proposed position of the aid to navigation by two or more 
horizontal angles, bearings and distance from charted landmarks, or the 
latitude and longitude as determined by GPS or differential GPS. Attach 
a section of chart or sketch showing the proposed position.
    (b) The name and address of the person at whose expense the aid will 
be maintained.
    (c) The name and address of the person who will maintain the aid to 
navigation.
    (d) The time and dates during which it is proposed to operate the 
aid.
    (e) The necessity for the aid.
    (f) For lights: The color, characteristic, range, effective 
intensity, height above water, and description of illuminating 
apparatus. Attach a copy of the manufacturer's data sheet to the 
application.
    (g) For sound signals: Type (whistle, horn, bell, etc.) and 
characteristic.
    (h) For buoys or daybeacons: Shape, color, number, or letter, depth 
of water in which located or height above water.
    (i) For AIS AtoN and racons: Manufacturer and model number of AIS 
AtoN and racon, position and height above water of desired installation, 
and requested MORSE coding or AIS AtoN message characteristics. 
Equipment must have FCC authorization.

[CGFR 68-152, 33 FR 19816, Dec. 27, 1968, as amended by CGD 85-057, 51 
FR 11448, Apr. 3, 1986; USCG-2000-7466, 68 FR 68238, Dec. 8, 2003; USCG-
2000-7466, 69 FR 12541, Mar. 17, 2004; USCG-2001-10714, 69 FR 24982, May 
5, 2004; USCG-2008-0179, 73 FR 35002, June 19, 2008; USCG-2012-0306, 77 
FR 37312, June 21, 2012; USCG-2005-21869, 80 FR 5330, Jan. 30, 2015]



Sec.  66.01-10  Characteristics.

    The characteristics of a private aid to navigation must conform to 
those prescribed by the United States Aids to Navigation System set 
forth in subpart B of part 62 of this subchapter.

[USCG-2000-7466, 68 FR 68238, Dec. 8, 2003]



Sec.  66.01-11  Lights.

    (a) Except for range and sector lights, each light approved as a 
private aid to navigation must:
    (1) Have at least the effective intensity required by this subpart 
omnidirectionally in the horizontal plane, except at the seams of its 
lens-mold.
    (2) Have at least 50% of the effective intensity required by this 
subpart within 2 deg. of the horizontal plane.
    (3) Have a minimum effective intensity of at least 1 candela for a 
range of 1 nautical mile, 3 candelas for one of 2 nautical miles, 10 
candelas for one of 3 nautical miles, and 54 candelas for one of 5 
nautical miles. The District Commander may change the requirements for 
minimum intensity to account for local environmental conditions. For a 
flashing light this intensity is determined by the following formula:

Ie = G/(0.2 + t2-t1)

Where:

Ie = Effective intensity
G = The integral of the instantaneous intensity of the flashed light 
with respect to time
t1 = Time in seconds at the beginning of the flash
t2 = Time in seconds at the end of the flash
t2-t1 is greater than or equal to 0.2 seconds.

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

             Table 66.01-11(5)--Coordinates of Chromaticity
------------------------------------------------------------------------
                                                        Coordinates of
                                                         chromaticity
                        Color                        -------------------
                                                       x axis    y axis
------------------------------------------------------------------------
White...............................................     0.500     0.382
                                                         0.440     0.382
                                                         0.285     0.264

[[Page 154]]

 
                                                         0.285     0.332
                                                         0.453     0.440
                                                         0.500     0.440
Green...............................................     0.305     0.689
                                                         0.321     0.494
                                                         0.228     0.351
                                                         0.028     0.385
Red.................................................     0.735     0.265
                                                         0.721     0.259
                                                         0.645     0.335
                                                         0.665     0.335
Yellow..............................................     0.618     0.382
                                                         0.612     0.382
                                                         0.555     0.435
                                                         0.560     0.440
------------------------------------------------------------------------

    (6) Have a recommended interval for replacement of the source of 
light that ensures that the lantern meets the minimal required intensity 
stated in paragraph (a)(3) of this section in case of degradation of 
either the source of light or the lens.
    (7) Have autonomy of at least 10 days if the light has a self-
contained power system. Power production for the prospective position 
should exceed the load during the worst average month of insolation. The 
literature concerning the light must clearly state the operating limits 
and service intervals. Low-voltage disconnects used to protect the 
battery must operate so as to prevent sporadic operation at night.
    (b) The manufacturer of each light approved as a private aid to 
navigation must certify compliance by means of an indelible plate or 
label affixed to the aid that meets the requirements of Sec.  66.01-14.

[USCG-2000-7466, 68 FR 68238, Dec. 8, 2003]



Sec.  66.01-12  May I continue to use the private aid to navigation
I am currently using?

    If, after March 8, 2004, you modify, replace, or install any light 
that requires a new application as described in Sec.  66.01-5, you must 
comply with the rules in this part.

[USCG-2000-7466, 68 FR 68239, Dec. 8, 2003]



Sec.  66.01-13  When must my newly manufactured equipment comply with
these rules?

    After March 8, 2004, equipment manufactured for use as a private aid 
to navigation must comply with the rules in this part.

[USCG-2000-7466, 68 FR 68239, Dec. 8, 2003]



Sec.  66.01-14  Label affixed by manufacturer.

    (a) Each light, intended or used as a private aid to navigation 
authorized by this part, must bear a legible, indelible label (or 
labels) affixed by the manufacturer and containing the following 
information:
    (1) Name of the manufacturer.
    (2) Model number.
    (3) Serial number.
    (4) Words to this effect: ``This equipment complies with 
requirements of the U.S. Coast Guard in 33 CFR part 66.''
    (b) This label must last the service life of the equipment.
    (c) The manufacturer must provide the purchaser a data sheet 
containing the following information:
    (1) Recommended service life based on the degradation of either the 
source of light or the lamp.
    (2) Range in nautical miles.
    (3) Effective intensity in candela.
    (4) Size of lamp (incandescent only).
    (5) Interval, in days or years, for replacement of dry-cell or 
rechargeable battery.

[USCG-2000-7466, 68 FR 68239, Dec. 8, 2003]



Sec.  66.01-15  Action by Coast Guard.

    (a) The District Commander receiving the application will review it 
for completeness and will assign the aid one of the following 
classifications:
    Class I: Aids to navigation on marine structures or other works 
which the owners are legally obligated to establish, maintain and 
operate as prescribed by the Coast Guard.
    Class II: Aids to navigation exclusive of Class I located in waters 
used by general navigation.
    Class III: Aids to navigation exclusive of Class I located in waters 
not ordinarily used by general navigation.

[[Page 155]]

    (b) Upon approval by the District Commander, a signed copy of the 
application will be returned to the applicant. Approval for the 
operation of radar beacons (racons) will be effective for an initial two 
year period, then subject to annual review without further submission 
required of the owner.

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



Sec.  66.01-20  Inspection.

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



Sec.  66.01-25  Discontinuance and removal.

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



Sec.  66.01-30  Corps of Engineers' approval.

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



Sec.  66.01-40  Exemptions.

    (a) Nothing in the preceding sections of this subpart shall be 
construed to interfere with or nullify the requirements of existing laws 
and regulations pertaining to the marking of structures, vessels and 
other obstructions sunken in waters subject to the jurisdiction of the 
United States (Part 64 of this subchapter), the marking of artificial 
islands and structures which are erected on or over the seabed and 
subsoil of the Outer Continental Shelf (Part 67 of this subchapter), or 
the lighting of bridges over navigable waters of the United States 
(Subchapter J of this subchapter).
    (b) Persons marking bridges pursuant to Subchapter J of this title 
are exempted from the provisions of Sec.  66.01-5.

[CGD 78-156, 48 FR 11268, Mar. 17, 1983]



Sec.  66.01-45  Penalties.

    Any person, public body or instrumentality, excluding the armed 
forces, who shall establish, erect or maintain any aid to maritime 
navigation without first obtaining authority to do so from the Coast 
Guard, with the exception of those established in accordance with Sec.  
64.11 of this chapter, or who shall violate the regulations relative 
thereto issued in this part, is subject to the provisions of 14 U.S.C. 
83.

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



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

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

[[Page 156]]



Sec.  66.01-55  Transfer of ownership.

    (a) When any private aid to navigation authorized by the District 
Commander, or the essential real estate or facility with which the aid 
is associated, is sold or transferred, both parties to the transaction 
shall submit application (Sec.  66.01-5) to the Commander of the Coast 
Guard District in which the aid is located requesting authority to 
transfer responsibility for maintenance of the aid.
    (b) The party relinquishing responsibility for maintenance of the 
private aid to navigation shall indicate on the application form (CG-
2554) both the discontinuance and the change of ownership of the aid 
sold or transferred.
    (c) The party accepting responsibility for maintenance of the 
private aid to navigation shall indicate on the application form (CG-
2554) both the establishment and the change of ownership of the aid sold 
or transferred.
    (d) In the event the new owner of the essential real estate or 
facility with which the aid is associated refuses to accept 
responsibility for maintenance of the aid, the former owner shall be 
required to remove the aid without expense to the United States. This 
requirement shall not apply in the case of any authorized private aid to 
navigation required by statute or regulation (Class I, Sec.  66.01-15) 
which shall be maintained by the new owner until the conditions which 
made the aid necessary have been eliminated.



                 Subpart 66.05_State Aids to Navigation

    Source: CGFR 66-32, 31 FR 10320, July 30, 1966, unless otherwise 
noted.



Sec.  66.05-1  Purpose.

    The purpose of the regulations in this subpart is to prescribe the 
conditions under which state governments may regulate aids to navigation 
owned by state or local governments, or private parties. With the 
exception on the provisions of subpart 66.10, which are valid until 
December 31, 2003, aids to navigation must be in accordance with the 
United States Aids to Navigation System in part 62 of this subchapter.

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



Sec.  66.05-5  Definitions.

    (a) The term State waters for private aids to navigation means those 
navigable waters of the United States which the Commandant, upon request 
of a State Administrator, has designated as waters within which a State 
government may regulate the establishment, operation, and maintenance of 
marine aids to navigation, including regulatory markers. The Commandant 
will entertain requests to make such designations with respect to 
navigable waters of the United States not marked by the Federal 
government. These designations when approved will be set forth in 
separate sections by States in this subpart and will briefly describe or 
identify waters so designated.
    (b) The term Uniform State Waterway Marking System (USWMS) means the 
system of private aids to navigation which may be operated in State 
waters. Subpart 66.10, which describes the USWMS, expires on December 
31, 2003.
    (c) The term State Administrator means the official of a State 
having power under the law of the State to regulate, establish, operate 
or maintain maritime aids to navigation on waters over which the State 
has jurisdiction.
    (d) The term State aids to navigation means all private marine aids 
to navigation operated in State waters for private aids to navigation, 
whether owned by a State, political subdivisions thereof or by 
individuals, corporations, or organizations.
    (e) The term regulate State maritime aids to navigation means to 
control the establishment, disestablishment, operation and maintenance 
of State aids to navigation.

[CGFR 66-32, 31 FR 10320, July 30, 1966, as amended by CGD 97-018, 63 FR 
33573, June 19, 1998]



Sec.  66.05-10  State waters for private aids to navigation; 
designations; revisions, and revocations.

    (a) A State Administrator who desires to regulate State maritime 
aids to navigation in the navigable waters of the United States not 
marked by the Federal Government, shall request the Commandant to 
designate the specific

[[Page 157]]

bodies of water involved as State waters for private aids to navigation.
    (b) The request shall be forwarded to the District Commander in 
whose district the bodies of water are located. The request shall give 
the name and description of the waterway; the extent of use being made 
of the waterway for marine navigation, in general terms; an appropriate 
chart or sketch of the area; and a general outline of the nature and 
extent of the State aids to navigation which the Administrator plans to 
establish in the waterway.
    (c) The District Commander shall review the request and consult with 
the State Administrator concerning the terms of an initial agreement to 
be entered into under provisions of Sec.  66.05-20. When they have 
arrived at terms of an agreement satisfactory to both, the District 
Commander shall forward the request to the Commandant with 
recommendations and the terms of agreement mutually settled upon. If 
they cannot reach such agreement, the District Commander shall forward 
the request with recommendations and a statement of the points agreed 
upon and the points remaining at issue.
    (d) Upon receipt of the request, the Commandant will determine 
whether or not approval of the request is in the public interest and 
will inform the State Administrator and the District Commander of the 
Coast Guard's decision. If the request is approved, the designation by 
the Commandant of the waters in question as State waters for private 
aids to navigation will be also defined and described in this subpart.
    (e) The Commandant may, upon his or her own initiative or upon 
request, revoke or revise any designations of State waters for private 
aids to navigation previously made by him or her. Written notice shall 
be given the State Administrator of the action contemplated by the 
Commandant. The State Administrator will be afforded a period of not 
less than 30 days from the date of the notice in which to inform the 
Commandant of the State's views in the matter before final action is 
completed to revoke or revise such designation.

[CGFR 66-32, 31 FR 10320, July 30, 1966, as amended by USCG-2001-10714, 
69 FR 24982, May 5, 2004]



Sec.  66.05-20  Coast Guard-State agreements.

    (a) The District Commander in whose District a waterway is located 
may enter into agreements with State Administrators permitting a State 
to regulate aids to navigation, including regulatory markers, in State 
waters for private aids to navigation, as, in the opinion of the 
District Commander, the State is able to do in a manner to improve the 
safety of navigation. When a waterway is located within the area of 
jurisdiction of more than one Coast Guard District, the District 
Commander in whose District the State capital is located shall execute 
the agreement in behalf of the Coast Guard. All such agreements shall 
reserve to the District Commander the right to inspect the State aids to 
navigation without prior notice to the State. They shall stipulate that 
State aids to navigation will conform to the Uniform State Waterway 
marking System or to the U.S. Aids to Navigation System and that the 
State Administrator will modify or remove State aids to navigation 
without expense to the United States when so directed by the District 
Commander, subject to the right of appeal on the part of the State 
Administrator to the Commandant.
    (b) A Coast Guard-State agreement shall become effective when both 
parties have signed the agreements. In lieu of the procedure prescribed 
in Sec.  66.01-5, the agreement shall constitute blanket approval by the 
Commandant, of the State aids to navigation, including regulatory 
markers, established or to be established in State waters for private 
aids to navigation designated or to be designated by the Commandant.
    (c) In addition to the matters set forth in paragraph (a) of this 
section, Coast Guard-State agreements shall cover the following points, 
together with such other matters as the parties find it desirable to 
include:
    (1) A description, in sufficient detail for publication in Notices 
to Mariners, of all aids to navigations under State jurisdiction in 
navigable waters of the United States in existence prior to the 
effective date of the agreement which have not been previously approved 
under procedures of Sec.  66.01-5.

[[Page 158]]

    (2) Procedures for use by the State administrator to notify the 
District Commander of changes made in State aids to navigation, as 
required by Sec.  66.05-25.
    (3) If prior to December 21, 2003, specification of the marking 
system to be used, whether the U.S. Aids to Navigation System or the 
Uniform State Waterway Marking System.
    (4) Specification of standards as to minimum size and shape of 
markers, the use of identifying letters, the use of reflectors or 
retroreflective materials, and any other similar standards so as to 
enable Coast Guard inspectors to determine compliance with Statewide 
standards.

[CGD 86-031, 52 FR 42645, Nov. 6, 1987, as amended by CGD 97-018, 63 FR 
33573, June 19, 1998]



Sec.  66.05-25  Change and modification of State aids to navigation.

    Wherever a State Administrator determines the need for change in 
State aids to navigation, he or she must inform the District Commander 
of the nature and extent of the changes, as soon as possible, but not 
less than 30 days in advance of making the changes.

[USCG-2001-10714, 69 FR 24982, May 5, 2004]



Sec.  66.05-30  Notice to Mariners.

    (a) To improve public safety, the District Commander may publish 
information concerning State aids to navigation, including regulatory 
markers, in the Coast Guard Local Notices to Mariners.
    (b) Notices to Mariners which concern the establishment, 
disestablishment, or change of State aids to navigation, including 
regulatory markers, may be published whenever the aids to navigation 
concerned are covered by navigational charts or maps issued by the 
National Ocean Service or the U.S. Army Corps of Engineers.

[CGFR 66-32, 31 FR 10320, July 30, 1966, as amended by USCG-2000-7223, 
65 FR 40055, June 29, 2000; USCG-2001-9286, 66 FR 33640, June 25, 2001; 
USCG-2001-10714, 69 FR 24982, May 5, 2004]



Sec.  66.05-35  Private aids to navigation other than State owned.

    (a) No person, public body or other instrumentality not under 
control of the Commandant or the State Administrator, exclusive of the 
Armed Forces of the United States, shall establish, erect or maintain in 
State waters for private aids to navigation any aid to navigation 
without first obtaining permission to do so from the State 
Administrator. Discontinuance of any State aids to navigation may be 
effected by order of the State Administrator.



Sec.  66.05-40  Corps of Engineers' approval.

    (a) In each instance where a regulatory marker is to be established 
in navigable waters of the United States which have been designated by 
the Commandant as State waters for private aids to navigation, the State 
Administrator is responsible for obtaining prior permission from the 
District Engineer, U.S. Army Corps of Engineers concerned, authorizing 
the State to regulate the water area involved, or a statement that there 
is no objection to the proposed regulation of the water area. A copy of 
the Corps of Engineers permit or letter of authority shall be provided 
by the Administrator to the District Commander upon request.
    (b) Similarly, where an aid to navigation is to be placed on a fixed 
structure or a mooring buoy is to be established in State waters for 
private aids to navigation, the State Administrator shall assure that 
prior permission or a statement of no objection to the structures or 
mooring buoys proposed is obtained from the District Engineer concerned. 
A copy of the permit or letter is not required by the District 
Commander.



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

    In accordance with the procedures contained in Sec.  66.05-10(d), 
the following navigable waters listed by the State in which they are 
located, are designated as State waters for private aids to navigation:
    (a) Arizona. The portion of Lake Havasu within the State, except 
that

[[Page 159]]

portion within Havasu Lake National Wildlife Refuge.
    (b) Louisiana. The portion of Toledo Bend Reservoir within the 
State.
    (c) Missouri. Teach water within the State except the:
    (1) Mississippi River; and
    (2) Missouri River.
    (d) Montana. The portion of Missouri River between the U.S. Highway 
287 bridge near Townsend and Great Falls including the following 
impoundments:
    (1) Black Eagle Dam Reservoir.
    (2) Canyon Ferry Reservoir.
    (3) Hauser Lake.
    (4) Holter Lake.
    (5) Rainbow Dam Reservoir.
    (e) North Carolina. Navigable waters within the State not marked 
with Coast Guard aids to navigation on June 1, 1973.
    (f) Pennsylvania. The portion of Youghiogheny River Reservoir within 
the State.
    (f-1) South Carolina. (1) The portion of Lake Wylie within the 
State; (2) Lake Marion; (3) Lake Moultrie; and (4) Lake Murray.
    (g) Texas. The portion of Toledo Bend Reservoir within the State.
    (h) Virginia. (1) Claytor Lake, on the New River in Pulaski County.
    (2) Leesville Lake, on the Roanoke River below Smith Mountain Dam.
    (3) The portions of the following reservoirs within the State:
    (i) Gaston.
    (ii) Holston.
    (iii) John H. Kerr.
    (iv) Philpott.
    (i) Wisconsin. Navigable waters within the State not marked with 
Coast Guard aids to navigation as of May 1, 1996.

[CGD 72-154R, 38 FR 33473, Dec. 5, 1973, as amended by CGD 76-015, 41 FR 
12879, Mar. 29, 1976; CGD 80-132, 46 FR 27643, May 21, 1981; CGD 98-
3604, 63 FR 55947, Oct. 20, 1998; USCG-2001-10714, 69 FR 24982, May 5, 
2004]



           Subpart 66.10_Uniform State Waterway Marking System



Sec.  66.10-1  General.

    (a) The Uniform State Waterway Marking System's (USWMS) aids to 
navigation provisions for marking channels and obstructions (see Sec.  
66.10-15) may be used in those navigable waters of the U.S. that have 
been designated as state waters for private aids to navigation and in 
those internal waters that are non-navigable waters of the U.S. All 
other provisions for the use of regulatory markers and other aids to 
navigation must be in accordance with United States Aid to Navigation 
System, described in part 62 of this subchapter.
    (b) Until December 31, 2003, the Uniform State Waterway Marking 
System's (USWMS) aids to navigation provisions for marking channels and 
obstructions may be used in those navigable waters of the U.S. that have 
been designated as state waters for private aids to navigation and in 
those internal waters that are non-navigable waters of the U.S. All 
other provisions for the use of regulatory markers and other aids to 
navigation shall be in accordance with United States Aid to Navigation 
System, described in part 62 of this subchapter.
    (c) The USATONS may be used in all U.S. waters under state 
jurisdiction, including non-navigable state waters.

[CGD 97-018, 63 FR 33574, June 19, 1998, as amended by USCG-2012-0306, 
77 FR 37312, June 21, 2012]



Sec. Sec.  66.10-5--66.10-10  [Reserved]



Sec.  66.10-15  Aids to navigation.

    (a) USWMS aids to navigation may have lateral or cardinal meaning.
    (b) On a well defined channel including a river or other relatively 
narrow natural or improved waterway, an aid to navigation shall normally 
be a solid colored buoy. A buoy which marks the left side of the channel 
viewed looking upstream or toward the head of navigation shall be 
colored all black. A buoy which marks the right side of the channel 
viewed looking upstream or toward the head of navigation shall be 
colored all red. On a well defined channel, solid colored buoys shall be 
established in pairs, one on each side of the navigable channel which 
they mark, and opposite each other to inform the user that the channel 
lies between the buoys and that the user should pass between the buoys.
    (c) On an irregularly defined channel, solid colored buoys may be 
used singly in staggered fashion on alternate sides

[[Page 160]]

of the channel provided they are spaced at sufficiently close intervals 
to inform the user that the channel lies between the buoys and that the 
user should pass between the buoys.
    (d) Where there is no well-defined channel or when a body of water 
is obstructed by objects whose nature or location is such that the 
obstruction can be approached by a vessel from more than one direction, 
supplemental aids to navigation having cardinal meaning (i.e., 
pertaining to the cardinal points of the compass, north, east, south, 
and west) may be used. The use of an aid to navigation having cardinal 
meaning is discretionary provided that the use of such a marker is 
limited to wholly State owned waters and the State waters for private 
aids to navigation as defined and described in this part.
    (e) Aids to navigation conforming to the cardinal system shall 
consist of three distinctly colored buoys.
    (1) A white buoy with a red top may be used to indicate to a vessel 
operator that the operator must pass to the south or west of the buoy.
    (2) A white buoy with a black top may be used to indicate to a 
vessel operator that the operator must pass to the north or east of the 
buoy.
    (3) In addition, a buoy showing alternate vertical red and white 
stripes may be used to indicate to a vessel operator that an obstruction 
to navigation extends from the nearest shore to the buoy and that the 
operator must not pass between the buoy and shore. The number of white 
and red stripes is discretionary, provided that the white stripes are 
twice the width of the red stripes.

[CGFR 66-32, 31 FR 10321, July 30, 1966, as amended by CGD 97-018, 63 FR 
33574, June 19, 1998; USCG-2001-10714, 69 FR 24982, May 5, 2004]



Sec.  66.10-35  Navigation lights.

    A red light shall only be used on a solid colored red buoy. A green 
light shall only be used on a solid colored black or a solid colored 
green buoy. White lights shall be used for all other buoys. When a light 
is used on a cardinal system buoy or a vertically striped white and red 
buoy, it shall always be quick flashing.

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



PART 67_AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES
--Table of Contents



                   Subpart 67.01_General Requirements

Sec.
67.01-1 Scope.
67.01-5 Definitions.
67.01-10 Delegation of functions.
67.01-15 Classification of structures.
67.01-20 Prescribing lines of demarcation.
67.01-30 Equivalents.

              Subpart 67.05_General Requirements for Lights

67.05-1 Arrangement of obstruction lights.
67.05-5 Multiple obstruction lights.
67.05-10 Characteristics of obstruction lights.
67.05-15 Operating periods of obstruction lights.
67.05-20 Minimum lighting requirements.
67.05-25 Special lighting requirements.

          Subpart 67.10_General Requirements for Sound signals

67.10-1 Apparatus requirements.
67.10-5 Location requirements.
67.10-10 Operating requirements.
67.10-15 Approval of sound signals.
67.10-20 Sound signal tests.
67.10-25 Application for tests.
67.10-30 Withdrawal of approval.
67.10-35 Notice of approval and withdrawal of approval.
67.10-40 Sound signals authorized for use prior to January 1, 1973.

            Subpart 67.15_Miscellaneous Marking Requirements

67.15-1 Lights and signals on attendant vessels.
67.15-5 Seismographic and surveying operations.
67.15-10 Spoil banks, artificial islands, and dredged channels.

                 Subpart 67.20_Class ``A'' Requirements

67.20-1 Class ``A'' structures.
67.20-5 Obstruction lights.
67.20-10 Sound signal.

                 Subpart 67.25_Class ``B'' Requirements

67.25-1 Class ``B'' structures.
67.25-5 Obstruction lights.
67.25-10 Sound signal.

                 Subpart 67.30_Class ``C'' Requirements

67.30-1 Class ``C'' structures.
67.30-5 Obstruction lights.

[[Page 161]]

67.30-10 Sound signals.

                       Subpart 67.35_Applications

67.35-1 Procedure.
67.35-5 Contents of application.
67.35-10 Private aids to navigation.
67.35-15 To whom addressed.

                       Subpart 67.40_Notification

67.40-1 Notification to District Commander.
67.40-5 Waivers.
67.40-10 Communication with owner.
67.40-15 Marking at owner's expense.
67.40-20 Charges invoiced to owner.
67.40-25 Penalty.

                   Subpart 67.50_District Regulations

67.50-1 Scope.
67.50-5 First Coast Guard District.
67.50-15 Fifth Coast Guard District.
67.50-20 Seventh Coast Guard District.
67.50-25 Eighth Coast Guard District.
67.50-30 Ninth Coast Guard District.
67.50-35 Eleventh Coast Guard District.
67.50-45 Thirteenth Coast Guard District.
67.50-50 Seventeenth Coast Guard District.

    Authority: 14 U.S.C. 85, 633; 43 U.S.C. 1333; Department of Homeland 
Security Delegation No. 0170.1.

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

    Editorial Note: Nomenclature changes to part 67 appear by USCG-2001-
10714, 69 FR 24983, 24984, May 5, 2004.



                   Subpart 67.01_General Requirements



Sec.  67.01-1  Scope.

    (a) The regulations in this part prescribe the obstruction lights 
and sound signals to be operated as privately maintained maritime aids 
to navigation on the artificial islands and structures which are erected 
on or over the seabed and subsoil of the Outer Continental Shelf and in 
the waters under the jurisdiction of the United States, for the purpose 
of exploring for, developing, removing and transporting resources 
therefrom.
    (b) Subpart 66.01 in Part 66 of this subchapter shall be applicable 
to all private aids to navigation erected on or over the Outer 
Continental Shelf in the same manner and to the same extent as they are 
applicable to private aids to navigation established, erected, or 
maintained in the waters under the jurisdiction of the United States.



Sec.  67.01-5  Definitions.

    (a) Structures. The term ``structures'' as used in this part shall 
include all fixed structures, temporary or permanent, for which a Corps 
of Engineers' permit is issued. It shall include, but is not necessarily 
limited to, all drilling platforms, Mobile Offshore Drilling Units 
(MODUs) when attached to the bottom, production platforms, quarters 
platforms, pipe line riser platforms, manifold platforms, loading 
platforms, boat landings, caissons, well protective structures, tank 
battery barges submerged on station, drilling barges submerged on 
location, breakwater barges submerged on location, artificial islands 
and all other piles, pile clusters, pipes, or structures erected in the 
waters.
    (b) Class ``A'', ``B'', or ``C'' structures. The term ``Class A, B, 
or C structures'' refers to the classification assigned to structures 
erected in areas in which corresponding requirements for marking are 
prescribed.
    (c) Line of demarcation. The term ``line of demarcation'' means the 
dividing line used administratively to distinguish between the areas in 
which structures shall conform to Class ``A'' and Class ``B'' or ``C'' 
requirements.
    (d) Outer Continental Shelf. The term ``Outer Continental Shelf'' 
means all submerged lands lying seaward and outside the area of lands 
beneath navigable waters as defined in the Submerged Lands Act (sec. 2, 
67 Stat. 29, 43 U. S. C. 1301), and of which the subsoil and seabed 
appertain to the United States and are subject to its jurisdiction and 
control.
    (e) Reliable operation. The term ``reliable'' as used in this part 
shall mean that dependability which will insure to the highest degree 
reasonably possible the uninterrupted operation of lights and sound 
signals as private aids to navigation for safety of marine commerce.
    (f) Sound signal. The term ``sound signal'' as used in this part 
shall mean the audible sound signal, authorized as a private aid to 
navigation, to mark a structure for the safety of marine commerce 
whenever the visibility has been

[[Page 162]]

reduced by fog, mist, rain, falling snow, smoke, dust, or other 
phenomena.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by CGFR 63-18, 28 FR 
4026, Apr. 14, 1963; USCG-2001-10714, 69 FR 24983, May 5, 2004]



Sec.  67.01-10  Delegation of functions.

    The Coast Guard District Commander may delegate the authority for 
performing inspections, enforcement, and administration of regulations 
to any civilian or military position in the Coast Guard.

[USCG-2001-10714, 69 FR 24983, May 5, 2004]



Sec.  67.01-15  Classification of structures.

    (a) When will structures be assigned to a Class? The District 
Commander will assign structures to Class A, B, or C as part of 
processing an application for a permit to establish and operate lights 
and sound signals.
    (b) In general, where will the different classes of structures be 
located? Specific criteria in paragraph (c) of this section may create 
exceptions, but, in general, structures the farthest from shore are 
likely to be assigned to Class A and required to have obstruction lights 
and sound signals that can be detected from the farthest distance. 
Structures closest to shore are likely to be assigned to Class C and, 
while subject to requirements to ensure that they are also detectable 
from a safe distance away, will be required to have the least powerful 
obstruction lights or sound signals. The location and standards for 
Class B structures will generally be in between Class A and C 
structures.
    (c) What criteria will be used to classify structures? When 
assigning a structure to a class, the District Commander will take into 
consideration whether a line of demarcation has been prescribed, and 
matters concerning, but not necessarily limited to, the dimensions of 
the structure and the depth of water in which it is located, the 
proximity of the structure to vessel routes, the nature and amount of 
vessel traffic, and the effect of background lighting.
    (1) If a line of demarcation has been prescribed, the District 
Commander will assign those structures seaward of the line of 
demarcation to Class A. He or she will assign all structures shoreward 
of the line of demarcation to either Class B or Class C, unless the 
District Commander determines under Sec.  67.05-25 that the structure 
should be assigned to Class A because of the structure's proximity to a 
navigable channel, fairway or line of demarcation.
    (2) If a line of demarcation has not been prescribed, the District 
Commander will assign a structure to Class A, B, or C as he or she deems 
appropriate.

[USCG-2001-10714, 69 FR 24983, May 5, 2004]



Sec.  67.01-20  Prescribing lines of demarcation.

    The District Commander sends recommendations for establishing or 
changing lines of demarcation to the Commandant. For the purposes of 
this part, when the Commandant approves of additions to or changes in 
prescribed lines of demarcation, such additions or changes will be 
published in the Federal Register and will become effective on the date 
specified in that publication.

[USCG-2001-10714, 69 FR 24983, May 5, 2004]



Sec.  67.01-30  Equivalents.

    The use of alternate equipment, apparatus, or installation 
arrangements specified in this part may be permitted by the District 
Commander to such extent and under such conditions as will result in 
achieving a degree of safety or compliance with these regulations 
equivalent to or above the minimum requirements set forth in this part.



              Subpart 67.05_General Requirements for Lights



Sec.  67.05-1  Arrangement of obstruction lights.

    (a) Structures having a maximum horizontal dimension of 30 feet or 
less on any one side, or in diameter, shall be required to have one 
obstruction light visible for 360 deg..
    (b) Structures having a maximum horizontal dimension of over 30 
feet, but not in excess of 50 feet, on any one side, or in diameter, 
shall be required to have two obstruction lights installed on diagonally 
opposite corners,

[[Page 163]]

180 deg. apart, or as prescribed by the District Commander, each light 
to have a 360 deg. lens.
    (c) Structures having a horizontal dimension of over 50 feet on any 
one side, or in diameter, shall be required to have an obstruction light 
on each corner, or 90 deg. apart in the case of circular structures, or 
as prescribed by the District Commander, each light to have a 360 deg. 
lens.
    (d) Where the overall dimensions of a structure require the 
installation of two or more obstruction lights, the lights shall all be 
mounted on the same horizontal plane within the limitations of height 
specified in Sec.  67.20-5, Sec.  67.25-5, or Sec.  67.30-5, as 
applicable.
    (e) Lesser structures and piles, pile clusters or flare templates, 
etc., will not normally be required to be marked by obstruction lights, 
when they are located within 100 yards of a Class ``A'', ``B'' or ``C'' 
structure marked by established obstruction lights, but they shall be 
marked with red or white retro-reflective material, installed as 
prescribed by the District Commander.
    (f) All obstruction lights shall be installed in a manner which will 
permit at least one of them to be carried in sight of the mariner, 
regardless of the angle of approach, until the mariner is within 50 feet 
of the structure, visibility permitting.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by USCG-2001-10714, 69 
FR 24983, May 5, 2004]



Sec.  67.05-5  Multiple obstruction lights.

    When more than one obstruction light is required by this part to 
mark a structure, all such lights shall be operated to flash in unison.



Sec.  67.05-10  Characteristics of obstruction lights.

    All obstruction lights required by this part shall be powered from a 
reliable power source, including auxiliary power sources as necessary. 
They shall display a quick-flash characteristic of approximately 60 
flashes per minute, unless prescribed otherwise in the permit issued by 
the District Commander. Their color shall be white when marking Class 
``A'' and ``B'' structures, and either white or red, as prescribed by 
the District Commander, when marking Class ``C'' structures. In 
determining whether white or red lights shall be authorized, the 
District Commander shall take into consideration matters concerning, but 
not necessarily limited to, the dimensions of the structure and the 
depth of water in which it is located; the proximity of the structure to 
vessel routes; the nature and amount of vessel traffic; and the effect 
of background lighting.



Sec.  67.05-15  Operating periods of obstruction lights.

    Obstruction lights shall be displayed at all times between the hours 
of sunset and sunrise, local time, commencing at the time the 
construction of a structure is begun. During construction and until such 
time as a platform capable of supporting the obstruction lights is 
completed, the fixed lights on an attending vessel shall be used. In 
addition, when lights are in use for general illumination to facilitate 
the construction or operation of a structure, and can be seen from any 
angle of approach at a distance equal to that prescribed for the 
obstruction lights for the class of structure, the actual operation of 
obstruction lights also will not be required.

[CGFR 58-34, 23 FR 7701, Oct. 4, 1958]



Sec.  67.05-20  Minimum lighting requirements.

    The obstruction lighting requirements prescribed in this part are 
the minimum requirements only and shall not preclude the maintainer from 
making application for authorization to establish more lights, or lights 
of greater intensity than required to be visible at the distances 
prescribed: Provided, That the prescribed characteristics of color and 
flash duration are adhered to.



Sec.  67.05-25  Special lighting requirements.

    Whenever a structure is erected in a position on or adjacent to the 
edges of navigable channels and fairways, or lines of demarcation, the 
District Commander is authorized to require the structure to be marked 
by the lights which in his judgment are necessary for the safety of 
marine commerce, and without regard to the fact that the structure may 
be located in an area in

[[Page 164]]

which either Class ``B'' or Class ``C'' requirements are otherwise 
applicable. The requirements for the lights in any of these cases, shall 
not exceed those established for structures in the Class ``A'' areas.



          Subpart 67.10_General Requirements for Sound signals

    Source: CGD 72-74R, 37 FR 13512, July 8, 1972, unless otherwise 
noted.



Sec.  67.10-1  Apparatus requirements.

    The sound signal required by Sec. Sec.  67.20-10, 67.25-10, and 
67.30-10 must:
    (a) Have its maximum intensity at a frequency between 100 and 1,100 
Hertz;
    (b) Sound a 2-second blast every 20 seconds (2 seconds sound, 18 
seconds silence) unless otherwise authorized by the District Commander;
    (c) Have the rated range required by Sec.  67.20-10, Sec.  67.25-10, 
or Sec.  67.30-10;
    (d) Have a height not exceeding 25 feet;
    (e) Have not more than eight sound sources;
    (f) Be approved by the Coast Guard under Sec.  67.10-15; and
    (g) Be permanently marked with:
    (1) The date of Coast Guard approval;
    (2) The manufacturer and date of manufacture;
    (3) A model designation;
    (4) The approved range; and
    (5) The power necessary to comply with the provisions of paragraph 
(c) of this section.



Sec.  67.10-5  Location requirements.

    The sound signal required by Sec. Sec.  67.20-10, 67.25-10, and 
67.30-10 must:
    (a) Be located on the structure so that the sound signal produced is 
audible over 360 deg. in a horizontal plane at all ranges up to and 
including the required rated range; and
    (b) Be located at least 10 feet but not more than 150 feet above 
mean high water.



Sec.  67.10-10  Operating requirements.

    (a) Sound signals required by Sec. Sec.  67.20-10, 67.25-10, and 
67.30-10 must be operated continuously, regardless of visibility, unless 
the sound signal is controlled:
    (1) By an attendant on the structure;
    (2) Remotely by an attendant on a nearby structure; or
    (3) By a fog detection device capable of activating the sound signal 
when the visibility in any direction is reduced to the rated range at 
which sound signal operation is required by this part.
    (b) During construction and until such time as a sound signal is 
installed and operating on a platform, the whistle of an attending 
vessel moored alongside the platform may be used to sound the signal 
required for the structure by this part.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by USCG-2001-10714, 69 
FR 24983, May 5, 2004]



Sec.  67.10-15  Approval of sound signals.

    (a) The Coast Guard approves a sound signal if:
    (1) It meets the requirements for sound signals in Sec.  67.10-1 
(a), (b), (c), (d), and (e) when tested under Sec.  67.10-20; or
    (2) It is similar to a sound signal which was tested and approved 
under the provisions of this section and the Coast Guard has approved 
all variations in design, construction, production, and manufacture from 
the sound signal tested.
    (b) A sound signal that is an identical production model of a sound 
signal which has been approved under paragraph (a) of this section is a 
Coast Guard approved sound signal.



Sec.  67.10-20  Sound signal tests.

    (a) Sound signal tests must:
    (1) Be made by the applicant in the presence of a Coast Guard 
representative, who certifies the test if the procedures comply with the 
requirements of this section;
    (2) Be made with Coast Guard supplied and calibrated sound level 
meters and power meters; and
    (3) Be made in an anechoic chamber large enough to accommodate the 
entire sound signal, as if installed for actual use.
    (b) The sound pressure level must be measured as a function of:
    (1) Distance by using a sufficient number of points to allow a far-
field extrapolation of the sound pressure level;

[[Page 165]]

    (2) Power at outputs up to and including the approximate power level 
necessary to comply with Sec.  67.10-1(c);
    (3) Horizontal angle at increments not greater than 30 deg.; and
    (4) Harmonic content to at least the third harmonic.
    (c) In analyzing the test data to determine the minimum power 
necessary to produce the sound pressure level specified in Table A of 
this section the Coast Guard follows the procedures prescribed by the 
International Association of Lighthouse Authorities (IALA) in Supplement 
No. 3 to the IALA Bulletin of February 1969 for analysis of harmonic 
components and does not consider components above 1,100 Hertz as adding 
to the audible range.
[GRAPHIC] [TIFF OMITTED] TC21OC91.000



Sec.  67.10-25  Application for tests.

    A person requesting a Coast Guard representative at a test of a 
sound signal must:
    (a) Direct a written request to the Aids to Navigation Division (CG-
NAV-1), U.S. Coast Guard Stop 7418, 2703 Martin Luther King Jr. Ave. 
SE., Washington DC 20593-7418, U.S. Coast Guard Stop 7418, 2703 Martin 
Luther King Jr. Avenue SE., Washington, DC 20593-7418 including:
    (1) Requestor's name, address, and telephone number;
    (2) A description of the sound signal;
    (3) Rated range for which approval is requested;
    (4) Location of the anechoic chamber; and
    (5) Proposed test dates.
    (b) Bear all the expenses of conducting the test conducted in 
accordance with Sec.  67.10-20 including all travel and per diem 
expenses of the U.S. Government in sending a Coast Guard representative 
to the test.

[CGD 72-74R, 37 FR 13512, July 8, 1972, as amended by CGD88-052, 53 FR 
25119,July 1, 1988; CGD 96-026, 61 FR 33663, June 28, 1996; USCG-2001-
10714, 69 FR 24983, May 5, 2004; USCG-2010-0351, 75 FR 36281, June 25, 
2010; USCG-2014-0410, 79 FR 38431, July 7, 2014; USCG-2015-0433, 80 FR 
44279, July 27, 2015]



Sec.  67.10-30  Withdrawal of approval.

    The Coast Guard may withdraw approval of a sound signal if it fails 
to meet the requirements of Sec.  67.10-1 (a), (b), and (c).

[[Page 166]]



Sec.  67.10-35  Notice of approval and withdrawal of approval.

    (a) The Coast Guard publishes a notice of the approval or withdrawal 
of approval of a sound signal in the Local Notice to Mariners.
    (b) A listing of approved sound signals may be obtained from any 
District Commander.



Sec.  67.10-40  Sound signals authorized for use prior to January 1, 1973.

    Any sound signal authorized for use by the Coast Guard and 
manufactured prior to January 1, 1973, is excepted from the requirements 
in this subpart, except Sec. Sec.  67.10-1 (b) and (c), 67.10-5, and 
67.10-10, if the sound signal has a minimum sound pressure level as 
specified in Table A of Subpart 67.10 of Title 33 of the Code of Federal 
Regulations in effect on December 31, 1972, for the range required by 
Sec.  67.20-10, Sec.  67.25-10, or Sec.  67.30-10.



            Subpart 67.15_Miscellaneous Marking Requirements



Sec.  67.15-1  Lights and signals on attendant vessels.

    The requirements prescribed by this part apply to structures. The 
barges, vessels, and other miscellaneous floating plants in attendance 
must display lights and signals under the International Navigational 
Rules Act of 1977 (33 U.S.C. 1601-1608) that adopted the International 
Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), or the 
Inland Navigational Rules Act of 1980 (33 U.S.C. 2001-2038). When 
vessels are fixed to or submerged onto the seabed, however, they become 
structures as described in Sec.  67.01-5.

[USCG-2001-10714, 69 FR 24983, May 5, 2004]



Sec.  67.15-5  Seismographic and surveying operations.

    All stakes, casings, pipes, and buoys, except bamboo poles and 
wooden stakes less than 2 inches in diameter, placed in the water to 
facilitate seismographic or surveying operations shall be marked, in the 
manner prescribed by the District Commander, for the safety of 
navigation.



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

    (a) All submerged spoil banks, or artificial islands resulting from 
the dredging of private channels, laying of pipelines, or any other 
private operation, and all privately dredged channels which, in the 
judgment of the District Commander are required to be marked by aids to 
navigation, shall be marked by private aids to navigation conforming to 
the standard United States system of aids to navigation characteristics 
described in subpart B of part 62 of this subchapter.
    (b) To receive a permit to establish and maintain a private aid to 
navigation for the purposes described in paragraph (a) of this section, 
submit your application to the District Commander. The District 
Commander will review all applications and issue all permits.

[USCG-2001-10714, 69 FR 24983, May 5, 2004]



                 Subpart 67.20_Class ``A'' Requirements



Sec.  67.20-1  Class ``A'' structures.

    Class ``A'' structures shall be the structures erected in an area 
where Class ``A'' requirements must be met.



Sec.  67.20-5  Obstruction lights.

    The obstruction lights shall be white lights as prescribed in 
Subpart 67.05 of this part. The lights shall be of sufficient 
candlepower as to be visible at a distance of at least five nautical 
miles 90 percent of the nights of the year. The lights shall be 
displayed not less than 20 feet above mean high water, but not at a 
height greater than that governed by the requirement in Sec.  67.05-1(f) 
that mariners be able to see at least one of the lights, regardless of 
the angle of approach, until within 50 feet of the structure, visibility 
permitting.

[CGFR 58-34, 23 FR 7701, Oct. 4, 1958, as amended by USCG-2001-10714, 69 
FR 24983, May 5, 2004]



Sec.  67.20-10  Sound signal.

    (a) The owner of a Class ``A'' structure shall:
    (1) Install a sound signal that has a rated range of at least 2 
miles; and,

[[Page 167]]

    (2) Operate the sound signal when the visibility in any direction is 
less than 5 miles.
    (b) The District Commander may waive any requirements in paragraph 
(a) of this section if he or she finds that a structure is so close to 
other structures and so enveloped by the sound signals on other 
structures that it is not a hazard to navigation.

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



                 Subpart 67.25_Class ``B'' Requirements



Sec.  67.25-1  Class ``B'' structures.

    Class ``B'' structures shall be the structures erected in an area 
where Class ``B'' requirements must be met.



Sec.  67.25-5  Obstruction lights.

    (a) The obstruction lights shall be white lights as prescribed in 
Subpart 67.05 of this part and shall be of sufficient candlepower as to 
be visible at a distance of at least three nautical miles 90 percent of 
the nights of the year. The lights shall be displayed not less than 20 
feet above mean high water, but not at a height greater than that 
specified in Sec.  67.05-1(f), except that on Class ``B'' structures 
which are required to be marked by only one light, that light may be 
displayed not less than 10 feet above mean high water if the structural 
features preclude mounting the light within the range of heights 
otherwise specified in this section.
    (b) The District Commander may waive the requirement for obstruction 
lights on Class ``B'' structures if there is no hazard to navigation by 
so doing.

[CGFR 58-34, 23 FR 7701, Oct. 4, 1958, as amended by CGFR 62-32, 27 FR 
10101, Oct. 13, 1962]



Sec.  67.25-10  Sound signal.

    (a) The owner of a Class ``B'' structure shall:
    (1) Install a sound signal that has a rated range of at least one-
half mile, except that the District Commander may--
    (i) Prescribe a greater rated range, not to exceed 2 miles, under 
the provisions of paragraph (b) of this section; or
    (ii) Exempt the structure from the requirements of this paragraph, 
under the provisions of paragraph (c) of this section;
    (2) Operate the sound signal when the visibility in any direction is 
less than 3 miles, unless the District Commander establishes a greater 
or lesser distance of visibility, not to exceed 5 miles, under the 
provisions of paragraph (b) or (c) of this section.
    (b) The owner of a Class ``B'' structure shall install a sound 
signal with a greater rated range or operate it at times of greater 
visibility than required in paragraph (a) of this section if:
    (1) The structure is erected on or adjacent to the edge of a:
    (i) Navigable channel;
    (ii) Fairway; or
    (iii) Line of demarcation; and
    (2) The District Commander decides a greater range or operation of 
the sound signal at times of greater visibility is necessary for the 
safety of marine commerce.
    (c) The District Commander may waive or relax the provisions of 
paragraph (a) of this section, if he or she finds that a structure is:
    (1) So close to other structures and so enveloped by the sound 
signals on other structures that it is not a hazard to navigation; or
    (2) So located in a shoal area that it is not a hazard to 
navigation.

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



                 Subpart 67.30_Class ``C'' Requirements



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

    Class ``C'' structures shall be the structures erected in an area 
where Class ``C'' requirements must be met.



Sec.  67.30-5  Obstruction lights.

    (a) The obstruction lights shall be white or red lights as 
prescribed in Subpart 67.05 of this part and shall be of sufficient 
candlepower as to be visible at a distance of at least one nautical mile 
90 percent of the nights of the year. The lights shall be displayed

[[Page 168]]

at such height, above mean high water, as shall be prescribed by the 
District Commander. When the District Commander shall authorize red 
lights to mark a Class ``C'' structure, the color thereof shall conform 
to the shade of red prescribed in Military Specification Mil-C-25050 
(ASG), Type 1, Grade D. A copy of the specification may be obtained from 
the Commanding Officer, Document Automation and Production Service, 700 
Robbins Avenue, Building 4, Section D, Philadelphia, PA 19111-5091.
    (b) When Class ``C'' structures are erected in close proximity to 
each other, or are connected in such a manner as to prevent marine 
traffic from passing freely through the field, obstruction lights may be 
authorized to mark the perimeter structures only, when in the judgment 
of the District Commander the group of structures which are equipped 
with obstruction lights are so arranged that the particular structures 
are protected to the degree required by this part, and are not a hazard 
to navigation.
    (c) Unless advised to the contrary by the District Commander, 
obstruction lights shall be required on Class ``C'' structures erected 
in depths of water greater than 3 feet at mean low water.
    (d) In cases where, although not required, an applicant desires to 
establish and operate obstruction lights, a permit therefor shall be 
granted, at the discretion of the District Commander: Provided, That the 
lights meet the requirements set forth in this part.

[CGFR 58-34, 23 FR 7701, Oct. 4, 1958, as amended by CGFR 68-95, 33 FR 
15285, Oct. 15, 1968; USCG-2001-10714, 69 FR 24983, 24984, May 5, 2004]



Sec.  67.30-10  Sound signals.

    (a) The owner of a Class ``C'' structure shall install a sound 
signal if:
    (1) The structure is erected on or adjacent to the edge of a:
    (i) Navigable channel;
    (ii) Fairways; or
    (iii) Line of demarcation; and
    (2) The District Commander decides it is necessary for the safety of 
marine commerce.
    (b) Sound signals required by paragraph (a) of this section must 
have rated range of at least one-half mile, unless the District 
Commander prescribes a greater rated range, not to exceed 2 miles.
    (c) The owner of the structure shall operate the sound signal 
required by paragraph (a) of this section whenever the visibility in any 
direction is less than 3 miles, unless the District Commander 
establishes a greater or lesser distance of visibility, not to exceed 5 
miles.
    (d) Class ``C'' structures may have sound signals if:
    (1) Authorized by the District Commander under the provisions of 
Subpart 66.01 of this subchapter; and
    (2) The sound signal meets the requirements of Sec.  67.10-1 (a) and 
(b).

[CGD 72-74R, 37 FR 13513, July 8, 1972]



                       Subpart 67.35_Applications



Sec.  67.35-1  Procedure.

    (a) An application, on Coast Guard forms which will be provided by 
the District Commander upon request, shall be submitted for each private 
aid to navigation for which a permit is required to establish, operate, 
move, change or discontinue, except as modified in this subpart.
    (b) An application on the prescribed form shall be submitted to the 
District Commander for each structure to be equipped with obstruction 
lights and/or sound signals if the structure is to remain in place six 
months or more. An application may be made by letter for each structure 
to be so equipped if the structure is to remain in place less than six 
months.
    (c) One application form only shall be submitted to the District 
Commander to cover a group of unlighted buoys or daybeacons.



Sec.  67.35-5  Contents of application.

    (a) All applicable items of the prescribed forms shall be completed. 
A brief descriptive print of the structure or aid to navigation involved 
shall be furnished with the application, together with a location plat 
or chart section. When Lambert coordinates are used to plot the position 
of the aid, the plat or chart shall be annotated to show latitude and 
longitude of the proposed aid to navigation, except when

[[Page 169]]

the position has been described by reference to one or more horizontal 
angles, or by the bearing and distance from a charted landmark.
    (b) Each application shall have appended to it a list showing the 
type, model, name and address of the manufacturer of the lighting 
apparatus and sound signal equipment to be used.
    (c) Each application shall always specify the date the proposals 
contained therein are desired to be effective, and approval thereof must 
be obtained before the proposed action is undertaken.



Sec.  67.35-10  Private aids to navigation.

    See Sec.  67.15-10(b) for review of applications respecting private 
aids to navigation for spoil banks, artificial islands and dredged 
channels.



Sec.  67.35-15  To whom addressed.

    The applications and correspondence dealing with private aids to 
navigation and obstruction lighting should be addressed to the District 
Commander having jurisdiction over the area.



                       Subpart 67.40_Notification



Sec.  67.40-1  Notification to District Commander.

    (a) Class ``A'' structures. In the case of structures to be located 
in areas where Class ``A'' requirements must be met, notification shall 
be given to the District Commander of the approximate date work will 
commence, as soon as known after a permit is received from the Corps of 
Engineers, U.S. Army, or 30 days in advance, if possible. Persons 
constructing structures must notify the District Commander by either 
telegram or overnight mail on the day they begin construction. Within 
this notice, they must inform him or her of the lights and sound signals 
they will use during construction. When construction has been completed, 
the maintainer shall notify the District Commander to that effect by 
letter, stating whether or not the authorized obstruction lights and/or 
sound signals are in operation. Final notification by letter shall be 
given when the lights used for general illumination, to facilitate the 
construction or operation of the structure, have been discontinued and 
the authorized obstruction lights placed in operation.
    (b) Class ``B'' structures. Notification shall be given to the 
District Commander in the case of structures to be located in areas 
where Class ``B'' requirements must be met, in the same manner as 
prescribed in the case of Class ``A'' structures, except that the 
telegram on the day construction of the structure is commenced shall not 
be required.
    (c) Class ``C'' structures. Notification shall be given to the 
District Commander in the case of structures to be located in areas 
where Class ``C'' requirements must be met, upon completion of the 
structure.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by CGFR 62-32, 27 FR 
10101, Oct. 13, 1962; USCG-2001-10714, 69 FR 24984, May 5, 2004]



Sec.  67.40-5  Waivers.

    (a) The District Commander is authorized to modify or waive any 
requirement prescribed in this part whenever, in his or her judgment, 
the safety of marine commerce will not be impaired by so doing.
    (b) When the District Commander shall determine that changed 
circumstances in the case of a structure, whose obstruction lights and/
or sound signal have been modified or waived, constitutes a hazard to 
marine navigation, he or she is authorized to revoke or revise his or 
her previous action and to require the structure to be appropriately 
marked by suitable obstruction lights and/or sound signals in accordance 
with this part.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by USCG-2001-10714, 69 
FR 24984, May 5, 2004]



Sec.  67.40-10  Communication with owner.

    Communication with the owners of private aids to navigation by the 
District Commander shall be addressed to their usual or last known place 
of business, or to their local representative, if any. Communication 
shall be by the method considered appropriate for the circumstances.



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

    The District Commander may mark, for the protection of marine 
commerce,

[[Page 170]]

any structure whenever the owner thereof has failed suitably to mark the 
same in accordance with this part, and the owner shall reimburse the 
Coast Guard for all costs incurred.



Sec.  67.40-20  Charges invoiced to owner.

    Charges to the owner for the cost of marking a structure by the 
Coast Guard shall be determined in accordance with Part 74 of this 
subchapter. All such charges shall be invoiced to the owner beginning 
with the date such marking is established and shall continue until 
notice is received by the District Commander that the structure has been 
removed, or until the owner has applied for and been issued a permit by 
the District Commander to establish and operate the required obstruction 
lights and/or sound signals or other markings required by this part.



Sec.  67.40-25  Penalty.

    The penalty for violation is in section 1, 63 Stat. 501 (14 U.S.C. 
85), or section 4(e)(2) of the Outer Continental Shelf Lands Act (43 
U.S.C. 1333). Any person, firm, company, or corporation who shall fail 
or refuse to obey any of the lawful rules and regulations issued in this 
part or pursuant thereto shall be guilty of a misdemeanor and shall be 
fined not more than $100 for each offense. Each day during which such 
violation shall continue shall be considered a new offense.



                   Subpart 67.50_District Regulations



Sec.  67.50-1  Scope.

    (a) The regulations in this subpart shall apply to the structures 
which are located within the boundaries of the Coast Guard districts 
hereinafter defined.
    (b) Geographic coordinates expressed in terms of latitude or 
longitude, or both, are not intended for plotting on maps or charts 
whose referenced horizontal datum is the North American Datum of 1983 
(NAD 83), unless such geographic coordinates are expressly labeled NAD 
83. Geographic coordinates without the NAD 83 reference may be plotted 
on maps or charts referenced to NAD 83 only after application of the 
appropriate corrections that are published on the particular map or 
chart being used.

[CGD 86-082, 52 FR 33810, Sept. 8, 1987]



Sec.  67.50-5  First Coast Guard District.

    (a) Description. See Sec.  3.05-1 of this chapter.
    (b) Line of demarcation. There is no line of demarcation prescribed 
for this District. When required, it will be determined in accordance 
with Sec.  67.01-20.

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



Sec.  67.50-15  Fifth Coast Guard District.

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

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



Sec.  67.50-20  Seventh Coast Guard District.

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

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



Sec.  67.50-25  Eighth Coast Guard District.

    (a) Description. See Sec.  3.40-1 of this chapter.
    (b) Lines of demarcation. The two lines of demarcation described in 
this section are for administrative purposes to distinguish between the 
areas in which structures shall be subject to Class ``A'', ``B'' or 
``C'' requirements. The primary line of demarcation delimits the areas 
to the seaward of which Class ``A'' requirements are imposed. The 
secondary line of demarcation delimits the areas to the shoreward of 
which Class ``C'' requirements are imposed. In those areas where no 
secondary line of demarcation is prescribed, the structures shoreward of 
the primary line of demarcation are considered to be Class

[[Page 171]]

``C'' structures. Class ``B'' requirements are imposed on the structures 
in the areas between the two lines of demarcation.
    (1) The coordinates of the primary line of demarcation within the 
jurisdiction of the District Commander are as follows:
    (i) Commencing at a point at Lat. 30 deg.11.3 N., Long. 
88 deg.03.0 W., thence to;
    (ii) A point at Lat. 30 deg.11.5 N., Long. 88 deg.31.7 W., thence 
to;
    (iii) A point at Lat. 30 deg.12.7 N., Long. 88 deg.58.0 W., thence 
to;
    (iv) A point due west of (iii) at Long. 89 deg.00 W., thence to;
    (v) A point at Lat. 30 deg.08.0 N., Long. 89 deg.00 W., thence to;
    (vi) A point at Lat. 30 deg.04.7 N., Long. 88 deg.53.7 W., thence 
via a line two miles to seaward around Chandeleur Island to;
    (vii) A point at Lat. 29 deg.34.0 N., Long. 89 deg.00 W., thence 
to;
    (viii) A point at Lat. 29 deg.15.0 N., Long. 89 deg.00 W., thence 
to;
    (ix) A point at Lat. 29 deg.14.0 N., Long. 88 deg.57.7 W., thence 
to;
    (x) A point at Lat. 29 deg.10.0 N., Long. 88 deg.57.0 W., thence 
to;
    (xi) A point at Lat. 29 deg.03.6 N., Long. 89 deg.02.3 W., thence 
via the five fathom curve to;
    (xii) A point at latitude 28 deg.58.1 N., longitude 89 deg.09.6 
W., thence to;
    (xiii) A point at latitude 28 deg.57.8 N., longitude 89 deg.13.6 
W., thence to;
    (xiv) A point at latitude 28 deg.57.8 N., longitude 89 deg.19.5 
W., thence to;
    (xv) A point at latitude 28 deg.53.8 N., longitude 89 deg.25.7 W., 
thence to;
    (xvi) A point at latitude 28 deg.52.6 N., longitude 89 deg.25.9 
W., thence via the 10 fathom curve to;
    (xvii) A point at latitude 29 deg.00 N., longitude 89 deg.34.0 W., 
thence to;
    (xviii) A point at latitude 29 deg.00 N., longitude 90 deg.05.0 
W., thence to;
    (xix) A point at latitude 28 deg.46.3 N., longitude 91 deg.07.5 
W., thence to;
    (xx) A point at latitude 29 deg.11.5 N., longitude 92 deg.21.0 W., 
thence to;
    (xxi) A point at latitude 29 deg.29.0 N., longitude 92 deg.32.3 
W., thence via the 5 fathom curve to;
    (xxii) A point at latitude 29 deg.41.2 N., longitude 93 deg.19.9 
W., thence to;
    (xxiii) A point at latitude 29 deg.38.7 N., longitude 93 deg.49.4 
W., thence to;
    (xxiv) A point on the 5 fathom curve at latitude 29 deg.35.8 N., 
longitude 94 deg.00 W., thence via the 5 fathom curve to;
    (xxv) A point at latitude 29 deg.26.7 N., longitude 94 deg.30.0 
W., thence to;
    (xxvi) A point at latitude 28 deg.55.3 N., longitude 95 deg.16.3 
W., thence to;
    (xxvii) A point at latitude 28 deg.54.9 N., longitude 95 deg.15.6 
W., thence to;
    (xxviii) A point at latitude 28 deg.19.3 N., longitude 96 deg.23.3 
W., thence to;
    (xxix) A point at latitude 27 deg.49.5 N., longitude 97 deg.01.2 
W., thence to;
    (xxx) A point on the 10 fathom curve at latitude 27 deg.30.0 N., 
longitude 97 deg.10.0 W., thence via the 10 fathom curve to;
    (xxxi) A point at latitude 27 deg.00 N., longitude 97 deg.17.5 W., 
thence to;
    (xxxii) A point at latitude 26 deg.04.1 N., longitude 97 deg.08.6 
W.
    (2) The coordinates of the secondary line of demarcation within the 
jurisdiction of the District Commander are as follows:
    (i) Commencing at a point in Breton Sound at Lat. 29 deg.34.0 N., 
Long. 89 deg.00.0 W., thence to;
    (ii) A point at Lat. 29 deg.30.0 N., Long. 89 deg.10.0 W., thence 
to;
    (iii) A point at Lat. 29 deg.20.9 N., Long. 89 deg.10.0 W., thence 
to;
    (iv) A point at Lat. 29 deg.15.3 N., Long. 89 deg.04.0 W., thence 
to;
    (v) A point at Lat. 29 deg.14.1 N., Long. 88 deg.59.0 W., thence 
to;
    (vi) A point at Lat. 29 deg.08.6 N., Long. 88 deg.58.3 W., thence 
to;
    (vii) A point at Lat. 29 deg.02.1 N., Long. 89 deg.06.6 W., thence 
to;
    (viii) A point at Lat. 28 deg.58.1 N., Long. 89 deg.08.4 W., 
thence to;
    (ix) A point at Lat. 29 deg.01.1 N., Long. 89 deg.16.1 W., thence 
to;
    (x) A point at Lat. 28 deg.53.7 N., Long. 89 deg.26.0 W., thence 
to;
    (xi) A point at Lat. 28 deg.54.3 N., Long. 89 deg.27.5 W., thence 
to;
    (xii) A point at Lat. 29 deg.02.2 N., Long. 89 deg.24.2 W., thence 
to;
    (xiii) A point at Lat. 29 deg.11.8 N., Long. 89 deg.30.0 W., 
thence to;
    (xiv) A point at Lat. 29 deg.17.9 N., Long. 89 deg.46.6 W., thence 
to;
    (xv) A point at Lat. 29 deg.17.1 N., Long. 89 deg.50.8 W., thence 
to;
    (xvi) A point at Lat. 29 deg.14.5 N., Long. 89 deg.55.1 W., thence 
to;
    (xvii) A point at Lat. 29 deg.10.9 N., Long. 90 deg.02.9 W., 
thence to;

[[Page 172]]

    (xviii) A point at Lat. 29 deg.05.5 N., Long. 90 deg.10.0 W., 
thence to;
    (xix) A point at Lat. 29 deg.04.5 N., Long. 90 deg.12.0 W., thence 
to;
    (xx) A point at Lat. 29 deg.02.0 N., Long., 90 deg.20.8 W., thence 
to;
    (xxi) A point at Lat. 29 deg.01.9 N., Long. 90 deg.24.9 W., thence 
to;
    (xxii) A point at Lat. 29 deg.03.6 N., Long. 90 deg.32.8 W., 
thence to;
    (xxiii) A point at Lat. 29 deg.01.9 N., Long. 90 deg.41.7 W., 
thence to;
    (xxiv) A point at Lat. 29 deg.00.8 N., Long. 90 deg.50.0 W., 
thence to;
    (xxv) A point at Lat. 29 deg.02.4 N., Long. 91 deg.01.5 W., thence 
to;
    (xxvi) A point at Lat. 29 deg.28.5 N., Long. 92 deg.10.1 W., 
thence to;
    (xxvii) A point at Lat. 29 deg.31.1 N., Long. 92 deg.21.8 W., 
thence to;
    (xxviii) A point at Lat. 29 deg.34.1 N., Long. 92 deg.39.3 W., 
thence to;
    (xxix) A point at Lat. 29 deg.41.1 N., Long. 92 deg.57.2 W., 
thence to;
    (xxx) A point at Lat. 29 deg.44.6 N., Long. 93 deg.07.9 W., thence 
to;
    (xxxi) A point at Lat. 29 deg.45.6 N., Long. 93 deg.13.7 W., 
thence to;
    (xxxii) A point at Lat. 29 deg.45.6 N., Long. 93 deg.17.3 W., 
thence to;
    (xxxiii) A point at Lat. 29 deg.44.3 N., Long. 93 deg.21.0 W., 
thence to;
    (xxxiv) A point at Lat. 29 deg.45.3 N., Long. 93 deg.30.0 W., 
thence to;
    (xxxv) A point at Lat. 29 deg.43.3 N., Long. 93 deg.43.7 W., 
thence to;
    (xxxvi) A point at Lat. 29 deg.41.0 N., Long. 93 deg.48.8 W., 
thence to;
    (xxxvii) A point at Lat. 29 deg.38.8 N., Long. 93 deg.50.8 W., 
thence to;
    (xxxviii) A point at Lat. 29 deg.40.0 N., Long. 93 deg.57.3 W., 
thence to;
    (xxxix) A point at Lat. 29 deg.39.3 N., Long. 94 deg.05.0 W., 
thence to;
    (xl) A point at Lat. 29 deg.27.0 N., Long. 94 deg.37.0 W., thence 
to;
    (xli) A point at Lat. 29 deg.23.1 N., Long. 94 deg.42.6 W., thence 
to;
    (xlii) A point at Lat. 29 deg.20.4 N., Long. 94 deg.41.5 W., 
thence to;
    (xliii) A point at Lat. 29 deg.06.6 N., Long. 95 deg.04.4 W., 
thence to;
    (xliv) A point at Lat. 29 deg.04.6 N., Long. 95 deg.05.7 W., 
thence to;
    (xlv) A point at Lat. 29 deg.02.0 N., Long. 95 deg.10.0 W., thence 
to;
    (xlvi) A point at Lat. 28 deg.57.3 N., Long. 95 deg.16.2 W., 
thence to;
    (xlvii) A point at Lat. 28 deg.55.3 N., Long. 95 deg.17.9 W., 
thence to;
    (xlviii) A point at Lat. 28 deg.39.5 N., Long. 95 deg.48.4 W., 
thence to;
    (xlix) A point at Lat. 28 deg.32.1 N., Long. 96 deg.06.9 W., 
thence to;
    (l) A point at Lat. 28 deg.26.4 N., Long. 96 deg.17.8 W., thence 
to;
    (li) A point at Lat. 28 deg.23.6 N., Long. 96 deg.21.5 W., thence 
to;
    (lii) A point at Lat. 28 deg.19.7 N., Long. 96 deg.23.3 W., thence 
to;
    (liii) A point at Lat. 28 deg.19.3 N., Long. 96 deg.25.2 W., 
thence to;
    (liv) A point at Lat. 28 deg.14.8 N., Long. 96 deg.35.0 W., thence 
to;
    (lv) A point at Lat. 28 deg.09.1 N., Long. 96 deg.43.8 W., thence 
to;
    (lvi) A point at Lat. 28 deg.02.4 N., Long. 96 deg.52.2 W., thence 
to;
    (lvii) A point at Lat. 27 deg.56.2 N., Long. 96 deg.58.3 W., 
thence to;
    (lviii) A point at Lat. 27 deg.52.8 N., Long. 97 deg.01.1 W., 
thence to;
    (lix) A point at Lat. 27 deg.49.3 N., Long. 97 deg.03.0 W., thence 
to;
    (lx) A point at Lat. 27 deg.46.4 N., Long. 97 deg.05.6 W., thence 
to;
    (lxi) A point at Lat. 27 deg.38.9 N., Long. 97 deg.10.6 W., thence 
to;
    (lxii) A point at Lat. 27 deg.28.3 N., Long. 97 deg.16.2 W., 
thence to;
    (lxiii) A point at Lat. 27 deg.21.9 N., Long. 97 deg.18.9 W., 
thence to;
    (lxiv) A point at Lat. 27 deg.13.7 N., Long. 97 deg.21.2 W., 
thence to;
    (lxv) A point at Lat. 27 deg.05.4 N., Long. 97 deg.22.3 W., thence 
to;
    (lxvi) A point at Lat. 26 deg.57.1 N., Long. 97 deg.22.2 W., 
thence to;
    (lxvii) A point at Lat. 26 deg.48.9 N., Long. 97 deg.20.9 W., 
thence to;
    (lxviii) A point at Lat. 26 deg.39.1 N., Long. 97 deg.18.1 W., 
thence to;
    (lxix) A point at Lat. 26 deg.28.8 N., Long. 07 deg.14.3 W., 
thence to;
    (lxx) A point at Lat. 26 deg.18.3 N., Long. 97 deg.11.3 W., thence 
to;
    (lxxi) A point at Lat. 26 deg.11.7 N., Long. 97 deg.10.2 W., 
thence to;
    (lxxii) A point at Lat. 26 deg.04.8 N., Long. 97 deg.09.3 W., 
thence to;
    (lxxiii) A point at Lat. 26 deg.04.2 N., Long. 97 deg.08.8 W., 
thence to;
    (lxxiv) A point at Lat. 25 deg.58.3 N., Long. 97 deg.08.3 W.
    (c) Seismographic and surveying operations. (1) All stakes and 
casings

[[Page 173]]

(pipes), except bamboo poles and wooden stakes less than 2 inches in 
diameter, placed in the water during seismographic or surveying 
operations shall be marked with flags during the daylight hours. Those 
casings remaining in place during the hours of darkness shall be marked 
by a red light as prescribed in Subpart 67.30 of this part.
    (2) All buoys used during seismographic operations shall be painted 
with international orange and white horizontal bands. The buoys shall be 
of light construction in order that they will not present a hazard to 
marine commerce.
    (d) Spoil marking. (1) All submerged spoil resulting from the 
dredging of channels, laying of pipelines, or any other operation, which 
constitutes an obstruction to navigation, shall be properly marked. The 
spoil banks should be examined at frequent intervals in order that the 
changing conditions may be kept under control. As markers are no longer 
required due to settling of banks, the Coast Guard will authorize their 
removal upon application.
    (2) All openings in such submerged spoil shall be marked by 
daybeacons on each side of the openings. When spoil is located on each 
side of a channel or pipe line, each bank will be considered separately. 
The daybeacons shall be equipped with arrows designating the safe water 
through the opening. These daybeacons may also be used as channel 
markers for the dredged channels providing they are also equipped with 
arrows designating the spoil bank openings.
    (3) When spoil banks constituting an obstruction to navigation abut 
an established traveled waterway, the outboard spoil bank markers shall 
be equipped with quick flashing lights described in Subpart 67.30 of 
this part, except that the color shall be in accordance with the 
provisions of Subpart 62.25 of Part 62 of this subchapter.
    (e) Applications. All applications for private aids to navigation 
and all correspondence dealing with private aids to navigation and 
obstruction lighting must be addressed to Commander (oan), Eighth Coast 
Guard District, Hale Boggs Federal Building, 501 Magazine Street, New 
Orleans, Louisiana 70130-3396.
    (f) Enclosures. Applicants shall append on a separate sheet with 
each application, the description, including manufacturer, of 
obstruction lights and sound signals.
    (g) Corps of Engineers correspondence. A copy of all correspondence 
directed to the District Engineer, Corps of Engineers, U.S. Army, in 
accordance with condition (i) of the Department of the Army permit, 
shall be forwarded to the District Commander for those operations 
conducted under permits authorizing the erection of structures in areas 
in which Class ``A'', Class ``B'', or Class ``C'' requirements must be 
met.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by CGFR 61-40, 26 FR 
10353, Nov. 3, 1961; CGFR 65-34, 30 FR 9485, July 29, 1965; CGFR 68-95, 
33 FR 15285, Oct. 15, 1968; USCG-2000-7223, 65 FR 40055, June 29, 2000; 
USCG-2001-9286, 66 FR 33640, June 25, 2001]



Sec.  67.50-30  Ninth Coast Guard District.

    (a) Description. See Sec.  3.45-1 of this chapter.
    (b) Line of demarcation. There is no line of demarcation prescribed 
for this District. When required, it will be determined in accordance 
with Sec.  67.01-20.

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



Sec.  67.50-35  Eleventh Coast Guard District.

    (a) Description. See Sec.  3.55-1 of this chapter.
    (b) Line of Demarcation. The line of demarcation described in this 
section is for administrative purposes to distinguish between the areas 
in which structures shall be subject to Class ``A'', ``B'', or ``C'' 
requirements. The line delimits the areas to seaward of which class 
``A'' requirements are imposed. The line of demarcation within the 
jurisdiction of the District Commander is defined as follows:
    (1) Commencing at a point of latitude 41 deg.59.8 N., longitude 
124 deg.19.5 W., thence southward along the seaward limit of the 
territorial sea to;
    (2) A point at latitude 32 deg.32.0 N, longitude 117 deg.11.0 W.
    (c) Structures located within a half nautical mile of Traffic 
Separation

[[Page 174]]

Scheme Los Angeles/Long Beach will also be subject to class ``A'' 
requirements. The traffic separation scheme is depicted on National 
Ocean Service Charts 18740, 18720, 18725, 18746, 18721.

[CGD11-86-02, 52 FR 37613, Oct. 8, 1987]



Sec.  67.50-45  Thirteenth Coast Guard District.

    (a) Description. See Sec.  3.65-1 of this chapter.
    (b) Line of demarcation. There is no line of demarcation prescribed 
for this District. When required, it will be determined in accordance 
with Sec.  67.01-20.

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



Sec.  67.50-50  Seventeenth Coast Guard District.

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

[CGFR 68-95, 33 FR 15285, Oct. 15, 1968]



PART 70_INTERFERENCE WITH OR DAMAGE TO AIDS TO NAVIGATION--Table of Contents



           Subpart 70.01_Interference With Aids to Navigation

Sec.
70.01-1 General provisions.
70.01-5 Penalty.

      Subpart 70.05_Collision With or Damage to Aids to Navigation

70.05-1 General provisions.
70.05-5 Penalty.
70.05-10 Revocation of merchant mariner credential officer endorsement 
          or license.
70.05-15 Liability for damages.
70.05-20 Report required.

    Authority: Secs. 14, 16, 30 Stat. 1152, 1153; secs. 84, 86, 92, 633, 
642, 63 Stat. 500, 501, 503, 545, 547 (33 U.S.C. 408, 411, 412; 14 
U.S.C. 84, 86, 92, 633, 642).



           Subpart 70.01_Interference With Aids to Navigation



Sec.  70.01-1  General provisions.

    No person, excluding the Armed Forces, shall obstruct or interfere 
with any aid to navigation established and maintained by the Coast 
Guard, or any private aid to navigation established and maintained in 
accordance with part 64, 66, 67, or 68 of this subchapter.

[CGFR 58-17, 23 FR 3383, May 20, 1958]



Sec.  70.01-5  Penalty.

    Any person violating the provisions of this section shall be deemed 
guilty of a misdemeanor and be subject to a fine not exceeding the sum 
of $500 for each offense, and each day during which such violation shall 
continue shall be considered a new offense.

[CGFR 52-15, 18 FR 12, Jan. 1, 1953]



      Subpart 70.05_Collision With or Damage to Aids to Navigation

    Source: CGFR 52-15, 18 FR 12, Jan. 1, 1953, unless otherwise noted.



Sec.  70.05-1  General provisions.

    No person shall take possession of or make use of for any purpose, 
or build upon, alter, deface, destroy, move, injure, obstruct by 
fastening vessels thereto or otherwise, or in any manner whatever impair 
the usefulness of any aid to navigation established and maintained by 
the United States.



Sec.  70.05-5  Penalty.

    Every person and every corporation that shall violate, or that shall 
knowingly aid, abet, authorize, or instigate a violation of the 
provisions of Sec.  70.05-1 shall be guilty of a misdemeanor, and on 
conviction thereof shall be punished by a fine of up to $25,000 per day, 
or by imprisonment (in case of a natural person) for not less than 
thirty days nor more than one year, or both, one half of such fine to be 
paid to the person or persons giving information which shall lead to 
conviction.

[CGFR 52-15, 18 FR 12, Jan. 1, 1953, as amended by USCG-2009-0416, 74 FR 
27438, June 10, 2009]

[[Page 175]]



Sec.  70.05-10  Revocation of merchant mariner credential officer 
endorsement or license.

    Every master, pilot, and engineer, or person or persons acting in 
such capacity, respectively, on board any boat or vessel who shall 
willfully injure or destroy an aid to navigation established and 
maintained by the United States shall be deemed guilty of violating the 
provisions of Sec.  70.05-1 and shall upon conviction be punished as 
provided in Sec.  70.05-5 and shall also have his merchant mariner 
credential officer endorsement or license revoked or suspended for a 
term to be fixed by the judge before whom tried and convicted.

[CGFR 52-15, 18 FR 12, Jan. 1, 1953, as amended by USCG-2006-24371, 74 
FR 11211, Mar. 16, 2009]



Sec.  70.05-15  Liability for damages.

    Any boat, vessel, scow, raft or other craft used or employed in 
violating any of the provisions of Sec.  70.05-1 shall be liable for the 
pecuniary penalties specified in Sec.  70.05-5, and in addition thereto 
for the amount of damage done by said boat, vessel, scow, raft or other 
craft, which may be proceeded against summarily by way of libel in any 
district court of the United States having jurisdiction thereof.



Sec.  70.05-20  Report required.

    Whenever any vessel collides with an aid to navigation established 
and maintained by the United States or any private aid to navigation 
established or maintained in accordance with Part 64, 66, 67, or 68 of 
this subchapter, or is connected with any such collision, it shall be 
the duty of the person in charge of such vessel to report the accident 
to the nearest Officer in Charge, Marine Inspection, in accordance with 
46 CFR 4.

[CGFR 58-17, 23 FR 3383, May 20, 1958, as amended by CGFR 61-55, 26 FR 
12572, Dec. 28, 1961; CGD 97-023, 62 FR 33362, June 19, 1997]



PART 72_MARINE INFORMATION--Table of Contents



                    Subpart 72.01_Notices to Mariners

Sec.
72.01-1 Purpose.
72.01-5 Local Notice to Mariners.
72.01-10 Notice to Mariners.
72.01-15--72.01-20 [Reserved]
72.01-25 Marine broadcast notice to mariners.
72.01-30 Temporary deficiencies.
72.01-35 [Reserved]
72.01-40 Single copies.

                        Subpart 72.05_Light Lists

72.05-1 Purpose.
72.05-5 [Reserved]
72.05-10 Free distribution.

    Authority: 14 U.S.C. 85, 633; 43 U.S.C. 1333; Department of Homeland 
Security Delegation No. 0170.1.



                    Subpart 72.01_Notices to Mariners



Sec.  72.01-1  Purpose.

    The Coast Guard issues information concerning the establishment of 
aids to maritime navigation and the changes, discontinuances, and 
deficiencies, except temporary deficiencies that are easily correctable, 
of aids to maritime navigation maintained and operated by or under the 
authority of the Coast Guard in documents and marine broadcasts having 
the general title of ``Notice to Mariners.'' This subpart describes the 
publications and the marine broadcasts.

[CGD 70-147R, 37 FR 10669, May 26, 1972]



Sec.  72.01-5  Local Notice to Mariners.

    (a) ``Local Notice to Mariners'' reports changes to and deficiencies 
in aids to navigation that are established or maintained and operated by 
or under the authority of the Coast Guard, and any other information 
pertaining to the waterways within each Coast Guard district that is of 
interest to the mariner.
    (b) ``Local Notices to Mariners'' are published weekly by each Coast 
Guard district or more often if there is a need to notify mariners of 
local waterway information. Local Notices to Mariners are available for 
viewing on the Coast Guard Navigation Center Web site at http://
www.navcen.uscg.gov/?pageName=lnmMain.
    (c) Any person may apply to the Coast Guard Navigation Center to 
receive automatic notices via email when new editions of the Local 
Notices to Mariners are available. Apply at http://

[[Page 176]]

www.navcen.uscg.gov/?pageName=listServerForm.

[CGD 70-147R, 37 FR 10669, May 26, 1972, as amended by USCG-2001-10714, 
69 FR 24984, May 5, 2004; USCG-2013-0397, 78 FR 39170, July 1, 2013; 
USCG-2015-0433, 80 FR 44279, July 27, 2015]



Sec.  72.01-10  Notice to Mariners.

    (a) ``Notice to Mariners'' is intended to advise mariners of new 
hydrographic discoveries, changes in channels and navigational aids, and 
information concerning the safety of navigation. ``Notice to Mariners'' 
also contains information--
    (1) Useful in updating the latest editions of charts and 
publications of the National Geospatial-Intelligence Agency, National 
Ocean Service, U.S. Army Corps of Engineers, and Coast Guard;
    (2) Selected from the ``Local Notice to Mariners'' issued and 
published by the 1 \st\, 5 \th\, 7 \th\, 8 \th\, 9 \th\, 11 \th\, 13 
\th\, 14 \th\, and 17 \th\ Coast Guard districts; and
    (3) Compiled from foreign notices to mariners, ship reports, and 
similar cooperating observer reports.
    (b) ``Notice to Mariners'' is published weekly by the National 
Geospatial-Intelligence Agency. The ``Notice to Mariners'' is prepared 
jointly by the:
    (1) Coast Guard;
    (2) National Ocean Service; and
    (3) National Geospatial-Intelligence Agency.
    (c) This notice may be accessed through the National Geospatial-
Intelligence Agency's Web site (http://msi.nga.mil/NGAPortal/
MSI.portal); look for ``Notice to Mariners''.

[CGD 97-023, 62 FR 33362, June 19, 1997, as amended by USCG-2001-9286, 
66 FR 33640, June 25, 2001; USCG-2001-10714, 69 FR 24984, May 5, 2004; 
USCG-2009-0416, 74 FR 27438, June 10, 2009; USCG-2013-0397, 78 FR 39170, 
July 1, 2013]



Sec. Sec.  72.01-15--72.01-20  [Reserved]



Sec.  72.01-25  Marine broadcast notice to mariners.

    (a) The Coast Guard broadcasts notices to mariners on its own or 
U.S. Navy radio stations to report navigational warnings containing 
information of importance to the safety of navigation of vessels, such 
as the position of ice and derelicts, defects, and changes to aids to 
navigation, and drifting mines. Radio stations broadcasting marine 
information are listed in ``Radio Navigational Aids'' (National 
Geospatial-Intelligence Agency Publication 117) and United States Coast 
Pilots.
    (b) Any person may view or download ``Radio Navigational Aids'' from 
the National Geospatial-Intelligence Agency's Web site (http://
msi.nga.mil/NGAPortal/MSI.portal); look for ``Publications.''
    (c) Any person may purchase United States Coast Pilots from NOAA 
Certified Printer Partners listed at http://www.nauticalcharts.noaa.gov/
staff/print--agents.htmlmapTabs-2.

[CGD 97-023, 62 FR 33362, June 19, 1997; USCG-2001-9286, 66 FR 33640, 
June 25, 2001; USCG-2006-25150, 71 FR 39208, July 12, 2006; USCG-2009-
0416, 74 FR 27438, June 10, 2009; USCG-2013-0397, 78 FR 39171, July 1, 
2013; USCG-2015-0433, 80 FR 44279, July 27, 2015]



Sec.  72.01-30  Temporary deficiencies.

    Temporary deficiencies in aids to navigation are not published in 
Notices to Mariners when it is known that the defects will be corrected 
promptly.

[CGFR 52-15, 18 FR 13, Jan. 1, 1953]



Sec.  72.01-35  [Reserved]



Sec.  72.01-40  Single copies.

    Single copies of the ``Notice to Mariners'' described in Sec.  
72.01-10 may be viewed at the National Geospatial-Intelligence Agency's 
Web site at http://msi.nga.mil/NGAPortal/MSI.portal.

[USCG-2015-0433, 80 FR 44279, July 27, 2015]



                        Subpart 72.05_Light Lists



Sec.  72.05-1  Purpose.

    (a) The Coast Guard publishes the following Light Lists annually, 
covering the waters of the United States, its territories and 
possessions:
    (1) Volume I, Atlantic Coast, from St. Croix River, Maine, to 
Shrewsbury River, New Jersey.
    (2) Volume II, Atlantic Coast, from Shrewsbury River, New Jersey, to 
Little River, South Carolina.

[[Page 177]]

    (3) Volume III, Atlantic and Gulf Coasts, from Little River, South 
Carolina, to Econfina River, Florida, including Puerto Rico and the U.S. 
Virgin Islands.
    (4) Volume IV, Gulf of Mexico, from Econfina River, Florida to Rio 
Grande, Texas.
    (5) Volume V, Mississippi River System.
    (6) Volume VI, Pacific Coast and Pacific Islands.
    (7) Volume VII, Great Lakes.
    (b) The Light Lists contain the official name, location, 
characteristics, and general description of federal, state, and private 
aids to navigation maintained by or under authority of the U.S. Coast 
Guard, which are placed in navigable waters used by general navigation. 
The Light Lists do not contain information concerning private aids to 
navigation maintained under the authority of the U.S. Coast Guard, which 
are placed in navigable waters not used by general navigation; nor do 
they contain information concerning mooring buoys and some special marks 
having no lateral significance such as fish net, dredging, and racing 
buoys.

(14 U.S.C. 93; 49 U.S.C. 108; 49 CFR 1.46)

[CGFR 60-63, 25 FR 8949, Sept. 17, 1960, as amended by CGFR 63-48, 28 FR 
10379, Sept. 25, 1963; CGD 85-042, 50 FR 50904, Dec. 13, 1985; CGD 88-
105, 54 FR 12612, Mar. 28, 1989; USCG-2001-9286, 66 FR 33640, June 25, 
2001; USCG-2015-0433, 80 FR 44279, July 27, 2015]



Sec.  72.05-5  [Reserved]



Sec.  72.05-10  Free distribution.

    The Light List, including weekly updates, may be downloaded through 
the Coast Guard Navigation Center's Web site (http://
www.navcen.uscg.gov/?pageName=lightlists). A notice advising mariners of 
the availability of new editions of the Light Lists will be published in 
the Coast Guard Local Notice to Mariners and the National Geospatial-
Intelligence Agency's Notice to Mariners.

[USCG-2015-0433, 80 FR 44279, July 27, 2015]



PART 74_CHARGES FOR COAST GUARD AIDS TO NAVIGATION WORK--Table of Contents



                   Subpart 74.01_Charges to the Public

Sec.
74.01-1 Claim for damage, destruction, or displacement.
74.01-10 Charges invoiced to owner for marking sunken wrecks and other 
          obstructions to navigation.
74.01-15 Charges for placement of temporary aids.
74.01-20 Deposit of payment in special account.

                 Subpart 74.20_Aids to Navigation Costs

74.20-1 Buoy and vessel use costs.

    Authority: 14 U.S.C. 81, 85, 86, 92, 93, 141, 633, 642, 647; 49 CFR 
1.46 (b).

    Source: CGFR 58-50, 24 FR 5608, July 11, 1959, unless otherwise 
noted.



                   Subpart 74.01_Charges to the Public



Sec.  74.01-1  Claim for damage, destruction, or displacement.

    Whenever an aid to navigation is damaged, destroyed, or displaced 
from its station, a claim shall be made on behalf of the United States 
in accordance with Part 25 of this title.

[CGFR 70-7, 35 FR 4048, Mar. 4, 1970]



Sec.  74.01-10  Charges invoiced to owner for marking sunken wrecks and
other obstructions to navigation.

    Charges for the establishment, maintenance, and replacement by the 
Coast Guard of an aid, either permanent or temporary, to mark a sunken 
wreck or other obstruction to navigation are calculated to recover the 
Coast Guard costs involved in, or associated with, the marking process. 
These charges will be invoiced to the owner of the obstruction. Charges 
for the removal of aids to navigation established by the Coast Guard 
will be invoiced to the owner unless the District Engineer requests the 
continued marking of the obstruction. All charges will be assessed in 
accordance with Subpart 74.20 of this part.

[CGD 81-051, 48 FR 15468, Apr. 11, 1983]

[[Page 178]]



Sec.  74.01-15  Charges for placement of temporary aids.

    Charges for placement of temporary aids will be reimbursable and in 
accordance with Subpart 74.20 of this part. Where the placement of 
temporary aids other than those specified is made, a reasonable 
equivalence will be determined, and charges made accordingly.



Sec.  74.01-20  Deposit of payment in special account.

    Whenever an aid to navigation or other property belonging to the 
Coast Guard is damaged or destroyed by a private person, such person 
shall pay to the satisfaction of the Coast Guard the cost of repair or 
replacement of such property. The Coast Guard will accept and deposit 
such payment in a special account in the Treasury for payment therefrom 
of the cost of repairing or replacing the damaged property. Funds 
collected in excess of the cost to make repairs or replacements shall be 
refunded.



                 Subpart 74.20_Aids to Navigation Costs



Sec.  74.20-1  Buoy and vessel use costs.

    (a) The buoy and vessel use costs for establishing, maintaining, 
repairing, replacing, or removing an aid to navigation under the 
requirements of this part are contained in COMDTINST 7310 (series) which 
is available from the District Budget Office of the appropriate Coast 
Guard District Commander.
    (b) Buoy and vessel use charges under this part are made for the 
cost or value of time, in hours, consumed by the Government vessel, 
including ship's complement, employed in marking the obstruction. No 
charge for time and expense of Coast Guard vessels is made when the 
marking of the obstruction causes only minimal interruption of routinely 
scheduled ship's duty.

[CGD 81-051, 48 FR 15468, Apr. 11, 1983, as amended by USCG-2000-7223, 
65 FR 40055, June 29, 2000]



PART 76_SALE AND TRANSFER OF AIDS TO NAVIGATION EQUIPMENT--Table of Contents



                     Subpart 76.01_Sale of Equipment

Sec.
76.01-1 Sale of equipment not readily procurable.
76.01-5 Sale of condemned equipment.

                     Subpart 76.10_Federal Agencies

76.10-1 Exemption.

    Authority: Sec. 92, 63 Stat. 503; sec. 641, 63 Stat. 547, as amended 
(14 U.S.C. 92, 641).

    Source: CGFR 52-15, 18 FR 14, Jan. 1, 1953, unless otherwise noted.



                     Subpart 76.01_Sale of Equipment



Sec.  76.01-1  Sale of equipment not readily procurable.

    The Commandant is authorized to sell aids to navigation apparatus or 
equipment to foreign, state, or municipal governments or departments 
thereof; parties required to maintain private aids to navigation to mark 
wrecks, piers, or other obstructions; contractors engaged on public 
works; and in other cases in which in the judgment of the Commandant the 
public interest may be served: Provided:
    (a) Such equipment has not been reported by the Coast Guard to the 
General Services Administration as excess (if the equipment has been 
reported to the General Services Administration as excess, the 
Commandant will submit the request to that administration for further 
action); and
    (b) Such equipment is not readily procurable in the open market. 
Requests to purchase such apparatus or equipment shall give sufficient 
reasons why the article or articles cannot be readily procured in the 
open market. If the Commandant considers that an article can be readily 
procured in the open market the prospective purchaser will be so 
informed, and given the names of dealers or manufacturers. Sales shall 
be invoiced at cost plus 25 percent for overhead. Proceeds of such sales 
shall be deposited in the Treasury to the credit of the current 
appropriation for operating expenses, Coast Guard.

[[Page 179]]



Sec.  76.01-5  Sale of condemned equipment.

    When any condemned supplies, materials, or equipment cannot be 
profitably used in work of the Coast Guard, they will be disposed of 
under appropriate regulations of the General Services Administration. 
Applications for purchase of such materials may be submitted to the 
Commandant who will process them for further action under the applicable 
regulations.



                     Subpart 76.10_Federal Agencies



Sec.  76.10-1  Exemption.

    Nothing in this part shall be construed to affect the regulations 
concerning the transfer of supplies, materials, equipment, or land 
between other Federal agencies.

[[Page 180]]



               SUBCHAPTER D_INTERNATIONAL NAVIGATION RULES





Special Note_Application of the 72 COLREGS to territories and 
possessions.--Table of Contents



    a. Article III of the Convention on the International Regulations 
for Preventing Collisons at Sea, 1972 (72 COLREGS), done at London, 
October 20, 1972, as rectified by Proces-Verbal of December 1, 1973, 
provides that a party may notify the Secretary-General of the 
International Maritime Organization (IMO, formerly Inter-Governmental 
Maritime Consultative Organization or IMCO) that it extends the 
application of the Convention to territory for which it is responsible 
for international relations. Since it is the intention of the United 
States that the 72 COLREGS apply to all U.S. territories and possessions 
to the same extent that the International Regulations for Preventing 
Collisions at Sea, 1960 (60 COLREGS) (16 USC 794, TIAS 5813) previously 
applied, the United States has given notice to the Secretary-General 
that the provisions of the 1972 COLREGS are applicable on July 15, 1977, 
to the following territories and possessions for which the United States 
is responsible for international relations:

Puerto Rico
Guam
The Canal Zone
The Virgin Islands of the United States
American Samoa
Midway Island
Wake Island
Johnston Island
Palmyra Island
Kingman Reef
Howland Island
Baker Island
Jarvis Island
Navassa Island

    b. In accordance with Article III, other parties to the Convention 
have notified the Secretary-General that application of 72 COLREGS is 
extended. These parties with their territorial extensions are listed in 
Table 1.

     Table 1. Territorial Extensions of Other Parties to 72 COLREGS
------------------------------------------------------------------------
                                               Territories to which 72
            Party to convention                 COLREGS are extended
------------------------------------------------------------------------
United Kingdom............................  Hong Kong.
------------------------------------------------------------------------

    Because earlier formulations of the COLREGS were not elaborated as 
treaties, they came into force by the almost simultaneous enactment of 
domestic legislation by the majority of maritime nations. The COLREGS 
were judicially considered as being customary international law, that is 
to say international law based upon the consensus of maritime nations 
rather than upon an express instrument. Because 72 COLREGS was 
elaborated as a treaty, and under usual treaty practice only parties are 
bound, there may be a period of time after the 72 COLREGS come into 
force during which the ships of a nation not party to 72 COLREGS might 
not be considered as being bound to comply with the convention. While it 
is most likely that the 72 COLREGS will rapidly achieve the status of 
customary international law, thereby obviating any concern on the part 
of the mariner as to whether a particular nation is a party, it does not 
necessarily follow that the courts in all nations will apply 72 COLREGS 
to the vessels of a non-party nation. In the absence of changes in their 
domestic law there may be certain nations that will feel compelled to 
continue 60 COLREGS in force, despite the coming into force of 72 
COLREGS.
    The following nations are Contracting Parties for which 72 COLREGS 
will apply upon the Convention's entry into force:

Algeria
Bahamas
Belgium
Brazil
Bulgaria
Canada
Denmark
Finland
France
German Democratic Republic
Germany, Federal Republic
Ghana
Greece
Hungary
Iceland
India
Liberia
Mexico
Monaco
Netherlands
New Zealand
Nigeria
Norway
Papua New Guinea
Poland
Romania
South Africa
Spain
Sweden
Switzerland
Syrian Arab Republic
USSR
United Kingdom
United States
Yugloslavia
Zaire

    The following nations have accepted the 60 COLREGS but are not 
Contracting Parties to 72 COLREGS:
Argentina
Australia
Austria
Barbados
Burma
China
Cuba
Cyprus
Czechoslovakia
Ecuador
Egypt
Fiji
Gambia
Indonesia
Ireland
Israel
Italy
Ivory Coast
Jamaica
Japan
Kuwait
Lebanon
Libyan Arab Republic

[[Page 181]]


Madagascar
Maldives
Morocco
Oman
Pakistan
Paraguay
Peru
Philippines
Portugal
Republic of Korea
Singapore
Surinam
Tonga
Trinidad
Tobago
Tunisia
Turkey
United Republic of
Cameroon

[CGD 77-075, 42 FR 26976, May 26, 1977. Redesignated by CGD 81-017, 46 
FR 28153, May 26, 1981; CGD 95-053, 61 FR 9, Jan. 2, 1996]



PART 80_COLREGS DEMARCATION LINES--Table of Contents



                                 General

Sec.
80.01 General basis and purpose of demarcation lines.

                             Atlantic Coast

                             first district

80.105 Calais, ME to Cape Small, ME.
80.110 Casco Bay, ME.
80.115 Portland Head, ME to Cape Ann, MA.
80.120 Cape Ann, MA to Marblehead Neck, MA.
80.125 Marblehead Neck, MA to Nahant, MA.
80.130 Boston Harbor entrance.
80.135 Hull, MA to Race Point, MA.
80.145 Race Point, MA to Watch Hill, RI.
80.150 Block Island, RI.
80.155 Watch Hill, RI to Montauk Point, NY.
80.160 Montauk Point, NY to Atlantic Beach, NY.
80.165 New York Harbor.

                             fifth district

80.501 Sandy Hook, NJ to Tom's River, NJ.
80.502 Tom's River, NJ to Cape May, NJ.
80.503 Delaware Bay.
80.505 Cape Henlopen, DE to Cape Charles, VA.
80.510 Chesapeake Bay Entrance, VA.
80.515 Cape Henry, VA to Cape Hatteras, NC.
80.520 Cape Hatteras, NC to Cape Lookout, NC.
80.525 Cape Lookout, NC to Cape Fear, NC.
80.530 Cape Fear, NC to New River Inlet, NC.

                            seventh district

80.703 Little River Inlet, SC to Cape Romain, SC.
80.707 Cape Romain, SC to Sullivans Island, SC.
80.710 Charleston Harbor, SC.
80.712 Morris Island, SC to Hilton Head Island, SC.
80.715 Savannah River.
80.717 Tybee Island, GA to St. Simons Island, GA.
80.720 St. Simons Island, GA to Amelia Island, FL.
80.723 Amelia Island, FL to Cape Canaveral, FL.
80.727 Cape Canaveral, FL to Miami Beach, FL.
80.730 Miami Harbor, FL.
80.735 Miami, FL to Long Key, FL.

                     Puerto Rico and Virgin Islands

                            seventh district

80.738 Puerto Rico and Virgin Islands.

                               Gulf Coast

                            seventh district

80.740 Long Key, FL to Cape Sable, FL.
80.745 Cape Sable, FL to Cape Romano, FL.
80.748 Cape Romano, FL to Sanibel Island, FL.
80.750 Sanibel Island, FL to St. Petersburg, FL.
80.753 St. Petersburg, FL to Anclote, FL.
80.755 Anclote, FL to the Suncoast Keys, FL.
80.757 Suncoast Keys, FL to Horseshoe Point, FL.
80.760 Horseshoe Point, FL to Rock Island, FL.

                             eighth district

80.805 Rock Island, FL to Cape San Blas, FL.
80.810 Cape San Blas, FL to Perdido Bay, FL.
80.815 Mobile Bay, AL to the Chandeleur Islands, LA.
80.825 Mississippi Passes, LA.
80.830 Mississippi Passes, LA to Point Au Fer, LA.
80.835 Point Au Fer, LA to Calcasieu Pass, LA.
80.840 Sabine Pass, TX to Galveston, TX.
80.845 Galveston, TX to Freeport, TX.
80.850 Brazos River, TX to the Rio Grande, TX.

                              Pacific Coast

                            eleventh district

80.1102 Santa Catalina Island, CA.
80.1104 San Diego Harbor, CA.
80.1106 Mission Bay, CA.
80.1108 Oceanside Harbor, CA.
80.1110 Dana Point Harbor, CA.
80.1112 Newport Bay, CA.
80.1114 San Pedro Bay--Anaheim Bay, CA.
80.1116 Redondo Harbor, CA.
80.1118 Marina Del Rey, CA.
80.1120 Port Hueneme, CA.
80.1122 Channel Islands Harbor, CA.
80.1124 Ventura Marina, CA.
80.1126 Santa Barbara Harbor, CA.

[[Page 182]]

80.1130 San Luis Obispo Bay, CA.
80.1132 Estero--Morro Bay, CA.
80.1134 Monterey Harbor, CA.
80.1136 Moss Landing Harbor, CA.
80.1138 Santa Cruz Harbor, CA.
80.1140 Pillar Point Harbor, CA.
80.1142 San Francisco Harbor, CA.
80.1144 Bodega and Tomales Bay, CA.
80.1146 Albion River, CA.
80.1148 Noyo River, CA.
80.1150 Arcato--Humboldt Bay, CA.
80.1152 Crescent City Harbor, CA.

                           thirteenth district

80.1305 Chetco River, OR.
80.1310 Rogue River, OR.
80.1315 Coquille River, OR.
80.1320 Coos Bay, OR.
80.1325 Umpqua River, OR.
80.1330 Siuslaw River, OR.
80.1335 Alsea Bay, OR.
80.1340 Yaquina Bay, OR.
80.1345 Depoe Bay, OR.
80.1350 Netarts Bay, OR.
80.1355 Tillamook Bay, OR.
80.1360 Nehalem River, OR.
80.1365 Columbia River Entrance, OR/WA.
80.1370 Willapa Bay, WA.
80.1375 Grays Harbor, WA.
80.1380 Quillayute River, WA.
80.1385 Strait of Juan de Fuca
80.1390 Haro Strait and Strait of Georgia
80.1395 Puget Sound and adjacent waters.

                             Pacific Islands

                           fourteenth district

80.1410 Hawaiian Island Exemption from General Rule.
80.1420 Mamala Bay, Oahu, HI.
80.1430 Kaneohe Bay, Oahu, HI.
80.1440 Port Allen, Kauai, HI.
80.1450 Nawiliwili Harbor, Kauai, HI.
80.1460 Kahului Harbor, Maui, HI.
80.1470 Kawaihae Harbor, Hawaii, HI.
80.1480 Hilo Harbor, Hawaii, HI.
80.1490 Apra Harbor, U.S. Territory of Guam.
80.1495 U.S. Pacific Island Possessions.

                                 Alaska

                          seventeenth district

80.1705 Alaska.

    Authority: 14 U.S.C. 2; 14 U.S.C. 633; 33 U.S.C. 151(a).

    Source: CGD 77-118a, 42 FR 35784, July 11, 1977, unless otherwise 
noted. Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981.

                                 General



Sec.  80.01  General basis and purpose of demarcation lines.

    (a) The regulations in this part establish the lines of demarcation 
delineating those waters upon which mariners shall comply with the 
International Regulations for Preventing Collisions at Sea, 1972 (72 
COLREGS) and those water upon which mariners shall comply with the 
Inland Navigation Rules.
    (b) The waters inside of the lines are Inland Rules waters. The 
waters outside the lines are COLREGS waters.
    (c) Geographic coordinates expressed in terms of latitude or 
longitude, or both, are not intended for plotting on maps or charts 
whose referenced horizontal datum is the North American Datum of 1983 
(NAD 83), unless such geographic coordinates are expressly labeled NAD 
83. Geographic coordinates without the NAD 83 reference may be plotted 
on maps or charts referenced to NAD 83 only after application of the 
appropriate corrections that are published on the particular map or 
chart being used.

[CGD 82-029, 47 FR 19519, May 6, 1982, as amended by CGD 83-003, 48 FR 
7442, Feb. 18, 1983; CGD 86-082, 52 FR 33810, Sept. 8, 1987]

                             Atlantic Coast

                             first district



Sec.  80.105  Calais, ME to Cape Small, ME.

    The 72 COLREGS shall apply on the harbors, bays, and inlets on the 
east coast of Maine from International Bridge at Calais, ME to the 
southwesternmost extremity of Bald Head at Cape Small.



Sec.  80.110  Casco Bay, ME.

    (a) A line drawn from the southwesternmost extremity of Bald Head at 
Cape Small to the southeasternmost extremity of Ragged Island; thence to 
the southern tangent of Jaquish Island thence to Little Mark Island 
Monument Light; thence to the northernmost extremity of Jewell Island.
    (b) A line drawn from the tower on Jewell Island charted in 
approximate position latitude 43 deg.40.6 N., longitude

[[Page 183]]

70 deg.05.9 W. to the northeasternmost extremity of Outer Green Island.
    (c) A Line drawn from the southwesternmost extremity of Outer Green 
Island to Ram Island Ledge Light; thence to Portland Head Light.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by USCG-2013-0397, 78 FR 39171, July 
1, 2013]



Sec.  80.115  Portland Head, ME to Cape Ann, MA.

    (a) Except inside lines specifically described in this section, the 
72 COLREGS shall apply on the harbors, bays, and inlets on the east 
coast of Maine, New Hampshire, and Massachusetts from Portland Head to 
Halibut Point at Cape Ann.
    (b) A line drawn from the southernmost tower on Gerrish Island 
charted in approximate position latitude 43 deg.04.0 N., longitude 
70 deg.41.2 W. to Whaleback Light; thence to Jaffrey Point Light 2A; 
thence to the northeasternmost extremity of Frost Point.
    (c) A line drawn from the northernmost extremity of Farm Point to 
Annisquam Harbor Light.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and amended by CGD 84-091, 51 FR 7786, Mar. 6, 
1986; USCG-2013-0397, 78 FR 39171, July 1, 2013]



Sec.  80.120  Cape Ann, MA to Marblehead Neck, MA.

    (a) Except inside lines specifically described in this section, the 
72 COLREGS shall apply on the harbors, bays and inlets on the east coast 
of Massachusetts from Halibut Point at Cape Ann to Marblehead Neck.
    (b) A line drawn from Gloucester Breakwater Light to the twin towers 
charted in approximate position latitude 42 deg.35.1 N., longitude 
70 deg.41.6 W.
    (c) A line drawn from the westernmost extremity of Gales Point to 
the easternmost extremity of House Island; thence to Bakers Island 
Light; thence to Marblehead Light.

[CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec. 15, 1977. 
Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981; USCG-2013-0397, 
78 FR 39171, July 1, 2013]



Sec.  80.125  Marblehead Neck, MA to Nahant, MA.

    The 72 COLREGS apply on the harbors, bays, and inlets on the east 
coast of Massachusetts from Marblehead Neck to the easternmost tower at 
Nahant, charted in approximate position latitude 42 deg.25.4 N., 
longitude 70 deg.54.6 W.

[CGD 79-066, 45 FR 15176, Mar. 10, 1980. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981]



Sec.  80.130  Boston Harbor entrance.

    A line drawn from the easternmost tower at Nahant, charted in 
approximate position latitude 42 deg.25.4 N., longitude 70 deg.54.6 
W., to Boston Lighted Horn Buoy ``B''; thence to the esternmost radio 
tower at Hull, charted in approximate position latitude 42 deg.16.7 N., 
longitude 70 deg.52.6 W.

[CGD 79-066, 45 FR 15176, Mar. 10, 1980. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981]



Sec.  80.135  Hull, MA to Race Point, MA.

    (a) Except inside lines described in this section, the 72 COLREGS 
apply on the harbors, bays, and inlets on the east coast of 
Massachusetts from the easternmost radio tower at Hull, charted in 
approximate position latitude 42 deg.16.7 N., longitude 70 deg.52.6 
W., to Race Point on Cape Cod.
    (b) A line drawn from Canal Breakwater Light 4 south to the 
shoreline.

[CGD 77-118a, 42 FR 35784, July 11, 1977, as amended by CGD 79-066, 45 
FR 15176, Mar. 10, 1980. Redesignated by CGD 81-017, 46 FR 28154, May 
26, 1981, and amended by CGD 84-091, 51 FR 7786, Mar. 6, 1986]



Sec.  80.145  Race Point, MA, to Watch Hill, RI.

    (a) Except inside lines specifically described in this section, the 
72 COLREGS shall apply on the sounds, bays, harbors, and inlets along 
the coast of Cape Cod and the southern coasts of Massachusetts and Rhode 
Island from Race Point to Watch Hill.
    (b) A line drawn from Nobska Point Light to Tarpaulin Cove Light on 
the southeastern side of Naushon Island; thence from the southernmost 
tangent of Naushon Island to the easternmost extremity of Nashawena 
Island; thence

[[Page 184]]

from the southwestern most extremity of Nashawena Island to the 
easternmost extremity of Cuttyhunk Island; thence from the southwestern 
tangent of Cuttyhunk Island to the tower on Gooseberry Neck charted in 
approximate position latitude 41 deg.29.1 N., longitude 71 deg.02.3 W.
    (c) A line drawn from Sakonnet Breakwater Light 2 tangent to the 
southernmost part of Sachuest Point charted in approximate position 
latitude 41 deg.28.5 N., longitude 71 deg.14.8 W.
    (d) An east-west line drawn through Beavertail Light between Brenton 
Point and the Boston Neck shoreline.

[CGD 77-118a, 42 FR 35784, July 11, 1977, as amended by CGD 79-036, 44 
FR 22458, Apr. 16, 1979. Redesignated by CGD 81-017, 46 FR 28154, May 
26, 1981, and amended by CGD 84-091, 51 FR 7786, Mar. 6, 1986; USCG-
2013-0397, 78 FR 39171, July 1, 2013]



Sec.  80.150  Block Island, RI.

    The 72 COLREGS shall apply on the harbors of Block Island.



Sec.  80.155  Watch Hill, RI to Montauk Point, NY.

    (a) A line drawn from 41 deg.1813.999" N., 071 deg.5130.300" W. 
(Watch Hill Light) to East Point on Fishers Island.
    (b) A line drawn from Race Point to 41 deg.1436.509" N., 
072 deg.0249.676" W. (Race Rock Light); thence to 41 deg.122.900" N., 
072 deg.0624.700" W. (Little Gull Island Light) thence to East Point on 
Plum Island.
    (c) A line drawn from 41 deg.1016.704" N., 072 deg.1221.684" W. 
(Plum Island Harbor East Dolphin Light) to 41 deg.1017.262" N., 
072 deg.1223.796" W. (Plum Island Harbor West Dolphin Light).
    (d) A line drawn from 41 deg.1025.745" N., 072 deg.1242.137 W. 
(Plum Gut Light) to 41 deg.0948.393" N., 072 deg.1325.014" W. (Orient 
Point Light); thence to Orient Point.
    (e) A line drawn from 41 deg.0635.100" N., 072 deg.1821.400" W. 
(Long Beach Bar Light) to Cornelius Point.
    (f) A line drawn from 41 deg.0412.000" N., 072 deg.1648.000" W. 
(Coecles Harbor Entrance Light) to Sungic Point.
    (g) A line drawn from Nicholl Point to 41 deg.0225.166" N., 
072 deg.1542.971" W. (Cedar Island Light 3CI).
    (h) A line drawn from 41 deg.0206.060" N., 072 deg.1119.560" W. 
(Threemile Harbor West Breakwater Light) to 41 deg.0205.580" N., 
072 deg.1115.777" W. (Threemile Harbor East Breakwater Light).
    (i) A line drawn from 41 deg.0444.210" N., 071 deg.5620.308" W. 
(Montauk West Jetty Light 2) to 41 deg.0446.095" N., 071 deg.5614.168" 
W. (Montauk East Jetty Light 1).

[USCG-2015-0433, 80 FR 44280, July 27, 2015]



Sec.  80.160  Montauk Point, NY to Atlantic Beach, NY.

    (a) A line drawn from the 40 deg.5017.952" N., 072 deg.2829.010" 
W. (Shinnecock Inlet Breakwater Light 2) to 40 deg.5023.490" N., 
072 deg.2840.122" W. (Shinnecock Inlet Breakwater Light 1).
    (b) A line drawn from 40 deg.4547.763" N., 072 deg.4511.095" W. 
(Moriches Inlet Breakwater Light 2) to 40 deg.4549.692" N., 
072 deg.4521.719" W. (Moriches Inlet Breakwater Light 1).
    (c) A line drawn from the westernmost point on Fire Island to the 
southernmost extremity of the spit of land at the western end of Oak 
Beach.
    (d) A line drawn from 40 deg.3423.568" N., 073 deg.3432.364" W. 
(Jones Inlet Light) 322 deg. true across Jones Inlet to the shoreline.

[USCG-2015-0433, 80 FR 44280, July 27, 2015]



Sec.  80.165  New York Harbor.

    A line drawn from 40 deg.3456.600" N., 073 deg.4517.200" W. (East 
Rockaway Inlet Breakwater Light) to 40 deg.2742.177" N., 
074 deg.0007.309" W. (Sandy Hook Light).

[USCG-2015-0433, 80 FR 44280, July 27, 2015]

                             fifth district



Sec.  80.501  Sandy Hook, NJ to Tom's River, NJ.

    (a) A line drawn across the seaward extremity of Shark River Inlet.
    (b) A line drawn across the seaward extremity of Manasquan Inlet.
    (c) A line drawn across the seaward extremity of Barnegat Inlet.

[USCG-2015-0433, 80 FR 44280, July 27, 2015]



Sec.  80.502  Tom's River, NJ to Cape May, NJ.

    (a) A line drawn from the seaward tangent of Long Beach Island to 
the seaward tangent to Pullen Island across Beach Haven and Little Egg 
Inlets, thence across Brigantine Inlet to Brigantine Island.

[[Page 185]]

    (b) A line drawn from the seaward extremity of Absecon Inlet.
    (c) A line drawn parallel with the general trend of highwater 
shoreline from the southernmost point of Longport at latitude 
39 deg.17.6 N., longitude 74 deg.33.1 W. across Great Egg Harbor 
Inlet.
    (d) A line drawn parallel with the general trend of highwater 
shoreline across Corson Inlet.
    (e) A line formed by the centerline of the Townsend Inlet Highway 
Bridge.
    (f) A line formed by the shoreline of Seven Mile Beach to 
39 deg.0023.757" N., 074 deg.4728.017" W. (Hereford Inlet Light).
    (g) A line drawn across the seaward extremity of Cape May Inlet.

[USCG-2015-0433, 80 FR 44280, July 27, 2015]



Sec.  80.503  Delaware Bay.

    A line drawn from Cape May Light to Harbor of Refuge Light; thence 
to the northernmost extremity of Cape Henlopen.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec.  80.505  Cape Henlopen, DE to Cape Charles, VA.

    (a) A line drawn from the seaward extremity of Indian River Inlet 
North Jetty to Indian River Inlet South Jetty Light.
    (b) A line drawn from Ocean City Inlet Light 6, 225 deg. true across 
Ocean City Inlet to the submerged south breakwater.
    (c) A line drawn from Assateague Beach Tower Light to the tower 
charted at latitude 37 deg.52.6 N., longitude 75 deg.26.7 W.
    (d) A line formed by the range of Wachapreague Inlet Light 3 and 
Parramore Beach Lookout Tower drawn across Wachapreague Inlet.
    (e) A line drawn from the lookout tower charted on the northern end 
of Hog Island to the seaward tangent of Parramore Beach.
    (f) A line drawn 207 deg. true from the lookout tower charted on the 
southern end of Hog Island across Great Machipongo Inlet.
    (g) A line formed by the range of the two cupolas charted on the 
southern end of Cobb Island drawn across Sand Shoal Inlet.
    (h) Except as provided elsewhere in this section from Cape Henlopen 
to Cape Charles, lines drawn parallel with the general trend of the 
highwater shoreline across the entrances to small bays and inlets.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and amended by CGD 84-091, 51 FR 7786, Mar. 6, 
1986; USCG-2013-0397, 78 FR 39171, July 1, 2013]



Sec.  80.510  Chesapeake Bay Entrance, VA.

    A line drawn from Cape Charles Light to Cape Henry Light.



Sec.  80.515  Cape Henry, VA to Cape Hatteras, NC.

    (a) A line drawn from Rudee Inlet Jetty Light 2 to Rudee Inlet Jetty 
Light 1.
    (b) A line formed by the centerline of the highway bridge across 
Oregon Inlet.



Sec.  80.520  Cape Hatteras, NC to Cape Lookout, NC.

    (a) A line drawn from Hatteras Inlet Lookout Tower at latitude 
35 deg.11.85 N., longitude 75 deg.43.9 W. 255 deg. true to the eastern 
end of Ocracoke Island.
    (b) A line drawn from the westernmost extremity of Ocracoke Island 
at latitude 35 deg.04.0 N., longitude 76 deg.00.8 W. to the 
northeasternmost extremity of Portsmouth Island at latitude 35 deg.03.7 
N., longitude 76 deg.02.3 W.
    (c) A line drawn across Drum Inlet parallel with the general trend 
of the highwater shoreline.

[USCG-2013-0397, 78 FR 39171, July 1, 2013]



Sec.  80.525  Cape Lookout, NC to Cape Fear, NC.

    (a) A line drawn from Cape lookout Light to the seaward tangent of 
the southeastern end of Shackleford Banks.
    (b) A line drawn from Morehead City Channel Range Front Light to the 
seaward extremity of the Beaufort Inlet west jetty.
    (c) A line drawn from the southernmost extremity of Bogue Banks at 
latitude 34 deg.38.7 N., longitude 77 deg.06.0 W., across Bogue Inlet 
to the northernmost

[[Page 186]]

extremity of Bear Beach at latitude 34 deg.38.5 N., longitude 
77 deg.07.1 W.
    (d) A line drawn from the easternmost extremity on the southern side 
of New River Inlet at latitude 34 deg.31.5 N., longitude 77 deg.20.6 
W., to the seaward tangent of the shoreline on the northeast side on New 
River Inlet.
    (e) A line drawn across New Topsail Inlet between the closest 
extremities of the shore on either side of the inlet parallel with the 
general trend of the highwater shoreline.
    (f) A line drawn from the seaward extremity of the jetty on the 
northeast side of Masonboro Inlet to the seaward extremity of the jetty 
on the southeast side of the Inlet.
    (g) Except as provided elsewhere in this section from Cape Lookout 
to Cape Fear, lines drawn parallel with the general trend of the 
highwater shoreline across the entrance of small bays and inlets.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and amended by CGD 84-091, 51 FR 7786, Mar. 6, 
1986; USCG-2013-0397, 78 FR 39171, July 1, 2013]



Sec.  80.530  Cape Fear, NC to Little River Inlet, NC.

    (a) A line drawn from the abandoned lighthouse charted in 
approximate position latitude 33 deg.52.4 N., longitude 78 deg.00.1 
W., across the Cape Fear River Entrance to Oak Island Light.
    (b) Except as provided elsewhere in this section from Cape Fear to 
Little River Inlet, lines drawn parallel with the general trend of the 
highwater shoreline across the entrance to small inlets.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by USCG-2013-0397, 78 FR 39171, July 
1, 2013]

                            seventh district



Sec.  80.703  Little River Inlet, SC to Cape Romain, SC.

    (a) A line drawn from the westernmost extremity of the sand spit on 
Bird Island to the easternmost extremity of Waties Island across Little 
River Inlet.
    (b) From Little River Inlet, a line drawn parallel with the general 
trend of the highwater shoreline across Hog Inlet; thence a line drawn 
across the seaward ends of the Murrels Inlet jetties; thence a line 
drawn parallel with the general trend of the highwater shoreline across 
Midway Inlet, Pawleys Inlet, and North Inlet.
    (c) A line drawn from the charted position of Winyah Bay North Jetty 
End Buoy 2N south to the Winyah Bay South Jetty.
    (d) A line drawn from Santee Point to the seaward tangent of Cedar 
Island.
    (e) A line drawn from Cedar Island Point west to Murphy Island.
    (f) A north-south line drawn from the northernmost extremity of Cape 
Island Point to Murphy Island.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and amended by CGD 89-068, 55 FR 31831, Aug. 6, 
1990; USCG-2013-0397, 78 FR 39171, July 1, 2013]



Sec.  80.707  Cape Romain, SC to Sullivans Island, SC.

    (a) A line drawn from the westernmost point on Cape Romain to the 
southeasternmost point on Raccoon Key.
    (b) A line drawn from the westernmost extremity of Raccoon Key to 
the northernmost extremity of Northeast Point.
    (c) A line drawn from the southernmost extremity of Bull Island to 
the easternmost extremity of Capers Island.
    (d) A line formed by the overhead power cable from Capers Island to 
Dewees Island.
    (e) A line formed by the overhead power cable from Dewees Island to 
Isle of Palms.
    (f) A line formed by the centerline of the highway bridge between 
Isle of Palms and Sullivans Island over Breach Inlet.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by USCG-2013-0397, 78 FR 39171, July 
1, 2013]



Sec.  80.710  Charleston Harbor, SC.

    (a) A line formed by the submerged north jetty from the shore to the 
west end of the north jetty.
    (b) A line drawn from across the seaward extremity of the Charleston 
Harbor Jetties.

[[Page 187]]

    (c) A line drawn from the west end of the South Jetty across the 
South Entrance to Charleston Harbor to shore on a line formed by the 
submerged south jetty.



Sec.  80.712  Morris Island, SC to Hilton Head Island, SC.

    (a) A line drawn from the easternmost tip of Folly Island to 
32 deg.4137" N., 079 deg.5303" W. (abandoned lighthouse tower) on the 
northside of Lighthouse Inlet; thence west to the shoreline of Morris 
Island.
    (b) A line drawn from the seaward tangent of Folly Island across 
Stono River to the shoreline of Sandy Point.
    (c) A line drawn from the southernmost extremity of Seabrook Island 
257 deg. true across the North Edisto River Entrance to the shore of 
Botany Bay Island.
    (d) A line drawn from the microwave antenna tower on Edisto Beach 
charted in approximate position latitude 32 deg.28.3 N. longitude 
80 deg.19.2 W. across St. Helena Sound to the abandoned lighthouse 
tower on Hunting Island.
    (e) A line formed by the centerline of the highway bridge between 
Hunting Island and Fripp Island.
    (f) A line drawn from the westernmost extremity of Bull Point on 
Capers Island to Port Royal Sound Channel Range Rear Light, latitude 
32 deg.13.7 N., longitude 80 deg.36.0 W.; thence 259 deg. true to the 
easternmost extremity of Hilton Head at latitude 32 deg.13.0 N., 
longitude 80 deg.40.1 W.

[USCG-2014-0410, 79 FR 58681, Sept. 30, 2014]



Sec.  80.715  Savannah River.

    A line drawn from the southernmost tank on Hilton Head Island 
charted in approximate position latitude 32 deg.06.7 N., longitude 
80 deg.49.3 W., to Bloody Point Range Rear Light; thence to Tybee 
Light.

[USCG-2013-0397, 78 FR 39171, July 1, 2013]



Sec.  80.717  Tybee Island, GA to St. Simons Island, GA.

    (a) A line drawn from the southernmost extremity of Savannah Beach 
on Tybee Island 255 deg. true across Tybee Inlet to the shore of Little 
Tybee Island south of the entrance to Buck Hammock Creek.
    (b) A straight line drawn from the northeasternmost extremity of 
Wassaw Island 031 deg. true through Tybee River Daybeacon 1 to the shore 
of Little Tybee Island.
    (c) A line drawn approximately parallel with the general trend of 
the highwater shorelines from the seaward tangent of Wassaw Island to 
the seaward tangent of Bradley Point on Ossabaw Island.
    (d) A north-south line (longitude 81 deg.08.4 W.) drawn from the 
southernmost extremity of Ossabaw Island to St. Catherines Island.
    (e) A north-south line (longitude 81 deg.10.6 W.) drawn from the 
southernmost extremity of St. Catherines Island to Northeast Point on 
Blackbeard Island.
    (f) A line following the general trend of the seaward highwater 
shoreline across Cabretta Inlet.
    (g) A north-south line (longitude 81 deg.16.9 W.) drawn from the 
south-westernmost point on Sapelo Island to Wolf Island.
    (h) A north-south line (longitude 81 deg.17.1 W.) drawn from the 
south-easternmost point of Wolf Island to the northeasternmost point on 
Little St. Simons Island.
    (i) A line drawn from the northeasternmost extremity of Sea Island 
045 deg. true to Little St. Simons Island.
    (j) An east-west line from the southernmost extremity of Sea Island 
across Goulds Inlet to St. Simons Island.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by USCG-2013-0397, 78 FR 39171, July 
1, 2013]



Sec.  80.720  St. Simons Island, GA to Amelia Island, FL.

    (a) A line drawn from St. Simons Light to the northernmost tank on 
Jekyll Island charted in approximate position latitude 31 deg.05.9 N., 
longitude 81 deg.24.5 W.
    (b) A line drawn from the southernmost tank on Jekyll Island charted 
in approximate position latitude 31 deg.01.6 N., longitude 81 deg.25.2 
W., to coordinate latitude 30 deg.59.4 N., longitude 81 deg.23.7 W. 
(0.5 nautical mile east of the charted position of St. Andrew Sound 
Lighted Buoy 32); thence to the abandoned lighthouse tower on the north 
end of

[[Page 188]]

Little Cumberland Island charted in approximate position latitude 
30 deg.58.5 N., longitude 81 deg.24.8 W.
    (c) A line drawn across the seaward extremity of the St. Marys River 
Entrance Jetties.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by USCG-2013-0397, 78 FR 39172, July 
1, 2013]



Sec.  80.723  Amelia Island, FL to Cape Canaveral, FL.

    (a) A line drawn from the southernmost extremity of Amelia Island to 
the northeasternmost extremity of Little Talbot Island.
    (b) A line formed by the centerline of the highway bridge from 
Little Talbot Island to Fort George Island.
    (c) A line drawn across the seaward extremity of the St. Johns River 
Entrance Jetties.
    (d) A line drawn across the seaward extremity of the St. Augustine 
Inlet Jetties.
    (e) A line formed by the centerline of the highway bridge over 
Matanzas Inlet.
    (f) A line drawn across the seaward extremity of the Ponce de Leon 
Inlet Jetties.



Sec.  80.727  Cape Canaveral, FL to Miami Beach, FL.

    (a) A line drawn across the seaward extremity of the Port Canaveral 
Entrance Channel Jetties.
    (b) A line drawn across the seaward extremity of the Sebastian Inlet 
Jetties.
    (c) A line drawn across the seaward extremity of the Fort Pierce 
Inlet Jetties.
    (d) A north-south line (longitude 80 deg.09.7 W.) drawn across St. 
Lucie Inlet.
    (e) A line drawn from the seaward extremity of Jupiter Inlet North 
Jetty to the northeast extremity of the concrete apron on the south side 
of Jupiter Inlet.
    (f) A line drawn across the seaward extremity of the Lake Worth 
Inlet Jetties.
    (g) A line drawn across the seaward extremity of the Boynton Inlet 
Jetties.
    (h) A line drawn from Boca Raton Inlet North Jetty Light 2 to Boca 
Raton Inlet South Jetty Light 1.
    (i) A line drawn from Hillsboro Inlet Light to Hillsboro Inlet 
Entrance Light 2; thence to Hillsboro Inlet Entrance Light 1; thence 
west to the shoreline.
    (j) A line drawn across the seaward extremity of the Port Everglades 
Entrance Jetties.
    (k) A line formed by the centerline of the highway bridge over 
Bakers Haulover Inlet.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and amended by CGD 84-091, 51 FR 7786, Mar. 6, 
1986]



Sec.  80.730  Miami Harbor, FL.

    A line drawn across the seaward extremity of the Miami Harbor 
Government Cut Jetties.



Sec.  80.735  Miami, FL to Long Key, FL.

    (a) A line drawn from the southernmost extremity of Fisher Island 
212 deg. true to the point latitude 25 deg.45.0 N., longitude 
80 deg.08.6 W., on Virginia Key.
    (b) A line formed by the centerline of the highway bridge between 
Virginia Key and Key Biscayne.
    (c) A line drawn from Cape Florida Light to the northernmost 
extremity on Soldier Key.
    (d) A line drawn from the southernmost extremity on Soldier Key to 
the northernmost extremity of the Ragged Keys.
    (e) A line drawn from the Ragged Keys to the southernmost extremity 
of Angelfish Key following the general trend of the seaward shoreline.
    (f) A line drawn on the centerline of the Overseas Highway (U.S. 1) 
and bridges from latitude 25 deg.19.3 N., longitude 80 deg.16.0 W., at 
Little Angelfish Creek to the radar dome charted on Long Key at 
approximate position latitude 24 deg.49.3 N., longitude 80 deg.49.2 W.

[CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec. 15, 1977. 
Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981, as amended by CGD 
84-091, 51 FR 7786, Mar. 6, 1986; 51 FR 21748, June 16, 1986; CGD 89-
068, 55 FR 31831, Aug. 6, 1990; USCG-2013-0397, 78 FR 39172, July 1, 
2013]

[[Page 189]]

                     Puerto Rico and Virgin Islands

                            seventh district



Sec.  80.738  Puerto Rico and Virgin Islands.

    (a) Except inside lines specifically described in this section, the 
72 COLREGS shall apply on all other bays, harbors and lagoons of Puerto 
Rico and the U.S. Virgin Islands.
    (b) A line drawn from Puerto San Juan Light to position18 deg.28.5 
N., 066 deg.08.4 W, at the northwest extent of Isla de Cabras across 
the entrance of San Juan Harbor.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by USCG-2008-0179, 73 FR 35002, June 
19, 2008; USCG-2013-0397, 78 FR 39172, July 1, 2013]

                               Gulf Coast

                            seventh district



Sec.  80.740  Long Key, FL to Cape Sable, FL.

    A line drawn from the microwave tower charted on Long Key at 
approximate position latitude 24 deg.48.8 N., longitude 80 deg.49.6 
W., to Long Key Light 1; thence to Arsenic Bank Light 2; thence to 
Sprigger Bank Light 5; thence to Schooner Bank Light 6; thence to Oxfoot 
Bank Light 10; thence to East Cape Light 2; thence through East Cape 
Daybeacon 1A to the shoreline at East Cape.

[USCG-2013-0397, 78 FR 39172, July 1, 2013]



Sec.  80.745  Cape Sable, FL to Cape Romano, FL.

    (a) A line drawn following the general trend of the mainland, 
highwater shoreline from Cape Sable at East Cape to Little Shark River 
Light 1; thence to westernmost extremity of Shark Point; thence 
following the general trend of the mainland, highwater shoreline 
crossing the entrances of Harney River, Broad Creek, Broad River, 
Rodgers River First Bay, Chatham River, Huston River, to the shoreline 
at coordinate latitude 25 deg.41.8 N., longitude 81 deg.17.9 W.
    (b) The 72 COLREGS shall apply to the waters surrounding the Ten 
Thousand Islands and the bays, creeks, inlets, and rivers between 
Chatham Bend and Marco Island except inside lines specifically described 
in this part.
    (c) A north-south line drawn at longitude 81 deg.20.2 W., across 
the entrance to Lopez River.
    (d) A line drawn across the entrance to Turner River parallel to the 
general trend of the shoreline.
    (e) A line formed by the centerline of Highway 92 Bridge at 
Goodland.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7786, Mar. 6, 
1986; USCG-2013-0397, 78 FR 39172, July 1, 2013]



Sec.  80.748  Cape Romano, FL to Sanibel Island, FL.

    (a) A line drawn across Big Marco Pass parallel to the general trend 
of the seaward, highwater shoreline.
    (b) A line drawn from the northwesternmost extremity of Coconut 
Island 000 deg.T across Capri Pass.
    (c) Lines drawn across Hurricane and Little Marco Passes parallel to 
the general trend of the seaward, highwater shoreline.
    (d) A line from the seaward extremity of Gordon Pass South Jetty 
014 deg. true to the shoreline at approximate coordinate latitude 
26 deg.05.7 N., longitude 81 deg.48.1 W.
    (e) A line drawn across the seaward extremity of Doctors Pass 
Jetties.
    (f) Lines drawn across Wiggins, Big Hickory, New, and Big Carlos 
Passes parallel to the general trend of the seaward highwater shoreline.
    (g) A straight line drawn from Sanibel Island Light through Matanzas 
Pass Channel Light 2 to the shore of Estero Island.

[CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec. 15, 1977, as 
amended by CGD 78-052, 44 FR 69298, Dec. 3, 1979. Redesignated by CGD 
81-017, 46 FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7786, 
Mar. 6, 1986; USCG-2013-0397, 78 FR 39172, July 1, 2013; USCG-2015-0433, 
80 FR 44280, July 27, 2015]



Sec.  80.750  Sanibel Island, FL to St. Petersburg, FL.

    (a) A line formed by the centerline of the highway bridge over Blind 
Pass, between Captiva Island and Sanibel Island, and lines drawn across 
Redfish

[[Page 190]]

and Captiva Passes parallel to the general trend of the seaward, 
highwater shorelines.
    (b) A line drawn from La Costa Test Pile North Light to Port Boca 
Grande Light.
    (c) Lines drawn across Gasparilla and Stump Passes parallel to the 
general trend of the seaward, highwater shorelines.
    (d) A line across the seaward extremity of Venice Inlet Jetties.
    (e) A line drawn across Midnight Pass parallel to the general trend 
of the seaward, highwater shoreline.
    (f) A line drawn from Big Sarasota Pass Light 14 to the southernmost 
extremity of Lido Key.
    (g) A line drawn across New Pass tangent to the seaward, highwater 
shoreline of Longboat Key.
    (h) A line drawn across Longboat Pass parallel to the seaward, 
highwater shoreline.
    (i) A line drawn from the northwesternmost extremity of Bean Point 
to the southeasternmost extremity of Egmont Key.
    (j) A straight line drawn from Egmont Key Light through Egmont 
Channel Range Rear Light to the shoreline on Mullet Key.
    (k) A line drawn from the northernmost extremity of Mullet Key 
across Bunces Pass and South Channel to Pass-a-Grille Channel Light 8; 
thence to Pass-a-Grille Channel Daybeacon 9; thence to the 
southwesternmost extremity of Long Key.

[CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec. 15, 1977. 
Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981, as amended by CGD 
84-091, 51 FR 7787, Mar. 6, 1986; CGD 93-071, 58 FR 65668, Dec. 16, 
1993]



Sec.  80.753  St. Petersburg, FL to the Anclote, FL.

    (a) A line drawn across Blind Pass, between Treasure Island and Long 
Key, parallel with the general trend of the seaward, highwater shorline.
    (b) Lines formed by the centerline of the highway bridges over Johns 
and Clearwater Passes.
    (c) A line drawn across Dunedin and Hurricane Passes parallel with 
the general trend of the seaward, highwater shoreline.
    (d) A line drawn from the northernmost extremity of Honeymoon Island 
to Anclote Anchorage South Entrance Light 7; thence to Anclote Key 
28 deg.10.0 N. 82 deg.50.6 W; thence a straight line through Anclote 
River Cut B Range Rear Light to the shoreline.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 21748, June 16, 
1986; CGD 93-071, 58 FR 65668, Dec. 16, 1993]



Sec.  80.755  Anclote, FL to the Suncoast Keys, FL.

    (a) Except inside lines specifically described in this section, the 
72 COLREGS shall apply on the bays, bayous, creeks, marinas, and rivers 
from Anclote to the Suncoast Keys.
    (b) A north-south line drawn at longitude 82 deg.38.3 W. across the 
Chassahowitzka River Entrance.



Sec.  80.757  Suncoast Keys, FL to Horseshoe Point, FL.

    (a) Except inside lines specifically decribed in this section, the 
72 COLREGS shall apply on the bays, bayous, creeks, and marinas from the 
Suncoast Keys to Horseshoe Point.
    (b) A line formed by the centerline of Highway 44 Bridge over the 
Salt River.
    (c) A north-south line drawn through Crystal River Entrance 
Daybeacon 25 across the river entrance.
    (d) A north-south line drawn through the Cross Florida Barge Canal 
Daybeacon 48 across the canal.
    (e) A north-south line drawn through Withlacoochee River Daybeacon 
40 across the river.
    (f) A line drawn from the westernmost extremity of South Point north 
to the shoreline across the Waccasassa River Entrance.
    (g) A line drawn from position latitude 29 deg.16.6 N., longitude 
83 deg.06.7 W., 300 deg. true to the shoreline of Hog Island.
    (h) A north-south line drawn through Suwannee River Mcgriff Pass 
Daybeacons 30 and 31 across the Suwannee River.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7787, Mar. 6, 
1986; USCG-2013-0397, 78 FR 39172, July 1, 2013]

[[Page 191]]



Sec.  80.760  Horeshoe Point, FL to Rock Island, FL.

    (a) Except inside lines specifically described provided in this 
section, the 72 COLREGS shall apply on the bays, bayous, creeks, 
marinas, and rivers from Horseshoe Point to the Rock Islands.
    (b) A north-south line drawn through Steinhatchee River Light 21.
    (c) A line drawn from Fenholloway River Approach Light FR east 
across the entrance to Fenholloway River.

                             eighth district



Sec.  80.805  Rock Island, FL to Cape San Blas, FL.

    (a) A south-north line drawn from the Econfina River Light to the 
opposite shore.
    (b) A line drawn from Gamble Point Light to the southernmost 
extremity of Cabell Point.
    (c) A line drawn from St. Mark's Range Rear Light to St. Mark's 
Channel Light 11; thence to the southernmost extremity of Live Oak 
Point; thence in a straight line through Shell Point Light to the 
southernmost extremity of Ochlockonee Point; thence to Bald Point along 
longitude 84 deg.20.5 W.
    (d) A line drawn from the south shore of Southwest Cape at longitude 
84 deg.22.7 W., to Dog Island Reef East Light 1; thence a straight line 
to the easternmost extremity of Dog Island.
    (e) A line drawn from the westernmost extremity of Dog Island to the 
easternmost extremity of St. George Island.
    (f) A line drawn across the seaward extremity of the St. George 
Island Channel Jetties.
    (g) A line drawn from the northwesternmost extremity of Sand Island 
to West Pass Light 7.
    (h) A line drawn from the westernmost extremity of St. Vincent 
Island to the southeast, highwater shoreline of Indian Peninsula at 
Longitude 85 deg.13.5 W.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7787, Mar. 6, 
1986; USCG-2008-0179, 73 FR 35002, June 19, 2008; USCG-2013-0397, 78 FR 
39172, July 1, 2013]



Sec.  80.810  Cape San Blas, FL to Perdido Bay, FL.

    (a) A line drawn from St. Joseph Bay Entrance Range A Rear Light 
through St. Joseph Bay Entrance Range B Front Light to St. Joseph Point.
    (b) A line drawn across the mouth of Salt Creek as an extension of 
the general trend of the shoreline to continue across the inlet to St. 
Andrews sound in the middle of Crooked Island.
    (c) A line drawn from the northernmost extremity of Crooked Island 
000 deg. T. to the mainland.
    (d) A line drawn from the easternmost extremity of Shell Island 
120 deg. true to the shoreline across the east entrance to St. Andrews 
Bay.
    (e) A line drawn between the seaward end of the St. Andrews Bay 
Entrance Jetties.
    (f) A line drawn between the seaward end of the Choctawatchee Bay 
Entrance Jetties.
    (g) An east-west line drawn from Fort McRee Leading Light across the 
Pensacola Bay Entrance along latitude 30 deg.19.5 N.
    (h) A line drawn between the seaward end of the Perdido Pass 
Jetties.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7787, Mar. 6, 
1986]



Sec.  80.815  Mobile Bay, AL to the Chandeleur Islands, LA.

    (a) A line drawn across the inlets to Little Lagoon as an extension 
of the general trend of the shoreline.
    (b) A line drawn from 30 deg.1441.4" N., 088 deg.0126.5" W. 
(Mobile Point Light) to 30 deg.1513.3" N., 088 deg.0322.6" W. (Dauphin 
Island Channel Light 1) to the eastern corner of Fort Gaines at Pelican 
Point.
    (c) A line drawn from the western-most extremity of Dauphin Island 
to the easternmost extremity of Petit Bois Island.
    (d) A line drawn from Horn Island Pass Entrance Range Front Light on 
Petit Bois Island to the easternmost extremity of Horn Island.
    (e) An east-west line (latitude 30 deg.14.7 N.) drawn between the 
westernmost extremity of Horn Island to the easternmost extremity of 
Ship Island.

[[Page 192]]

    (f) A curved line drawn following the general trend of the seaward, 
highwater shoreline of Ship Island.
    (g) A line drawn from the Ship Island Light to Chandeleur Light; 
thence in a curved line following the general trend of the seaward, 
highwater shorelines of the Chandeleur Islands to the island at latitude 
29 deg.44.1 N., longitude 88 deg.53.0 W.; thence to latitude 
29 deg.26.5 N., longitude 88 deg.55.6 W.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7787, Mar. 6, 
1986; CGD 89-068, 55 FR 31831, Aug. 6, 1990; 55 FR 33577, Aug. 14, 1990; 
USCG-2014-0410, 79 FR 38431, July 7, 2014]



Sec.  80.825  Mississippi Passes, LA.

    (a) A line drawn from latitude 29 deg.26.5 N., longitude 
88 deg.55.6 W. to latitude 29 deg.10.6 N., longitude 88 deg.59.8 W.; 
thence to latitude 29 deg.03.5 N., longitude 89 deg.03.7 W.; thence to 
latitude 28 deg.58.8 N., longitude 89 deg.04.3 W.
    (b) A line drawn from latitude 28 deg.58.8 N., longitude 
89 deg.04.3 W.; to latitude 28 deg.57.3 N., longitude 89 deg.05.3 W.; 
thence to latitude 28 deg.56.95 N., longitude 89 deg.05.6 W.; thence 
to latitude 29 deg.00.4 N., longitude 89 deg.09.8 W.; thence following 
the general trend of the seaward highwater shoreline in a northwesterly 
direction to latitude 29 deg.03.4 N., longitude 89 deg.13.0 W.; thence 
west to latitude 29 deg.03.5 N., longitude 89 deg.15.5 W.; thence 
following the general trend of the seaward highwater shoreline in a 
southwesterly direction to latitude 28 deg.57.7 N., longitude 
89 deg.22.3 W.
    (c) A line drawn from latitude 28 deg.57.7 N., longitude 
89 deg.22.3 W.; to latitude 28 deg.51.4 N., longitude 89 deg.24.5 W.; 
thence to latitude 28 deg.52.65 N., longitude 89 deg.27.1 W.; thence 
to the seaward extremity of the Southwest Pass West Jetty located at 
latitude 28 deg.54.5 N., longitude 89 deg.26.1 W.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7787, Mar. 6, 
1986; CGD 89-068, 55 FR 31831, Aug. 6, 1990; USCG-2012-0306, 77 FR 
37312, June 21, 2012]



Sec.  80.830  Mississippi Passes, LA to Point Au Fer, LA.

    (a) A line drawn from the seaward extremity of the Southwest Pass 
West Jetty located at coordinate latitude 28 deg.54.5 N., longitude 
89 deg.26.1 W.; thence following the general trend of the seaward, 
highwater jetty and shoreline in a north, northeasterly direction to Old 
Tower latitude 28 deg.58.8 N., longitude 89 deg.23.3 W.; thence to 
westernmost point near Pass du Bois; thence to coordinate latitude 
29 deg.05.2 N., longitude 89 deg.24.3 W.; thence a curved line 
following the general trend of the highwater shoreline to Point Au Fer 
Island except as otherwise described in this section.
    (b) A line drawn across the seaward extremity of the Empire Waterway 
(Bayou Fontanelle) entrance jetties.
    (c) An east-west line drawn from the westernmost extremity of Grand 
Terre Islands in the direction of 194 deg. true to the Grand Isle 
Fishing Jetty Light.
    (d) A line drawn between the seaward extremity of the Belle Pass 
Jetties.
    (e) A line drawn from the westernmost extremity of the Timbalier 
Island to the easternmost extremity of Isles Dernieres.
    (f) A south-north line drawn from Caillou Bay Light 13 across 
Caillou Boca.
    (g) A line drawn 107 deg. true from Caillou Bay Boat Landing Light 
across the entrances to Grand Bayou du Large and Bayou Grand Caillou.
    (h) A line drawn on an axis of 103 deg. true through Taylors Bayou 
Entrance Light 2 across the entrances to Jack Stout Bayou, Taylors 
Bayou, Pelican Pass, and Bayou de West.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7787, Mar. 6, 
1986; USCG-2013-0397, 78 FR 39172, July 1, 2013]



Sec.  80.835  Point Au Fer, LA to Calcasieu Pass, LA.

    (a) A line drawn from Point Au Fer to Atchafalaya Channel Light 34; 
thence to Atchafalaya Channel Light 33; thence to latitude 29 deg.25.0 
N., longitude 91 deg.31.7 W.; thence to Atchafalaya Bay Light 1 
latitude 29 deg.25.3 N., longitude 91 deg.35.8 W.; thence to South 
Point.
    (b) Lines following the general trend of the highwater shoreline 
drawn across the bayou and canal inlets from the Gulf of Mexico between 
South

[[Page 193]]

Point and Calcasieu Pass except as otherwise described in this section.
    (c) A line drawn on an axis of 140 deg. true through Southwest Pass 
Vermillion Bay Light 4 across Southwest Pass.
    (d) A line drawn across the seaward extremity of the Freshwater 
Bayou Canal Entrance Jetties.
    (e) A line drawn from Mermentau Channel East Jetty Light 6 to 
Mermentau Channel West Jetty Light 7.
    (f) A line drawn from the radio tower charted in approximate 
position latitude 29 deg.45.7 N., longitude 93 deg.06.3 W., 115 deg. 
true across Mermentau Pass.
    (g) A line drawn across the seaward extremity of the Calcasieu Pass 
Jetties.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7787, Mar. 6, 
1986; USCG-2013-0397, 78 FR 39172, July 1, 2013]



Sec.  80.840  Sabine Pass, TX to Galveston, TX.

    (a) A line drawn from the Sabine Pass East Jetty Light to the 
seaward end of the Sabine Pass West Jetty.
    (b) Lines drawn across the small boat passes through the Sabine Pass 
East and West Jetties.
    (c) A line formed by the centerline of the highway bridge over 
Rollover Pass at Gilchrist.



Sec.  80.845  Galveston, TX to Freeport, TX.

    (a) A line drawn from Galveston North Jetty Light 6A to Galveston 
South Jetty Light 5A.
    (b) A line formed by the centerline of the highway bridge over San 
Luis Pass.
    (c) Lines formed by the centerlines of the highway bridges over the 
inlets to Christmas Bay (Cedar Cut) and Drum Bay.
    (d) A line drawn from the seaward extremity of the Freeport North 
Jetty to Freeport Entrance Light 6; thence Freeport Entrance Light 7; 
thence the seaward extremity of Freeport South Jetty.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7787, Mar. 6, 
1986]



Sec.  80.850  Brazos River, TX to the Rio Grande, TX.

    (a) Except as otherwise described in this section lines drawn 
continuing the general trend of the seaward, highwater shorelines across 
the inlets to Brazos River Diversion Channel, San Bernard River, Cedar 
Lakes, Brown Cedar Cut, Colorado River, Matagorda Bay, Cedar Bayou, 
Corpus Christi Bay, and Laguna Madre.
    (b) A line drawn across the seaward extremity of Matagorda Ship 
Channel North Jetties.
    (c) A line drawn from the seaward tangent of Matagorda Peninsula at 
Decros Point to Matagorda Light.
    (d) A line drawn across the seaward extremity of the Aransas Pass 
Jetties.
    (e) A line drawn across the seaward extremity of the Port Mansfield 
Entrance Jetties.
    (f) A line drawn across the seaward extremity of the Brazos Santiago 
Pass Jetties.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7787, Mar. 6, 
1986]

                              Pacific Coast

                            eleventh district



Sec.  80.1102  Santa Catalina Island, CA.

    The 72 COLREGS shall apply to the harbors on Santa Catalina Island.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec.  80.1104  San Diego Harbor, CA.

    A line drawn from Zuniga Jetty Light ``V'' to Zuniga Jetty Light 
``Z''; thence to Point Loma Light.

[CGD 84-091, 51 FR 7787, Mar. 6, 1986. Redesignated by CGD 87-008b, 52 
FR 25218, July 6, 1987]



Sec.  80.1106  Mission Bay, CA.

    A line drawn from Mission Bay South Jetty Light 2 to Mission Bay 
North Jetty Light 1.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]

[[Page 194]]



Sec.  80.1108  Oceanside Harbor, CA.

    A line drawn from Oceanside South Jetty Light 4 to Oceanside 
Breakwater Light 3.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec.  80.1110  Dana Point Harbor, CA.

    A line drawn from Dana Point Jetty Light 4 to Dana Point Breakwater 
Light 3.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987; 
USCG-2013-0397, 78 FR 39172, July 1, 2013]



Sec.  80.1112  Newport Bay, CA.

    A line drawn from Newport Bay East Jetty Light 4 to Newport Bay West 
Jetty Light 3.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec.  80.1114  San Pedro Bay--Anaheim Bay, CA.

    (a) A line drawn across the seaward extremities of the Anaheim Bay 
Entrance Jetties; thence to Long Beach Breakwater East End Light 1.
    (b) A line drawn from Long Beach Channel Entrance Light 2 to Long 
Beach Light.
    (c) A line drawn from Los Angeles Main Entrance Channel Light 2 to 
Los Angeles Light.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7787, Mar. 6, 
1986. Further redesignated by CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec.  80.1116  Redondo Harbor, CA.

    A line drawn from Redondo Beach East Jetty Light 2 to Redondo Beach 
West Jetty Light 3.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec.  80.1118  Marina Del Rey, CA.

    (a) A line drawn from Marina Del Rey Breakwater South Light 1 to 
Marina Del Rey Light 4.
    (b) A line drawn from Marina Del Rey Breakwater North Light 2 to 
Marina Del Rey Light 3.
    (c) A line drawn from Marina Del Rey Light 4 to the seaward 
extremity of the Ballona Creek South Jetty.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec.  80.1120  Port Hueneme, CA.

    (a) A line drawn from Port Hueneme East Jetty Light 4 to Port 
Hueneme West Jetty Light 3.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec.  80.1122  Channel Islands Harbor, CA.

    (a) A line drawn from Channel Islands Harbor South Jetty Light 2 to 
Channel Islands Harbor Breakwater South Light 1.
    (b) A line drawn from Channel Islands Harbor Breakwater North Light 
to Channel Islands Harbor North Jetty Light 5.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec.  80.1124  Ventura Marina, CA.

    A line drawn from Ventura Marina South Jetty Light 6 to Ventura 
Marina Breakwater South Light 3; thence to Ventura Marina North Jetty 
Light 7.

[CGD 84-091, 51 FR 7787, Mar. 6, 1986. Redesignated by CGD 87-008b, 52 
FR 25218, July 6, 1987]



Sec.  80.1126  Santa Barbara Harbor, CA.

    A line drawn from Santa Barbara Harbor Light 4 to Santa Barbara 
Harbor Breakwater Light.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]

[[Page 195]]



Sec.  80.1130  San Luis Obispo Bay, CA.

    A line drawn from the southernmost extremity of Fossil Point to the 
seaward extremity of Whaler Island Breakwater.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec.  80.1132  Estero-Morro Bay, CA.

    A line drawn from the seaward extremity of the Morro Bay East 
Breakwater to the Morro Bay West Breakwater Light.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec.  80.1134  Monterey Harbor, CA.

    A line drawn from Monterey Harbor Light 6 to the northern extremity 
of Monterey Municipal Wharf 2.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec.  80.1136  Moss Landing Harbor, CA.

    A line drawn from the seaward extremity of the pier located 0.3 mile 
south of Moss Landing Harbor Entrance to the seaward extremity of the 
Moss Landing Harbor North Breakwater.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec.  80.1138  Santa Cruz Harbor, CA.

    A line drawn from the seaward extremity of the Santa Cruz Harbor 
East Breakwater to Santa Cruz Harbor West Breakwater Light; thence to 
Santa Cruz Light.

[CGD 84-091, 51 FR 21748, June 16, 1986. Redesignated by CGD 87-008b, 52 
FR 25218, July 6, 1987]



Sec.  80.1140  Pillar Point Harbor, CA.

    A line drawn from Pillar Point Harbor Light 6 to Pillar Point Harbor 
Entrance Light.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986. Redesignated by CGD 87-008b, 52 
FR 25218, July 6, 1987]



Sec.  80.1142  San Francisco Harbor, CA.

    A straight line drawn from Point Bonita Light through Mile Rocks 
Light to the shore.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec.  80.1144  Bodega and Tomales Bay, CA.

    (a) An east-west line drawn from Sand Point to Avalis Beach.
    (b) A line drawn from the seaward extremity of Bodega Harbor North 
Breakwater to Bodega Harbor Entrance Light 1.

[CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec. 15, 1977. 
Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981, and CGD 87-008b, 
52 FR 25218, July 6, 1987]



Sec.  80.1146  Albion River, CA.

    A line drawn on an axis of 030 deg. true through Albion River Light 
1 across Albion Cove.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec.  80.1148  Noyo River, CA.

    A line drawn from Noyo River Entrance Daybeacon 4 to Noyo River 
Entrance Light 5.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec.  80.1150  Arcata-Humboldt Bay, CA.

    A line drawn from Humboldt Bay Entrance Light 4 to Humboldt Bay 
Entrance Light 3.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]

[[Page 196]]



Sec.  80.1152  Crescent City Harbor, CA.

    A line drawn from Crescent City Entrance Light to the 
southeasternmost extremity of Whaler Island.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986. Redesignated by CGD 87-008b, 52 
FR 25218, July 6, 1987]

                           thirteenth district



Sec.  80.1305  Chetco River, OR.

    A line drawn across the seaward extremities of the Chetco River 
Entrance Jetties.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986]



Sec.  80.1310  Rogue River, OR.

    A line drawn across the seaward extremities of the Rogue River 
Entrance Jetties.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986]



Sec.  80.1315  Coquille River, OR.

    A line drawn across the seaward extremities of the Coquille River 
Entrance Jetties.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986]



Sec.  80.1320  Coos Bay, OR.

    A line drawn across the seaward extremities of the Coos Bay Entrance 
Jetties.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986]



Sec.  80.1325  Umpqua River, OR.

    A line drawn across the seaward extremities of the Umpqua River 
Entrance Jetties.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986]



Sec.  80.1330  Siuslaw River, OR.

    A line drawn across the seaward extremities of the Siuslaw River 
Entrance Jetties.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986]



Sec.  80.1335  Alsea Bay, OR.

    A line drawn from the seaward shoreline on the north of the Alsea 
Bay Entrance 165 deg. true across the channel entrance.



Sec.  80.1340  Yaquina Bay, OR.

    A line drawn across the seaward extremities of the Yaquina Bay 
Entrance Jetties.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986]



Sec.  80.1345  Depoe Bay, OR.

    A line drawn across the Depoe Bay Channel entrance parallel with the 
general trend of the highwater shoreline.



Sec.  80.1350  Netarts Bay, OR.

    A line drawn from the northernmost extremity of the shore on the 
south side of Netarts Bay north to the opposite shoreline.



Sec.  80.1355  Tillamook Bay, OR.

    A line drawn across the seaward extremities of the Tillamook Bay 
Entrance Jetties.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986]



Sec.  80.1360  Nehalem River, OR.

    A line drawn approximately parallel with the general trend of the 
highwater shoreline across the Nehalem River Entrance.



Sec.  80.1365  Columbia River Entrance, OR/WA.

    A line drawn from the seaward extremity of the Columbia River North 
Jetty (above water) 155 deg. true to the seaward extremity of the 
Columbia River South Jetty (above water).



Sec.  80.1370  Willapa Bay, WA.

    A line drawn from Willapa Bay Light 169.8 deg. true to the 
westernmost tripod charted 1.6 miles south of Leadbetter Point.

[CGD 89-068, 55 FR 31831, Aug. 6, 1990]



Sec.  80.1375  Grays Harbor, WA.

    A line drawn across the seaward extremities (above water) of the 
Grays Harbor Entrance Jetties.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986]



Sec.  80.1380  Quillayute River, WA.

    A line drawn from the seaward extremity of the Quillayute River 
Entrance East Jetty to the overhead

[[Page 197]]

power cable tower charted on James Island; thence a straight line 
through Quillayute River Entrance Light 3 to the shoreline.



Sec.  80.1385  Strait of Juan de Fuca.

    The 72 COLREGS shall apply on all waters of the Strait of Juan de 
Fuca.

[CGD 81-087, 46 FR 61457, Dec. 17, 1981; 47 FR 3351, Jan. 25, 1982, and 
49 FR 3177, Jan. 26, 1984]



Sec.  80.1390  Haro Strait and Strait of Georgia.

    The 72 COLREGS shall apply on all waters of the Haro Strait and the 
Strait of Georgia.

[CGD 81-087, 46 FR 61457, Dec. 17, 1981; 47 FR 3351, Jan. 25, 1982, and 
49 FR 3177, Jan. 26, 1984]



Sec.  80.1395  Puget Sound and adjacent waters.

    The 72 COLREGS shall apply on all waters of Puget Sound and adjacent 
waters, including Lake Union, Lake Washington, Hood Canal, and all 
tributaries.

[CGD 81-087, 46 FR 61457, Dec. 17, 1981; 47 FR 3351, Jan. 25, 1982, and 
49 FR 3177, Jan. 26, 1984]

                             Pacific Islands

                           fourteenth district



Sec.  80.1410  Hawaiian Island Exemption from General Rule.

    Except as provided elsewhere in this part for Mamala Bay and Kaneohe 
Bay on Oahu; Port Allen and Nawiliwili Bay on Kauai; Kahului Harbor on 
Maui; and Kawailae and Hilo Harbors on Hawaii, the 72 COLREGS shall 
apply on all other bays, harbors, and lagoons of the Hawaiian Island 
(including Midway).



Sec.  80.1420  Mamala Bay, Oahu, HI.

    A line drawn from 21 deg.1746.9" N., 158 deg.0622.2 W. (Barbers 
Point Light) to 21 deg.1520.5" N., 157 deg.4834.3" W. (Diamond Head 
Light).

[USCG-2014-0410, 79 FR 38431, July 7, 2014]



Sec.  80.1430  Kaneohe Bay, Oahu, HI.

    A line drawn from 21 deg.2744.1" N., 157 deg.4548.6" W. (Pyramid 
Rock Light), across Kaneohe Bay through the center of Mokolii Island to 
the shoreline.

[USCG-2014-0410, 79 FR 38431, July 7, 2014]



Sec.  80.1440  Port Allen, Kauai, HI.

    A line drawn from 21 deg.5334.3" N., 159 deg.3615.6" W. (Puolo 
Point Light) to 21 deg.5349.0" N., 159 deg.3527.2" W. (Hanapepe 
Breakwater Light 2).

[USCG-2014-0410, 79 FR 38431, July 7, 2014]



Sec.  80.1450  Nawiliwili Harbor, Kauai, HI.

    A line drawn from the seaward extremity of Nawiliwili Harbor 
Breakwater Light to 21 deg.5723.8" N., 159 deg.2052.7" W. (Kukii Point 
Light).

[USCG-2014-0410, 79 FR 38431, July 7, 2014]



Sec.  80.1460  Kahului Harbor, Maui, HI.

    A line drawn from 20 deg.5404.1" N., 156 deg.2826.8" W. (Kahului 
Entrance Breakwater Light 4), to 20 deg.5402.3" N., 156 deg.2817.4" W. 
(Kahului Entrance Breakwater Light 3).

[USCG-2014-0410, 79 FR 38431, July 7, 2014]



Sec.  80.1470  Kawaihae Harbor, Hawaii, HI.

    A line drawn from 20 deg.0229.1" N., 155 deg.4958.2" W. (Kawaihae 
Light), to the seaward extremity of the Kawaihae South Breakwater.

[USCG-2014-0410, 79 FR 38431, July 7, 2014]



Sec.  80.1480  Hilo Harbor, Hawaii, HI.

    A line drawn from the seaward extremity of the Hilo Breakwater 
265 deg. true (as an extension of the seaward side of the breakwater) to 
the shoreline 0.2 nautical mile north of Alealea Point.



Sec.  80.1490  Apra Harbor, U.S. Territory of Guam.

    A line drawn from the westernmost extremity of Orote Island to the 
westernmost extremity of Glass Breakwater.



Sec.  80.1495  U.S. Pacific Island Possessions.

    The 72 COLREGS shall apply on the bays, harbors, lagoons, and waters 
surrounding the U.S. Pacific Island Possessions of American Samoa, 
Baker,

[[Page 198]]

Howland, Jarvis, Johnson, Palmyra, Swains and Wake Islands.

[CGD 94-011, 63 FR 5731, Feb. 4, 1998]

                                 Alaska

                          seventeenth district



Sec.  80.1705  Alaska.

    The 72 COLREGS shall apply on all the sounds, bays, harbors, and 
inlets of Alaska.

[CGD 79-036, 44 FR 22458, Apr. 16, 1979. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981]



PART 81_72 COLREGS: IMPLEMENTING RULES--Table of Contents



Sec.
81.1 Definitions.
81.3 General.

                         Alternative Compliance

81.5 Application for a Certificate of Alternative Compliance.
81.9 Certificate of Alternative Compliance: Contents.
81.17 Certificate of Alternative Compliance: Termination.
81.18 Notice and record of certification of vessels of special 
          construction or purpose.

                               Exemptions

81.20 Lights and sound signal appliances.

    Authority: 33 U.S.C. 1607; E.O. 11964; 49 CFR 1.46.

    Source: CGD 76-130, 42 FR 17111, Mar. 31, 1977, unless otherwise 
noted. Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981.



Sec.  81.1  Definitions.

    As used in this part:
    72 COLREGS refers to the International Regulations for Preventing 
Collisions at Sea, 1972, done at London, October 20, 1972, as rectified 
by the Proces-Verbal of December 1, 1973, as amended.
    A vessel of special construction or purpose means a vessel designed 
or modified to perform a special function and whose arrangement is 
thereby made relatively inflexible.
    Interference with the special function of the vessel occurs when 
installation or use of lights, shapes, or sound-signaling appliances 
under 72 COLREGS prevents or significantly hinders the operation in 
which the vessel is usually engaged.

[CGD 77-136, 47 FR 13799, Apr. 1, 1982]



Sec.  81.3  General.

    Vessels of special construction or purpose which cannot fully comply 
with the light, shape, and sound signal provisions of 72 COLREGS without 
interfering with their special function may instead meet alternative 
requirements. The Chief of the Marine Safety Division in each Coast 
Guard District Office makes this determination and requires that 
alternative compliance be as close as possible with the 72 COLREGS. 
These regulations set out the procedure by which a vessel may be 
certified for alternative compliance. The information collection and 
recordkeeping requirements in Sec. Sec.  81.5 and 81.18 have been 
approved by the Office of Management and Budget under OMB control No. 
1625-0019.

[CGD 77-136, 47 FR 13799, Apr. 1, 1982, as amended by USCG-2006-25150, 
71 FR 39208, July 12, 2006]

                         Alternative Compliance



Sec.  81.5  Application for a Certificate of Alternative Compliance.

    (a) The owner, builder, operator, or agent of a vessel of special 
construction or purpose who believes the vessel cannot fully comply with 
the 72 COLREGS light, shape, or sound signal provisions without 
interference with its special function may apply for a determination 
that alternative compliance is justified. The application must be in 
writing, submitted to the Chief of the Marine Safety Division of the 
Coast Guard District in which the vessel is being built or operated, and 
include the following information:
    (1) The name, address, and telephone number of the applicant.
    (2) The identification of the vessel by its:
    (i) Official number;
    (ii) Shipyard hull number;
    (iii) Hull identification number; or
    (iv) State number, if the vessel does not have an official number or 
hull identification number.
    (3) Vessel name and home port, if known.

[[Page 199]]

    (4) A description of the vessel's area of operation.
    (5) A description of the provision for which the Certificate of 
Alternative Compliance is sought, including:
    (i) The 72 COLREGS Rule or Annex section number for which the 
Certificate of Alternative Compliance is sought;
    (ii) A description of the special function of the vessel that would 
be interfered with by full compliance with the provision of that Rule or 
Annex section; and
    (iii) A statement of how full compliance would interfere with the 
special function of the vessel.
    (6) A description of the alternative installation that is in closest 
possible compliance with the applicable 72 COLREGS Rule or Annex 
section.
    (7) A copy of the vessel's plans or an accurate scale drawing that 
clearly shows:
    (i) The required installation of the equipment under the 72 COLREGS,
    (ii) The proposed installation of the equipment for which 
certification is being sought, and
    (iii) Any obstructions that may interfere with the equipment when 
installed in:
    (A) The required location; and
    (B) The proposed location.
    (b) The Coast Guard may request from the applicant additional 
information concerning the application.

(Approved by the Office of Management and Budget under control number 
1625-0019)

[CGD 77-136, 47 FR 13799, Apr. 1, 1982, as amended by USCG-2006-25150, 
71 FR 39208, July 12, 2006]



Sec.  81.9  Certificate of Alternative Compliance: Contents.

    The Chief of the Marine Safety Division issues the Certificate of 
Alternative Compliance to the vessel based on a determination that it 
cannot comply fully with 72 COLREGS light, shape, and sound signal 
provisions without interference with its special function. This 
Certificate includes--
    (a) Identification of the vessel as supplied in the application 
under Sec.  81.5(a)(2);
    (b) The provision of the 72 COLREGS for which the Certificate 
authorizes alternative compliance;
    (c) A certification that the vessel is unable to comply fully with 
the 72 COLREGS lights, shape, and sound signal requirements without 
interference with its special function;
    (d) A statement of why full compliance would interfere with the 
special function of the vessel;
    (e) The required alternative installation;
    (f) A statement that the required alternative installation is in the 
closest possible compliance with the 72 COLREGS without interfering with 
the special function of the vessel;
    (g) The date of issuance;
    (h) A statement that the Certificate of Alternative Compliance 
terminates when the vessel ceases to be usually engaged in the operation 
for which the certificate is issued.

[CGD 77-136, 47 FR 13800, Apr. 1, 1982]



Sec.  81.17  Certificate of Alternative Compliance: Termination.

    The Certificate of Alternative Compliance terminates if the 
information supplied under Sec.  81.5(a) or the Certificate issued under 
Sec.  81.9 is no longer applicable to the vessel.

[CGD 77-136, 47 FR 13800, Apr. 1, 1982]



Sec.  81.18  Notice and record of certification of vessels of special
construction or purpose.

    (a) In accordance with 33 U.S.C. 1605(c), a notice is published in 
the Federal Register of the following:
    (1) Each Certificate of Alternative Compliance issued under Sec.  
81.9; and
    (2) Each Coast Guard vessel determined by the Commandant to be a 
vessel of special construction or purpose.
    (b) Copies of Certificate of Alternative Compliance and 
documentation concerning Coast Guard vessels are available for 
inspection at Marine Transportation Systems Directorate, U.S. Coast 
Guard Headquarters, (CG-5PW), Stop 7509, 2703 Martin Luther King Avenue 
SE., Washington, DC 20593-7509.
    (c) The owner or operator of a vessel issued a Certificate shall 
ensure that the vessel does not operate unless the Certificate of 
Alternative Compliance or a certified copy of that Certificate is

[[Page 200]]

on board the vessel and available for inspection by Coast Guard 
personnel.

(Approved by the Office of Management and Budget under control number 
1625-0019)

[CGD 77-136, 47 FR 13800, Apr. 1, 1982, as amended by CGD 88-052, 53 FR 
25119, July 1, 1988; CGD 96-026, 61 FR 33663, June 28, 1996; CGD 78-82, 
43 FR 54186, Nov. 20, 1978; USCG-2006-25150, 71 FR 39208, July 12, 2006; 
USCG-2010-0351, 75 FR 36281, June 25, 2010; USCG-2014-0410, 79 FR 38431, 
July 7, 2014]

                               Exemptions



Sec.  81.20  Lights and sound signal appliances.

    Each vessel under the 72 COLREGS, except the vessels of the Navy, is 
exempt from the requirements of the 72 COLREGS to the limitation for the 
period of time stated in Rule 38 (a), (b), (c), (d), (e), (f), and (g) 
if:
    (a) Her keel is laid or is at a corresponding stage of construction 
before July 15, 1977; and
    (b) She meets the International Regulations for Preventing 
Collisions at Sea, 1960 (77 Stat. 194, 33 U.S.C. 1051-1094).

[CGD 76-133, 42 FR 35792, July 11, 1977. Redesignated at CGD 81-017, 46 
FR 28154, May 26, 1981]



PART 82_72 COLREGS: INTERPRETATIVE RULES--Table of Contents



Sec.
82.1 Purpose.
82.3 Pushing vessel and vessel being pushed: Composite unit.
82.5 Lights for moored vessels.
82.7 Sidelights for unmanned barges.

    Authority: 14 U.S.C. 2, 633; 33 U.S.C. 1602; E.O. 11964, 42 FR 4327, 
3 CFR, 1977 Comp., p. 88; 49 CFR 1.46(n).



Sec.  82.1  Purpose.

    This part contains the interpretative rules concerning the 72 
COLREGS that are adopted by the Coast Guard for the guidance of the 
public.

[CGD 76-133, 42 FR 35792, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981]



Sec.  82.3  Pushing vessel and vessel being pushed: Composite unit.

    Rule 24(b) of the 72 COLREGS states that when a pushing vessel and a 
vessel being pushed ahead are rigidly connected in a composite unit, 
they are regarded as a power-driven vessel and must exhibit the lights 
under Rule 23. A ``composite unit'' is interpreted to be a pushing 
vessel that is rigidly connected by mechanical means to a vessel being 
pushed so they react to sea and swell as one vessel. ``Mechanical 
means'' does not include the following:
    (a) Lines.
    (b) Hawsers.
    (c) Wires.
    (d) Chains.

[CGD 76-133, 42 FR 35792, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981]



Sec.  82.5  Lights for moored vessels.

    For the purposes of Rule 30 of the 72 COLREGS, a vessel at anchor 
includes a barge made fast to one or more mooring buoys or other similar 
device attached to the sea or river floor. Such a barge may be lighted 
as a vessel at anchor in accordance with Rule 30, or may be lighted on 
the corners in accordance with 33 CFR 88.30(h) through (l).

[CGD 94-011, 63 FR 5731, Feb. 4, 1998, as amended by USCG-2015-0433, 80 
FR 44280, July 27, 2015]



Sec.  82.7  Sidelights for unmanned barges.

    An unmanned barge being towed may use the exception of COLREGS Rule 
24(h). However, this exception only applies to the vertical sector 
requirements.

[CGD 94-011, 63 FR 5731, Feb. 4, 1998]

[[Page 201]]



                  SUBCHAPTER E_INLAND NAVIGATION RULES





PART 83_RULES--Table of Contents



                            Subpart A_General

Sec.
83.01 Application (Rule 1).
83.02 Responsibility (Rule 2).
83.03 General definitions (Rule 3).

                  Subpart B_Steering and Sailing Rules

            Conduct of Vessels in Any Condition of Visibility

83.04 Application (Rule 4).
83.05 Look-out (Rule 5).
83.06 Safe speed (Rule 6).
83.07 Risk of collision (Rule 7).
83.08 Action to avoid collision (Rule 8).
83.09 Narrow channels (Rule 9).
83.10 Traffic separation schemes (Rule 10).

               Conduct of Vessels in Sight of One Another

83.11 Application (Rule 11).
83.12 Sailing vessels (Rule 12).
83.13 Overtaking (Rule 13).
83.14 Head-on situation (Rule 14).
83.15 Crossing situation (Rule 15).
83.16 Action by give-way vessel (Rule 16).
83.17 Action by stand-on vessel (Rule 17).
83.18 Responsibilities between vessels (Rule 18).

               Conduct of Vessels in Restricted Visibility

83.19 Conduct of vessels in restricted visibility (Rule 19).

                       Subpart C_Lights and Shapes

83.20 Application (Rule 20).
83.21 Definitions (Rule 21).
83.22 Visibility of lights (Rule 22).
83.23 Power-driven vessels underway (Rule 23).
83.24 Towing and pushing (Rule 24).
83.25 Sailing vessels underway and vessels under oars (Rule 25).
83.26 Fishing vessels (Rule 26).
83.27 Vessels not under command or restricted in their ability to 
          maneuver (Rule 27).
83.28 [Reserved] (Rule 28).
83.29 Pilot vessels (Rule 29).
83.30 Vessels anchored, aground and moored barges (Rule 30).
83.31 Seaplanes (Rule 31).

                    Subpart D_Sound and Light Signals

83.32 Definitions (Rule 32).
83.33 Equipment for sound signals (Rule 33).
83.34 Maneuvering and warning signals (Rule 34).
83.35 Sound signals in restricted visibility (Rule 35).
83.36 Signals to attract attention (Rule 36).
83.37 Distress signals (Rule 37).

                          Subpart E_Exemptions

83.38 Exemptions (Rule 38).

    Authority: Sec. 303, Pub. L. 108-293, 118 Stat. 1042 (33 U.S.C. 
2071); Department of Homeland Security Delegation No. 0170.1.

    Source: 79 FR 37912, July 2, 2014, unless otherwise noted.



                            Subpart A_General



Sec.  83.01  Application (Rule 1).

    (a) These Rules apply to all vessels upon the inland waters of the 
United States, and to vessels of the United States on the Canadian 
waters of the Great Lakes to the extent that there is no conflict with 
Canadian law. The regulations in this subchapter (subchapter E, 33 CFR 
parts 83 through 90) have preemptive effect over State or local 
regulation within the same field.
    (b)(i) These Rules constitute special rules made by an appropriate 
authority within the meaning of Rule 1(b) of the International 
Regulations for Preventing Collisions at Sea, 1972, including annexes 
currently in force for the United States (``International 
Regulations'').
    (ii) All vessels complying with the construction and equipment 
requirements of the International Regulations are considered to be in 
compliance with these Rules.
    (c) Nothing in these Rules shall interfere with the operation of any 
special rules made by the Secretary of the Navy with respect to 
additional station or signal lights and shapes or whistle signals for 
ships of war and vessels proceeding under convoy, or by the Secretary 
with respect to additional station or signal lights and shapes for 
fishing vessels engaged in fishing as a fleet. These additional station 
or signal lights and shapes or whistle signals shall, so far as 
possible, be such that they cannot be mistaken for any light, shape, or 
signal authorized elsewhere

[[Page 202]]

under these Rules. Notice of such special rules shall be published in 
the Federal Register and, after the effective date specified in such 
notice, they shall have effect as if they were a part of these Rules.
    (d) Traffic separation schemes may be established for the purpose of 
these Rules. Vessel traffic service regulations may be in effect in 
certain areas.
    (e) Whenever the Secretary determines that a vessel or class of 
vessels of special construction or purpose cannot comply fully with the 
provisions of any of these Rules with respect to the number, position, 
range, or arc of visibility of lights or shapes, as well as to the 
disposition and characteristics of sound-signaling appliances, the 
vessel shall comply with such other provisions in regard to the number, 
position, range, or arc of visibility of lights or shapes, as well as to 
the disposition and characteristics of sound-signaling appliances, as 
the Secretary shall have determined to be the closest possible 
compliance with these Rules. The Secretary may issue a certificate of 
alternative compliance for a vessel or class of vessels specifying the 
closest possible compliance with these Rules. The Secretary of the Navy 
shall make these determinations and issue certificates of alternative 
compliance for vessels of the Navy.
    (f) The Secretary may accept a certificate of alternative compliance 
issued by a contracting party to the International Regulations if it 
determines that the alternative compliance standards of the contracting 
party are substantially the same as those of the United States.
    (g) The operator of each self-propelled vessel 12 meters or more in 
length shall carry, on board and maintain for ready reference, a copy of 
these Rules.



Sec.  83.02  Responsibility (Rule 2).

    (a) Nothing in these Rules shall exonerate any vessel, or the owner, 
master, or crew thereof, from the consequences of any neglect to comply 
with these 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.
    (b) In construing and complying with these Rules due regard shall be 
had to all dangers of navigation and collision and to any special 
circumstances, including the limitations of the vessels involved, which 
may make a departure from these Rules necessary to avoid immediate 
danger.



Sec.  83.03  General definitions (Rule 3).

    For the purpose of these Rules and Subchapter E, except where the 
context otherwise requires:
    (a) The word vessel includes every description of water craft, 
including non-displacement craft, WIG craft and seaplanes, used or 
capable of being used as a means of transportation on water.
    (b) The term power-driven vessel means any vessel propelled by 
machinery.
    (c) The term sailing vessel means any vessel under sail provided 
that propelling machinery, if fitted, is not being used.
    (d) The term vessel engaged in fishing means any vessel fishing with 
nets, lines, trawls, or other fishing apparatus which restricts 
maneuverability, but does not include a vessel fishing with trolling 
lines or other fishing apparatus which do not restrict maneuverability.
    (e) The word seaplane includes any aircraft designed to maneuver on 
the water.
    (f) The term vessel not under command means a vessel which, through 
some exceptional circumstance, is unable to maneuver as required by 
these Rules and is therefore unable to keep out of the way of another 
vessel.
    (g) The term vessel restricted in her ability to maneuver means a 
vessel which, from the nature of her work, is restricted in her ability 
to maneuver as required by these Rules and is therefore unable to keep 
out of the way of another vessel. The term vessels restricted in their 
ability to maneuver include, but are not limited to:
    (i) A vessel engaged in laying, servicing, or picking up a 
navigation mark, submarine cable, or pipeline;
    (ii) a vessel engaged in dredging, surveying, or underwater 
operations;
    (iii) a vessel engaged in replenishment or transferring persons, 
provisions, or cargo while underway;

[[Page 203]]

    (iv) a vessel engaged in the launching or recovery of aircraft;
    (v) a vessel engaged in mine clearance operations;
    (vi) a vessel engaged in a towing operation such as severely 
restricts the towing vessel and her tow in their ability to deviate from 
their course.
    (h) [Reserved]
    (i) The word underway means that a vessel is not at anchor, or made 
fast to the shore, or aground.
    (j) The words length and breadth of a vessel mean her length overall 
and greatest breadth.
    (k) Vessels shall be deemed to be in sight of one another only when 
one can be observed visually from the other.
    (l) The term restricted visibility means any condition in which 
visibility is restricted by fog, mist, falling snow, heavy rainstorms, 
sandstorms, or any other similar causes.
    (m) The term Wing-In-Ground (WIG) craft means a multimodal craft 
which, in its main operational mode, flies in close proximity to the 
surface by utilizing surface-effect action.
    (n) 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 Alternate Route, and 
that part of the Atchafalaya River above its junction with the Port 
Allen-Morgan City Alternate Route including the Old River and the Red 
River.
    (o) 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 mile 326 and 327), the 
Chicago River as far as the east side of the Ashland Avenue Bridge 
(between mile 321 and 322), and the Saint Lawrence River as far east as 
the lower exit of Saint Lambert Lock.
    (p) Secretary means the Secretary of the Department in which the 
Coast Guard is operating.
    (q) Inland Waters means the navigable waters of the United States 
shoreward of the navigational demarcation lines dividing the high seas 
from harbors, rivers, and other inland waters of the United States and 
the waters of the Great Lakes on the United States side of the 
International Boundary.
    (r) Inland Rules or Rules means these Inland Navigational Rules and 
the annexes thereto, which govern the conduct of vessels and specify the 
lights, shapes, and sound signals that apply on inland waters.
    (s) International Regulations means the International Regulations 
for Preventing Collisions at Sea, 1972, including annexes currently in 
force for the United States.



                  Subpart B_Steering and Sailing Rules

            Conduct of Vessels in Any Condition of Visibility



Sec.  83.04  Application (Rule 4).

    Rules 4 through 10 (Sec. Sec.  83.04 through 83.10) apply in any 
condition of visibility.



Sec.  83.05  Look-out (Rule 5).

    Every vessel shall at all times maintain a proper look-out by sight 
and hearing as well as by all available means appropriate in the 
prevailing circumstances and conditions so as to make a full appraisal 
of the situation and of the risk of collision.



Sec.  83.06  Safe speed (Rule 6).

    Every vessel shall at all times proceed at a safe speed so that she 
can take proper and effective action to avoid collision and be stopped 
within a distance appropriate to the prevailing circumstances and 
conditions. In determining a safe speed the following factors shall be 
among those taken into account:
    (a) By all vessels:
    (i) The state of visibility;
    (ii) The traffic density including concentration of fishing vessels 
or any other vessels;
    (iii) The maneuverability of the vessel with special reference to 
stopping distance and turning ability in the prevailing conditions;
    (iv) At night, the presence of background light such as from shore 
lights or from back scatter of her own lights;

[[Page 204]]

    (v) The state of wind, sea, and current, and the proximity of 
navigational hazards;
    (vi) The draft in relation to the available depth of water.
    (b) Additionally, by vessels with operational radar:
    (i) The characteristics, efficiency and limitations of the radar 
equipment;
    (ii) Any constraints imposed by the radar range scale in use;
    (iii) The effect on radar detection of the sea state, weather, and 
other sources of interference;
    (iv) The possibility that small vessels, ice and other floating 
objects may not be detected by radar at an adequate range;
    (v) The number, location, and movement of vessels detected by radar;
    (vi) The more exact assessment of the visibility that may be 
possible when radar is used to determine the range of vessels or other 
objects in the vicinity.

[79 FR 37912, July 2, 2014, as amended by USCG-2012-0102, 79 FR 68621, 
Nov. 18, 2014]



Sec.  83.07  Risk of collision (Rule 7).

    (a) Every vessel shall use all available means appropriate to the 
prevailing circumstances and conditions to determine if risk of 
collision exists. If there is any doubt such risk shall be deemed to 
exist.
    (b) Proper use shall be made of radar equipment if fitted and 
operational, including long-range scanning to obtain early warning of 
risk of collision and radar plotting or equivalent systematic 
observation of detected objects.
    (c) Assumptions shall not be made on the basis of scanty 
information, especially scanty radar information.
    (d) In determining if risk of collision exists the following 
considerations shall be among those taken into account:
    (i) Such risk shall be deemed to exist if the compass bearing of an 
approaching vessel does not appreciably change.
    (ii) Such risk may sometimes exist even when an appreciable bearing 
change is evident, particularly when approaching a very large vessel or 
a tow or when approaching a vessel at close range.



Sec.  83.08  Action to avoid collision (Rule 8).

    (a) Any action taken to avoid collision shall be taken in accordance 
with the Rules of this subpart (Rules 4-19) (Sec. Sec.  83.04 through 
83.19) and shall, if the circumstances of the case admit, be positive, 
made in ample time and with due regard to the observance of good 
seamanship.
    (b) Any alteration of course and/or speed to avoid collision shall, 
if the circumstances of the case admit, be large enough to be readily 
apparent to another vessel observing visually or by radar; a succession 
of small alterations of course and/or speed should be avoided.
    (c) If there is sufficient sea room, alteration of course alone may 
be the most effective action to avoid a close-quarters situation 
provided that it is made in good time, is substantial and does not 
result in another close-quarters situation.
    (d) Action taken to avoid collision with another vessel shall be 
such as to result in passing at a safe distance. The effectiveness of 
the action shall be carefully checked until the other vessel is finally 
past and clear.
    (e) If necessary to avoid collision or allow more time to assess the 
situation, a vessel shall slacken her speed or take all way off by 
stopping or reversing her means of propulsion.
    (f)(i) A vessel which, by any of these Rules, is required not to 
impede the passage or safe passage of another vessel shall, when 
required by the circumstances of the case, take early action to allow 
sufficient sea room for the safe passage of the other vessel.
    (ii) A vessel required not to impede the passage or safe passage of 
another vessel is not relieved of this obligation if approaching the 
other vessel so as to involve risk of collision and shall, when taking 
action, have full regard to the action which may be required by the 
Rules of Subpart B (Rules 4-19).
    (iii) A vessel the passage of which is not to be impeded remains 
fully obliged to comply with the Rules of Subpart B (Rules 4-19) when 
the two vessels are approaching one another so as to involve risk of 
collision.

[[Page 205]]



Sec.  83.09  Narrow channels (Rule 9).

    (a)(i) A vessel proceeding along the course of a narrow channel or 
fairway shall keep as near to the outer limit of the channel or fairway 
which lies on her starboard side as is safe and practicable.
    (ii) Notwithstanding paragraph (a)(i) of this Rule and Rule 14(a) 
(Sec.  83.14(a)), a power-driven vessel operating in narrow channels or 
fairways on the Great Lakes, Western Rivers, or waters specified by the 
Secretary, and proceeding downbound with a following current shall have 
the right-of-way over an upbound vessel, shall propose the manner and 
place of passage, and shall initiate the maneuvering signals prescribed 
by Rule 34(a)(i) (Sec.  83.34(a)(i)), as appropriate. The vessel 
proceeding upbound against the current shall hold as necessary to permit 
safe passing.
    (b) A vessel of less than 20 meters in length or a sailing vessel 
shall not impede the passage of a vessel that can safely navigate only 
within a narrow channel or fairway.
    (c) A vessel engaged in fishing shall not impede the passage of any 
other vessel navigating within a narrow channel or fairway.
    (d) A vessel must not cross a narrow channel or fairway if such 
crossing impedes the passage of a vessel which can safely navigate only 
within such channel or fairway. The latter vessel must use the signal 
prescribed in Rule 34(d) (Sec.  83.34(d)) if in doubt as to the 
intention of the crossing vessel.
    (e)(i) In a narrow channel or fairway when overtaking, the power-
driven vessel intending to overtake another power-driven vessel shall 
indicate her intention by sounding the appropriate signal prescribed in 
Rule 34(c) (Sec.  83.34(c)) and take steps to permit safe passing. The 
power-driven vessel being overtaken, if in agreement, shall sound the 
same signal and may, if specifically agreed to, take steps to permit 
safe passing. If in doubt she shall sound the danger signal prescribed 
in Rule 34(d) (Sec.  83.34(d)).
    (ii) This Rule does not relieve the overtaking vessel of her 
obligation under Rule 13 (Sec.  83.13).
    (f) A vessel nearing a bend or an area of a narrow channel or 
fairway where other vessels may be obscured by an intervening 
obstruction shall navigate with particular alertness and caution and 
shall sound the appropriate signal prescribed in Rule 34(e) (Sec.  
83.34(e)).
    (g) Any vessel shall, if the circumstances of the case admit, avoid 
anchoring in a narrow channel.

[79 FR 37912, July 2, 2014, as amended by USCG-2015-0433, 80 FR 44280, 
July 27, 2015]



Sec.  83.10  Traffic separation schemes (Rule 10).

    (a) This Rule applies to traffic separation schemes and does not 
relieve any vessel of her obligation under any other Rule in subchapter 
E.
    (b) A vessel using a traffic separation scheme shall:
    (i) Proceed in the appropriate traffic lane in the general direction 
of traffic flow for that lane;
    (ii) So far as practicable keep clear of a traffic separation line 
or separation zone;
    (iii) 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.
    (c) A vessel shall, so far as practicable, avoid crossing traffic 
lanes but if obliged to do so shall cross on a heading as nearly as 
practicable at right angles to the general direction of traffic flow.
    (d)(i) A vessel shall not use an inshore traffic zone when she can 
safely use the appropriate traffic lane within the adjacent traffic 
separation scheme. However, vessels of less than 20 meters in length, 
sailing vessels, and vessels engaged in fishing may use the inshore 
traffic zone.
    (ii) Notwithstanding paragraph (d)(i) of this Rule, a vessel may use 
an inshore traffic zone when en route to or from a port, offshore 
installation or structure, pilot station, or any other place situated 
within the inshore traffic zone, or to avoid immediate danger.
    (e) A vessel other than a crossing vessel or a vessel joining or 
leaving a lane shall not normally enter a separation zone or cross a 
separation line except:
    (i) In cases of emergency to avoid immediate danger;
    (ii) To engage in fishing within a separation zone.

[[Page 206]]

    (f) A vessel navigating in areas near the terminations of traffic 
separation schemes shall do so with particular caution.
    (g) A vessel shall so far as practicable avoid anchoring in a 
traffic separation scheme or in areas near its terminations.
    (h) A vessel not using a traffic separation scheme shall avoid it by 
as wide a margin as is practicable.
    (i) A vessel engaged in fishing shall not impede the passage of any 
vessel following a traffic lane.
    (j) A vessel of less than 20 meters in length or a sailing vessel 
shall not impede the safe passage of a power-driven vessel following a 
traffic lane.
    (k) A vessel restricted in her ability to maneuver when engaged in 
an operation for the maintenance of safety of navigation in a traffic 
separation scheme is exempted from complying with this Rule to the 
extent necessary to carry out the operation.
    (l) A vessel restricted in her ability to maneuver when engaged in 
an operation for the laying, servicing, or picking up of a submarine 
cable, within a traffic separation scheme, is exempted from complying 
with this Rule to the extent necessary to carry out the operation.

               Conduct of Vessels in Sight of One Another



Sec.  83.11  Application (Rule 11).

    Rules 11 through 18 (Sec. Sec.  83.11 through 83.18) apply to 
vessels in sight of one another.



Sec.  83.12  Sailing vessels (Rule 12).

    (a) When two sailing vessels are approaching one another, so as to 
involve risk of collision, one of them shall keep out of the way of the 
other as follows:
    (i) When each has the wind on a different side, the vessel which has 
the wind on the port side shall keep out of the way of the other.
    (ii) When both have the wind on the same side, the vessel which is 
to windward shall keep out of the way of the vessel which is to leeward.
    (iii) If a vessel with the wind on the port side sees a vessel to 
windward and cannot determine with certainty whether the other vessel 
has the wind on the port or on the starboard side, she shall keep out of 
the way of the other.
    (b) For the purpose of this Rule, the windward side shall be deemed 
to be the side opposite to that on which the mainsail is carried or, in 
the case of a square-rigged vessel, the side opposite to that on which 
the largest fore-and-aft sail is carried.



Sec.  83.13  Overtaking (Rule 13).

    (a) Notwithstanding anything contained in Rules 4 through 18 
(Sec. Sec.  83.04 through 83.18), any vessel overtaking any other shall 
keep out of the way of the vessel being overtaken.
    (b) A vessel shall be deemed to be overtaking when coming up with 
another vessel from a direction more than 22.5 degrees abaft her beam; 
that is, in such a position with reference to the vessel she is 
overtaking, that at night she would be able to see only the sternlight 
of that vessel but neither of her sidelights.
    (c) When a vessel is in any doubt as to whether she is overtaking 
another, she shall assume that this is the case and act accordingly.
    (d) Any subsequent alteration of the bearing between the two vessels 
shall not make the overtaking vessel a crossing vessel within the 
meaning of these Rules or relieve her of the duty of keeping clear of 
the overtaken vessel until she is finally past and clear.



Sec.  83.14  Head-on situation (Rule 14).

    (a) Unless otherwise agreed, when two power-driven vessels are 
meeting on reciprocal or nearly reciprocal courses so as to involve risk 
of collision each shall alter her course to starboard so that each shall 
pass on the port side of the other.
    (b) Such a situation shall be deemed to exist when a vessel sees the 
other ahead or nearly ahead and by night she could see the masthead 
lights of the other in a line or nearly in a line and/or both sidelights 
and by day she observes the corresponding aspect of the other vessel.
    (c) When a vessel is in any doubt as to whether such a situation 
exists she shall assume that it does exist and act accordingly.

[[Page 207]]

    (d) Notwithstanding paragraph (a) of this Rule, a power-driven 
vessel operating on the Great Lakes, Western Rivers, or waters specified 
by the Secretary, and proceeding downbound with a following current 
shall have the right-of-way over an upbound vessel, shall propose the 
manner of passage, and shall initiate the maneuvering signals prescribed 
by Rule 34(a)(i) (Sec.  83.34(a)(i)), as appropriate.



Sec.  83.15  Crossing situation (Rule 15).

    (a) When two power-driven vessels are crossing so as to involve risk 
of collision, the vessel which has the other on her starboard side shall 
keep out of the way and shall, if the circumstances of the case admit, 
avoid crossing ahead of the other vessel.
    (b) Notwithstanding paragraph (a) of this Rule, on the Great Lakes, 
Western Rivers, or water specified by the Secretary, a power-driven 
vessel crossing a river shall keep out of the way of a power-driven 
vessel ascending or descending the river.



Sec.  83.16  Action by give-way vessel (Rule 16).

    Every vessel which is directed to keep out of the way of another 
vessel shall, so far as possible, take early and substantial action to 
keep well clear.



Sec.  83.17  Action by stand-on vessel (Rule 17).

    (a)(i) Where one of two vessels is to keep out of the way, the other 
shall keep her course and speed.
    (ii) The latter vessel may, however, take action to avoid collision 
by her maneuver alone, as soon as it becomes apparent to her that the 
vessel required to keep out of the way is not taking appropriate action 
in compliance with these Rules.
    (b) When, from any cause, the vessel required to keep her course and 
speed finds herself so close that collision cannot be avoided by the 
action of the give-way vessel alone, she shall take such action as will 
best aid to avoid collision.
    (c) A power-driven vessel which takes action in a crossing situation 
in accordance with paragraph (a)(ii) of this Rule to avoid collision 
with another power-driven vessel shall, if the circumstances of the case 
admit, not alter course to port for a vessel on her own port side.
    (d) This Rule does not relieve the give-way vessel of her obligation 
to keep out of the way.



Sec.  83.18  Responsibilities between vessels (Rule 18).

    Except where Rules 9, 10, and 13 (Sec. Sec.  83.09, 83.10, and 
83.13) otherwise require:
    (a) A power-driven vessel underway shall keep out of the way of:
    (i) A vessel not under command;
    (ii) A vessel restricted in her ability to maneuver;
    (iii) A vessel engaged in fishing;
    (iv) A sailing vessel.
    (b) A sailing vessel underway shall keep out of the way of:
    (i) A vessel not under command;
    (ii) A vessel restricted in her ability to maneuver; and
    (iii) A vessel engaged in fishing.
    (c) A vessel engaged in fishing when underway shall, so far as 
possible, keep out of the way of:
    (i) A vessel not under command; and
    (ii) A vessel restricted in her ability to maneuver.
    (d) [Reserved]
    (e) A seaplane on the water shall, in general, keep well clear of 
all vessels and avoid impeding their navigation. In circumstances, 
however, where risk of collision exists, she shall comply with the Rules 
of this Subpart (Rules 4-19) (Sec. Sec.  83.04 through 83.19); and
    (f)(i) a WIG craft shall, when taking off, landing and in flight 
near the surface, keep well clear of all other vessels and avoid 
impeding their navigation; and
    (ii) a WIG craft operating on the water surface shall comply with 
the Rules of this Subpart (Rules 4-19) (Sec. Sec.  83.04 through 83.19) 
as a power-driven vessel.

[79 FR 37912, July 2, 2014, as amended by USCG-2012-0102, 79 FR 68621, 
Nov. 18, 2014]

               Conduct of Vessels in Restricted Visibility



Sec.  83.19  Conduct of vessels in restricted visibility (Rule 19).

    (a) This Rule applies to vessels not in sight of one another when 
navigating

[[Page 208]]

in or near an area of restricted visibility.
    (b) Every vessel shall proceed at a safe speed adapted to the 
prevailing circumstances and conditions of restricted visibility. A 
power-driven vessel shall have her engines ready for immediate maneuver.
    (c) Every vessel shall have due regard to the prevailing 
circumstances and conditions of restricted visibility when complying 
with Rules 4 through 10 (Sec. Sec.  83.04 through 83.10).
    (d) A vessel which detects by radar alone the presence of another 
vessel shall determine if a close-quarters situation is developing and/
or risk of collision exists. If so, she shall take avoiding action in 
ample time, provided that when such action consists of an alteration of 
course, so far as possible the following shall be avoided:
    (i) An alteration of course to port for a vessel forward of the 
beam, other than for a vessel being overtaken;
    (ii) An alteration of course toward a vessel abeam or abaft the 
beam.
    (e) Except where it has been determined that a risk of collision 
does not exist, every vessel which hears apparently forward of her beam 
the fog signal of another vessel, or which cannot avoid a close-quarters 
situation with another vessel forward of her beam, shall reduce her 
speed to the minimum at which she can be kept on course. She shall if 
necessary take all her way off and, in any event, navigate with extreme 
caution until danger of collision is over.

[79 FR 37912, July 2, 2014, as amended by USCG-2015-0433, 80 FR 44280, 
July 27, 2015]



                       Subpart C_Lights and Shapes



Sec.  83.20  Application (Rule 20).

    (a) Rules in this subpart (Rules 20-31) (Sec. Sec.  83.20 through 
83.31) shall be complied with in all weathers.
    (b) The Rules concerning lights (Sec. Sec.  83.20 through 83.31) 
shall be complied with from sunset to sunrise, and during such times no 
other lights shall be exhibited, except such lights as cannot be 
mistaken for the lights specified in these Rules or do not impair their 
visibility or distinctive character, or interfere with the keeping of a 
proper lookout.
    (c) The lights prescribed by these Rules shall, if carried, also be 
exhibited from sunrise to sunset in restricted visibility and may be 
exhibited in all other circumstances when it is deemed necessary.
    (d) The Rules concerning shapes shall be complied with by day.
    (e) The lights and shapes specified in these Rules shall comply with 
the provisions of Annex I of these Rules (33 CFR part 84).
    (f) A vessel's navigation lights and shapes may be lowered if 
necessary to pass under a bridge.



Sec.  83.21  Definitions (Rule 21).

    (a) Masthead light means a white light placed over the fore and aft 
centerline of the vessel showing an unbroken light over an arc of the 
horizon of 225 degrees and so fixed as to show the light from right 
ahead to 22.5 degrees abaft the beam on either side of the vessel, 
except that on a vessel of less than 12 meters in length the masthead 
light shall be placed as nearly as practicable to the fore and aft 
centerline of the vessel.
    (b) Sidelights mean a green light on the starboard side and a red 
light on the port side each showing an unbroken light over an arc of the 
horizon of 112.5 degrees and so fixed as to show the light from right 
ahead to 22.5 degrees abaft the beam on its respective side. On a vessel 
of less than 20 meters in length the side lights may be combined in one 
lantern carried on the fore and aft centerline of the vessel, except 
that on a vessel of less than 12 meters in length the sidelights when 
combined in one lantern shall be placed as nearly as practicable to the 
fore and aft centerline of the vessel.
    (c) Sternlight means a white light placed as nearly as practicable 
at the stern showing an unbroken light over an arc of the horizon of 135 
degrees and so fixed as to show the light 67.5 degrees from right aft on 
each side of the vessel.
    (d) Towing light means a yellow light having the same 
characteristics as the ``sternlight'' defined in paragraph (c) of this 
Rule.
    (e) All-round light means a light showing an unbroken light over an 
arc of the horizon of 360 degrees.

[[Page 209]]

    (f) Flashing light means a light flashing at regular intervals at a 
frequency of 120 flashes or more per minute.
    (g) Special flashing light means a yellow light flashing at regular 
intervals at a frequency of 50 to 70 flashes per minute, placed as far 
forward and as nearly as practicable on the fore and aft centerline of 
the tow and showing an unbroken light over an arc of the horizon of not 
less than 180 degrees nor more than 225 degrees and so fixed as to show 
the light from right ahead to abeam and no more than 22.5 degrees abaft 
the beam on either side of the vessel.



Sec.  83.22  Visibility of lights (Rule 22).

    The lights prescribed in these Rules (Subpart C) shall have an 
intensity as specified in Annex I to these Rules (33 CFR part 84), so as 
to be visible at the following minimum ranges:
    (a) In a vessel of 50 meters or more in length:
    (i) A masthead light, 6 miles;
    (ii) A sidelight, 3 miles;
    (iii) A sternlight, 3 miles;
    (iv) A towing light, 3 miles;
    (v) A white, red, green or yellow all-round light, 3 miles; and
    (vi) A special flashing light, 2 miles.
    (b) In a vessel of 12 meters or more in length but less than 50 
meters in length:
    (i) A masthead light, 5 miles; except that where the length of the 
vessel is less than 20 meters, 3 miles;
    (ii) A sidelight, 2 miles;
    (iii) A sternlight, 2 miles;
    (iv) A towing light, 2 miles;
    (v) A white, red, green or yellow all-round light, 2 miles; and
    (vi) A special flashing light, 2 miles.
    (c) In a vessel of less than 12 meters in length--
    (i) A masthead light, 2 miles;
    (ii) A sidelight, 1 mile;
    (iii) A sternlight, 2 miles;
    (iv) A towing light, 2 miles;
    (v) A white, red, green or yellow all-round light, 2 miles; and
    (vi) A special flashing light, 2 miles.
    (d) In an inconspicuous, partly submerged vessel or objects being 
towed:
    (i) A white all-round light, 3 miles.
    (ii) [Reserved]

[79 FR 37912, July 2, 2014, as amended by USCG-2012-0102, 79 FR 68621, 
Nov. 18, 2014]



Sec.  83.23  Power-driven vessels underway (Rule 23).

    (a) A power-driven vessel underway shall exhibit:
    (i) A masthead light forward;
    (ii) A second masthead light abaft of and higher than the forward 
one; except that a vessel of less than 50 meters in length shall not be 
obliged to exhibit such light but may do so;
    (iii) Sidelights; and
    (iv) A sternlight.
    (b) An air-cushion vessel when operating in the non-displacement 
mode shall, in addition to the lights prescribed in paragraph (a) of 
this Rule, exhibit an all-round flashing yellow light where it can best 
be seen.
    (c) A WIG craft only when taking off, landing and in flight near the 
surface shall, in addition to the lights prescribed in paragraph (a) of 
this Rule, exhibit a high intensity all-round flashing red light.
    (d) A power-driven vessel of less than 12 meters in length may, in 
lieu of the lights prescribed in paragraph (a) of this Rule, exhibit an 
all-round white light and sidelights.
    (e) A power-driven vessel when operating on the Great Lakes may 
carry an all-round white light in lieu of the second masthead light and 
sternlight prescribed in paragraph (a) of this Rule. The light shall be 
carried in the position of the second masthead light and be visible at 
the same minimum range.



Sec.  83.24  Towing and pushing (Rule 24).

    (a) A power-driven vessel when towing astern shall exhibit:
    (i) Instead of the light prescribed either in Rule 23(a)(i) or 
23(a)(ii) (Sec. Sec.  83.23(a)(i) and (ii)), two masthead lights in a 
vertical line. When the length of the tow, measuring from the stern of 
the towing vessel to the after end of the tow exceeds 200 meters, three 
such lights in a vertical line;
    (ii) Sidelights;
    (iii) A sternlight;
    (iv) A towing light in a vertical line above the sternlight; and
    (v) When the length of the tow exceeds 200 meters, a diamond shape 
where it can best be seen.
    (b) When a pushing vessel and a vessel being pushed ahead are 
rigidly connected in a composite unit they shall

[[Page 210]]

be regarded as a power-driven vessel and exhibit the lights prescribed 
in Rule 23 (Sec.  83.23).
    (c) A power-driven vessel when pushing ahead or towing alongside, 
except as required by paragraphs (b) and (i) of this Rule, shall 
exhibit:
    (i) Instead of the light prescribed either in Rule 23(a)(i) or 
23(a)(ii) (Sec.  83.23(a)(i) or (ii)), two masthead lights in a vertical 
line;
    (ii) Sidelights; and
    (iii) Two towing lights in a vertical line.
    (d) A power-driven vessel to which paragraphs (a) or (c) of this 
Rule apply shall also comply with Rule 23(a) (i) and 23(a)(ii)(Sec.  
83.23(a)(i) or (ii)).
    (e) A vessel or object other than those referred to in paragraph (g) 
of this Rule being towed shall exhibit:
    (i) Sidelights;
    (ii) A sternlight; and
    (iii) When the length of the tow exceeds 200 meters, a diamond shape 
where it can best be seen.
    (f) Provided that any number of vessels being towed alongside or 
pushed in a group shall be lighted as one vessel, except as provided in 
paragraph (f)(iii) of this Rule.
    (i) A vessel being pushed ahead, not being part of a composite unit, 
shall exhibit at the forward end, sidelights and a special flashing 
light.
    (ii) A vessel being towed alongside shall exhibit a sternlight and 
at the forward end, sidelights and a special flashing light.
    (iii) When vessels are towed alongside on both sides of the towing 
vessel, a sternlight shall be exhibited on the stern of the outboard 
vessel on each side of the towing vessel, and a single set of sidelights 
as far forward and as far outboard as is practicable, and a single 
special flashing light.
    (g) An inconspicuous, partly submerged vessel or object, or 
combination of such vessels or objects being towed, shall exhibit:
    (i) If it is less than 25 meters in breadth, one all-round white 
light at or near each end;
    (ii) If it is 25 meters or more in breadth, four all-round white 
lights to mark its length and breadth;
    (iii) If it exceeds 100 meters in length, additional all-round white 
lights between the lights prescribed in paragraphs (g)(i) and (ii) of 
this Rule so that the distance between the lights shall not exceed 100 
meters: provided, that any vessels or objects being towed alongside each 
other shall be lighted as one vessel or object;
    (iv) A diamond shape at or near the aftermost extremity of the last 
vessel or object being towed; and
    (v) The towing vessel may direct a searchlight in the direction of 
the tow to indicate its presence to an approaching vessel.
    (h) Where from any sufficient cause it is impracticable for a vessel 
or object being towed to exhibit the lights prescribed in paragraph (e) 
or (g) of this Rule, all possible measures shall be taken to light the 
vessel or object towed or at least to indicate the presence of such 
vessel or object.
    (i) Notwithstanding paragraph (c) of this Rule, on the Western 
Rivers (except below the Huey P. Long Bridge at mile 106.1 Above Head of 
Passes on the Mississippi River) and on waters specified by the 
Secretary, a power-driven vessel when pushing ahead or towing alongside, 
except as paragraph (b) of this Rule applies, shall exhibit:
    (i) Sidelights; and
    (ii) Two towing lights in a vertical line.
    (j) Where from any sufficient cause it is impracticable for a vessel 
not normally engaged in towing operations to display the lights 
prescribed by paragraph (a), (c) or (i) of this Rule, such vessel shall 
not be required to exhibit those lights when engaged in towing another 
vessel in distress or otherwise in need of assistance. All possible 
measures shall be taken to indicate the nature of the relationship 
between the towing vessel and the vessel being assisted. The searchlight 
authorized by Rule 36 (Sec.  83.36) may be used to illuminate the tow.

[79 FR 37912, July 2, 2014, as amended by USCG-2012-0102, 79 FR 68622, 
Nov. 18, 2014; USCG-2015-0433, 80 FR 44280, July 27, 2015]



Sec.  83.25  Sailing vessels underway and vessels under oars (Rule 25).

    (a) A sailing vessel underway shall exhibit:
    (i) Sidelights; and
    (ii) A sternlight.

[[Page 211]]

    (b) In a sailing vessel of less than 20 meters in length the lights 
prescribed in paragraph (a) of this Rule may be combined in one lantern 
carried at or near the top of the mast where it can best be seen.
    (c) A sailing vessel underway may, in addition to the lights 
prescribed in paragraph (a) of this Rule, exhibit at or near the top of 
the mast, where they can best be seen, two all-round lights in a 
vertical line, the upper being red and the lower green, but these lights 
shall not be exhibited in conjunction with the combined lantern 
permitted by paragraph (b) of this Rule.
    (d)(i) A sailing vessel of less than 7 meters in length shall, if 
practicable, exhibit the lights prescribed in paragraph (a) or (b) of 
this Rule, but if she does not, she shall exhibit an all-round white 
light or have ready at hand an electric torch or lighted lantern showing 
a white light which shall be exhibited in sufficient time to prevent 
collision.
    (ii) A vessel under oars may exhibit the lights prescribed in this 
Rule for sailing vessels, but if she does not, she shall exhibit an all-
round white light or have ready at hand an electric torch or lighted 
lantern showing a white light which shall be exhibited in sufficient 
time to prevent collision.
    (e) A vessel proceeding under sail when also being propelled by 
machinery shall exhibit forward, where it can best be seen, a conical 
shape, apex downward. A vessel of less than 12 meters in length is not 
required to exhibit this shape, but may do so.



Sec.  83.26  Fishing vessels (Rule 26).

    (a) A vessel engaged in fishing, whether underway or at anchor, 
shall exhibit only the lights and shapes prescribed in this Rule.
    (b) A vessel when engaged in trawling, by which is meant the 
dragging through the water of a dredge net or other apparatus used as a 
fishing appliance, shall exhibit:
    (i) Two all-round lights in a vertical line, the upper being green 
and the lower white, or a shape consisting of two cones with their 
apexes together in a vertical line one above the other;
    (ii) A masthead light abaft of and higher than the all-round green 
light; a vessel of less than 50 meters in length shall not be obliged to 
exhibit such a light but may do so;
    (iii) When making way through the water, in addition to the lights 
prescribed in this paragraph, sidelights and a sternlight.
    (c) A vessel engaged in fishing, other than trawling, shall exhibit:
    (i) Two all-round lights in a vertical line, the upper being red and 
the lower white, or a shape consisting of two cones with apexes together 
in a vertical line one above the other;
    (ii) When there is outlying gear extending more than 150 meters 
horizontally from the vessel, an all-round white light or a cone apex 
upward in the direction of the gear;
    (iii) When making way through the water, in addition to the lights 
prescribed in this paragraph, sidelights and a sternlight.
    (d) [Reserved]
    (e) A vessel when not engaged in fishing shall not exhibit the 
lights or shapes prescribed in this Rule, but only those prescribed for 
a vessel of her length.
    (f) Additional signals for fishing vessels fishing in close 
proximity:
    (i) The lights mentioned herein shall be placed where they can best 
be seen. They shall be at least 0.9 meters apart but at a lower level 
than lights prescribed in this Rule. The lights shall be visible all 
around the horizon at a distance of at least 1 mile but at a lesser 
distance from the lights prescribed by paragraphs (a) through (c) of 
this Rule for fishing vessels.
    (ii) Signals for trawlers.
    (1) Vessels when engaged in trawling, whether using demersal or 
pelagic gear, may exhibit:
    (A) When shooting their nets: Two white lights in a vertical line;
    (B) When hauling their nets: One white light over one red light in a 
vertical line;
    (C) When a net has come fast upon an obstruction: Two red lights in 
a vertical line.
    (2) Each vessel engaged in pair trawling may exhibit:
    (A) By night, a searchlight directed forward and in the direction of 
the other vessel of the pair;

[[Page 212]]

    (B) When shooting or hauling their nets or when their nets have come 
fast upon an obstruction, the lights prescribed in paragraph (a) of this 
Rule.
    (iii) Signals for purse seiners.
    (1) Vessels engaged in fishing with purse seine gear may exhibit two 
yellow lights in a vertical line. These lights shall flash alternately 
every second and with equal light and occultation duration. These lights 
may be exhibited only when the vessel is hampered by its fishing gear.
    (2) [Reserved]



Sec.  83.27  Vessels not under command or restricted in their ability
to maneuver (Rule 27).

    (a) A vessel not under command shall exhibit:
    (i) Two all-round red lights in a vertical line where they can best 
be seen;
    (ii) Two balls or similar shapes in a vertical line where they can 
best be seen; and
    (iii) When making way through the water, in addition to the lights 
prescribed in this paragraph, sidelights and a sternlight.
    (b) A vessel restricted in her ability to maneuver, except a vessel 
engaged in mine clearance operations, shall exhibit:
    (i) Three all-round lights in a vertical line where they can best be 
seen. The highest and lowest of these lights shall be red and the middle 
light shall be white;
    (ii) Three shapes in a vertical line where they can best be seen. 
The highest and lowest of these shapes shall be balls and the middle one 
a diamond;
    (iii) When making way through the water, a masthead light or lights, 
sidelights and a sternlight, in addition to the lights prescribed in 
paragraph (b)(i) of this Rule; and
    (iv) When at anchor, in addition to the lights or shapes prescribed 
in paragraphs (b)(i) and (ii) of this Rule, the light, lights or shapes 
prescribed in Rule 30 (Sec.  83.30).
    (c) A vessel engaged in a towing operation which severely restricts 
the towing vessel and her tow in their ability to deviate from their 
course shall, in addition to the lights or shapes prescribed in 
paragraphs (b)(i) and (ii) of this Rule, exhibit the lights or shapes 
prescribed in Rule 24 (Sec.  83.24).
    (d) A vessel engaged in dredging or underwater operations, when 
restricted in her ability to maneuver, shall exhibit the lights and 
shapes prescribed in paragraphs (b)(i), (ii), and (iii) of this Rule and 
shall in addition, when an obstruction exists, exhibit:
    (i) Two all-round red lights or two balls in a vertical line to 
indicate the side on which the obstruction exists;
    (ii) Two all-round green lights or two diamonds in a vertical line 
to indicate the side on which another vessel may pass; and
    (iii) When at anchor, the lights or shapes prescribed by this 
paragraph, instead of the lights or shape prescribed in Rule 30 (Sec.  
83.30).
    (iv) Dredge pipelines that are floating or supported on trestles 
shall display the following lights at night and in periods of restricted 
visibility.
    (1) One row of yellow lights. The lights must be:
    (A) Flashing 50 to 70 times per minute,
    (B) Visible all around the horizon,
    (C) Visible for at least 2 miles,
    (D) Not less than 1 and not more than 3.5 meters above the water,
    (E) Approximately equally spaced, and
    (F) Not more than 10 meters apart where the pipeline crosses a 
navigable channel. Where the pipeline does not cross a navigable channel 
the lights must be sufficient in number to clearly show the pipeline's 
length and course.
    (2) Two red lights at each end of the pipeline, including the ends 
in a channel where the pipeline is separated to allow vessels to pass 
(whether open or closed). The lights must be:
    (A) Visible all around the horizon, and
    (B) Visible for at least 2 miles, and
    (C) One meter apart in a vertical line with the lower light at the 
same height above the water as the flashing yellow light.
    (e) Whenever the size of a vessel engaged in diving operations makes 
it impracticable to exhibit all lights and shapes prescribed in 
paragraph (d) of this Rule, as appropriate, the following shall instead 
be exhibited:

[[Page 213]]

    (i) Three all-round lights in a vertical line where they can best be 
seen. The highest and lowest of these lights shall be red and the middle 
light shall be white;
    (ii) A rigid replica of the International Code flag ``A'' not less 
than 1 meter in height. Measures shall be taken to ensure its all-round 
visibility.
    (f) A vessel engaged in mine clearance operations shall, in addition 
to the lights prescribed for a power-driven vessel in Rule 23 (Sec.  
83.23) or to the lights or shape prescribed for a vessel at anchor in 
Rule 30 (Sec.  83.30), as appropriate, exhibit three all-round green 
lights or three balls. One of these lights or shapes shall be exhibited 
near the foremast head and one at each end of the fore yard. These 
lights or shapes indicate that it is dangerous for another vessel to 
approach within 1000 meters of the mine clearance vessel.
    (g) A vessel of less than 12 meters in length, except when engaged 
in diving operations, is not required to exhibit the lights or shapes 
prescribed in this Rule.
    (h) The signals prescribed in this Rule are not signals of vessels 
in distress and requiring assistance. Such signals are contained in 
Annex IV to these Rules (33 CFR part 87).

[79 FR 37912, July 2, 2014, as amended by USCG-2012-0102, 79 FR 68622, 
Nov. 18, 2014]



Sec.  83.28  [Reserved] (Rule 28).



Sec.  83.29  Pilot vessels (Rule 29).

    (a) A vessel engaged on pilotage duty shall exhibit:
    (i) At or near the masthead, two all-round lights in a vertical 
line, the upper being white and the lower red;
    (ii) When underway, in addition, sidelights and a sternlight; and
    (iii) When at anchor, in addition to the lights prescribed in 
paragraph (i) of this Rule, the anchor light, lights, or shape 
prescribed in Rule 30 (Sec.  83.30) for vessels at anchor.
    (b) A pilot vessel when not engaged on pilotage duty shall exhibit 
the lights or shapes prescribed for a vessel of her length.

[79 FR 37912, July 2, 2014, as amended by USCG-2015-0433, 80 FR 44280, 
July 27, 2015]



Sec.  83.30  Vessels anchored, aground and moored barges (Rule 30).

    (a) A vessel at anchor shall exhibit where it can best be seen:
    (i) In the fore part, an all-round white light or one ball;
    (ii) At or near the stern and at a lower level than the light 
prescribed in paragraph (i) of this Rule, an all-round white light.
    (b) A vessel of less than 50 meters in length may exhibit an all-
round white light where it can best be seen instead of the lights 
prescribed in paragraph (a) of this Rule.
    (c) A vessel at anchor may, and a vessel of 100 meters or more in 
length shall, also use the available working or equivalent lights to 
illuminate her decks.
    (d) A vessel aground shall exhibit the lights prescribed in 
paragraph (a) or (b) of this Rule and in addition, if practicable, where 
they can best be seen:
    (i) Two all-round red lights in a vertical line; and
    (ii) Three balls in a vertical line.
    (e) A vessel of less than 7 meters in length, when at anchor, not in 
or near a narrow channel, fairway, anchorage, or where other vessels 
normally navigate, shall not be required to exhibit the lights or shape 
prescribed in paragraphs (a) and (b) of this Rule.
    (f) A vessel of less than 12 meters in length when aground shall not 
be required to exhibit the lights or shapes prescribed in paragraphs 
(d)(i) and (ii) of this Rule.
    (g) A vessel of less than 20 meters in length, when at anchor in a 
special anchorage area designated by the Coast Guard, shall not be 
required to exhibit the anchor lights and shapes required by this Rule.
    (h) The following barges shall display at night and if practicable 
in periods of restricted visibility the lights described in paragraph 
(i) of this Rule:
    (i) Every barge projecting into a buoyed or restricted channel.
    (ii) Every barge so moored that it reduces the available navigable 
width of any channel to less than 80 meters.
    (iii) Barges moored in groups more than two barges wide or to a 
maximum width of over 25 meters.
    (iv) Every barge not moored parallel to the bank or dock.

[[Page 214]]

    (i) Barges described in paragraph (h) of this Rule shall carry two 
unobstructed all-round white lights of an intensity to be visible for at 
least 1 nautical mile and meeting the technical requirements as 
prescribed in Annex I (33 CFR part 84).
    (j) A barge or group of barges at anchor or made fast to one or more 
mooring buoys or other similar device, in lieu of the provisions of this 
Rule, may carry unobstructed all-round white lights of an intensity to 
be visible for at least 1 nautical mile that meet the requirements of 
Annex I (33 CFR part 84) and shall be arranged as follows:
    (i) Any barge that projects from a group formation, shall be lighted 
on its outboard corners.
    (ii) On a single barge moored in water where other vessels normally 
navigate on both sides of the barge, lights shall be placed to mark the 
corner extremities of the barge.
    (iii) On barges moored in group formation, moored in water where 
other vessels normally navigate on both sides of the group, lights shall 
be placed to mark the corner extremities of the group.
    (k) The following are exempt from the requirements of this Rule:
    (i) A barge or group of barges moored in a slip or slough used 
primarily for mooring purposes.
    (ii) A barge or group of barges moored behind a pierhead.
    (iii) A barge less than 20 meters in length when moored in a special 
anchorage area designated in accordance with Sec.  109.10 of this 
chapter.
    (l) Barges moored in well-illuminated areas are exempt from the 
lighting requirements of this Rule. These areas are as follows:

                       Chicago Sanitary Ship Canal

(1) Mile 293.2 to 293.9
(2) Mile 295.2 to 296.1
(3) Mile 297.5 to 297.8
(4) Mile 298 to 298.2
(5) Mile 298.6 to 298.8
(6) Mile 299.3 to 299.4
(7) Mile 299.8 to 300.5
(8) Mile 303 to 303.2
(9) Mile 303.7 to 303.9
(10) Mile 305.7 to 305.8
(11) Mile 310.7 to 310.9
(12) Mile 311 to 311.2
(13) Mile 312.5 to 312.6
(14) Mile 313.8 to 314.2
(15) Mile 314.6
(16) Mile 314.8 to 315.3
(17) Mile 315.7 to 316
(18) Mile 316.8
(19) Mile 316.85 to 317.05
(20) Mile 317.5
(21) Mile 318.4 to 318.9
(22) Mile 318.7 to 318.8
(23) Mile 320 to 320.3
(24) Mile 320.6
(25) Mile 322.3 to 322.4
(26) Mile 322.8
(27) Mile 322.9 to 327.2

                           Calumet Sag Channel

(28) Mile 316.5

                          Little Calumet River

(29) Mile 321.2
(30) Mile 322.3

                              Calumet River

(31) Mile 328.5 to 328.7
(32) Mile 329.2 to 329.4
(33) Mile 330 west bank to 330.2
(34) Mile 331.4 to 331.6
(35) Mile 332.2 to 332.4
(36) Mile 332.6 to 332.8

                            Cumberland River

(37) Mile 126.8
(38) Mile 191



Sec.  83.31  Seaplanes (Rule 31).

    Where it is impracticable for a seaplane or a WIG craft to exhibit 
lights and shapes of the characteristics or in the positions prescribed 
in the Rules of this subpart, she shall exhibit lights and shapes as 
closely similar in characteristics and position as is possible.



                    Subpart D_Sound and Light Signals



Sec.  83.32  Definitions (Rule 32).

    (a) The word whistle means any sound signaling appliance capable of 
producing the prescribed blasts and which complies with specifications 
in Annex III to these Rules (33 CFR part 86).
    (b) The term short blast means a blast of about 1 second's duration.
    (c) The term prolonged blast means a blast of from 4 to 6 seconds' 
duration.

[[Page 215]]



Sec.  83.33  Equipment for sound signals (Rule 33).

    (a) A vessel of 12 meters or more in length shall be provided with a 
whistle, a vessel of 20 meters or more in length shall be provided with 
a bell in addition to a whistle, and a vessel of 100 meters or more in 
length shall, in addition, be provided with a gong, the tone and sound 
of which cannot be confused with that of the bell. The whistle, bell and 
gong shall comply with the specifications in Annex III to these Rules 
(33 CFR part 86). The bell or gong or both may be replaced by other 
equipment having the same respective sound characteristics, provided 
that manual sounding of the prescribed signals shall always be possible.
    (b) A vessel of less than 12 meters in length shall not be obliged 
to carry the sound signaling appliances prescribed in paragraph (a) of 
this Rule but if she does not, she shall be provided with some other 
means of making an efficient sound signal.



Sec.  83.34  Maneuvering and warning signals (Rule 34).

    (a) When power-driven vessels are in sight of one another and 
meeting or crossing at a distance within half a mile of each other, each 
vessel underway, when maneuvering as authorized or required by these 
Rules:
    (i) Shall indicate that maneuver by the following signals on her 
whistle:
    (1) One short blast to mean ``I intend to leave you on my port 
side'';
    (2) Two short blasts to mean ``I intend to leave you on my starboard 
side''; and
    (3) Three short blasts to mean ``I am operating astern propulsion''.
    (ii) Upon hearing the one or two blast signal of the other shall, if 
in agreement, sound the same whistle signal and take the steps necessary 
to effect a safe passing. If, however, from any cause, the vessel doubts 
the safety of the proposed maneuver, she shall sound the danger signal 
specified in paragraph (d) of this Rule and each vessel shall take 
appropriate precautionary action until a safe passing agreement is made.
    (b) A vessel may supplement the whistle signals prescribed in 
paragraph (a) of this Rule by light signals:
    (i) These signals shall have the following significance:
    (1) One flash to mean ``I intend to leave you on my port side'';
    (2) Two flashes to mean ``I intend to leave you on my starboard 
side'';
    (3) Three flashes to mean ``I am operating astern propulsion'';
    (ii) The duration of each flash shall be about 1 second; and
    (iii) The light used for this signal shall, if fitted, be one all-
round white or yellow light, visible at a minimum range of 2 miles, 
synchronized with the whistle, and shall comply with the provisions of 
Annex I to these Rules (33 CFR part 84).
    (c) When in sight of one another:
    (i) A power-driven vessel intending to overtake another power-driven 
vessel shall indicate her intention by the following signals on her 
whistle:
    (1) One short blast to mean ``I intend to overtake you on your 
starboard side'';
    (2) Two short blasts to mean ``I intend to overtake you on your port 
side''; and
    (ii) The power-driven vessel about to be overtaken shall, if in 
agreement, sound a similar sound signal. If in doubt she shall sound the 
danger signal prescribed in paragraph (d) of this Rule.
    (d) When vessels in sight of one another are approaching each other 
and, from any cause, either vessel fails to understand the intentions or 
actions of the other, or is in doubt whether sufficient action is being 
taken by the other to avoid collision, the vessel in doubt shall 
immediately indicate such doubt by giving at least five short and rapid 
blasts on the whistle. Such signal may be supplemented by a light signal 
of at least five short and rapid flashes.
    (e) A vessel nearing a bend or an area of a channel or fairway where 
other vessels may be obscured by an intervening obstruction shall sound 
one prolonged blast. This signal shall be answered with a prolonged 
blast by any approaching vessel that may be within hearing around the 
bend or behind the intervening obstruction.
    (f) If whistles are fitted on a vessel at a distance apart of more 
than 100 meters, one whistle only shall be used for

[[Page 216]]

giving maneuvering and warning signals.
    (g) When a power-driven vessel is leaving a dock or berth, she shall 
sound one prolonged blast.
    (h) A vessel that reaches agreement with another vessel in a head-
on, crossing, or overtaking situation, as for example, by using the 
radiotelephone as prescribed by the Vessel Bridge-to-Bridge 
Radiotelephone Act (85 Stat. 164; 33 U.S.C. 1201 et seq.), is not 
obliged to sound the whistle signals prescribed by this Rule, but may do 
so. If agreement is not reached, then whistle signals shall be exchanged 
in a timely manner and shall prevail.

[79 FR 37912, July 2, 2014, as amended by USCG-2015-0433, 80 FR 44280, 
July 27, 2015]



Sec.  83.35  Sound signals in restricted visibility (Rule 35).

    In or near an area of restricted visibility, whether by day or 
night, the signals prescribed in this Rule shall be used as follows:
    (a) A power-driven vessel making way through the water shall sound, 
at intervals of not more than 2 minutes, one prolonged blast.
    (b) A power-driven vessel underway but stopped and making no way 
through the water shall sound, at intervals of not more than 2 minutes, 
two prolonged blasts in succession, with an interval of about 2 seconds 
between them.
    (c) A vessel not under command; a vessel restricted in her ability 
to maneuver, whether underway or at anchor; a sailing vessel; a vessel 
engaged in fishing, whether underway or at anchor; and a vessel engaged 
in towing or pushing another vessel shall, instead of the signals 
prescribed in paragraphs (a) or (b) of this Rule, sound, at intervals of 
not more than 2 minutes, three blasts in succession, namely, one 
prolonged followed by two short blasts.
    (d) [Reserved]
    (e) A vessel towed or if more than one vessel is towed the last 
vessel of the tow, if manned, shall at intervals of not more than 2 
minutes sound four blasts in succession, namely, one prolonged followed 
by three short blasts. When practicable, this signal shall be made 
immediately after the signal made by the towing vessel.
    (f) When a pushing vessel and a vessel being pushed ahead are 
rigidly connected in a composite unit they shall be regarded as a power-
driven vessel and shall give the signals prescribed in paragraphs (a) or 
(b) of this Rule.
    (g) A vessel at anchor shall at intervals of not more than 1 minute 
ring the bell rapidly for about 5 seconds. In a vessel of 100 meters or 
more in length the bell shall be sounded in the forepart of the vessel 
and immediately after the ringing of the bell the gong shall be sounded 
rapidly for about 5 seconds in the after part of the vessel. A vessel at 
anchor may in addition sound three blasts in succession, namely, one 
short, one prolonged and one short blast, to give warning of her 
position and of the possibility of collision to an approaching vessel.
    (h) A vessel aground shall give the bell signal and if required the 
gong signal prescribed in paragraph (g) of this Rule and shall, in 
addition, give three separate and distinct strokes on the bell 
immediately before and after the rapid ringing of the bell. A vessel 
aground may in addition sound an appropriate whistle signal.
    (i) A vessel of 12 meters or more but less than 20 meters in length 
shall not be obliged to give the bell signals prescribed in paragraphs 
(g) and (h) of this Rule. However, if she does not, she shall make some 
other efficient sound signal at intervals of not more than 2 minutes.
    (j) A vessel of less than 12 meters in length shall not be obliged 
to give the above-mentioned signals but, if she does not, shall make 
some other efficient sound signal at intervals of not more than 2 
minutes.
    (k) A pilot vessel when engaged on pilotage duty may, in addition to 
the signals prescribed in paragraphs (a), (b) or (g) of this Rule, sound 
an identity signal consisting of four short blasts.
    (l) The following vessels shall not be required to sound signals as 
prescribed in paragraph (g) of this Rule when anchored in a special 
anchorage area designated by the Coast Guard:
    (i) A vessel of less than 20 meters in length; and

[[Page 217]]

    (ii) A barge, canal boat, scow, or other nondescript craft.

[79 FR 37912, July 2, 2014, as amended by USCG-2012-0102, 79 FR 68622, 
Nov. 18, 2014]



Sec.  83.36  Signals to attract attention (Rule 36).

    If necessary to attract the attention of another vessel, any vessel 
may make light or sound signals that cannot be mistaken for any signal 
authorized elsewhere in these Rules, or may direct the beam of her 
searchlight in the direction of the danger, in such a way as not to 
embarrass any vessel.



Sec.  83.37  Distress signals (Rule 37).

    When a vessel is in distress and requires assistance she shall use 
or exhibit the signals described in Annex IV to these Rules (33 CFR part 
87).



                          Subpart E_Exemptions



Sec.  83.38  Exemptions (Rule 38).

    Any vessel or class of vessels, the keel of which was laid or which 
was at a corresponding stage of construction before December 24, 1980, 
provided that she complies with the requirements of--
    (a) The Act of June 7, 1897 (30 Stat. 96), as amended (33 U.S.C. 
154-232) for vessels navigating the waters subject to that statute;
    (b) Section 4233 of the Revised Statutes (33 U.S.C. 301-356) for 
vessels navigating the waters subject to that statute;
    (c) The Act of February 8, 1895 (28 Stat. 645), as amended (33 
U.S.C. 241-295) for vessels navigating the waters subject to that 
statute; or
    (d) Sections 3, 4, and 5 of the Act of April 25, 1940 (54 Stat. 
163), as amended (46 U.S.C. 526b, c, and d) for motorboats navigating 
the waters subject to that statute, shall be exempted from compliance 
with the technical Annexes to these Rules (33 CFR parts 84 through 88) 
as follows:
    (i) The installation of lights with ranges prescribed in Rule 22 
(Sec.  83.22), vessels of less than 20 meters in length are permanently 
exempt.
    (ii) The installation of lights with color specifications as 
prescribed in Annex I to these Rules (33 CFR part 84), vessels of less 
than 20 meters in length are permanently exempt.
    (iii) The repositioning of lights as a result of conversion to 
metric units and rounding off measurement figures are permanently 
exempt.
    (iv) The horizontal repositioning of masthead lights prescribed by 
Annex I to these Rules (33 CFR part 84), vessels of less than 150 meters 
in length are permanently exempt; and
    (v) Power-driven vessels of 12 meters or more but less than 20 
meters in length are permanently exempt from the provisions of Rule 
23(a)(i) and (iv) (Sec.  83.23(a)(i) and (iv)) provided that, in place 
of these lights, the vessel exhibits a white light aft visible all-round 
the horizon.



PART 84_ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND SHAPES
--Table of Contents



Sec.
84.01 Definitions.
84.02 Vertical positioning and spacing of lights.
84.03 Horizontal positioning and spacing of lights.
84.04 Details of location of direction-indicating lights for fishing 
          vessels, dredgers and vessels engaged in underwater 
          operations.
84.05 Screens.
84.06 Shapes.
84.13 Color specification of lights.
84.14 Intensity of lights.
84.15 Horizontal sectors.
84.16 Vertical sectors.
84.17 Intensity of non-electric lights.
84.18 Maneuvering light.
84.19 High-speed craft.
84.20 Approval.

    Authority: Sec. 303, Pub. L. 108-293, 118 Stat. 1042 (33 U.S.C. 
2071); Department of Homeland Security Delegation No. 0170.1.

    Source: 79 FR 37921, July 2, 2014, unless otherwise noted.



Sec.  84.01  Definitions.

    (a) The term height above the hull means height above the uppermost 
continuous deck. This height shall be measured from the position 
vertically beneath the location of the light.
    (b) High-speed craft means a craft capable of maximum speed in 
meters per second (m/s) equal to or exceeding:

[[Page 218]]

3.7▿ \0.1667\; where ▿ = displacement corresponding to the 
design waterline (cubic meters).

    Note to paragraph (b):
    The same formula expressed in pounds and knots is maximum speed in 
knots (kts) equal to exceeding 1.98 (lbs) 3.7▿ \0.1667\; where 
▿ = displacement corresponding to design waterline in pounds.

    (c) The term practical cut-off means, for vessels 20 meters or more 
in length, 12.5 percent of the minimum luminous intensity (Table 
84.14(b)) corresponding to the greatest range of visibility for which 
the requirements of Annex I (33 CFR part 84) are met.
    (d) The term Rule or Rules has the same meaning as in 33 CFR 
83.03(r).



Sec.  84.02  Vertical positioning and spacing of lights.

    (a) On a power-driven vessel of 20 meters or more in length the 
masthead lights shall be placed as follows:
    (i) The forward masthead light, or if only one masthead light is 
carried, then that light, at a height above the hull of not less than 5 
meters, and, if the breadth of the vessel exceeds 5 meters, then at a 
height above the hull not less than such breadth, so however that the 
light need not be placed at a greater height above the hull than 8 
meters.
    (ii) When two masthead lights are carried the after one shall be at 
least 2 meters vertically higher than the forward one.
    (b) The vertical separation of the masthead lights of power-driven 
vessels shall be such that in all normal conditions of trim the after 
light will be seen over and separate from the forward light at a 
distance of 1000 meters from the stem when viewed from water level.
    (c) The masthead light of a power-driven vessel of 12 meters but 
less than 20 meters in length shall be placed at a height above the 
gunwale of not less than 2.5 meters.
    (d) The masthead light, or the all-round light described in Rule 
23(d)(Sec.  83.23(d) of this chapter), of a power-driven vessel of less 
than 12 meters in length shall be carried at least one meter higher than 
the sidelights.
    (e) One of the two or three masthead lights prescribed for a power-
driven vessel when engaged in towing or pushing another vessel shall be 
placed in the same position as either the forward masthead light or the 
after masthead light, provided that the lowest after masthead light 
shall be at least 2 meters vertically higher than the highest forward 
masthead light.
    (f)(i) The masthead light or lights prescribed in Rule 23(a) (Sec.  
83.23(a) of this chapter) shall be so placed as to be above and clear of 
all other lights and obstructions except as described in paragraph 
(f)(ii) of this section.
    (ii) When it is impracticable to carry the all-round lights 
prescribed in Rule 27(b)(i)(Sec.  83.27(b)(i) of this chapter) below the 
masthead lights, they may be carried above the after masthead light(s) 
or vertically in between the forward masthead light(s) and after 
masthead light(s), provided that in the latter case the requirement of 
Sec.  84.03(c) shall be complied with.
    (g) The sidelights of a power-driven vessel shall be placed at least 
one meter lower than the forward masthead light. They shall not be so 
low as to be interfered with by deck lights.
    (h) [Reserved]
    (i) When the Rules in this subchapter E prescribe two or three 
lights to be carried in a vertical line, they shall be spaced as 
follows:
    (i) On a vessel of 20 meters in length or more such lights shall be 
spaced not less than 1 meter apart, and the lowest of these lights 
shall, except where a towing light is required, be placed at a height of 
not less than 4 meters above the hull.
    (ii) On a vessel of less than 20 meters in length such lights shall 
be spaced not less than 1 meter apart and the lowest of these lights 
shall, except where a towing light is required, be placed at a height of 
not less than 2 meters above the gunwale.
    (iii) When three lights are carried they shall be equally spaced.
    (j) The lower of the two all-round lights prescribed for a vessel 
when engaged in fishing shall be at a height above the sidelights not 
less than twice the distance between the two vertical lights.
    (k) The forward anchor light prescribed in Rule 30(a)(i) (Sec.  
83.30(a)(i)), when two are carried, shall not be less than 4.5 meters 
above the after one. On

[[Page 219]]

a vessel of 50 meters or more in length this forward anchor light shall 
be placed at a height or not less than 6 meters above the hull.

[79 FR 37921, July 2, 2014, as amended by USCG-2012-0102, 79 FR 68622, 
Nov. 18, 2014; USCG-2015-0433, 80 FR 44280, July 27, 2015]



Sec.  84.03  Horizontal positioning and spacing of lights.

    (a) Except as specified in paragraph (e) of this section, when two 
masthead lights are prescribed for a power-driven vessel, the horizontal 
distance between them must not be less than one quarter of the length of 
the vessel but need not be more than 50 meters. The forward light must 
be placed not more than one half of the length of the vessel from the 
stem.
    (b) On a power-driven vessel of 20 meters or more in length the 
sidelights shall not be placed in front of the forward masthead lights. 
They shall be placed at or near the side of the vessel.
    (c) When the lights prescribed in Rule 27(b)(i) (Sec.  83.27(b)(i) 
of this chapter) are placed vertically between the forward masthead 
light(s) and the after masthead light(s), these all-round lights shall 
be placed at a horizontal distance of not less than 2 meters from the 
fore and aft centerline of the vessel in the athwartship direction.
    (d) When only one masthead light is prescribed for a power-driven 
vessel, this light must be exhibited forward of amidships. For a vessel 
of less than 20 meters in length, the vessel shall exhibit one masthead 
light as far forward as is practicable.
    (e) On power-driven vessels 50 meters but less than 60 meters in 
length operated on the Western Rivers, and those waters specified in 
Sec.  89.25 of this chapter, the horizontal distance between masthead 
lights shall not be less than 10 meters.



Sec.  84.04  Details of location of direction-indicating lights for 
fishing vessels, dredgers and vessels engaged in underwater operations.

    (a) The light indicating the direction of the outlying gear from a 
vessel engaged in fishing as prescribed in Rule 26(c)(ii) (Sec.  
83.26(c)(ii) of this chapter) shall be placed at a horizontal distance 
of not less than 2 meters and not more than 6 meters away from the two 
all-round red and white lights. This light shall be placed not higher 
than the all-round white light prescribed in Rule 26(c)(i)(Sec.  
83.26(c)(i) of this chapter) and not lower than the sidelights.
    (b) The lights and shapes on a vessel engaged in dredging or 
underwater operations to indicate the obstructed side and/or the side on 
which it is safe to pass, as prescribed in Rule 27(d)(i) and (ii)(Sec.  
83.27(d)(i) and (ii) of this chapter), shall be placed at the maximum 
practical horizontal distance, but in no case less than 2 meters, from 
the lights or shapes prescribed in Rule 27(b)(i) and (ii)(Sec.  
83.27(b)(i)and (ii) of this chapter). In no case shall the upper of 
these lights or shapes be at a greater height than the lower of the 
three lights or shapes prescribed in Rule 27(b)(i) and (ii) (Sec.  
83.27(b)(i) and (ii) of this chapter).



Sec.  84.05  Screens.

    (a) The sidelights of vessels of 20 meters or more in length shall 
be fitted with matt black inboard screens and meet the requirements of 
Sec.  84.15. On vessels of less than 20 meters in length, the 
sidelights, if necessary to meet the requirements of Sec.  84.15, shall 
be fitted with matt black inboard screens. With a combined lantern, 
using a single vertical filament and a very narrow division between the 
green and red sections, external screens need not be fitted.
    (b) On power-driven vessels less than 12 meters in length 
constructed after July 31, 1983, the masthead light, or the all-round 
light described in Rule 23(d)(Sec.  83.23(d) of this chapter) shall be 
screened to prevent direct illumination of the vessel forward of the 
operator's position.



Sec.  84.06  Shapes.

    (a) Shapes shall be black and of the following sizes:
    (i) A ball shall have a diameter of not less than 0.6 meter.
    (ii) A cone shall have a base diameter of not less than 0.6 meters 
and a height equal to its diameter.
    (iii) A diamond shape shall consist of two cones (as defined in 
paragraph (a)(ii) of this section) having a common base.

[[Page 220]]

    (b) The vertical distance between shapes shall be at least 1.5 
meters.
    (c) In a vessel of less than 20 meters in length shapes of lesser 
dimensions but commensurate with the size of the vessel may be used and 
the distance apart may be correspondingly reduced.



Sec.  84.13  Color specification of lights.

    (a) The chromaticity of all navigation lights shall conform to the 
following standards, which lie within the boundaries of the area of the 
diagram specified for each color by the International Commission on 
Illumination (CIE), in the ``Colors of Light Signals'', which is 
incorporated by reference. It is Publication CIE No. 2.2. (TC-1.6), 
1975, and is available from the Illumination Engineering Society, 345 
East 47th Street, New York, NY 10017 and is available for inspection at 
the Coast Guard, Shore Infrastructure Logistics Center, Aids to 
Navigation and Marine Environmental Response Product Line (CG-SILC-ATON/
MER), 2703 Martin Luther King, Jr. Ave, Mailstop 7714, Washington, DC 
20593-7714. It is also available for inspection at the National Archives 
and Records Administration (NARA). For information on the availability 
of this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html. This incorporation by reference was approved by the 
Director of the Federal Register.
    (b) The boundaries of the area for each color are given by 
indicating the corner co-ordinates, which are as follows:
    (i) White:

x 0.525 0.525 0.452 0.310 0.310 0.443
y 0.382 0.440 0.440 0.348 0.283 0.382

    (ii) Green:

x 0.028 0.009 0.300 0.203
y 0.385 0.723 0.511 0.356

    (iii) Red:

x 0.680 0.660 0.735 0.721
y 0.320 0.320 0.265 0.259

    (iv) Yellow:

x 0.612 0.618 0.575 0.575
y 0.382 0.382 0.425 0.406



Sec.  84.14  Intensity of lights.

    (a) The minimum luminous intensity of lights shall be calculated by 
using the formula:

I = 3.43 x 10\6\ x T x D\2\ x K-D

Where:

I is luminous intensity in candelas under service conditions,
T is threshold factor 2 x 10-7lux,
D is range of visibility (luminous range) of the light in nautical 
          miles,
K is atmospheric transmissivity. For prescribed lights the value of K 
          shall be 0.8, corresponding to a meteorological visibility of 
          approximately 13 nautical miles.

    (b) A selection of figures derived from the formula is given in the 
following table (Table 84.14(b)):

                             Table 84.14(b)
------------------------------------------------------------------------
                                                        Minimum luminous
   Range of visibility (luminous range) of light in       intensity of
                   nautical miles D                    light in candelas
                                                         for K = 0.8 I
------------------------------------------------------------------------
1....................................................                0.9
2....................................................                4.3
3....................................................                 12
4....................................................                 27
5....................................................                 52
6....................................................                 94
------------------------------------------------------------------------



Sec.  84.15  Horizontal sectors.

    (a)(i) In the forward direction, sidelights as fitted on the vessel 
shall show the minimum required intensities. The intensities shall 
decrease to reach practical cut-off between 1 and 3 degrees outside the 
prescribed sectors.
    (ii) For sternlights and masthead lights and at 22.5 degrees abaft 
the beam for sidelights, the minimum required intensities shall be 
maintained over the arc of the horizon up to 5 degrees within the limits 
of the sectors prescribed in Rule 21 (Sec.  83.21 of this chapter). From 
5 degrees within the prescribed sectors the intensity may decrease by 50 
percent up to the prescribed limits; it shall decrease steadily to reach 
practical cut-off at not more than 5 degrees outside the prescribed 
sectors.
    (b) All-round lights shall be so located as not to be obscured by 
masts, topmasts or structures within angular sectors of more than 6 
degrees, except anchor lights prescribed in Rule 30 (Sec.  83.30 of this 
chapter), which need not be placed at an impracticable height

[[Page 221]]

above the hull, and the all-round white light described in Rule 23(e) 
(Sec.  83.23(e) of this chapter), which may not be obscured at all.
    (c) If it is impracticable to comply with paragraph (b) of this 
section by exhibiting only one all-round light, two all-round lights 
shall be used suitably positioned or screened to appear, as far as 
practicable, as one light at a minimum distance of one nautical mile.

    Note to paragraph (c):
    Two unscreened all-round lights that are 1.28 meters apart or less 
will appear as one light to the naked eye at a distance of one nautical 
mile.



Sec.  84.16  Vertical sectors.

    (a) The vertical sectors of electric lights as fitted, with the 
exception of lights on sailing vessels underway and on unmanned barges, 
shall ensure that:
    (i) At least the required minimum intensity is maintained at all 
angles from 5 degrees above to 5 degrees below the horizontal;
    (ii) At least 60 percent of the required minimum intensity is 
maintained from 7.5 degrees above to 7.5 degrees below the horizontal.
    (b) In the case of sailing vessels underway, the vertical sectors of 
electric lights, as fitted, shall ensure that:
    (i) At least the required minimum intensity is maintained at all 
angles from 5 degrees above to 5 degrees below the horizontal;
    (ii) At least 50 percent of the required minimum intensity is 
maintained from 25 degrees above to 25 degrees below the horizontal.
    (c) In the case of unmanned barges the minimum required intensity of 
electric lights as fitted shall be maintained on the horizontal.
    (d) In the case of lights other than electric lights these 
specifications shall be met as closely as possible.



Sec.  84.17  Intensity of non-electric lights.

    Non-electric lights shall so far as practicable comply with the 
minimum intensities, as specified in the Table 84.14(b).



Sec.  84.18  Maneuvering light.

    Notwithstanding the provisions of Sec.  84.02(f), the maneuvering 
light described in Rule 34(b)(Sec.  83.34(b) of this chapter) shall be 
placed approximately in the same fore and aft vertical plane as the 
masthead light or lights and, where practicable, at a minimum height of 
one-half meter vertically above the forward masthead light, provided 
that it shall be carried not less than one-half meter vertically above 
or below the after masthead light. On a vessel where only one masthead 
light is carried the maneuvering light, if fitted, shall be carried 
where it can best be seen, not less than one-half meter vertically apart 
from the masthead light.



Sec.  84.19  High-speed craft.

    (a) The masthead light of high-speed craft may be placed at a height 
related to the breadth of the craft lower than that prescribed in Sec.  
84.02(a)(i), provided that the base angle of the isosceles triangle 
formed by the sidelights and masthead light, when seen in end elevation 
is not less than 27 deg..
    (b) On high-speed craft of 50 meters or more in length, the vertical 
separation between foremast and mainmast light of 4.5 meters required by 
Sec.  84.02(k) may be modified provided that such distance shall not be 
less than the value determined by the following formula:
[GRAPHIC] [TIFF OMITTED] TR02JY14.001

Where:

y is the height of the mainmast light above the foremast light in 
          meters;
a is the height of the foremast light above the water surface in service 
          condition in meters;
[Psi] is the trim in service condition in degrees;

[[Page 222]]

C is the horizontal separation of masthead lights in meters.

    Note to Sec.  84.19: Refer to the International Code of Safety for 
High-Speed Craft, 1994 and the International Code of Safety for High-
Speed Craft, 2000.



Sec.  84.20  Approval.

    The construction of lights and shapes and the installation of lights 
on board the vessel must satisfy the Commandant, U.S. Coast Guard.

                           PART 85 [RESERVED]



PART 86_ANNEX III: TECHNICAL DETAILS OF SOUND SIGNAL APPLIANCES
--Table of Contents



Sec.
86.01 Whistles.
86.02 Bell or Gong.
86.03 Approval. [Reserved]

    Authority: Sec. 303, Pub. L. 108-293, 118 Stat. 1042 (33 U.S.C. 
2071); Department of Homeland Security Delegation No. 0170.1.

    Source: 79 FR 37924, July 2, 2014, unless otherwise noted.



Sec.  86.01  Whistles.

    (a) Frequencies and range of audibility. The fundamental frequency 
of the signal shall lie within the range 70-700 Hz. The range of 
audibility of the signal from a whistle shall be determined by those 
frequencies, which may include the fundamental and/or one or more higher 
frequencies, which lie within the range 180-700 Hz (1%) for a vessel of 20 meters or more in length, or 180-
2100 Hz (1%) for a vessel of less than 20 meters 
in length and which provide the sound pressure levels specified in 
paragraph (c) of this section.
    (b) Limits of fundamental frequencies. To ensure a wide variety of 
whistle characteristics, the fundamental frequency of a whistle shall be 
between the following limits:
    (i) 70-200 Hz, for a vessel 200 meters or more in length.
    (ii) 130-350 Hz, for a vessel 75 meters but less than 200 meters in 
length.
    (iii) 250-700 Hz, for a vessel less than 75 meters in length.
    (c) Sound signal intensity and range of audibility.
    A whistle fitted in a vessel shall provide, in the direction of 
maximum intensity of the whistle and at a distance of 1 meter from it, a 
sound pressure level in at least one \1/3\rd-octave band within the 
range of frequencies 180-700 Hz (1%) for a vessel 
of 20 meters or more in length, or 180-2100 Hz (1%) for a vessel of less than 20 meters in length, of 
not less than the appropriate figure given in Table 86.01(c) of this 
section. The range of audibility in Table 86.01(c) is the approximate 
range at which a whistle may be heard on its forward axis with 90% 
probability in conditions of still air on board a vessel having average 
background noise level at the listening posts (taken to be 68 dB in the 
octave band centered on 250 Hz and 63 dB in the octave band centered on 
500 Hz). It is shown for information purposes only. In practice, the 
range at which a whistle may be heard is extremely variable and depends 
critically on weather conditions; the values given can be regarded as 
typical but under conditions of strong wind or high ambient noise level 
at the listening post the range may be reduced.

                                                 Table 86.01(c)
----------------------------------------------------------------------------------------------------------------
                                                                 \1/3\rd-octave band
                                                                level at 1 meter in dB     Audibility range in
                  Length of vessel in meters                    referred to 2 x 10-5N/       nautical miles
                                                                         m\2\
----------------------------------------------------------------------------------------------------------------
200 or more..................................................                      143                       2
75 but less than 200.........................................                      138                       1.5
20 but less than 75..........................................                      130                       1
Less than 20.................................................                  \1\ 120                       0.5
                                                                               \2\ 115
                                                                               \3\ 111
----------------------------------------------------------------------------------------------------------------
\1\ When the measured frequencies lie within the range 180-450 Hz.
\2\ When the measured frequencies lie within the range 450-800 Hz.
\3\ When the measured frequencies lie within the range 800-2100 Hz.


[[Page 223]]

    (d) Directional properties. The sound pressure level of a 
directional whistle shall be not more than 4 dB below the sound pressure 
level, specified in paragraph (c) of this section, in any direction in 
the horizontal plane within 45 degrees of the 
forward axis. The sound pressure level of the whistle in any other 
direction in the horizontal plane shall not be more than 10 dB less than 
the sound pressure level specified for the forward axis, so that the 
range of audibility in any direction will be at least half the range 
required on the forward axis. The sound pressure level shall be measured 
in that one \1/3\\rd\-octave band which determines the audibility range.
    (e) Positioning of whistles. (i) When a directional whistle is to be 
used as the only whistle on the vessel and is permanently installed, it 
shall be installed with its forward axis directed forward.
    (ii) A whistle shall be placed as high as practicable on a vessel, 
in order to reduce interception of the emitted sound by obstructions and 
also to minimize hearing damage risk to personnel. The sound pressure 
level of the vessel's own signal at listening posts shall not exceed 110 
dB(A) and so far as practicable should not exceed 100 dB(A).
    (f) Fitting of more than one whistle. If whistles are fitted at a 
distance apart of more than 100 meters, they shall not be sounded 
simultaneously.
    (g) Combined whistle systems. (i) A combined whistle system is a 
number of whistles (sound emitting sources) operated together. For the 
purposes of the Rules of Subchapter E a combined whistle system is to be 
regarded as a single whistle.
    (ii) The whistles of a combined system shall:
    (1) Be located at a distance apart of not more than 100 meters;
    (2) Be sounded simultaneously;
    (3) Each have a fundamental frequency different from those of the 
others by at least 10 Hz; and
    (4) Have a tonal characteristic appropriate for the length of vessel 
which shall be evidenced by at least two-thirds of the whistles in the 
combined system having fundamental frequencies falling within the limits 
prescribed in paragraph (b) of this section, or if there are only two 
whistles in the combined system, by the higher fundamental frequency 
falling within the limits prescribed in paragraph (b) of this section.

    Note to paragraph (g):
    If, due to the presence of obstructions, the sound field of a single 
whistle or of one of the whistles referred to in paragraph (f) of this 
section is likely to have a zone of greatly reduced signal level, a 
combined whistle system should be fitted so as to overcome this 
reduction.

    (h) Towing vessel whistles. A power-driven vessel normally engaged 
in pushing ahead or towing alongside may, at all times, use a whistle 
whose characteristic falls within the limits prescribed by paragraph (b) 
of this section for the longest customary composite length of the vessel 
and its tow.



Sec.  86.02  Bell or gong.

    (a) Intensity of signal. A bell or gong, or other device having 
similar sound characteristics shall produce a sound pressure level of 
not less than 110 dB at 1 meter.
    (b) Construction. Bells and gongs shall be made of corrosion-
resistant material and designed to give clear tone. The diameter of the 
mouth of the bell shall be not less than 300 mm for vessels of 20 meters 
or more in length. Where practicable, a power-driven bell striker is 
recommended to ensure constant force but manual operation shall be 
possible. The mass of the striker shall be not less than 3 percent of 
the mass of the bell.



Sec.  86.03  Approval. [Reserved]



PART 87_ANNEX IV: DISTRESS SIGNALS--Table of Contents



Sec.
87.01 Need of assistance.
87.02 Exclusive use.
87.03 Supplemental signals.

    Authority: Sec. 303, Pub. L. 108-293, 118 Stat. 1042 (33 U.S.C. 
2071); Department of Homeland Security Delegation No. 0170.1.

    Source: 79 FR 37925, July 2, 2014, unless otherwise noted.



Sec.  87.01  Need of assistance.

    The following signals, used or exhibited either together or 
separately, indicate distress and need of assistance:

[[Page 224]]

    (a) A gun or other explosive signal fired at intervals of about a 
minute;
    (b) A continuous sounding with any fog-signaling apparatus;
    (c) Rockets or shells, throwing red stars fired one at a time at 
short intervals;
    (d) A signal made by any method consisting of the group . . . - - - 
. . . (SOS) in the Morse Code;
    (e) A signal sent by radiotelephony consisting of the spoken word 
``Mayday'';
    (f) The International Code Signal of distress indicated by N.C.;
    (g) A signal consisting of a square flag having above or below it a 
ball or anything resembling a ball;
    (h) Flames on the vessel (as from a burning tar barrel, oil barrel, 
etc.);
    (i) A rocket parachute flare or a hand flare showing a red light;
    (j) A smoke signal giving off orange-colored smoke;
    (k) Slowly and repeatedly raising and lowering arms outstretched to 
each side;
    (l) A distress alert by means of digital selective calling (DSC) 
transmitted on:
    (i) VHF channel 70, or
    (ii) MF/HF on the frequencies 2187.5 kHz, 8414.5 kHz, 4207.5 kHz, 
6312 kHz, 12577 kHz or 16804.5 kHz;
    (m) A ship-to-shore distress alert transmitted by the ship's 
Inmarsat or other mobile satellite service provider ship earth station;
    (n) Signals transmitted by emergency position-indicating radio 
beacons;
    (o) Signals transmitted by radiocommunication systems, including 
survival craft radar transponders meeting the requirements of 47 CFR 
80.1095; and
    (p) A high intensity white light flashing at regular intervals from 
50 to 70 times per minute.



Sec.  87.02  Exclusive use.

    The use or exhibition of any of the foregoing signals except for the 
purpose of indicating distress and need of assistance and the use of 
other signals which may be confused with any of the above signals is 
prohibited.



Sec.  87.03  Supplemental signals.

    Attention is drawn to the relevant sections of the International 
Code of Signals, the International Aeronautical and Maritime Search and 
Rescue Manual, Volume III, the International Telecommunication Union 
Radio Regulations and the following signals:
    (a) A piece of orange-colored canvas with either a black square and 
circle or other appropriate symbol (for identification from the air);
    (b) A dye marker.



PART 88_ANNEX V: PILOT RULES--Table of Contents



Sec.
88.01 Purpose and applicability.
88.03 Definitions.
88.05 Law enforcement vessels.
88.07 Public safety activities.

    Authority: Sec. 303, Pub. L. 108-293, 118 Stat. 1042 (33 U.S.C. 
2071); Department of Homeland Security Delegation No. 0170.1.

    Source: 79 FR 37925, July 2, 2014, unless otherwise noted.



Sec.  88.01  Purpose and applicability.

    This part applies to all vessels operating on United States inland 
waters and to United States vessels operating on the Canadian waters of 
the Great Lakes to the extent there is no conflict with Canadian law.



Sec.  88.03  Definitions.

    The terms used in this part have the same meaning as the terms 
defined in part 83 of this subchapter.



Sec.  88.05  Law enforcement vessels.

    (a) Law enforcement vessels may display a flashing blue light when 
engaged in direct law enforcement or public safety activities. This 
light must be located so that it does not interfere with the visibility 
of the vessel's navigation lights.
    (b) The blue light described in this section may be displayed by law 
enforcement vessels of the United States and the States and their 
political subdivisions.



Sec.  88.07  Public safety activities.

    (a) Vessels engaged in government sanctioned public safety 
activities, and

[[Page 225]]

commercial vessels performing similar functions, may display an 
alternately flashing red and yellow light signal. This identification 
light signal must be located so that it does not interfere with the 
visibility of the vessel's navigation lights. The identification light 
signal may be used only as an identification signal and conveys no 
special privilege. Vessels using the identification light signal during 
public safety activities must abide by the Inland Navigation Rules, and 
must not presume that the light or the exigency gives them precedence or 
right of way.
    (b) Public safety activities include but are not limited to 
patrolling marine parades, regattas, or special water celebrations; 
traffic control; salvage; firefighting; medical assistance; assisting 
disabled vessels; and search and rescue.

[79 FR 37925, July 2, 2014, as amended by USCG-2012-0102, 79 FR 68622, 
Nov. 18, 2014]



PART 89_INLAND NAVIGATION RULES: IMPLEMENTING RULES--Table of Contents



             Subpart A_Certificate of Alternative Compliance

Sec.
89.1 Definitions.
89.3 General.
89.5 Application for a Certificate of Alternative Compliance.
89.9 Certificate of Alternative Compliance: Contents.
89.17 Certificate of Alternative Compliance: Termination.
89.18 Record of certification of vessels of special construction or 
          purpose.

    Subpart B_Waters Upon Which Certain Inland Navigation Rules Apply

89.21 Purpose.
89.23 Definitions.
89.25 Waters upon which Inland Rules 9(a)(ii), 14(d), and 15(b) apply.
89.27 Waters upon which Inland Rule 24(i) applies.

    Authority: 33 U.S.C. 2071; 49 CFR 1.46(n)(14).

    Source: CGD 80-157, 47 FR 13801, Apr. 1, 1982, unless otherwise 
noted.



             Subpart A_Certificate of Alternative Compliance



Sec.  89.1  Definitions.

    As used in this subpart:
    Inland Rules refers to the Inland Navigation Rules contained in the 
Inland Navigational Rules Act of 1980 (Pub. L. 96-591) and the technical 
annexes established under that act.
    A vessel of special construction or purpose means a vessel designed 
or modified to perform a special function and whose arrangement is 
thereby made relatively inflexible.
    Interference with the special function of the vessel occurs when 
installation or use of lights, shapes, or sound-signaling appliances 
under the Inland Rules prevents or significantly hinders the operation 
in which the vessel is usually engaged.

[CGD 80-157, 47 FR 13801, Apr. 1, 1982, as amended by CGD 83-028, 49 FR 
33876, Aug. 27, 1984]



Sec.  89.3  General.

    Vessels of special construction or purpose which cannot fully comply 
with the light, shape, and sound signal provisions of the Inland Rules 
without interfering with their special function may instead meet 
alternative requirements. The Chief of the Marine Safety Division in 
each Coast Guard District Office makes this determination and requires 
that alternative compliance be as close as possible with the Inland 
Rules. These regulations set out the procedure by which a vessel may be 
certified for alternative compliance. The information collection and 
recordkeeping requirements in Sec. Sec.  89.5 and 89.18 have been 
approved by the Office of Management and Budget under OMB control No. 
1625-0019.

[CGD 80-157, 47 FR 13801, Apr. 1, 1982, as amended by USCG-2006-25150, 
71 FR 39208, July 12, 2006]



Sec.  89.5  Application for a Certificate of Alternative Compliance.

    (a) The owner, builder, operator, or agent of a vessel of special 
construction or purpose who believes the vessel cannot fully comply with 
the Inland Rules light, shape, or sound signal provisions without 
interference with its

[[Page 226]]

special function may apply for a determination that alternative 
compliance is justified. The application must be in writing, submitted 
to the Chief of the Marine Safety Division of the Coast Guard District 
in which the vessel is being built or operated, and include the 
following information:
    (1) The name, address, and telephone number of the applicant.
    (2) The identification of the vessel by its:
    (i) Official number;
    (ii) Shipyard hull number;
    (iii) Hull identification number; or
    (iv) State number, if the vessel does not have an official number or 
hull identification number.
    (3) Vessel name and home port, if known.
    (4) A description of the vessel's area of operation.
    (5) A description of the provision for which the Certificate of 
Alternative Compliance is sought, including:
    (i) The Inland Rules Rule or Annex section number for which the 
Certificate of Alternative Compliance is sought;
    (ii) A description of the special function of the vessel that would 
be interfered with by full compliance with the provision of that Rule or 
Annex section; and
    (iii) A statement of how full compliance would interfere with the 
special function of the vessel.
    (6) A description of the alternative installation that is in closest 
possible compliance with the applicable Inland Navigation Rules Rule or 
Annex section.
    (7) A copy of the vessel's plans or an accurate scale drawing that 
clearly shows:
    (i) The required installation of the equipment under the Inland 
Rules,
    (ii) The proposed installation of the equipment for which 
certification is being sought, and
    (iii) Any obstructions that may interfere with the equipment when 
installed in:
    (A) The required location; and
    (B) The proposed location.
    (b) The Coast Guard may request from the applicant additional 
information concerning the application.

[CGD 80-157, 47 FR 13801, Apr. 1, 1982; 47 FR 18332, Apr. 29, 1982]



Sec.  89.9  Certificate of Alternative Compliance: Contents.

    The Chief of the Marine Safety Division issues the Certificate of 
Alternative Compliance to the vessel based on a determination that it 
cannot comply fully with Inland Rules light, shape, and sound signal 
provisions without interference with its special function. This 
Certificate includes:
    (a) Identification of the vessel as supplied in the application 
under Sec.  89.5(a)(2);
    (b) The provision of the Inland Rules for which the Certificate 
authorizes alternative compliance;
    (c) A certification that the vessel is unable to comply fully with 
the Inland Rules light, shape, and sound signal requirements without 
interference with its special function;
    (d) A statement of why full compliance would interfere with the 
special function of the vessel;
    (e) The required alternative installation;
    (f) A statement that the required alternative installation is in the 
closest possible compliance with the Inland Rules without interfering 
with the special function of the vessel;
    (g) The date of issuance;
    (h) A statement that the Certificate of Alternative Compliance 
terminates when the vessel ceases to be usually engaged in the operation 
for which the certificate is issued.



Sec.  89.17  Certificate of Alternative Compliance: Termination.

    The Certificate of Alternative Compliance terminates if the 
information supplied under Sec.  89.5(a) or the Certificate issued under 
Sec.  89.9 is no longer applicable to the vessel.



Sec.  89.18  Record of certification of vessels of special construction
or purpose.

    (a) Copies of Certificates of Alternative Compliance and 
documentation concerning Coast Guard vessels are available for 
inspection at the offices

[[Page 227]]

of the Marine Transportation Systems Directorate, U.S. Coast Guard 
Headquarters (CG-5PW), Stop 7509, 2703 Martin Luther King Avenue SE., 
Washington, DC 20593-7509.
    (b) The owner or operator of a vessel issued a Certificate shall 
ensure that the vessel does not operate unless the Certificate of 
Alternative Compliance or a certified copy of that Certificate is on 
board the vessel and available for inspection by Coast Guard personnel.

[CGD 80-187, 47 FR 13801, Apr. 1, 1982, as amended by CGD 88-052, 53 FR 
25120, July 1, 1988; CGD 96-026, 61 FR 33663, June 28, 1996; CGD 97-023, 
62 FR 33363, June 19, 1997; USCG-2002-12471, 67 FR 41332, June 18, 2002; 
USCG-2010-0351, 75 FR 36281, June 25, 2010; USCG-2014-0410, 79 FR 38431, 
July 7, 2014]



    Subpart B_Waters Upon Which Certain Inland Navigation Rules Apply



Sec.  89.21  Purpose.

    Inland Navigation Rules 9(a)(ii), 14(d), and 15(b) apply to the 
Great Lakes, and along with 24(i), apply on the ``Western Rivers'' as 
defined in Rule 3(1), and to additional specifically designated waters. 
The purpose of this Subpart is to specify those additional waters upon 
which Inland Navigation Rules 9(a)(ii), 14(d), 15(b), and 24(i) apply.

[CGD 85-081, 51 FR 4592, Feb. 6, 1986]



Sec.  89.23  Definitions.

    As used in this subpart:
    Inland Rules refers to the Inland Navigation Rules contained in the 
Inland Navigational Rules Act of 1980 (Pub. L. 96-591, 33 U.S.C. 2001 
et. seq.) and the technical annexes established under that Act.

[CGD 83-028, 49 FR 33876, Aug. 27, 1984]



Sec.  89.25  Waters upon which Inland Rules 9(a)(ii), 14(d), and 15(b) apply.

    Inland Rules 9(a)(ii), 14(d), and 15(b) apply on the Great Lakes, 
the Western Rivers, and the following specified waters:
    (a) Tennessee-Tombigbee Waterway.
    (b) Tombigbee River.
    (c) Black Warrior River.
    (d) Alabama River.
    (e) Coosa River.
    (f) Mobile River above the Cochrane Bridge at St. Louis Point.
    (g) Flint River.
    (h) Chattahoochee River.
    (i) The Apalachicola River above its confluence with the Jackson 
River.

[CGD 91-050, 58 FR 27625, May 10, 1993, as amended by USCG-2014-0410, 79 
FR 38432, July 7, 2014]



Sec.  89.27  Waters upon which Inland Rule 24(i) applies.

    (a) Inland Rule 24(i) applies on the Western Rivers and the 
specified waters listed in Sec.  89.25 (a) through (i).
    (b) Inland Rule 24(i) applies on the Gulf Intracoastal Waterway from 
St. Marks, Florida, to the Rio Grande, Texas, including the Morgan City-
Port Allen Alternate Route and the Galveston-Freeport Cutoff, except 
that a power-driven vessel pushing ahead or towing alongside shall 
exhibit the lights required by Inland Rule 24(c), while transiting 
within the following areas:
    (1) St. Andrews Bay from the Hathaway Fixed Bridge at Mile 284.6 
East of Harvey Locks (EHL) to the DuPont Fixed Bridge at Mile 295.4 EHL.
    (2) Pensacola Bay, Santa Rosa Sound and Big Lagoon from the Light 
``10'' off of Trout Point at Mile 176.9 EHL to the Pensacola Fixed 
Bridge at Mile 189.1 EHL.
    (3) Mobile Bay and Bon Secour Bay from the Dauphin Island Causeway 
Fixed Bridge at Mile 127.7 EHL to Little Point Clear at Mile 140 EHL.
    (4) Mississippi Sound from Grand Island Waterway Light ``1'' at Mile 
53.8 EHL to Light ``40'' off the West Point of Dauphin Island at Mile 
118.7 EHL.
    (5) The Mississippi River at New Orleans, Mississippi River-Gulf 
Outlet Canal and the Inner Harbor Navigation Canal from the junction of 
the Harvey Canal and the Algiers Alternate Route at Mile 6.5 West of 
Harvey Locks (WHL) to the Michoud Canal at Mile 18 EHL.
    (6) The Calcasieu River from the Calcasieu Lock at Mile 238.6 WHL to 
the Ellender Lift Bridge at Mile 243.6 WHL.
    (7) The Sabine Neches Canal from mile 262.5 WHL to mile 291.5 WHL.
    (8) Bolivar Roads from the Bolivar Assembling Basin at Mile 346 WHL 
to

[[Page 228]]

the Galveston Causeway Bridge at Mile 357.3 WHL.
    (9) Freeport Harbor from Surfside Beach Fixed Bridge at Mile 393.8 
WHL to the Bryan Beach Pontoon Bridge at Mile 397.6 WHL.
    (10) Matagorda Ship Channel area of Matagorda Bay from Range ``K'' 
Front Light at Mile 468.7 WHL to the Port O'Connor Jetty at Mile 472.2 
WHL.
    (11) Corpus Christi Bay from Redfish Bay Day Beacon ``55'' at Mile 
537.4 WHL when in the Gulf Intracoastal Waterway main route or from the 
north end of Lydia Ann Island Mile 531.1A when in the Gulf Intracoastal 
Waterway Alternate Route to Corpus Christi Bay LT 76 at Mile 543.7 WHL.
    (12) Port Isabel and Brownsville Ship Channel south of the Padre 
Island Causeway Fixed Bridge at Mile 665.1 WHL.

[CGD 91-050, 58 FR 27625, May 10, 1993]



PART 90_INLAND RULES: INTERPRETATIVE RULES--Table of Contents



Sec.
90.1 Purpose.
90.3 Pushing vessel and vessel being pushed: Composite unit.
90.5 Lights for moored vessels.
90.7 Sidelights for unmanned barges.

    Authority: 33 U.S.C. 2071; 49 CFR 1.46(n)(14).

    Source: CGD 83-011, 48 FR 51622, Nov. 10, 1983, unless otherwise 
noted.



Sec.  90.1  Purpose.

    This part contains the interpretative rules for the Inland Rules. 
These interpretative rules are intended as a guide to assist the public 
and promote compliance with the Inland Rules.



Sec.  90.3  Pushing vessel and vessel being pushed: Composite unit.

    Rule 24(b) of the Inland Rules states that when a pushing vessel and 
a vessel being pushed ahead are rigidly connected in a composite unit, 
they are regarded as a power-driven vessel and must exhibit the lights 
prescribed in Rule 23. A ``composite unit'' is interpreted to be the 
combination of a pushing vessel and a vessel being push ahead that are 
rigidly connected by mechanical means so they react to sea and swell as 
one vessel. Mechanical means does not include lines, wires, hawsers, or 
chains.



Sec.  90.5  Lights for moored vessels.

    A vessel at anchor includes a vessel made fast to one or more 
mooring buoys or other similar device attached to the ocean floor. Such 
vessels may be lighted as a vessel at anchor in accordance with Rule 30, 
or may be lighted on the corners in accordance with 33 CFR 88.30(h) 
through (l).

[CGD 94-011, 63 FR 5732, Feb. 4, 1998, as amended by USCG-2015-0433, 80 
FR 44281, July 27, 2015]



Sec.  90.7  Sidelights for unmanned barges.

    An unmanned barge being towed may use the exception of COLREGS Rule 
24(h). However, this exception only applies to the vertical sector 
requirements for sidelights.

[CGD 94-011, 63 FR 5732, Feb. 4, 1998]

[[Page 229]]



                SUBCHAPTER F_VESSEL OPERATING REGULATIONS





PART 95_OPERATING A VESSEL WHILE UNDER THE INFLUENCE OF ALCOHOL OR A
DANGEROUS DRUG--Table of Contents



Sec.
95.001 Purpose.
95.005 Applicability.
95.010 Definition of terms as used in this part.
95.015 Operating a vessel.
95.020 Standard for under the influence of alcohol or a dangerous drug.
95.025 Adoption of State blood alcohol concentration levels.
95.030 Evidence of under the influence of alcohol or a dangerous drug.
95.035 Reasonable cause for directing a chemical test.
95.040 Refusal to submit to testing.
95.045 General operating rules for vessels inspected, or subject to 
          inspection, under Chapter 33 of Title 46 United States Code.
95.050 Responsibility for compliance.

    Authority: 33 U.S.C. 2071; 46 U.S.C. 2302; Department of Homeland 
Security Delegation No. 0170.1.

    Source: CGD 84-099, 52 FR 47532, Dec. 14, 1987, unless otherwise 
noted.



Sec.  95.001  Purpose.

    (a) The purpose of this part is to establish under the influence of 
alcohol or a dangerous drug standards under 46 U.S.C. 2302 and to 
prescribe restrictions and responsibilities for personnel on vessels 
inspected, or subject to inspection, under Chapter 33 of Title 46 United 
States Code. This part does not pre-empt enforcement by a State of its 
applicable laws and regulations concerning operating a recreational 
vessel while under the influence of alcohol or a dangerous drug.
    (b) Nothing in this part shall be construed as limiting the 
authority of a vessel's marine employer to limit or prohibit the use or 
possession of alcohol on board a vessel.

[CGD 84-099, 52 FR 47532, Dec. 14, 1987, as amended by USCG-1998-4593, 
66 FR 1862, Jan. 10, 2001]



Sec.  95.005  Applicability.

    (a) This part is applicable to a vessel (except those excluded by 46 
U.S.C. 2109) operated on waters subject to the jurisdiction of the 
United States, and to a vessel owned in the United States on the high 
seas. This includes a foreign vessel operated on waters subject to the 
jurisdiction of the United States.
    (b) This part is also applicable at all times to vessels inspected, 
or subject to inspection, under Chapter 33 of Title 46 United States 
Code.

[CGD 84-099, 52 FR 47532, Dec. 14, 1987; CGD 84-009, 53 FR 13117, Apr. 
21, 1988]



Sec.  95.010  Definition of terms as used in this part.

    Alcohol means any form or derivative of ethyl alcohol (ethanol).
    Alcohol concentration means either grams of alcohol per 100 
milliliters of blood, or grams of alcohol per 210 liters of breath.
    Blood alcohol concentration level means a certain percentage of 
alcohol in the blood.
    Chemical test means a test which analyzes an individual's breath, 
blood, urine, saliva and/or other bodily fluids or tissues for evidence 
of drug or alcohol use.
    Controlled substance has the same meaning assigned by 21 U.S.C. 802 
and includes all substances listed on Schedules I through V as they may 
be revised from time to time (21 CFR Part 1308).
    Drug means any substance (other than alcohol) that has known mind or 
function-altering effects on a person, specifically including any 
psychoactive substance, and including, but not limited to, controlled 
substances.
    Intoxicant means any form of alcohol, drug or combination thereof.
    Law enforcement officer means a Coast Guard commissioned, warrant, 
or petty officer; or any other law enforcement officer authorized to 
obtain a chemical test under Federal, State, or local law.
    Marine employer means the owner, managing operator, charterer, 
agent, master, or person in charge of a vessel other than a recreational 
vessel.
    Recreational vessel means a vessel meeting the definition in 46 
U.S.C. 2101(25) that is then being used only for pleasure.

[[Page 230]]

    State means a State or Territory of the United States of America 
including but not limited to a State of the United States, American 
Samoa, the Commonwealth of the Northern Marianas Islands, District of 
Columbia, Guam, Puerto Rico, and the United States Virgin Islands.
    Under the influence means impaired or intoxicated by a drug or 
alcohol as a matter of law.
    Underway means that a vessel is not at anchor, or made fast to the 
shore, or aground.
    Vessel includes every description of watercraft or other artificial 
contrivance used, or capable of being used, as a means of transportation 
on water.
    Vessel owned in the United States means any vessel documented or 
numbered under the laws of the United States; and, any vessel owned by a 
citizen of the United States that is not documented or numbered by any 
nation.
    Waters subject to the jurisdiction of the United States means those 
waters described in Sec.  2.38 of this chapter.

[CGD 84-099, 52 FR 47532, Dec. 14, 1987; CGD 84-099, 53 FR 13117, Apr. 
21, 1988, as amended by USCG-1998-4593, 66 FR 1862, Jan. 10, 2001; USCG-
2001-9044, 68 FR 42601, July 18, 2003]



Sec.  95.015  Operating a vessel.

    For purposes of this part, an individual is considered to be 
operating a vessel when:
    (a) The individual has an essential role in the operation of a 
recreational vessel underway, including but not limited to navigation of 
the vessel or control of the vessel's propulsion system.
    (b) The individual is a crewmember (including an officer), pilot, or 
watchstander not a regular member of the crew, of a vessel other than a 
recreational vessel.

[CGD 84-099, 52 FR 47532, Dec. 14, 1987, as amended at USCG-2006-24371, 
74 FR 11211, Mar. 16, 2009]



Sec.  95.020  Standard for under the influence of alcohol or a dangerous drug.

    An individual is under the influence of alcohol or a dangerous drug 
when:
    (a) The individual is operating a recreational vessel and has a 
Blood Alcohol Concentration (BAC) level of .08 percent or more, by 
weight, in their blood;
    (b) The individual is operating a vessel other than a recreational 
vessel and has an alcohol concentration of .04 percent by weight or more 
in their blood; or,
    (c) The individual is operating any vessel and the effect of the 
intoxicant(s) consumed by the individual on the person's manner, 
disposition, speech, muscular movement, general appearance or behavior 
is apparent by observation.

[CGD 84-099, 52 FR 47532, Dec. 14, 1987; CGD 84-099, 53 FR 13117, Apr. 
21, 1988, as amended by USCG-1998-4593, 66 FR 1862, Jan. 10, 2001]



Sec.  95.025  Adoption of State blood alcohol concentration levels.

    (a) This section applies to operators of recreational vessels on 
waters within the geographical boundaries of any State that has 
established by statute a blood alcohol concentration level for purposes 
of determining whether a person is operating a vessel under the 
influence of alcohol.
    (b) If the applicable State statute establishes a blood alcohol 
concentration level at which a person is considered or presumed to be 
under the influence of alcohol, then that level applies within the 
geographical boundaries of that State instead of the level provided in 
Sec.  95.020(a) of this part.
    (c) For the purposes of this part, a standard established by State 
statute and adopted under this section is applicable to the operation of 
any recreational vessel on waters within the geographical boundaries of 
the State.

[CGD 84-099, 52 FR 47532, Dec. 14, 1987, as amended by USCG-1998-4593, 
66 FR 1862, Jan. 10, 2001]



Sec.  95.030  Evidence of under the influence of alcohol or a dangerous drug.

    Acceptable evidence of when a vessel operator is under the influence 
of alcohol or a dangerous drug includes, but is not limited to:
    (a) Personal observation of an individual's manner, disposition, 
speech, muscular movement, general appearance, or behavior; or,

[[Page 231]]

    (b) A chemical test.

[CGD 84-099, 53 FR 13117, Apr. 21, 1988; CGD 84-009, 53 FR 13117, Apr. 
21, 1988, as amended by USCG-1998-4593, 66 FR 1862, Jan. 10, 2001]



Sec.  95.035  Reasonable cause for directing a chemical test.

    (a) Only a law enforcement officer or a marine employer may direct 
an individual operating a vessel to undergo a chemical test when 
reasonable cause exists. Reasonable cause exists when:
    (1) The individual was directly involved in the occurrence of a 
marine casualty as defined in Chapter 61 of Title 46, United States 
Code, or
    (2) The individual is suspected of being in violation of the 
standards in Sec. Sec.  95.020 or 95.025.
    (b) When an individual is directed to undergo a chemical test, the 
individual to be tested must be informed of that fact and directed to 
undergo a test as soon as is practicable.
    (c) When practicable, a marine employer should base a determination 
of the existence of reasonable cause, under paragraph (a)(2) of this 
section, on observation by two persons.

[CGD 84-099, 52 FR 47532, Dec. 14, 1987; CGD 84-099, 53 FR 13117, Apr. 
1, 1988]



Sec.  95.040  Refusal to submit to testing.

    (a) If an individual refuses to submit to or cooperate in the 
administration of a timely chemical test when directed by a law 
enforcement officer based on reasonable cause, evidence of the refusal 
is admissible in evidence in any administrative proceeding and the 
individual will be presumed to be under the influence of alcohol or a 
dangerous drug.
    (b) If an individual refuses to submit to or cooperate in the 
administration of a timely chemical test when directed by the marine 
employer based on reasonable cause, evidence of the refusal is 
admissible in evidence in any administrative proceeding.

[CGD 84-099, 52 FR 47532, Dec. 14, 1987, as amended by USCG-1998-4593, 
66 FR 1862, Jan. 10, 2001]



Sec.  95.045  General operating rules for vessels inspected, or subject
to inspection, under Chapter 33 of Title 46 United States Code.

    While on board a vessel inspected, or subject to inspection, under 
Chapter 33 of Title 46 United States Code, a crewmember (including an 
officer), pilot, or watchstander not a regular member of the crew:
    (a) Shall not perform or attempt to perform any scheduled duties 
within four hours of consuming any alcohol;
    (b) Shall not be intoxicated at any time;
    (c) Shall not consume any intoxicant while on watch or duty; and
    (d) May consume a legal non-prescription or prescription drug 
provided the drug does not cause the individual to be intoxicated.

[CGD 84-099, 52 FR 47532, Dec. 14, 1987, as amended at USCG-2006-24371, 
74 FR 11211, Mar. 16, 2009]



Sec.  95.050  Responsibility for compliance.

    (a) The marine employer shall exercise due diligence to assure 
compliance with the applicable provisions of this part.
    (b) If the marine employer has reason to believe that an individual 
is intoxicated, the marine employer shall not allow that individual to 
stand watch or perform other duties.



PART 96_RULES FOR THE SAFE OPERATION OF VESSELS AND SAFETY MANAGEMENT 
SYSTEMS--Table of Contents



                            Subpart A_General

Sec.
96.100 Purpose.
96.110 Who does this subpart apply to?
96.120 Definitions.
96.130 Incorporation by reference.

         Subpart B_Company and Vessel Safety Management Systems

96.200 Purpose.
96.210 Who does this subpart apply to?
96.220 What makes up a safety management system?
96.230 What objectives must a safety management system meet?
96.240 What functional requirements must a safety management system 
          meet?
96.250 What documents and reports must a safety management system have?

[[Page 232]]

    Subpart C_How Will Safety Management Systems Be Certificated and 
                                Enforced?

96.300 Purpose.
96.310 Who does this subpart apply to?
96.320 What is involved to complete a safety management audit and when 
          is it required to be completed?
96.330 Document of Compliance certificate: what is it and when is it 
          needed?
96.340 Safety Management Certificate: what is it and when is it needed?
96.350 Interim Document of Compliance certificate: what is it and when 
          can it be used?
96.360 Interim Safety Management Certificate: what is it and when can it 
          be used?
96.370 What are the requirements for vessels of countries not party to 
          Chapter IX of SOLAS?
96.380 How will the Coast Guard handle compliance and enforcement of 
          these regulations?
96.390 When will the Coast Guard deny entry into a U.S. port?

Subpart D_Authorization of Recognized Organizations To Act on Behalf of 
                                the U.S.

96.400 Purpose.
96.410 Who does this regulation apply to?
96.420 What authority may an organization ask for under this regulation?
96.430 How does an organization submit a request to be authorized?
96.440 How will the Coast Guard decide whether to approve an 
          organization's request to be authorized?
96.450 What happens if the Coast Guard disapproves an organization's 
          request to be authorized?
96.460 How will I know what the Coast Guard requires of my organization 
          if my organization receives authorization?
96.470 How does the Coast Guard terminate an organization's 
          authorization?
96.480 What is the status of a certificate if the issuing organization 
          has its authority terminated?
96.490 What further obligations exist for my organization if the Coast 
          Guard terminates its authorization?
96.495 How can I appeal a decision made by an authorized organization?

    Authority: 46 U.S.C. 3201 et. seq.; 46 U.S.C. 3103; 46 U.S.C. 3316; 
33 U.S.C. 1231.

    Source: CGD 95-073, 62 FR 67506, Dec. 24, 1997, unless otherwise 
noted.

    Editorial Note: Nomenclature changes to part 96 appear by USCG-2010-
0351, 75 FR 36281, June 25, 2010, and by USCG-2014-0410, 79 FR 38432, 
July 7, 2014.



                            Subpart A_General



Sec.  96.100  Purpose.

    This subpart implements Chapter IX of the International Convention 
for the Safety of Life at Sea (SOLAS), 1974, International Management 
Code for the Safe Operation of Ships and for Pollution Prevention 
(International Safety Management (ISM) Code), as required by 46 U.S.C. 
Chapter 32.

    Note: Chapter IX of SOLAS is available from the International 
Maritime Organization, Publication Section, 4 Albert Embankment, London, 
SE1 75R, United Kingdom, Telex 23588. Please include document reference 
number ``IMO-190E'' in your request.



Sec.  96.110  Who does this subpart apply to?

    This subpart applies to you if--
    (a) You are a responsible person who owns a U.S. vessel(s) and must 
comply with Chapter IX of SOLAS;
    (b) You are a responsible person who owns a U.S. vessel(s) that is 
not required to comply with Chapter IX of SOLAS, but requests 
application of this subpart;
    (c) You are a responsible person who owns a foreign vessel(s) 
engaged on a foreign voyage, bound for ports or places under the 
jurisdiction of the U.S., which must comply with Chapter IX of SOLAS; or
    (d) You are a recognized organization applying for authorization to 
act on behalf of the U.S. to conduct safety management audits and issue 
international convention certificates.



Sec.  96.120  Definitions.

    (a) Unless otherwise stated in this section, the definitions in 
Chapter IX, Regulation 1 of the International Convention for the Safety 
of Life at Sea (SOLAS) apply to this part.
    (b) As used in this part--
    Administration means the Government of the State whose flag the ship 
is entitled to fly.
    Authorized Organization Acting on behalf of the U.S. means an 
organization that is recognized by the Commandant of the U.S. Coast 
Guard under the minimum standards of subparts A and B of 46 CFR part 8, 
and has been authorized under this section to conduct certain

[[Page 233]]

actions and certifications on behalf of the United States.
    Captain of the Port (COTP) means the U.S. Coast Guard officer as 
described in 33 CFR 6.01-3, commanding a Captain of the Port zone 
described in 33 CFR part 3, or that person's authorized representative.
    Commandant means the Commandant, U.S. Coast Guard.
    Company means the owner of a vessel, or any other organization or 
person such as the manager or the bareboat charterer of a vessel, who 
has assumed the responsibility for operation of the vessel from the 
shipowner and who on assuming responsibility has agreed to take over all 
the duties and responsibilities imposed by this part or the ISM Code.
    Designated person means a person or persons designated in writing by 
the responsible person who monitors the safety management system of the 
company and vessel and has:
    (1) Direct access to communicate with the highest levels of the 
company and with all management levels ashore and aboard the company's 
vessel(s);
    (2) Responsibility to monitor the safety and environmental aspects 
of the operation of each vessel; and
    (3) Responsibility to ensure there are adequate support and shore-
based resources for vessel(s) operations.
    Document of Compliance means a certificate issued to a company or 
responsible person that complies with the requirements of this part or 
the ISM Code.
    International Safety Management (ISM) Code means the International 
Management Code for the Safe Operation of Ships and Pollution 
Prevention, Chapter IX of the Annex to the International Convention for 
the Safety of Life at Sea (SOLAS), 1974.
    Non-conformity means an observed situation where objective evidence 
indicates the non-fulfillment of a specified requirement.
    Major non-conformity means an identifiable deviation which poses a 
serious threat to personnel or vessel safety or a serious risk to the 
environment and requires immediate corrective action; in addition, the 
lack of effective and systematic implementation of a requirement of the 
ISM Code is also considered a major non-conformity.
    Objective Evidence means quantitative or qualitative information, 
records or statements of fact pertaining to safety or to the existence 
and implementation of a safety management system element, which is based 
on observation, measurement or test and which can be verified.
    Officer In Charge, Marine Inspection (OCMI) means the U.S. Coast 
Guard officer as described in 46 CFR 1.01-15(b), in charge of an 
inspection zone described in 33 CFR part 3, or that person's authorized 
representative.
    Recognized organization means an organization which has applied and 
been recognized by the Commandant of the Coast Guard to meet the minimum 
standards of 46 CFR part 8, subparts A and B.
    Responsible person means--
    (1) The owner of a vessel to whom this part applies, or
    (2) Any other person that--
    (i) has assumed the responsibility from the owner for operation of 
the vessel to which this part applies; and
    (ii) agreed to assume, with respect to the vessel, responsibility 
for complying with all the requirements of this part.
    (3) A responsible person may be a company, firm, corporation, 
association, partnership or individual.
    Safety management audit means a systematic and independent 
examination to determine whether the safety management system activities 
and related results comply with planned arrangements and whether these 
arrangements are implemented effectively and are suitable to achieve 
objectives.
    Safety Management Certificate means a document issued to a vessel 
which signifies that the responsible person or its company, and the 
vessel's shipboard management operate in accordance with the approved 
safety management system.
    Safety Management System means a structured and documented system 
enabling Company and vessel personnel to effectively implement the 
responsible person's safety and environmental protection policies.
    SOLAS means the International Convention for the Safety of Life at 
Sea, 1974, as amended.

[[Page 234]]

    Vessel engaged on a foreign voyage means a vessel to which this part 
applies that is--
    (1) Arriving at a place under the jurisdiction of the United States 
from a place in a foreign country;
    (2) Making a voyage between places outside the United States; or
    (3) Departing from a place under the jurisdiction of the United 
States for a place in a foreign country.



Sec.  96.130  Incorporation by reference.

    (a) The Director of the Federal Register approves certain material 
that is incorporated by reference into this subpart under 5 U.S.C. 
552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in paragraph (b) of this section, the Coast Guard must publish 
notice of the change in the Federal Register and the material must be 
available to the public. You may inspect all material at the Coast Guard 
Headquarters. Contact Commandant (CG-ENG), Attn: Office of Design and 
Engineering Standards, U.S. Coast Guard Stop 7509, 2703 Martin Luther 
King Jr. Avenue SE., Washington, DC 20593-7509. The material is also 
available at the National Archives and Records Administration (NARA) and 
from the source listed in paragraph (b) of this section. For information 
on the availability of this material at NARA, call 202-741-6030, or go 
to: http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.
    (b) The material approved for incorporation by reference in this 
subpart and the sections affected are as follows:

American National Standards Institute (ANSI)--11 West 42nd St., New 
          York, NY 10036.

    ANSI/ASQC Q9001-1994, Quality Systems--Model for Quality Assurance 
in Design, Development, Production, Installation, and Servicing, 1994--
96.430

International Maritime Organization IMO--4 Albert Embankment, London, 
          SE1 7SR, United Kingdom.

    Resolution A.741(18), International Management Code for the Safe 
Operation of Ships and for Pollution Prevention, November 4, 1993--
96.220, 96.370
    Resolution A.788 (19), Guidelines on Implementation of the 
International Safety Management (ISM) Code by Administrations, November 
23, 1995--96.320, 96.440
    Resolution A.739(18), Guidelines for the Authorization of 
Organizations Acting on Behalf of the Administration, November 4, 1993--
96.440

[CGD 95-073, 62 FR 67506, Dec. 24, 1997, as amended at 69 FR 18803, Apr. 
9, 2004]



         Subpart B_Company and Vessel Safety Management Systems



Sec.  96.200  Purpose.

    This subpart establishes the minimum standards that the safety 
management system of a company and its U.S. flag vessel(s) must meet for 
certification to comply with the requirements of 46 U.S.C. 3201-3205 and 
Chapter IX of SOLAS, 1974. It also permits companies with U.S. flag 
vessels that are not required to comply with this part to voluntarily 
develop safety management systems which can be certificated to standards 
consistent with Chapter IX of SOLAS.



Sec.  96.210  Who does this subpart apply to?

    (a) This subpart applies--
    (1) To a responsible person who owns or operates a U.S. vessel(s) 
engaged on a foreign voyage which meet the conditions of paragraph 
(a)(2) of this section;
    (2) To all U.S. vessels engaged on a foreign voyage that are--
    (i) A vessel transporting more than 12 passengers; or
    (ii) A tanker, a bulk freight vessel, a freight vessel or a self-
propelled mobile offshore drilling unit (MODU) of 500 gross tons or 
more; and
    (3) To all foreign vessels engaged on a foreign voyage, bound for 
ports or places under the jurisdiction of the U.S., and subject to 
Chapter IX of SOLAS.
    (b) This subpart does not apply to--
    (1) A barge;
    (2) A recreational vessel not engaged in commercial service;
    (3) A fishing vessel;
    (4) A vessel operating only on the Great Lakes or its tributary and 
connecting waters; or
    (5) A public vessel, which includes a U.S. vessel of the National 
Defense Reserve Fleet owned by the U.S. Maritime Administration and 
operated in non-commercial service.

[[Page 235]]

    (c) Any responsible person and their company who owns and operates a 
U.S. flag vessel(s) which does not meet the conditions of paragraph (a), 
may voluntarily meet the standards of this part and Chapter IX of SOLAS 
and have their safety management systems certificated.
    (d) The compliance date for the requirements of this part are--
    (1) On or after July 1, 1998, for--
    (i) Vessels transporting more than 12 passengers engaged on a 
foreign voyage; or
    (ii) Tankers, bulk freight vessels, or high speed freight vessels of 
at least 500 gross tons or more, engaged on a foreign voyage.
    (2) On or after July 1, 2002, for other freight vessels and self-
propelled mobile offshore drilling units (MODUs) of at least 500 gross 
tons or more, engaged on a foreign voyage.



Sec.  96.220  What makes up a safety management system?

    (a) The safety management system must document the responsible 
person's--
    (1) Safety and pollution prevention policy;
    (2) Functional safety and operational requirements;
    (3) Recordkeeping responsibilities; and
    (4) Reporting responsibilities.
    (b) A safety management system must also be consistent with the 
functional standards and performance elements of IMO Resolution 
A.741(18).



Sec.  96.230  What objectives must a safety management system meet?

    The safety management system must:
    (a) Provide for safe practices in vessel operation and a safe work 
environment onboard the type of vessel the system is developed for;
    (b) Establish and implement safeguards against all identified risks;
    (c) Establish and implement actions to continuously improve safety 
management skills of personnel ashore and aboard vessels, including 
preparation for emergencies related to both safety and environmental 
protection; and
    (d) Ensure compliance with mandatory rules and regulations, taking 
into account relevant national and international regulations, standards, 
codes and maritime industry guidelines, when developing procedures and 
policies for the safety management system.



Sec.  96.240  What functional requirements must a safety management
system meet?

    The functional requirements of a safety management system must 
include--
    (a) A written statement from the responsible person stating the 
company's safety and environmental protection policy;
    (b) Instructions and procedures to provide direction for the safe 
operation of the vessel and protection of the environment in compliance 
with the applicable U.S. Code of Federal Regulations, and international 
conventions to which the U.S. is a party (SOLAS, MARPOL, etc.);
    (c) Documents showing the levels of authority and lines of 
communication between shoreside and shipboard personnel;
    (d) Procedures for reporting accidents, near accidents, and non-
conformities with provisions of the company's and vessel's safety 
management system, and the ISM Code;
    (e) Procedures to prepare for and respond to emergency situations by 
shoreside and shipboard personnel;
    (f) Procedures for internal audits on the operation of the company 
and vessel(s) safety management system; and
    (g) Procedures and processes for management review of company 
internal audit reports and correction of non-conformities that are 
reported by these or other reports.



Sec.  96.250  What documents and reports must a safety management system have?

    The documents and reports required for a safety management system 
under Sec.  96.330 or Sec.  96.340 must include the written documents 
and reports itemized in Table 96.250. These documents and reports must 
be available to the company's shore-based and vessel(s)-based personnel:

[[Page 236]]



      Table 96.250--Safety Management System Documents and Reports
------------------------------------------------------------------------
   Type of documents and reports            Specific requirements
------------------------------------------------------------------------
(a) Safety and environmental        (1) Meet the objectives of Sec.
 policy statements.                  96.230; and
                                    (2) Are carried out and kept current
                                     at all levels of the company;
(b) Company responsibilities and    (1) The owners name and details of
 authority statements.               responsibility for operation of the
                                     company and vessel(s);
                                    (2) Name of the person responsible
                                     for operation of the company and
                                     vessel(s), if not the owner;
                                    (3) Responsibility, authority and
                                     interrelations of all personnel who
                                     manage, perform, and verify work
                                     relating to and affecting the
                                     safety and pollution prevention
                                     operations of the company and
                                     vessel(s); and
                                    (4) A statement describing the
                                     company's responsibility to ensure
                                     adequate resources and shore-based
                                     support are provided to enable the
                                     designated person or persons to
                                     carry out the responsibilities of
                                     this subpart.
(c) Designation in writing of a     (1) Have direct access to
 person or persons to monitor the    communicate with the highest levels
 safety management system for the    of the company and with all
 company and vessel(s).              management levels ashore and aboard
                                     the company's vessel(s);
                                    (2) Have the written responsibility
                                     to monitor the safety and
                                     environmental aspects of the
                                     operation of each vessel; and
                                    (3) Have the written responsibility
                                     to ensure there are adequate
                                     support and shore-based resources
                                     for vessel(s) operations.
(d) Written statements that define  (1) Carry out the company's safety
 the Master's responsibilities and   and environmental policies;
 authorities.                       (2) Motivate the vessel's crew to
                                     observe the safety management
                                     system policies;
                                    (3) Issue orders and instructions in
                                     a clear and simple manner;
                                    (4) Make sure that specific
                                     requirements are carried out by the
                                     vessel's crew and shore-based
                                     resources; and
                                    (5) Review the safety management
                                     system and report non-conformities
                                     to shore-based management.
(e) Written statements that the     (1) Ability to make decisions about
 Master has overriding               safety and environmental pollution;
 responsibility and authority to     and
 make vessel decisions.             (2) Ability to request the company's
                                     help when necessary.
(f) Personnel procedures and        (1) Masters of vessels are properly
 resources which are available       qualified for command;
 ashore and aboard ship..           (2) Masters of vessels know the
                                     company's safety management system;
                                    (3) Owners or companies provide the
                                     necessary support so that the
                                     Master's duties can be safely
                                     performed;
                                    (4) Each vessel is properly crewed
                                     with qualified, certificated and
                                     medically fit seafarers complying
                                     with national and international
                                     requirements;
                                    (5) New personnel and personnel
                                     transferred to new assignments
                                     involving safety and protection of
                                     the environment are properly
                                     introduced to their duties;
                                    (6) Personnel involved with the
                                     company's safety management system
                                     have an adequate understanding of
                                     the relevant rules, regulations,
                                     codes and guidelines;
                                    (7) Needed training is identified to
                                     support the safety management
                                     system and ensure that the training
                                     is provided for all personnel
                                     concerned;
                                    (8) Communication of relevant
                                     procedures for the vessel's
                                     personnel involved with the safety
                                     management system is in the
                                     language(s) understood by them; and
                                    (9) Personnel are able to
                                     communicate effectively when
                                     carrying out their duties as
                                     related to the safety management
                                     system.
(g) Vessel safety and pollution     (1) Define tasks; and
 prevention operation plans and     (2) Assign qualified personnel to
 instructions for key shipboard      specific tasks.
 operations..
(h) Emergency preparedness          (1) Identify, describe and direct
 procedures..                        response to potential emergency
                                     shipboard situations;
                                    (2) Set up programs for drills and
                                     exercises to prepare for emergency
                                     actions; and
                                    (3) Make sure that the company's
                                     organization can respond at
                                     anytime, to hazards, accidents and
                                     emergency situations involving
                                     their vessel(s).
(i) Reporting procedures on         (1) Report non-conformities of the
 required actions..                  safety management system;
                                    (2) Report accidents;
                                    (3) Report hazardous situations to
                                     the owner or company; and
                                    (4) Make sure reported items are
                                     investigated and analyzed with the
                                     objective of improving safety and
                                     pollution prevention.
(j) Vessel maintenance procedures.  (1) Inspect vessel's equipment,
 (These procedures verify that a     hull, and machinery at appropriate
 company's vessel(s) is maintained   intervals;
 in conformity with the provisions  (2) Report any non-conformity or
 of relevant rules and               deficiency with its possible cause,
 regulations, with any additional    if known;
 requirements which may be          (3) Take appropriate corrective
 established by the company.).       actions;
                                    (4) Keep records of these
                                     activities;
                                    (5) Identify specific equipment and
                                     technical systems that may result
                                     in a hazardous situation if a
                                     sudden operational failure occurs;
                                    (6) Identify measures that promote
                                     the reliability of the equipment
                                     and technical systems identified in
                                     paragraph (j)(5), and regularly
                                     test standby arrangements and
                                     equipment or technical systems not
                                     in continuous use; and
                                    (7) Include the inspections required
                                     by this section into the vessel's
                                     operational maintenance routine.

[[Page 237]]

 
(k) Safety management system        (1) Procedures which establish and
 document and data maintenance.      maintain control of all documents
                                     and data relevant to the safety
                                     management system.
                                    (2) Documents are available at all
                                     relevant locations, i.e., each
                                     vessel carries on board all
                                     documents relevant to that vessels
                                     operation;
                                    (3) Changes to documents are
                                     reviewed and approved by authorized
                                     personnel; and
                                    (4) Outdated documents are promptly
                                     removed.
(l) Safety management system        (1) Periodic evaluation of the
 internal audits which verify the    safety management system's
 safety and pollution prevention     efficiency and review of the system
 activities.                         in accordance with the established
                                     procedures of the company, when
                                     needed;
                                    (2) Types and frequency of internal
                                     audits, when they are required, how
                                     they are reported, and possible
                                     corrective actions, if necessary;
                                    (3) Determining factors for the
                                     selection of personnel, independent
                                     of the area being audited, to
                                     complete internal company and
                                     vessel audits; and
                                    (4) Communication and reporting of
                                     internal audit findings for
                                     critical management review and to
                                     ensure management personnel of the
                                     area audited take timely and
                                     corrective action on non-
                                     conformities or deficiencies found.
------------------------------------------------------------------------
Note: The documents and reports required by this part are for the
  purpose of promoting safety of life and property at sea, as well as
  protection of the environment. The documents and reports are intended
  to ensure the communication and understanding of company and vessel
  safety management systems, which will allow a measure of the systems
  effectiveness and its responsible person to continuously improve the
  system and safety the system provides.



    Subpart C_How Will Safety Management Systems Be Certificated and 
                                Enforced?



Sec.  96.300  Purpose.

    This subpart establishes the standards for the responsible person of 
a company and its vessel(s) to obtain the required and voluntary, 
national and international certification for the company's and vessel's 
safety management system.



Sec.  96.310  Who does this subpart apply to?

    This subpart applies:
    (a) If you are a responsible person who owns a vessel(s) registered 
in the U.S. and engaged on a foreign voyage(s), or holds certificates or 
endorsement of such voyages;
    (b) If you are a responsible person who owns a vessel(s) registered 
in the U.S. and volunteer to meet the standards of this part and Chapter 
IX of SOLAS;
    (c) To all foreign vessels engaged on a foreign voyage, bound for 
ports or places under the jurisdiction of the U.S., and subject to 
Chapter IX of SOLAS; or
    (d) If you are a recognized organization authorized by the U.S. to 
complete safety management audits and certification required by this 
part.



Sec.  96.320  What is involved to complete a safety management audit
and when is it required to be completed?

    (a) A safety management audit is any of the following:
    (1) An initial audit which is carried out before a Document of 
Compliance certificate or a Safety Management Certificate is issued;
    (2) A renewal audit which is carried out before the renewal of a 
Document of Compliance certificate or a Safety Management Certificate;
    (3) Periodic audits including--
    (i) An annual verification audit, as described in Sec.  96.330(f) of 
this part, and
    (ii) An intermediate verification audit, as described in Sec.  
96.340(e)(2) of this part.
    (b) A satisfactory audit means that the auditor(s) agrees that the 
requirements of this part are met, based on review and verification of 
the procedures and documents that make up the safety management system.
    (c) Actions required during safety management audits for a company 
and their U.S. vessel(s) are--
    (1) Review and verify the procedures and documents that make up a 
safety management system, as defined in subpart B of this part.
    (2) Make sure the audit complies with this subpart and is consistent 
with IMO Resolution A.788(19), Guidelines on Implementation of the 
International Safety Management (ISM) Code by Administrations.

[[Page 238]]

    (3) Make sure the audit is carried out by a team of Coast Guard 
auditors or auditors assigned by a recognized organization authorized to 
complete such actions by subpart D of this part.
    (d) Safety management audits for a company and their U.S. vessel(s) 
are required--
    (1) Before issuing or renewing a Document of Compliance certificate, 
and to keep a Document of Compliance certificate valid, as described in 
Sec. Sec.  96.330 and 96.340 of this part.
    (2) Before issuing or renewing a Safety Management Certificate, and 
to maintain the validity of a Safety Management Certificate, as 
described in Sec.  96.340 of this part.


However, any safety management audit for the purpose of verifying a 
vessel's safety management system will not be scheduled or conducted for 
a company's U.S. vessel unless the company first has undergone a safety 
management audit of the company's safety management system, and has 
received its Document of Compliance certificate.
    (e) Requests for all safety management audits for a company and its 
U.S. vessel(s) must be communicated--
    (1) By a responsible person directly to a recognized organization 
authorized by the U.S.
    (2) By a responsible person within the time limits for an annual 
verification audit, described in Sec.  96.330(f) of this part, and for 
an intermediate verification audit, described in Sec.  96.340(e)(2) of 
this part. If he or she does not make a request for a safety management 
annual or verification audit for a valid Document of Compliance 
certificate issued to a company or a valid Safety Management Certificate 
issued to a vessel, this is cause for the Coast Guard to revoke the 
certificate as described in Sec. Sec.  96.330 and 96.340 of this part.
    (f) If a non-conformity with a safety management system is found 
during an audit, it must be reported in writing by the auditor:
    (1) For a company's safety management system audit, to the company's 
owner; and
    (2) For a vessel's safety management system audit, to the company's 
owner and vessel's Master.



Sec.  96.330  Document of Compliance certificate: what is it and when
is it needed?

    (a) You must hold a valid Document of Compliance certificate if you 
are the responsible person who, or company which, owns a U.S. vessel 
engaged on foreign voyages, carrying more than 12 passengers, or is a 
tanker, bulk freight vessel, freight vessel, or a self-propelled mobile 
offshore drilling unit of 500 gross tons or more.
    (b) You may voluntarily hold a valid Document of Compliance 
certificate, if you are a responsible person who, or a company which, 
owns a U.S. vessel not included in paragraph (a) of this section.
    (c) You will be issued a Document of Compliance certificate only 
after you complete a satisfactory safety management audit as described 
in Sec.  96.320 of this part.
    (d) All U.S. and foreign vessels that carry more than 12 passengers 
or a tanker, bulk freight vessel, freight vessel, or a self-propelled 
mobile offshore drilling unit of 500 gross tons or more, must carry a 
valid copy of the company's Document of Compliance certificate onboard 
when on a foreign voyage.
    (e) A valid Document of Compliance certificate covers the type of 
vessel(s) on which a company's safety management system initial safety 
management audit was based. The validity of the Document of Compliance 
certificate may be extended to cover additional types of vessels after a 
satisfactory safety management audit is completed on the company's 
safety management system which includes those additional vessel types.
    (f) A Document of Compliance certificate is valid for 60 months. The 
company's safety management system must be verified annually by the 
Coast Guard or by an authorized organization acting on behalf of the 
U.S. through a safety management verification audit, within three months 
before or after the certificate's anniversary date.
    (g) Only the Coast Guard may revoke a Document of Compliance 
certificate from a company which owns a U.S. vessel. The Document of 
Compliance certificate may be revoked if--

[[Page 239]]

    (1) The annual safety management audit and system verification 
required by paragraph (f) of this section is not completed by the 
responsible person; or
    (2) Major non-conformities are found in the company's safety 
management system during a safety management audit or other related 
survey or inspection being completed by the Coast Guard or the 
recognized organization chosen by the company or responsible person.
    (3) The Coast Guard or an authorized organization acting on its 
behalf is denied, or restricted access to, any vessel, record or 
personnel of the company, at any time necessary to evaluate the safety 
management system.
    (h) When a company's valid Document of Compliance certificate is 
revoked by the Coast Guard, a satisfactory safety management audit must 
be completed before a new Document of Compliance certificate for the 
company's safety management system can be reissued.



Sec.  96.340  Safety Management Certificate: what is it and when is
it needed?

    (a) Your U.S. vessel engaged on a foreign voyage must hold a valid 
Safety Management Certificate if it carries more than 12 passengers, or 
if it is a tanker, bulk freight vessel, freight vessel, or a self-
propelled mobile offshore drilling unit of 500 gross tons or more.
    (b) Your U.S. vessel may voluntarily hold a valid Safety Management 
Certificate even if your vessel is not required to by paragraph (a) of 
this section.
    (c) Your U.S. vessel may only be issued a Safety Management 
Certificate or have it renewed when your company holds a valid Document 
of Compliance certificate issued under Sec.  96.330 of this part and the 
vessel has completed a satisfactory safety management audit of the 
vessel's safety management system set out in Sec.  96.320 of this part.
    (d) A copy of your vessel's valid Safety Management Certificate must 
be on board all U.S. and foreign vessels which carry more than 12 
passengers, and must be on board a tanker, bulk freight vessel, freight 
vessel, or a self-propelled mobile offshore drilling unit of 500 gross 
tons or more, when engaged on foreign voyages or within U.S. waters.
    (e) A Safety Management Certificate is valid for 60 months. The 
validity of the Safety Management Certificate is based on--
    (1) A satisfactory initial safety management audit;
    (2) A satisfactory intermediate verification audit requested by the 
vessel's responsible person, completed between the 24th and 36th month 
of the certificate's period of validity; and
    (3) A vessel's company holding a valid Document of Compliance 
certificate. When a company's Document of Compliance certificate expires 
or is revoked, the Safety Management Certificate for the company-owned 
vessel(s) is invalid.
    (f) Renewal of a Safety Management Certificate requires the 
completion of a satisfactory safety management system audit which meets 
all of the requirements of subpart B in this part. A renewal of a Safety 
Management Certificate cannot be started unless the company which owns 
the vessel holds a valid Document of Compliance certificate.
    (g) Only the Coast Guard may revoke a Safety Management Certificate 
from a U.S. vessel. The Safety Management Certificate will be revoked 
if--
    (1) The vessel's responsible person has not completed an 
intermediate safety management audit required by paragraph (e)(2) of 
this section; or
    (2) Major non-conformities are found in the vessel's safety 
management system during a safety management audit or other related 
survey or inspection being completed by the Coast Guard or the 
recognized organization chosen by the vessel's responsible person.

[CGD 95-073, 62 FR 67506, Dec. 24, 1997, as amended by USCG-1999-5832, 
64 FR 34712, June 29, 1999]



Sec.  96.350  Interim Document of Compliance certificate: what is it
and when can it be used?

    (a) An Interim Document of Compliance certificate may be issued to 
help set up a company's safety management system when--

[[Page 240]]

    (1) A company is newly set up or in transition from an existing 
company into a new company; or
    (2) A new type of vessel is added to an existing safety management 
system and Document of Compliance certificate for a company.
    (b) A responsible person for a company operating a U.S. vessel(s) 
that meets the requirements of paragraph (a) of this section, may send a 
request to a recognized organization authorized to act on behalf of the 
U.S. to receive an Interim Document of Compliance certificate that is 
valid for a period up to 12 months. To be issued the Interim Document of 
Compliance certificate the vessel's company must--
    (1) Demonstrate to an auditor that the company has a safety 
management system that meets Sec.  96.230 of this part; and
    (2) Provide a plan for full implementation of a safety management 
system within the period that the Interim Document of Compliance 
certificate is valid.



Sec.  96.360  Interim Safety Management Certificate: what is it and
when can it be used?

    (a) A responsible person may apply for an Interim Safety Management 
Certificate when--
    (1) A responsible person takes delivery of a new U.S. vessel; or
    (2) Takes responsibility for the management of a U.S. vessel which 
is new to the responsible person or their company.
    (b) An Interim Safety Management Certificate is valid for 6 months. 
It may be issued to a U.S. vessel which meets the conditions of 
paragraph (a) of this section, when--
    (1) The company's valid Document of Compliance certificate or 
Interim Document of Compliance certificate applies to that vessel type;
    (2) The company's safety management system for the vessel includes 
the key elements of a safety management system, set out in Sec.  96.220, 
applicable to this new type of vessel;
    (3) The company's safety management system has been assessed during 
the safety management audit to issue the Document of Compliance 
certificate or demonstrated for the issuance of the Interim Document of 
Compliance certificate;
    (4) The Master and senior officers of the vessel are familiar with 
the safety management system and the planned set up arrangements;
    (5) Written documented instructions have been extracted from the 
safety management system and given to the vessel prior to sailing;
    (6) The company plans an internal audit of the vessel within three 
months; and
    (7) The relevant information from the safety management system is 
written in English, and in any other language understood by the vessel's 
personnel.



Sec.  96.370  What are the requirements for vessels of countries not
party to Chapter IX of SOLAS?

    (a) Each foreign vessel which carries more than 12 passengers, or is 
a tanker, bulk freight vessel, freight vessel, or self-propelled mobile 
offshore drilling unit of 500 gross tons or more, operated in U.S. 
waters, under the authority of a country not a party to Chapter IX of 
SOLAS must--
    (1) Have on board valid documentation showing that the vessel's 
company has a safety management system which was audited and assessed, 
consistent with the International Safety Management Code of IMO 
Resolution A.741(18);
    (2) Have on board valid documentation from a vessel's Flag 
Administration showing that the vessel's safety management system was 
audited and assessed to be consistent with the International Safety 
Management Code of IMO Resolution A.741(18); or
    (3) Show that evidence of compliance was issued by either a 
government that is party to SOLAS or an organization recognized to act 
on behalf of the vessel's Flag Administration.
    (b) Evidence of compliance must contain all of the information in, 
and have substantially the same format as a--
    (1) Document of Compliance certificate; and
    (2) Safety Management Certificate.
    (c) Failure to comply with this section will subject the vessel to 
the compliance and enforcement procedures of Sec.  96.380 of this part.

[[Page 241]]



Sec.  96.380  How will the Coast Guard handle compliance and enforcement
of these regulations?

    (a) While operating in waters under the jurisdiction of the United 
States, the Coast Guard may board a vessel to determine that--
    (1) Valid copies of the company's Document of Compliance certificate 
and Safety Management Certificate are on board, or evidence of the same 
for vessels from countries not party to Chapter IX of SOLAS; and
    (2) The vessel's crew or shore-based personnel are following the 
procedures and policies of the safety management system while operating 
the vessel or transferring cargoes.
    (b) A foreign vessel that does not comply with these regulations, or 
one on which the vessel's condition or use of its safety management 
system do not substantially agree with the particulars of the Document 
of Compliance certificate, Safety Management Certificate or other 
required evidence of compliance, may be detained by order of the COTP or 
OCMI. This may occur at the port or terminal where the violation is 
found until, in the opinion of the detaining authority, the vessel can 
go to sea without presenting an unreasonable threat of harm to the port, 
the marine environment, the vessel or its crew. The detention order may 
allow the vessel to go to another area of the port, if needed, rather 
than stay at the place where the violation was found.
    (c) If any vessel that must comply with this part or with the ISM 
Code does not have a Safety Management Certificate and a copy of its 
company's Document of Compliance certificate on board, a vessel owner, 
charterer, managing operator, agent, Master, or any other individual in 
charge of the vessel that is subject to this part, may be liable for a 
civil penalty under 46 U.S.C. 3318. For foreign vessels, the Coast Guard 
may request the Secretary of the Treasury to withhold or revoke the 
clearance required by 46 U.S.C. App. 91. The Coast Guard may ask the 
Secretary to permit the vessel's departure after the bond or other 
surety is filed.



Sec.  96.390  When will the Coast Guard deny entry into a U.S. port?

    (a) Except for a foreign vessel entering U.S. waters under force 
majeure, no vessel shall enter any port or terminal of the U.S. without 
a safety management system that has been properly certificated to this 
subpart or to the requirements of Chapter IX of SOLAS if--
    (1) It is engaged on a foreign voyage; and
    (2) It is carrying more than 12 passengers, or a tanker, bulk 
freight vessel, freight vessel, or self-propelled mobile offshore 
drilling unit of 500 gross tons or more.
    (b) The cognizant COTP will deny entry of a vessel into a port or 
terminal under the authority of 46 U.S.C. 3204(c), to any vessel that 
does not meet the requirements of paragraph (a) of this section.



Subpart D_Authorization of Recognized Organizations To Act on Behalf of 
                                the U.S.



Sec.  96.400  Purpose.

    (a) This subpart establishes criteria and procedures for 
organizations recognized under 46 CFR part 8, subparts A and B, to be 
authorized by the Coast Guard to act on behalf of the U.S. The 
authorization is necessary in order for a recognized organization to 
perform safety management audits and certification functions delegated 
by the Coast Guard as described in this part.
    (b) To receive an up-to-date list of recognized organizations 
authorized to act under this subpart, send a self-addressed, stamped 
envelope and written request to the Commandant (CG-ENG), Attn: Office of 
Design and Engineering Standards, U.S. Coast Guard Stop 7509, 2703 
Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509.



Sec.  96.410  Who does this regulation apply to?

    This subpart applies to all organizations recognized by the U.S. 
under 46 CFR part 8, subpart A and B, who wish to seek authorization to 
conduct safety management audits and issue relevant international safety 
certificates under

[[Page 242]]

the provisions of the ISM Code and voluntary certificates on behalf of 
the U.S.



Sec.  96.420  What authority may an organization ask for under this
regulation?

    (a) An organization may request authorization to conduct safety 
management audits and to issue the following certificates:
    (1) Safety Management Certificate;
    (2) Document of Compliance certificate;
    (3) Interim Safety Management Certificate; and
    (4) Interim Document of Compliance certificate.
    (b) [Reserved]



Sec.  96.430  How does an organization submit a request to be authorized?

    (a) A recognized organization must send a written request for 
authorization to the Commandant (CG-ENG), Attn: Office of Design and 
Engineering Standards, U.S. Coast Guard Stop 7509, 2703 Martin Luther 
King Jr. Avenue SE., Washington, DC 20593-7509. The request must include 
the following:
    (1) A statement describing what type of authorization the 
organization seeks;
    (2) Documents showing that--
    (i) The organization has an internal quality system with written 
policies, procedures and processes that meet the requirements in Sec.  
96.440 of this part for safety management auditing and certification; or
    (ii) The organization has an internal quality system based on ANSI/
ASQC C9001 for safety management auditing and certification; or
    (iii) The organization has an equivalent internal quality standard 
system recognized by the Coast Guard to complete safety management 
audits and certification.
    (3) A list of the organization's exclusive auditors qualified to 
complete safety management audits and their operational area; and
    (4) A written statement that the procedures and records of the 
recognized organization regarding its actions involving safety 
management system audits and certification are available for review 
annually and at any time deemed necessary by the Coast Guard.
    (b) If the organization is a foreign classification society that has 
been recognized under 46 CFR part 8, subparts A and B, and wishes to 
apply for authorization under this part, it must demonstrate the 
reciprocity required by 46 U.S.C. 3316 for ISM Code certification. The 
organization must provide, with its request for authorization an 
affidavit from the government of the country in which the classification 
society is headquartered. This affidavit must provide a list of 
authorized delegations by the flag state of the administration of the 
foreign classification society's country to the American Bureau of 
Shipping, and indicate any conditions related to the delegated 
authority. If this affidavit is not received with a request for 
authorization from a foreign classification society, the request for 
authorization will be disapproved and returned by the Coast Guard.
    (c) Upon the satisfactory completion of the Coast Guard's evaluation 
of a request for authorization, the organization will be visited for an 
evaluation as described in Sec.  96.440(b) of this part.



Sec.  96.440  How will the Coast Guard decide whether to approve an
organization's request to be authorized?

    (a) First, the Coast Guard will evaluate the organization's request 
for authorization and supporting written materials, looking for evidence 
of the following--
    (1) The organization's clear assignment of management duties;
    (2) Ethical standards for managers and auditors;
    (3) Procedures for auditor training, qualification, certification, 
and requalification that are consistent with recognized industry 
standards;
    (4) Procedures for auditing safety management systems that are 
consistent with recognized industry standards and IMO Resolution 
A.788(19);
    (5) Acceptable standards for internal auditing and management 
review;
    (6) Record-keeping standards for safety management auditing and 
certification;

[[Page 243]]

    (7) Methods for reporting non-conformities and recording completion 
of remedial actions;
    (8) Methods for certifying safety management systems;
    (9) Methods for periodic and intermediate audits of safety 
management systems;
    (10) Methods for renewal audits of safety management systems;
    (11) Methods for handling appeals; and
    (12) Overall procedures consistent with IMO Resolution A.739(18), 
``Guidelines for the Authorization of Organizations Acting on Behalf of 
the Administration.''
    (b) After a favorable evaluation of the organization's written 
request, the Coast Guard will arrange to visit the organization's 
corporate offices and port offices for an on-site evaluation of 
operations.
    (c) When a request is approved, the recognized organization and the 
Coast Guard will enter into a written agreement. This agreement will 
define the scope, terms, conditions and requirements of the 
authorization. Conditions of this agreement are found in Sec.  96.460 of 
this part.



Sec.  96.450  What happens if the Coast Guard disapproves an organization's
request to be authorized?

    (a) The Coast Guard will write to the organization explaining why it 
did not meet the criteria for authorization.
    (b) The organization may then correct the deficiencies and reapply.



Sec.  96.460  How will I know what the Coast Guard requires of my 
organization if my organization receives authorization?

    (a) Your organization will enter into a written agreement with the 
Coast Guard. This written agreement will specify--
    (1) How long the authorization is valid;
    (2) Which duties and responsibilities the organization may perform, 
and which certificates it may issue on behalf of the U.S.;
    (3) Reports and information the organization must send to the 
Commandant (CG-CVC);
    (4) Actions the organization must take to renew the agreement when 
it expires; and
    (5) Actions the organization must take if the Coast Guard should 
revoke its authorization or recognition under 46 CFR part 8.
    (b) [Reserved]



Sec.  96.470  How does the Coast Guard terminate an organization's
authorization?

    At least every 12 months, the Coast Guard evaluates organizations 
authorized under this subpart. If an organization fails to maintain 
acceptable standards, the Coast Guard may terminate that organization's 
authorization, remove the organization from the Commandant's list of 
recognized organizations, and further evaluate the organization's 
recognition under 46 CFR part 8.



Sec.  96.480  What is the status of a certificate if the issuing
organization has its authority terminated?

    Any certificate issued by an organization authorized by the Coast 
Guard whose authorization is later terminated remains valid until--
    (a) Its original expiration date,
    (b) The date of the next periodic audit required to maintain the 
certificate's validity, or
    (c) Whichever of paragraphs (a) or (b) occurs first.



Sec.  96.490  What further obligations exist for an organization if
the Coast Guard terminates its authorization?

    The written agreement by which an organization receives 
authorization from the Coast Guard places it under certain obligations 
if the Coast Guard revokes that authorization. The organization agrees 
to send written notice of its termination to all responsible persons, 
companies and vessels that have received certificates from the 
organization. In that notice, the organization must include--
    (a) A written statement explaining why the organization's 
authorization was terminated by the Coast Guard;
    (b) An explanation of the status of issued certificates;
    (c) A current list of organizations authorized by the Coast Guard to 
conduct safety management audits; and

[[Page 244]]

    (d) A statement of what the companies and vessels must do to have 
their safety management systems transferred to another organization 
authorized to act on behalf of the U.S.



Sec.  96.495  How can I appeal a decision made by an authorized
organization?

    (a) A responsible person may appeal a decision made by an authorized 
organization by mailing or delivering to the organization a written 
request for reconsideration. Within 30 days of receiving your request, 
the authorized organization must rule on it and send you a written 
response. They must also send a copy of their response to the Commandant 
(CG-CVC), Attn: Office of Commercial Vessel Compliance, U.S. Coast Guard 
Stop 7501, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-
7501.
    (b) If you are not satisfied with the organization's decision, you 
may appeal directly to Commandant (CG-CVC). You must make your appeal in 
writing, including any documentation and evidence you wish to be 
considered. You may ask Commandant (CG-CVC) to stay the effect of the 
appealed decision while it is under review.
    (c) The Commandant (CG-CVC) will make a decision on your appeal and 
send you a response in writing. That decision will be the final Coast 
Guard action on your request.

[CGD 95-073, 62 FR 67506, Dec. 24, 1997, as amended by USCG-2011-0257, 
76 FR 31836, June 2, 2011]



PART 97_RULES FOR THE SAFE OPERATION OF VESSELS, STOWAGE AND
SECURING OF CARGOES--Table of Contents



                    Subpart A_Cargo Securing Manuals

Sec.
97.100 Applicability--Electronic documentation.
97.105 Definitions.
97.110 Incorporation by reference.
97.115 Reporting lost or jettisoned cargo.
97.120 Cargo securing manuals.
97.121-97.199 [Reserved]
97.200 Cargo securing manual (CSM) approval for U.S.-flagged vessels on 
          international voyages.
97.205 Requirements for amending an approved cargo securing manual 
          (CSM).
97.210 Appeals.
97.211-97.299 [Reserved]
97.300 Authorized cargo securing manual (CSM) approval authorities.
97.305 Requests for authorization to act as cargo securing manual (CSM) 
          approval authority.
97.310 Criteria for authorization.
97.315 Requirements for authorized approval organizations.
97.320 Revocation of authorization.

Subpart B [Reserved]

    Authority: 46 U.S.C. 2103, 3306; E.O. 12234; Department of Homeland 
Security Delegation No. 0170.1(92)(a) and (b).

    Source: USCG-2000-7080, 81 FR 28014, May 9, 2016, unless otherwise 
noted.



                    Subpart A_Cargo Securing Manuals



Sec.  97.100  Applicability--Electronic documentation.

    (a) This subpart applies to--
    (1) A self-propelled cargo vessel of 500 gross tons or more, on an 
international voyage, that must comply with Chapter VI/5.6 or Chapter 
VII/5 of the International Convention for the Safety of Life at Sea, 
1974 as amended (SOLAS), that does not solely carry liquid or solid 
cargoes in bulk, and that is either a U.S.-flagged self-propelled cargo 
vessel, or a foreign-flagged self-propelled cargo vessel that is 
operating in waters subject to the jurisdiction of the United States;
    (2) A U.S.-flagged self-propelled cargo vessel that chooses to have 
this subpart applied to it by submitting a cargo securing manual for 
approval in accordance with Sec.  97.200(a)(3);
    (3) A foreign-flagged self-propelled cargo vessel of 500 gross tons 
or more on an international voyage from a country that is not a 
signatory to SOLAS, that would otherwise be required to comply with 
Chapter VI/5.6 or Chapter VII/5 of SOLAS, that does not solely carry 
liquid or solid cargoes in bulk, and that is operating in waters subject 
to the jurisdiction of the United States; and
    (4) Any organization applying to be selected as a cargo securing 
manual approval authority.

[[Page 245]]

    (b) This subpart does not apply to a vessel owned by the Maritime 
Administration that is part of the Ready Reserve Force or the title of 
which is vested in the United States and which is used for public 
purposes only.
    (c) Any manual, letter, request, appeal, or ruling required by this 
subpart may be provided or submitted in electronic form or in printed 
form.



Sec.  97.105  Definitions.

    As used in this subpart--
    Approval authority means a CSM approval authority, as that term is 
defined in this section.
    Cargo means the goods or merchandise conveyed in a vessel, and 
includes, but is not limited to, cargo that can be measured as a ``cargo 
unit'' as that term is used in the International Maritime Organization's 
Code of Safe Practice for Cargo Stowage and Securing, 2003 edition: ``a 
vehicle, container, flat, pallet, portable tank, packaged unit, or any 
other entity, etc., and loading equipment, or any part thereof, which 
belongs to the ship but is not fixed to the ship . . .''; but it does 
not include other vessel equipment or the incidental personal 
possessions of persons on board the vessel.
    Cargo safe access plan (CSAP) means a plan included in the cargo 
securing manual that provides detailed information on safe access for 
persons engaged in work connected with cargo stowage and securing on 
ships that are specifically designed and fitted for the purpose of 
carrying containers.
    Cargo securing manual (CSM) means an electronic or printed manual 
developed to meet the requirements of SOLAS and this subpart and that is 
used by the master of a vessel to properly stow and secure cargoes on 
the vessel for which it is developed.
    Cargo securing manual approval authority or CSM approval authority 
means an organization that meets the requirements of this subpart, and 
that the Commandant has authorized to conduct certain actions and issue 
electronic or printed approval letters on behalf of the United States.
    Captain of the Port (COTP) means the U.S. Coast Guard officer as 
described in 33 CFR 6.01-3.
    Commandant, except as otherwise specified, means the Chief, Office 
of Operating and Environmental Standards, whose address is Commandant 
(CG-OES), 2703 Martin Luther King, Jr. Avenue SE., Stop 7509, 
Washington, DC 20593-7509 and whose telephone number is 202-372-1404.
    Container means an article of transport equipment described in 49 
CFR 450.3.
    Container vessel means a vessel specifically designed and fitted for 
the purpose of carrying containers.
    International voyage means a voyage between a port or place in one 
country (or its possessions) and a port or place in another country.



Sec.  97.110  Incorporation by reference.

    (a) Certain material is incorporated by reference into this subpart 
with the approval of the Director of the Federal Register under 5 U.S.C. 
552(a) and 1 CFR part 51. All approved material is available for 
inspection by contacting Mr. Ken Smith of the Coast Guard's Vessel and 
Facility Operating Standards Division, Commandant (CG-OES-2); telephone 
202-372-1413, email [email protected], and is available from the 
sources listed below. It is also available for inspection at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030 or go to 
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.
    (b) International Maritime Organization (IMO), Publications Section, 
4 Albert Embankment, London, SE1 7SR, United Kingdom, +44(0)20 7735 
7611, http://www.imo.org.
    (1) MSC.1/Circ.1352, Amendments to the Code of Safe Practice for 
Cargo Stowage and Securing (CSS Code), June 30, 2010 (Maritime Safety 
Committee Circular), IBR approved for Sec.  97.120(b).
    (2) MSC.1/Circ. 1353/Rev.1, Revised Guidelines for the Preparation 
of the Cargo Securing Manual, December 15, 2014 (Maritime Safety 
Committee Circular), IBR approved for Sec.  97.120(a).
    (3) Resolution A.739(18) (Res.A.739(18)), Guidelines for the 
Authorization of Organizations Acting on

[[Page 246]]

Behalf of the Administration, November 22, 1993 (Assembly Resolution), 
IBR approved for Sec.  97.310(a).



Sec.  97.115  Reporting lost or jettisoned cargo.

    (a) In the event a vessel loses or jettisons at sea any cargo 
described in paragraph (b) of this section, it must comply with the 
immediate notification requirements of 33 CFR 160.216, and if the cargo 
contains hazardous material as defined in paragraph (c) of this section, 
the vessel must also report it as soon as possible in accordance with 49 
CFR 176.48.
    (b) The cargo to which this section applies includes any container 
and any other cargo the loss or jettisoning of which could 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.
    (c) As used in this section, ``hazardous material'' means a 
substance or material designated by the Secretary of Transportation as 
capable of posing an unreasonable risk to health, safety, and property 
when transported in commerce. The term includes hazardous substances, 
hazardous wastes, marine pollutants, and elevated temperature materials 
as defined in 49 CFR 171.8, materials designated as hazardous under the 
provisions of 49 CFR 172.101, and materials that meet the defining 
criteria for hazard classes and divisions in 49 CFR part 173.

[USCG-2000-7080, 81 FR 28014, May 9, 2016; 81 FR 59136, Aug. 29, 2016]



Sec.  97.120  Cargo securing manuals.

    (a) Any vessel to which this subpart applies must have a cargo 
securing manual (CSM) on board that has been approved by the government 
of the country whose flag the vessel is entitled to fly; and a CSM 
approved after June 30, 2010, must, at a minimum, meet the guidelines in 
MSC.1/Circ. 1353/Rev.1, (incorporated by reference, see 33 CFR 97.110).
    (b) A container vessel with a keel laid on or after January 1, 2015, 
must include a cargo safe access plan that, at a minimum, meets the 
guidelines in MSC.1/Circ.1352, Annex 14, Guidance on Providing Safe 
Working Conditions for Securing of Containers on Deck (incorporated by 
reference, see 33 CFR 97.110).
    (c) While operating in waters under the jurisdiction of the United 
States, the Coast Guard may board any vessel to which this subpart 
applies to determine that the vessel has the document(s) required by 
paragraph (a) of this section on board. Any foreign-flagged vessel found 
not to be in compliance with paragraph (a) of this section may be 
detained by order of the Captain of the Port at the port or terminal 
where the noncompliance is found until the COTP determines that the 
vessel can go to sea without presenting an unreasonable threat of harm 
to the port, the marine environment, the vessel, or its crew.



Sec. Sec.  97.121-97.199  [Reserved]



Sec.  97.200  Cargo securing manual (CSM) approval for U.S.-flagged
vessels on international voyages.

    (a) Owners of U.S.-flagged vessels on international voyages must 
have Cargo Securing Manuals (CSMs) approved in accordance with this 
part.
    (1) An applicant for CSM approval may be the owner or operator of 
the vessel, or a person acting on the owner or operator's behalf.
    (2) The Commandant is responsible for overseeing and managing the 
review and approval of CSM approval authority applications and providing 
an up-to-date list of organizations authorized to act under this 
subpart, which is available at http://www.uscg.mil/hq/cg5/cg522/cg5222, 
or by requesting it in writing from the Commandant and enclosing a self-
addressed, stamped envelope.
    (3) The applicant must submit two dated copies of a CSM that meets 
the requirements of this subpart to a CSM approval authority for review 
and approval. If any amendments are submitted, they must be dated. The 
CSM must include a ``change page'' document to ensure continuous 
documentation of amendments made and the dates they were completed.
    (4) The approval authority will retain one copy of the CSM for its 
records.
    (b) If the approval authority completes the review process and 
approves the CSM, the approval authority will

[[Page 247]]

provide a CSM approval letter on its letterhead, containing--
    (1) Date of CSM approval;
    (2) A subject line reading: ``APPROVAL OF CARGO SECURING MANUAL 
(AMENDMENT--if applicable) FOR THE M/V --------, OFFICIAL NUMBER ------
--'';
    (3) The following statement: ``This is to certify that the Cargo 
Securing Manual (Amendment--if applicable) dated -------- for the M/V --
------, Official Number --------, has been approved on behalf of the 
United States. The Cargo Securing Manual (Amendment--if applicable) was 
reviewed for compliance with Maritime Safety Committee Circular 1353 
(MSC.1/Circ. 1353/Rev.1) for content, and correctness of the 
calculations on which the approval is based. This approval letter is to 
be kept with the Cargo Securing Manual, as proof of compliance with 
regulations VI/5.6 and VII5 of the 2004 amendments to the International 
Convention for the Safety of Life at Sea (SOLAS) 1974.'';
    (4) Signature of the approval authority official responsible for 
review and approval of the CSM; and
    (5) The approval authority's seal or stamp.
    (c) If the approval authority completes the review process and 
disapproves the CSM, the approval authority will provide a letter on its 
letterhead, containing--
    (1) Date of CSM disapproval; and
    (2) Explanation of why the CSM was disapproved and what the 
submitter must do to correct deficiencies.
    (d) The submitter of a disapproved CSM may resubmit the CSM with 
amendments for further review, either to correct deficiencies noted by 
the approval authority or to expand the CSM to fully meet the 
requirements of this part.
    (e) The original copy of the CSM approval letter must be kept with 
the approved CSM and its amendments, together with supporting documents 
and calculations used in granting the approval, on board the vessel for 
review by Coast Guard personnel upon request.



Sec.  97.205  Requirements for amending an approved cargo securing manual (CSM).

    Resubmission and re-approval by a CSM approval authority are 
required after any of the following events occurs:
    (a) Reconfiguration of a vessel from one type of cargo carriage to 
another (e.g., a general break-bulk cargo vessel reconfigured to a 
container or a roll-on/roll-off vessel).
    (b) Reconfiguration or replacement of 15 percent or more of the 
vessel's fixed cargo securing or tie-down systems with different types 
of devices or systems.
    (c) Replacement of 15 percent or more of the vessel's portable cargo 
securing devices, with different types of devices for securing the cargo 
not already used aboard the vessel (e.g., wire lashings replaced with 
turnbuckles or chains).



Sec.  97.210  Appeals.

    (a) A vessel owner or operator, or person acting on their behalf, 
who disagrees with a decision of a CSM approval authority may submit a 
written appeal to the approval authority requesting reconsideration of 
information in dispute. Within 30 days of receiving the appeal, the 
approval authority must provide the submitter with a final written 
ruling on the request, with a copy to the Commandant.
    (b) A submitter who is dissatisfied with the approval authority's 
final written ruling may appeal directly to the Commandant. The appeal 
must be made in writing and include the documentation and supporting 
evidence the submitter wants to be considered, and may ask the 
Commandant to stay the effect of the appealed decision while it is under 
review by the Commandant.
    (c) The Commandant will make a decision on the appeal and send a 
formal response to the submitter and a copy to the approval authority. 
The Commandant's decision will constitute final agency action on the 
appeal request.

[[Page 248]]



Sec. Sec.  97.211-97.299  [Reserved]



Sec.  97.300  Authorized cargo securing manual (CSM) approval authorities.

    The following organizations are authorized to act on behalf of the 
United States for the review and approval of CSMs:
    (a) Any recognized classification society to which the Coast Guard 
has delegated issuance of a Cargo Ship Safety Equipment Certificate in 
accordance with 46 CFR 8.320(b)(4). A list of these organizations can be 
found at www.uscg.mil/hq/cg5/cg522/cg5222 in the ``Summary of 
Authorizations'' link.
    (b) The National Cargo Bureau, Inc., 17 Battery Place, Suite 1232, 
New York, NY 10004-1110, 212-785-8300, http://www.natcargo.org.



Sec.  97.305  Requests for authorization to act as cargo securing 
manual (CSM) approval authority.

    An organization seeking authorization as a CSM approval authority 
must make a request to the Commandant for authorization. The request 
must include, in writing, the items listed in this section or as 
otherwise specified by the Commandant.
    (a) A certified copy of the organization's certificate of 
incorporation or partnership on file with a U.S. State, including the 
name and address of the organization, with written statements or 
documents which show that--
    (1) The organization's owners, managers, and employees are free from 
influence or control by vessel shipbuilders, owners, operators, lessors, 
or other related commercial interests as evidenced by past and present 
business practices;
    (2) The organization has demonstrated, through other related work, 
the capability to competently evaluate CSMs for completeness and 
sufficiency according to the requirements of SOLAS and this part;
    (3) The organization has an acceptable degree of financial security, 
based on recent audits by certified public accountants over the last 5 
years; and
    (4) The organization maintains a corporate office in the United 
States that has adequate resources and staff to support all aspects of 
CSM review, approval, and recordkeeping.
    (b) A listing of the names of the organization's principal 
executives, with titles, telephone, and telefax numbers.
    (c) A written general description of the organization, covering the 
ownership, managerial structure, and organization components, including 
any directly affiliated organizations, and their functions utilized for 
supporting technical services.
    (d) A written list of technical services the organization offers.
    (e) A written general description of the geographical area the 
organization serves.
    (f) A written general description of the clients the organization is 
serving, or intends to serve.
    (g) A written general description of similar work performed by the 
organization in the past, noting the amount and extent of such work 
performed within the previous 3 years.
    (h) A written listing of the names of full-time professional staff 
employed by the organization and available for technical review and 
approval of CSMs including--
    (1) Naval architects and naval engineers, with copies of their 
professional credentials, college degrees, and specialized training 
certificates;
    (2) Merchant mariners with Coast Guard-issued credentials, with a 
summary of their working experience on board cargo vessels (including 
vessel tonnage and types of cargo); and
    (3) Written proof of staff competence to perform CSM review and 
approval, evidenced by detailed summaries of each individual's 
experience (measured in months) during the past 5 years of evaluating 
maritime cargo securing systems. Experience summaries must be documented 
on company letterhead and endorsed by a company executive who has had 
direct observation of the individual and quality of his or her work 
product.
    (j) A complete description of the organization's internal quality 
control processes, including written standards used by the organization 
to ensure consistency in CSM review and approval procedures by qualified 
professionals.
    (k) A description of the organization's training program for 
assuring continued competency of professional employees performing CSM 
review and

[[Page 249]]

approval who are identified in the application.
    (l) Evidence of financial stability over the past 5-year period, 
such as financial reports completed independently by certified public 
accountants.
    (m) A list of five or more business references, including names, 
addresses, and telephone numbers of principal executives, who can attest 
to the organization's competence within the past 2 years.
    (n) A statement to the Coast Guard that gives its officials 
permission to inspect the organization's facilities and records of CSM 
review and approval on behalf of the United States at any time with 
reasonable advance notice.
    (o) Any additional information the organization deems to be 
pertinent.



Sec.  97.310  Criteria for authorization.

    (a) The Commandant will evaluate the organization's request for 
authorization and supporting written materials, looking for evidence 
of--
    (1) The organization's clear assignment of management duties;
    (2) Ethical standards for managers and cargo securing manual (CSM) 
reviewers;
    (3) Procedures for personnel training, qualification, certification, 
and re-qualification that are consistent with recognized industry 
standards;
    (4) Acceptable standards available for the organization's internal 
auditing and management review;
    (5) Recordkeeping standards for CSM review and approval;
    (6) Methods used to review and certify CSMs;
    (7) Experience and knowledge demonstrating competency to evaluate 
CSMs for completeness and sufficiency according to the requirements of 
SOLAS;
    (8) Methods for handling appeals; and
    (9) Overall procedures consistent with Res.A.739(18), (incorporated 
by reference, see Sec.  97.110).
    (b) After a favorable evaluation of the organization's request, the 
Commandant may arrange to visit the organization's corporate and port 
offices for an on-site evaluation of operations.
    (c) When a request is approved, the organization and the Coast Guard 
will enter into the written agreement provided for by 33 CFR 97.315. If 
the request is not approved, the Commandant will give the organization a 
written explanation, and the organization may resubmit its request if it 
corrects any noted deficiencies.



Sec.  97.315  Requirements for authorized approval organizations.

    Approved organizations will enter into a written agreement with the 
Coast Guard that specifies--
    (a) The period the authorization is valid;
    (b) Which duties and responsibilities the organization may perform 
and what approval letters it may issue on behalf of the U.S.;
    (c) Reports and information the organization must send to the 
Commandant;
    (d) Actions the organization must take to renew the agreement when 
it expires; and
    (e) Actions the organization must take if the Commandant revokes 
authorization pursuant to 33 CFR 97.320.



Sec.  97.320  Revocation of authorization.

    The Commandant may revoke a cargo securing manual (CSM) approval 
authority's authorization and remove it from the list of CSM approval 
authorities if it fails to maintain acceptable standards. For the 
purposes of 46 CFR subpart 1.03, such a revocation would be treated as 
involving the recognition of a classification society and could be 
appealed pursuant to 46 CFR 1.03-15(h)(4). Upon revocation, the former 
approval authority must send written notice to each vessel owner whose 
CSM it approved. The notice must include the current list of CSM 
approval authorities and state--
    (a) That its authorization as a CSM approval authority has been 
revoked;
    (b) The Coast Guard's explanation for the revocation; and
    (c) That the vessel's CSM remains valid as long as amendments have 
not been completed which require it to be re-approved pursuant to 33 CFR 
97.200 or 97.205.

Subpart B [Reserved]

[[Page 250]]



                SUBCHAPTER G_REGATTAS AND MARINE PARADES





PART 100_SAFETY OF LIFE ON NAVIGABLE WATERS--Table of Contents



Sec.
100.01 Purpose and intent.
100.05 Definition of terms used in this part.
100.T07-0110 Special Local Regulations; Low Country Splash, Wando River, 
          Cooper River, and Charleston Harbor, Charleston, SC.
100.T07-0192 Special Local Regulations; Beaufort Water Festival, 
          Beaufort, SC.
100.10 Coast Guard-State agreements.
100.15 Submission of application.
100.20 Action on application for event assigned to State regulation by 
          Coast Guard-State agreement.
100.25 Action on application for event not assigned to State regulation 
          by Coast Guard-State agreement.
100.30 Approval required for holding event.
100.35 Special local regulations.
100.35T07-0297 Special Local Regulation, 50 Aniversario Balneario de 
          Boqueron, Bahia de Boqueron; Boqueron, PR.
100.40 Patrol of the regatta or marine parade.
100.45 Establishment of aids to navigation.
100.100 Special Local Regulations; Regattas and Boat Races in the Coast 
          Guard Sector Long Island Sound Captain of the Port Zone.
100.114 Fireworks displays within the First Coast Guard District.
100.119 Newport-Bermuda Regatta, Narragansett Bay, Newport, RI.
100.120 Special Local Regulations; Marine Events Held in the Coast Guard 
          Sector Northern New England Captain of the Port Zone.
100.130 Special Local Regulations; Recurring Annual Marine Events in 
          Sector Boston Captain of the Port Zone.
100.150 Special Local Regulations; Marine Events in the Coast Guard 
          Sector New York Captain of the Port Zone.
100.169 Special Local Regulation; Washburn Board Across the Bay, Lake 
          Superior; Chequamegon Bay, WI.
100.170 Special Local Regulation; Breakers to Bridge Paddle Festival, 
          Lake Superior, Keweenaw Waterway, MI.
100.501 Special Local Regulations; Marine Events within the Fifth Coast 
          Guard District.
100.701 Special Local Regulations; Marine Events in the Seventh Coast 
          Guard District.
100.713 Annual Harborwalk Boat Race; Sampit River, Georgetown, SC.
100.717 Annual Fort Myers Beach Offshore Grand Prix; Fort Myers, FL.
100.718 Annual Suncoast Kilo Run; Sarasota Bay, Sarasota, FL.
100.720 Special Local Regulations; Suncoast Super Boat Grand Prix, Gulf 
          of Mexico; Sarasota, FL.
100.721 Special Local Regulations; Clearwater Super Boat National 
          Championship, Gulf of Mexico; Clearwater Beach, FL.
100.722 Special Local Regulations; Bradenton Area Riverwalk Regatta, 
          Manatee River; Bradenton, FL.
100.724 Annual Augusta Invitational Rowing Regatta; Savannah River, 
          Augusta, GA.
100.728 Special Local Regulations; Hurricane Offshore Classic, St. 
          Petersburg, FL.
100.729 Columbus Day Regatta, Biscayne Bay, Miami, FL.
100.732 Annual River Race Augusta; Savannah River, Augusta, GA.
100.734 Annual Gasparilla Marine Parade; Hillsborough Bay, Tampa, FL.
100.736 Annual Fort Myers Beach air show; Fort Myers Beach, FL.
100.740 Annual Offshore Super Series Boat Race; Fort Myers Beach, FL.
100.801 Annual Marine Events in the Eighth Coast Guard District.
100.901 Great Lakes annual marine events.
100.902 Special Local Regulations; Annual Bayview Mackinac Race.
100.903 Harborfest Dragon Boat Race; South Haven, MI.
100.905 Door County Triathlon; Door County, WI.
100.906 Grand Haven Coast Guard Festival Waterski Show, Grand Haven, MI.
100.907 Milwaukee River Challenge; Milwaukee, WI.
100.908 Charlevoix Venetian Night Boat Parade; Charlevoix, MI.
100.909 Chinatown Chamber of Commerce Dragon Boat Race; Chicago, IL.
100.910 Southland Regatta; Blue Island, IL.
100.911 Bay City Airshow, Bay City, MI.
100.912 Detroit Belle Isle Grand Prix, Detroit, MI.
100.913 ACORA Garwood Classic Offshore Race, Algonac, MI.
100.914 Trenton Rotary Roar on the River, Trenton, MI.
100.915 St. Clair River Classic Offshore Race, St. Clair, MI.
100.916 Chris Craft Silver Cup Races, Algonac, MI.
100.917 The Old Club Cannonade, Harsens Island, MI.
100.918 Detroit APBA Gold Cup, Detroit, MI.
100.919 International Bay City River Roar, Bay City, MI.
100.920 Tug Across the River, Detroit, MI.

[[Page 251]]

100.921 Special Local Regulation; Kelley's Island Swim, Lake Erie, 
          Lakeside, OH.
100.927 Special Local Regulation, Partnership in Education, Dragon Boat 
          Festival, Toledo, OH.
100.928 Special Local Regulations, Frogtown Race Regatta, Toledo, OH.
100.1101 Southern California Annual Marine Events for the San Diego 
          Captain of the Port Zone.
100.1102 Annual Marine Events on the Colorado River, between Davis Dam 
          (Bullhead City, Arizona) and Headgate Dam (Parker, Arizona).
100.1103 Northern California and Lake Tahoe area annual marine events.
100.1104 Southern California Annual Marine Events for the Los Angeles 
          Long Beach Captain of the Port Zone.
100.1105 San Francisco Bay Navy Fleetweek Parade of Ships and Blue 
          Angels Demonstration.
100.1106 Special Local Regulation; Annual Mavericks Invitational Big 
          Wave Surf Competition.
100.1301 Seattle Seafair Unlimited Hydroplane Race.
100.1302 Special Local Regulation, Annual Dragon Boat Races, Portland, 
          Oregon.
100.1303 Annual Kennewick, Washington, Columbia Unlimited Hydroplane 
          Races.
100.1304 Annual Seattle Yacht Club's ``Opening Day'' Marine Parade.
100.1305 Richland, Washington, west coast outboard championship hydro 
          races.
100.1306 National Maritime Week Tugboat Races, Seattle, WA.
100.1307 Special Local Regulations, Strait Thunder Performance, Port 
          Angeles, WA.
100.1308 Special Local Regulation; Hydroplane Races within the Captain 
          of the Port Puget Sound Area of Responsibility.
100.1309 Special Local Regulation; Olympia Harbor Days Tug Boat Races, 
          Budd Inlet, WA.

    Authority: 33 U.S.C. 1233

    Source: CGFR 63-22, 28 FR 5155, May 23, 1963, unless otherwise 
noted.



Sec.  100.01  Purpose and intent.

    (a) The purpose of the regulations in this part is to provide 
effective control over regattas and marine parades conducted on the 
navigable waters of the United States so as to insure safety of life in 
the regatta or marine parade area.
    (b) Geographic coordinates expressed in terms of latitude or 
longitude, or both, are not intended for plotting on maps or charts 
whose referenced horizontal datum is the North American Datum of 1983 
(NAD 83), unless such geographic coordinates are expressly labeled NAD 
83. Geographic coordinates without the NAD 83 reference may be plotted 
on maps or charts referenced to NAD 83 only after application of the 
appropriate corrections that are published on the particular map or 
chart being used.

[CGFR 63-22, 28 FR 5155, May 23, 1963, as amended by CGD 86-082, 52 FR 
33811, Sept. 8, 1987]



Sec.  100.05  Definition of terms used in this part.

    (a) Regatta or marine parade means an organized water event of 
limited duration which is conducted according to a prearranged schedule.
    (b) [Reserved]
    (c) District Commander means the Commander of the Coast Guard 
District in which the regatta or marine parade is intended to be held. 
(See Part 3 of this chapter for the geographical boundaries of Coast 
Guard Districts.)
    (d) State authority means any official or agency of a State having 
power under the law of such State to regulate regattas or marine parades 
on waters over which such State has jurisdiction.
    (e) Navigable waters of the United States means those waters 
described in Sec.  2.36(a) of this chapter, specifically including the 
waters described in Sec.  2.22(a)(2) of this chapter.

[CGFR 63-22, 28 FR 5155, May 23, 1963, as amended by CGD 75-098, 40 FR 
49327, Oct. 22, 1975; USCG-2001-9044, 68 FR 42602, July 18, 2003]



Sec.  100.T07-0110  Special Local Regulations; Low Country Splash,
Wando River, Cooper River, and Charleston Harbor, Charleston, SC.

    (a) Regulated Areas. The following regulated area is established as 
a special local regulation. All waters within a moving zone, beginning 
at Daniel Island Pier in approximate position 32 deg.51'20'' N, 
079 deg.54'06'' W, South along the coast of Daniel Island, across the 
Wando River to Hobcaw Yacht Club, in approximate position 32 deg.49'20'' 
N, 079 deg.53'49'' W, South along the coast of Mt. Pleasant, S.C., to 
Charleston Harbor Resort Marina, in approximate position 32 deg.47'20'' 
N, 079 deg.54'39'' W. There will be a temporary Channel Closer from 0730 
to 0815 on May 24, 2014 between Wando River Terminal Buoy 3

[[Page 252]]

(LLNR 3305), and Wando River Terminal Buoy 5 (LLNR 3315). The zone will 
at all times extend 75 yards both in front of the lead safety vessel 
preceding the first race participants; 75 yards behind the safety vessel 
trailing the last race participants; and at all times extending 100 
yards on either side of participating race and safety vessels. 
Information regarding the identity of the lead safety vessel and the 
last safety vessel will be provided 2 days prior to the race via 
broadcast notice to mariners and marine safety information bulletins.
    (b) Definition. The term ``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 Charleston in the enforcement of the regulated areas.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated areas unless otherwise authorized by the Captain of the Port 
Charleston or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated areas may contact the Captain of the 
Port Charleston by telephone at 843-740-7050, or a designated 
representative via VHF radio on channel 16 to seek authorization. If 
authorization to enter, transit through, anchor in, or remain within the 
regulated areas is granted by the Captain of the Port Charleston or a 
designated representative, all persons and vessels receiving such 
permission must comply with the instructions of the Captain of the Port 
Charleston or a designated representative.
    (3) The Coast Guard will provide notice of the regulated areas 
through advanced notice via broadcast notice to mariners and by on-scene 
designated representatives.
    (d) Effective Date. This rule is effective on May 24, 2014, and will 
be enforced from 7:00 a.m. to 9:00 a.m.

[USCG-2014-0110, 79 FR 24334, Apr. 30, 2014]



Sec.  100.T07-0192  Special Local Regulations; Beaufort Water Festival, 
Beaufort, SC.

    (a) Regulated areas. The following regulated area that will 
encompass a portion of the Beaufort River that is 700 ft wide by 2600 ft 
in length, whose approximate corner coordinates are as follows: 
32 deg.25'47'' N/080 deg.40'44'' W, 32 deg.25'41'' N/080 deg.40'14'' W, 
32 deg.25'35'' N/080 deg.40'16'' W, 32 deg.25'40'' N/080 deg.40'46'' W. 
Spectator vessels may safely transit outside the regulated area, but are 
prohibited from entering, transiting through, anchoring, or remaining 
within the regulated area. The Coast Guard may be assisted by other 
Federal, State, or local law enforcement agencies in enforcing this 
regulation.
    (b) Definition. The term ``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 Charleston in the enforcement of the regulated areas.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area unless otherwise authorized by the Captain of the Port 
Charleston or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated area may contact the Captain of the 
Port Charleston by telephone at 843-740-7050, or a designated 
representative via VHF radio on channel 16 to seek authorization. If 
authorization to enter, transit through, anchor in, or remain within the 
regulated areas is granted by the Captain of the Port Charleston or a 
designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port Charleston or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area 
through advanced notice via broadcast notice to mariners and by on-scene 
designated representatives.

[[Page 253]]

    (d) Enforcement date. This rule will be enforced from 12:00 p.m. to 
4:00 p.m. on July 26, 2015.

[USCG-2015-0192, 80 FR 42034, July 16, 2015]



Sec.  100.10  Coast Guard-State agreements.

    (a) The District Commander is authorized to enter into agreements 
with State authorities permitting, regulation by the State of such 
classes of regatta or marine parade on the navigable waters of the 
United States as, in the opinion of the District Commander, the State is 
able to regulate in such a manner as to insure safety of life. All such 
agreements shall reserve to the District Commander the right to regulate 
any particular regatta or marine parade when he or she deems such action 
to be in the public interest.

[CGFR 63-22, 28 FR 5155, May 23, 1963, as amended by USCG-2003-15404, 68 
FR 37740, June 25, 2003]



Sec.  100.15  Submission of application.

    (a) An individual or organization planning to hold a regatta or 
marine parade which, by its nature, circumstances or location, will 
introduce extra or unusual hazards to the safety of life on the 
navigable waters of the United States, shall submit an application to 
the Coast Guard District Commander having cognizance of the area where 
it is intended to hold such regatta or marine parade. Examples of 
conditions which are deemed to introduce extra or unusual hazards to the 
safety of life include but are not limited to: An inherently hazardous 
competition, the customary presence of commercial or pleasure craft in 
the area, any obstruction of navigable channel which may reasonably be 
expected to result, and the expected accumulation of spectator craft.
    (b) Where such events are to be held regularly or repeatedly in a 
single area by an individual or organization, the Commandant or the 
District Commander may, subject to conditions set from time to time by 
him or her, grant a permit for such series of events for a fixed period 
of time, not to exceed one year.
    (c) The application must be submitted no less than 135 days before 
the start of the proposed event. However, if all of the following 
criteria are met, the application must be submitted no less than 60 days 
before the start of the proposed event:
    (1) The sponsor submitted an application for the event in the year 
immediately preceding.
    (2) The nature, location, scheduling, and other relevant information 
contained in the previous application are essentially the same.
    (3) The Coast Guard received no objection to the previous 
application.
    (4) The Coast Guard did not promulgate special local regulations for 
the previous event.
    (5) The Coast Guard approved the previous event.
    (d) The application shall include the following details:
    (1) Name and address of sponsoring organization.
    (2) Name, address, and telephone of person or persons in charge of 
the event.
    (3) Nature and purpose of the event.
    (4) Information as to general public interest.
    (5) Estimated number and types of watercraft participating in the 
event.
    (6) Estimated number and types of spectator watercraft.
    (7) Number of boats being furnished by sponsoring organizations to 
patrol event.
    (8) A time schedule and description of events.
    (9) A section of a chart or scale drawing showing the boundaries of 
the event, various water courses or areas to be utilized by 
participants, officials, and spectator craft.

[CGFR 63-22, 28 FR 5155, May 23, 1963, as amended by CGD 95-054, 66 FR 
1582, Jan. 9, 2001; CGD 95-059, 66 FR 9659, Feb. 9, 2001; USCG-2003-
15404, 68 FR 37740, June 25, 2003]



Sec.  100.20  Action on application for event assigned to State
regulation by Coast Guard-State agreement.

    (a) Upon receipt of an application for a regatta or marine parade of 
a type assigned to a State for regulation under a Coast Guard-State 
agreement, the District Commander will forward the application to the 
State authority having cognizance of the event. Further processing and 
decision upon such

[[Page 254]]

an application shall be conducted by the State.
    (b) [Reserved]



Sec.  100.25  Action on application for event not assigned to
State regulation by Coast Guard-State agreement.

    (a) Where an event is one of a type not assigned to the State for 
regulation under a Coast Guard-State agreement (or where no such 
agreement has been entered), the Commander of a Coast Guard District who 
receives an application for a proposed regatta or marine parade to be 
held upon the navigable waters of the United States within his or her 
district shall take the following action:
    (1) He or she shall determine whether the proposed regatta or marine 
parade may be held in the proposed location with safety of life. To 
assist in his or her determination, he or she may, if he or she deems it 
necessary, hold a public hearing to obtain the views of all persons 
interested in, or who will be affected by, the regatta or marine parade.
    (2) He or she will notify the individual or organization which 
submitted the application:
    (i) That the application is approved, and the nature of the special 
local regulations, if any, which he or she will promulgate pursuant to 
Sec.  100.35; or
    (ii) That the interest of safety of life on the navigable waters of 
the United States requires specific change or changes in the application 
before it can be approved; or
    (iii) That the event requires no regulation or patrol of the regatta 
or marine parade area; or
    (iv) That the application is not approved, with reasons for such 
disapproval.

[CGFR 63-22, 28 FR 5155, May 23, 1963, as amended by USCG-2003-15404, 68 
FR 37740, June 25, 2003]



Sec.  100.30  Approval required for holding event.

    (a) An event for which application is required under Sec.  100.15(a) 
shall be held only after approval of such event by the District 
Commander, except that applications referred to a State under Sec.  
100.10 shall be governed by the laws of that State.



Sec.  100.35  Special local regulations.

    (a) The Commander of a Coast Guard District or Captain of the Port 
(COTP) as authorized by 33 CFR 1.05-1(i), after approving plans for the 
holding of a regatta or marine parade within his or her district or 
zone, is authorized to promulgate such special local regulations as he 
or she deems necessary to insure safety of life on the navigable waters 
immediately prior to, during, and immediately after the approved regatta 
or marine parade. Such regulations may include a restriction on, or 
control of, the movement of vessels through a specified area immediately 
prior to, during, and immediately after the regatta or marine parade.
    (b) The Commander of a Coast Guard District or COTP as authorized by 
33 CFR 1.05-1(i), after approving plans for the holding of a regatta or 
marine parade upon the navigable waters within his or her district or 
zone, and promulgating special regulations thereto, must give the public 
full and adequate notice of the dates of the regatta or marine parade, 
together with full and complete information of the special local 
regulations, if there be such. Such notice should be published in the 
local notices to mariners.
    (c) The special local regulations referred to in paragraph (a) of 
this section, when issued and published by the Commander of a Coast 
Guard District or COTP as authorized by 33 CFR 1.05-1(i), must have the 
status of regulations issued pursuant to the provisions of section 1 of 
the act of April 28, 1908, as amended (33 U.S.C. 1233).

[USCG-2009-0416, 74 FR 27438, June 10, 2009]



Sec.  100.35T07-0297  Special Local Regulation, 50 Aniversario 
Balneario de Boqueron, Bahia de Boqueron; Boqueron, PR.

    (a) Regulated Areas. The following regulated areas are established 
as a special local regulation. All coordinates are North American Datum 
1983.
    (1) Race Area. All waters of the Bahia de Boqueron, Boqueron, Puerto 
Rico encompassed within an imaginary line connecting the following 
points: starting at Point 1 in position 18 deg.01.030 N,

[[Page 255]]

67 deg.10.466 W; thence west to Point 2 in position 18 deg.01.048 N, 
67 deg.10.535 W; thence southwest to Point 3 in position 18 deg.00.770 
N, 67 deg.10.683 W; thence east to point 4 in position 18 deg.00.750 
N, 67 deg.10.611 N; thence northwest back to origin. All persons and 
vessels, except those persons and vessels participating in the high-
speed boat race, are prohibited from entering, transiting, anchoring, or 
remaining within the race area.
    (2) Buffer Zone. All waters of the Bahia de Boqueron, Boqueron, 
Puerto Rico encompassed within an imaginary line connecting the 
following points: starting at Point 1 in position 18 deg.01.099 N, 
67 deg.10.540 W; thence southwest to Point 2 in position 18 deg.00.756 
N, 67 deg.10.731 W; thence east to Point 3 in position 18 deg.00.716 
N, 67 deg.10.581 W; thence northeast to point 4 in position 
18 deg.01.069 N, 67 deg.10.401 N; thence west back to origin. All 
persons and vessels except those persons and vessels enforcing the 
buffer zone are prohibited from entering, transiting through, anchoring 
in, or remaining within the buffer zone, with the exception of 
authorized race participants transiting to or from the race area.
    (3) Spectator Area. All waters of the Bahia de Boqueron excluding 
the race area and the buffer zone, encompassed within an imaginary line 
connecting the following points: starting at Point 1 in position 
18 deg.00.977 N, 67 deg.10.392 W; thence southwest to Point 2 in 
position 18 deg.00.780 N, 67 deg.10.481 W; thence east to Point 3 in 
position 18 deg.00.780 N, 67 deg.10.464 W; thence northeast to Point 3 
in position 18 deg.00.977 N, 67 deg.10.385 W; thence west back to 
origin. All persons and vessels are prohibited from traveling in excess 
of wake speed and anchoring within the spectator area. On-scene 
designated representatives will direct spectator vessels to the 
spectator area.
    (b) Definition. The term ``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 regulated areas.
    (c) Regulations.
    (1) Except for those persons and vessels participating in the race, 
all persons and vessels are prohibited from entering, transiting 
through, anchoring in, or remaining within the race area. Except for 
those persons and vessels enforcing the buffer zone, or authorized 
participants transiting to or from the race area, all persons and 
vessels are prohibited from entering, transiting through, anchoring in, 
or remaining within the buffer area. All persons are prohibited from 
anchoring in, or traveling in excess of wake speed in the spectator 
area. Persons and vessels may request authorization to enter, transit 
through, anchor in, remain within the regulated areas, or to travel in 
excess of wake speed or anchor in the spectator area, by contacting the 
Captain of the Port San Juan by telephone at (787) 289-2041, or a 
designated representative via VHF radio on channel 16. If authorization 
is granted by the Captain of the Port San Juan or a designated 
representative, all persons and vessels receiving such authorization 
must comply with the instructions of the Captain of the Port San Juan or 
a designated representative.
    (2) The Coast Guard will provide notice of the regulated areas by 
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.
    (d) Enforcement Date. This rule will be enforced from 9 a.m. until 4 
p.m. on May 5, 2013.

[USCG-2013-0297, 78 FR 26248, May 6, 2013]



Sec.  100.40  Patrol of the regatta or marine parade.

    (a) The Commander of a Coast Guard District in which a regatta or 
marine parade is to be held may detail, if he or she deems the needs of 
safety require, one or more Coast Guard vessels to patrol the course of 
the regatta or marine parade for the purpose of enforcing not only the 
special local regulations but also for assistance work and the 
enforcement of laws generally.
    (b) The Commander of a Coast Guard District may also utilize any 
private vessel or vessels to enforce the special local regulations 
governing a regatta or marine parade provided such vessel or vessels 
have been placed at the disposition of the Coast Guard pursuant to 
section 826 in Title 14, U.S. Code, for such purpose by any member of 
the

[[Page 256]]

Coast Guard Auxiliary, or any corporation, partnership, or association, 
or by any State or political subdivision thereof. Any private vessel so 
utilized shall have on board an officer or petty officer of the Coast 
Guard who shall be in charge of the vessel during the detail and 
responsible for the law enforcement activities or assistance work 
performed by the vessel during such detail. Any private vessel so 
utilized will display the Coast Guard ensign while engaged in this duty.
    (c) The Commander of a Coast Guard District may also utilize any 
private vessel or vessels placed at the disposition of the Coast Guard 
pursuant to section 826 in Title 14, U.S. Code, by any member of the 
Coast Guard Auxiliary, or any corporation, partnership, or association, 
or by any State or political subdivision thereof, to patrol the course 
of the regatta or marine parade for the purpose of promoting safety by 
performing assistance work, effecting rescues, and directing the 
movement of vessels in the vicinity of the regatta or marine parade. 
Vessels utilized under the authority of this paragraph are not 
authorized to enforce the special local regulations or laws generally.

[CGFR 63-22, 28 FR 5155, May 23, 1963, as amended by CGFR 65-32, 30 FR 
8518, July 3, 1965; USCG-2003-15404, 68 FR 37740, June 25, 2003]



Sec.  100.45  Establishment of aids to navigation.

    The District Commander will establish and maintain only those aids 
to navigation necessary to assist in the observance and enforcement of 
the special regulations issued under the District Commander's authority. 
These aids to navigation will be in accordance with Part 62 of this 
chapter. All other aids to navigation incidental to the holding of a 
regatta or marine parade are private aids to navigation as described in 
Part 66 of this chapter.

[CGD 86-031, 52 FR 42645, Nov. 6, 1987]



Sec.  100.100  Special Local Regulations; Regattas and Boat Races in
the Coast Guard Sector Long Island Sound Captain of the Port Zone.

    (a) The following regulations apply to the marine events listed in 
the Table to Sec.  100.100. These regulations will be enforced for the 
duration of each event, on or about the dates indicated. Notifications 
will be made to the local maritime community through all appropriate 
means such as Local Notice to Mariners or Broadcast Notice to Mariners 
well in advance of the events. If the event does not have a date listed, 
then exact dates and times of the enforcement period will be announced 
through a Notice of Enforcement in the Federal Register. The First Coast 
Guard District Local Notice to Mariners can be found at: http://
www.navcen.uscg.gov/.
    (b) Definitions. The following definitions apply to this section:
    (1) Designated representative. A ``designated representative'' is 
any Coast Guard commissioned, warrant or petty officer of the U.S. Coast 
Guard who has been designated by the Captain of the Port (COTP), Sector 
Long Island Sound (LIS), to act on his or her behalf. The designated 
representative may be on an official patrol vessel 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.
    (2) Official patrol vessels. Official patrol vessels may consist of 
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement 
vessels assigned or approved by the COTP.
    (3) Spectators. All persons and vessels not registered with the 
event sponsor as participants or official patrol vessels.
    (c) Although listed in the Code of Federal Regulations, sponsors of 
events listed in Table to Sec.  100.100 are still required to submit 
marine event applications in accordance with 33 CFR 100.15. Each 
application must:
    (1) Be submitted no less than 60 days before the date of the 
proposed event.
    (2) If the proposed event does not have a specified date the sponsor 
shall hold the event during the month it is listed in Table to Sec.  
100.100.
    (3) Any proposed event not being held on the specified date or 
within the month listed in Table to Sec.  100.100 shall be considered a 
new marine event and the sponsor shall submit a new marine

[[Page 257]]

event application in accordance with 33 CFR 100.15 no less than 135 days 
before the start of the event.
    (d) Vessel operators desiring to enter or operate within the 
regulated areas shall contact the COTP at 203-468-4401 (Sector LIS 
command center) or the designated representative via VHF channel 16.
    (e) Vessels may not transit the regulated areas without the COTP or 
designated representative approval. Vessels permitted to transit must 
operate at a no wake speed, in a manner which will not endanger 
participants or other crafts in the event.
    (f) Spectators or other vessels shall not anchor, block, loiter, or 
impede the transit of event participants or official patrol vessels in 
the regulated areas during the effective dates and times, or dates and 
times as modified through the Local Notice to Mariners, unless 
authorized by COTP or designated representative.
    (g) The COTP or designated representative may control the movement 
of all vessels in the regulated area. When hailed or signaled by an 
official patrol vessel, a vessel shall come to an immediate stop and 
comply with the lawful directions issued. Failure to comply with a 
lawful direction may result in expulsion from the area, citation for 
failure to comply, or both.
    (h) The COTP or designated representative may delay or terminate any 
marine event in this subpart at any time it is deemed necessary to 
ensure the safety of life or property.
    (i) For all power boat races listed, 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 COTP or designated representative. Vessels within the 
regulated area must be at anchor within a designated spectator area or 
moored to a waterfront facility in a way that will not interfere with 
the progress of the event.

                         Table to Sec.   100.100
------------------------------------------------------------------------
 
------------------------------------------------------------------------
5                                                      May
------------------------------------------------------------------------
5.1 Harvard-Yale Regatta, Thames River,    Date: A single day
 New London, CT.                          between the last Saturday in
                                          May through second Saturday of
                                          June.
                                           Rain Date: A single
                                          day between the last Saturday
                                          in May through second Saturday
                                          of June.
                                           Time: 8 a.m. until 5
                                          p.m.
                                           Location: All waters
                                          of the Thames River at New
                                          London, Connecticut, between
                                          the Penn Central Draw Bridge
                                          at position 412146.94" N.
                                          0720514.46" W. to Bartlett
                                          Cove at position 412535.9" N.
                                          0720542.89" W. (NAD 83). All
                                          positions are approximate.
------------------------------------------------------------------------
5.2 Jones Beach Air Show...............    Date: The Thursday
                                          through Sunday before Memorial
                                          Day each May.
                                           Time:
                                            (1) The ``No Entry Area''
                                             will be enforced each day
                                             from the start of the air
                                             show until 30 minutes after
                                             it concludes. Exact time
                                             will be determined
                                             annually.
                                            (2) The ``Slow/No Wake
                                             Area'' and the ``No
                                             Southbound Traffic Area''
                                             will be enforced each day
                                             for six hours after the air
                                             show concludes. Exact time
                                             will be determined
                                             annually.
                                           Location:
                                            (1) ``No Entry Area'':
                                             Waters of the Atlantic
                                             Ocean off Jones Beach State
                                             Park, Wantagh, NY contained
                                             within the following
                                             described area; beginning
                                             at a point on land at
                                             position 403454" N.,
                                             0733321" W.; then east
                                             along the shoreline of
                                             Jones Beach State Park to a
                                             point on land at position
                                             403553" N., 0732848" W.;
                                             then south to a point in
                                             the Atlantic Ocean off of
                                             Jones Beach at position
                                             403505" N., 0732834" W.;
                                             then west to position
                                             403315" N., 0733309" W.;
                                             then north to the point of
                                             origin (NAD 83). All
                                             positions are approximate.

[[Page 258]]

 
                                            (2) ``Slow/No Wake Area'':
                                             All navigable waters
                                             between Meadowbrook State
                                             Parkway and Wantagh State
                                             Parkway and contained
                                             within the following area.
                                             Beginning in position
                                             403549.01" N., 733233.63"
                                             W.; then north along the
                                             Meadowbrook State Parkway
                                             to its intersection with
                                             Merrick Road in position
                                             403914" N., 73340.76" W.;
                                             then east along Merrick
                                             Road to its intersection
                                             with Wantagh State Parkway
                                             in position 403951.32" N.,
                                             733043.36" W.; then south
                                             along the Wantagh State
                                             Parkway to its intersection
                                             with Ocean Parkway in
                                             position 403547.30" N.,
                                             0733029.17" W.; then west
                                             along Ocean Parkway to its
                                             intersection with
                                             Meadowbrook State Parkway
                                             at the point of origin (NAD
                                             83). All positions are
                                             approximate.
                                            (3) ``No Southbound Traffic
                                             Area'': All navigable
                                             waters of Zach's Bay south
                                             of the line connecting a
                                             point near the western
                                             entrance to Zach's Bay at
                                             position 403629.20" N.,
                                             0732922.88" W. and a point
                                             near the eastern entrance
                                             of Zach's Bay at position
                                             403616.53" N., 0732857.26"
                                             W. (NAD 83). All positions
                                             are approximate.
------------------------------------------------------------------------
6                                                      June
------------------------------------------------------------------------
6.1 Swim Across America Greenwich......    Date: A single day
                                          during June.
------------------------------------------------------------------------
                                           Time: 5:30 a.m. until
                                          noon.
                                           Location: All
                                          navigable waters of Stamford
                                          Harbor within an area starting
                                          at a point in position
                                          410132.03" N., 073338.93" W.,
                                          then southeast to a point in
                                          position 410115.01" N.,
                                          0733255.58" W.; then southwest
                                          to a point in position
                                          41049.25" N., 0733320.36" W.;
                                          then northwest to a point in
                                          position 41058" N., 0733327"
                                          W.; then northeast to a point
                                          in position 41115.8" N.,
                                          073339.85" W., then heading
                                          north and ending at point of
                                          origin (NAD 83). All positions
                                          are approximate.
7                                                      July
------------------------------------------------------------------------
7.1 Connecticut River Raft Race,           Date: A single day
 Middletown, CT.                          between the last Saturday in
                                          July through first Saturday of
                                          August.
------------------------------------------------------------------------
                                           Time: 10 a.m. until 2
                                          p.m.
                                           Location: All waters
                                          of the Connecticut River near
                                          Middletown, CT between
                                          Gildersleeve Island (Marker
                                          no. 99) at position 413602.13"
                                          N., 0723722.71" W.; and
                                          Portland Riverside Marina
                                          (Marker no. 88) at position
                                          413338.3" N., 0723736.53" W.
                                          (NAD 83). All positions are
                                          approximate.
                                           Additional
                                          Stipulations: Spectators or
                                          other vessels shall not
                                          anchor, block, loiter, or
                                          impede the transit of event
                                          participants or official
                                          patrol vessels in the
                                          regulated areas unless
                                          authorized by COTP or
                                          designated representative.
------------------------------------------------------------------------
7.2 Dolan Family Fourth Fireworks......    Date: July 4.
                                           Rain date: July 5.
                                           Time: To be
                                          determined annually.
                                           Locations:
                                            (1) ``No Entry Area'': All
                                             waters of Oyster Bay Harbor
                                             in Long Island Sound off
                                             Oyster Bay, NY within a
                                             1000 foot radius of the
                                             launch platform in
                                             approximate position
                                             405342.50" N., 0733004.30"
                                             W. (NAD 83).

[[Page 259]]

 
                                            (2) ``Slow/No Wake Area'':
                                             All waters of Oyster Bay
                                             Harbor in Long Island Sound
                                             off Oyster Bay, NY
                                             contained within the
                                             following area; beginning
                                             at a point on land in
                                             position at 405312.43" N.,
                                             0733113.05" W. near Moses
                                             Point; then east across
                                             Oyster Bay Harbor to a
                                             point on land in position
                                             at 405315.12" N.,
                                             0733038.45" W.; then north
                                             along the shoreline to a
                                             point on land in position
                                             at 405334.43" N.,
                                             0733033.42" W. near Cove
                                             Point; then east along the
                                             shoreline to a point on
                                             land in position at
                                             405341.67" N., 0732940.74"
                                             W. near Cooper Bluff; then
                                             south along the shoreline
                                             to a point on land in
                                             position 405305.09" N.,
                                             0732923.32" W. near Eel
                                             Creek; then east across
                                             Cold Spring Harbor to a
                                             point on land in position
                                             405306.69" N., 0732819.9"
                                             W.; then north along the
                                             shoreline to a point on
                                             land in position 405524.09"
                                             N., 0732949.09" W. near
                                             Whitewood Point; then west
                                             across Oyster Bay to a
                                             point on land in position
                                             40555.29" N., 0733119.47"
                                             W. near Rocky Point; then
                                             south along the shoreline
                                             to a point on land in
                                             position 405404.11" N.,
                                             0733029.18" W. near Plum
                                             Point; then northwest along
                                             the shoreline to a point on
                                             land in position 405409.06"
                                             N., 0733045.71" W.; then
                                             southwest along the
                                             shoreline to a point on
                                             land in position 405403.2"
                                             N., 0733101.29" W.; and
                                             then south along the
                                             shoreline back to point of
                                             origin (NAD 83). All
                                             positions are approximate.
------------------------------------------------------------------------
7.3 Clam Shell Foundation Fireworks....    Date: A single day
                                          during July.
                                           Time: To be
                                          determined annually.
                                           Locations:
                                            (1) ``No Entry Area'': All
                                             waters of Three Mile
                                             Harbor, East Hampton, NY
                                             within a 1000 foot radius
                                             of the launch platform in
                                             approximate position
                                             410115.49" N., 0721127.5"
                                             W. (NAD 83).
                                            (2) ``Northbound Traffic
                                             Only Area'': All waters of
                                             Three Mile Harbor, East
                                             Hampton, NY contained
                                             within the following area;
                                             beginning at a point in
                                             position at 41025.05" N.,
                                             0721119.52" W.; then
                                             southeast to a point on
                                             land in position at
                                             41022.67" N., 0721117.97"
                                             W.; then south along
                                             shoreline to a point on
                                             land in position at
                                             410135.26" N., 072119.56"
                                             W.; then southeast across
                                             channel to a point on land
                                             in position at 410130.28"
                                             N., 07210"52.77" W.; then
                                             north along the shoreline
                                             to a point on land in
                                             position at 410141.35" N.,
                                             072 1052.57" W.; then north
                                             across channel to a point
                                             on land in position at
                                             410144.41" N., 072 1052.23"
                                             W. near the southern end of
                                             Sedge Island; then north
                                             along shoreline of Sedge
                                             Island to a point on land
                                             in position at 410156.3"
                                             N., 0721059.37" W., near
                                             the northern end of Sedge
                                             Island; then northwest
                                             across the channel to a
                                             point on land in position
                                             410156.76" N., 072110.66"
                                             W.; then northwest along
                                             shoreline to a point on
                                             land in position 410141.35"
                                             N., 0721052.57" W.; then
                                             northwest to position at
                                             41025.92" N., 0721116.73"
                                             W.; and then southwest to
                                             point of origin (NAD 83).
                                             All positions are
                                             approximate.
------------------------------------------------------------------------
7.4 Jones Beach State Park Fireworks...    Date: July 4.
                                           Rain date: July 5.
                                           Time: 8:30 p.m. to
                                          10:30 p.m.
                                           Locations:
                                            (1) ``No Entry Area'': All
                                             waters off of Jones Beach
                                             State Park, Wantagh, NY
                                             within a 1000 foot radius
                                             of the launch platform in
                                             approximate position 4034
                                             56.68" N., 0733031.19" W.
                                             (NAD 83).

[[Page 260]]

 
                                            (2) ``Slow/No Wake Area'':
                                             All navigable waters
                                             between Meadowbrook State
                                             Parkway and Wantagh State
                                             Parkway and contained
                                             within the following area.
                                             Beginning in position at
                                             403549.01" N., 0733233.63"
                                             W.; then north along the
                                             Meadowbrook State Parkway
                                             to its intersection with
                                             Merrick Road in position at
                                             403914" N., 073340.76" W.;
                                             then east along Merrick
                                             Road to its intersection
                                             with Wantagh State Parkway
                                             in position at 403951.32"
                                             N., 0733043.36" W.; then
                                             south along the Wantagh
                                             State Parkway to its
                                             intersection with Ocean
                                             Parkway in position at
                                             403547.30" N., 0733029.17"
                                             W.; then west along Ocean
                                             Parkway to its intersection
                                             with Meadowbrook State
                                             Parkway at the point of
                                             origin (NAD 83). All
                                             positions are approximate.
                                            (3) ``No Southbound Traffic
                                             Area'': All navigable
                                             waters of Zach's Bay south
                                             of the line connecting a
                                             point near the western
                                             entrance to Zach's Bay in
                                             position at 403629.20" N.,
                                             0732922.88" W. and a point
                                             near the eastern entrance
                                             of Zach's Bay in position
                                             at 403616.53" N.,
                                             0732857.26" W. (NAD 83).
                                             All positions are
                                             approximate.
------------------------------------------------------------------------
7.5 Maggie Fischer Memorial Great South    Date: A single day
 Bay Cross Bay Swim.                      during July.
                                           Time: To be
                                          determined annually.
                                           Location: Waters of
                                          the Great South Bay, NY within
                                          100 yards of the race course.
                                          Starting Point at the Fire
                                          Island Lighthouse Dock in
                                          position at 403801" N.,
                                          0731307" W.; then north-by-
                                          northwest to a point in
                                          position at 403852" N.,
                                          0731309" W.; then north-by-
                                          northwest to a point in
                                          position at 403940" N.,
                                          0731330" W.; then north-by-
                                          northwest to a point in
                                          position at 404030" N.,
                                          0731400" W.; and then north-by-
                                          northwest, finishing at
                                          Gilbert Park, Brightwaters, NY
                                          at position 404225" N.,
                                          0731452" W. (NAD 83). All
                                          positions are approximate.
------------------------------------------------------------------------
7.6 Aquapalooza, Zach's Bay............    Date: A single day
                                          during July.
                                           Time: 11:30 a.m. to 8
                                          p.m.
                                           Location: All
                                          navigable waters of Zach's
                                          Bay, Wantagh, NY south of the
                                          line connecting a point near
                                          the western entrance to Zach's
                                          Bay in approximate position
                                          403629.20" N., 0732922.88" W.
                                          and a point near the eastern
                                          entrance of Zach's Bay in
                                          approximate position
                                          403616.53" N., 0732857.26" W.
                                           Additional
                                          stipulations: During the
                                          enforcement period vessel
                                          speed in the regulated area is
                                          restricted to no wake speed or
                                          6 knots, whichever is slower.
                                          On the day of the event from 3
                                          p.m. to 5:30 p.m. vessels may
                                          only transit the regulated
                                          area in the northbound
                                          direction or outbound
                                          direction.
------------------------------------------------------------------------
7.7 Fran Schnarr Open Water                Date: A single day
 Championship Swim.                       during July.
                                           Time: To be
                                          determined annually.
                                           Location: Waters of
                                          Huntington Bay, NY within 100
                                          yards of the race course.
                                          Starting in position at
                                          405425.3" N., 0732427.9" W.;
                                          then northeast to a position
                                          at 405432" N., 732357.7" W.;
                                          then northwest to a position
                                          at 405437.9" N., 0732357.2"
                                          W.; then southwest to a
                                          position at 405433.2" N.,
                                          0732528.1" W.; then southeast
                                          to a position at 405425.5" N.,
                                          0732525.7" W.; and then
                                          southeast to point of origin
                                          (NAD 83). All positions are
                                          approximate.
------------------------------------------------------------------------
8                                                     August
------------------------------------------------------------------------
8.1 Riverfront Dragon Boat and Asian       Dates: Saturday and
 Festival.                                Sunday during the third
                                          weekend of August.
                                           Time: 8 a.m. until
                                          4:30 p.m. each day.
                                           Regulated area: All
                                          waters of the Connecticut
                                          River in Hartford, CT between
                                          the Bulkeley Bridge at
                                          414610.10" N., 0723956.13" W.
                                          and the Wilbur Cross Bridge at
                                          414511.67" N., 0723913.64" W.
                                          (NAD 83). All positions are
                                          approximate.
------------------------------------------------------------------------
8.2 Swim Across the Sound..............    Date: A single day
                                          during August.

[[Page 261]]

 
                                           Time: To be
                                          determined annually.
                                           Location: Waters of
                                          Long Island Sound from Port
                                          Jefferson, NY in approximate
                                          position 405811.71" N.,
                                          0730551.12" W.; then northwest
                                          to Captain's Cove Seaport,
                                          Bridgeport, CT in approximate
                                          position 410925.07" N.,
                                          0731247.82" W. (NAD 83).
------------------------------------------------------------------------
8.3 Stonewall Swim.....................    Date: A day during a
                                          weekend in August.
                                           Time: 8:30 a.m. until
                                          12:30 p.m.
                                           Location: All
                                          navigable waters of the Great
                                          South Bay within a three miles
                                          long and half mile wide box
                                          connecting Snedecor Avenue in
                                          Bayport, NY to Porgie Walk in
                                          Fire Island, NY. Formed by
                                          connecting the following
                                          points. Beginning at
                                          404340.24" N., 0730341.50" W.;
                                          then to 404340.00" N.,
                                          0730313.40" W.; then to
                                          404004.13" N., 0730343.81" W.;
                                          then to 404008.30" N.,
                                          0730317.70" W.; and then back
                                          to point of origin (NAD 83).
------------------------------------------------------------------------
8.4 Island Beach Two Mile Swim.........    Date: A single day
                                          during August.
                                           Time: To be
                                          determined annually.
                                           Location: All waters
                                          of Captain Harbor between
                                          Little Captain's Island and
                                          Bower's Island that are
                                          located within the box formed
                                          by connecting four points in
                                          the following positions.
                                          Beginning at 405923.35" N.
                                          0733642.05" W.; then northwest
                                          to 405951.04" N. 0733757.32"
                                          W.; then southwest to
                                          405945.17" N. 0733801.18" W.;
                                          then southeast to 405917.38"
                                          N. 0733645.9" W.; then
                                          northeast to the point of
                                          origin (NAD 83). All positions
                                          are approximate.
------------------------------------------------------------------------
8.5 Waves of Hope Swim.................    Date: A single day
                                          during August.
                                           Time: To be
                                          determined annually.
                                           Location: All waters
                                          of the Great South Bay off
                                          Amityville, NY shoreward of a
                                          line created by connecting the
                                          following points. Beginning at
                                          a point at 403922.38" N.,
                                          0732531.63" W; then south to a
                                          point at 40392.18" N.,
                                          0732531.63" W.; then east to a
                                          point at 40392.18" N.,
                                          073243.81" W.; then north to a
                                          point at 403918.27" N.,
                                          073243.81" W.; and then west
                                          back to point of origin (NAD
                                          83). All positions are
                                          approximate.
------------------------------------------------------------------------
8.6 Smith Point Triathlon..............    Date: A day during a
                                          weekend in August.
                                           Time: To be
                                          determined annually.
                                           Location: All waters
                                          of Narrow Bay near Smith Point
                                          Park in Mastic Beach, NY
                                          within the area bounded by
                                          land along its southern edge
                                          and points in position at
                                          404414.28" N., 0725140.68" W.;
                                          then north to a point at
                                          position 404420.83" N.,
                                          0725140.68" W.; then east to a
                                          point at position 404420.83"
                                          N., 0725119.73" W.; then south
                                          to a point at position
                                          404414.85" N., 0725119.73" W.;
                                          and then southwest along the
                                          shoreline back to the point of
                                          origin (NAD 83). All positions
                                          are approximate.
------------------------------------------------------------------------
9                                                   September
------------------------------------------------------------------------
9.1 Head of the Tomahawk...............    Date: A single day
                                          during September.
                                           Time: To be
                                          determined annually.
                                           Location: All
                                          navigable waters of the
                                          Connecticut River off South
                                          Glastonbury, CT. Beginning at
                                          position 414118.88" N.;
                                          0723716.26" W.; then downriver
                                          along the west bank to a point
                                          at position 413849.12" N.,
                                          0723732.73" W.; then across
                                          the Connecticut River to a
                                          point at position 413849.5"
                                          N., 0723719.55" W.; then
                                          upriver along the east bank to
                                          a point at position 414125.82"
                                          N., 072379.08" W.; then across
                                          the Connecticut River to the
                                          point of origin (NAD 83).
                                           Additional
                                          Stipulations: Non-event
                                          vessels transiting through the
                                          area during the enforcement
                                          period are to travel at no
                                          wake speeds or 6 knots,
                                          whichever is slower and that
                                          non-event vessels shall not
                                          block or impede the transit of
                                          event participants, event
                                          safety vessels or official
                                          patrol vessels in the
                                          regulated area unless
                                          authorized by COTP or
                                          designated representatives.
------------------------------------------------------------------------

[[Page 262]]

 
10                                                   October
------------------------------------------------------------------------
10.1 Head of the Riverfront Rowing         Date: The first
 Regatta, Hartford, CT.                   Sunday of October.
                                           Time: 5:30 a.m. until
                                          5:30 p.m.
                                           Location: All water
                                          of the Connecticut River,
                                          Hartford, CT, between at point
                                          North of Wethersfield Cove at
                                          414352.17" N., 0723840.38" W.
                                          and the Riverside Boat House
                                          414630.98" N., 072 3954.35" W.
                                          (NAD 83).
------------------------------------------------------------------------


[USCG-2008-0384, 77 FR 6956, Feb. 10, 2012, as amended by USCG-2012-
1036, 78 FR 31404, May 24, 2013; USCG-2015-0100, 81 FR 31857, May 20, 
2016]



Sec.  100.114  Fireworks displays within the First Coast Guard District.

    (a) Regulated area. That area of navigable waters within a 500-yard 
radius of the launch platform for each fireworks display listed in the 
following table.

                         Fireworks Display Table
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                                  June
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                                  July
------------------------------------------------------------------------
New York:
    7.34............  July 4th...............  Name: Bayville Crescent
                                                Club Fireworks.
                                               Sponsor: Bayville
                                                Crescent Club, Bayville,
                                                NY.
                                               Time: 8 p.m. to 10 p.m.
                                               Location: Cooper Bluff,
                                                Cove Neck, NY..
------------------------------------------------------------------------

    (b) Special local regulations. (1) No person or vessel may enter, 
transit, or remain within the regulated area during the effective period 
of regulation unless authorized by the Coast Guard patrol commander.
    (2) Vessels encountering emergencies which require transit through 
the regulated area should contact the Coast Guard patrol commander on 
VHF Channel 16. In the event of an emergency, the Coast Guard patrol 
commander may authorize a vessel to transit through the regulated area 
with a Coast Guard designated escort.
    (3) All persons and vessels shall comply with the instructions of 
the Coast Guard on-scene patrol commander. On-scene patrol personnel may 
include commissioned, warrant, and petty officers of the U.S. Coast 
Guard. Upon hearing five or more short blasts from a U.S. Coast Guard 
vessel, the operator of a vessel shall proceed as directed. Members of 
the Coast Guard Auxiliary may also be present to inform vessel operators 
of this regulation and other applicable laws.
    (c) Effective dates. This rule is in effect from one hour before the 
scheduled start of the event until thirty minutes after the last 
firework is exploded for each event listed in the Table. For those 
events listed without a specific time or date, an annual Federal 
Register document will be published indicating event dates and times.

[CGD01-99-009, 64 FR 34544, June 28, 1999]

    Editorial Note: For Federal Register citations affecting Sec.  
100.114, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec.  100.119  Newport-Bermuda Regatta, Narragansett Bay, Newport, RI.

    (a) Regulated area. The regulated area includes all waters of 
Narragansett Bay, Newport, RI, within the following points (NAD 83):

412751" N                            0712214" W
412724" N                            0712157" W
412709" N                            0712239" W
412736" N                            0722255" W
 


In the event that weather conditions prohibit a safe race start within 
the approach to Newport Harbor, the race will begin offshore and the 
following regulated area applies (NAD 83):

412604" N                            0712216" W
412536" N                            0712158" W
412545" N                            0712240" W
412549" N                            0712256" W
 

    (b) Special local regulations. (1) The Coast Guard patrol commander 
may delay, modify, or cancel the race as conditions or circumstances 
require.
    (2) No person or vessel may enter, transit, or remain in the 
regulated area

[[Page 263]]

unless participating in the event or unless authorized by the Coast 
Guard patrol commander.
    (3) Vessels encountering emergencies which require transit through 
the regulated area should contact the Coast Guard patrol commander on 
VHF Channel 16. In the event of an emergency, the Coast Guard patrol 
commander may authorize a vessel to transit through the regulated area 
with a Coast Guard designated escort.
    (4) All persons and vessels shall comply with the instructions of 
the Coast Guard on-scene patrol commander. On-scene patrol personnel may 
include commissioned, warrant, and petty officers of the U.S. Coast 
Guard. Upon hearing five or more short blasts from a U.S. Coast Guard 
vessel, the operator of a vessel shall proceed as directed. Members of 
the Coast Guard Auxiliary may also be present to inform vessel operators 
of this regulation and other applicable laws.
    (c) Effective date. This section is in effect biennially on a date 
and times published in the Local Notice to Mariners.

[CGD01-96-025, 61 FR 32332, June 24, 1996, as amended by USCG-2016-1022, 
82 FR 23142, May 22, 2017]



Sec.  100.120  Special Local Regulations; Marine Events Held in the
Coast Guard Sector Northern New England Captain of the Port Zone.

    The following regulations apply to the marine events listed in the 
Table to Sec.  100.120. These regulations will be enforced for the 
duration of each event, on the dates indicated. Mariners should consult 
their Local Notice to Mariners to remain apprised of the specific 
calendar date upon which the listed event falls for each calendar year 
and other specific information concerning the event. First Coast Guard 
District Local Notice to Mariners can be found at: http://
www.navcen.uscg.gov/. The Sector Northern New England Marine Events 
schedule can also be viewed electronically at www.homeport.uscg.mil.

    Note to introductory text of Sec.  100.20: Although listed in the 
Code of Federal Regulations, sponsors of events listed in the Table to 
Sec.  100.120 are still required to submit marine event applications in 
accordance with 33 CFR 100.15.

    (a) The Coast Guard may patrol each event area under the direction 
of a designated Coast Guard Patrol Commander. The Patrol Commander may 
be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign 
``PATCOM.'' Official patrol vessels may consist of any Coast Guard, 
Coast Guard Auxiliary, state, or local law enforcement vessels assigned 
or approved by the Captain of the Port, Sector Northern New England.
    (b) Vessels may not transit the regulated areas without the Patrol 
Commander approval. Vessels permitted to transit must operate at a no 
wake speed, in a manner which will not endanger participants or other 
crafts in the event.
    (c) Spectators or other vessels shall not anchor, block, loiter, or 
impede the transit of event participants or official patrol vessels in 
the regulated areas during the effective dates and times, unless 
authorized by an official patrol vessel.
    (d) The Patrol Commander may control the movement of all vessels in 
the regulated area. When hailed or signaled by an official patrol 
vessel, a vessel shall come to an immediate stop and comply with the 
lawful directions issued. Failure to comply with a lawful direction may 
result in expulsion from the area, citation for failure to comply, or 
both.
    (e) The Patrol Commander may delay or terminate any marine event in 
this subpart at any time it is deemed necessary to ensure the safety of 
life or property.
    (f) For all power boat races listed, vessels operating within the 
regulated area must be at anchor within a designated spectator area or 
moored to a waterfront facility in a way that will not interfere with 
the progress of the event.
    (g) For all regattas and boat parades listed, spectator vessels 
operating within the regulated area shall maintain a separation of at 
least 50 yards from the participants.
    (h) For all rowing and paddling boat races listed, vessels not 
associated with the event shall maintain a separation of at least 50 
yards from the participants.

[[Page 264]]

    (i) The specific calendar date upon which the listed event falls 
will be published in the Federal Register.

                         Table to Sec.   100.120
------------------------------------------------------------------------
 
------------------------------------------------------------------------
5.0                                    May occur May through September
------------------------------------------------------------------------
5.1 Tall Ships Visiting Portsmouth.    Event Type: Regatta and
                                      Boat Parade.
                                       Sponsor: Portsmouth
                                      Maritime Commission, Inc.
                                       Date: A four day event
                                      from Friday through Monday.\1\
                                       Time (Approximate): 9:00
                                      a.m. to 8:00 p.m. each day.
                                       Location: The regulated
                                      area includes all waters of
                                      Portsmouth Harbor, New Hampshire
                                      in the vicinity of Castle Island
                                      within the following points (NAD
                                      83):
                                        430311" N., 0704226" W.
                                        430318" N., 0704151" W.
                                        430442" N., 0704211" W.
                                        430428" N., 0704412" W.
                                        430536" N., 0704556" W.
                                        430529" N., 0704609" W.
                                        430419" N., 0704416" W.
                                        430422" N., 0704233" W.
------------------------------------------------------------------------
6.0                                                  JUNE
------------------------------------------------------------------------
6.1 Bar Harbor Blessing of the         Event Type: Regatta and
 Fleet.                               Boat Parade.
                                       Sponsor: Town of Bar
                                      Harbor, Maine.
                                       Date: A one day event
                                      between the 15th of May and the
                                      15th of June.\1\
                                       Time (Approximate): 12:00
                                      p.m. to 1:30 p.m.
                                       Location: The regulated
                                      area includes all waters of Bar
                                      Harbor, Maine within the following
                                      points (NAD 83):
                                        442332" N., 0681219" W.
                                        442330" N., 0681200" W.
                                        442337" N., 0681200" W.
                                        442335" N., 0681219" W.
------------------------------------------------------------------------
6.2 Charlie Begin Memorial Lobster     Event Type: Power Boat
 Boat Races.                          Race.
                                       Sponsor: Boothbay Harbor
                                      Lobster Boat Race Committee.
                                       Date: A one day event in
                                      June.\1\
                                       Time (Approximate): 10:00
                                      a.m. to 3:00 p.m.
                                       Location: The regulated
                                      area includes all waters of
                                      Boothbay Harbor, Maine in the
                                      vicinity of John's Island within
                                      the following points (NAD 83):
                                        435004" N., 0693837" W.
                                        435054" N., 0693806" W.
                                        435049" N., 0693750" W.
                                        435000" N., 0693820" W.
------------------------------------------------------------------------
6.3 Rockland Harbor Lobster Boat       Event Type: Power Boat
 Races.                               Race.
                                       Sponsor: Rockland Harbor
                                      Lobster Boat Race Committee.
                                       Date: A one day event in
                                      June.\1\
                                       Time (Approximate): 9:00
                                      a.m. to 5:00 p.m.
                                       Location: The regulated
                                      area includes all waters of
                                      Rockland Harbor, Maine in the
                                      vicinity of the Rockland
                                      Breakwater Light within the
                                      following points (NAD 83):
                                        440559" N., 0690453" W.
                                        440643" N., 0690525" W.
                                        440650" N., 0690505" W.
                                        440605" N., 0690434" W.
------------------------------------------------------------------------
6.4 Windjammer Days Parade of Ships    Event Type: Tall Ship
                                      Parade.
                                       Sponsor: Boothbay Region
                                      Chamber of Commerce.
                                       Date: A one day event in
                                      June.\1\
                                       Time (Approximate): 12:00
                                      p.m. to 5:00 p.m.
                                       Location: The regulated
                                      area includes all waters of
                                      Boothbay Harbor, Maine in the
                                      vicinity of Tumbler's Island
                                      within the following points (NAD
                                      83):
                                        435102" N., 0693733" W.
                                        435047" N., 0693731" W.
                                        435023" N., 0693757" W.
                                        435001" N., 0693745" W.
                                        435001" N., 0693831" W.
                                        435025" N., 0693825" W.
                                        435049" N., 0693745" W.
------------------------------------------------------------------------

[[Page 265]]

 
6.5 Bass Harbor Blessing of the        Event Type: Power Boat
 Fleet Lobster Boat Race..            Race.
                                       Sponsor: Tremont
                                      Congregational Church.
                                       Date: A one day event in
                                      June.\1\
                                       Time (Approximate): 10:00
                                      a.m. to 2:00 p.m.
                                       Location: The regulated
                                      area includes all waters of Bass
                                      Harbor, Maine in the vicinity of
                                      Lopaus Point within the following
                                      points (NAD 83):
                                        441328" N., 0682159" W.
                                        441320" N., 0682140" W.
                                        441405" N., 0682055" W.
                                        441412" N., 0682114" W.
------------------------------------------------------------------------
6.6 Long Island Lobster Boat Race..    Event Type: Power Boat
                                      Race.
                                       Sponsor: Long Island
                                      Lobster Boat Race Committee.
                                       Date: A one day event in
                                      June.\1\
                                       Time (Approximate): 10:00
                                      a.m. to 3:00 p.m.
                                       Location: The regulated
                                      area includes all waters of Casco
                                      Bay, Maine in the vicinity of
                                      Great Ledge Cove and Dorseys Cove
                                      off the northwest coast of Long
                                      Island, Maine within the following
                                      points (NAD 83):
                                        434159" N., 0700859" W.
                                        434204" N., 0700910" W.
                                        434141" N., 0700938" W.
                                        434136" N., 0700930" W.
------------------------------------------------------------------------
7.0                                                  JULY
------------------------------------------------------------------------
7.1 Burlington 3rd of July Air Show    Event Type: Air Show.
                                       Sponsor: Dan Marcotte
                                      Airshows.
                                       Date: A one day event
                                      held near July 4th.\1\
                                       Time (Approximate): 8:30
                                      p.m. to 9:00 p.m.
                                       Location: The regulated
                                      area includes all waters of Lake
                                      Champlain, Burlington, VT within
                                      the following points (NAD 83):
                                        442851" N., 0731421" W.
                                        442857" N., 0731341" W.
                                        442805" N., 0731326" W.
                                        442759" N., 0731403" W
------------------------------------------------------------------------
7.2 Moosabec Lobster Boat Races....    Event Type: Power Boat
                                      Race.
                                       Sponsor: Moosabec Boat
                                      Race Committee.
                                       Date: A one day event
                                      held near July 4th.\1\
                                       Time (Approximate): 10:00
                                      a.m. to 12:30 p.m.
                                       Location: The regulated
                                      area includes all waters of
                                      Jonesport, Maine within the
                                      following points (NAD 83):
                                        443121" N., 0673644" W.
                                        443136" N., 0673647" W.
                                        443144" N., 0673536" W.
                                        443129" N., 0673533" W.
------------------------------------------------------------------------
7.3 The Great Race.................    Event Type: Rowing and
                                      Paddling Boat Race.
                                       Sponsor: Franklin County
                                      Chamber of Commerce.
                                       Date: A one day event on
                                      a Sunday between the 15th of
                                      August and the 15th of
                                      September.\1\
                                       Time (Approximate): 10:00
                                      a.m. to 12:30 p.m.
                                       Location: The regulated
                                      area includes all waters of Lake
                                      Champlain in the vicinity of Saint
                                      Albans Bay within the following
                                      points (NAD 83):
                                        444718" N., 0731027" W.
                                        444710" N., 0730851" W.
------------------------------------------------------------------------
7.4 Searsport Lobster Boat Races...    Event Type: Power Boat
                                      Race.
                                       Sponsor: Searsport
                                      Lobster Boat Race Committee.
                                       Date: A one day in
                                      July.\1\
                                       Time (Approximate): 9:00
                                      a.m. to 4:00 p.m.
                                       Location: The regulated
                                      area includes all waters of
                                      Searsport Harbor, Maine within the
                                      following points (NAD 83):
                                        442650" N., 0685520" W.
                                        442704" N., 0685526" W.
                                        442712" N., 0685435" W.
                                        442659" N., 0685429" W.
------------------------------------------------------------------------
7.5 Stonington Lobster Boat Races..    Event Type: Power Boat
                                      Race.
                                       Sponsor: Stonington
                                      Lobster Boat Race Committee.
                                       Date: A one day event in
                                      July.\1\
                                       Time (Approximate): 8:00
                                      a.m. to 3:30 p.m.
                                       Location: The regulated
                                      area includes all waters of
                                      Stonington, Maine within the
                                      following points (NAD 83):

[[Page 266]]

 
                                        440855" N., 0684012" W.
                                        440900" N., 0684015" W.
                                        440911" N., 0683942" W.
                                        440907" N., 0683939" W.
------------------------------------------------------------------------
7.6 Mayor's Cup Regatta............    Event Type: Sailboat
                                      Parade.
                                       Sponsor: Plattsburgh
                                      Sunrise Rotary.
                                       Date: A one day event in
                                      July.\1\
                                       Time (Approximate): 10:00
                                      a.m. to 4:00 p.m.
                                       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):
                                        444126" N., 0732346" W.
                                        444019" N., 0732440" W.
                                        444201" N., 0732522" W.
------------------------------------------------------------------------
7.7 The Challenge Race.............    Event Type: Rowing and
                                      Paddling Boat Race.
                                       Sponsor: Lake Champlain
                                      Maritime Museum.
                                       Date: A one day event in
                                      July.\1\
                                       Time (Approximate): 11:00
                                      a.m. to 3:00 p.m.
                                       Location: The regulated
                                      area includes all waters of Lake
                                      Champlain in the vicinity of
                                      Button Bay State Park within the
                                      following points (NAD 83):
                                        441225" N., 0732232" W.
                                        441200" N., 0732142" W.
                                        441219" N., 0732125" W.
                                        441316" N., 0732136" W.
------------------------------------------------------------------------
7.8 Yarmouth Clam Festival Paddle      Event Type: Rowing and
 Race.                                Paddling Boat Race.
                                       Sponsor: Maine Island
                                      Trail Association.
                                       Date: A one day event in
                                      July.\1\
                                       Time (Approximate): 8:00
                                      a.m. to 4:00 p.m.
                                       Location: The regulated
                                      area includes all waters in the
                                      vicinity of the Royal River outlet
                                      and Lane's Island within the
                                      following points (NAD 83):
                                        434747" N, 0700840" W.
                                        434750" N, 0700713" W.
                                        434706" N, 0700732" W.
                                        434717" N, 0700825" W.
------------------------------------------------------------------------
7.9 Maine Windjammer Lighthouse        Event Type: Wooden Boat
 Parade.                              Parade.
                                       Sponsor: Maine Windjammer
                                      Association.
                                       Date: A one day event in
                                      July.\1\
                                       Time (Approximate): 1:00
                                      p.m. to 3:00 p.m.
                                       Location: The regulated
                                      area includes all waters of
                                      Rockland Harbor, Maine in the
                                      vicinity of the Rockland Harbor
                                      Breakwater within the following
                                      points (NAD 83):
                                        440614" N., 0690348" W.
                                        440550" N., 0690347" W.
                                        440614" N., 0690537" W.
                                        440550" N., 0690537" W.
------------------------------------------------------------------------
7.10 Friendship Lobster Boat Races.    Event Type: Power Boat
                                      Race.
                                       Sponsor: Friendship
                                      Lobster Boat Race Committee.
                                       Date: A one day event
                                      during a weekend between the 15th
                                      of July and the 15th of August.\1\
                                       Time (Approximate): 9:30
                                      a.m. to 3:00 p.m.
                                       Location: The regulated
                                      area includes all waters of
                                      Friendship Harbor, Maine within
                                      the following points (NAD 83):
                                        435751" N., 0692046" W.
                                        435814" N., 0691953" W.
                                        435819" N., 0692001" W.
                                        435800" N., 0692046" W.
------------------------------------------------------------------------
7.11 Harpswell Lobster Boat Races..    Event Type: Power Boat
                                      Race.
                                       Sponsor: Harpswell
                                      Lobster Boat Race Committee.
                                       Date: A one day event
                                      between the 15th of July and the
                                      15th of August.\1\
                                       Time (Approximate): 10:00
                                      a.m. to 3:00 p.m.
                                       Location: The regulated
                                      area includes waters of Middle Bay
                                      near Harpswell, Maine within the
                                      following points (NAD 83):
                                        434415" N., 0700206" W.
                                        434459" N., 0700121" W.
                                        434451" N., 0700105" W.
                                        434406" N., 0700149" W.
------------------------------------------------------------------------
8.0                                                 AUGUST
------------------------------------------------------------------------

[[Page 267]]

 
8.1 Eggemoggin Reach Regatta.......    Event Type: Wooden Boat
                                      Parade.
                                       Sponsor: Rockport Marine,
                                      Inc. and Brookline Boat Yard.
                                       Date: A one day event on
                                      a Saturday between the 15th of
                                      July and the 15th of August.\1\
                                       Time (Approximate): 11:00
                                      a.m. to 7:00 p.m.
                                       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):
                                        441516" N., 0683626" W.
                                        441241" N., 0682926" W.
                                        440738" N., 0683130" W.
                                        441254" N., 0683346" W.
------------------------------------------------------------------------
8.2 Southport Rowgatta Rowing and      Event Type: Rowing and
 Paddling Boat Race.                  Paddling Boat Race.
                                       Sponsor: Boothbay Region
                                      YMCA.
                                       Date: A one day event in
                                      August.\1\
                                       Time (Approximate): 8:00
                                      a.m. to 3:00 p.m.
                                       Location: The regulated
                                      area includes all waters of
                                      Sheepscot Bay and Boothbay, on the
                                      shore side of Southport Island,
                                      Maine within the following points
                                      (NAD 83):
                                        435026" N., 0693910" W.
                                        434910" N., 0693835" W.
                                        434653" N., 0693906" W.
                                        434650" N., 0693932" W.
                                        434907" N., 0694143" W.
                                        435019" N., 0694114" W.
                                        435111" N., 0694006" W.
------------------------------------------------------------------------
8.3 Winter Harbor Lobster Boat         Event Type: Power Boat
 Races.                               Race.
                                       Sponsor: Winter Harbor
                                      Chamber of Commerce.
                                       Date: A one day event in
                                      August.\1\
                                       Time (Approximate): 9:00
                                      a.m. to 3:00 p.m.
                                       Location: The regulated
                                      area includes all waters of Winter
                                      Harbor, Maine within the following
                                      points (NAD 83):
                                        442206" N., 0680513" W.
                                        442306" N., 0680508" W.
                                        442304" N., 0680437" W.
                                        442205" N., 0680444" W.
------------------------------------------------------------------------
8.4 Lake Champlain Dragon Boat         Event Type: Rowing and
 Festival.                            Paddling Boat Race.
                                       Sponsor: Dragonheart
                                      Vermont.
                                       Date: A two day event
                                      held in July and a two day event
                                      in August.
                                       Time (Approximate): 8:00
                                      a.m. to 6:00 p.m.
                                       Location: The regulated
                                      area includes all waters of
                                      Burlington Bay within the
                                      following points (NAD 83):
                                        442849" N., 0731322" W.
                                        442841" N., 0731336" W.
                                        442828" N., 0731331" W.
                                        442838" N., 0731318" W.
------------------------------------------------------------------------
8.5 Merritt Brackett Lobster Boat      Event Type: Power Boat
 Races.                               Race.
                                       Sponsor: Town of Bristol,
                                      Maine.
                                       Date: A one day event in
                                      August.\1\
                                       Time (Approximate): 10:00
                                      a.m. to 3:00 p.m.
                                       Location: The regulated
                                      area includes all waters of
                                      Pemaquid Harbor, Maine within the
                                      following points (NAD 83):
                                        435216" N., 0693210" W.
                                        435241" N., 0693143" W.
                                        435235" N., 0693129" W.
                                        435209" N., 0693156" W.
------------------------------------------------------------------------
8.6 Multiple Sclerosis Regatta.....    Event Type: Regatta and
                                      Sailboat Race.
                                       Sponsor: Maine Chapter,
                                      Multiple Sclerosis Society.
                                       Date: A one day event in
                                      August.\1\
                                       Time (Approximate): 10:00
                                      a.m. to 4:00 p.m.
                                       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):
                                        434024" N., 0701420" W.
                                        434036" N., 0701356" W.
                                        433958" N., 0701321" W.
                                        433946" N., 0701351" W.
------------------------------------------------------------------------

[[Page 268]]

 
8.7 Multiple Sclerosis Harborfest      Event Type: Power Boat
 Lobster Boat/Tugboat Races.          Race.
                                       Sponsor: Maine Chapter,
                                      National Multiple Sclerosis
                                      Society.
                                       Date: A one day event in
                                      August.\1\
                                       Time (Approximate): 10:00
                                      a.m. to 3:00 p.m.
                                       Location: The regulated
                                      area includes all waters of
                                      Portland Harbor, Maine in the
                                      vicinity of Maine State Pier
                                      within the following points (NAD
                                      83):
                                        434025" N., 0701421" W.
                                        434036" N., 0701356" W.
                                        433958" N., 0701321" W.
                                        433947" N., 0701351" W.
------------------------------------------------------------------------
9.0                                               SEPTEMBER
------------------------------------------------------------------------
9.1 Pirates Festival Lobster Boat      Event Type: Power Boat
 Races.                               Race.
                                       Sponsor: Eastport Pirates
                                      Festival.
                                       Date: A one day event in
                                      September.\1\
                                       Time (Approximate): 11:00
                                      a.m. to 6:00 p.m.
                                       Location: The regulated
                                      area includes all waters in the
                                      vicinity of Eastport Harbor, Maine
                                      within the following points (NAD
                                      83):
                                        445414" N., 0665852" W.
                                        445414" N., 0685856" W.
                                        445424" N., 0665852" W.
                                        445424" N., 0665856" W
------------------------------------------------------------------------
\1\ Date subject to change. Exact date will be posted in Notice of
  Enforcement and Local Notice to Mariners.


[USCG-2011-1023, 77 FR 23603, Apr. 20, 2012, as amended by USCG-2012-
1057, 78 FR 47557, Aug. 6, 2013; USCG-2013-0904, 79 FR 18171, Apr. 1, 
2014; USCG-2014-0865, 80 FR 27089, May 12, 2015; USCG-2015-1052, 81 FR 
36156, June 6, 2016]



Sec.  100.130  Special Local Regulations; Recurring Annual Marine Events
in Sector Boston Captain of the Port Zone.

    This section applies to the marine events listed in Table 1 of this 
section. The regulations in this section will be enforced for the 
duration of each event, on or about the dates indicated in Table 1 of 
this section. Annual notice of the exact dates and times of the 
effective period of the regulations in this section with respect to each 
event, the geographical description of each regulated area, and details 
concerning the nature of the event and the number of participants and 
type(s) of vessels involved will be provided to the local maritime 
community through the Local Notice to Mariners and/or Broadcast Notice 
to Mariners well in advance of the events. If the event does not have a 
date listed, then the exact dates and times of the enforcement will be 
announced through a Notice of Enforcement in the Federal Register. 
Mariners should consult the Federal Register or their LNM to remain 
apprised of minor schedule or event changes. First Coast Guard District 
LNM can be found at: http://www.navcen.uscg.gov/. The Sector Boston 
Marine Events schedule can also be viewed electronically at http://
www.homeport.uscg.mil. Although listed in the Code of Federal 
Regulations, sponsors of events listed in Table 1 of this section are 
still required to submit a marine event permit application in accordance 
with 33 CFR 100.15.
    (a) The Coast Guard may patrol each event area under the direction 
of a designated Coast Guard Patrol Commander (PATCOM). PATCOM may be 
contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM.'' 
Official patrol vessels may consist of any Coast Guard, Coast Guard 
Auxiliary, state, or local law enforcement vessels assigned or approved 
by the Captain of the Port, Sector Boston.
    (b) Vessels may not transit the regulated areas without PATCOM 
approval. Vessels permitted to transit must operate at a no wake speed, 
in a manner which will not endanger participants or other crafts in the 
event.
    (c) Spectators or other vessels shall not anchor, block, loiter, or 
impede the transit of event participants or official patrol vessels in 
the regulated areas during the effective dates and times, or

[[Page 269]]

dates and times as modified through LNM, unless authorized by an 
official patrol vessel.
    (d) PATCOM may control the movement of all vessels in the regulated 
area. When hailed or signaled by an official patrol vessel, a vessel 
shall come to an immediate stop and comply with the lawful directions 
issued. Failure to comply with a lawful direction may result in 
expulsion from the area, citation for failure to comply, or both.
    (e) PATCOM may delay or terminate any marine event in this subpart 
at any time it is deemed necessary to ensure the safety of life or 
property. Such action may be justified as a result of weather, traffic 
density, spectator operation or participant behavior.
    (f) For all power boat races listed, vessels operating within the 
regulated area must be at anchor within a designated spectator area or 
moored to a waterfront facility in a way that will not interfere with 
the progress of the event.
    (g) For all regattas, boat parades, and rowing and paddling boat 
races, vessels not associated with the event shall maintain a separation 
of at least 50 yards from the participants.

                                 Table 1
------------------------------------------------------------------------
 
------------------------------------------------------------------------
3.0                                                 MARCH
------------------------------------------------------------------------
3.1 Hull Snow Row.................    Event Type: Rowing
                                     Regatta.
                                      Sponsor: Hull Lifesaving
                                     Museum.
                                      Date: A one-day event on
                                     Saturday during the second weekend
                                     of March, as specified in the USCG
                                     District 1 Local Notice to
                                     Mariners.
                                      Time: 12:00 pm to 13:00
                                     pm.
                                      Location: All waters of
                                     Hingham Bay, between Windmill Point
                                     and Sheep's Island within the
                                     following points (NAD 83):
                                       4218.3 N, 07055.8 W.
                                       4218.3 N, 07055.3 W.
                                       4216.6 N, 07054.9 W.
                                       4216.6 N, 07056.0 W.
------------------------------------------------------------------------
6.0                                                 JUNE
------------------------------------------------------------------------
6.1 Sea-Doo Regional Championships    Event Type: PWC Race.
                                      Sponsor: Toyota.
                                      Date: A two-day event on
                                     Saturday and Sunday during the
                                     first weekend of June, as specified
                                     in the USCG District 1 Local Notice
                                     to Mariners.
                                      Time: 6:30 am to 5:00 pm
                                     daily.
                                      Location: All waters of
                                     the Atlantic Ocean near Salisbury
                                     Beach, Salisbury, MA, within a 100-
                                     yard radius of the race course site
                                     located at position 4251.5 N,
                                     07048.5 W (NAD 83).
------------------------------------------------------------------------
8.0                                                AUGUST
------------------------------------------------------------------------
8.1 Haverhill River Run...........    Event Type: Power Boat
                                     Race.
                                      Sponsor: Crescent Yacht
                                     Club and South Shore Outboard
                                     Association.
                                      Date: A two-day event on
                                     Saturday and Sunday during the last
                                     weekend of August, as specified in
                                     the USCG District 1 Local Notice to
                                     Mariners.
                                      Time: 12:00 pm to 5:00 pm.
                                      Location: All waters of
                                     the Merrimack River, between the
                                     Interstate 495 Highway Bridge,
                                     located at position 4246.1 N,
                                     07107.2 W (NAD 83), and the
                                     Haverhill-Groveland SR97/113
                                     Bridge, located at position 4245.8
                                     N, 07102.1 W (NAD 83).
------------------------------------------------------------------------


[USCG-2011-0109, 76 FR 69625, Nov. 9, 2011]

[[Page 270]]



Sec.  100.150  Special Local Regulations; Marine Events in the Coast
Guard Sector New York Captain of the Port Zone.

    The following regulations apply to the marine events listed in the 
TABLE to Sec.  100.150. These regulations will be enforced for the 
duration of each event, on or about the dates indicated. Annual notice 
of the exact dates and times of the effective period of the regulations 
with respect to each event, the geographical area, and details 
concerning the nature of the event and the number of participants and 
type(s) of vessels involved will be published in a Local Notices to 
Mariners and broadcast over VHF-FM radio. First Coast Guard District 
Local Notice to Mariners can be found at: http://www.navcen.uscg.gov/. 
The Sector New York Marine Events schedule can also be viewed 
electronically at http://www.homeport.uscg.mil/newyork. Although listed 
in the Code of Federal Regulations, sponsors of events listed in the 
TABLE to Sec.  100.150 are still required to submit marine event 
applications in accordance with 33 CFR 100.15.
    (a) Definitions. The following definitions apply to this section:
    (1) Designated Representative. A ``designated representative'' is 
any Coast Guard commissioned, warrant or petty officer of the U.S. Coast 
Guard who has been designated by the Captain of the Port, Sector New 
York (COTP), to act on his or her behalf. The designated representative 
may be on an official patrol vessel 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.
    (2) Official Patrol Vessels. Official patrol vessels may consist of 
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement 
vessels assigned or approved by the COTP.
    (3) Spectators. All persons and vessels not registered with the 
event sponsor as participants or official patrol vessels.
    (b) Vessel operators desiring to enter or operate within the 
regulated areas shall contact the COTP or the designated representative 
via VHF channel 16 or (718) 354-4353 (Sector New York command center) to 
obtain permission to do so.
    (c) Vessels may not transit the regulated areas without the COTP or 
designated representative approval. Vessels permitted to transit must 
operate at a no wake speed, in a manner which will not endanger 
participants or other crafts in the event.
    (d) Spectators or other vessels shall not anchor, block, loiter, or 
impede the transit of event participants or official patrol vessels in 
the regulated areas during the effective dates and times, or dates and 
times as modified through the Local Notice to Mariners, unless 
authorized by COTP or designated representative.
    (e) The COTP or designated representative may control the movement 
of all vessels in the regulated area. When hailed or signaled by an 
official patrol vessel, a vessel shall come to an immediate stop and 
comply with the lawful directions issued. Failure to comply with a 
lawful direction may result in expulsion from the area, citation for 
failure to comply, or both.
    (f) The COTP or designated representative may delay or terminate any 
marine event in this subpart at any time it is deemed necessary to 
ensure the safety of life or property.
    (g) For all power boat races listed, 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 COTP or designated representative. Vessels within the 
regulated area must be at anchor within a designated spectator area or 
moored to a waterfront facility in a way that will not interfere with 
the progress of the event.

                         Table to Sec.   100.150
------------------------------------------------------------------------
 
------------------------------------------------------------------------
1.0.......................................          Hudson River
------------------------------------------------------------------------
1.1 New York Super Boat Race..............    Event type: Power
                                             Boat Race.
                                              Date: The weekend
                                             after Labor Day.

[[Page 271]]

 
                                              Location: All
                                             waters of the Lower Hudson
                                             River south of a line drawn
                                             from the northwest corner
                                             of Pier 76 in Manhattan,
                                             New York to a point on the
                                             New Jersey shore in
                                             Weehawken, New Jersey at
                                             approximate position
                                             404552" N 0740101" W (NAD
                                             1983) and north of a line
                                             connecting the following
                                             points (all coordinates are
                                             NAD 1983): 404216.0" N,
                                             0740109.0" W; thence to
                                             404155.0" N, 0740116.0" W;
                                             thence to 404147.0" N,
                                             0740136.0" W; thence to
                                             404155.0" N, 0740159.0" W;
                                             thence to 404220.5" N,
                                             0740206.0" W.
------------------------------------------------------------------------


[USCG-2010-1001, 76 FR 69616, Nov. 9, 2011]



Sec.  100.169  Special Local Regulation; Washburn Board Across the Bay,
Lake Superior; Chequamegon Bay, WI.

    (a) Location. All waters of Chequamegon Bay within 100 yards of 
either side of an imaginary line beginning in Washburn, WI at position 
46 deg.3652" N., 090 deg.5424" W.; thence southwest to position 
46 deg.3844" N., 090 deg.5450" W.; thence southeast to position 
46 deg.3702" N., 090 deg.5020" W.; and ending southwest at position 
46 deg.3612" N., 090 deg.5151" W.
    (b) Effective period. This annual event historically occurs within 
the third or fourth week of July. The COTP, Duluth, will announce 
enforcement dates via Notice of Enforcement, Local Notice to Mariners, 
Broadcast Notice to Mariners, on-scene designated representatives, or 
other forms of outreach.
    (c) Regulations. Vessels transiting within the regulated area shall 
travel at a no-wake speed except as may be permitted by the COTP, Duluth 
or a designated on-scene representative. Additionally, vessels shall 
yield right-of-way for event participants and event safety craft and 
shall follow directions given by event representatives during the event.

[USCG-2017-0169, 82 FR 29736, June 30, 2017]

    Effective Date Note: By USCG-2017-0169, 82 FR 29736, June 30, 2017, 
Sec.  100.169 was added, effective July 31, 2017.



Sec.  100.170  Special Local Regulation; Breakers to Bridge Paddle
Festival, Lake Superior, Keweenaw Waterway, MI.

    (a) Location. All navigable waters of the Keweenaw Waterway 
beginning at the North Entry at position 47 deg.1403" N., 
088 deg.3753" W.; and ending at the Portage Lake Lift Bridge at 
position 47 deg.0725" N., 088 deg.3426" W.
    (b) Effective period. This annual event historically occurs within 
the first or second week of September. The Captain of the Port Duluth 
(COTP) will announce enforcement dates via Notice of Enforcement, Local 
Notice to Mariners, Broadcast Notice to Mariners, on-scene designated 
representatives, or other means of outreach.
    (c) Regulations. Vessels transiting within the regulated area shall 
travel at a no-wake speed except as may be permitted by the COTP or a 
designated on-scene representative. Additionally, vessels shall yield 
right-of-way for event participants and event safety craft and shall 
follow directions given by event representatives during the event.

[USCG-2017-0170, 82 FR 27112, June 14, 2017]

    Effective Date Note: By USCG-2017-0170, 82 FR 27112, June 14, 2017, 
Sec.  100.170 was added, effective July 14, 2017.



Sec.  100.501  Special Local Regulations; Marine Events within the
Fifth Coast Guard District.

    This section applies to the marine events listed in the Table to 
Sec.  100.501. These regulations will be effective annually, for the 
duration of each event listed in the Table to Sec.  100.501. Annual 
notice of the exact dates and times of the effective period of the 
regulation with respect to each event, the geographical area, and 
details concerning the nature of the event and the number of 
participants and type(s) of vessels involved will be published in Local 
Notices to Mariners and via Broadcast Notice to Mariners over VHF-FM 
marine band radio.
    (a) Definitions. The following definitions apply to this section:
    (1) Coast Guard Patrol Commander. A Patrol Commander (PATCOM) is a 
commissioned, warrant, or petty officer of the Coast Guard who has been 
designated by the respective Coast

[[Page 272]]

Guard Sector--Captain of the Port to enforce these regulations.
    (2) Official patrol. Any vessel assigned or approved by the 
respective Captain of the Port with a commissioned, warrant, or petty 
officer on board and displaying a Coast Guard ensign.
    (3) Spectators. All persons and vessels not registered with the 
event sponsor as participants or official patrol vessels.
    (4) Regulated area. An area where Special local regulations apply to 
a specific described waterway to include creeks, sounds, bays, rivers 
and, oceans. Regulated areas include all waters of a specific body of 
water described with intent to define boundaries where the Coast Guard 
enforces Special local regulations. Boundaries may be described from 
shoreline to shoreline, reference bridges, or other fixed structures, by 
points and lines defined by latitude and longitude. All coordinates 
reference Datum: NAD 1983.
    (b) Marine event patrol. The Coast Guard will assign a marine event 
patrol, as described in Sec.  100.40, to each regulated event listed in 
the table. Additionally, a PATCOM will be assigned to oversee the 
patrol. The marine event patrol and PATCOM may be contacted on VHF-FM 
Channel 16. The PATCOM may terminate the event, or the operation of any 
vessel participating in the marine event, at any time if deemed 
necessary for the protection of life or property. Only designated marine 
event participants and their vessels and official patrol vessels are 
authorized to enter the regulated area.
    (c) Special local regulations. (1) Controls on vessel movement. The 
PATCOM or designated marine event patrol may forbid and control the 
movement of all vessels in the regulated area(s). When hailed or 
signaled by an official patrol vessel, a vessel in these areas shall 
immediately comply with the directions given. Failure to do so may 
result in expulsion from the area, citation for failure to comply, or 
both.
    (2) Directions, instructions, and minimum speed necessary. The 
operator of any vessel in the regulated area shall:
    (i) Stop the vessel immediately when directed to do so by any 
Official Patrol and then proceed only as directed.
    (ii) All persons and vessels shall comply with the instructions of 
the Official Patrol.
    (iii) Vessel operators may request permission to enter and transit 
through a regulated area by contacting the PATCOM on VHF-FM channel 16. 
When authorized to transit through the regulated area, vessels shall 
proceed at the minimum speed necessary to maintain a safe course that 
minimizes wake near the race course or marine event area.
    (3) Race area. This is an area described by a line bound by 
coordinates provided in latitude and longitude that outlines the 
boundary of a race area within the regulated area defined by this part. 
Only event sponsor designated participants or designated participating 
vessels and official patrol vessels are allowed to enter the race area. 
Persons or vessel operators may request authorization to enter and 
transit through the regulated area by contacting the PATCOM on VHF-FM 
Channel 16.
    (4) Spectator area. This is an area described by a line bound by 
coordinates provided in latitude and longitude that outlines the 
boundary of a spectator area within the regulated area defined by this 
part. Spectators are only allowed inside the regulated area if they 
remain within a designated spectator area. All spectator vessels shall 
be anchored or operate at a No Wake Speed within the designated 
spectator area. On scene designated PATCOM representatives will direct 
spectator vessels to the spectator area. Spectators shall contact the 
PATCOM to request permission to pass through the regulated area. If 
permission is granted, spectators must pass directly through the 
regulated area at safe speed and without loitering.
    (5) Buffer area. This is a neutral zone that surrounds the perimeter 
of a Race Area or Marine Event Area within the regulated area described 
by this part. The purpose of a buffer zone is to minimize potential 
collision conflicts with marine event participants or race boats and 
spectator vessels or nearby transiting vessels. This zone provides

[[Page 273]]

separation between a Race Area or Marine Event Area and a specified 
Spectator Area or other vessels that are operating in the vicinity of 
the Special local regulated area for marine event.
    (6) Designated spectator area. Spectators are only allowed inside 
the regulated area if they remain within a designated spectator area. 
Spectators shall contact the PATCOM to request permission to either 
enter the Spectator Area or pass through the regulated area. If 
permission is granted, spectators may enter the Spectator Area or must 
pass directly through the regulated area as instructed by PATCOM at safe 
speed and without loitering.
    (d) Contact information. Questions about marine events should be 
addressed to the local Coast Guard Captain of the Port for the area in 
which the marine 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 subpart 3.25 of this 
chapter.
    (1) Coast Guard Sector Delaware Bay--Captain of the Port Zone, 
Philadelphia, Pennsylvania: (215) 271-4940.
    (2) Coast Guard Sector Maryland-National Capital Region--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 
North Carolina: (877) 229-0770 or (910) 362-4015.
    (e) Application for marine events. The application requirements of 
Sec.  100.15 of this part apply to all marine events listed in the Table 
to Sec.  100.501. For information on applying for a marine event permit, 
contact the Captain of the Port for the area in which the marine event 
will occur, at the phone numbers listed above.
    (f) Enforcement periods. The enforcement periods for each of the 
Special local regulations listed in the Table to Sec.  100.501 of this 
section are subject to change, but the duration of enforcement would 
remain the same or nearly the same total amount of time as stated in its 
table. In the event of a change, or for enforcement periods listed that 
do not allow a specific date or dates to be determined, the Captain of 
the Port will provide notice by publishing a Notice of Enforcement in 
the Federal Register, as well as issuing a Broadcast Notice to Mariners.
    (g) Regulations for specific marine events. (1) Marine event: (b.) 
7, U.S. Naval Academy Blue Angels Air Show. Severn River spectator area; 
except for a vessel in an emergency situation, a vessel may not anchor 
or maintain station within the spectator area described in Table to 
100.501 (b.) 7 without the permission of the Captain of the Port or 
designated PATCOM. The Captain of the Port has designated this spectator 
area for commercial small passenger vessel use. This area is closed 
except for commercial small passenger vessels holding a valid 
Certificate of Inspection regulated under 46 CFR subchapters K and T (46 
CFR 114.110, and 175.110). Vessels that meet the requirements of this 
section may request access to the Severn River spectator area by 
contacting the City of Annapolis Harbormaster at (410) 263-7973 or email 
[email protected] to obtain a vessel spectator area 
application. Vessel spectator area applications shall be submitted no 
later than 7 calendar days prior to the event date. Applicants will be 
notified by the Captain of the Port or representative regarding status 
of applications and further instructions. All vessels shall contact the 
PATCOM on VHF-FM channels 16 or 22A prior to transiting to the spectator 
area to confirm entry approval. Vessels approved for spectator area 
access shall follow the instructions issued by the PATCOM when entering 
the regulated area. The regulations for this event will restrict access 
to some of the anchorage grounds listed at 33 CFR 110.159, Annapolis 
Harbor, MD, specifically (2) Middle Ground Anchorage, (3) South 
Anchorage, and (4) Naval Anchorage for Small Craft.
    (2) Marine event: (b.) 23, Baltimore Air Show. Patapsco River 
spectator area; except for a vessel in an emergency situation, a vessel 
may not anchor or hold station within the spectator area described in 
Table to 100.501 (b.) 23 without the permission of the Captain of the 
Port or designated

[[Page 274]]

PATCOM. The Captain of the Port has designated this spectator area for 
commercial small passenger vessel use. This area is closed except for 
commercial small passenger vessels holding a valid Certificate of 
Inspection regulated under 46 CFR subchapters K and T (46 CFR 114.110 
and 175.110). Vessels that meet the requirements of this section may 
request access to the Patapsco River spectator area by contacting the 
Sail Baltimore at (410) 522-7300 or emailing [email protected] to 
obtain a vessel spectator area application. Vessel spectator area 
applications shall be submitted no later than 10 calendar days prior to 
the event date. Applicants will be notified by the Captain of the Port 
or representative regarding status of applications and further 
instructions. All vessels shall contact the PATCOM on VHF-FM channels 16 
or 22A prior to transiting to the spectator area to confirm entry 
approval. Vessels approved for spectator area access shall follow the 
instructions issued by the PATCOM when entering the regulated area. The 
regulations for this event will restrict access to some of the anchorage 
grounds listed at 33 CFR 110.158, Baltimore Harbor, MD. Specifically 
anchorage grounds:
    (i) Anchorage No. 1, general anchorage;
    (ii) Anchorage No. 2, general anchorage;
    (iii) Anchorage No. 3 Upper, general anchorage; and
    (iv) Anchorage No. 3 Lower, general anchorage.

                                             Table to Sec.   100.501
                [All coordinates listed in the Table to Sec.   100.501 Reference Datum NAD 1983.]
----------------------------------------------------------------------------------------------------------------
                                                                                        Location/special local
   No./enforcement  period(s) \1\             Event                  Sponsor               regulation area
----------------------------------------------------------------------------------------------------------------
                                 (a.) Coast Guard Sector Delaware Bay--COTP Zone
----------------------------------------------------------------------------------------------------------------
1. June--1st Sunday                  Atlantic County Day at  Atlantic County, New    The waters of Great Egg
                                      the Bay.                Jersey.                 Harbor Bay, adjacent to
                                                                                      Somers Point, New Jersey,
                                                                                      bounded by a line drawn
                                                                                      along the following
                                                                                      boundaries: The area is
                                                                                      bounded to the north by
                                                                                      the shoreline along John
                                                                                      F. Kennedy Park and Somers
                                                                                      Point, New Jersey; bounded
                                                                                      to the east by the State
                                                                                      Route 52 bridge; bounded
                                                                                      to the south by a line
                                                                                      that runs along latitude
                                                                                      391800" N., and bounded to
                                                                                      the west by a line that
                                                                                      runs along longitude
                                                                                      0743700" W.
2. May--3rd Sunday; September--3rd   Annual Escape from      Escape from Fort        All waters of the Delaware
 Saturday                             Fort Delaware           Delaware Triathlon,     River between Pea Patch
                                      Triathlon.              Inc.                    Island and Delaware City,
                                                                                      Delaware, bounded by a
                                                                                      line connecting the
                                                                                      following points: Latitude
                                                                                      393635.7" N., longitude
                                                                                      0753525.6" W., thence
                                                                                      southeast to latitude
                                                                                      393457.3" N., longitude
                                                                                      0753323.1" W., thence
                                                                                      southwest to latitude
                                                                                      393411.9" N., longitude
                                                                                      0753428.6" W., thence
                                                                                      northwest to latitude
                                                                                      393552.4" N., longitude
                                                                                      0753633.9" W., thence to
                                                                                      point of origin.
3. June--last Saturday               Westville Parade of     Borough of Westville    All waters of Big Timber
                                      Lights.                 and Westville Power     Creek in Westville, New
                                                              Boat.                   Jersey from shoreline to
                                                                                      shoreline bounded on the
                                                                                      south from the Route 130
                                                                                      Bridge and to the north by
                                                                                      the entrance of the
                                                                                      Delaware River.
4. June--4th Sunday                  OPA Atlantic City       Offshore Performance    Regulated enforcement area--
                                      Grand Prix.             Assn. (OPA).            All waters of the North
                                                                                      Atlantic Ocean encompassed
                                                                                      within the following
                                                                                      areas:
                                                                                     Race area: All waters of
                                                                                      the North Atlantic Ocean
                                                                                      bounded by a line
                                                                                      connecting the following
                                                                                      points: latitude 392131"
                                                                                      N., longitude 0742445" W.,
                                                                                      thence east to latitude
                                                                                      392108" N., longitude
                                                                                      0742432" W., thence
                                                                                      southwest to latitude
                                                                                      392021" N., longitude
                                                                                      0742704.6" W., thence
                                                                                      northwest to latitude
                                                                                      392045.6" N., longitude
                                                                                      0742711.6" W., thence
                                                                                      northeast parallel to
                                                                                      shoreline to point of
                                                                                      origin.
                                                                                     Buffer area: All waters of
                                                                                      the North Atlantic Ocean
                                                                                      bounded by a line
                                                                                      connecting the following
                                                                                      points: Latitude 392146"
                                                                                      N., longitude 0742435" W.,
                                                                                      thence east to latitude
                                                                                      392106" N., longitude
                                                                                      0742406" W., thence
                                                                                      southwest to latitude
                                                                                      392006" N., longitude
                                                                                      0742720" W., thence
                                                                                      northwest to latitude
                                                                                      392040.6" N., longitude
                                                                                      0742731.5"W., thence
                                                                                      northeast along the
                                                                                      shoreline to point of
                                                                                      origin.

[[Page 275]]

 
                                                                                     Spectator area: All waters
                                                                                      of the North Atlantic
                                                                                      Ocean bounded by a line
                                                                                      connecting the following
                                                                                      points: Latitude 392105.6
                                                                                      N., longitude 0742405.8"
                                                                                      W., thence east to
                                                                                      latitude 392052.1" N.,
                                                                                      longitude 0742353.9" W.,
                                                                                      thence southeast to
                                                                                      latitude 391951.6" N.,
                                                                                      longitude 0742716.2" W.,
                                                                                      thence northwest to
                                                                                      latitude 392005.6" N.,
                                                                                      longitude 0742720" W.,
                                                                                      thence northeast to point
                                                                                      of origin.
5. July--on or about July 4th        U.S. holiday            City of Philadelphia..  The waters of the Delaware
                                      celebrations.                                   River, adjacent to
                                                                                      Philadelphia, PA and
                                                                                      Camden, NJ, from shoreline
                                                                                      to shoreline, bounded on
                                                                                      the south by the Walt
                                                                                      Whitman Bridge and bounded
                                                                                      on the north by the
                                                                                      Benjamin Franklin Bridge.
6. August--2nd Friday, Saturday and  Point Pleasant OPA/NJ   Offshore Performance    Regulated enforcement area--
 Sunday                               Offshore Grand Prix.    Association (OPA) and   All waters of the North
                                                              New Jersey Offshore     Atlantic Ocean encompassed
                                                              Racing Assn.            within the following
                                                                                      areas:
                                                                                     Race area: All waters of
                                                                                      the North Atlantic Ocean
                                                                                      bounded by a line
                                                                                      connecting the following
                                                                                      points: Latitude 395941"
                                                                                      N., longitude 0740320" W.,
                                                                                      thence east to latitude
                                                                                      395928" N., longitude
                                                                                      0740215" W., thence
                                                                                      southwest to latitude
                                                                                      395641" N., longitude
                                                                                      0740255" W., thence west
                                                                                      to latitude 395645" N.,
                                                                                      longitude 0740352" W.,
                                                                                      thence north parallel to
                                                                                      shoreline to point of
                                                                                      origin.
                                                                                     Buffer area: All waters of
                                                                                      the North Atlantic Ocean
                                                                                      bounded by a line
                                                                                      connecting the following
                                                                                      points: Latitude 400000"
                                                                                      N., longitude 0740331" W.,
                                                                                      thence east to latitude
                                                                                      395941" N., longitude
                                                                                      0740200" W., thence
                                                                                      southwest to latitude
                                                                                      395628" N., longitude
                                                                                      0740243" W., thence west
                                                                                      to latitude 395631" N.,
                                                                                      longitude 0740410" W.,
                                                                                      thence north along the
                                                                                      shoreline to point of
                                                                                      origin.
                                                                                     Spectator area: All waters
                                                                                      of the North Atlantic
                                                                                      Ocean bounded by a line
                                                                                      connecting the following
                                                                                      points: Latitude 395941"
                                                                                      N., longitude 0740159" W.,
                                                                                      thence east to latitude
                                                                                      395939" N., longitude
                                                                                      0740148" W., thence
                                                                                      southwest to latitude
                                                                                      395627" N., longitude
                                                                                      0740229" W., thence west
                                                                                      to latitude 395628" N.,
                                                                                      longitude 0740243" W.,
                                                                                      thence north to point of
                                                                                      origin.
7. May--3rd weekend, Saturday and    New Jersey Offshore     Offshore Performance    Regulated enforcement area--
 Sunday                               Grand Prix.             Assn. & New Jersey      All waters of the North
                                                              Offshore Racing Assn.   Atlantic Ocean encompassed
                                                                                      within the following
                                                                                      areas:
                                                                                     Race area: All waters of
                                                                                      the North Atlantic Ocean
                                                                                      bounded by a line
                                                                                      connecting the following
                                                                                      points: Latitude 400540"
                                                                                      N., longitude 0740159" W.,
                                                                                      thence southeast to
                                                                                      latitude 400534" N.,
                                                                                      longitude 0740140" W.,
                                                                                      thence south to latitude
                                                                                      400354" N., longitude
                                                                                      0740207" W., thence west
                                                                                      to latitude 400356" N.,
                                                                                      longitude 0740224" W.,
                                                                                      thence north and parallel
                                                                                      to shoreline to point of
                                                                                      origin.
                                                                                     Buffer area: All waters of
                                                                                      the North Atlantic Ocean
                                                                                      bounded by a line
                                                                                      connecting the following
                                                                                      points: Latitude 400555"
                                                                                      N., longitude 0740202" W.,
                                                                                      thence southeast to
                                                                                      latitude 400544" N.,
                                                                                      longitude 0740128" W.,
                                                                                      thence south to latitude
                                                                                      400342" N., longitude
                                                                                      0740201" W., thence west
                                                                                      to latitude 400344" N.,
                                                                                      longitude 0740236" W.,
                                                                                      thence north along the
                                                                                      shoreline to point of
                                                                                      origin.
                                                                                     Spectator area: All waters
                                                                                      of the North Atlantic
                                                                                      Ocean bounded by a line
                                                                                      connecting the following
                                                                                      points: Latitude 400544"
                                                                                      N., longitude 0740127" W.,
                                                                                      thence east to latitude
                                                                                      400542" N., longitude
                                                                                      0740120" W., thence
                                                                                      southwest to latitude
                                                                                      400342" N., longitude
                                                                                      0740155" W., thence west
                                                                                      to latitude 400342" N.,
                                                                                      longitude 0740201" W.,
                                                                                      thence north to point of
                                                                                      origin.
8. August--3rd Tuesday and           Thunder Over the        Atlantic City Chamber   The waters of the North
 Wednesday                            Boardwalk Air show.     of Commerce.            Atlantic Ocean, adjacent
                                                                                      to Atlantic City, New
                                                                                      Jersey, bounded by a line
                                                                                      drawn between the
                                                                                      following points: From a
                                                                                      point along the shoreline
                                                                                      at latitude 392131" N.,
                                                                                      longitude 0742504" W.,
                                                                                      thence southeasterly to
                                                                                      latitude 392108" N.,
                                                                                      longitude 0742448" W.,
                                                                                      thence southwesterly to
                                                                                      latitude 392016" N.,
                                                                                      longitude 0742717" W.,
                                                                                      thence northwesterly to a
                                                                                      point along the shoreline
                                                                                      at latitude 392044" N.,
                                                                                      longitude 0742731" W.,
                                                                                      thence northeasterly along
                                                                                      the shoreline to latitude
                                                                                      392131" N., longitude
                                                                                      0742504" W.

[[Page 276]]

 
9. October--1st Monday (Columbus     U.S. holiday            City of Philadelphia..  The waters of the Delaware
 Day)                                 celebrations.                                   River, adjacent to
                                                                                      Philadelphia, PA and
                                                                                      Camden, NJ, from shoreline
                                                                                      to shoreline, bounded on
                                                                                      the south by the Walt
                                                                                      Whitman Bridge and bounded
                                                                                      on the north by the
                                                                                      Benjamin Franklin Bridge.
10. December 31st (New Year's Eve)   U.S. holiday            City of Philadelphia..  The waters of the Delaware
                                      celebrations.                                   River, adjacent to
                                                                                      Philadelphia, PA and
                                                                                      Camden, NJ, from shoreline
                                                                                      to shoreline, bounded on
                                                                                      the south by the Walt
                                                                                      Whitman Bridge and bounded
                                                                                      on the north by the
                                                                                      Benjamin Franklin Bridge.
11. September--2nd, 3rd or 4th       Ocean City Air Show...  Ocean City, NJ........  All waters of the New
 Sunday                                                                               Jersey Intracoastal
                                                                                      Waterway (ICW) bounded by
                                                                                      a line connecting the
                                                                                      following points: Latitude
                                                                                      391557" N., longitude
                                                                                      0743509" W., thence
                                                                                      northeast to latitude
                                                                                      391634" N., longitude
                                                                                      0743354" W., thence
                                                                                      southeast to latitude
                                                                                      391617" N., longitude
                                                                                      0743329" W., thence
                                                                                      southwest to latitude
                                                                                      391540" N., longitude
                                                                                      0743446" W., thence
                                                                                      northwest to point of
                                                                                      origin, near Ocean City,
                                                                                      NJ.
12. June--4th Sunday and August--    Atlantic City           Atlantic City, NJ.....  All waters of the New
 2nd or 3rd Sunday. September--2nd    International                                   Jersey Intracoastal
 or 3rd Saturday and Sunday           Triathlon.                                      Waterway (ICW) bounded by
                                                                                      a line connecting the
                                                                                      following points: Latitude
                                                                                      392120" N., longitude
                                                                                      0742718" W., thence
                                                                                      northeast to latitude
                                                                                      392127.47" N., longitude
                                                                                      0742710.31" W., thence
                                                                                      northeast to latitude
                                                                                      392133" N., longitude
                                                                                      0742657" W., thence
                                                                                      northwest to latitude
                                                                                      392137" N., longitude
                                                                                      0742703" W., thence
                                                                                      southwest to latitude
                                                                                      392129.88" N., longitude
                                                                                      0742714.31" W., thence
                                                                                      south to latitude 392119"
                                                                                      N., longitude 0742722" W.,
                                                                                      thence east to latitude
                                                                                      392118.14" N., longitude
                                                                                      0742719.25" W., thence
                                                                                      north to point of origin,
                                                                                      near Atlantic City, NJ.
----------------------------------------------------------------------------------------------------------------
                       (b.) Coast Guard Sector Maryland-National Capital Region--COTP Zone
----------------------------------------------------------------------------------------------------------------
1. March--4th or last Saturday; or   USNA Safety at Sea      U.S. Naval Academy....  All waters of the Severn
 April--1st Saturday                  Seminar.                                        River from shoreline to
                                                                                      shoreline, bounded to the
                                                                                      northwest by the Naval
                                                                                      Academy (SR-450) Bridge
                                                                                      and bounded to the
                                                                                      southeast by a line drawn
                                                                                      from Triton Light at
                                                                                      latitude 385853.0" N.,
                                                                                      longitude 0762834.4" W.,
                                                                                      thence easterly to Carr
                                                                                      Point, MD at latitude
                                                                                      385858.7" N., longitude
                                                                                      0762738.9" W.
2. April--3rd, 4th and last          USNA Crew Races.......  U.S. Naval Academy....  All waters of the Severn
 Saturday and Sunday, and May--                                                       River from shoreline to
 every Saturday and Sunday                                                            shoreline, bounded to the
                                                                                      northwest by a line drawn
                                                                                      from the south shoreline
                                                                                      at latitude 390058" N.,
                                                                                      longitude 0763132" W.,
                                                                                      thence to the north
                                                                                      shoreline at latitude
                                                                                      390111" N., longitude
                                                                                      0763110" W. The regulated
                                                                                      area is bounded to the
                                                                                      southeast by a line drawn
                                                                                      from U.S. Naval Academy
                                                                                      Light at latitude
                                                                                      385839.5" N., longitude
                                                                                      0762849" W., thence
                                                                                      easterly to Carr Point, MD
                                                                                      at latitude 385858" N.,
                                                                                      longitude 0762741" W.
3. July--3rd, 4th or last Saturday,  Middle River Dinghy     Norris Trust            The waters of Middle River,
 or Sunday                            Poker Run.              Foundation.             from shoreline to
                                                                                      shoreline, within an area
                                                                                      bounded to the north by a
                                                                                      line drawn along latitude
                                                                                      391933" N., and bounded to
                                                                                      the south by a line drawn
                                                                                      from latitude 391724.4"
                                                                                      N., longitude 0762353.3"
                                                                                      W., thence east to
                                                                                      latitude 391806.4" N.,
                                                                                      longitude 0762310.9" W.,
                                                                                      including all western
                                                                                      tributaries that join
                                                                                      Middle River, including
                                                                                      Dark Head Creek, Hopkins
                                                                                      Creek, Norman Creek,
                                                                                      Hogpen Creek and Sue
                                                                                      Creek, located in
                                                                                      Baltimore County, at
                                                                                      Essex, MD.
4. May--1st Sunday                   Nanticoke River Swim    Nanticoke River Swim    All waters of the Nanticoke
                                      and Triathlon.          and Triathlon, Inc.     River, including Bivalve
                                                                                      Channel and Bivalve
                                                                                      Harbor, bounded by a line
                                                                                      drawn from a point on the
                                                                                      shoreline at latitude
                                                                                      381838.8" N., longitude
                                                                                      0755331.8" W., thence
                                                                                      westerly to latitude
                                                                                      381839.8" N., longitude
                                                                                      0755500" W., thence
                                                                                      northeasterly to latitude
                                                                                      381957.7" N., longitude
                                                                                      0755347.7" W., thence
                                                                                      easterly to latitude
                                                                                      381942.3" N., longitude
                                                                                      0755259.4" W.
5. May--the Saturday before          Chestertown Tea Party   Chestertown Tea Party   All waters of the Chester
 Memorial Day                         Re-enactment.           Festival.               River, within a line
                                                                                      connecting the following
                                                                                      positions: Commencing at
                                                                                      latitude 391227" N.,
                                                                                      longitude 0760346" W.,
                                                                                      thence south to latitude
                                                                                      391219" N., longitude
                                                                                      0760353" W., thence east
                                                                                      to latitude 391216" N.,
                                                                                      longitude 0760348" W.,
                                                                                      thence north to latitude
                                                                                      391225" N., longitude
                                                                                      0760341" W., thence west
                                                                                      to point of origin
                                                                                      latitude 391227" N.,
                                                                                      longitude 0760346" W.,
                                                                                      located at Chestertown,
                                                                                      MD.

[[Page 277]]

 
6. May--3rd Friday, Saturday and     Washington, DC Dragon   Taiwan--U.S. Cultural   The waters of the Upper
 Sunday. June--2nd or 3rd Friday,     Boat Festival.          Association.            Potomac River, Washington,
 Saturday and Sunday                                                                  DC, from shoreline to
                                                                                      shoreline, bounded
                                                                                      upstream by the Francis
                                                                                      Scott Key Bridge and
                                                                                      downstream by the
                                                                                      Roosevelt Memorial Bridge,
                                                                                      located at Georgetown,
                                                                                      Washington, DC.
7. May--Tuesday and Wednesday        USNA Blue Angels Air    U.S. Naval Academy....  All waters of the Severn
 before Memorial Day (observed)       Show.                                           River from shoreline to
                                                                                      shoreline, bounded to the
                                                                                      northwest by a line drawn
                                                                                      along the U.S. 50 fixed
                                                                                      highway bridge. The
                                                                                      regulated area is bounded
                                                                                      to the southeast by a line
                                                                                      drawn from U.S. Naval
                                                                                      Academy Light at latitude
                                                                                      385839.5" N., longitude
                                                                                      0762849" W., thence
                                                                                      southeast to a point 1500
                                                                                      yards ESE of Chinks Point,
                                                                                      MD at latitude 385741" N.,
                                                                                      longitude 0762736" W.,
                                                                                      thence northeast to
                                                                                      Greenbury Point at
                                                                                      latitude 385827.7" N.,
                                                                                      longitude 0762716.4" W.
                                                                                     Spectator area: All waters
                                                                                      of the Severn River
                                                                                      bounded by a line
                                                                                      commencing at latitude
                                                                                      385838.2" N., longitude
                                                                                      0762756.9" W., thence
                                                                                      southeast to latitude
                                                                                      385824.9" N., longitude
                                                                                      0762747.6" W., thence west
                                                                                      to latitude 385822.3" N.,
                                                                                      longitude 0762754.5" W.,
                                                                                      thence northwest to
                                                                                      latitude 385828.3" N.,
                                                                                      longitude 0762811" W.,
                                                                                      thence east to point of
                                                                                      origin. This area is
                                                                                      located generally in the
                                                                                      center portion of Middle
                                                                                      Ground Anchorage, Severn
                                                                                      River, MD. This spectator
                                                                                      area is restricted to
                                                                                      certain vessels as
                                                                                      described in Sec.
                                                                                      100.501 paragraph (g)(1).
8. June--2nd Sunday                  The Great Chesapeake    The Great Chesapeake    The waters of the
                                      Bay Swim.               Bay Swim, Inc.          Chesapeake Bay between and
                                                                                      adjacent to the spans of
                                                                                      the William P. Lane Jr.
                                                                                      Memorial Bridges from
                                                                                      shoreline to shoreline,
                                                                                      bounded to the north by a
                                                                                      line drawn parallel and
                                                                                      500 yards north of the
                                                                                      north bridge span that
                                                                                      originates from the
                                                                                      western shoreline at
                                                                                      latitude 390036.6" N.,
                                                                                      longitude 0762355" W.,
                                                                                      thence eastward to the
                                                                                      eastern shoreline at
                                                                                      latitude 385914.2" N.,
                                                                                      longitude 0761957.3" W.;
                                                                                      and bounded to the south
                                                                                      by a line drawn parallel
                                                                                      and 500 yards south of the
                                                                                      south bridge span that
                                                                                      originates from the
                                                                                      western shoreline at
                                                                                      latitude 390018.4" N.,
                                                                                      longitude 0762428.2" W.,
                                                                                      thence eastward to the
                                                                                      eastern shoreline at
                                                                                      latitude 385839.2" N.,
                                                                                      longitude 076208.8" W.
9. April--last Saturday or Sunday    Bay Bridge Paddle.....  ABC Events, Inc.......  The waters of the
                                                                                      Chesapeake Bay between and
                                                                                      adjacent to the spans of
                                                                                      the William P. Lane Jr.
                                                                                      Memorial Bridges from
                                                                                      shoreline to shoreline,
                                                                                      bounded to the north by a
                                                                                      line drawn parallel and
                                                                                      500 yards north of the
                                                                                      north bridge span that
                                                                                      originates from the
                                                                                      western shoreline at
                                                                                      latitude 390036" N.,
                                                                                      longitude 0762305" W.,
                                                                                      thence eastward to eastern
                                                                                      shoreline at latitude
                                                                                      385914" N., longitude
                                                                                      0762000" W.; and bounded
                                                                                      to the south by a line
                                                                                      drawn parallel and 500
                                                                                      yards south of the south
                                                                                      bridge span that
                                                                                      originates from the
                                                                                      western shoreline at
                                                                                      latitude 390016" N.,
                                                                                      longitude 0762430" W.,
                                                                                      thence eastward to eastern
                                                                                      shoreline at latitude
                                                                                      385838" N., longitude
                                                                                      0762006" W., located
                                                                                      between Sandy Point and
                                                                                      Kent Island, MD.
10. June--last Saturday and Sunday   Bo Bowman Memorial--    Carolina Virginia       Regulated enforcement area--
 or July--2nd Saturday and Sunday     Sharptown Regatta.      Racing Assn.            All waters of the
                                                                                      Nanticoke River
                                                                                      encompassed within the
                                                                                      following areas:
                                                                                     Race area: All waters of
                                                                                      the Nanticoke River
                                                                                      commencing at a point at
                                                                                      latitude 383302" N.,
                                                                                      longitude 0754244" W.,
                                                                                      thence northwest to
                                                                                      latitude 383303" N.,
                                                                                      longitude 0754245" W.,
                                                                                      thence southwest to
                                                                                      latitude 383246" N.,
                                                                                      longitude 0754308" W.,
                                                                                      thence southeast to
                                                                                      latitude 383245" N.,
                                                                                      longitude 0754307" W.,
                                                                                      thence northeast to the
                                                                                      point of origin.
                                                                                     Race boat/participant
                                                                                      access area: Located
                                                                                      southwest and down river
                                                                                      from the race area. From
                                                                                      shoreline to shoreline and
                                                                                      bound by a line commencing
                                                                                      at latitude 383237" N.,
                                                                                      longitude 0754314" W.,
                                                                                      thence northwest across
                                                                                      the river to latitude
                                                                                      383241.5" N., longitude
                                                                                      0754319.3" W., thence
                                                                                      northeast to latitude
                                                                                      383246" N., longitude
                                                                                      0754314" W., thence
                                                                                      southeast along the Route
                                                                                      313 bridge to latitude
                                                                                      383241.7" N., longitude
                                                                                      0754308.2" W., thence
                                                                                      southwest to point of
                                                                                      origin.

[[Page 278]]

 
                                                                                     Buffer area: All waters of
                                                                                      the Nanticoke River
                                                                                      bounded by a line
                                                                                      connecting the following
                                                                                      points: Commencing at
                                                                                      latitude 383302" N.,
                                                                                      longitude 0754239" W.,
                                                                                      thence southwest to
                                                                                      latitude 383242" N.,
                                                                                      longitude 0754307" W.,
                                                                                      thence northwest to
                                                                                      latitude 383247" N.,
                                                                                      longitude 0754313" W.,
                                                                                      thence northeast to
                                                                                      latitude 383307.5" N.,
                                                                                      longitude 754246" W.,
                                                                                      thence southwest to the
                                                                                      point of origin.
                                                                                     Spectator area: All waters
                                                                                      of the Nanticoke River
                                                                                      bounded by the following
                                                                                      points: Located northeast
                                                                                      and up-river from the race
                                                                                      area. From shoreline to
                                                                                      shoreline and bound by a
                                                                                      line commencing at
                                                                                      latitude 383308.5" N.,
                                                                                      longitude 0754233.6" W.,
                                                                                      thence southeasterly along
                                                                                      the shoreline to latitude
                                                                                      383302" N., longitude
                                                                                      0754239" W., thence across
                                                                                      the river northwest to
                                                                                      latitude 383307.4" N.,
                                                                                      longitude 0754246" W.,
                                                                                      thence the northeast along
                                                                                      the shoreline to latitude
                                                                                      383313" N., longitude
                                                                                      0754241.5" W., thence
                                                                                      southeast across the river
                                                                                      to point of origin.
11. May/June--Saturday and Sunday    Rock Hall and           Kinetic Endeavors, LLC  The waters of Rock Hall
 after Memorial Day (observed); and   Waterman's Triathlon                            Harbor from shoreline to
 October--1st Saturday and Sunday     Swims.                                          shoreline, bounded by a
                                                                                      line drawn from latitude
                                                                                      390758.9" N., longitude
                                                                                      0761502" W., thence
                                                                                      southeast and parallel
                                                                                      along the harbor breakwall
                                                                                      to latitude 390750.1" N.,
                                                                                      longitude 0761441.7" W.,
                                                                                      located at Rock Hall, MD.
12. September--2nd Saturday or the   Catholic Charities      Associated Catholic     The waters of the Patapsco
 Saturday after Labor Day.            Dragon Boat Races.      Charities, Inc.         River, within the Inner
 (biennial, even years)                                                               Harbor, from shoreline to
                                                                                      shoreline, bounded on the
                                                                                      east by a line drawn along
                                                                                      longitude 0763630" W.,
                                                                                      located at Baltimore, MD.
13. June--3rd, 4th or last Saturday  Baltimore Dragon Boat   Baltimore Dragon Boat   The waters of Patapsco
 or Sunday                            Challenge.              Club.                   River, Northwest Harbor,
                                                                                      in Baltimore, MD, from
                                                                                      shoreline to shoreline,
                                                                                      within an area bounded on
                                                                                      the east by a line drawn
                                                                                      along longitude 0763500"
                                                                                      W. and bounded on the west
                                                                                      by a line drawn along
                                                                                      longitude 0763642" W.
14. May--2nd, 3rd 4th or last        Oxford-Bellevue         Enviro-Sports           The waters of the Tred Avon
 Saturday or Sunday. June--1st, 2nd   Sharkfest Swim.         Productions Inc.        River from shoreline to
 or 3rd Saturday or Sunday                                                            shoreline, within an area
                                                                                      bounded on the east by a
                                                                                      line drawn from latitude
                                                                                      384225" N., longitude
                                                                                      07610 45" W., thence south
                                                                                      to latitude 384137" N.,
                                                                                      longitude 0761026" W., and
                                                                                      bounded on the west by a
                                                                                      line drawn from latitude
                                                                                      384158" N., longitude
                                                                                      0761104" W., thence south
                                                                                      to latitude 384125" N.,
                                                                                      longitude 0761049" W.,
                                                                                      thence east to latitude
                                                                                      384125" N., longitude
                                                                                      0761030" W., located at
                                                                                      Oxford, MD.
15. June--1st Sunday                 Washington's Crossing:  Wave One Swimming.....  The waters of the Potomac
                                      Swim Across the                                 River, from shoreline to
                                      Potomac.                                        shoreline, bounded to the
                                                                                      north by a line drawn that
                                                                                      originates at Jones Point
                                                                                      Park, VA at the west
                                                                                      shoreline latitude 384735"
                                                                                      N., longitude 0770222" W.,
                                                                                      thence east to latitude
                                                                                      384712" N., longitude
                                                                                      0770058" W., at east
                                                                                      shoreline near National
                                                                                      Harbor, MD. The regulated
                                                                                      area is bounded to the
                                                                                      south by a line drawn
                                                                                      originating at George
                                                                                      Washington Memorial
                                                                                      Parkway highway overpass
                                                                                      and Cameron Run, west
                                                                                      shoreline latitude 384723"
                                                                                      N., longitude 0770303" W.,
                                                                                      thence east to latitude
                                                                                      384652" N., longitude
                                                                                      0770113" W., at east
                                                                                      shoreline near National
                                                                                      Harbor, MD.
16. October--last Saturday; or       The MRE Tug of War....  Maritime Republic of    The waters of Spa Creek
 November--1st or 2nd Saturday                                Eastport.               from shoreline to
                                                                                      shoreline, extending 400
                                                                                      feet from either side of a
                                                                                      rope spanning Spa Creek
                                                                                      from a position at
                                                                                      latitude 385836" N.,
                                                                                      longitude 0762904.7" W. at
                                                                                      Annapolis City Dock,
                                                                                      thence to a position at
                                                                                      latitude 385825" N.,
                                                                                      longitude 0762852.4" W.,
                                                                                      at Eastport, MD shoreline,
                                                                                      near the foot of 2nd
                                                                                      Street.
17. December--2nd Saturday or        Eastport Yacht Club     Eastport Yacht Club...  All waters of Spa Creek and
 Sunday                               Lights Parade.                                  the Severn River,
                                                                                      shoreline to shoreline,
                                                                                      bounded on the east by a
                                                                                      line drawn from Triton
                                                                                      Light, at latitude
                                                                                      385853.1" N., longitude
                                                                                      0762834.3" W., thence
                                                                                      southwest to Horn Point,
                                                                                      at 385820.9" N., longitude
                                                                                      0762827.1" W., and bounded
                                                                                      on the west by a line
                                                                                      drawn along 0763000" W.,
                                                                                      that crosses the western
                                                                                      end of Spa Creek, at
                                                                                      Annapolis, MD.

[[Page 279]]

 
18. Memorial Day weekend--Thursday,  NAS Patuxent River Air  NAS Patuxent River....  All waters of lower
 Friday, Saturday and Sunday; or      Expo.                                           Patuxent River, near
 Labor Day weekend--Thursday,                                                         Solomons, Maryland,
 Friday, Saturday and Sunday; or                                                      located between Fishing
 October--last Thursday, Friday,                                                      Point and base of break
 Saturday and Sunday                                                                  wall marking the entrance
                                                                                      to East Seaplane Basin at
                                                                                      Naval Air Station Patuxent
                                                                                      River (adjacent to
                                                                                      approach for runway 14),
                                                                                      within an area bounded by
                                                                                      a line commencing near the
                                                                                      shoreline at latitude
                                                                                      381739" N., longitude
                                                                                      0762547" W., thence
                                                                                      northwest to latitude
                                                                                      381747" N., longitude
                                                                                      0762600" W., thence
                                                                                      northeast to latitude
                                                                                      381809" N., longitude
                                                                                      0762540" W., thence
                                                                                      southeast to latitude
                                                                                      381800" N., longitude
                                                                                      0762525" W., located near
                                                                                      the shoreline at U.S.
                                                                                      Naval Air Station Patuxent
                                                                                      River, Maryland. All
                                                                                      waters of Chesapeake Bay,
                                                                                      located approximately 500
                                                                                      yards north of break wall
                                                                                      marking entrance to
                                                                                      Chesapeake Bay Basin,
                                                                                      Naval Air Station Patuxent
                                                                                      River (adjacent to
                                                                                      approach for runway 32),
                                                                                      within an area bounded by
                                                                                      a line commencing near the
                                                                                      shoreline at latitude
                                                                                      381653.9" N., longitude
                                                                                      0762329.2" W., thence
                                                                                      southeast to latitude
                                                                                      381640" N., longitude
                                                                                      0762305" W., thence
                                                                                      southwest to latitude
                                                                                      381619" N., longitude
                                                                                      0762325" W., thence
                                                                                      northwest to latitude
                                                                                      381630.4" N., longitude
                                                                                      0762344.9" W., located
                                                                                      near the shoreline at U.S.
                                                                                      Naval Air Station Patuxent
                                                                                      River, Maryland.
19. May--1st or 2nd Saturday and     Ocean City Grand Prix.  Offshore Powerboat      Regulated enforcement area:
 Sunday; September--2nd or 3rd,                               Association.            All waters of North
 Saturday and Sunday                                                                  Atlantic Ocean bounded
                                                                                      within the following
                                                                                      designated areas near
                                                                                      Ocean City, MD.
                                                                                     Race area: All waters of
                                                                                      North Atlantic Ocean
                                                                                      commencing at latitude
                                                                                      382006.33" N., longitude
                                                                                      0750439.09" W., thence
                                                                                      east to latitude
                                                                                      382003.75" N., longitude
                                                                                      0750427.46" W., thence
                                                                                      north and parallel to
                                                                                      Ocean City, MD shoreline
                                                                                      to latitude 382132" N.,
                                                                                      longitude 0750346.57" W.,
                                                                                      thence west to shoreline
                                                                                      at latitude 382134.58" N.,
                                                                                      longitude 0750400.95" W.,
                                                                                      thence south to the point
                                                                                      of origin.
                                                                                     Buffer area: 500 yards in
                                                                                      all directions surrounding
                                                                                      the ``Race area``. All
                                                                                      waters of North Atlantic
                                                                                      Ocean commencing at a
                                                                                      point near the shoreline
                                                                                      at latitude 382152" N.,
                                                                                      longitude 0750409" W.,
                                                                                      thence east to latitude
                                                                                      382144" N., longitude
                                                                                      0750321" W., thence
                                                                                      southwest and parallel to
                                                                                      Ocean City, MD shoreline
                                                                                      latitude 381947" N.,
                                                                                      longitude 0750415" W.,
                                                                                      thence west to the
                                                                                      shoreline at latitude
                                                                                      381955" N., longitude
                                                                                      0750457" W.
                                                                                     Spectator area: Vessel
                                                                                      operation restricted to
                                                                                      operate at No Wake Speed.
                                                                                      All waters of North
                                                                                      Atlantic Ocean commencing
                                                                                      at latitude 382001" N.,
                                                                                      longitude 0750408.4" W.,
                                                                                      thence east to latitude
                                                                                      381958" N., longitude
                                                                                      0750357" W., thence north
                                                                                      and parallel to Ocean City
                                                                                      shoreline to latitude
                                                                                      382126" N., longitude
                                                                                      0750316" W., thence west
                                                                                      to shoreline at latitude
                                                                                      382129" N., longitude
                                                                                      0750327.8" W., thence
                                                                                      south to the point of
                                                                                      origin.
20. June--1st, 2nd or 3rd Thursday,  Ocean City Air Show...  Town of Ocean City,     All waters of the North
 Friday, Saturday and Sunday                                  Maryland.               Atlanta Ocean within an
                                                                                      area bounded by the
                                                                                      following coordinates:
                                                                                      Commencing at a point near
                                                                                      the shoreline in vicinity
                                                                                      of 33rd Street, Ocean
                                                                                      City, MD, latitude
                                                                                      382148.8" N., longitude
                                                                                      0750410" W., thence
                                                                                      eastward to latitude
                                                                                      382132" N., longitude
                                                                                      0750312" W., thence south
                                                                                      to latitude 381922.7" N.,
                                                                                      longitude 0750409.5" W.,
                                                                                      thence west to latitude
                                                                                      381938.5" N., longitude
                                                                                      0750505.4" W., thence
                                                                                      north along the shoreline
                                                                                      to point of origin,
                                                                                      located adjacent to Ocean
                                                                                      City, MD.
21. May--2nd Saturday and Sunday;    Cambridge Classic       Cambridge Power Boat    Regulated enforcement area:
 Memorial Day weekend (Saturday and   Powerboat Race.         Regatta Association.    All waters within
 Sunday). July--last Saturday and                                                     Hambrooks Bay and Choptank
 Sunday                                                                               River west and south of a
                                                                                      line commencing at Great
                                                                                      Marsh Point, latitude
                                                                                      383506" N., longitude
                                                                                      0760440.5" W., thence
                                                                                      northeast to latitude
                                                                                      383522.7" N., longitude
                                                                                      0760423.7" W., thence
                                                                                      northwest to latitude
                                                                                      383542.2" N., longitude
                                                                                      0760451.1" W. at Hambrooks
                                                                                      Bar Light LLNR 24995,
                                                                                      thence southwest to
                                                                                      latitude 383534.2" N.,
                                                                                      longitude 0760512.3" W.,
                                                                                      terminating at the
                                                                                      Hambrooks Bay breakwall as
                                                                                      it intersects the
                                                                                      shoreline.

[[Page 280]]

 
                                                                                     Race area: Located within
                                                                                      the waters of Hambrooks
                                                                                      Bay and Choptank River, in
                                                                                      an area bound to the north
                                                                                      by the Hambrooks Bay
                                                                                      breakwall and bounded to
                                                                                      the east by a line drawn
                                                                                      along longitude 0760442"
                                                                                      W. The actual placement of
                                                                                      the Race Area will be
                                                                                      determined by the marine
                                                                                      event sponsor within the
                                                                                      designated boundaries
                                                                                      described in this section.
                                                                                     Buffer area: All waters
                                                                                      within Hambrooks Bay and
                                                                                      Choptank River (with the
                                                                                      exception of the Race Area
                                                                                      designated by the marine
                                                                                      event sponsor) bound to
                                                                                      the north by the breakwall
                                                                                      and continuing along a
                                                                                      line drawn from the east
                                                                                      end of breakwall located
                                                                                      at latitude 383527.6" N.,
                                                                                      longitude 0760450.1" W.,
                                                                                      thence east to latitude
                                                                                      383522.7" N., longitude
                                                                                      0760423.7" W., thence
                                                                                      southwest to Great Marsh
                                                                                      Point located at latitude
                                                                                      383506" N., longitude
                                                                                      0760440.6" W.
                                                                                     Spectator area: All waters
                                                                                      of the Choptank River,
                                                                                      eastward and outside of
                                                                                      Hambrooks Bay breakwall,
                                                                                      thence bound by line that
                                                                                      commences at latitude
                                                                                      383525" N., longitude
                                                                                      0760451" W., thence east
                                                                                      to latitude 383522" N.,
                                                                                      longitude 0760436" W.,
                                                                                      thence southeast to
                                                                                      latitude 383519" N.
                                                                                      longitude 0760433" W.,
                                                                                      thence northeast to
                                                                                      latitude 383522.7" N.
                                                                                      longitude 0760423.7" W.
22. July--4th or last Saturday and   Southern Maryland Boat  Southern Maryland Boat  All waters of Breton Bay,
 Sunday                               Club Summer Regatta.    Club.                   immediately adjacent to
                                                                                      Leonardtown, MD shoreline,
                                                                                      from shoreline to
                                                                                      shoreline, within an area
                                                                                      bounded to the east by a
                                                                                      line drawn along latitude
                                                                                      381643" N., and bounded to
                                                                                      the west by a line drawn
                                                                                      along longitude 0763829.5"
                                                                                      W., located at
                                                                                      Leonardtown, MD.
                                                                                     Race area: The race area is
                                                                                      rectangular in shape
                                                                                      measuring approximately
                                                                                      200 yards by 870 yards.
                                                                                      The area is bounded by a
                                                                                      line commencing at
                                                                                      position latitude
                                                                                      381707.2" N., longitude
                                                                                      0763817.3" W., thence
                                                                                      southeast to latitude
                                                                                      381655.3" N., longitude
                                                                                      0763748" W., thence
                                                                                      southwest to latitude
                                                                                      381650.1" N., longitude
                                                                                      0763751.3" W., thence
                                                                                      northwest to latitude
                                                                                      381701.9" N., longitude
                                                                                      0763821" W., thence
                                                                                      northeast to point of
                                                                                      origin.
                                                                                     Buffer area: The area
                                                                                      surrounds the entire race
                                                                                      area described in the
                                                                                      preceding paragraph of
                                                                                      this section. This area is
                                                                                      rectangular in shape and
                                                                                      provides a buffer of
                                                                                      approximately 125 yards
                                                                                      around the perimeter of
                                                                                      the race area. The area is
                                                                                      bounded by a line
                                                                                      commencing at position
                                                                                      latitude 381712" N.,
                                                                                      longitude 0763819.6" W.,
                                                                                      thence southeast to
                                                                                      latitude 381657" N.,
                                                                                      longitude 0763740.5" W.,
                                                                                      thence southwest to
                                                                                      latitude 381644.8" N.,
                                                                                      longitude 0763748.2" W.,
                                                                                      thence northwest to
                                                                                      latitude 381700.2" N.,
                                                                                      longitude 0763827.8" W.,
                                                                                      thence northeast to point
                                                                                      of origin.
                                                                                     Spectator area: A. The area
                                                                                      is bounded by a line
                                                                                      commencing at position
                                                                                      latitude 381652.1" N.,
                                                                                      longitude 0763814.2" W.,
                                                                                      thence northeast to
                                                                                      latitude 381654" N.,
                                                                                      longitude 0763812.5" W.,
                                                                                      thence southeast to
                                                                                      latitude 381648.6" N.,
                                                                                      longitude 0763759.3" W.,
                                                                                      thence southwest to
                                                                                      latitude 381647.4" N.,
                                                                                      longitude 0763759.3" W.,
                                                                                      thence northwest along the
                                                                                      shoreline to point of
                                                                                      origin.
                                                                                     B. The area is bounded by a
                                                                                      line commencing at
                                                                                      position latitude
                                                                                      381659.1" N., longitude
                                                                                      0763745.6" W., thence
                                                                                      southeast to latitude
                                                                                      381657.1" N., longitude
                                                                                      0763740.2" W., thence
                                                                                      southwest to latitude
                                                                                      381654.3" N., longitude
                                                                                      0763741.9" W., thence
                                                                                      southeast to latitude
                                                                                      381651.8" N., longitude
                                                                                      0763736.4" W., thence
                                                                                      northeast to latitude
                                                                                      381655.2" N., longitude
                                                                                      0763734.2" W., thence
                                                                                      northwest to latitude
                                                                                      381659.2" N., longitude
                                                                                      0763737.2" W., thence west
                                                                                      to latitude 381701.7" N.,
                                                                                      longitude 0763743.7" W.,
                                                                                      thence south to point of
                                                                                      origin.
                                                                                     C. The area is bounded by a
                                                                                      line commencing at
                                                                                      position latitude
                                                                                      381647.2" N., longitude
                                                                                      0763754.8" W., thence
                                                                                      south to latitude
                                                                                      381643.3" N., longitude
                                                                                      0763755.2" W., thence east
                                                                                      to latitude 381643.2" N.,
                                                                                      longitude 0763747.8" W.,
                                                                                      thence north to latitude
                                                                                      381644.7" N., longitude
                                                                                      0763748.5" W., thence
                                                                                      northwest to point of
                                                                                      origin.

[[Page 281]]

 
23. October--Thursday, Friday,       Baltimore Air Show....  Historic Ships in       Regulated area: All waters
 Saturday and Sunday after Columbus                           Baltimore, Inc.         of the Patapsco River,
 Day (observed). (biennial, even                                                      within an area bounded by
 years)                                                                               a line connecting position
                                                                                      latitude 391600" N.,
                                                                                      longitude 0763630" W.,
                                                                                      thence east to latitude
                                                                                      391600" N., longitude
                                                                                      0763300" W., thence south
                                                                                      to latitude 391430" N.,
                                                                                      longitude 0763300" W.,
                                                                                      thence west to latitude
                                                                                      391430" N., longitude
                                                                                      0763630" W., thence north
                                                                                      to point of origin,
                                                                                      located between Port
                                                                                      Covington and Seagirt
                                                                                      Marine Terminal,
                                                                                      Baltimore, MD.
                                                                                     Spectator Area: All waters
                                                                                      of Patapsco River located
                                                                                      between the northern
                                                                                      boundary defined by a line
                                                                                      drawn from the vicinity of
                                                                                      North Locust Point Marine
                                                                                      Terminal, Pier 1 thence
                                                                                      east to Canton Industrial
                                                                                      area, Pier 5; the south
                                                                                      boundary is defined by a
                                                                                      line drawn from vicinity
                                                                                      of Whetstone Point thence
                                                                                      east to Lazaretto Point.
                                                                                      This area is located
                                                                                      generally where Northwest
                                                                                      Harbor, East Channel joins
                                                                                      Patapsco River, Fort
                                                                                      McHenry Channel, near Fort
                                                                                      McHenry National Monument,
                                                                                      Baltimore, MD. This area
                                                                                      is bound by a line to the
                                                                                      north commencing at
                                                                                      position latitude 391601"
                                                                                      N., longitude 0763446" W.,
                                                                                      thence east to latitude
                                                                                      391601" N., longitude
                                                                                      0763409" W., and bound by
                                                                                      a line to the south
                                                                                      commencing at position
                                                                                      latitude 391539" N.,
                                                                                      longitude 0763523" W.,
                                                                                      thence east to latitude
                                                                                      391526" N., longitude
                                                                                      0763403" W. This spectator
                                                                                      area is restricted to
                                                                                      certain vessels as
                                                                                      described in Sec.
                                                                                      100.501 paragraph (g)(2).
----------------------------------------------------------------------------------------------------------------
                                (c.) Coast Guard Sector Hampton Roads--COTP Zone
----------------------------------------------------------------------------------------------------------------
1. May--last Friday, Saturday and    Blackbeard Festival,    City of Hampton.......  The waters of Sunset Creek
 Sunday and/or June--1st Friday,      Battle of Hampton.                              and Hampton River
 Saturday and Sunday.                                                                 shoreline to shoreline
October--3rd and 4th weekend.                                                         bounded to the north by
                                                                                      the I-64 Bridge over the
                                                                                      Hampton River and bounded
                                                                                      to the south by a line
                                                                                      drawn from Hampton River
                                                                                      Channel Light 16 (LL
                                                                                      10945), located at
                                                                                      latitude 3701"03" N.,
                                                                                      longitude 0762024" W.,
                                                                                      thence west across the
                                                                                      Hampton River to finger
                                                                                      pier at Bluewater Yacht
                                                                                      Center, located at
                                                                                      latitude 370103" N.,
                                                                                      longitude 0762028" W.
                                                                                     Spectator Vessel Anchorage
                                                                                      Areas--Area A: Located in
                                                                                      the upper reaches of the
                                                                                      Hampton River, bounded to
                                                                                      the south by a line drawn
                                                                                      from the western shoreline
                                                                                      at latitude 370146.6" N.,
                                                                                      longitude 0762021.3" W.,
                                                                                      thence east across the
                                                                                      river to latitude
                                                                                      370142.6" N., longitude
                                                                                      0762012.3" W., and bounded
                                                                                      to the north by the I-64
                                                                                      Bridge over the Hampton
                                                                                      River. The anchorage area
                                                                                      will be marked by orange
                                                                                      buoys.
                                                                                     Area B: Located along the
                                                                                      eastern side of the
                                                                                      Hampton River channel,
                                                                                      south of the route 60/143
                                                                                      bridge and Joy's Marina,
                                                                                      and adjacent to the
                                                                                      shoreline that fronts the
                                                                                      Riverside Health Center.
                                                                                      Bounded by the shoreline
                                                                                      and a line drawn between
                                                                                      the following points:
                                                                                      latitude 370127.6" N.,
                                                                                      longitude 0762023.1" W.,
                                                                                      thence south to latitude
                                                                                      370122.9" N., longitude
                                                                                      0762026.1" W. The
                                                                                      anchorage area will be
                                                                                      marked by orange buoys.

[[Page 282]]

 
2. June--1st Friday, Saturday and    Norfolk Harborfest....  Norfolk Festevents,     The waters of the Elizabeth
 Sunday or 2nd Friday, Saturday and                           Ltd.                    River and its branches
 Sunday                                                                               from shoreline to
                                                                                      shoreline, bounded to the
                                                                                      northwest by a line drawn
                                                                                      across the Port Norfolk
                                                                                      Reach section of the
                                                                                      Elizabeth River between
                                                                                      the north corner of the
                                                                                      landing at Hospital Point,
                                                                                      Portsmouth, Virginia,
                                                                                      latitude 365051.6" N.,
                                                                                      longitude 0761807.9" W.,
                                                                                      and the north corner of
                                                                                      the City of Norfolk
                                                                                      Mooring Pier at the foot
                                                                                      of Brooks Avenue located
                                                                                      at latitude 365100.3" N.,
                                                                                      longitude 0761751" W.;
                                                                                      bounded on the southwest
                                                                                      by a line drawn from the
                                                                                      southern corner of the
                                                                                      landing at Hospital Point,
                                                                                      Portsmouth, Virginia, at
                                                                                      latitude 365050.9" N.,
                                                                                      longitude 0761807.7" W.,
                                                                                      to the northern end of the
                                                                                      eastern most pier at the
                                                                                      Tidewater Yacht Agency
                                                                                      Marina, located at
                                                                                      latitude 365033.6" N.,
                                                                                      longitude 0761754.1" W.;
                                                                                      bounded to the south by a
                                                                                      line drawn across the
                                                                                      Lower Reach of the
                                                                                      Southern Branch of the
                                                                                      Elizabeth River, between
                                                                                      the Portsmouth Lightship
                                                                                      Museum located at the foot
                                                                                      of London Boulevard, in
                                                                                      Portsmouth, Virginia at
                                                                                      latitude 365013.2" N.,
                                                                                      longitude 0761744.8" W.,
                                                                                      and the northwest corner
                                                                                      of the Norfolk
                                                                                      Shipbuilding & Drydock,
                                                                                      Berkley Plant, Pier No. 1,
                                                                                      located at latitude
                                                                                      365008.8" N., longitude
                                                                                      0761737.5" W.; and to the
                                                                                      southeast by the Berkley
                                                                                      Bridge which crosses the
                                                                                      Eastern Branch of the
                                                                                      Elizabeth River between
                                                                                      Berkley at latitude
                                                                                      365021.5" N., longitude
                                                                                      0761714.5" W., and Norfolk
                                                                                      at latitude 365035" N.,
                                                                                      longitude 0761710" W.
3. June--2nd or 3rd Saturday         Cock Island Race......  Portsmouth Boat Club &  The waters of the Elizabeth
                                                              City of Portsmouth,     River and its branches
                                                              VA.                     from shoreline to
                                                                                      shoreline, bounded to the
                                                                                      northwest by a line drawn
                                                                                      across the Port Norfolk
                                                                                      Reach section of the
                                                                                      Elizabeth River between
                                                                                      the northern corner of the
                                                                                      landing at Hospital Point,
                                                                                      Portsmouth, Virginia,
                                                                                      latitude 365051.6" N.,
                                                                                      longitude 0761807.9" W.
                                                                                      and the north corner of
                                                                                      the City of Norfolk
                                                                                      Mooring Pier at the foot
                                                                                      of Brooks Avenue located
                                                                                      at latitude 365100.3" N.,
                                                                                      longitude 0761751" W.;
                                                                                      bounded on the southwest
                                                                                      by a line drawn from the
                                                                                      southern corner of the
                                                                                      landing at Hospital Point,
                                                                                      Portsmouth, Virginia, at
                                                                                      latitude 365050.9" N.,
                                                                                      longitude 0761807.7" W.,
                                                                                      to the northern end of the
                                                                                      eastern most pier at the
                                                                                      Tidewater Yacht Agency
                                                                                      Marina, located at
                                                                                      latitude 365033.6" N.,
                                                                                      longitude 0761754.1" W.;
                                                                                      bounded to the south by a
                                                                                      line drawn across the
                                                                                      Lower Reach of the
                                                                                      Southern Branch of the
                                                                                      Elizabeth River, between
                                                                                      the Portsmouth Lightship
                                                                                      Museum located at the foot
                                                                                      of London Boulevard, in
                                                                                      Portsmouth, Virginia at
                                                                                      latitude 365013.2" N.,
                                                                                      longitude 0761744.8" W.,
                                                                                      and the northwest corner
                                                                                      of the Norfolk
                                                                                      Shipbuilding & Drydock,
                                                                                      Berkley Plant, Pier No. 1,
                                                                                      located at latitude
                                                                                      365008.8" N., longitude
                                                                                      0761737.5" W.; and bounded
                                                                                      to the southeast by the
                                                                                      Berkley Bridge which
                                                                                      crosses the Eastern Branch
                                                                                      of the Elizabeth River
                                                                                      between Berkley at
                                                                                      latitude 365021.5" N.,
                                                                                      longitude 0761714.5" W.,
                                                                                      and Norfolk at latitude
                                                                                      365035" N., longitude
                                                                                      0761710" W.
4. June--last Saturday or July--1st  RRBA Spring Radar       Rappahannock River      All waters of Rappahannock
 Saturday                             Shootout.               Boaters Association     River, adjacent to Layton,
                                                              (RRBA).                 VA, from shoreline to
                                                                                      shoreline, bounded on the
                                                                                      west by a line running
                                                                                      along longitude 0765830"
                                                                                      W., and bounded on the
                                                                                      east by a line running
                                                                                      along longitude 0765600"W.
                                                                                     Buffer area: The waters of
                                                                                      Rappahannock River
                                                                                      extending 200 yards
                                                                                      outwards from east and
                                                                                      west boundary lines
                                                                                      described in this section.
                                                                                     Spectator area: The
                                                                                      regulated area cannot
                                                                                      accommodate spectator
                                                                                      vessels due to limitations
                                                                                      posed by shallow water and
                                                                                      insufficient waters to
                                                                                      provide adequate
                                                                                      separation between race
                                                                                      course and other vessels.
                                                                                      Spectators are encouraged
                                                                                      to view the race from
                                                                                      points along the adjacent
                                                                                      shoreline.
5. July--last Wednesday and          Pony Penning Swim.....  Chincoteague Volunteer  The waters of Assateague
 following Friday; or August--1st                             Fire Department.        Channel from shoreline to
 Wednesday and following Friday                                                       shoreline, bounded to the
                                                                                      east by a line drawn from
                                                                                      latitude 375501" N.,
                                                                                      longitude 0752240" W.,
                                                                                      thence south to latitude
                                                                                      375450" N., longitude
                                                                                      0752246" W.; and to the
                                                                                      southwest by a line drawn
                                                                                      from latitude 375454" N.,
                                                                                      longitude 0752300" W.,
                                                                                      thence east to latitude
                                                                                      375449" N., longitude
                                                                                      0752249" W.

[[Page 283]]

 
6. August 1st or 2nd Friday,         Hampton Cup Regatta...  Hampton Cup Regatta     Regulated enforcement area--
 Saturday and Sunday. September 4th                           Boat Club.              All waters of Mill Creek,
 Saturday and Sunday                                                                  adjacent and north of Fort
                                                                                      Monroe, Hampton, Virginia.
                                                                                      The regulated area
                                                                                      includes the following
                                                                                      areas:
                                                                                     Race area: All waters
                                                                                      within the following
                                                                                      boundaries: to the north,
                                                                                      a line drawn along
                                                                                      latitude 370103" N., to
                                                                                      the east a line drawn
                                                                                      along longitude 0761830"
                                                                                      W., to the south a line
                                                                                      drawn parallel with the
                                                                                      Fort Monroe shoreline, and
                                                                                      west boundary is parallel
                                                                                      with the Route 258--East
                                                                                      Mercury Boulevard Bridge-
                                                                                      causeway.
                                                                                     Buffer area A: All waters
                                                                                      bounded by a line
                                                                                      connecting the following
                                                                                      points: latitude 370043"
                                                                                      N., longitude 0761854" W.,
                                                                                      thence north along the
                                                                                      causeway to latitude
                                                                                      370103" N., longitude
                                                                                      0761852" W., thence
                                                                                      southwest to latitude
                                                                                      370100" N., longitude
                                                                                      0761854" W., thence south
                                                                                      to Route 143 causeway at
                                                                                      latitude 370044" N.,
                                                                                      longitude 0761858" W.,
                                                                                      thence east along the
                                                                                      shoreline to point of
                                                                                      origin.
                                                                                     Buffer area B: All waters
                                                                                      bounded by a line
                                                                                      connecting the following
                                                                                      points: latitude 370108"
                                                                                      N., longitude 0761849" W.,
                                                                                      thence east to latitude
                                                                                      370108" N., longitude
                                                                                      0761823" W., thence south
                                                                                      to latitude 370033" N.,
                                                                                      longitude 07618 23" W.,
                                                                                      thence west to latitude
                                                                                      370033" N., longitude
                                                                                      0761830" W., thence north
                                                                                      to latitude 370103" N.,
                                                                                      longitude 0761830" W.,
                                                                                      thence west to latitude
                                                                                      370103" N., longitude
                                                                                      0761849" W., thence north
                                                                                      to point of origin.
                                                                                     Spectator area: All waters
                                                                                      bounded by a line
                                                                                      connecting the following
                                                                                      points: latitude 370108"
                                                                                      N., longitude 0761823" W.,
                                                                                      thence east to latitude
                                                                                      370108" N., longitude
                                                                                      0761814" W., thence south
                                                                                      to latitude 370054" N.,
                                                                                      longitude 0761814" W.,
                                                                                      thence southwest to
                                                                                      latitude 370054" N.,
                                                                                      longitude 0761814" W.,
                                                                                      thence north to point of
                                                                                      origin.
7. September 1st Friday, Saturday    Hampton Virginia Bay    Hampton Bay Days Inc..  The waters of Sunset Creek
 and Sunday or 2nd Friday, Saturday   Days Festival.                                  and Hampton River
 and Sunday                                                                           shoreline to shoreline
                                                                                      bounded to the north by
                                                                                      the I-64 Bridge over the
                                                                                      Hampton River and bounded
                                                                                      to the south by a line
                                                                                      drawn from Hampton River
                                                                                      Channel Light 16 (LL
                                                                                      10945), located at
                                                                                      latitude 370103" N.,
                                                                                      longitude 0762024" W.,
                                                                                      thence west to the finger
                                                                                      pier across the river at
                                                                                      Bluewater Yacht Center,
                                                                                      located at latitude
                                                                                      370103" N., longitude
                                                                                      0762028" W.
8. September--last Sunday or         Poquoson Seafood        City of Poquoson......  The waters of the Back
 October--1st or 2nd Sunday           Festival Workboat                               River, Poquoson, Virginia.
                                      Races.                                         Race area: The area is
                                                                                      bounded on the north by a
                                                                                      line drawn along latitude
                                                                                      370630" N., bounded on the
                                                                                      south by a line drawn
                                                                                      along latitude 370615" N.,
                                                                                      bounded on the east by a
                                                                                      line drawn along longitude
                                                                                      0761852" W. and bounded on
                                                                                      the west by a line drawn
                                                                                      along longitude 0761930"
                                                                                      W.
                                                                                     Buffer area: The waters of
                                                                                      Back River extending 200
                                                                                      yards outwards from east
                                                                                      and west boundary lines,
                                                                                      and 100 yards outwards
                                                                                      from the north and south
                                                                                      boundary lines described
                                                                                      in this section.
                                                                                     Spectator area: Is located
                                                                                      along the south boundary
                                                                                      line of the buffer area
                                                                                      described in this section
                                                                                      and continues to the south
                                                                                      for 300 yards.
9. June--3rd Saturday and Sunday or  Mattaponi Drag Boat     Mattaponi Volunteer     All waters of Mattaponi
 4th Saturday and Sunday              Race.                   Rescue Squad and Dive   River immediately adjacent
                                                              Team.                   to Rainbow Acres
                                                                                      Campground, King and Queen
                                                                                      County, Virginia. The
                                                                                      regulated area includes a
                                                                                      section of the Mattaponi
                                                                                      River approximately three-
                                                                                      quarter mile long and
                                                                                      bounded in width by each
                                                                                      shoreline, bounded to the
                                                                                      east by a line that runs
                                                                                      parallel along longitude
                                                                                      0765243" W., near the
                                                                                      mouth of Mitchell Hill
                                                                                      Creek, and bounded to the
                                                                                      west by a line that runs
                                                                                      parallel along longitude
                                                                                      0765341" W. just north of
                                                                                      Wakema, Virginia.
                                                                                     Buffer area: The waters of
                                                                                      Mattaponi River extending
                                                                                      200 yards outwards from
                                                                                      east and west boundary
                                                                                      lines described in this
                                                                                      section.
                                                                                     Spectator area: The
                                                                                      regulated area cannot
                                                                                      accommodate spectator
                                                                                      vessels due to limitations
                                                                                      posed by shallow water and
                                                                                      insufficient waters to
                                                                                      provide adequate
                                                                                      separation between race
                                                                                      course and other vessels.
                                                                                      Spectators are encouraged
                                                                                      to view the race from
                                                                                      points along the adjacent
                                                                                      shoreline.

[[Page 284]]

 
10. June--2nd or 3rd Saturday or     Virginia Boat Club      Virginia Boat Club,     All waters of the James
 Sunday                               (VBC) Sprints Regatta   Richmond, VA.           River in the vicinity of
                                      on the James River.                             Robious Landing Park,
                                                                                      Midlothian, VA. The
                                                                                      regulated area includes a
                                                                                      section of the James River
                                                                                      approximately 1300 yards
                                                                                      long and bounded in width
                                                                                      by each shoreline, bounded
                                                                                      to the east by a line that
                                                                                      runs parallel along
                                                                                      longitude 07738"04" W.,
                                                                                      and bounded to the west by
                                                                                      a line that runs parallel
                                                                                      along longitude 0773854"
                                                                                      W., north of Robious
                                                                                      Landing Park.
----------------------------------------------------------------------------------------------------------------
                                (d.) Coast Guard Sector North Carolina--COTP Zone
----------------------------------------------------------------------------------------------------------------
1. September--4th or last Saturday   Swim the Loop and       Without Limits          All waters surrounding
 and or Sunday                        Motts Channel Sprint.   Coaching, Inc.          Harbor Island, NC
                                                                                      including Intracoastal
                                                                                      waterway, Lees Cut, Banks
                                                                                      Channel and Motts Channel.
                                                                                      Enforcement area extends
                                                                                      approximately 100 yards
                                                                                      from the shoreline of
                                                                                      Harbor Island and is
                                                                                      bounded by a line
                                                                                      connecting the following
                                                                                      points: Latitude 341255"
                                                                                      N., longitude 0774859" W.,
                                                                                      thence northeast to
                                                                                      latitude 341316" N.,
                                                                                      longitude 0774839" W.,
                                                                                      thence southeast to
                                                                                      latitude 341306" N.,
                                                                                      longitude 0774818" W.,
                                                                                      thence east to latitude
                                                                                      3413;12" N., longitude
                                                                                      0774741" W., thence
                                                                                      southeast to latitude
                                                                                      341306" N., longitude
                                                                                      0774733" W., thence south
                                                                                      to latitude 341231" N.,
                                                                                      longitude 0774747" W.,
                                                                                      thence southwest to
                                                                                      latitude 341211" N.,
                                                                                      longitude 0774801" W.,
                                                                                      thence northwest to
                                                                                      latitude 341229" N.,
                                                                                      longitude 0774829" W.,
                                                                                      thence north to latitude
                                                                                      341244" N., longitude
                                                                                      0774832" W., thence
                                                                                      northwest to point of
                                                                                      origin.
2. September--3rd, 4th or last       Wilmington YMCA         Wilmington, NC, YMCA..  All waters of Motts
 Saturday; October--last Saturday;    Triathlon.                                      Channel, from shoreline to
 November--1st and or 2nd Saturday                                                    shoreline and between
                                                                                      Wrightsville Channel Day
                                                                                      beacon 14 (LLNR 30220),
                                                                                      located at latitude
                                                                                      341217.8" N., longitude
                                                                                      0774809.1" W., thence
                                                                                      westward to Wrightsville
                                                                                      Channel Day beacon 25
                                                                                      (LLNR 30255), located at
                                                                                      latitude 341252.1" N.,
                                                                                      longitude 0774853.5" W.
3. August--2nd Saturday              The Crossing..........  Organization to         All waters of Lake Gaston,
                                                              Support the Arts,       from shoreline to
                                                              Infrastructure, and     shoreline, directly under
                                                              Learning on Lake        the length of Eaton Ferry
                                                              Gaston, AKA O'SAIL.     Bridge (NC State Route
                                                                                      903), commencing at the
                                                                                      southern bridge entrance
                                                                                      at latitude 363038" N.,
                                                                                      longitude 0775753" W., and
                                                                                      extending to the northern
                                                                                      bridge entrance at
                                                                                      latitude 363119" N.,
                                                                                      longitude 0775733" W., and
                                                                                      bounded to the west by a
                                                                                      line drawn parallel and
                                                                                      100 yards from and the
                                                                                      western side of Eaton
                                                                                      Ferry Bridge near
                                                                                      Littleton, NC.
4. October--3rd, 4th or last Friday  PPD Ironman North       Ironman, Wilmington,    All waters of Masonboro
 or Saturday                          Carolina.               NC.                     Inlet, shoreline to
                                                                                      shoreline starting at
                                                                                      location latitude 341113"
                                                                                      N., longitude 0774853" W.,
                                                                                      thence north along Banks
                                                                                      Channel to latitude
                                                                                      341214" N., longitude
                                                                                      0774804" W., thence west
                                                                                      to Motts channel,
                                                                                      terminating at Sea Path
                                                                                      Marina at latitude 341244"
                                                                                      N., longitude 0774825" W.,
                                                                                      Wrightsville Beach, NC.
----------------------------------------------------------------------------------------------------------------
\1\ As noted in paragraph (f) of this section, the enforcement period for each of the listed special local
  regulations is subject to change.


[USCG-2017-0064, 82 FR 26996, June 13, 2017]



Sec.  100.701  Special Local Regulations; Marine Events in the Seventh
Coast Guard District.

    The following regulations apply to the marine events listed in Table 
1 of this section. These regulations will be effective annually, for the 
duration of each event listed in Table 1. Annual notice of the exact 
dates and times of the effective period of the regulation with respect 
to each event, the geographical area, and details concerning the nature 
of the event and the number of participants and type(s) of vessels 
involved will also be published in the local notice to mariners and 
broadcast over VHF.
    (a) Definitions. The following definitions apply to this section:
    Patrol Commander. A Patrol Commander is a commissioned, warrant, or 
petty officer of the Coast Guard who has been designated by the 
respective

[[Page 285]]

Coast Guard Sector Commander to enforce these regulations.
    Spectators. All persons and vessels not registered with the event 
sponsor as participants or official patrol vessels.
    (b) Event Patrol. The Coast Guard may assign an event patrol, as 
described in Sec.  100.40 of this part, to each regulated event listed 
in the table. Additionally, a Patrol Commander may be assigned to 
oversee the patrol. The event patrol and Patrol Commander may be 
contacted on VHF Channel 16.
    (c) Special Local Regulations. (1) The Coast Guard Patrol Commander 
may forbid and control the movement of all vessels in the regulated 
area(s). When hailed or signaled by an official patrol vessel, a vessel 
in these areas shall immediately comply with the directions given. 
Failure to do so may result in expulsion from the area, citation for 
failure to comply, or both.
    (2) The Coast Guard Patrol Commander may terminate the event, or the 
operation of any vessel participating in the event, at any time it is 
deemed necessary for the protection of life or property.
    (3) Only event sponsor designated participants and official patrol 
vessels are allowed to enter the regulated area.
    (4) Spectators are only allowed inside the regulated area if they 
remain within a designated spectator area. Spectators may contact the 
Coast Guard Patrol Commander to request permission to pass through the 
regulated area. If permission is granted, spectators must pass directly 
through the regulated area at safe speed and without loitering.
    (d) Contact Information. Questions about marine 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 Captain of the Port zone, 
please see subpart 3.35 of this chapter.
    (1) Captain of the Port Charleston, South Carolina: (843) 724-7616.
    (2) Captain of the Port Savannah, Georgia: (912) 652-4353.
    (3) Captain of the Port Jacksonville, Florida: (904) 247-7318.
    (4) Captain of the Port Miami, Florida: (305) 535-8701.
    (5) Captain of the Port Key West, Florida: (305) 292-8779.
    (6) Captain of the Port Sector St. Petersburg, Florida: (727) 824-
7506.
    (7) Captain of the Port San Juan, Puerto Rico: (787) 289-2041.
    (e) Application for Marine Events. The application requirements of 
Sec.  100.15 of this part apply to all events listed in Table 1. For 
information on applying for a marine event, contact the Captain of the 
Port for the area in which the event will occur, at the phone numbers 
listed above.

                                             Table to Sec.   100.701
----------------------------------------------------------------------------------------------------------------
             No./date                      Event               Sponsor                     Location
----------------------------------------------------------------------------------------------------------------
1. 2nd or 3rd Weekend in June....  Rotary Club of Fort   Rotary Club of Fort  All waters of the New River
                                    Lauderdale New        Lauderdale.          contained within the following
                                    River Raft Race.                           points: Starting at Point 1 in
                                                                               position 260710" N., 800852" W.;
                                                                               thence southeast to Point 2 in
                                                                               position 260705" N., 800834" W.;
                                                                               thence southwest to Point 3 in
                                                                               position 260704" N., 800835" W.;
                                                                               thence northwest to Point 4 in
                                                                               position 260708" N., 800852" W.;
                                                                               thence north back to origin.
2. 2nd or 3rd weekend in April...  Stuart Sailfish       Stuart Sailfish,     All waters of Indian River located
                                    Regatta.              Inc.                 northeast of Ernest Lyons Bridge
                                                                               and south of Joes Cove that are
                                                                               encompassed within a line
                                                                               connecting the following points,
                                                                               with the exception of the
                                                                               spectator area: Starting at Point
                                                                               1 in position 271247" N., 801143"
                                                                               W.; thence southeast to Point 2
                                                                               in position 271222" N., 801128"
                                                                               W.; thence northeast to Point 3
                                                                               in position 271235" N., 801100"
                                                                               W.; thence northwest to Point 4
                                                                               in position 271247" N., 801104"
                                                                               W.; thence northeast to Point 5
                                                                               in position 271305" N., 801101"
                                                                               W.; thence southeast back to
                                                                               origin.

[[Page 286]]

 
3. 2nd or 3rd week in April......  Ft. Lauderdale Air    Lauderdale Air Show  (1) Exclusion area. All waters of
                                    Show.                 LLC.                 the Atlantic Ocean in the
                                                                               vicinity of Fort Lauderdale,
                                                                               Florida that are encompassed
                                                                               within a line connecting the
                                                                               following points: Starting at
                                                                               Point 1 in position 261039" N.,
                                                                               800547" W.; thence southeast to
                                                                               Point 2 in position 261032" N.,
                                                                               800439" W.; thence southwest to
                                                                               Point 3 in position 260633" N.,
                                                                               800508" W.; thence northwest to
                                                                               Point 4 in position 260640" N.,
                                                                               800615" W.; thence northeast back
                                                                               to origin. All persons and
                                                                               vessels, except those persons and
                                                                               vessels participating in the
                                                                               event, are prohibited from
                                                                               entering, transiting through,
                                                                               anchoring in, or remaining within
                                                                               the exclusion area.
                                                                              (2) Limited access area. All
                                                                               waters of the Atlantic Ocean in
                                                                               the vicinity of Fort Lauderdale,
                                                                               Florida that are encompassed
                                                                               within a line connecting the
                                                                               following points: Starting at
                                                                               Point 1 in position 260541" N.,
                                                                               800659" W.; thence southeast to
                                                                               Point 2 in position 260526" N.,
                                                                               800651" W.; thence northeast to
                                                                               Point 3 in position 260532" N.,
                                                                               800524" W.; thence north to Point
                                                                               4 in position 260542" N., 800524"
                                                                               W.; thence southwest back to
                                                                               origin. All vessels 500 gross
                                                                               tons or greater are prohibited
                                                                               from entering, transiting
                                                                               through, anchoring in, or
                                                                               remaining within the regulated
                                                                               area unless authorized by the
                                                                               Captain of the Port Miami or a
                                                                               designated representative.
4. 2nd or 3rd weekend in April...  Red Bull Candola....  Red Bull North       All waters of the New River
                                                          America.             between the Esplanade Park and
                                                                               slightly east of the South
                                                                               Andrews Avenue Bascule Bridge
                                                                               encompassed between the following
                                                                               points: Point 1 in position
                                                                               260709" N., 800852" W. and Point
                                                                               2 in position 260704" N., 800834"
                                                                               W.
5. 2nd or 3rd weekend in May.....  Miami Superboat       Super Boat           All waters of the Atlantic Ocean
                                    Grand Prix.           International        east of Miami Beach, FL
                                                          Productions, Inc.    encompassed within a line
                                                                               connecting the following points:
                                                                               Starting at Point 1 in position
                                                                               254914" N., 800713" W.; thence
                                                                               east to Point 2 in position
                                                                               254913" N., 800648" W.; thence
                                                                               southwest to Point 3 in 254600"
                                                                               N., 800726" W.; thence west to
                                                                               Point 4 in position 254600" N.,
                                                                               800751" W.; thence northeast back
                                                                               to origin.
6. 1st or 2nd weekend in June....  West Palm Beach       Game On Sports       All waters of the Intracoastal
                                    Triathlon.            Marketing Group.     Waterway in West Palm Beach,
                                                                               Florida between the Flagler
                                                                               Memorial Bridge to the Royal Palm
                                                                               Way Bridge.
7. 2nd or 3rd weekend in           Publix Escape to      US Road Sports and   All waters of Biscayne Bay, east
 September.                         Miami Triathlon.      Entertainment of     of Margaret Pace Park, Miami, FL
                                                          Florida, LLC.        encompassed within a line
                                                                               connecting the following points:
                                                                               Starting at Point 1 in position
                                                                               254740" N., 801107" W.; thence
                                                                               northeast to Point 2 in position
                                                                               254813" N., 801048" W.; thence
                                                                               southeast to Point 3 in 254759"
                                                                               N., 801034" W.; thence south to
                                                                               Point 4 in position 254752" N.,
                                                                               801034" W.; thence southwest to
                                                                               Point 5 in position 254733" N.,
                                                                               801107" W.; thence north back to
                                                                               origin.
8. 2nd or 3rd weekend in October.  Ironman 70.3........  Miami Tri Events...  All waters of Biscayne Bay located
                                                                               east of Bayfront Park and
                                                                               encompassed within a line
                                                                               connecting the following points:
                                                                               Starting at Point 1 in position
                                                                               254644" N., 0801100" W.; thence
                                                                               southeast to Point 2 in position
                                                                               254624" N., 0801044" W.; thence
                                                                               southwest to Point 3 in position
                                                                               254618" N., 0801105" W.; thence
                                                                               north to Point 4 in position
                                                                               254633" N., 0801105" W.; thence
                                                                               northeast back to origin. All
                                                                               coordinates are North American
                                                                               Datum 1983.
9. 2nd or 3rd week in October....  West Palm Beach       Offshore Powerboat   All waters of the Atlantic Ocean
                                    World Championship.   Association LLC.     east of Jupiter, FL encompassed
                                                                               within a line connecting the
                                                                               following points: Starting at
                                                                               Point 1 in position 265606" N.,
                                                                               800406" W.; thence northeast to
                                                                               Point 2 in position 265611" N.,
                                                                               800338" W.; thence southeast to
                                                                               Point 3 in 265311" N., 800235"
                                                                               W.; thence southwest to Point 4
                                                                               in position 265303" N., 800306"
                                                                               W.; thence northwest back to
                                                                               origin.

[[Page 287]]

 
10. 1st or 2nd weekend in          Red Bull Flugtag....  Red Bull North       All waters of Biscayne Bay, Miami,
 November.                                                America.             FL between Bayfront Park and the
                                                                               Intercontinental-Miami Hotel
                                                                               encompassed within a line
                                                                               connecting the following points:
                                                                               Starting at point 1 in position
                                                                               254632" N., 801106" W.; thence
                                                                               southeast to point 2 in position
                                                                               254630" N., 801104" W.; thence
                                                                               south to point 3 in position
                                                                               254626" N., 801104" W.; thence
                                                                               southwest to point 4 in position
                                                                               254625" N., 801106" W.; thence
                                                                               north back to origin.
11. 1st or 2nd weekend in          Boynton & Delray      Boynton Reach        All waters within a moving zone
 December.                          Holiday Boat Parade.  Community            that will begin at Boynton Inlet
                                                          Redevelopment        and end at the C-15 Canal, which
                                                          Agency.              will include a buffer zone
                                                                               extending 50 yards ahead of the
                                                                               lead parade vessel and 50 yards
                                                                               astern of the last participating
                                                                               vessel and 50 yards on either
                                                                               side of the parade.
12. 1st or 2nd weekend in          Palm Beach Holiday    Marine Industries    All waters within a moving zone
 December.                          Boat Parade.          Association of       that will begin at Lake Worth
                                                          Palm Beach County.   Daymarker 28 in North Palm Beach
                                                                               and end at Loxahatchee River
                                                                               Daymarker 7 east of the Glynn
                                                                               Mayo Highway Bridge in Jupiter,
                                                                               FL, which will include a buffer
                                                                               zone extending 50 yards ahead of
                                                                               the lead parade vessel and 50
                                                                               yards astern of the last
                                                                               participating vessel and 50 yards
                                                                               on either side of the parade.
13. 2nd or 3rd weekend in          Miami Outboard Club   Miami Outboard Club  All waters within a moving zone
 December.                          Holiday Boat Parade.                       that will transit as follows: the
                                                                               marine parade will begin at the
                                                                               Miami Outboard Club on Watson
                                                                               Island, head north around Palm
                                                                               Island and Hibiscus Island, head
                                                                               east between Di Lido Island,
                                                                               south through Meloy Channel, west
                                                                               through Government Cut to
                                                                               Bicentennial Park, south to the
                                                                               Dodge Island Bridge, south in the
                                                                               Intracoastal Waterway to
                                                                               Claughton Island, circling back
                                                                               to the north in the Intracoastal
                                                                               Waterway to end at the Miami
                                                                               Outboard Club. This will include
                                                                               a buffer zone extending to 50
                                                                               yards ahead of the lead vessel
                                                                               and 50 yards astern of the last
                                                                               participating vessel and 50 yards
                                                                               on either side of the parade.
14. 2nd or 3rd weekend in          Seminole Hard Rock    Winterfest, Inc....  All waters within a moving zone
 December.                          Winterfest Holiday                         that will begin at Cooley's
                                    Boat Parade.                               Landing Marina and end at Lake
                                                                               Santa Barbara, which will include
                                                                               a buffer zone extending 50 yards
                                                                               ahead of the lead parade vessel
                                                                               and 50 yards astern of the last
                                                                               participating vessel and 50 yards
                                                                               on either side of the parade.
15. 2nd or 3rd weekend in          City of Pompano       Greater Pompano      All waters within a moving zone
 December.                          Beach Holiday Boat    Beach Chamber of     that will begin at Lake Santa
                                    Parade.               Commerce.            Barbara and head north on the
                                                                               Intracoastal Waterway to end at
                                                                               the Hillsboro Bridge, which will
                                                                               include a buffer zone extending
                                                                               50 yards ahead of the lead parade
                                                                               vessel and 50 yards astern of the
                                                                               last participating vessel and 50
                                                                               yards on either side of the
                                                                               parade.
----------------------------------------------------------------------------------------------------------------
                                (b) COTP Zone San Juan; Special Local Regulations
----------------------------------------------------------------------------------------------------------------
1. 1st Friday, Saturday, and       CNSJ International    Club Nautico de San  San Juan, Puerto Rico; (1) Outer
 Sunday of February.                Regatta.              Juan.                Harbor Race Area. All waters of
                                                                               Bahia de San Juan within a line
                                                                               connecting the following points:
                                                                               Starting at Point 1 in position
                                                                               1828.4 N., 6607.6 W.; then south
                                                                               to Point 2 in position 1828.1 N.,
                                                                               6607.8 W.; then southeast to
                                                                               Point 3 in position 1827.8 N.,
                                                                               6607.4 W.; then southeast to
                                                                               point 4 in position 1827.6 N.,
                                                                               6607.3 W.; then west to point 5
                                                                               in position 1827.6 N., 6607.8 W.;
                                                                               then north to point 6 in position
                                                                               1828.4 N., 6607.8 W.; then east
                                                                               to the origin.
                                                                              (2) Inner Harbor Race Area; All
                                                                               waters of Bahia de San Juan
                                                                               within a line connecting the
                                                                               following points: Starting at
                                                                               Point 1 in position 1827.6 N.,
                                                                               6607.8 W.; then east to Point 2
                                                                               in position 1827.6 N., 6607.1 W.;
                                                                               then southeast to Point 3 in
                                                                               position 1827.4 N., 6606.9 W.;
                                                                               then west to point 4 in position
                                                                               1827.4 N., 6607.7 W.; then
                                                                               northwest to the origin.
2. Last Full Weekend of March....  St. Thomas            St. Thomas Yacht     St. Thomas, U.S. Virgin Islands;
                                    International         Club.                All waters of St. Thomas Harbor
                                    Regatta.                                   encompassed within the following
                                                                               points: Starting at Point 1 in
                                                                               position 1819.9 N., 6455.9 W.;
                                                                               thence east to Point 2 in
                                                                               position 1819.97 N., 6455.8 W.;
                                                                               thence southeast to Point 3 in
                                                                               position 1819.6 N., 6455.6 W.;
                                                                               thence south to point 4 in
                                                                               position 1819.1 N., 6455.5 W.;
                                                                               thence west to point 5 in
                                                                               position 1819.1 N., 6455.6 W.;
                                                                               thence north to point 6 in
                                                                               position 1819.6 N., 6455.8 W.;
                                                                               thence northwest back to origin
                                                                               at Harbor, St. Thomas, San Juan.

[[Page 288]]

 
3. Last week of April............  St. Thomas Carnival.  Virgin Islands       St. Thomas, U.S. Virgin Islands;
                                                          Carnival Committee.  (1) Race Area. All waters of the
                                                                               St. Thomas Harbor located around
                                                                               Hassel Island, St. Thomas, U.S.
                                                                               Virgin Island encompassed within
                                                                               the following points: Starting at
                                                                               Point 1 in position 1820.2 N.,
                                                                               6456.1 W.; thence southeast to
                                                                               Point 2 in position 1819.7 N.,
                                                                               6455.7 W.; thence south to Point
                                                                               3 in position 1819.4 N., 6455.7
                                                                               W.; thence southwest to point 4
                                                                               in position 1819.3 N., 6456.0 W.;
                                                                               thence northwest to point 5 in
                                                                               position 1819.9 N., 6456.5 W.;
                                                                               thence northeast to point 6 in
                                                                               position 1820.2 N., 06456.3 W.;
                                                                               thence east back to origin.
                                                                              (2) Jet Ski Race Area. All waters
                                                                               encompassed the following points:
                                                                               Starting at Point 1 in position
                                                                               1820.1 N., 6455.9 W.; thence west
                                                                               to Point 2 in position 1820.1 N.,
                                                                               6456.1 W.; thence north to Point
                                                                               3 in position 1820.3 N., 6456.1
                                                                               W.; thence east to Point 4 in
                                                                               position 1820.3 N., 6455.9 W.;
                                                                               thence south back to origin.
                                                                              (3) Buffer Zone. All waters of the
                                                                               St. Thomas Harbor located around
                                                                               Hassel Island, encompassed within
                                                                               the following points: Starting at
                                                                               Point 1 in position 1820.3 N.,
                                                                               6455.9 W.; thence southeast to
                                                                               Point 2 in position 1819.7 N.,
                                                                               6455.7 W.; thence south to Point
                                                                               3 in position 1819.3 N., 6455.72
                                                                               W.; thence southwest to Point 4
                                                                               in position 1819.2 N., 6456 W.;
                                                                               thence northwest to Point 5 in
                                                                               position 1819.9 N., 6456.5 W.;
                                                                               thence northeast to Point 6 in
                                                                               position 1820.3 N., 6456.3 W.;
                                                                               thence east back to origin.
                                                                              (4) Spectator Area. All waters of
                                                                               the St. Thomas Harbor located
                                                                               east of Hassel Island,
                                                                               encompassed within the following
                                                                               points: Starting at Point 1 in
                                                                               position 1820.3 N., 6455.8 W.;
                                                                               thence southeast to Point 2 in
                                                                               position 1819.9 N., 6455.7 W.;
                                                                               thence northeast to Point 3 in
                                                                               position 1820.2 N., 6455.5 W.;
                                                                               thence northwest back to origin.
4. 1st Sunday of May.............  Ironman 70.3 St.      Project St. Croix,   St. Croix (Christiansted Harbor),
                                    Croix.                Inc.                 U.S. Virgin Islands; All waters
                                                                               encompassed within the following
                                                                               points: point 1 on the shoreline
                                                                               at Kings Wharf at position
                                                                               174451" N., 0644216" W., thence
                                                                               north to point 2 at the southwest
                                                                               corner of Protestant Cay in
                                                                               position 174456" N., 0644212" W.,
                                                                               then east along the shoreline to
                                                                               point 3 at the southeast corner
                                                                               of Protestant Cay in position
                                                                               174456" N., 0644208" W., thence
                                                                               northeast to point 4 at
                                                                               Christiansted Harbor Channel
                                                                               Round Reef Northeast Junction
                                                                               Lighted Buoy RR in position
                                                                               174524" N., 0644145" W., thence
                                                                               southeast to point 5 at
                                                                               Christiansted Schooner Channel
                                                                               Lighted Buoy 5 in position
                                                                               174518" N., 0644143" W., thence
                                                                               southwest to point 6 at
                                                                               Christiansted Harbor Channel Buoy
                                                                               15 in position 174456" N.,
                                                                               0644156" W., thence southwest to
                                                                               point 7 on the shoreline north of
                                                                               Fort Christiansted in position
                                                                               174451" N., 0644205" W., thence
                                                                               west along the shoreline to
                                                                               origin.
5. July 4th......................  Fireworks Display...  St. John Festival &  St. John (West of Cruz Bay/
                                                          Cul., Org.           Northeast of Steven Cay), U.S.
                                                                               Virgin Islands; All waters from
                                                                               the surface to the bottom for a
                                                                               radius of 200 yards centered
                                                                               around position 181955" N.,
                                                                               0644806" W.
6. 3rd Week of July, Sunday......  San Juan Harbor Swim  Municipality of      San Juan Harbor, San Juan, Puerto
                                                          Catañ o.      Rico; All waters encompassed
                                                                               within the following points:
                                                                               point 1: La Puntilla Final, Coast
                                                                               Guard Base at position 182733"
                                                                               N., 0660700" W., then south to
                                                                               point 2: Catañ o Ferry
                                                                               Pier at position 182636" N.,
                                                                               0660700" W., then northeast along
                                                                               the Catañ o shoreline to
                                                                               point 3: Punta Catañ o at
                                                                               position 182640" N., 0660648" W.,
                                                                               then northwest to point 4: Pier 1
                                                                               San Juan at position 182740" N.,
                                                                               0660649" W., then back along the
                                                                               shoreline to origin.

[[Page 289]]

 
7. 1st Sunday of September.......  Cruce A Nado          Cruce a Nado Inc...  Ponce Harbor, Bahia de Ponce, San
                                    International.                             Juan; All waters of Bahia de
                                                                               Ponce encompassed within the
                                                                               following points: Starting at
                                                                               Point 1 in position 1758.9 N.,
                                                                               6637.5 W.; thence southwest to
                                                                               Point 2 in position 1757.5 N.,
                                                                               6638.2 W.; thence southeast to
                                                                               Point 3 in position 1757.4 N.,
                                                                               6637.9 W.; thence northeast to
                                                                               point 4 in position 1758.7 N.,
                                                                               6637.3 W.; thence northwest along
                                                                               the northeastern shoreline of
                                                                               Bahia de Ponce to the origin.
8. 2nd Sunday of October.........  St. Croix Coral Reef  The Buccaneer        St. Croix, U.S. Virgin Islands;
                                    Swim.                 Resort.              All waters of Christiansted
                                                                               Harbor within the following
                                                                               points: Starting at Point 1 in
                                                                               position 1845.7 N., 6440.6 W.;
                                                                               then northeast to Point 2 in
                                                                               position 1847.3 N., 6437.5 W.;
                                                                               then southeast to Point 3 in
                                                                               position 1746.9 N., 6437.2 W.;
                                                                               then southwest to point 4 in
                                                                               position 1745.51 N., 6439.7 W.;
                                                                               then northwest to the origin.
9. December 31st.................  Fireworks St.         Mr. Victor           St. Thomas (Great Bay area), U.S.
                                    Thomas, Great Bay.    Laurenza,            Virgin Islands; All waters within
                                                          Pyrotecnico, New     a radius of 600 feet centered
                                                          Castle, PA.          around position 181914" N.,
                                                                               0645018" W.
10. December--1st week...........  Christmas Boat        St. Croix Christmas  St. Croix (Christiansted Harbor),
                                    Parade.               Boat Committee.      U.S. Virgin Islands; 200 yards
                                                                               off-shore around Protestant Cay
                                                                               beginning in position 174556" N.,
                                                                               0644216" W., around the cay and
                                                                               back to the beginning position.
11. December--2nd week...........  Christmas Boat        Club Nautico de San  San Juan, Puerto Rico; Parade
                                    Parade.               Juan.                route. All waters of San Juan
                                                                               Harbor within a moving zone that
                                                                               will begin at Club Nautico de San
                                                                               Juan, move towards El Morro and
                                                                               then return, to Club Nautico de
                                                                               San Juan; this zone will at all
                                                                               times extend 50 yards in front of
                                                                               the lead vessel, 50 yards behind
                                                                               the last vessel, and 50 yards out
                                                                               from all participating vessels.
----------------------------------------------------------------------------------------------------------------
                                (c) COTP Zone Key West; Special Local Regulations
----------------------------------------------------------------------------------------------------------------
1. January 1st...................  Blessing of the       Islamorada Charter   From Whale Harbor Channel to Whale
                                    Fleet.                Boat Association.    Harbor Bridge, Islamorada,
                                                                               Florida.
2. January through April, last     Wreckers Cup Races..  Schooner Wharf Bar.  Key West Harbor to Sand Key,
 Monday or Tuesday.                                                            Florida (Gulf of Mexico side).
3. 3rd Week of January, Monday-    Yachting Key West     Premiere Racing,     Inside the reef on either side of
 Friday.                            Race Week.            Inc.                 main ship channel, Key West
                                                                               Harbor Entrance, Key West,
                                                                               Florida.
4. 1st Saturday of February......  The Bogey...........  Florida Bay          Blackwater Sound (entire sound),
                                                          Outfitters.          Key Largo, Florida.
5. 1st Sunday of February........  The Bacall..........  Florida Bay          Blackwater Sound (entire sound),
                                                          Outfitters.          Key Largo, Florida.
6. 3rd Weekend of April..........  Miami to Key Largo    MYC Youth Sailing    Biscayne Bay and Intracoastal
                                    Sailboat Race.        Foundation, Inc.     Waterway from the Rickenbacker
                                                                               Causeway in Miami, Florida to Key
                                                                               Biscayne to Cape Florida to
                                                                               Soldier Key to Sands Key to
                                                                               Elliot Key to Two Stacks to Card
                                                                               Sound to Barnes Sound to
                                                                               Blackwater Sound in Key Largo,
                                                                               Florida no closer than 500 feet
                                                                               from each vessel.
7. Last Friday of April..........  Conch Republic Navy   Conch Republic.....  All waters approximately 150 yards
                                    Parade and Battle.                         offshore from Ocean Key Sunset
                                                                               Pier, Mallory Square and the
                                                                               Hilton Pier within the Key West
                                                                               Harbor in Key West, Florida.
8. 1st Weekend of June...........  Swim around Key West  Florida Keys         Beginning at Smather's Beach in
                                                          Community College.   Key West, Florida. The regulated
                                                                               area will move, west to the area
                                                                               offshore of Fort Zach State Park,
                                                                               north through Key West Harbor,
                                                                               east through Flemming Cut, south
                                                                               on Cow Key Channel and west back
                                                                               to origin. The center of the
                                                                               regulated area will at all times
                                                                               remain approximately 50 yards
                                                                               offshore of the island of Key
                                                                               West Florida; extend 50 yards in
                                                                               front of the lead safety vessel
                                                                               preceding the first race
                                                                               participants; extend 50 yards
                                                                               behind the safety vessel trailing
                                                                               the last race participants; and
                                                                               at all times extend 100 yards on
                                                                               either side of the race
                                                                               participants and safety vessels.
9. 2nd Week of November,           Key West World        Super Boat           In the Atlantic Ocean, off the tip
 Wednesday-Sunday.                  Championship.         International        of Key West, Florida, on the
                                                          Productions, Inc.    waters of the Key West Main Ship
                                                                               Channel, Key West Turning Basin,
                                                                               and Key West Harbor Entrance.

[[Page 290]]

 
10. 1st Thursday of December.....  Boot Key Harbor       Dockside Marina....  Boot Key Harbor (entire harbor),
                                    Christmas Boat                             Marathon, Florida.
                                    Parade.
11. 2nd Sunday of December.......  Key Colony Beach      Key Colony Beach     Key Colony Beach, Marathon,
                                    Holiday Boat Parade.  Community            Florida, between Vaca Cut Bridge
                                                          Association.         and Long Key Bridge.
12. 3rd Saturday of December.....  Key Largo Boat        Key Largo Boat       From Channel Marker 41 on
                                    Parade.               Parade.              Dusenbury Creek in Blackwater
                                                                               Sound to tip of Stillwright Point
                                                                               in Blackwater Sound, Key Largo,
                                                                               Florida.
13. 3rd Saturday of December.....  Key West Lighted      Schooner Wharf Bar.  All waters between Christmas Tree
                                    Boat Parade.                               Island and Coast Guard Station
                                                                               thru Key West Harbor to Mallory
                                                                               Square, approximately 35 yards
                                                                               from shore.
----------------------------------------------------------------------------------------------------------------
                             (d) COTP Zone St. Petersburg; Special Local Regulations
----------------------------------------------------------------------------------------------------------------
1. 3rd Saturday of January.......  Gasparilla            Air Boss and         All waters of Hillsborough Bay
                                    Children's Parade     Consulting.          north of an line drawn at 2755
                                    Air show.                                  N., west of Davis Islands, and
                                                                               south of the Davis Island Bridge.
2. Last Friday, Saturday, and      Honda Grand Prix....  Honda Motor Company  Demens Landing St. Petersburg
 Sunday of March.                                         and City of St.      Florida; All waters within 100
                                                          Petersburg.          ft. of the seawall.
3. Last Friday, Saturday, and      St. Pete Grand Prix   Honda Motor Company  South Yacht Basin, Bayboro Harbor,
 Sunday of March.                   Air show.             and City of St.      Gulf of Mexico, St. Petersburg,
                                                          Petersburg.          Florida, within two nautical
                                                                               miles of the Albert Whitted
                                                                               Airport.
4. Last Sunday of April..........  St. Anthony's         St. Anthony's        Gulf of Mexico, St. Petersburg,
                                    Triathlon.            Healthcare.          Florida within one nautical mile
                                                                               of Spa Beach.
5. July 4th......................  Freedom Swim........  None...............  Peace River, St. Petersburg,
                                                                               Florida within two nautical miles
                                                                               of the US 41 Bridge.
6. 1st Sunday of July............  Suncoast Offshore     Suncoast Foundation  Gulf of Mexico in the vicinity of
                                    Grand Prix.           for the              Sarasota, Florida from New Pass
                                                          Handicapped.         to Siesta Beach out to eight
                                                                               nautical miles.
7. 3rd Friday, Saturday, and       Homosassa Raft Race.  Citrus 95 FM radio.  Homosassa River in Homosassa,
 Sunday of September.                                                          Florida Between Private Green
                                                                               Dayboard 81 east located in
                                                                               approximate position 284658.937"
                                                                               N., 0823725.131" W. to private
                                                                               Red Dayboard 2 located in
                                                                               approximate position 284719.939"
                                                                               N., 0823644.36" W.
8. September 30th................  Clearwater Superboat  Superboat            (1) Race Area; All waters of the
                                    Race.                 International.       Gulf of Mexico near St.
                                                                               Petersburg, Florida, contained
                                                                               within the following points:
                                                                               2758.96 N., 8250.05 W., thence to
                                                                               position 2758.60 N., 8250.04 W.,
                                                                               thence to position 2758.64 N.,
                                                                               8250.14 W., thence to position
                                                                               2800.43 N., 8250.02 W., thence to
                                                                               position 2800.45 N., 8250.13 W.,
                                                                               thence back to the start/finish
                                                                               position;
                                                                              (2) Buffer Area; All waters of the
                                                                               Gulf of Mexico encompassed within
                                                                               the following points: 2758.4 N.,
                                                                               8250.2 W., thence to position
                                                                               2758.3 N., 8249.9 W., thence to
                                                                               position 2800.6 N., 8250.2 W.,
                                                                               thence to position 2800.7 N.,
                                                                               8249.7 W., thence back to
                                                                               position 2758.4 N., 8250.2 W.
                                                                              (3) Spectator Area; All waters of
                                                                               Gulf of Mexico seaward of the
                                                                               following points: 2758.6 N.,
                                                                               8250.2 W., thence to position
                                                                               2800.5 N., 8250.2 W.
9. Last weekend of September.....  Cocoa Beach Grand     Powerboat P1-USA,    Atlantic ocean at Cocoa Beach,
                                    Prix of the Seas.     LLC.                 Florida. Sheppard Park. All
                                                                               waters encompassed within the
                                                                               following points: Starting at
                                                                               point 1 in position 2822.285 N.,
                                                                               8036.033 W.; thence east to Point
                                                                               2 in position 2822.253 N.,
                                                                               8035.543 W.; thence south to
                                                                               Point 3 in position 2821.143 N.,
                                                                               8035.700 W.; thence west to Point
                                                                               4 in position 2821.195 N.,
                                                                               8036.214 W.; thence north back to
                                                                               the origin.
10. 2nd Friday, Saturday, and      St. Petersburg        City of St.          South Yacht Basin, Bayboro Harbor,
 Sunday of October.                 Airfest.              Petersburg.          Gulf of Mexico, St. Petersburg,
                                                                               Florida all waters within 2
                                                                               nautical miles of the Albert
                                                                               Whitted Airport.
11. 3rd Thursday, Friday, and      Ironman World         City of Clearwater   Gulf of Mexico, Clearwater,
 Saturday of November.              Championship          & Ironman North      Florida within 2 nautical miles
                                    Triathlon.            America.             of Clearwater Beach FL.
----------------------------------------------------------------------------------------------------------------
                              (e) COTP Zone Jacksonville; Special Local Regulations
----------------------------------------------------------------------------------------------------------------
1. Last Saturday of February.....  El Cheapo Sheepshead  Jacksonville         Mayport Boat Ramp, Jacksonville,
                                    Tournament.           Offshore Fishing     Florida; 500 foot radius from the
                                                          Club.                boat ramp.

[[Page 291]]

 
2. 1st Saturday of March.........  Jacksonville          Stanton Rowing       Ortega River Race Course,
                                    Invitational.         Foundation (May      Jacksonville, Florida; South of
                                                          vary).               Timuquana Bridge.
3. 1st Saturday of March.........  Stanton Invitational  Stanton Rowing       Ortega River Race Course,
                                    (Rowing Race).        Foundation.          Jacksonville, Florida; South of
                                                                               Timuquana Bridge.
4. 1st weekend of March..........  Hydro X Tour........  H2X Racing           Lake Dora, Tavares, Florida; All
                                                          Promotions.          waters encompassed within the
                                                                               following points: Starting at
                                                                               Point 1 in position 284759" N.,
                                                                               814341" W.; thence south to Point
                                                                               2 in position 284753" N., 814341"
                                                                               W.; thence east to Point 3 in
                                                                               position 284753" N., 814319" W.;
                                                                               thence north to Point 4 in
                                                                               position 284759" N., 814319" W.;
                                                                               thence west back to origin.
5. 2nd Full Weekend of March.....  TICO Warbird Air      Valiant Air Command  Titusville; Indian River, FL: All
                                    Show.                                      waters encompassed within the
                                                                               following points: Starting at the
                                                                               shoreline then due east to Point
                                                                               1 at position 283125.15" N.,
                                                                               0804632.73" W., then south to
                                                                               Point 2 located at position
                                                                               283055.42" N., 0804632.75" W.,
                                                                               then due west to the shoreline.
6. 3rd Weekend of March..........  Tavares Spring        Classic Race Boat    Lake Dora, Florida, waters 500
                                    Thunder Regatta.      Association.         yards seaward of Wooten Park.
7. Palm Sunday in March or April.  Blessing of the       City of              St. Johns River, Jacksonville,
                                    Fleet--Jacksonville.  Jacksonville         Florida in the vicinity of
                                                          Office of Special    Jacksonville Landing between the
                                                          Events.              Main Street Bridge and Acosta
                                                                               Bride.
8. Palm Sunday in March or April.  Blessing of the       City of St.          St. Augustine Municipal Marina
                                    Fleet--St.            Augustine.           (entire marina), St. Augustine
                                    Augustine.                                 Florida.
9. 1st Full Weekend of April       Mount Dora Yacht      Mount Dora Yacht     Lake Dora, Mount Dora, Florida--
 (Saturday and Sunday).             Club Sailing          Club.                500 feet off Grantham Point.
                                    Regatta.
10. 3rd Saturday of April........  Jacksonville City     Stanton Rowing       Ortega River Race Course,
                                    Championships.        Foundation.          Jacksonville, Florida; South of
                                                                               Timuquana Bridge.
11. 3rd weekend of April.........  Florida Times Union   The Florida Times-   Sister's Creek, Jacksonville,
                                    Redfish Roundup.      Union.               Florida; All waters within a 100
                                                                               yard radius of Jim King Park and
                                                                               Boat Ramp at Sister's Creek
                                                                               Marina, Sister's Creek.
12. 2nd Weekend in May...........  Saltwater Classic--   Cox Events Group...  All waters of the Port Canaveral
                                    Port Canaveral.                            Harbor located in the vicinity of
                                                                               Port Canaveral, Florida
                                                                               encompassed within the following
                                                                               points: Starting at Point 1 in
                                                                               position 282432" N., 0803722" W.,
                                                                               then north to Point 2 282435" N.,
                                                                               0803722" W., then due east to
                                                                               Point 3 at 282435" N., 0803645"
                                                                               W., then south to Point 4 at
                                                                               282432" N., 0803645", then west
                                                                               back to the original point.
13. 1st Friday of May............  Isle of Eight Flags   City of Fernandina   All waters within a 500 yard
                                    Shrimp Festival       Beach.               radius around approximate
                                    Pirate Landing and                         position 304015" N., 812810" W.
                                    Fireworks.
14. 1st Saturday of May..........  Mug Race............  The Rudder Club of   St. Johns River; Palatka to
                                                          Jacksonville, Inc.   Buckman Bridge.
15. 3rd Friday--Sunday of May....  Space Coast Super     Super Boat           Atlantic Ocean in the vicinity of
                                    Boat Grand Prix.      International        Cocoa Beach, Florida includes all
                                                          Productions, Inc.    waters encompassed within the
                                                                               following points: Starting at
                                                                               Point 1 in position 282216" N.,
                                                                               803604" W.; thence east to Point
                                                                               2 in position 282215" N., 803539"
                                                                               W.; thence south to Point 3 in
                                                                               position 281947" N., 803555" W.;
                                                                               thence west to Point 4 in
                                                                               position 281947" N., 803622" W.;
                                                                               thence north back to origin.
16. 4th weekend of May...........  Memorial Day          City of Green Cove   St. Johns River, Green Cove
                                    RiverFest.            Springs.             Springs, Florida; All waters
                                                                               within a 500-yard radius around
                                                                               approximate position 295939" N.,
                                                                               0814033" W.
17. Last full week of May (Monday- Bluewater             Northeast Florida    There is a no-wake zone in affect
 Friday).                           Invitational          Marlin Association.  from the St. Augustine City
                                    Tournament.                                Marina out to the end of the St.
                                                                               Augustine Jetty's 6 a.m.-8 a.m.
                                                                               and 3 p.m.-5 p.m. during the
                                                                               above days.
18. 2nd weekend of June..........  Hydro X Tour........  H2X Racing           Lake Dora, Tavares, Florida; All
                                                          Promotions.          waters encompassed within the
                                                                               following points: Starting at
                                                                               Point 1 in position 284759" N.,
                                                                               814341" W.; thence south to Point
                                                                               2 in position 284753" N., 814341"
                                                                               W.; thence east to Point 3 in
                                                                               position 284753" N., 814319" W.;
                                                                               thence north to Point 4 in
                                                                               position 284759" N., 814319" W.;
                                                                               thence west back to origin.
19. 1st Saturday of June.........  Florida Sport         Florida Sport        Port Canaveral, Florida from
                                    Fishing Association   Fishing              Sunrise Marina to the end of Port
                                    Offshore Fishing      Association.         Canaveral Inlet.
                                    Tournament.

[[Page 292]]

 
20. 2nd weekend of June (Saturday  Kingfish Challenge..  Ancient City Game    There is a no-wake zone in affect
 and Sunday).                                             Fish Association.    from the St. Augustine City
                                                                               Marina in St. Augustine, Florida
                                                                               out to the end of the St.
                                                                               Augustine Jetty's 6 a.m.-8 a.m.
                                                                               and 3 p.m.-5 p.m.
21. 3rd Friday-Sunday of June....  Daytona Beach Grand   Powerboat P1-USA...  All waters of the Atlantic Ocean
                                    Prix of the Sea.                           East of Cocoa Beach, Florida
                                                                               encompassed within the following
                                                                               points: Starting at Point 1 in
                                                                               position 291460" N., 810077" W.;
                                                                               thence east to Point 2 in
                                                                               position 291478" N., 8059802" W.;
                                                                               thence south to Point 3 in
                                                                               position 2813860" N., 805976" W.;
                                                                               thence west to Point 4 in
                                                                               position 291368" N., 810028" W.;
                                                                               thence north back to origin.
22. 3rd Saturday of July.........  Halifax Rowing        Halifax Rowing       Halifax River, Daytona, Florida,
                                    Association Summer    Association.         south of Memorial Bridge--East
                                    Regatta.                                   Side.
23. 3rd week of July.............  Greater Jacksonville  Jacksonville Marine  Jacksonville, Florida; All waters
                                    Kingfish Tournament.  Charities, Inc.      of the St. Johns River, from
                                                                               lighted buoy 10 (LLNR 2190) in
                                                                               approximate position 302422" N.,
                                                                               0812459" W. to Lighted Buoy 25
                                                                               (LLNR 7305).
24. Last weekend of September....  Jacksonville Dragon   In the Pink          St. John's River, Jacksonville,
                                    Boat Festival.        Boutique, Inc.       Florida. In front of the Landing,
                                                                               between the Acosta & Main Street
                                                                               bridges From approximate position
                                                                               301926" N., 0813947" W. to
                                                                               approximate position 301926" N.,
                                                                               813932" W.
25. 2nd week of October..........  First Coast Head      Stanton Rowing       St. Johns River and Arlington
                                    Race.                 Foundation.          River, Jacksonville, Florida,
                                                                               starting near the Arlington
                                                                               Marina and ending on the
                                                                               Arlington River near the Atlantic
                                                                               Blvd. Bridge.
26. 1st weekend of November......  Hydro X Tour........  H2X Racing           Lake Dora, Tavares, Florida; All
                                                          Promotions.          waters encompassed within the
                                                                               following points: Starting at
                                                                               Point 1 in position 284759" N.,
                                                                               814341" W.; thence south to Point
                                                                               2 in position 284753" N., 814341"
                                                                               W.; thence east to Point 3 in
                                                                               position 284753" N., 814319" W.;
                                                                               thence north to Point 4 in
                                                                               position 284759" N., 814319" W.;
                                                                               thence west back to origin.
27. 3rd Weekend of November......  Tavares Fall Thunder  Classic Race Boat    Lake Dora, Florida, waters 500
                                    Regatta.              Association.         yards seaward of Wooten Park.
28. 2nd Saturday of December.....  St. Johns River       St. Johns River      St. Johns River, Deland, Florida;
                                    Christmas Boat        Christmas Boat       Whitehair Bridge, Deland to Lake
                                    Parade.               Parade, Inc.         Beresford.
29. 2nd Saturday of December.....  Christmas Boat        Halifax River Yacht  Daytona Beach, Florida; Halifax
                                    Parade (Daytona       Club.                River from Seabreeze Bridge to
                                    Beach/Halifax                              Halifax Harbor Marina.
                                    River).
----------------------------------------------------------------------------------------------------------------
                                (f) COTP Zone Savannah; Special Local Regulations
----------------------------------------------------------------------------------------------------------------
1. May, 2nd weekend, Sunday......  Blessing of the       Knights of           Brunswick River from the start of
                                    Fleet--Brunswick.     Columbus--Brunswic   the East branch of the Brunswick
                                                          k.                   River (East Brunswick River) to
                                                                               the Golden Isles Parkway Bridge.
2. 3rd full weekend of July......  Augusta Southern      Augusta Southern     Savannah River, Augusta, Georgia,
                                    Nationals Drag Boat   Nationals.           from the US Highway 1 (Fifth
                                    Races.                                     Street) Bridge at mile 199.5 to
                                                                               Eliot's Fish Camp at mile 197.
3. Last weekend of September.....  Ironman 70.3........  Ironman............  All waters of the Savannah River
                                                                               encompassed within the following
                                                                               points: Starting at Point 1 in
                                                                               position 332844" N., 815753" W.;
                                                                               thence northeast to Point 2 in
                                                                               position 332850" N., 815750" W.;
                                                                               thence southeast to Point 3 in
                                                                               position 332751" N., 815536" W.;
                                                                               thence southwest to Point 4 in
                                                                               position 332747" N., 815543" W.;
                                                                               thence northwest back to origin.
4. 1st Saturday after              Savannah Harbor Boat  Westin Resort,       Savannah River, Savannah
 Thanksgiving Day in November.      Parade of Lights      Savannah.            Riverfront, Georgia, Talmadge
                                    and Fireworks.                             bridge to a line drawn at 146
                                                                               degrees true from Dayboard 62.

[[Page 293]]

 
5. 2nd Saturday of November......  Head of the South     Augusta Rowing Club  Savannah River, Augusta, Georgia;
                                    Regatta.                                   All waters within a moving zone,
                                                                               beginning at Daniel Island Pier
                                                                               in approximate position 325120"
                                                                               N., 0795406" W., South along the
                                                                               coast of Daniel Island, across
                                                                               the Wando River to Hobcaw Yacht
                                                                               Club, in approximate position
                                                                               324920" N., 0795349" W., South
                                                                               along the coast of Mt. Pleasant,
                                                                               S.C., to Charleston Harbor Resort
                                                                               Marina, in approximate position
                                                                               324720" N., 0795439" W. There
                                                                               will be a temporary Channel
                                                                               Closer from 0730 to 0815 on June
                                                                               01, 2013 between Wando River
                                                                               Terminal Buoy 3 (LLNR 3305), and
                                                                               Wando River Terminal Buoy 5 (LLNR
                                                                               3315). The zone will at all times
                                                                               extend 75 yards in front of the
                                                                               lead safety vessel preceding the
                                                                               first race participants; 75 yards
                                                                               behind the safety vessel trailing
                                                                               the last race participants; and
                                                                               at all times extending 100 yards
                                                                               on either side of the race
                                                                               participants and safety vessels.
----------------------------------------------------------------------------------------------------------------
                               (g) COTP Zone Charleston; Special Local Regulations
----------------------------------------------------------------------------------------------------------------
1. 2nd and 3rd weekend of April..  Charleston Race Week  Sperry Top-Sider...  Charleston Harbor and Atlantic
                                                                               Ocean, South Carolina, All waters
                                                                               encompassed within an 800 yard
                                                                               radius of position 324639" N.,
                                                                               795510" W., All waters
                                                                               encompassed within a 900 yard
                                                                               radius of position 324548" N.,
                                                                               795446" W., All waters
                                                                               encompassed within a 900 yard
                                                                               radius of position 324544" N.,
                                                                               795332" W.
2. 1st week of May...............  Low Country Splash..  Logan Rutledge.....  Wando River, Cooper River,
                                                                               Charleston Harbor, South
                                                                               Carolina, including the waters of
                                                                               the Wando River, Cooper River,
                                                                               and Charleston Harbor from Daniel
                                                                               Island Pier, in approximate
                                                                               position 325120" N., 0795406" W.,
                                                                               south along the coast of Daniel
                                                                               Island, across the Wando River to
                                                                               Hobcaw Yacht Club, in approximate
                                                                               position 324920" N., 0795349" W.,
                                                                               south along the coast of Mt.
                                                                               Pleasant, South Carolina, to
                                                                               Charleston Harbor Resort Marina,
                                                                               in approximate position 324720"
                                                                               N., 0795439" W., and extending
                                                                               out 150 yards from shore.
3. 2nd week of June..............  Beaufort Water        City of Beaufort...  Atlantic Intracoastal Waterway,
                                    Festival.                                  Bucksport, South Carolina; All
                                                                               waters of the Atlantic
                                                                               Intracoastal Waterway encompassed
                                                                               within the following points;
                                                                               starting at point 1 in position
                                                                               333911.5" N., 0790536.8" W.;
                                                                               thence west to point 2 in
                                                                               position 333912.2" N., 0790547.8"
                                                                               W.; thence south to point 3 in
                                                                               position 333839.5" N., 0790537.4"
                                                                               W.; thence east to point 4 in
                                                                               position 333842.3" N., 790530.6"
                                                                               W.; thence north back to origin.
4. 3rd week of September.........  Swim Around           Kathleen Wilson....  Wando River, main shipping channel
                                    Charleston.                                of Charleston Harbor, Ashley
                                                                               River, Charleston, South
                                                                               Carolina; A moving zone around
                                                                               all waters within a 75-yard
                                                                               radius around Swim Around
                                                                               Charleston participant vessels
                                                                               that are officially associated
                                                                               with the swim. The Swim Around
                                                                               Charleston swimming race consists
                                                                               of a 10-mile course that starts
                                                                               at Remleys Point on the Wando
                                                                               River in approximate position
                                                                               324849" N., 795427" W., crosses
                                                                               the main shipping channel of
                                                                               Charleston Harbor, and finishes
                                                                               at the General William B.
                                                                               Westmoreland Bridge on the Ashley
                                                                               River in approximate position
                                                                               325014" N., 800123" W.
5. 2nd week of November..........  Head of the South...  Augusta Rowing Club  Upper Savannah River mile marker
                                                                               199 to mile marker 196, Georgia.
6. 2nd week December.............  Charleston Harbor     City of Charleston.  Charleston harbor, South Carolina,
                                    Christmas Parade of                        from Anchorage A through Bennis
                                    Boats.                                     Reach, Horse Reach, Hog Island
                                                                               Reach, Town Creek Lower Reach,
                                                                               Ashley River, and finishing at
                                                                               City Marina.
----------------------------------------------------------------------------------------------------------------


[USCG-2007-0179, 73 FR 4461, Jan. 25, 2008, as amended by USCG-2013-
0272, 81 FR 38074, June 13, 2016]

[[Page 294]]



Sec.  100.713  Annual Harborwalk Boat Race; Sampit River, Georgetown, SC.

    (a) Definitions--(1) Regulated Area. The regulated area is formed by 
a line from:

33 deg.21.5 N, 079 deg.17.10 W, thence to
33 deg.21.7 N, 079 deg.16.8 W, thence along the shore to
33 deg.21.1 N, 079 deg.16.7 W, thence to
33 deg.21.1 N, 079 deg.16.9 W, thence back to
33 deg.21.5 N, 079 deg.17.10 W.


All coordinates referenced use datum: NAD 83.
    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the United States Coast 
Guard who has been designated by the Commander, Coast Guard Sector 
Charleston, Charleston, South Carolina.
    (b) Special local regulations. (1) Entry into the regulated area is 
prohibited to all nonparticipants.
    (2) After the termination of the Harborwalk Boat Race, and during 
intervals between scheduled events, at the discretion of the Coast Guard 
Patrol Commander all vessels may resume normal operations.
    (c) Effective Dates. This section is in effect from 12 p.m. and 
terminates at 5:30 p.m. EDT annually during the last Sunday of June.

[CGD07-96-015, 61 FR 29020, June 7, 1996, as amended by USCG-2006-25556, 
72 FR 36327, July 2, 2007]



Sec.  100.717  Annual Fort Myers Beach Offshore Grand Prix; Fort Myers, FL.

    (a) Regulated Area. The regulated area is formed by a line drawn 
from the start/finish position, at the Fort Myers Beach pier 
(26 deg.28.07 N, 81 deg.58.30 W), thence to position 26 deg.26.08 N, 
81 deg.55.29 W, thence to position 26 deg.24.76 N, 81 deg.54.68 W, 
thence to position 26 deg.23.74 N, 81 deg.55.10 W, thence to position 
26 deg.23.91 N, 81 deg.55.40 W, thence to position 26 deg.24.94 N, 
81 deg.55.24 W, thence to position 26 deg.26.93 N, 81 deg.58.53 W, 
thence to position 26 deg.27.32 N, 81 deg.58.16 W, thence back to the 
start/finish position, at the Fort Myers Beach pier (26 deg.28.07, 
81 deg.58.30 W). All coordinates referenced use datum: NAD 83.
    (b) Special local regulations. (1) No vessel may anchor shoreward of 
the shoreside boundaries of the regulated area, from 11 a.m. to 3 p.m. 
edt.
    (2) Spectator craft will be permitted to anchor seaward of the 
seaside boundaries of the regulated area, in the spectator area formed 
by a line drawn from the position 29 deg.26.54 N, 81 deg.58.12 W, 
thence to position 28 deg.25.06 N, 81 deg.55.42 W, thence to position 
26 deg.24.45 N, 81 deg.55.50 W, thence to position 26 deg.26.54 N, 
81 deg.58.30 W, thence back to position 29 deg.26.54 N, 81 deg.58.12 
W, and in the spectator area formed by a line drawn from the position 
26 deg.25.06 N, 81 deg.54.18 W, thence to position 26 deg.23.47 N, 
81 deg.54.00 W, thence to position 25 deg.24.05 N, 81 deg.54.47 W, 
thence back to position 26 deg.25.06 N, 81 deg.54.18 W. All 
coordinates referenced use datum: NAD 83.
    (3) All vessel traffic, not involved with the Fort Myers Beach 
Offshore Grand Prix, exiting Matanzas Pass between 11 a.m. and 3 p.m. 
will exit the marked channel at Matanzas Pass Channel daybeacon 3 
(26 deg.25.9 N, 82 deg.58.2 W, LLNR 16365) and 4 (26 deg.26.1 N, 
82 deg.57.8 W, LLNR 16370), and shall proceed in a southwesterly 
direction seaward of the spectator area defined in paragraph (b)(2) of 
this section, taking action to avoid a close-quarters situation until 
finally past and clear of the racecourse. All coordinates referenced use 
datum: NAD 83.
    (4) All vessel traffic, not involved with the Fort Myers Beach 
Offshore Grand Prix, exiting Big Carlos Pass between 11 a.m. and 3 p.m. 
edt will exit the pass in a southwesterly direction seaward of the 
spectator area defined in paragraph (b)(2) of this section, taking 
action to avoid a close-quarters situation with the spectator craft 
until finally past and clear of the racecourse. All coordinates 
referenced use datum: NAD 83.
    (5) Entry into the regulated area shall be in accordance with this 
regulation. Spectator vessels shall stay seaward of the seaside legs of 
the racecourse at all times in the spectator areas defined in paragraph 
(b)(2) of this section.
    (c) Effective dates: This section is effective each day from 11 a.m. 
through 3

[[Page 295]]

p.m. EDT annually during the third Saturday and Sunday of May.

[CGD07-96-005, 61 FR 28503, June 5, 1996, as amended by CGD07-97-010, 62 
FR 26745, May 15, 1997]



Sec.  100.718  Annual Suncoast Kilo Run; Sarasota Bay, Sarasota, FL.

    (a) Regulated area. The regulated area is established in Sarasota 
Bat with the northwest corner point at Whale Key, position 27 deg.2353" 
N, 82 deg.3746" W, extending to the northeast corner point at Bayshore 
Gardens Channel, position 27 deg.2511" N, 82 deg.3545" W, extending to 
the southeast corner point at Whitaker Bayou, position 27 deg.2122" N, 
82 deg.3314" W, and then to the southwest corner point at Quick Point, 
position 27 deg.2018" N, 82 deg.3436" W. All coordinates referenced 
use datum: NAD 83.
    (b) Special local regulations. (1) In accordance with these 
regulations, the regulated area is designated as a ``no wake'' zone. 
Spectator craft are permitted into the area, but are prohibited from 
entering the race course areas described in (b)(2) of this section.
    (2) Inside the ``no wake'' zone are two designated areas surrounding 
the primary and alternate race courses. Primary course ``A'' is bounded 
by a line connecting the northeast corner point at position 
27 deg.2210" N, 82 deg.3609" W, a southeast corner point at position 
27 deg.2131" N, 82 deg.3537" W, a southwest corner point at position 
27 deg.2127" N, 82 deg.3548" W, and a northwest corner point at 
position 27 deg.2205" N, 82 deg.3616" W. Alternate course ``B'' is 
bounded by a line connecting the northeast corner point at position 
27 deg.2311" N, 82 deg.3431" W, a southeast corner point at position 
27 deg.2235" N, 82 deg.3403" W, a southwest corner point at position 
27 deg.2231" N, 82 deg.3408" W, and a northwest corner point at 
position 27 deg.2309" N, 82 deg.3438" W. All coordinates referenced 
use datum: NAD 83.
    (3) Entry into the regulated area shall be in accordance with this 
regulation.
    (c) Effective date. This section is effective at 8 a.m. and 
terminates at 1 p.m. EDT, annually during the first Friday of July.

[CGD07-96-008, 61 FR 32334, June 24, 1996]



Sec.  100.720  Special Local Regulations; Suncoast Super Boat
Grand Prix, Gulf of Mexico; Sarasota, FL.

    (a) Regulated areas. The following regulated areas are established 
as special local regulations. All coordinates are North American Datum 
1983.
    (1) Race area. All waters of the Gulf of Mexico contained within the 
following points: 27 deg.18.19 N., 82 deg.34.29 W., thence to position 
27 deg.17.42 N., 82 deg.35.00 W., thence to position 27 deg.18.61 N., 
82 deg.36.59 W., thence to position 27 deg.19.58 N., 82 deg.35.54 W., 
thence back to the original position 27 deg.18.19 N., 82 deg.34.29 W.
    (2) Spectator area. All waters of Gulf of Mexico no less than 500 
yards from the race area and/or as agreed upon by the Coast Guard and 
race officials.
    (3) Enforcement area. All waters of the Gulf of Mexico encompassed 
within the following points: 27 deg.17.87 N., 82 deg.33.93 W., thence 
to position 27 deg.16.61 N., 82 deg.34.69 W., thence to position 
27 deg.18.53 N., 82 deg.37.52 W., thence to position 27 deg.20.04 N., 
82 deg.35.76 W., thence back to the original position 27 deg.17.87 N., 
82 deg.33.93 W.
    (b) Definition. The term ``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 St. Petersburg in the enforcement of the regulated areas.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the race 
area unless an authorized race participant.
    (2) Designated representatives may control vessel traffic throughout 
the enforcement area as determined by the prevailing conditions.
    (3) All vessels are to be anchored and/or operate at a No Wake Speed 
in the spectator area. On-scene designated representatives will direct 
spectator vessels to the spectator area.
    (4) All vessel traffic not involved with the event shall enter and 
exit Sarasota Bay via Big Sarasota Pass and stay well clear of the 
enforcement area.
    (5) New Pass will be closed to all inbound and outbound vessel 
traffic at

[[Page 296]]

the COLREGS Demarcation Line. Vessels are allowed to utilize New Pass to 
access all areas inland of the Demarcation Line via Sarasota Bay. New 
Pass may be opened at the discretion of the Captain of the Port.
    (6) Persons and vessels may request authorization to enter, transit 
through, anchor in, or remain within the regulated areas by contacting 
the Captain of the Port St. Petersburg by telephone at (727) 824-7506, 
or a designated representative via VHF radio on channel 16. If 
authorization is granted by the Captain of the Port St. Petersburg or a 
designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port St. Petersburg or a designated representative.
    (d) Enforcement date. This section will be enforced annually the 
first Friday, Saturday, and Sunday of July from 10 a.m. to 5 p.m. EDT 
daily.

[USCG-2015-0216, 80 FR 50767, Aug. 21, 2015]



Sec.  100.721  Special Local Regulations; Clearwater Super Boat
National Championship, Gulf of Mexico; Clearwater Beach, FL.

    (a) Regulated Areas. The following regulated areas are established 
as special local regulations. All coordinates are North American Datum 
1983.
    (1) Race Area. All waters of the Gulf of Mexico contained within the 
following points: 27 deg.58.67 N, 82 deg.50.32 W, thence to position 
27 deg.58.60 N, 82 deg.49.98 W, thence to position 28 deg.00.88 N, 
82 deg.50.35 W, thence to position 28 deg.00.80 N, 82 deg.49.90 W, 
thence back to the original position, 28 deg.58.67 N, 82 deg.50.32 W.
    (2) Spectator Area. All waters of Gulf of Mexico seaward no less 
than 150 yards from the race area and as agreed upon by the Coast Guard 
and race officials.
    (3) Enforcement Area. All waters of the Gulf of Mexico encompassed 
within the following points: 28 deg.58.67 N, 82 deg.50.62 W, thence to 
position 28 deg.00.95 N, 82 deg.49.75 W, thence to position 
27 deg.58.53 N, 82 deg.50.53 W, thence to position 27 deg.58.38 N, 
82 deg.49.88 W, thence back to position 28 deg.58.67 N, 82 deg.50.62 
W.
    (b) Definition. The term ``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 St. Petersburg in the enforcement of the regulated areas.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the Race 
Area unless an authorized race participant.
    (2) Designated representatives may control vessel traffic throughout 
the enforcement area as determined by the prevailing conditions.
    (3) All vessels are to be anchored and/or operate at a No Wake Speed 
in the spectator area. On-scene designated representatives will direct 
spectator vessels to the spectator area.
    (4) Persons and vessels may request authorization to enter, transit 
through, anchor in, or remain within the regulated areas by contacting 
the Captain of the Port St. Petersburg by telephone at (727) 824-7506, 
or a designated representative via VHF radio on channel 16. If 
authorization is granted by the Captain of the Port St. Petersburg or a 
designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port St. Petersburg or a designated representative.
    (d) Enforcement Date. This section will be enforced annually from 
approximately 10 a.m. to 5 p.m. EDT daily the last Saturday and Sunday 
of September.

[USCG-2014-0657, 80 FR 3882, Jan. 26, 2015]



Sec.  100.722  Special Local Regulations; Bradenton Area Riverwalk
Regatta,
Manatee River; Bradenton, FL.

    (a) Regulated Areas. The following regulated areas are established 
as special local regulations. All coordinates are North American Datum 
1983.
    (1) Enforcement Area 1. All waters of the Manatee River between the 
Green Bridge and the CSX Train Trestle contained within the following 
points: 27 deg.30.73 N, 82 deg.34.37 W, thence to position 
27 deg.30.73 N, 82 deg.34.13 W, thence to position 27 deg.29.97 N, 
82 deg.34.27 W, thence to position 27 deg.29.59 N, 82 deg.34.07 W, 
thence back to the original position, 27 deg.30.73 N, 82 deg.34.37 W.

[[Page 297]]

    (2) Enforcement Area 2. All waters of the Manatee River contained 
within the following points: 27 deg.30.58 N, 82 deg.34.62 W, thence to 
position 27 deg.30.58 N, 82 deg.34.43 W, thence to position 
27 deg.30.43 N, 82 deg.34.43 W, thence to position 27 deg.30.43 N, 
82 deg.34.62 W, thence back to the original position, 27 deg.30.58 N, 
82 deg.34.62 W.
    (b) Definition. The term ``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 St. Petersburg in the enforcement of the regulated areas.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated areas unless an authorized race participant.
    (2) Designated representatives may control vessel traffic throughout 
the regulated areas as determined by the prevailing conditions.
    (3) Persons and vessels may request authorization to enter, transit 
through, anchor in, or remain within the regulated areas by contacting 
the Captain of the Port St. Petersburg by telephone at (727) 824-7506, 
or a designated representative via VHF radio on channel 16. If 
authorization is granted by the Captain of the Port St. Petersburg or a 
designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port St. Petersburg or a designated representative.
    (d) Enforcement Date. This section will be enforced annually from 11 
a.m. to 7:30 p.m. on the first Saturday of February.

[USCG-2014-0905, 80 FR 4498, Jan. 28, 2015]



Sec.  100.724  Annual Augusta Invitational Rowing Regatta;
Savannah River, Augusta, GA.

    (a) Definitions. (1) Regulated area. The regulated area is formed by 
a line drawn directly across the Savannah River at U.S. Highway 1 (Fifth 
Street) Bridge at mile marker 199.45 and directly across the Savannah 
River at Eliot's Fish Camp at mile marker 197. The regulated area 
includes the width of the Savannah River between these two lines.
    (2) Coast Guard Patrol Commander. The Coast Guard patrol Commander 
is a commissioned, warrant, or petty officer of the Coast Guard who been 
designated by the Commander, Coast Guard Sector Charleston, SC.
    (b) Special local regulations. (1) Entry into the regulated area is 
prohibited to all non-participants.
    (2) After the termination of the Invitational Rowing Regatta each 
day, and during intervals between scheduled events, at the discretion of 
the Coast Guard Patrol Commander, all vessels may resume normal 
operations.
    (c) Effective dates. This section is effective at 7 a.m. and 
terminates at 5 p.m. local time annually, on Thursday, Friday, Saturday 
and Sunday of the third weekend of March.

[CGD07-96-063, 62 FR 7937, Feb. 21, 1997, as amended by USCG-2006-25556, 
72 FR 36327, July 2, 2007]



Sec.  100.728  Special Local Regulations; Hurricane Offshore Classic,
St. Petersburg, FL.

    (a) Regulated area. The regulated area is formed by a line drawn 
from position 27 deg.46.9" N, 082 deg.37.45" W (onshore at North Shore 
Park) east southeast to position 27 deg.46.39" N, 082 deg.32.65" W; 
thence due south to position 27 deg.44.67" N, 082 deg.32.65" W; thence 
due west to position 27 deg.44.67" N, 082 deg.37.45" W (onshore just 
south of Lassing Park). All coordinates referenced use Datum: NAD 83.
    (b) Special local regulations. (1) Entry into the regulated area by 
other than event participants is prohibited unless authorized by the 
patrol commander designated by Coast Guard Sector St. Petersburg, 
Florida.
    (2) Spectator craft will be permitted near the race area, but will 
be required to stay clear of the race lanes. Anchoring for spectator 
craft is permitted north of the northern straightaway and south of the 
southern straightaway, but only in the designated spectator area between 
27 deg.46.62N, 082 deg.37.00W to 27 deg.46.80N, 082 deg.34.72W and 
27 deg.46.52N, 082 deg.37.00W to 27 deg.46.70N, 082 deg.34.72W for the 
northern area and 27 deg.46.25N, 082 deg.37.00W to 27 deg.45.90N, 
082 deg.34.72W and 27 deg.46.15N, 082 deg.37.00W to 27 deg.45.80N,

[[Page 298]]

082 deg.34.72W for the southern area. All coordinates referenced use 
Datum: NAD 83. No anchoring will be permitted west of turns 1 and 4 nor 
west of turns 2 and 3, from 10 a.m. to 6 p.m. EDT.
    (3) All vessel traffic, not involved in the Hurricane Offshore 
Classic, entering or exiting the Vinoy Basin between 10 a.m. and 6 p.m. 
EDT must transit around the racecourse, taking action to avoid a close-
quarters situation until finally past and clear of the racecourse. All 
vessel traffic, not involved with the Hurricane Offshore Classic, 
transiting the area off Coffeepot Bayou, The Pier, and Bayboro Harbor 
should exercise extra caution and take action to avoid a close-quarters 
situation until finally past and clear of the racecourse.
    (4) Entry into the regulated area shall be in accordance with this 
section. Spectator vessels will at all times stay in the spectator areas 
defined in paragraph (b)(2) of this section.
    (c) Effective Dates: This regulation is effective annually at 10 
a.m. and terminates at 6 p.m. EDT on the third Saturday and Sunday of 
August.

[CGD07-97-031, 62 FR 43641, Aug. 15, 1997, as amended by USCG-2006-
25556, 72 FR 36327, July 2, 2007]



Sec.  100.729  Columbus Day Regatta, Biscayne Bay, Miami, FL.

    (a) Regulated area. A regulated area is established for the Columbus 
Day Regatta, Biscayne Bay, Miami, Florida. The regulated area 
encompasses all waters within the following points:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
254324" N.................................  0801230" W
254324" N.................................  0801030" W
253300" N.................................  0801130" W
253300" N.................................  0801554" W
254000" N.................................  0801500" W
------------------------------------------------------------------------

    (b) Definitions. Coast Guard Patrol Commander means a commissioned, 
warrant, or petty officer of the Coast Guard who has been designated by 
Commanding Officer, Coast Guard Station Miami Beach.
    (c) Special Local Regulations. (1) Entry into the regulated area by 
non-participant persons or vessels is prohibited unless authorized by 
the Coast Guard Patrol Commander.
    (2) At the completion of scheduled races and exhibitions, and 
departure of participants from the regulated area, the Coast Guard 
Patrol Commander may permit traffic to resume normal operations.
    (3) Between scheduled racing events, the Coast Guard Patrol 
Commander may permit traffic to resume normal operations for a limited 
time.
    (4) A succession of not fewer than 5 short whistle or horn blasts 
from a Coast Guard patrol vessel will be the signal for any and all 
vessels to take immediate steps to avoid collision.
    (d) Enforcement periods. This rule will be enforced from 10 a.m. 
until 5 p.m. Saturday and Sunday during the second weekend in October 
(Columbus Day weekend).

[CGD07-04-120, 69 FR 61444, Oct. 19, 2004]



Sec.  100.732  Annual River Race Augusta; Savannah River, Augusta GA.

    (a) Definitions:
    (1) Regulated Area. The regulated area is formed by a line drawn 
directly across the Savannah River at the U.S. Highway 1 Bridge at mile 
marker 199 and directly across the Savannah River at mile marker 197. 
The regulated area would encompass the width of the Savannah River 
between these two lines.
    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the Coast Guard who has 
been designated by the Commander, Coast Guard Sector Charleston, South 
Carolina.
    (b) Special Local Regulations. (1) Entry into the regulated area is 
prohibited to all non-participants.
    (2) After termination of the River Race Augusta each day, and during 
intervals between scheduled events, at the discretion of the Coast Guard 
Patrol Commander, all vessels may resume normal operations.
    (3) The Captain of the Port Charleston will issue a Marine Safety 
Information Broadcast Notice to Mariners to notify the maritime 
community of the special local regulations and the restrictions imposed.
    (c) Dates. These regulations become effective annually from 7 a.m. 
to 5 p.m. EDT each day, on the third Friday, Saturday and Sunday of May, 
unless

[[Page 299]]

otherwise specified in the notice to mariners.

[CGD07-98-013, 63 FR 26454, May 13, 1998, as amended by USCG-2006-25556, 
72 FR 36327, July 2, 2007]



Sec.  100.734  Annual Gasparilla Marine Parade; Hillsborough Bay,
Tampa, FL.

    (a) Regulated Area. A regulated area is established consisting of 
all waters of Hillsborough Bay and its tributaries north of 
27 deg.5118" north latitude and south of the John F. Kennedy Bridge. 
The regulated area includes the following in their entirety: 
Hillsborough Cut ``D'' Channel, Seddon Channel, and the Hillsborough 
River south of the John F. Kennedy Bridge. All coordinates referenced 
use datum: NAD 83.
    (b) Special local regulations.
    (1) Entrance into the regulated area is prohibited to all commercial 
marine traffic from 9 a.m. to 2:30 p.m. EST on the day of the event.
    (2) The regulated area is a ''no wake`` zone.
    (3) All vessels within the regulated area shall stay 50 feet away 
from and give way to all officially entered vessels in parade formation 
in the Gasparilla Marine Parade.
    (4) When within the marked channels of the parade route, vessels 
participating in the Gasparilla Marine Parade may not exceed the minimum 
speed necessary to maintain steerage.
    (5) Jet skis and vessels without mechanical propulsion are 
prohibited from the parade route.
    (6) Northbound vessels in excess of 80 feet in length without 
mooring arrangements made prior to the date of the event are prohibited 
from entering Seddon Channel unless the vessel is officially entered in 
the Gasparilla Marine Parade. All northbound vessels in excess of 80 
feet without prior mooring arrangements and not officially entered in 
the Gasparilla Marine Parade must use the alternate route through 
Sparkman Channel.
    (7) Vessels not officially entered in the Gasparilla Marine Parade 
may not enter the Parade staging area box within the following 
coordinates: 27 deg.5353" N 082 deg.2747" W 27 deg.5322" N 
082 deg.2710" W 27 deg.5236" N 082 deg.2755" W 27 deg.5302" N 
082 deg.2831" W
    (c) Enforcement period. This section will be enforced from 9 a.m. 
until 2:30 p.m. EST, annually on the last Saturday in the month of 
January.

[CGD07-05-156, 71 FR 76153, Dec. 20, 2006]



Sec.  100.736  Annual Fort Myers Beach air show; Fort Myers Beach, FL.

    (a)(1) Regulated Area. The regulated area is formed by the following 
coordinates; point 1: 26 deg.2808" N, 81 deg.5915" W south to point 2: 
26 deg.2737" N, 81 deg.5939" W east to point 3: 26 deg.2545" N, 
81 deg.5534" W north to point 4: 26 deg.2614" N, 81 deg.5522" W and 
west along the contour of the shore to point 5: 26 deg.2752" N, 
81 deg.5804" W to original point 1: 26 deg.2808" N, 81 deg.5915" W. 
All coordinates referenced use datum: NAD 83.
    (2) Air Box Area. The air box area is contained within the regulated 
area and is formed by the following coordinates; point 1: 26 deg.2734" 
N, 81 deg.5822" W south to point 2: 26 deg.2707" N, 81 deg.5839" W 
east to point 3: 26 deg.2615" N, 81 deg.5636" W north to point 4: 
26 deg.2642" N, 81 deg.5622" W and west to original point 1: 
26 deg.2734" N, 81 deg.5822" W. All coordinates referenced use datum: 
NAD 83.
    (b) Special local regulations. (1) Vessels and persons are 
prohibited from entering the air box area defined in paragraph (a)(2) of 
this section.
    (2) No vessel may anchor/moor or transit within the regulated area 
defined in paragraph (a)(1) of this section, with the exception of 
vessel transit permitted in the marked channel as set forth in paragraph 
(b)(3) of this section.
    (3) Vessels entering and exiting Matanzas Pass Channel will be 
allowed to transit using the marked channel only at Matanzas Pass 
Channel day beacon 3 (26 deg.2554" N, 82 deg.5812" W, LLNR 16365) and 
4 (26 deg.2606" N, 82 deg.5748" W, LLNR 16370) but may not linger 
within the regulated area. All coordinates referenced use datum: NAD 83.
    (c) Dates. This section will be enforced annually on the second 
consecutive Friday, Saturday, and Sunday of May from 8:30 a.m. until 
4:30 p.m.

[CGD07-05-012, 70 FR 29197, May 20, 2005]

[[Page 300]]



Sec.  100.740  Annual Offshore Super Series Boat Race; 
Fort Myers Beach, FL.

    (a) Regulated area. (1) The regulated area is formed by the 
following coordinates; point 1: 26 deg.2743"N, 81 deg.5822"W south to 
point 2: 26 deg.2705"N, 81 deg.5837"W east to point 3: 26 deg.2539"N, 
81 deg.5546"W north to point 4: 26 deg.2614"N, 81 deg.5522"W and west 
to original point 1: 26 deg.2743"N, 81 deg.5822"W. All coordinates 
referenced use datum: NAD 83.
    (2) The spectator line is formed by the following coordinates; point 
1: 26 deg.2653"N, 81 deg.5827"W east to point 2: 26 deg.2532"N, 
81 deg.5357"W. All coordinates referenced use datum: NAD 83.
    (b) Special local regulations. (1) Non-participant vessels and 
persons are prohibited from entering the regulated area as defined in 
paragraph (a)(1) of this section.
    (2) All vessel entering and exiting Matanzas Pass Channel shall 
proceed cautiously and take early action to avoid close-quarters 
situations until finally past and clear of the regulated area.
    (3) Anchoring is only permitted seaward of the spectator line as 
defined in paragraph (a)(2) of this section.
    (c) Enforcement Dates. This section will be enforced annually from 
10 a.m. to 5 p.m. EDT on the second consecutive Saturday and Sunday of 
June.

[CGD 07-05-019, 70 FR 34659, June 15, 2005]



Sec.  100.801  Annual Marine Events in the Eighth Coast Guard District.

    The following regulations apply to the marine events listed in Table 
1 of this section. These regulations will be effective annually, for the 
duration of each event listed in Table 1. Annual notice of the exact 
dates and times of the effective period of the regulation with respect 
to each event, the geographical area, and details concerning the nature 
of the event and the number of participants and type(s) of vessels 
involved will also be published in local notices to mariners. Sponsors 
of events listed in Table 1 of this section must submit an application 
each year in accordance with 33 CFR 100.15.
    (a) The Coast Guard may patrol the event area under the direction of 
a designated Coast Guard Patrol Commander. The Patrol Commander may be 
contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM.''
    (b) All persons and vessels not registered with the sponsor as 
participants or official patrol vessels are considered spectators. The 
``official patrol vessels'' consist of any Coast Guard, state or local 
law enforcement and sponsor provided vessels assigned or approved by the 
Commander, Eighth Coast Guard District, to patrol the event.
    (c) Spectator vessels desiring to transit the regulated area may do 
so only with prior approval of the Patrol Commander and when so directed 
by that officer and will be operated at a no wake speed in a manner 
which will not endanger participants in the event or any other craft.
    (d) No spectator shall anchor, block, loiter, or impede the through 
transit of participants or official patrol vessels in the regulated area 
during the effective dates and times, unless cleared for entry by or 
through an official patrol vessel.
    (e) The Patrol Commander may forbid and control the movement of all 
vessels in the regulated area. When hailed or signaled by an official 
patrol vessel, a vessel shall come to an immediate stop and comply with 
the directions given. Failure to do so may result in expulsion from the 
area, citation for failure to comply, or both.
    (f) Any spectator vessel may anchor outside the regulated area 
specified in Table 1 of this section, but may not anchor in, block, or 
loiter in a navigable channel.
    (g) The Patrol Commander may terminate the event or the operation of 
any vessel at any time it is deemed necessary for the protection of life 
or property.
    (h) The Patrol Commander will terminate enforcement of the special 
regulations at the conclusion of the event.
    (i) In Table 1 to this section, where a regulated area is described 
by reference to miles of a river, channel or lake, the regulated area 
includes all waters between the indicated miles as defined by lines 
drawn perpendicular to shore passing through the indicated points.
    (j) In Table 1 to this section, where alternative dates are 
described (``third

[[Page 301]]

or fourth Saturday''), the exact date and times will be advertised by 
the Coast Guard through Local Notices to Mariners and Broadcast Notices 
to Mariners.

       Table 1 of Sec.   100.801--Ohio Valley Captain of the Port Zone Annual and Recurring Marine Events
----------------------------------------------------------------------------------------------------------------
                Date                        Event/sponsor         Ohio Valley location        Regulated area
----------------------------------------------------------------------------------------------------------------
1. The first Saturday in April......  University of Charleston  Charleston, WV.........  Kanawha River, Mile
                                       Rowing/West Virginia                               59.9-61.4 (West
                                       Governor's Cup Regatta.                            Virginia).
2. 1 day--During the last week of     Kentucky Derby Festival/  Louisville, KY.........  Ohio River, Mile 596.0-
 April or first week of May.           Belle of Louisville                                604.3 (Kentucky).
                                       Operating Board/Great
                                       Steamboat Race.
3. 1 day--Third or fourth weekend in  REV3/REV3 Triathlon.....  Knoxville, TN..........  Tennessee River, Mile
 May.                                                                                     646.0-649.0
                                                                                          (Tennessee).
4. 1 day--Third weekend in May......  World Triathlon           Chattanooga, TN........  Tennessee River, Mile
                                       Corporation/IRONMAN                                463.0-466.0
                                       70.3.                                              (Tennessee).
5. 1 day--Second weekend in June....  Chattanooga Parks and     Chattanooga, TN........  Tennessee River, Mile
                                       Rec/Chattanooga River                              464.0-469.0
                                       Rats Open Water Swim.                              (Tennessee).
6. 1 day--Third or fourth weekend in  Greater Morgantown        Morgantown, WV.........  Monongahela River, Mile
 June.                                 Convention and Visitors                            101.0-102.0 (West
                                       Bureau/Mountaineer                                 Virginia).
                                       Triathlon.
7. 2 days--First weekend of June....  Kentucky Drag Boat        Pisgah Bay, KY.........  Tennessee River, Mile
                                       Association.                                       30.0 (Kentucky).
8. 1 day--One of the first two        Green Umbrella/Ohio       Cincinnati, OH.........  Ohio River, Mile 459.5-
 weekends in August.                   River Paddlefest.                                  470.2 (Ohio and
                                                                                          Kentucky).
9. 1 day--Fourth or fifth Sunday in   Green Umbrella/Great      Cincinnati, OH.........  Ohio River, Mile 469.8-
 September.                            Ohio River Swim.                                   470.2 (Ohio and
                                                                                          Kentucky).
10. 1 day--One of the last two        Ohio River Open Water     Prospect, KY...........  Ohio River, Mile 588.0-
 weekends in September.                Swim.                                              590.0 9 (Kentucky).
11. 2 days--Second or third weekend   Louisville Dragon Boat    Louisville, KY.........  Ohio River, Mile 603.0-
 in September.                         Festival.                                          603.5 (Kentucky).
12. 1 day--Third or fourth Sunday of  Tucson Racing/Cincinnati  Cincinnati, OH.........  Ohio River, Mile 469.3-
 July.                                 Triathlon.                                         470.2 (Ohio).
13. 2 days--First weekend of July...  Kentucky Drag Boat        Pisgah Bay, KY.........  Tennessee River, Mile
                                       Association.                                       30.0 (Kentucky).
14. 1 day--Second weekend in July...  Bradley Dean/Renaissance  Florence, AL...........  Tennessee River, Mile
                                       Man Triathlon.                                     255.0-257.0 (Alabama).
15. 3 days--One of the first two      Madison Regatta, Inc./    Madison, IN............  Ohio River, Mile 555.0-
 weekends in July.                     Madison Regatta.                                   560.0 (Indiana).
16. 1 day--One of the last three      Louisville Race the       Louisville, KY.........  Ohio River, Mile 601.5-
 weekends in June.                     Bridge Triathlon.                                  603.0 (Kentucky).
17. 1 day--Fourth weekend in June...  Team Magic/Chattanooga    Chattanooga, TN........  Tennessee River, Mile
                                       Waterfront Triathlon.                              463.0-465.0
                                                                                          (Tennessee).
18. 1 day--Fourth weekend in July...  Team Magic/Music City     Nashville, TN..........  Cumberland River, Mile
                                       Triathlon.                                         190.0-192.0
                                                                                          (Tennessee).
19. 2 days--Last two weeks in July    Friends of the            Pittsburgh, PA.........  Allegheny River, Mile
 or first three weeks of August.       Riverfront Inc./                                   0.0-1.5
                                       Pittsburgh Triathlon                               (Pennsylvania).
                                       and Adventure Races.
20. 3 days--First week of August....  EQT Pittsburgh Three      Pittsburgh, PA.........  Ohio River, Mile 0.0-
                                       Rivers Regatta.                                    0.5, Allegheny River,
                                                                                          Mile 0.0-0.6, and
                                                                                          Monongahela River,
                                                                                          Mile 0.0-0.5
                                                                                          (Pennsylvania).
21. 2 days--First weekend of August.  Kentucky Drag Boat        Pisgah Bay, KY.........  Tennessee River, Mile
                                       Association.                                       30.0 (Kentucky).
22. 2 days--One of the last two       Captain Quarters Regatta  Louisville, KY.........  Ohio River, Mile 595.0-
 weekends in September.                                                                   597.0 (Kentucky).
23. 2 days--Second or third weekend   Norton Healthcare/        Louisville, KY.........  Ohio River, Mile 601.5-
 in October.                           Ironman Triathlon.                                 604.5 (Kentucky).
24. 2 days--Third full weekend        Ohio County Tourism/      Rising Sun, IN.........  Ohio River, Mile 504.0-
 (Saturday and Sunday) in August.      Rising Sun Boat Races.                             508.0 (Indiana and
                                                                                          Kentucky).
25. 1 day--Last weekend in August...  Tennessee Clean Water     Knoxville, TN..........  Tennessee River, Mile
                                       Network/Downtown Dragon                            647.0-649.0
                                       Boat Races.                                        (Tennessee).
26. 3 days--Third weekend in August.  Governors' Cup/UWP-IJSBA  Charleston, WV.........  Kanawha River, Mile
                                       National Championships.                            56.7-57.6 (West
                                                                                          Virginia).
27. 2 days--Fourth weekend in July..  Herd Racing LLC/          Huntington, WV.........  Ohio River, Mile 307.3-
                                       Huntington Classic.                                309.3 (West Virginia).
28. 2 days--Labor Day weekend.......  Wheeling Vintage Race     Wheeling, WV...........  Ohio River, Mile 090.4-
                                       Boat Association Ohio/                             091.5 (West Virginia).
                                       Wheeling Vintage
                                       Regatta.

[[Page 302]]

 
29. 2 days--Weekend before Labor Day  SUP3Rivers The Southside  Pittsburgh, PA.........  Monongahela River, Mile
                                       Outside.                                           0.0-3.09 Allegheny
                                                                                          River Mile 0.0-0.25
                                                                                          (Pennsylvania).
30. 1 day--Saturday before Labor Day  Wheeling Dragon Boat      Wheeling, WV...........  Ohio River, Mile 90.4-
                                       Race.                                              91.5 (West Virginia).
31. 1 day--First or second weekend    Cumberland River Compact/ Nashville, TN..........  Cumberland River, Mile
 in September.                         Cumberland River Dragon                            190.0-192.0
                                       Boat Festival.                                     (Tennessee).
32. 2 days--First or second weekend   State Dock/Cumberland     Jamestown, KY..........  Lake Cumberland
 in September.                         Poker Run.                                         (Kentucky).
33. 3 days--First or second weekend   Sailing for a Cure        Louisville, KY.........  Ohio River, Mile 601.0-
 in September.                         Foundation/SFAC Fleur                              604.0 (Kentucky).
                                       de Lis Regatta.
34. 1 day--Last weekend in September  World Triathlon           Chattanooga, TN........  Tennessee River, Mile
                                       Corporation/IRONMAN                                463.0-467.0
                                       Chattanooga.                                       (Tennessee).
35. 1 day--Second weekend in          City of Clarksville/      Clarksville, TN........  Cumberland River, Mile
 September.                            Clarksville Riverfest                              125.0-126.0
                                       Cardboard Boat Regatta.                            (Tennessee).
36. 2 days--First weekend of October  Three Rivers Rowing       Pittsburgh, PA.........  Allegheny River, Mile
                                       Association/Head of the                            0.0-4.0
                                       Ohio Regatta.                                      (Pennsylvania).
37. 1 day--First or second weekend    Lookout Rowing Club/      Chattanooga, TN........  Tennessee River, Mile
 in October.                           Chattanooga Head Race.                             464.0-467.0
                                                                                          (Tennessee).
38. 1 day--Third weekend in November  TREC-RACE/Pangorge......  Chattanooga, TN........  Tennessee River, Mile
                                                                                          444.0-455.0
                                                                                          (Tennessee).
39. 3 days--First weekend in          Atlanta Rowing Club/Head  Chattanooga, TN........  Tennessee River, Mile
 November.                             of the Hooch Rowing                                464.0-467.0
                                       Regatta.                                           (Tennessee).
40. One Saturday in June or July....  Paducah Summer Festival/  Paducah, KY............  Ohio River, Mile 934-
                                       Cross River Swim.                                  936 (Kentucky).
41. 1 day--During the last weekend    Louisville Metro          Louisville, KY.........  Ohio River, Mile 602.0-
 in May.                               Government/Mayor's                                 603.5 (Kentucky).
                                       Healthy Hometown Subway
                                       Fresh Fit, Hike, Bike
                                       and Paddle.
42. 3 days--One of the last three     Hadi Shrine/Evansville    Evansville, IN.........  Ohio River, Mile 791.0-
 weekends in June.                     Shriners Festival.                                 795.0 (Indiana).
43. 1 day--Second or third Saturday   Allegheny Mountain LMSC/  Pittsburgh, PA.........  Allegheny River, Mile
 in July.                              Search for Monongy.                                0.0-0.6
                                                                                          (Pennsylvania).
44. 1 day--During the first week of   Evansville Freedom        Evansville, IN.........  Ohio River, Mile 791.0-
 July.                                 Celebration/4th of July                            796.0 (Indiana).
                                       Freedom Celebration.
45. 1 day--First weekend in           Louisville Metro          Louisville, KY.........  Ohio River, Mile 602.0-
 September.                            Government/Mayor's                                 603.5 (Kentucky).
                                       Healthy Hometown Subway
                                       Fresh Fit, Hike, Bike
                                       and Paddle.
46. 2 days--One of the last three     Dare to Care/KFC Mayor's  Louisville, KY.........  Ohio River, Mile 601.0-
 weekends in July.                     Cup Paddle Sports Races/                           604.0 (Kentucky).
                                       Voyageur Canoe World
                                       Championships.
47. 3 days--Fourth weekend in August  Kentucky Drag Boat        Livermore, KY..........  Green River, Mile 70.0-
                                       Association/Thunder on                             71.5 (Kentucky).
                                       the Green.
48. 1 day--Fourth weekend in August.  Team Rocket Tri-Club/     Huntsville, AL.........  Tennessee River, Mile
                                       Rocketman Triathlon.                               333.0-334.5 (Alabama).
49. 3 days--One of the last three     Hadi Shrine/Owensboro     Owensboro, KY..........  Ohio River, Mile 755.0-
 weekends in September or first        Air Show.                                          759.0 (Kentucky).
 weekend in October.
50. 1 day--First Sunday in August...  HealthyHuntington.org/    Huntington, WV.........  Ohio River, Mile 307.3-
                                       St. Marys Tri-state                                308.3 (West Virginia).
                                       Triathlon.
51. 2 days--First Weekend in August.  Buckeye Outboard          Portsmouth, OH.........  Ohio River, Mile 355.3-
                                       Association/Portsmouth                             356.7 (Ohio).
                                       Challenge.
52. 1 day--Sunday before Labor Day..  Cincinnati Bell, WEBN,    Cincinnati, OH.........  Ohio River, Mile 464.0-
                                       and Proctor and Gamble/                            476.0 (Kentucky and
                                       Riverfest.                                         Ohio) and Licking
                                                                                          River Mile 0.0-3.0
                                                                                          (Kentucky).
53. Second Sunday in September......  Ohio River Sternwheel     Marietta, OH...........  Ohio River, Mile 170.5-
                                       Festival Committee                                 172.5 (Ohio).
                                       Sternwheel race
                                       reenactment.
54. Second Saturday in September....  Parkesburg Paddle Fest..  Parkersburg, WV........  Ohio River, Mile 184.3-
                                                                                          188 (West Virginia).
55. Three days during the fourth      New Martinsville Records  New Martinsville, WV...  Ohio River, Mile 128-
 weekend in September.                 and Regatta Challenge                              129 (West Virginia).
                                       Committee.
56. First weekend in July...........  Eddyville Creek Marina/   Eddyville, KY..........  Cumberland River, Mile
                                       Thunder Over Eddy Bay.                             46.0-47.0 (Kentucky).
57. First or second weekend of July.  Prizer Point Marina/4th   Cadiz, KY..............  Cumberland River, Mile
                                       of July Celebration.                               54.0-55.09 (Kentucky).
58. 2 days--Last weekend in May or    Visit Knoxville/Racing    Knoxville, TN..........  Tennessee River, Mile
 first weekend in June.                on the Tennessee.                                  647.0-648.0
                                                                                          (Tennessee).

[[Page 303]]

 
59. 1 day--First or second weekend    Riverbluff Triathlon....  Ashland City, TN.......  Cumberland River, Mile
 in August.                                                                               157.0-159.0
                                                                                          (Tennessee).
60. 2 days--First weekend in August.  POWERBOAT NATIONALS--     Ravenswood, WV.........  Ohio River, Mile 220.5-
                                       Ravenswood Regatta.                                221.5 (West Virginia).
61. 3 days--One of the last three     Lawrenceburg Regatta/     Lawrenceburg, IN.......  Ohio River, Mile 492.0-
 weekends in June.                     Whiskey City Regatta.                              496.0 (Indiana).
62. 2 days--One of the last three     Madison Vintage Thunder.  Madison, IN............  Ohio River, Mile 557.5-
 weekends in September.                                                                   558.5 (Indiana).
63. 1 day--Fourth weekend in October  Chattajack..............  Chattanooga, TN........  Tennessee River, Mile
                                                                                          463.7-464.5
                                                                                          (Tennessee).
64. 1 day--Third weekend in March...  Vanderbilt Invite.......  Nashville, TN..........  Cumberland River, Mile
                                                                                          189.0-192.0
                                                                                          (Tennessee).
65. 2 days--Last weekend in           Music City Head Race....  Nashville, TN..........  Cumberland River, Mile
 September.                                                                               190.5-195.0
                                                                                          (Tennessee).
66. 1 day--Last weekend in July.....  Music City SUP Race.....  Nashville, TN..........  Cumberland River, Mile
                                                                                          190.0-191.5
                                                                                          (Tennessee).
67. 3 days--Third weekend in June...  Thunder on the            Nashville, TN..........  Cumberland River, Mile
                                       Cumberland.                                        190.5-194.0
                                                                                          (Tennessee).
68. 3 days--Second weekend in May...  ACRA Henley.............  Nashville, TN..........  Cumberland River, Mile
                                                                                          189.0-193.0
                                                                                          (Tennessee).
69. 2 days--Third weekend in August.  Kittanning Riverbration   Kittanning, PA.........  Allegheny River, Mile
                                       Boat Races.                                        44.0-45.5
                                                                                          (Pennsylvania).
70. 2 days--Third Friday and          Thunder Over Louisville.  Louisville, KY.........  Ohio River, Mile 598.0-
 Saturday in April.                                                                       603.0 (Kentucky).
71. 3 days--One of the first two      Evansville HydroFest....  Evansville, IN.........  Ohio River, Mile
 weekends in September.                                                                   791.8.0-793.0.
----------------------------------------------------------------------------------------------------------------


          Table 2 of Sec.   100.801--Sector Upper Mississippi River Annual and Recurring Marine Events
----------------------------------------------------------------------------------------------------------------
                                                                Upper Mississippi River
                 Date                       Event/sponsor               location              Regulated area
----------------------------------------------------------------------------------------------------------------
1. 1 day--Third Saturday in May......  Clear Lake Chapter of    Quad Cities, IL........  Upper Mississippi River
                                        the ACBS/That was                                 mile marker 454.0 to
                                        then, This is Now Boat                            456.0 (Iowa).
                                        Show & Exhibition.
2. 1 day--Third Saturday in March....  Lake West Chamber of     Lake of the Ozarks, MO.  Lake of the Ozarks mile
                                        Commerce/St. Patrick's                            marker 5.0 to 10.0
                                        Water Parade.                                     (Missouri).
3. 1 day--Third Saturday in July.....  Marine Max/Aqua Plooza.  Lake of the Ozarks, MO.  Lake of the Ozarks Mile
                                                                                          marker 18.7 to 19.3
                                                                                          (Missouri).
4. 2 days--Third weekend in July.....  Champboat Series LLC/    Minneapolis, MN........  Upper Mississippi River
                                        Aquatennial Power Boat                            mile marker 854.8 to
                                        Grand Prix.                                       855.8 (Minnesota).
5. 2 days--Third weekend in June.....  Lake City Chamber of     Lake City, MN..........  Upper Mississippi River
                                        Commerce/Water Ski                                mile marker 772.4 to
                                        Days.                                             772.8 (Minnesota).
6. 2 days--First week of August......  River City Days          Red Wing, MN...........  Upper Mississippi River
                                        Association/River City                            mile marker 791.4 to
                                        Days.                                             791.8 (Minnesota).
7. 2 days--Second weekend of           St. Louis Drag Boat      New Athens, IL.........  Kaskaskia River mile
 September.                             Association/New Athens                            marker 28.0 to 29.0
                                        Drag Boat Race.                                   (Illinois).
8. 2 days--Third weekend in July.....  Havana Chamber of        Havana, IL.............  Illinois River mile
                                        Commerce/Havana Boat                              marker 120.3 to 119.7
                                        Races.                                            (Illinois).
9. 3 days--Third weekend in August...  K.C. Aviation Expo &     Kansas City, MO........  Missouri River mile
                                        Air Show/K.C. Aviation                            marker 366.3 to 369.8
                                        Expo & Air Show.                                  (Missouri).
10. 3 days a week from May 4th-        Twin City River Rats     Twin Cities, MN........  Upper Mississippi River
 September 30th.                        Organization/Twin City                            mile marker 855.4 to
                                        River Rats.                                       855.8 (Minnesota).
----------------------------------------------------------------------------------------------------------------


[[Page 304]]


             Table 3 of Sec.   100.801--Sector Houston-Galveston Annual and Recurring Marine Events
----------------------------------------------------------------------------------------------------------------
                                                                   Houston- Galveston
                 Date                       Event/sponsor               location              Regulated area
----------------------------------------------------------------------------------------------------------------
1. A Saturday evening within the       Yachty Gras............  Clear Lake, TX.........  Clear Creek Channel
 Mardi Gras Season (February or                                                           from approximate
 March).                                                                                  position Latitude
                                                                                          293316.8" N, Longitude
                                                                                          0950339.6" W in Clear
                                                                                          Lake thence east/
                                                                                          northeast in the Clear
                                                                                          Creek Channel to
                                                                                          approximate position
                                                                                          Latitude 293258.8" N,
                                                                                          Longitude 0950030.6" W
                                                                                          in Galveston Bay. (NAD
                                                                                          83).
2. A Saturday morning in April.......  Memorial Hermann         Galveston Bay, TX......  Galveston Bay within an
                                        Gateway to the Bay                                area beginning at
                                        Triathlon.                                        Latitude 293238.02" N,
                                                                                          Longitude 0950058.30"
                                                                                          W thence east to
                                                                                          Latitude 293246.73" N,
                                                                                          Longitude 0945950.36"
                                                                                          W, thence south to
                                                                                          Latitude 293236.98" N,
                                                                                          Longitude 0945950.32"
                                                                                          W, thence west to
                                                                                          293230.86" N,
                                                                                          Longitude 0950056.91"
                                                                                          W thence along the
                                                                                          shoreline to the point
                                                                                          of beginning. (NAD
                                                                                          83).
3. The 1st Sunday afternoon in May...  Blessing of the Fleet..  Clear Lake, TX.........  Clear Creek Channel
                                                                                          from approximate
                                                                                          position Latitude
                                                                                          293316.8" N, Longitude
                                                                                          0950339.6" W in Clear
                                                                                          Lake thence east/
                                                                                          northeast in the Clear
                                                                                          Creek Channel to
                                                                                          approximate position
                                                                                          Latitude 293258.8" N,
                                                                                          Longitude 0950030.6" W
                                                                                          in Galveston Bay. (NAD
                                                                                          83).
4. 3 days during the 1st weekend in    RiverFest Power Boat     Neches River, Port       Adjacent to Port Neches
 May (including partial weekends).      Races/Port Neches        Neches, TX.              Park--all waters of
                                        Chamber of Commerce.                              the Neches River
                                                                                          shoreline to shoreline
                                                                                          south of 300008" N and
                                                                                          west of 0935600" W
                                                                                          (NAD 83).
5. 2nd or 3rd weekend in September...  SPORT Power Boat Races/  Sabine River, Orange,    Adjacent to the Orange,
                                        City of Orange, TX       TX.                      TX public boat ramp--
                                        Convention/Visitors                               all waters of the
                                        Bureau.                                           Sabine River,
                                                                                          shoreline to
                                                                                          shoreline, south of
                                                                                          300533" N and north of
                                                                                          300545" N (NAD 83).
6. The 2nd Saturday night in December  Christmas Boat Parade    Clear Lake, TX.........  Clear Creek Channel
                                        on Clear Lake.                                    from approximate
                                                                                          position Latitude
                                                                                          293316.8" N, Longitude
                                                                                          0950339.6" W in Clear
                                                                                          Lake thence east/
                                                                                          northeast in the Clear
                                                                                          Creek Channel to
                                                                                          approximate position
                                                                                          Latitude 293258.8" N,
                                                                                          Longitude 0950030.6" W
                                                                                          in Galveston Bay. (NAD
                                                                                          83).
----------------------------------------------------------------------------------------------------------------


[[Page 305]]


               Table 4 of Sec.   100.801--Sector Corpus Christi Annual and Recurring Marine Events
----------------------------------------------------------------------------------------------------------------
                 Date                       Event/sponsor       Corpus Christi location       Regulated area
----------------------------------------------------------------------------------------------------------------
1. 2nd, 3rd or 4th Wednesday thru      Corpus Christi Yacht     Corpus Christi Bay,      All waters contained
 Sunday in April.                       Club/World Kite-         Corpus Christi, TX.      within 1-mile of McGee
                                        boarding Championship.                            Beach where
                                                                                          participants will race
                                                                                          through course
                                                                                          markers.
2. 2nd, 3rd or 4th Thursday thru       M.M.D. Communications    Corpus Christi Marina/   All waters inside the
 Saturday in April.                     Corporation/Texas        Corpus Christi, TX.      Corpus Christi Marina
                                        International Boat                                Breakwater, Corpus
                                        Show.                                             Christi, TX.
3. 2nd, 3rd or 4th Thursday thru       American Power Boat      Corpus Christi Bay,      All waters of the
 Saturday in April OR 1st or 2nd        Association/Power Boat   Corpus Christi, TX.      Corpus Christi Marina
 Thursday thru Saturday in May.         Races.                                            contained between the
                                                                                          People's Street T-Head
                                                                                          on the west, the
                                                                                          primary breakwater on
                                                                                          the east, the southern
                                                                                          boundary running from
                                                                                          the southernmost tip
                                                                                          of the People's Street
                                                                                          T-Head (approx 27-47-
                                                                                          43.4N 097-23-16W)
                                                                                          along a line running
                                                                                          due east to the
                                                                                          breakwater (approx 27-
                                                                                          47-43.8N 097-23-5.2W),
                                                                                          and the northern
                                                                                          boundary line running
                                                                                          from the northern most
                                                                                          tip of the secondary
                                                                                          breakwater (approx 27-
                                                                                          47-57N 097-23-21.7W)
                                                                                          and the end of the
                                                                                          primary breakwater
                                                                                          (approx 27-47-59.1N
                                                                                          097-23-9.5W).
4. 3rd or 4th Friday-Sunday in April.  Corpus Christi Yacht     Corpus Christi Bay,      All waters south of the
                                        Club/Port Aransas        Corpus Christi, TX.      Corpus Christi Ship
                                        Ladies Regatta.                                   Channel and 5-miles
                                                                                          East of the Corpus
                                                                                          Christi Marina.
5. 2nd, 3rd or 4th Thursday-Sunday in  Corpus Christi Yacht     Corpus Christi Bay,      All waters south of the
 May.                                   Club/Melges 24           Corpus Christi, TX.      Corpus Christi Ship
                                        Championship Regatta.                             Channel and 5-miles
                                                                                          East of the Corpus
                                                                                          Christi Marina.
6. 1st or 2nd Friday and Saturday in   Corpus Christi Yacht     Corpus Christi Bay,      All waters south of the
 June.                                  Club/Changes in          Corpus Christi, TX.      Corpus Christi Ship
                                        L'Attitude Regatta.                               Channel and 5-miles
                                                                                          East of the Corpus
                                                                                          Christi Marina.
7. 1st or 2nd Saturday and Sunday in   Corpus Christi Yacht     Corpus Christi Bay,      All waters south of the
 August.                                Club/Navy Regatta.       Corpus Christi, TX.      Corpus Christi Ship
                                                                                          Channel and 5-miles
                                                                                          East of the Corpus
                                                                                          Christi Marina.
8. 3rd or 4th Wednesday thru Saturday  Corpus Christi Yacht     Corpus Christi Bay,      All waters south of the
 in August.                             Club/Corpus Christi      Corpus Christi, TX.      Corpus Christi Ship
                                        Race Week.                                        Channel and 5-miles
                                                                                          East of the Corpus
                                                                                          Christi Marina.
9. 3rd or 4th Friday and Saturday in   Corpus Christi Yacht     Corpus Christi Bay,      All waters south of the
 September.                             Club/Bill Best Regatta.  Corpus Christi, TX.      Corpus Christi Ship
                                                                                          Channel and 5-miles
                                                                                          East of the Corpus
                                                                                          Christi Marina.
10. 1st Saturday in December.........  City of Corpus Christi/  Corpus Christi Marina/   All waters inside the
                                        Harbor Lights Boat       Corpus Christi, TX.      Corpus Christi Marina
                                        Parade.                                           Breakwater, Corpus
                                                                                          Christi, TX.
11. 1st or 2nd Friday and Saturday in  Aransas Pass Yacht Club/ Conn Brown Harbor/       All waters contained
 December.                              Christmas Lighted Boat   Aransas Pass, TX.        within Conn Brown
                                        Parade.                                           Harbor in Aransas
                                                                                          Pass, TX.
12. 1st or 2nd Friday and Saturday in  Padre Island Yacht Club/ Canals along the North   All waters along the
 December.                              La Posada Lighted Boat   Padre Island in Corpus   parade route contained
                                        Parade.                  Christi, TX.             within the North Padre
                                                                                          Island canals in
                                                                                          Corpus Christi, TX.
13. 1st or 2nd Friday thru Sunday in   Corpus Christi Yacht     Corpus Christi Bay,      All waters south of the
 December.                              Club/Frost Bite          Corpus Christi, TX.      Corpus Christi Ship
                                        Regatta.                                          Channel and 5-miles
                                                                                          East of the Corpus
                                                                                          Christi Marina.
14. 1st or 2nd Saturday and Sunday of  Ruff Riders Regatta/     ICWW from South Padre    ICWW from South Padre
 September.                             Galway Asset             Island to Corpus         Island to Corpus
                                        Management LLC.          Christi, TX.             Christi, TX.

[[Page 306]]

 
15. 1st or 2nd Saturday of December..  Port Isabel Annual       Port Isabel, Laguna      All waters within
                                        Lighted Boat Parade/     Madre, TX.               Laguna Madre from Port
                                        Port Isabel Chamber of                            Isabel and east to
                                        Commerce.                                         South Padre Island.
----------------------------------------------------------------------------------------------------------------


                Table 5 of Sec.   100.801--Sector New Orleans Annual and Recurring Marine Events
----------------------------------------------------------------------------------------------------------------
                 Date                       Event/sponsor         New Orleans location        Regulated area
----------------------------------------------------------------------------------------------------------------
1. The Monday before Mardi Gras......  Riverwalk Marketplace,   Mississippi River, New   Lower Mississippi
                                        Lundi Gras Boat Parade.  Orleans, LA.             River, Above Head of
                                                                                          Passes, from mile
                                                                                          marker 93 to 96,
                                                                                          extending the entire
                                                                                          width of the river in
                                                                                          the vicinity of the
                                                                                          Riverwalk, New
                                                                                          Orleans, LA.
2. One day during the last weekend of  Family Fun Festival      Larose, LA.............  In Bayou Lafourche,
 April.                                 Pirogue Race/Bayou                                race begins at LA HWY
                                        Civic Club.                                       657 (Lat: 293417.29"
                                                                                          N; Long: 0902258.60"
                                                                                          W) and ends at the
                                                                                          Larose Locks (Lat:
                                                                                          293406.20" N; Long:
                                                                                          0902226.50" W) Part of
                                                                                          Bayou Lafourche will
                                                                                          be closed for 30
                                                                                          minutes to vessel
                                                                                          traffic for race to
                                                                                          occur.
3. The 3rd Sunday in April...........  Blessing of the Shrimp   Chauvin, LA............  Starts at Bayou Petit
                                        Fleet/St. Joseph's                                Caillou (Lat:
                                        Catholic Church.                                  292743.84" N; Long:
                                                                                          0903519.50" W) and
                                                                                          continues to Lake
                                                                                          Boudreaux/Boudreaux
                                                                                          Canal (Lat: 292330.83"
                                                                                          N; Long: 0903813.64"
                                                                                          W).
4. The 1st weekend after Easter......  Blessing of the Fleet    Golden Meadow, LA......  Starts on Bayou
                                        and Boat Parade/Our                               Lafourche at Our Lady
                                        Lady of Prompt Succor                             of Prompt Succor
                                        Catholic Church.                                  Catholic Church (Lat:
                                                                                          292347.25" N; Long:
                                                                                          0901617.72" W) to the
                                                                                          Parish Limits (Lat:
                                                                                          292509.96" N; Long:
                                                                                          0901712.26" W) to the
                                                                                          end of Golden Meadow
                                                                                          Business District
                                                                                          (Lat: 292216.86" N;
                                                                                          Long: 0901532.46" W)
                                                                                          and returning to
                                                                                          starting point.
5. The 2nd Sunday after Easter.......  Grand Caillou Boat       Dulac, LA..............  Bayou Grand Caillou,
                                        Blessing/Holy Family                              Starts 292530.98" N,
                                        Church.                                           0904159.91" W; to
                                                                                          291442.13" N,
                                                                                          0904403.57" W; to
                                                                                          292215.44" N,
                                                                                          0904353.84" W; and
                                                                                          returning to starting
                                                                                          point.
6. Month of July.....................  Deep South Racing        Atchafalaya River at     Atchafalaya River,
                                        Association/Battle at    Butte La Rose, LA.       Butte La Rose, LA.
                                        the Butte.
7. Month of July or August...........  Battle of the Basin      Morgan City, LA........  Morgan City Port Allen
                                        Boat Races, Morgan                                Route at mile marker
                                        City, LA.                                         4.5, Morgan City, LA.
8. 1st weekend of September..........  LA Shrimp and Petroleum  Morgan City, LA........  Atchafalaya River at
                                        Festival Fleet                                    mile marker 118.5,
                                        Blessing, LA Shrimp                               Morgan City, LA.
                                        and Petroleum Festival
                                        and Fair Association.
9. Fri-Sun after Mardi Gras and the    Mardi Gras Regatta New   New Orleans, LA Lake     South Shore of Lake
 following Sat-Sun.                     Orleans Yacht Club.      Ponchartrain.            Ponchartrain, North
                                                                                          and Northwest of New
                                                                                          Canal Entrance.

[[Page 307]]

 
10. Wednesday evenings during          Wednesday Night Racing   New Orleans, LA Lake     South Shore of Lake
 Daylight Saving Time.                  Series Southern Yacht    Ponchartrain.            Ponchartrain, from
                                        Club, New Orleans                                 West End east to the
                                        Yacht Club, Corinthian                            ``J'' mark.
                                        Sailing Association.
11. Friday evenings during Daylight    Friday Night Twilight    New Orleans, LA Lake     South Shore of Lake
 Saving Time.                           Series Southern Yacht    Ponchartrain.            Ponchartrain, within 1
                                        Club.                                             NM of New Canal
                                                                                          entrance.
12. Memorial Day Weekend or last       Juby Wynne One Design    New Orleans, LA Lake     South shore of Lake
 weekend in May.                        Regatta Southern Yacht   Ponchartrain.            Ponchartrain, 4 or 5
                                        Club.                                             race courses, North of
                                                                                          New Canal, in the
                                                                                          vicinity of the SYC
                                                                                          Fixed Marks circle.
13. Memorial Day (Monday)............  Defenders Challenge      New Orleans, LA Lake     South shore of Lake
                                        Southern Yacht Club.     Ponchartrain.            Ponchartrain, within 1
                                                                                          NM of the entrance to
                                                                                          New Canal.
14. Last full weekend of October.....  Lake Ponchartrain        New Orleans, LA Lake     Lake Ponchartrain, East
                                        Racing Circuit           Ponchartrain.            of the Causeway
                                        Southern Yacht Club,                              Bridge. Races occur on
                                        New Orleans Yacht                                 both North and South
                                        Club, Ponchartrain                                Shores, and one race
                                        Yacht Club, Tammany                               runs across the lake.
                                        Yacht Club.
15. First full weekend of November...  Southern Soiland Cup     New Orleans, LA Lake     South Shore of Lake
                                        Southern Yacht Club.     Ponchartrain.            Ponchartrain, within 1
                                                                                          NM of the entrance to
                                                                                          New Canal.
16. Weekend before Thanksgiving......  Great Oaks               New Orleans, LA Lake     South Shore of Lake
                                        Interscholastic          Ponchartrain.            Ponchartrain, within 1
                                        Regatta Southern Yacht                            NM of the entrance to
                                        Club & Interscholastic                            New Canal.
                                        Sailing Association.
17. Thanksgiving Day, Friday &         US Optimist Dinghy Mid-  New Orleans, LA Lake     South shore of Lake
 Saturday after Thanksgiving.           Winter Championship      Ponchartrain.            Ponchartrain,
                                        Southern Yacht Club.                              approximately 1 NM
                                                                                          north of New Canal.
18. December 30 and 31...............  Sugar Bowl               New Orleans, LA          South shore of Lake
                                        Intercollegiate          Southern Yacht Club.     Ponchartrain, within 1
                                        Regatta Southern Yacht                            NM North of the
                                        Club.                                             entrance to New Canal.
----------------------------------------------------------------------------------------------------------------


          Table 6 of Sec.   100.801--Sector Lower Mississippi River Annual and Recurring Marine Events
----------------------------------------------------------------------------------------------------------------
                                                                 Sector Lower MS River
                 Date                       Event/sponsor               location              Regulated area
----------------------------------------------------------------------------------------------------------------
1. The 1st or 2nd Saturday in June...  Memphis in May Canoe &   Lower Mississippi        Regulated Area: Lower
                                        Kayak Race/Outdoor Inc.  River, Memphis, TN.      Mississippi River,
                                                                                          mile marker 735.5 to
                                                                                          738.5, Memphis, TN.
2. Second Saturday in October........  Phatwater Kayak          Lower Mississippi        Regulated Area: Lower
                                        Challenge/Phatwater      River, Natchez, MS.      Mississippi River,
                                        Kayak Challenge Inc.                              mile marker 363.0 to
                                                                                          405.0, Natchez, MS.
3. 1st of January....................  Ski Freeze/The Dream     Wolf River Chute,        Regulated Area: Wolf
                                        Factory of Memphis.      Memphis, TN.             River Chute, mile
                                                                                          marker 1.0 to 3.0,
                                                                                          Memphis, TN.
4. 2nd or 3rd Saturday in April......  BluzCruz Kayak Marathon/ Lower Mississippi        Regulated Area: Lower
                                        BluzCruz Race            River, Vicksburg, MS.    Mississippi River,
                                        Committee.                                        mile marker 457.4 to
                                                                                          437.4, Vicksburg, MS.
5. 3rd Sat in Apr to 2nd Sat in May..  Maria Montessori         Wolf River Chute,        Regulated Area: Wolf
                                        Regatta/Maria            Memphis, TN.             River Chute, mile
                                        Montessori School.                                marker 1.0 to 3.0,
                                                                                          Memphis, TN.
6. 1st Sat in June...................  Arkansas River Canoe     Arkansas River, Little   Regulated Area:
                                        and Kayak Race.          Rock, AR.                Arkansas River mile
                                                                                          marker 124-118, Little
                                                                                          Rock, Ar.
7. 2nd Sat in Sept-2nd Sat in Oct....  Dragon Boat Race--Tenn.  Wolf River Chute,        Regulated Area: Wolf
                                        Clean Water Network.     Memphis, TN.             River Chute, mile
                                                                                          marker 0.5 to 2.0,
                                                                                          Memphis, TN.
----------------------------------------------------------------------------------------------------------------


[[Page 308]]


                   Table 7 of Sec.   100.801--Sector Mobile Annual and Recurring Marine Events
----------------------------------------------------------------------------------------------------------------
                 Date                       Event/sponsor        Sector Mobile location       Regulated area
----------------------------------------------------------------------------------------------------------------
1. 1 Day; Fat Tuesday (Mardi Gras      Mardi Gras Boat Parade/  Intracoastal Waterway,   Intracoastal Waterway
 Day).                                  Gulf Shores Homeport     Orange Beach, AL to      mile marker 155.0 to
                                        Marina.                  Gulf Shores, AL.         159.0 (EHL), Starts at
                                                                                          the Wharf Marina,
                                                                                          Orange Beach, AL and
                                                                                          heads west to Homeport
                                                                                          Marina, Gulf Shores,
                                                                                          AL.
2. 1 Day; 1st weekend following Fat    Mobile Boat Show/Gulf    Mobile River, Mobile,    Mobile River, all
 Tuesday.                               Coast Shows.             AL.                      waters half a mile
                                                                                          down river and half a
                                                                                          mile upriver from the
                                                                                          Arthur R. Outlaw
                                                                                          Convention Center.
3. 1 Day; 1st or 2nd Saturday in       Battle on the Bayou/     Old Fort Bayou, Ocean    Old Fort Bayou, from
 March.                                 South Coast Paddling     Springs, MS.             Gulf Hills Hotel to
                                        Company.                                          the Shed Barbeque.
4. 1 Day; Mid March to Mid April.....  Rowing Competition/      Black Warrior River,     Black Warrior River,
                                        University of South      Tuscaloosa, AL.          all waters between
                                        Alabama.                                          river miles 339.0 to
                                                                                          341.5.
5. 2 Days; 3rd weekend in March......  Chattahoochee Challenge/ Apalachicola River,      Apalachicola River, all
                                        City of Chattahoochee.   Chattahoochee, GA.       waters between river
                                                                                          miles 104.6 and 106.0.
6. 1 Day; Last Saturday in March.....  Blessing of the Fleet/   Saint Andrew Bay,        Saint Andrew Bay, all
                                        Panama City Marina.      Panama City, FL.         waters extending 100
                                                                                          yards out from the
                                                                                          Panama City Marina
                                                                                          seawall.
7. 1 Day; 2nd or 3rd weekend in April  USAT Triathlon/          Black Warrior River,     Black Warrior River,
                                        Tuscaloosa Tourism and   Tuscaloosa, AL.          all waters between
                                        Sports Commission.                                river miles 338.5 to
                                                                                          339.5.
8. 2 Days; Between the 1st week in     Smokin the Sound/Smokin  Biloxi Channel, Biloxi,  Biloxi Channel, all
 April to the last week in May.         the Sound.               MS.                      waters between channel
                                                                                          markers 2 thru 35, to
                                                                                          include the entire
                                                                                          width of the channel.
9. 2 Days; Between the 1st week in     Smokin the Lake/Smokin   Gulfport Lake,           Gulfport Lake, all
 April to the last week in May.         the Sound.               Gulfport, MS.            waters bounded by the
                                                                                          following coordinates:
                                                                                          Eastern boundary;
                                                                                          Latitude 302536" N,
                                                                                          Longitude 089038" W to
                                                                                          Latitude 302526" N,
                                                                                          Longitude 089038" W.
                                                                                          Western boundary;
                                                                                          Latitude 302532" N,
                                                                                          Longitude 0890359" W,
                                                                                          to Latitude 302526" N,
                                                                                          Longitude 0890359" W.
10. 1 Day; Next to last or last        Dauphin Island Race/     Mobile Bay, Mobile, AL.  Mobile Bay, all waters
 weekend in April.                      Fairhope, Lake Forest,                            of the Mobile Ship
                                        Mobile, and Buccaneer                             Channel between
                                        Yacht Clubs.                                      channel markers 37 &
                                                                                          38 thru channel
                                                                                          markers 49 & 50, to
                                                                                          include the entire
                                                                                          width of the channel.
11. 1 Day; 1st or 2nd Sunday in May..  Blessing of the Fleet/   Bayou La Batre, Bayou    All waters of Bayou La
                                        St. Margaret's           La Batre, AL.            Batre from the Hwy 188
                                        Catholic Church.                                  lift bridge, south to
                                                                                          Portersville Bay.
12. 2 Days; 1st weekend in June......  Billy Bowlegs Pirate     Santa Rosa Sound, Ft.    Santa Rosa Sound,
                                        Festival/Greater Fort    Walton Beach, FL.        including all waters
                                        Walton Beach Chamber                              between an eastern
                                        of Commerce.                                      boundary represented
                                                                                          by positions 302422.5"
                                                                                          N, 0863514.0" W;
                                                                                          302351.4" N,
                                                                                          0863514.0" W, and a
                                                                                          western boundary
                                                                                          represented by
                                                                                          positions 302413.5" N,
                                                                                          0863711.0" W;
                                                                                          302358.5" N,
                                                                                          0863711.0" W.
13. 1 Day; 1st Sunday in June........  Blessing of the Fleet/   Biloxi Channel, Biloxi,  All of Biloxi Channel.
                                        St. Michael's Catholic   MS.
                                        Church.

[[Page 309]]

 
14. 4 Days; In October...............  Thunder on the Gulf/     Gulf of Mexico, Orange   Gulf of Mexico for the
                                        Gulf Coast Power Boat    Beach, AL.               waters off Orange
                                        Association.                                      Beach, AL, enclosed by
                                                                                          a box starting at a
                                                                                          point on the shore at
                                                                                          approximately 301539"
                                                                                          N, 0873642" W, then
                                                                                          south to 301454" N,
                                                                                          0873642" W, then east,
                                                                                          roughly parallel to
                                                                                          the shore line to
                                                                                          301522" N, 0873331" W,
                                                                                          then north to a point
                                                                                          on the shore at
                                                                                          approximately 301613"
                                                                                          N, 0873331" W.
15. 1 Day; Saturday following          Boat Parade of Lights/   Saint Andrew Bay,        Saint Andrew Bay,
 Thanksgiving.                          City of Panama City &    Panama City, FL.         Starts at Saint Andrew
                                        St. Andrews Waterfront                            Bay Yacht Club and
                                        Partnership.                                      ends at Saint Andrew
                                                                                          Bay Marina.
16. 1 Day; 1st Saturday in December..  Christmas on the River/  Tombigbee River,         Tombigbee River, all
                                        Demopolis Area Chamber   Demopolis, AL.           waters from river
                                        of Commerce.                                      miles 215.5 to 217.0,
                                                                                          to include the entire
                                                                                          width of the river.
17. 1 Day; 1st Saturday in December..  Christmas by the River/  Beardslee Lake &         All waters of East
                                        Moss Point Active        Robertson Lake, Moss     Beardslee Lake near
                                        Citizens.                Point, MS.               Hwy 613 bridge to West
                                                                                          Robertson Lake
                                                                                          parallel to Hwy 613
                                                                                          and south to the
                                                                                          Jackson County Ski
                                                                                          Area.
18. 1 Day; 1st Saturday in December..  Christmas on the Water/  Biloxi Channel, Biloxi,  Biloxi Channel, all
                                        Christmas on the Water   MS.                      waters from channel
                                        Committee.                                        marker 4 to channel
                                                                                          marker 30, to include
                                                                                          the entire width of
                                                                                          the channel.
19. 2 Days; Last weekend in April....  Moss Point Rockin' the   Robertson Lake &         Robertson Lake &
                                        Riverfront Festival/     O'Leary Lake, Moss       O'Leary Lake, all
                                        Moss Point Main Street   Point, MS.               waters enclosed by a
                                        Assoc.                                            bounded area starting
                                                                                          at a point on the
                                                                                          shore at approximately
                                                                                          302511.0" N,
                                                                                          0883224.4" W, then
                                                                                          east to 302512.9" N,
                                                                                          0883218.0" W, then
                                                                                          south to 302450.9" N,
                                                                                          0883209.6" W, then
                                                                                          west following the
                                                                                          shore line back to the
                                                                                          starting point at
                                                                                          302511.0" N,
                                                                                          0883224.4" W.
20. 1 Day; Last weekend in April.....  Jr. League of            Black Warrior River,     Black Warrior River,
                                        Tuscaloosa Dragon Boat   Tuscaloosa, AL.          all waters from river
                                        Race/Junior League of                             miles 340.5 to 341.0,
                                        Tuscaloosa.                                       to include the entire
                                                                                          width of the river.
----------------------------------------------------------------------------------------------------------------


[CGD08-94-019, 60 FR 10314, Feb. 24, 1995, as amended by CGD 08-98-018, 
63 FR 70654, Dec. 22, 1998; CGD 08-99-066, 65 FR 46597, July 31, 2000; 
CGD08-01-012, 67 FR 8195, Feb. 22, 2002; USCG-2006-25556, 72 FR 36327, 
July 2, 2007; USCG-2008-0386, 74 FR 22675, May 14, 2009; USCG-2011-0286, 
77 FR 12459, Mar. 1, 2012; USCG-2011-0286, 77 FR 28766, May 16, 2012; 
USCG-2013-1061, 79 FR 22387, Apr. 22, 2014; USCG-2015-1039, 81 FR 39189, 
June 16, 2016; USCG-2017-0010, 82 FR 25512, June 2, 2017]



Sec.  100.901  Great Lakes annual marine events.

    Permanent special local regulations are hereby established for the 
marine events listed in Table 1. These regulations will be effective 
annually, for the duration of each event, on or about the dates 
indicated in Table 1. Annual notice of the exact dates and times of the 
effective period of the regulations with respect to each event, the 
geographical description of each regulated area, and details concerning 
the nature of the event and the number of participants and type(s) of 
vessels involved will be

[[Page 310]]

published in local notices to mariners. To be placed on the mailing list 
for such notices, contact: Commander(oan), Ninth Coast Guard District, 
1240 E. Ninth St., Cleveland, OH 44199-2060. Sponsors of events listed 
in Table 1 must still submit an application each year in accordance with 
33 CFR 100.15.
    (a) The Coast Guard will patrol the regatta area under the direction 
of a designated Coast Guard Patrol Commander. The Patrol Commander may 
be contacted on Channel 16 (156.8 MHZ) by the call sign ``Coast Guard 
Patrol Commander.'' Vessels desiring to transit the regulated area may 
do so only with prior approval of the Patrol Commander and when so 
directed by that officer. Vessels will be operated at a no wake speed to 
reduce the wake to a minimum, and in a manner which will not endanger 
participants in the event or any other craft. The rules contained in the 
above two sentences shall not apply to participants in the event or 
vessels of the patrol operating in the performance of their assigned 
duties.
    (b) The Patrol Commander may direct the anchoring, mooring, or 
movement of any boat or vessel within the regatta area. A succession of 
sharp, short signals by whistle or horn from vessels patrolling the area 
under the direction of the U.S. Coast Guard Patrol Commander shall serve 
as a signal to stop. Vessels so signaled shall stop and shall comply 
with the orders of the Patrol Commander. Failure to do so may result in 
expulsion from the area, citation for failure to comply, or both.
    (c) The Patrol Commander may establish vessel size and speed 
limitations and operating conditions.
    (d) The Patrol Commander may restrict vessel operation within the 
regatta area to vessels having particular operating characteristics.
    (e) The Patrol Commander may terminate the marine event or the 
operation of any vessel at any time it is deemed necessary for the 
protection of life and property.
    (f) Patrol Commander means a Coast Guard commissioned, warrant, or 
petty officer who has been designated by the Captain of the Port to 
monitor a regatta area, permit entry into the regatta area, give legally 
enforceable orders to persons or vessels within the regatta area, and 
take other actions authorized by the Captain of the Port.

                                 Table 1

                           Sector Buffalo, NY:

                           Fireworks by Grucci

    Sponsor: New York Power Authority.
    Date: Last weekend of July.
    Location: Lake Ontario, Wright's Landing/Oswego Harbor, NY within an 
800 foot radius of the fireworks launching platform located in 
approximate position 43 deg.2810" N 076 deg.3104" W.

               Flagship International Kilo Speed Challenge

    Sponsor: Presque Isle Powerboat Racing Association.
    Date: 3rd or 4th weekend of June.
    Location: That portion of Lake Erie, Presque Isle Bay, south of a 
line drawn from 42 deg.0854" N 080 deg.0542" W; to 42 deg.07 N 
080 deg.21 W will be a regulated area. That portion of Lake Erie, 
Presque Isle bay, north of a line drawn from 42 deg.0854" N 
080 deg.0542" W; to 42 deg.07 N 080 deg.21 W will be a ``caution 
area''. All vessels transiting the caution area will be operated at bare 
steerageway, keeping the vessel's wake at a minimum, and will exercise a 
high degree of caution in the area. The bay entrance will not be 
effected.

                Flagship International Offshore Challenge

    Sponsor: Presque Isle Powerboat Racing Association.
    Date: 3rd or 4th weekend of June.
    Location: That portion of Lake Erie, Presque Isle Bay, Entrance 
Channel, and the enclosed area from Erie Harbor Pier Head Light (LLNR 
3430) northeast to 42 deg.1248" N 079 deg.5724" W, thence south to 
shore just east of Shades Beach.

                       Friendship Festival Airshow

    Sponsor: Friendship Festival
    Date: 4th of July holiday.
    Location: That portion of the Niagara River and Buffalo.
    Harbor from:

------------------------------------------------------------------------
               Latitude                            Longitude
------------------------------------------------------------------------
4254.4 N.............................  07854.1 W, thence to
4254.4 N.............................  07854.4 W, thence

[[Page 311]]

 
                    along the International Border to
4252.9 N.............................  07854.9 W, thence to
4252.5 N.............................  07854.3 W, thence to
4252.7 N.............................  07853.9 W, thence to
4252.8 N.............................  07853.8 W, thence to
4253.1 N.............................  07853.6 W, thence to
4253.2 N.............................  07853.6 W, thence to
4253.3 N.............................  07853.7 W, thence
                         along the breakwall to
4254.4 N.............................  07854.1 W.
------------------------------------------------------------------------

                     NFBRA Red Dog Kilo Time Trials

    Sponsor: Niagara Frontier Boat Racing Association.
    Date: 4th or 5th weekend of September.
    Location: That portion of the Niagara River, Tonawanda Channel, 
between Tonawanda Channel Buoy 31 to approximately \1/2\ mile southwest 
of Twomile Creek along a line drawn from 43 deg.0045" N 078 deg.5506" 
W to 43 deg.0028" N 078 deg.5456" W (Sipco Oil Company).

                     Sodus Bay 4th of July Fireworks

    Sponsor: Sodus Bay Historical Society.
    Date: 4th of July holiday.
    Location: Lake Ontario, within a 500 foot radius around a barge 
anchored in approximate position 43 deg.15.73 N 076 deg.58.23 W, in 
Sodus Bay.

                              Tallship Erie

    Sponsor: Erie Maritime Programs, Inc.
    Date: 1st or 2nd weekend of July.
    Location: That portion of Lake Erie, Presque Isle Bay
    Entrance Channel and Presque Isle Bay from:

------------------------------------------------------------------------
               Latitude                            Longitude
------------------------------------------------------------------------
4210 N...............................  08003 W, thence to
4208.1 N.............................  08007 W, thence to
4207.9 N.............................  08006.8 W, thence
               east along the shoreline and structures to:
4209.2 N.............................  08002.6 W, thence to
4210 N...............................  08003 W.
------------------------------------------------------------------------

                Thomas Graves Memorial Fireworks Display

    Sponsor: Port Bay Improvement Association.
    Date: 1st or 2nd weekend of July.
    Location: That portion of Lake Ontario, Port Bay Harbor, NY within a 
500 ft radius surrounding a barge anchored in approximate position 
43 deg.1746" N 076 deg.5002" W.

                    Thunder Island Offshore Challenge

    Sponsor: Thunder on the Water Inc.
    Date: 3rd or 4th weekend of June.
    Location: That portion of Lake Ontario, Oswego Harbor from the West 
Pier Head Light (LLNR 2080) north to:

------------------------------------------------------------------------
               Latitude                            Longitude
------------------------------------------------------------------------
432902" N............................  0763204" W, thence to
432618" N............................  0763930" W, thence to
432455" N............................  0763745" W, thence
      along the shoreline to the West Pier Head Light (LLNR 2080).
                                       .................................
------------------------------------------------------------------------

                       We Love Erie Days Fireworks

    Sponsor: We Love Erie Days Festival, Inc.
    Date: 3rd weekend of August.
    Location: That portion of Lake Erie, Erie Harbor, within a 300 foot 
radius, surrounding the Erie Sand and Gravel Pier, located in position 
42 deg.0816" N 080 deg.0540" W.

                      Sector Sault Ste. Marie, MI:

                           Bridgefest Regatta

    Sponsor: Bridgefest Committee.
    Date: 2nd weekend of June.
    Location: Keweenaw Waterway, from the Houghton Hancock Lift Bridge 
to 1000 yards west of the bridge, near Houghton, MI.

                      Duluth Fourth Fest Fireworks

    Sponsor: Office of the Mayor, Duluth, MN.
    Date: 4th of July weekend.
    Location: That portion of the Duluth Harbor Basin Northern Section 
bounded on the south by a line drawn on a bearing of 087 deg. true from 
the Cargill Pier through Duluth Basin Lighted Buoy 5 (LLNR 15905) to 
the opposite shore on the north by the Duluth Aerial Bridge. That 
portion of Duluth Harbor Basin Northern Section within 600 yards of 
position 46 deg.4647" N 092 deg.0610" W.

                           July 4th Fireworks

    Sponsor: City of Sault Ste Marie, MI.
    Date: 4th of July weekend.
    Location: That portion of the St. Mary's River, Sault Ste. Marie, MI

[[Page 312]]

within a 1000 foot radius of Brady Park, located on the south shore of 
the river. These waters are enclosed by the Locks to the west and to the 
east from a line drawn from the pier light of the east center pier to 
the U.S. Coast Guard Base to the southeast.

[CGD 09-88-01, 54 FR 29547, July 13, 1989]

    Editorial Note: For Federal Register citations affecting Sec.  
100.901, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec.  100.902  Special Local Regulations; Annual Bayview Mackinac Race.

    (a) Regulated area. These Special Local Regulations apply to all 
U.S. navigable waters of the Black River, St. Clair River, and lower 
Lake Huron, bound by a line starting at latitude 042 deg.5847" N, 
longitude 082 deg.260" W; then easterly to latitude 042 deg.5824" N, 
longitude 082 deg.2447" W; then northward along the International 
Boundary to latitude 043 deg.248" N, longitude 082 deg.2347" W; then 
westerly to the shoreline at approximate location latitude 043 deg.248" 
N, longitude 082 deg.2648" W; then southward along the U.S. shoreline 
to latitude 042 deg.5854" N, longitude 082 deg.261" W; then back to 
the beginning [DATUM: NAD 83].
    (b) Enforcement period. These Special Local Regulations will be 
enforced annually at the commencement of the Bayview Mackinac Race. The 
enforcement period will last approximately seven hours on a single day 
each July. The Coast Guard will notify the public of the exact 
enforcement date and times via a Notice of Enforcement published in the 
Federal Register. Also, the Coast Guard may use marine broadcasts, local 
notice to mariners, local news media, on-scene oral notice, and 
broadcasts on VHF-FM marine radio Channel 16 (156.8 MHZ) to notify the 
public of the exact dates and times of enforcement.
    (c) Special local regulations. (1) No vessel may enter the regulated 
area established in paragraph (a) of this section without prior approval 
from the Coast Guard's designated Patrol Commander (PATCOM). The PATCOM 
may restrict vessel operation within the regulated area to vessels 
having particular operating characteristics.
    (2) Vessels permitted to enter this regulated area must operate at a 
no wake speed and in a manner that will not endanger race participants 
or any other craft.
    (3) The PATCOM may direct the anchoring, mooring, or movement of any 
vessel within this regulated area. A succession of sharp, short signals 
by whistle or horn from vessels patrolling the area under the direction 
of the PATCOM shall serve as a signal to stop. Vessels so signaled shall 
stop and shall comply with the orders of the PATCOM. Failure to do so 
may result in expulsion from the area, a Notice of Violation for failure 
to comply, or both.
    (4) If it is deemed necessary for the protection of life and 
property, the PATCOM may terminate at any time the marine event or the 
operation of any vessel within the regulated area.
    (5) In accordance with the general regulations in Sec.  100.35 of 
this part, the Coast Guard will patrol the regatta area under the 
direction of a designated Coast Guard Patrol Commander (PATCOM). The 
PATCOM may be contacted on Channel 16 (156.8 MHz) by the call sign 
``Coast Guard Patrol Commander.''
    (6) The rules in this section shall not apply to vessels 
participating in the event or to government vessels patrolling the 
regulated area in the performance of their assigned duties.

[USCG-2012-0403, 77 FR 36392, June 19, 2012]



Sec.  100.903  Harborfest Dragon Boat Race; South Haven, MI.

    (a) Regulated Area. A regulated area is established on the Black 
River in South Haven, MI within the following coordinates starting at 
42 deg.2413.6" N, 086 deg.1641" W; then southeast 42 deg.2412.6" N, 
086 deg.1640" W; then northeast to 42 deg.2419.2" N, 086 deg.1626.5" 
W; then northwest to 42 deg.2420.22" N, 086 deg.1627.4" W; then back 
to point of origin (NAD 83).
    (b) Special Local Regulations. The regulations in Sec.  100.901 
apply. No vessel may enter, transit through, or anchor within the 
regulated area without the permission of the Coast Guard Patrol 
Commander.
    (c) Effective Date. These regulations are effective annually on the 
Saturday and Sunday of the 4th weekend of

[[Page 313]]

June, from 6 a.m. until 7 p.m. The time and date for this event are 
subject to change. In the event of a schedule change, the Coast Guard 
will issue a Notice of Enforcement with the exact date and time that 
this regulated area will be enforced.

[USCG-2013-0327, 78 FR 48313, Aug. 8, 2013]



Sec.  100.905  Door County Triathlon; Door County, WI.

    (a) Regulated Area. A regulated area is established to include all 
waters of Horseshoe Bay within a 1000-yard radius from a position at 
45 deg.0052.6" N, 087 deg.206.7" W (NAD 83).
    (b) Special Local Regulations. The regulations of Sec.  100.901 
apply. No vessel may enter, transit through, or anchor within the 
regulated area without the permission of the Coast Guard Patrol 
Commander.
    (c) Effective Date. These regulations are effective annually on the 
Saturday and Sunday of the third weekend of July; from 7 a.m. to 10 a.m. 
The time and date for this event are subject to change. In the event of 
a schedule change, the Coast Guard will issue a Notice of Enforcement 
with the exact date and time that this regulated area will be enforced.

[USCG-2013-0327, 78 FR 48313, Aug. 8, 2013]



Sec.  100.906  Grand Haven Coast Guard Festival Waterski Show, Grand Haven, MI.

    (a) Regulated Area. All waters of the Grand River at Waterfront 
Stadium from approximately 350 yards upriver to 150 yards downriver of 
Grand River Lighted Buoy 3A (Light list number 19000) within the 
following coordinates: 43 deg.04 N, 086 deg.1412" W; then east to 
43 deg.0356" N, 086 deg.144" W; then south to 43 deg.0345" N, 
086 deg.1410" W; then west to 43 deg.0348" N, 086 deg.1417" W; then 
back to the point of origin (NAD 83).
    (b) Special Local Regulations. The regulations in Sec.  100.901 
apply. No vessel may enter, transit through, or anchor within the 
regulated area without the permission of the Coast Guard Patrol 
Commander.
    (c) Effective Date. These regulations are effective annually the 
Tuesday before the first Saturday in August; 7 p.m. to 9 p.m. The time 
and date for this event are subject to change. In the event of a 
schedule change, the Coast Guard will issue a Notice of Enforcement with 
the exact date and time that this regulated area will be enforced.

[USCG-2013-0327, 78 FR 48313, Aug. 8, 2013]



Sec.  100.907  Milwaukee River Challenge; Milwaukee, WI.

    (a) Regulated Area. All waters of the Milwaukee River from the 
junction with the Menomonee River at position 43 deg.0154.9" N, 
087 deg.5437.6" W to the East Pleasant St. Bridge at position 
43 deg.035.7" N, 087 deg.5428.1" W (NAD 83). All waters of the 
Menomonee River from the North 25th St. Bridge at position 
43 deg.0157.4" N, 087 deg.5640.9" W to the junction with the Milwaukee 
River (NAD 83).
    (b) Special Local Regulations. The regulations in Sec.  100.901 
apply. No vessel may enter, transit through, or anchor within the 
regulated area without the permission of the Coast Guard Patrol 
Commander.
    (c) Effective date. These regulations are effective annually on the 
third Saturday of September; from 8 a.m. to 4 p.m. The time and date for 
this event are subject to change. In the event of a schedule change, the 
Coast Guard will issue a Notice of Enforcement with the exact date and 
time that this regulated area will be enforced.

[USCG-2013-0327, 78 FR 48313, Aug. 8, 2013]



Sec.  100.908  Charlevoix Venetian Night Boat Parade; Charlevoix, MI.

    (a) Regulated Area. All waters of Round Lake, Charlevoix, MI.
    (b) Special Local Regulations. The regulations of Sec.  100.901 
apply. No vessel may enter, transit through, or anchor within the 
regulated area without the permission of the Coast Guard Patrol 
Commander.
    (c) Effective Date. These regulations are effective annually on the 
fourth Saturday of July; from 9 p.m. to 11 p.m.

[USCG-2007-27373, 72 FR 54834, Sept. 27, 2007]



Sec.  100.909  Chinatown Chamber of Commerce Dragon Boat Race; Chicago, IL.

    (a) Regulated Area. All waters of the South Branch of the Chicago 
River

[[Page 314]]

from the West 18th Street Bridge at position 41 deg.5128" N, 
087 deg.3806" W to the Amtrak Bridge at position 41 deg.5120" N, 
087 deg.3813" W (NAD 83).
    (b) Special Local Regulations. The regulations in Sec.  100.901 
apply. No vessel may enter, transit through, or anchor within the 
regulated area without the permission of the Coast Guard Patrol 
Commander.
    (c) Effective Date. These regulations are effective annually on the 
second Friday and Saturday of July from 11:30 a.m. to 5 p.m. The time 
and date for this event are subject to change. In the event of a 
schedule change, the Coast Guard will issue a Notice of Enforcement with 
the exact date and time that this regulated area will be enforced.

[USCG-2013-0327, 78 FR 48314, Aug. 8, 2013]



Sec.  100.910  Southland Regatta; Blue Island, IL.

    (a) Regulated Area. A regulated area is established to include all 
waters of the Calumet Sag Channel from the South Halstead Street Bridge 
at 41 deg.3927" N, 087 deg.3829" W; to the Crawford Avenue Bridge at 
41 deg.3905" N, 087 deg.4308" W; and the Little Calumet River from the 
Ashland Avenue Bridge at 41 deg.3907" N, 087 deg.3938" W; to the 
junction of the Calumet Sag Channel. (DATUM: NAD 83).
    (b) Special Local Regulations. The regulations of Sec.  100.901 
apply. No vessel may enter, transit through, or anchor within the 
regulated area without the permission of the Coast Guard Patrol 
Commander.
    (c) Enforcement Period. This section will be enforced annually on 
the Saturday immediately prior to the first Sunday of November, from 3 
p.m. until 5 p.m. and the first Sunday of November, from 9 a.m. until 5 
p.m.

[USCG-2008-0031, 73 FR 39235, July 9, 2008]



Sec.  100.911  Bay City Airshow, Bay City, MI.

    (a) Regulated Area. A regulated area is established to include all 
waters of the Saginaw River bound on the south by a line extending from 
a point of land on the western shore at position 43 deg.32.2 N; 
083 deg.53.3 W, east to a point of land on the eastern shore located at 
position 43 deg.32.2 N; 083 deg.53.2 W, and bounded on the north by a 
line extending from a point of land on the western shore at position 
43 deg.33.4 N; 083 deg.54.5 W, east to a point of land on the eastern 
shore located at position 43 deg.33.4 N; 083 deg.54.3 W. (NAD 83). 
This area is south of Middle Ground Island near Clements Municipal 
Airport.
    (b) Special Local Regulations. The regulations of Sec.  100.901 
apply. No vessel may enter, transit through, or anchor within the 
regulated area without the permission of the Coast Guard Patrol 
Commander.
    (c) Enforcement Period: Two days during the second week in August. 
The exact dates and times for this event will be determined annually.

[USCG-2008-0220, 73 FR 41263, July 18, 2008]



Sec.  100.912  Detroit Belle Isle Grand Prix, Detroit, MI.

    (a) Regulated Area. A regulated area is established to include all 
waters of the Detroit River near Belle Isle, bounded by a line extending 
from a point of land on the southern shore of Belle Isle located at 
position 42 deg.2000" N; 082 deg.5945" W, to 50 yards offshore at 
position 42 deg.1957"; 082 deg.5943", and continuing at a distance of 
50 yards around the western end of Belle Isle to the Belle Isle Bridge, 
maintaining a constant distance of 50 yards from the shoreline and 
terminating at position 42 deg.2028"; 082 deg.5943" on the northern 
side of Belle Isle, adjacent to a point on land at position 
42 deg.2024" N; 082 deg.5948" W (NAD 83). This area wraps around the 
downstream end of Belle Isle.
    (b) Special Local Regulations. The regulations of Sec.  100.901 
apply. No vessel may enter, transit through, or anchor within the 
regulated area without the permission of the Coast Guard Patrol 
Commander.
    (c) Enforcement Period: The last weekend in August. The exact dates 
and times for this event will be determined annually.

[USCG-2008-0220, 73 FR 41263, July 18, 2008]



Sec.  100.913  ACORA Garwood Classic Offshore Race, Algonac, MI.

    (a) Regulated Area. A regulated area is established to include all 
waters of St. Clair River's North Channel, Algonac, Michigan, bounded by 
a

[[Page 315]]

north/south line beginning at a point of land adjacent to Allen Boats, 
Algonac, MI (position 42 deg.3705" N, 082 deg.3334" W) extending to a 
point of land on Harsens Island (position 42 deg.3649" N, 
082 deg.3334" W) extending east along the shoreline of Harsens Island 
to north/south line beginning at position 42 deg.3716" N, 
082 deg.3111" W (approx. 500 ft west of the Russell Island buoy) 
extending north to a point at position 42 deg.3728" N, 082 deg.3111" W 
(approx. 300 ft offshore from the Russell Boat Club), then west along 
the shoreline of Algonac, MI stopping at the point of origin. (NAD 83).
    (b) Special Local Regulations. The regulations of Sec.  100.901 
apply. No vessel may enter, transit through, or anchor within the 
regulated area without the permission of the Coast Guard Patrol 
Commander.
    (c) Enforcement Period: The first weekend in August. The exact dates 
and times for this event will be determined annually.

[USCG-2008-0220, 73 FR 41263, July 18, 2008]



Sec.  100.914  Trenton Rotary Roar on the River, Trenton, MI.

    (a) Regulated Area. A regulated area is established to include all 
waters of the Detroit River, Trenton, Michigan, bounded by an east/west 
line beginning at a point of land at the northern end of Elizabeth Park 
in Trenton, MI, located at position 42 deg.8.2 N; 083 deg.10.6 W, 
extending east to a point near the center of the Trenton Channel located 
at position 42 deg.8.2 N; 083 deg.10.4 W, extending south along a 
north/south line to a point at the Grosse Ile Parkway Bridge located at 
position 42 deg.7.7 N; 083 deg.10.5 W, extending west along a line 
bordering the Grosse Ile Parkway Bridge to a point on land located at 
position 42 deg.7.7 N; 083 deg.10.7 W, and along the shoreline to the 
point of origin. (NAD 83). This area is in the Trenton Channel between 
Trenton and Grosse Isle, MI.
    (b) Special Local Regulations. The regulations of Sec.  100.901 
apply. No vessel may enter, transit through, or anchor within the 
regulated area without the permission of the Coast Guard Patrol 
Commander.
    (c) Enforcement Period: The third week in July. The exact dates and 
times for this event will be determined annually.

[USCG-2008-0220, 73 FR 41263, July 18, 2008]



Sec.  100.915  St. Clair River Classic Offshore Race, St. Clair, MI.

    (a) Regulated Area. A regulated area is established to include all 
waters of the St. Clair River, St. Clair, Michigan, bounded by latitude 
42 deg.5200" N to the north; latitude 42 deg.4900" N to the south; the 
shoreline of the St. Clair River on the west; and the international 
boundary line on the east (NAD 83).
    (b) Special Local Regulations. The regulations of Sec.  100.901 
apply. No vessel may enter, transit through, or anchor within the 
regulated area without the permission of the Coast Guard Patrol 
Commander.
    (c) Enforcement Period: The last week in July. The exact dates and 
times for this event will be determined annually.

[USCG-2008-0220, 73 FR 41264, July 18, 2008]



Sec.  100.916  Chris Craft Silver Cup Races, Algonac, MI.

    (a) Regulated Area. A regulated area is established to include all 
waters of the St. Clair River, North Channel, Algonac, Michigan, bounded 
on the north by a line starting at the northern end of Russell Island at 
position 42 deg.37.0 N; 082 deg.31.4 W extending across the channel to 
Algonac to a point at position 42 deg.37.4 N; 082 deg.31.5 W, and 
bounded on the south by a line starting north of Grande Point Cut on 
Russell Island at position 42 deg.36.3 N; 082 deg.32.5 W extending 
across the channel to Algonac to a point at position 42 deg.36.5 N; 
082 deg.32.6 W. (NAD 83).
    (b) Special Local Regulations. The regulations of Sec.  100.901 
apply. No vessel may enter, transit through, or anchor within the 
regulated area without the permission of the Coast Guard Patrol 
Commander.
    (c) Enforcement Period: The third week in August. The exact dates 
and times for this event will be determined annually.

[USCG-2008-0220, 73 FR 41264, July 18, 2008, as amended by USCG-2012-
0306, 77 FR 37313, June 21, 2012]

[[Page 316]]



Sec.  100.917  The Old Club Cannonade, Harsens Island, MI.

    (a) Regulated Area. A regulated area is established to include all 
waters of Lake St. Clair in an area bound by the coordinates starting at 
the cannon firing position located at 42 deg.32.5 N; 082 deg.40.1 W 
extending west to the Old Channel Light located at position 42 deg.32.5 
N; 082 deg.41.6 W angling northeast to position 42 deg.33.5 N; 
082 deg.40.6 W then angling southeast to the point of origin creating a 
triangle shaped safety zone. (NAD 83). This area is near the southern 
end of Harsens Island in Muscamoot Bay.
    (b) Special Local Regulations. The regulations of Sec.  100.901 
apply. No vessel may enter, transit through, or anchor within the 
regulated area without the permission of the Coast Guard Patrol 
Commander.
    (c) Enforcement Period: The third week in October. The exact dates 
and times for this event will be determined annually.

[USCG-2008-0220, 73 FR 41264, July 18, 2008]



Sec.  100.918  Detroit APBA Gold Cup, Detroit, MI.

    (a) Regulated Area. A regulated area is established to include all 
waters of the Detroit River, Belle Isle, Michigan, bound on the west by 
the Belle Isle Bridge (position 42 deg.2020" N, 083 deg.0000" W to 
42 deg.2024" N, 083 deg.5945" W), and on the east by a north-south 
line drawn through Waterworks Intake Crib Light (Light List Number 8350; 
position 42 deg.2106" N, 082 deg.5800" W) (NAD 83).
    (b) Special Local Regulations. The regulations of Sec.  100.901 
apply. No vessel may enter, transit through, or anchor within the 
regulated area without the permission of the Coast Guard Patrol 
Commander.
    (c) Enforcement Period. The first or second week in July. The exact 
dates and times for this event will be determined annually.

[USCG-2008-0220, 73 FR 41264, July 18, 2008, as amended by USCG-2011-
0614, 76 FR 39292, July 6, 2011]



Sec.  100.919  International Bay City River Roar, Bay City, MI.

    (a) Regulated Area. A regulated area is established to include all 
waters of the Saginaw River bounded on the north by the Liberty Bridge, 
located at 43 deg.36.3 N, 083 deg.53.4 W, and bounded on the south by 
the Veterans Memorial Bridge, located at 43 deg.35.8 N, 083 deg.53.6 
W. (NAD 83).
    (b) Special Local Regulations. The regulations of Sec.  100.901 
apply. No vessel may enter, transit through, or anchor within the 
regulated area without the permission of the Coast Guard Patrol 
Commander.
    (c) Enforcement Period: The third or fourth week in June. The exact 
dates and times for this event will be determined annually.

[USCG-2008-0220, 73 FR 41264, July 18, 2008]



Sec.  100.920  Tug Across the River, Detroit, MI.

    (a) Regulated Area. A regulated area is established to include all 
waters of the Detroit River, Detroit, Michigan, bounded on the south by 
the International boundary, on the west by 083 deg.03 W, on the east by 
083 deg.02 W, and on the north by the U.S. shoreline (DATUM: NAD 83). 
This position is located on the Detroit River in front of Hart Plaza, 
Detroit, MI.
    (b) Special Local Regulations. The regulations of Sec.  100.901 
apply. No vessel may enter, transit through, or anchor within the 
regulated area without the permission of the Coast Guard Patrol 
Commander.
    (c) Enforcement Period: The third or fourth week in June. The exact 
dates and times for this event will be determined annually.
    (d) Vessel operators desiring to enter or operate within the 
regulated area shall contact the Coast Guard Patrol Commander to obtain 
permission to do so. Vessel operators given permission to enter or 
operate in the regulated area must comply with all directions given to 
them by the Coast Guard Patrol Commander.

[USCG-2008-0220, 73 FR 41264, July 18, 2008]



Sec.  100.921  Special Local Regulation; Kelley's Island Swim, 
Lake Erie, Lakeside, OH.

    (a) Regulated area. The regulated area includes all U.S. navigable 
waters of lake Erie, Lakeside, OH, contained by a line connecting the 
following points:

[[Page 317]]

two points on land at the Lakeside dock, 41 deg.3251.96" N/
082 deg.453.15" W and 41 deg.3252.21" N/082 deg.452.19" W, and two 
points on Kelley's Island at the Kelley's Island Dock, 41 deg.3524.59" 
N/082 deg.4216.61" W, and 41 deg.3524.44" N/082 deg.4216.04" W 
(Datum: NAD 83).
    (b) Special Local Regulations. The regulations of Sec.  100.901 
apply. Vessels transiting within the regulated area shall travel at a 
no-wake speed and remain vigilant for swimmers. Additionally, vessels 
shall yield right-of-way for event participants and event safety craft 
and shall follow directions given by event representatives during the 
event.
    (c) Enforcement period. These Special Local Regulations will be 
enforced annually. The exact enforcement date and times will be 
published annually in the Federal Register via a Notice of Enforcement.

[USCG-2012-0386, 77 FR 71532, Dec. 3, 2012]



Sec.  100.927  Special Local Regulation, Partnership in Education,
Dragon Boat Festival, Toledo, OH.

    (a) Regulated Area. The regulated area includes all U.S. navigable 
waters of the Maumee River, Toledo, OH, between a line starting from a 
point on land just north of the Cherry Street Bridge at position 
41 deg.395.27" N; 083 deg.3134.01" W straight across the river along 
the Cherry Street bridge to position 41 deg.3912.83" N; 
083 deg.3142.58" W and a line extending from a point of land just south 
of International Park at position 41 deg.3846.62" N; 083 deg.3150.54" 
W straight across the river to the shore just south of the mouth of Swan 
Creek at position 41 deg.3847.37" N; 083 deg.322.05" W (NAD 83).
    (b) Enforcement period. This section will be enforced annually on 
the third or fourth Saturday of July. The exact dates and times would be 
issued annually via a Notice of Enforcement. However, for 2014, this 
section will be enforced from 6 a.m. to 6 p.m. on July 19, 2014.
    (c) Special Local Regulations. (1) The Coast Guard will patrol the 
regatta area under the direction of a designated Coast Guard Patrol 
Commander. Vessels desiring to transit the regulated area may do so only 
with prior approval of the Patrol Commander and when so directed by that 
officer. Vessels will be operated at a no wake speed to reduce the wake 
to a minimum, in a manner which will not endanger participants in the 
event or any other craft and remain vigilant for event participants and 
safety craft. Additionally, vessels must yield right-of-way for event 
participants and event safety craft and must follow directions given by 
the Coast Guard's Patrol Commander. The rules contained in the above two 
sentences do not apply to participants in the event or vessels of the 
patrol operating in the performance of their assigned duties. Commercial 
vessels will have right-of-way over event participants and event safety 
craft. The races will stop for oncoming freighter or commercial traffic 
and will resume after the vessel has completed its passage through the 
regulated area. The Patrol Commander may direct the anchoring, mooring, 
or movement of any boat or vessel within the regatta area. A succession 
of sharp, short signals by whistle or horn from vessels patrolling the 
area under the direction of the U.S. Coast Guard Patrol Commander shall 
serve as a signal to stop. Vessels so signaled must stop and comply with 
the orders of the Patrol Commander. Failure to do so may result in 
expulsion from the area, citation for failure to comply, or both. The 
Patrol Commander may establish vessel size and speed limitations and 
operating conditions and may restrict vessel operation within the 
regatta area to vessels having particular operating characteristics. The 
Patrol Commander may terminate the marine event or the operation of any 
vessel at any time it is deemed necessary for the protection of life and 
property.
    (2) Patrol Commander means a Coast Guard commissioned, warrant, or 
petty officer who has been designated by the Captain of the Port to 
monitor a regatta area, permit entry into the regatta area, give legally 
enforceable orders to persons or vessels within the regatta area, and 
take other actions authorized by the Captain of the Port. The Patrol 
Commander will be aboard either a Coast Guard or Coast Guard Auxiliary 
vessel. The Patrol Commander may be contacted on Channel

[[Page 318]]

16 (156.8 MHZ) by the call sign ``Coast Guard Patrol Commander.''

[USCG-2012-0714, 79 FR 44692, Aug. 1, 2014]



Sec.  100.928  Special Local Regulations, Frogtown Race Regatta,
Toledo, OH.

    (a) Regulated Area. The regulated area includes all U.S. navigable 
waters of the Maumee River, Toledo, OH, from the Norfolk and Southern 
Railway Bridge at River Mile 1.80 to the Anthony Wayne Bridge at River 
Mile 5.16.
    (b) Enforcement period. This section will be enforced annually on 
the third or fourth Saturday of September. The exact dates and times 
would be issued annually via a Notice of Enforcement.
    (c) Special Local Regulations. (1) The Coast Guard will patrol the 
regatta area under the direction of a designated Coast Guard Patrol 
Commander. Vessels desiring to transit the regulated area may do so only 
with prior approval of the Patrol Commander and when so directed by that 
officer. Vessels will be operated at a no wake speed to reduce the wake 
to a minimum, in a manner which will not endanger participants in the 
event or any other craft and remain vigilant for event participants and 
safety craft. Additionally, vessels must yield right-of-way for event 
participants and event safety craft and must follow directions given by 
the Coast Guard's Patrol Commander. The rules contained in the above two 
sentences do not apply to participants in the event or vessels of the 
patrol operating in the performance of their assigned duties. Commercial 
vessels will have right-of-way over event participants and event safety 
craft. The races will stop for oncoming freighter or commercial traffic 
and will resume after the vessel has completed its passage through the 
regulated area. The Patrol Commander may direct the anchoring, mooring, 
or movement of any boat or vessel within the regatta area. A succession 
of sharp, short signals by whistle or horn from vessels patrolling the 
area under the direction of the U.S. Coast Guard Patrol Commander shall 
serve as a signal to stop. Vessels so signaled must stop and comply with 
the orders of the Patrol Commander. Failure to do so may result in 
expulsion from the area, citation for failure to comply, or both. The 
Patrol Commander may establish vessel size and speed limitations and 
operating conditions and may restrict vessel operation within the 
regatta area to vessels having particular operating characteristics. The 
Patrol Commander may terminate the marine event or the operation of any 
vessel at any time it is deemed necessary for the protection of life and 
property.
    (2) Patrol Commander means a Coast Guard commissioned, warrant, or 
petty officer who has been designated by the Captain of the Port to 
monitor a regatta area, permit entry into the regatta area, give legally 
enforceable orders to persons or vessels within the regatta area, and 
take other actions authorized by the Captain of the Port. The Patrol 
Commander will be aboard either a Coast Guard or Coast Guard Auxiliary 
vessel. The Patrol Commander may be contacted on Channel 16 (156.8 MHZ) 
by the call sign ``Coast Guard Patrol Commander.''

[USCG-2012-0714, 79 FR 44692, Aug. 1, 2014]



Sec.  100.1101  Southern California Annual Marine Events for the
San Diego Captain of the Port Zone.

    (a) General. Special local regulations are established for the 
events listed in Table 1 of this section. Notice of implementation of 
these special local regulations will be made by publication in the 
Federal Register 30 days prior to the event for those events without 
specific dates. In all cases, further information on exact dates, times, 
and other details concerning the number and type of participants and an 
exact geographical description of the areas are published by the 
Eleventh Coast Guard District in the Local Notice to Mariners at least 
20 days prior to each event. To be placed on the mailing list for Local 
Notice to Mariners contact: Commander (dpw), Eleventh Coast Guard 
District, Coast Guard Island, Building 50-2, Alameda, CA 94501-5100. 
Note: Sponsors of events listed in Table 1 of this section must submit 
an application each year in accordance with 33 CFR 100.15 to the 
cognizant Coast Guard Sector Commander no less than 60 days before the 
start of the proposed event. Sponsors are informed

[[Page 319]]

that ample lead time is required to inform all Federal, state, local 
agencies, and/or other interested parties and to provide the sponsor the 
best support to ensure the safety of life and property.
    (b) Special local regulations. All persons and vessels not 
registered with the sponsor as participants or as official patrol 
vessels are considered spectators. The ``official patrol'' consists of 
any Coast Guard or other vessel assigned or approved by the cognizant 
Coast Guard Sector Commander to patrol each event.
    (1) No spectator shall anchor, block, loiter, nor impede the through 
transit of participants or official patrol vessels in the regulated 
areas during all applicable effective dates and times unless cleared to 
do so by or through an official patrol vessel.
    (2) When hailed and/or signaled by an official patrol vessel, any 
spectator located within a regulated area during all applicable 
effective dates and times shall come to an immediate stop.
    (3) The Patrol Commander (PATCOM) is empowered to control the 
movement of all vessels in the regulated area or to restrict vessels 
from entering the regulated area. The Patrol Commander shall be 
designated by the cognizant Coast Guard Sector Commander; 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. As the Sector 
Commander's representative, the PATCOM may terminate the event any time 
it is deemed necessary for the protection of life and property. PATCOM 
may be reached on VHF-FM Channel 13 (156.65MHz) or 16 (156.8MHz) when 
required, by the call sign ``PATCOM.''
    (4) The Patrol Commander may, upon request, allow the transit of 
commercial vessels through regulated areas when it is safe to do so.
    (5) The Coast Guard may be assisted by other Federal, state, or 
local agencies.

                       Table 1 to Sec.   100.1101
              [All coordinates referenced use datum NAD 83]
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                        1. San Diego Fall Classic
------------------------------------------------------------------------
Sponsor................................  San Diego Rowing Club.
Event Description......................  Competitive rowing race.
Date...................................  Sunday in November.
Location...............................  Mission Bay, San Diego, CA.
Regulated Area.........................  The waters of Mission Bay to
                                          include South Pacific Passage,
                                          Fiesta Bay, and the waters
                                          around Vacation Isle.
------------------------------------------------------------------------
                  2. California Half Ironman Triathlon
------------------------------------------------------------------------
Sponsor................................  World Triathlon Corporation.
Event Description......................  Swimming Portion of Triathlon
                                          Race.
Date...................................  Saturday in late March or early
                                          April.
Location...............................  Oceanside Harbor, CA.
Regulated Area.........................  The waters of Oceanside Harbor,
                                          CA, including the entrance
                                          channel.
------------------------------------------------------------------------
                        3. San Diego Crew Classic
------------------------------------------------------------------------
Sponsor................................  San Diego Crew Classic.
Event Description......................  Competitive rowing race.
Date...................................  First Saturday and Sunday in
                                          April.
Location...............................  Mission Bay, San Diego, CA.
Regulated Area.........................  The waters of Mission Bay to
                                          include South Pacific Passage,
                                          Fiesta Bay, and the waters
                                          around Vacation Isle.
------------------------------------------------------------------------
                          4. Dutch Shoe Regatta
------------------------------------------------------------------------
Sponsor................................  San Diego Yacht Club.
Event Description......................  Sailboat Race.
Date...................................  Friday in late July.
Location...............................  San Diego Bay, CA.
Regulated Area.........................  The waters of San Diego Bay,
                                          CA, from Shelter Island to
                                          Glorietta Bay.
------------------------------------------------------------------------

[[Page 320]]

 
                      5. San Diego Parade of Lights
------------------------------------------------------------------------
Sponsor................................  San Diego Bay Parade of Lights.
Event Description......................  Boat Parade.
Date...................................  Two Sunday nights in December.
Location...............................  San Diego Bay, CA.
Regulated Area.........................  A pre-determined course in the
                                          northern portion of the San
                                          Diego Main Ship Channel from
                                          Shelter Island Basin, past the
                                          Embarcadero, crossing the
                                          federal navigable channel and
                                          ending off of Coronado Island.
------------------------------------------------------------------------
                     6. Mission Bay Parade of Lights
------------------------------------------------------------------------
Sponsor................................  Mission Bay Yacht Club.
Event Description......................  Boat Parade.
Date...................................  December.
Location...............................  Mission Bay, San Diego, CA.
Regulated Area.........................  Mission Bay, the Main Entrance
                                          Channel, Sail Bay, and Fiesta
                                          Bay.
------------------------------------------------------------------------
                         7. ITU World Triathlon
------------------------------------------------------------------------
Sponsor................................  Lagardere Unlimited Upsolut
                                          USAT LLC.
Event Description......................  Swimming Portion of Triathlon
                                          Race.
Date...................................  Late April or early May.
Location...............................  Mission Bay, San Diego, CA.
Regulated Area.........................  Bonita Cove San Diego, CA and
                                          Ventura Cove, Mission Bay, San
                                          Diego, CA.
------------------------------------------------------------------------
                          8. Fearless Triathlon
------------------------------------------------------------------------
Sponsor................................  Fearless Races, LLC.
Event Description......................  Swimming Portion of Triathlon
                                          Race.
Date...................................  Weekend in March.
Location...............................  Mission Bay, San Diego, CA.
Regulated Area.........................  South Shores Boat Ramp, Mission
                                          Bay.
------------------------------------------------------------------------
                9. Bay to Bay Rowing and Paddling Regatta
------------------------------------------------------------------------
Sponsor................................  Peninsula Family YMCA.
Event Description......................  Kayak, surfboard, and stand up
                                          paddle board paddling race.
Date...................................  Saturday in July.
Location...............................  San Diego, CA.
Regulated Area.........................  The waters of Mission Bay, CA,
                                          to San Diego Bay, CA.
------------------------------------------------------------------------
                      10. San Diego Sharkfest Swim
------------------------------------------------------------------------
Sponsor................................  Enviro-Sports Productions Inc.
Event Description......................  Swim race.
Date...................................  Saturday in September or
                                          October.
Location...............................  San Diego Bay, CA.
Regulated Area.........................  The waters of San Diego Bay,
                                          CA, from Seaport Village to
                                          Coronado Ferry Landing.
------------------------------------------------------------------------
                    11. San Diego TriRock Triathalon
------------------------------------------------------------------------
Sponsor................................  Competitor Group Inc.
Event Description......................  Swim race.
Date...................................  Saturday in September.
Location...............................  San Diego Bay, CA.
Regulated Area.........................  The waters of San Diego Bay,
                                          CA, off the East Basin of
                                          Embarcadero Park.
------------------------------------------------------------------------
                          12. San Diego Bayfair
------------------------------------------------------------------------
Sponsor................................  Thunderboats Unlimited Inc.
Event Description......................  Professional High-speed
                                          powerboat race, closed course.
Date...................................  Second or third weekend in
                                          September (Friday thru
                                          Sunday).
Location...............................  Mission Bay, San Diego, CA.
Regulated Area.........................  The waters of Mission Bay to
                                          include Fiesta Bay, the east
                                          side of Vacation Isle, and
                                          Crown Point shores.
------------------------------------------------------------------------

[[Page 321]]

 
                   13. Oceanside Harbor Days Tiki Swim
------------------------------------------------------------------------
Sponsor................................  City of Oceanside.
Event Description......................  Swim race.
Date...................................  Saturday in late September or
                                          early October.
Location...............................  Oceanside Harbor, CA.
Regulated Area.........................  The waters of Oceanside Harbor,
                                          CA, including the entrance
                                          channel.
------------------------------------------------------------------------
                   14. U.S. Open Ski Racing Nationals
------------------------------------------------------------------------
Sponsor................................  National Water-ski Race
                                          Association.
Event Description......................  Professional High-speed water
                                          ski powerboat race, closed
                                          course.
Date...................................  One weekend in October.
Location...............................  Mission Bay, San Diego, CA.
Regulated Area.........................  The waters of Mission Bay to
                                          include Fiesta Bay, the east
                                          side of Vacation Isle.
------------------------------------------------------------------------
        15. San Diego Maritime Museum Tall Ship Festival of Sail
------------------------------------------------------------------------
Sponsor................................  San Diego Maritime Museum.
Event Description......................  Tall ship festival.
Date...................................  Annually over a weekend in
                                          September (3 day event).
Location...............................  San Diego Bay, CA.
Regulated Area.........................  The waters of San Diego Bay
                                          Harbor.
------------------------------------------------------------------------
                      16. Hanohano Ocean Challenge
------------------------------------------------------------------------
Sponsor................................  Hanohano Outrigger Canoe Club.
Event Description......................  Outrigger canoes and kayak
                                          race.
Date...................................  Saturday in January.
Location...............................  Mission Bay, San Diego, CA.
Regulated Area.........................  Mission Bay, the Main Entrance
                                          Channel, Bonita Cove, South
                                          Shores Cove.
------------------------------------------------------------------------
                     17. Crystal Pier Outrigger Race
------------------------------------------------------------------------
Sponsor................................  Hanohano Outrigger Canoe Club.
Event Description......................  Outrigger canoe race.
Date...................................  Saturday in May.
Location...............................  Mission Bay, San Diego, CA.
Regulated Area.........................  Mission Bay, the Main Entrance
                                          Channel, Sail Bay, Fiesta Bay,
                                          South Shore Channel, and
                                          waters adjacent to Crown Point
                                          Beach Park.
------------------------------------------------------------------------
  18. San Diego Ho`olaule`a and Keiki Heihei Wa`a Stand Up For the Kids
                                  Race
------------------------------------------------------------------------
Sponsor................................  Na Koa Kai Canoe Club.
Event Description......................  Outrigger Canoe and Stand Up
                                          Paddle Board race.
Date...................................  Weekend in May.
Location...............................  Mission Bay, San Diego, CA.
Regulated Area.........................  Mission Bay, De Anza Cove, and
                                          North Pacific Passage.
------------------------------------------------------------------------


[USCG-2013-0361, 79 FR 6459, Feb. 4, 2014]



Sec.  100.1102  Annual Marine Events on the Colorado River, between 
Davis Dam (Bullhead City, Arizona) and Headgate Dam (Parker, Arizona).

    (a) General. Special local regulations are established for the 
events listed in Table 1 of this section. Notice of implementation of 
these special local regulations will be made by publication in the 
Federal Register 30 days prior to the event for those events without 
specific dates or by Notice to Mariners 20 Days prior to the event for 
those events listing a period for which a firm date is identifiable. In 
all cases, further information on exact dates, times, and other details 
concerning the number and type of participants and an exact geographical 
description of the areas are published by the Eleventh Coast Guard 
District in the Local Notice to Mariners at least 20 days prior

[[Page 322]]

to each event. To be placed on the mailing list for Local Notice to 
Mariners contact: Commander (dpw), Eleventh Coast Guard District, Coast 
Guard Island, Building 50-2, Alameda, CA 94501-5100. Note: Sponsors of 
events listed in Table 1 of this section must submit an application each 
year in accordance with 33 CFR 100.15 to the cognizant Coast Guard 
Sector Commander no less than 60 days before the start of the proposed 
event. Sponsors are informed that ample lead time is required to inform 
all Federal, state, local agencies, and/or other interested parties and 
to provide the sponsor the best support to ensure the safety of life and 
property. A Coast Guard-National Park Service agreement exists for both 
the Glen Canyon and Lake Mead National Recreational Areas; applicants 
shall contact the cognizant authority for approval of events in these 
areas.
    (b) Special local regulations. All persons and vessels not 
registered with the sponsor as participants or as official patrol 
vessels are considered spectators. The ``official patrol'' consists of 
any Coast Guard, other Federal, state or local law enforcement, and any 
public or sponsor-provided vessels assigned or approved by the cognizant 
Coast Guard Sector Commander to patrol each event.
    (1) No spectator shall anchor, block, loiter, nor impede the through 
transit of participants or official patrol vessels in the regulated 
areas during all applicable effective dates and times unless cleared to 
do so by or through an official patrol vessel.
    (2) When hailed and/or signaled by an official patrol vessel, any 
spectator located within a regulated area during all applicable 
effective dates and times shall come to an immediate stop.
    (3) The Patrol Commander (PATCOM) is empowered to control the 
movement of all vessels in the regulated area or to restrict vessels 
from entering the regulated area. The Patrol Commander shall be 
designated by the cognizant Coast Guard Sector Commander; 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. As the Sector 
Commander's representative, the PATCOM may terminate the event any time 
it is deemed necessary for the protection of life and property. PATCOM 
may be reached on VHF-FM Channel 13 (156.65MHz) or 16 (156.8MHz) when 
required, by the call sign ``PATCOM.''
    (4) The Patrol Commander may, upon request, allow the transit of 
commercial vessels through regulated areas when it is safe to do so.
    (5) The Coast Guard may be assisted by other Federal, state, or 
local agencies.

                       Table 1 to Sec.   100.1102
             [All coordinates referenced use datum NAD 83.]
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                  1. Lake Havasu Winter Water-Ski Race
------------------------------------------------------------------------
Sponsor................................  National Water-ski Racing
                                          Association.
Event Description......................  Water-ski races.
Date...................................  Saturday and Sunday in late
                                          February or early March.
Location...............................  Lake Havasu, AZ.
Regulated Area.........................  That portion of the lower
                                          Colorado River on the Arizona
                                          side between Thompson Bay and
                                          Copper Canyon.
------------------------------------------------------------------------
                        2. Havasu Landing Regatta
------------------------------------------------------------------------
Sponsor................................  Southern Outboard Association.
Event Description......................  Boat Races on closed course.
Date...................................  Saturday and Sunday in
                                          February.
Location...............................  Havasu Lake, CA.
Regulated Area.........................  That portion of the lower
                                          Colorado River on the
                                          California side at Havasu
                                          Landing Resort and Casino.
------------------------------------------------------------------------
                 3. Parker International Water-Ski Race
------------------------------------------------------------------------
Sponsor................................  International Water-ski Race
                                          Association.
Event Description......................  Water-ski Show.
Date...................................  Second Saturday and Sunday in
                                          March.
Location...............................  Parker, AZ.

[[Page 323]]

 
Regulated Area.........................  The entire water area of the
                                          Colorado River beginning at
                                          BlueWater Marina in Parker,
                                          AZ, and extending
                                          approximately 10 miles to La
                                          Paz County Park.
------------------------------------------------------------------------
                             4. Desert Storm
------------------------------------------------------------------------
Sponsor................................  Lake Racer LLC.
Event Description......................  Boat Poker Run and Exhibition
                                          Runs.
Date...................................  April weekend (3 day event).
Location...............................  Lake Havasu, AZ.
Regulated Area.........................  The waters of the lower
                                          Colorado River encompassed
                                          from the eastern line off of
                                          Algoma Pier Head Lighthouse to
                                          the Split Rock Lighthouse as
                                          the western line, with the
                                          following boundaries:
                                           Eastern Boundary Line:
                                         342651" N, 1142041" W to
                                         342717" N, 1142051" W.
                                           Western Boundary Line:
                                         342718" N, 1142234" W to
                                         342655" N, 1142259" W.
------------------------------------------------------------------------
                        5. Lake Havasu Grand Prix
------------------------------------------------------------------------
Sponsor................................  Pacific Offshore Powerboat
                                          Racing Association (POPRA).
Event Description......................  Boat Races on closed course.
Date...................................  April weekend (2 day event).
Location...............................  Lake Havasu, AZ.
Regulated Area.........................  The waters of the lower
                                          Colorado River encompassed by
                                          the following boundaries:
                                           Boundary one from 342744" N,
                                         1142053" W to 342751" N,
                                         1142043" W.
                                           Boundary two from 342650" N,
                                         1142041" W to 342714" N,
                                         1142055" W.
                                           Boundary three from 342610"
                                         N, 1141840" W to 342550" N,
                                         1141852" W.
------------------------------------------------------------------------
              6. BlueWater Resort and Casino Spring Classic
------------------------------------------------------------------------
Sponsor................................  Southern California Speedboat
                                          Club.
Event Description......................  Professional High-speed
                                          powerboat race, closed course.
Date...................................  Saturday and Sunday in April.
Location...............................  Parker, AZ.
Regulated Area.........................  The Lake Moovalya area of the
                                          Colorado River in Parker, AZ.
------------------------------------------------------------------------
            7. BlueWater Resort and Casino Southwest Showdown
------------------------------------------------------------------------
Sponsor................................  Arizona Drag Boat Association.
Event Description......................  Professional High-speed
                                          powerboat drag race, on a
                                          measured course.
Date...................................  Saturday and Sunday in March.
Location...............................  Parker, AZ.
Regulated Area.........................  Adjacent to the BlueWater River
                                          Casino, Arizona side of the
                                          Colorado River in Parker, AZ.
------------------------------------------------------------------------
           8. BlueWater Resort and Casino West Coast Nationals
------------------------------------------------------------------------
Sponsor................................  RPM Racing Enterprises.
Event Description......................  Professional High-speed
                                          powerboat race, closed course.
Date...................................  Saturday and Sunday in April.
Location...............................  Parker, AZ.
Regulated Area.........................  The Lake Moovalya area of the
                                          Colorado River and the portion
                                          of the Colorado River adjacent
                                          to the BlueWater River Casino,
                                          in Parker, AZ.
------------------------------------------------------------------------
                       9. Great Western Tube Float
------------------------------------------------------------------------
Sponsor................................  City of Parker, AZ.
Event Description......................  River float.
Date...................................  One Saturday in June.
Location...............................  Parker, AZ.
Regulated Area.........................  The navigable waters of the
                                          Colorado River from La Paz
                                          County Park to the BlueWater
                                          Resort and Casino, immediately
                                          before the Headgate Dam.
------------------------------------------------------------------------

[[Page 324]]

 
                         10. IJSBA World Finals
------------------------------------------------------------------------
Sponsor................................  International Jet Sports
                                          Boating Association (IJSBA).
Event Description......................  Personal Watercraft Race.
Date...................................  Second Saturday through third
                                          Sunday of October (10 Days).
Location...............................  Lake Havasu City, AZ.
Regulated Area.........................  The navigable waters of Lake
                                          Havasu, AZ in the area known
                                          as Crazy Horse Campgrounds.
------------------------------------------------------------------------
                            11. Parker Enduro
------------------------------------------------------------------------
Sponsor................................  Parker Area Chamber of
                                          Commerce.
Event Description......................  Hydroplane, flatbottom, tunnel,
                                          and v-bottom powerboat race.
Date...................................  Late October.
Location...............................  Parker, AZ.
Regulated Area.........................  Between river miles 179 and 185
                                          (between the Roadrunner Resort
                                          and Headgate Dam).
------------------------------------------------------------------------
          12. BlueWater Resort and Casino Thanksgiving Regatta
------------------------------------------------------------------------
Sponsor................................  Southern California Speedboat
                                          Club.
Event Description......................  Boat Races.
Date...................................  Thursday, Friday, Saturday, and
                                          Sunday during Thanksgiving
                                          week.
Location...............................  Parker, AZ.
Regulated Area.........................  The Lake Moovalya area of the
                                          Colorado River and the portion
                                          of the Colorado River adjacent
                                          to the BlueWater River Casino,
                                          in Parker, AZ.
------------------------------------------------------------------------
               13. Lake Havasu City Boat Parade of Lights
------------------------------------------------------------------------
Sponsor................................  London Bridge Yacht Club.
Event Description......................  Boat parade during which
                                          vessels pass by a pre-
                                          designated vessel and then
                                          transit through the London
                                          Bridge Channel.
Date...................................  First Saturday and Sunday in
                                          December.
Location...............................  Lake Havasu, AZ.
Regulated Area.........................  A pre-determined course that
                                          travels through the waters of
                                          North Lake Havasu, London
                                          Bridge Channel and Thompson
                                          Bay.
------------------------------------------------------------------------
              14. Mark Hahn Memorial 300 PWC Endurance Race
------------------------------------------------------------------------
Sponsor................................  DSM Events.
Event Description......................  300 Nautical Mile PWC Race Loop
                                          Track.
Date...................................  Late February.
Location...............................  Lake Havasu City, AZ.
Regulated Area.........................  A 10 mile course on Northern
                                          Lake Havasu from London Bridge
                                          to North Lake Havasu Landing.
------------------------------------------------------------------------
                        15. Lake Havasu Triathlon
------------------------------------------------------------------------
Sponsor................................  Tucson Racing.
Event Description......................  Swim race.
Date...................................  March.
Location...............................  Lake Havasu, AZ.
Regulated Area.........................  Waters North of London Bridge
                                          to waters just north of Crazy
                                          Horse Camp Ground.
------------------------------------------------------------------------
                     16. Bullhead City River Regatta
------------------------------------------------------------------------
Sponsor................................  Bullhead City.
Event Description......................  River float.
Date...................................  One Saturday in August.
Location...............................  Bullhead City, AZ.
Regulated Area.........................  The navigable waters of the
                                          Colorado River from Camp Davis
                                          to the Rotary Park.
------------------------------------------------------------------------
                         17. BlueWater Triathlon
------------------------------------------------------------------------
Sponsor................................  Blue Water Resort & Casino
Event Description......................  Swimming Portion of Triathlon
                                          Race.
Date...................................  One Saturday in October.
Location...............................  Parker, AZ.

[[Page 325]]

 
Regulated Area.........................  The waters of the Colorado
                                          River between river between
                                          the BlueWater Resort & Casino
                                          Amphitheater and just North of
                                          Headgate Rock Dam in Parker,
                                          AZ.
------------------------------------------------------------------------
               18. BlueWater Resort and Casino 300 Enduro
------------------------------------------------------------------------
Sponsor................................  RPM Racing Enterprises.
Event Description......................  Boat Race.
Date...................................  Late October.
Location...............................  Parker, AZ.
Regulated Area.........................  Between river miles 179 and 185
                                          (between the Roadrunner Resort
                                          and Headgate Dam).
------------------------------------------------------------------------
                          19. Another Dam Race
------------------------------------------------------------------------
Sponsor................................  Blue Water Resort and Casino.
Event Description......................  Kayak, surbboard, surfski,
                                          stand up paddle board race.
Date...................................  A Saturday in November.
Location...............................  Parker, AZ.
Regulated Area.........................  Between river miles 179 and 185
                                          (between the Roadrunner Resort
                                          and Headgate Dam).
------------------------------------------------------------------------


[USCG-2013-0361, 79 FR 6462, Feb. 4, 2014]



Sec.  100.1103  Northern California and Lake Tahoe area annual
marine events.

    (a) General. Special local regulations are established for the 
events listed in Table 1 of this section. Notice of implementation of 
these special local regulations will be made by publication in the 
Federal Register 30 days prior to the event for those events without 
specific dates or by Notice to Mariners 20 Days prior to the event for 
those events listing a period for which a firm date is identifiable. In 
all cases, further information on exact dates, times, and other details 
concerning the number and type of participants and an exact geographical 
description of the areas are published by the Eleventh Coast Guard 
District in the Local Notice to Mariners at least 20 days prior to each 
event. To be placed on the mailing list for Local Notice to Mariners 
contact: Commander (dpw), Eleventh Coast Guard District, Coast Guard 
Island, Building 50-2, Alameda, CA 94501-5100. Note: Sponsors of events 
listed in Table 1 of this section must submit an application each year 
as required by 33 CFR part 100, subpart A, to the cognizant Coast Guard 
Sector Commander. Sponsors are informed that ample lead time is required 
to inform all Federal, state, local agencies, and/or other interested 
parties and to provide the sponsor the best support to ensure the safety 
of life and property.
    (b) Special local regulations. All persons and vessels not 
registered with the sponsor as participants or as official patrol 
vessels are considered spectators. The ``official patrol'' consists of 
any Coast Guard; other Federal, state, or local law enforcement; and any 
public or sponsor-provided vessels assigned or approved by the cognizant 
Coast Guard Sector Commander to patrol each event.
    (1) No spectator shall anchor, block, loiter, nor impede the through 
transit of participants or official patrol vessels in the regulated 
areas during all applicable effective dates and times unless cleared to 
do so by or through an official patrol vessel.
    (2) When hailed and/or signaled by an official patrol vessel, any 
spectator located within a regulated area during all applicable 
effective dates and times shall come to an immediate stop.
    (3) The Patrol Commander (PATCOM) is empowered to forbid and control 
the movement of all vessels in the regulated area. The Patrol Commander 
shall be designated by the cognizant Coast Guard Sector Commander; 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

[[Page 326]]

patrol vessel. As the Sector Commander's representative, the PATCOM may 
terminate the event any time it is deemed necessary for the protection 
of life and property. PATCOM may be reached on VHF-FM Channel 13 
(156.65MHz) or 16 (156.8MHz) when required, by the call sign ``PATCOM''.
    (4) The Patrol Commander may, upon request, allow the transit of 
commercial vessels through regulated areas when it is safe to do so.
    (5) The Coast Guard may be assisted by other Federal, state, or 
local agencies.

                       Table 1 to Sec.   100.1103
              [All coordinates referenced use datum NAD 83]
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                    1. Redwood Heron Sprints Regatta
------------------------------------------------------------------------
Sponsor...........................  Humboldt State University Athletic
                                     Department.
Event Description.................  Sport rowing shells.
Date..............................  Third Sunday in April.
Location..........................  Eureka Inner Reach Channel.
Regulated Area....................  The navigable waters within an area
                                     bounded by a line starting 404816"
                                     N, 1241028" W; thence to 404821" N,
                                     1241028" W; thence to 404835" N,
                                     1240917" W; thence to 404830" N,
                                     1240917" W; thence returning to the
                                     point of origin.
------------------------------------------------------------------------
                     2. Stockton Asparagus Festival
------------------------------------------------------------------------
Sponsor...........................  City of Stockton.
Event Description.................  Pier side Event.
Date..............................  Last Friday, Saturday and Sunday in
                                     April.
Location..........................  McLeod Lake, Stockton, CA.
Regulated Area....................  Starting at the Port of Stockton and
                                     extending east to McLeod Lake;
                                     beginning at latitude 375706" N and
                                     longitude 1211935" W; then
                                     northerly to latitude 375710" N and
                                     longitude 1211936" W; then north-
                                     northeasterly to latitude 375724" N
                                     and longitude 1211735" W; then
                                     south-southwesterly to latitude
                                     375715" N and longitude 1211741" W;
                                     then south-southeasterly to
                                     latitude 375714" N and longitude
                                     1211731" W; and then back to the
                                     beginning point.
------------------------------------------------------------------------
                        3. Blessing of the Fleet
------------------------------------------------------------------------
Sponsor...........................  Corinthian Yacht Club.
Event Description.................  Boat parade during which vessels
                                     pass by a pre-designated platform
                                     or vessel.
Date..............................  Last Sunday in April.
Location..........................  San Francisco Waterfront to South
                                     Tower of Golden Gate Bridge.
Regulated Area....................  The area between a line drawn from
                                     Bluff Point on the southeastern
                                     side of Tiburon Peninsula to Point
                                     Campbell on the northern edge of
                                     Angel Island, and a line drawn from
                                     Peninsula Point to the southern
                                     edge of Tiburon Peninsula to Point
                                     Stuart on the western edge of Angel
                                     Island.
------------------------------------------------------------------------
                   4. Opening Day on San Francisco Bay
------------------------------------------------------------------------
Sponsor...........................  Pacific Inter-Club Yacht Association
                                     and Corinthian Yacht Club.
Event Description.................  Boat parade during which vessels
                                     pass by a pre-designated platform
                                     or vessel.
Date..............................  Last Sunday in April.
Location..........................  San Francisco, CA waterfront: Crissy
                                     Field to Pier 39.
Regulated Area....................  The area defined by a line drawn
                                     from Fort Point; thence easterly
                                     approximately 5,000 yards; thence
                                     easterly to the Blossom Rock Bell
                                     Buoy; thence westerly to the
                                     Northeast corner of Pier 39; thence
                                     returning along the shoreline to
                                     the point of origin.
                                    Special Requirements: All vessels
                                     entering the regulated area shall
                                     follow the parade route established
                                     by the sponsor and be capable of
                                     maintaining an approximate speed of
                                     6 knots.
                                    Commercial Vessel Traffic
                                     Allowances: The parade will be
                                     interrupted, as necessary, to
                                     permit the passage of commercial
                                     vessel traffic. Commercial traffic
                                     must cross the parade route at a no-
                                     wake speed and perpendicular to the
                                     parade route.
------------------------------------------------------------------------
                        5. Kinetic Sculpture Race
------------------------------------------------------------------------
Sponsor...........................  Kinetic Sculpture Race Inc.
Event Description.................  Human Powered Craft Race.
Date..............................  Saturday and Sunday of Memorial Day
                                     Weekend.
Location..........................  Eureka Inner Reach Channel.
Regulated Area....................  The navigable waters within an area
                                     bounded by a line starting 404816"
                                     N, 1241028" W; thence to 404821" N,
                                     1241028" W; thence to 404835" N,
                                     1240917" W; thence to 404830" N,
                                     1240917" W; thence returning to the
                                     point of origin.
------------------------------------------------------------------------
              6. Sacramento Bridge-to-Bridge Water Festival
------------------------------------------------------------------------
Sponsor...........................  Sacramento Visitors Bureau.

[[Page 327]]

 
Event Description.................  Professional high-speed powerboat
                                     races.
Date..............................  Second to last Friday, Saturday and
                                     Sunday in July.
Location..........................  Sacramento, CA.
Regulated Area....................  The navigable waters within an area
                                     bounded by a line starting 383549"
                                     N, 1213030" W; thence to 383549" N,
                                     1213023" W thence to 384000" N,
                                     1213059" W thence to 383346" N,
                                     1213111" W thence returning to the
                                     point of origin.
------------------------------------------------------------------------
                       7. Humboldt Bay Paddle Fest
------------------------------------------------------------------------
Sponsor...........................  Humboldt State University Alumni
                                     Association.
Event Description.................  Paddle boat race.
Date..............................  Last weekend in September or first
                                     weekend in October.
Location..........................  Eureka Inner Reach Channel.
Regulated Area....................  The navigable waters within an area
                                     bounded by a line starting 404816"
                                     N, 1241028" W; thence to 404821" N,
                                     1241028" W; thence to 404835" N,
                                     1240917" W; thence to 404830" N,
                                     1240917" W; thence returning to the
                                     point of origin.
------------------------------------------------------------------------
                     8. Delta Thunder Powerboat Race
------------------------------------------------------------------------
Sponsor...........................  Pacific Offshore Power Racing
                                     Association.
Event Description.................  Professional high-speed powerboat
                                     race.
Date..............................  Second Saturday, Sunday in
                                     September.
Location..........................  Off Pittsburgh, CA in the waters
                                     around Winter Island and Brown
                                     Island.
Regulated Area....................  The water area of Suisun Bay
                                     commencing at Simmons Point on
                                     Chipps Island; thence southwesterly
                                     to Stake Point on the southern
                                     shore of Suisun Bay; thence
                                     easterly following the southern
                                     shoreline of Suisun Bay and New
                                     York Slough to New York Slough Buoy
                                     13; thence north-northwesterly to
                                     the Northwestern corner of Fraser
                                     Shoal; thence northwesterly to the
                                     western tip of Chain Island; thence
                                     west-northwesterly to the northeast
                                     tip of Van Sickle Island; thence
                                     following the shoreline of Van
                                     Sickle Island and Chipps Island and
                                     returning to the point of origin.
------------------------------------------------------------------------
                 9. Pittsburg Seafood Festival Air Show
------------------------------------------------------------------------
Sponsor...........................  City of Pittsburg, CA.
Event Description.................  Pittsburg Seafood Festival Air Show.
Date..............................  Second Saturday, Sunday in
                                     September.
Location..........................  Off Pittsburgh, CA in the waters
                                     around Winter Island and Brown
                                     Island.
Regulated Area....................  The water area of Suisun Bay
                                     commencing at Simmons Point on
                                     Chipps Island; thence southwesterly
                                     to Stake Point on the southern
                                     shore of Suisun Bay; thence
                                     easterly following the southern
                                     shoreline of Suisun Bay and New
                                     York Slough to New York Slough Buoy
                                     13; thence north-northwesterly to
                                     the Northwestern corner of Fraser
                                     Shoal; thence northwesterly to the
                                     western tip of Chain Island; thence
                                     west-northwesterly to the northeast
                                     tip of Van Sickle Island; thence
                                     following the shoreline of Van
                                     Sickle Island and Chipps Island and
                                     returning to the point of origin.
------------------------------------------------------------------------


[USCG-2009-0558, 76 FR 53334, Aug. 26, 2011]



Sec.  100.1104  Southern California Annual Marine Events for the
Los Angeles Long Beach Captain of the Port Zone.

    (a) General. Special local regulations are established for the 
events listed in Table 1 of this section. Notice of implementation of 
these special local regulations will be made by publication in the 
Federal Register 30 days prior to the event for those events without 
specific dates or by Notice to Mariners 20 Days prior to the event for 
those events listing a period for which a firm date is identifiable. In 
all cases, further information on exact dates, times, and other details 
concerning the number and type of participants and an exact geographical 
description of the areas are published by the Eleventh Coast Guard 
District in the Local Notice to Mariners at least 20 days prior to each 
event. Local Notices to Mariners are available for viewing on the Coast 
Guard Navigation Center Web site at http://www.navcen.uscg.gov/
?pageName=lnmDistrict&region=11. Note: Sponsors of events listed in 
Table 1 of this section must submit an application each year in 
accordance with 33 CFR 100.15 to the cognizant Coast Guard Sector 
Commander no less than 60 days before the start of the proposed event. 
Sponsors are informed that ample lead time is required to inform all 
Federal, state, local agencies, and/

[[Page 328]]

or other interested parties and to provide the sponsor the best support 
to ensure the safety of life and property.
    (b) Special local regulations. All persons and vessels not 
registered with the sponsor as participants or as official patrol 
vessels are considered spectators. The ``official patrol'' consists of 
any Coast Guard; other Federal, state, or local law enforcement; and any 
public or sponsor-provided vessels assigned or approved by the cognizant 
Coast Guard Sector Commander to patrol each event.
    (1) No spectator shall anchor, block, loiter, nor impede the through 
transit of participants or official patrol vessels in the regulated 
areas during all applicable effective dates and times unless cleared to 
do so by or through an official patrol vessel.
    (2) When hailed and/or signaled by an official patrol vessel, any 
spectator located within a regulated area during all applicable 
effective dates and times shall come to an immediate stop.
    (3) The Patrol Commander (PATCOM) is empowered to control the 
movement of all vessels in the regulated area or to restrict vessels 
from entering the regulated area. The Patrol Commander shall be 
designated by the cognizant Coast Guard Sector Commander; 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. As the Sector 
Commander's representative, the PATCOM may terminate the event any time 
it is deemed necessary for the protection of life and property. PATCOM 
may be reached on VHF-FM Channel 13 (156.65MHz) or 16 (156.8MHz) when 
required, by the call sign ``PATCOM.''
    (4) The Patrol Commander may, upon request, allow the transit of 
commercial vessels through regulated areas when it is safe to do so.
    (5) The Coast Guard may be assisted by other Federal, state, or 
local agencies.

                       Table 1 to Sec.   100.1104
             [All coordinates referenced use datum NAD 83.]
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                    1. Newport to Ensenada Yacht Race
------------------------------------------------------------------------
Sponsor................................  Newport Ocean Sailing
                                          Association.
Event Description......................  Sailing vessel race; open
                                          ocean.
Date...................................  Fourth Friday in April.
Location...............................  Newport Beach, CA.
Regulated Area.........................  Starting area only. All waters
                                          of the Pacific Ocean near
                                          Newport Beach, CA bounded by a
                                          line starting 333518" N,
                                          1175318" W thence to 333454"
                                          N, 1175318" W thence to
                                          333454" N, 1175430" W thence
                                          to 333518" N, 1175430" W
                                          thence returning to the point
                                          of origin.
------------------------------------------------------------------------
                          2. Congressional Cup
------------------------------------------------------------------------
Sponsor................................  Long Beach Yacht Club.
Event Description......................  Competitive sailboat race
                                          series.
Date...................................  Annually in March.
Location...............................  Long Beach Harbor, CA.
Regulated Area.........................  The waters of Long Beach Harbor
                                          surrounded by Island White,
                                          Island Freeman, and Island
                                          Chaffee. The race area is
                                          designated at Congressional
                                          Cup Stadium.
------------------------------------------------------------------------
                               3. Transpac
------------------------------------------------------------------------
Sponsor................................  Transpac Yacht Club.
Event Description......................  Competitive long distance
                                          sailboat race from Los Angeles
                                          to Honolulu.
Date...................................  Bi-annually in early Summer.
Location...............................  Long Beach Harbor, CA.
Regulated Area.........................  All navigable waters from the
                                          surface to the sea floor
                                          within positions 33-41.9390N
                                          118-18.747 W, 34-41.205 N 118-
                                          18.747 W, 33-41.205 N 118-
                                          17.553 W, and 33-41.939 N 118-
                                          17.553 W.
------------------------------------------------------------------------
                    4. Dana Point Tall Ship Festival
------------------------------------------------------------------------
Sponsor................................  Dana Point Marine Institute

[[Page 329]]

 
Event Description......................  Tall ship festival.
Date...................................  Annually in September.
Location...............................  Dana Point Harbor, CA.
Regulated Area.........................  The waters of Dana Point
                                          Harbor.
------------------------------------------------------------------------
                    5. Morro Bay Holiday Boat Parade
------------------------------------------------------------------------
Sponsor................................  City of Morro Bay.
Event Description......................  Holiday lighted boat parade.
Date...................................  Annually in early December.
Location...............................  Morro Bay Harbor, CA.
Regulated Area.........................  The waters of Morro Bay Harbor.
------------------------------------------------------------------------
                  6. Santa Barbara Holiday Boat Parade
------------------------------------------------------------------------
Sponsor................................  City of Santa Barbara.
Event Description......................  Holiday lighted boat parade.
Date...................................  Annually in early December.
Location...............................  Santa Barbara Harbor, CA.
Regulated Area.........................  The waters of Santa Barbara
                                          Harbor.
------------------------------------------------------------------------
                  7. Ventura Harbor Holiday Boat Parade
------------------------------------------------------------------------
Sponsor................................  Ventura Harbor District.
Event Description......................  Holiday lighted boat parade.
Date...................................  Two nights annually in mid
                                          December.
Location...............................  Ventura Harbor, CA.
Regulated Area.........................  The waters of Ventura Harbor.
------------------------------------------------------------------------
              8. Channel Islands Harbor Holiday Boat Parade
------------------------------------------------------------------------
Sponsor................................  Channel Islands Harbor
                                          District.
Event Description......................  Holiday lighted boat parade.
Date...................................  Annually in December.
Location...............................  Channel Islands Harbor, CA.
Regulated Area.........................  The waters of Channel Islands
                                          Harbor.
------------------------------------------------------------------------
                  9. Marina del Rey Holiday Boat Parade
------------------------------------------------------------------------
Sponsor................................  Los Angeles County Department
                                          of Beaches and Harbors.
Event Description......................  Holiday lighted boat parade.
Date...................................  Annually in early December.
Location...............................  Marina del Rey, CA.
Regulated Area.........................  The waters of Marina del Rey.
------------------------------------------------------------------------
                   10. King Harbor Holiday Boat Parade
------------------------------------------------------------------------
Sponsor................................  King Harbor Yacht Club.
Event Description......................  Holiday lighted boat parade.
Date...................................  Annually in December.
Location...............................  King Harbor, CA.
Regulated Area.........................  The waters of King Harbor.
------------------------------------------------------------------------
               11. Port of Los Angeles Holiday Boat Parade
------------------------------------------------------------------------
Sponsor................................  Port of Los Angeles.
Event Description......................  Holiday lighted boat parade.
Date...................................  Annually in early December.
Location...............................  Port of Los Angeles, CA.
Regulated Area.........................  The waters of the Port of Los
                                          Angeles.
------------------------------------------------------------------------
                       12. Parade of 1,000 Lights
------------------------------------------------------------------------
Sponsor................................  Shoreline Yacht Club.
Event Description......................  Holiday lighted boat parade.
Date...................................  Annually in December.
Location...............................  Long Beach Harbor, CA.
Regulated Area.........................  Queensway Bay, Rainbow Harbor.
------------------------------------------------------------------------
                  13. Naples Island Holiday Boat Parade
------------------------------------------------------------------------
Sponsor................................  Naples Island Improvement
                                          Association.
Event Description......................  Holiday lighted boat parade.
Date...................................  Annually in December.

[[Page 330]]

 
Location...............................  Naples Island, CA.
Regulated Area.........................  The waters of Alamitos Bay.
------------------------------------------------------------------------
                14. Huntington Harbor Holiday Boat Parade
------------------------------------------------------------------------
Sponsor................................  Huntington Philharmonic
                                          Association.
Event Description......................  Holiday lighted boat parade.
Date...................................  Two nights annually in
                                          December.
Location...............................  Huntington Harbor, CA.
Regulated Area.........................  The waters and canals of
                                          Huntington Harbor.
------------------------------------------------------------------------
                  15. Newport Beach Holiday Boat Parade
------------------------------------------------------------------------
Sponsor................................  Newport Beach Chamber of
                                          Commerce.
Event Description......................  Holiday lighted boat parade.
Date...................................  Five nights annually in mid
                                          December.
Location...............................  Newport Beach Harbor, CA.
Regulated Area.........................  The waters of Newport Beach
                                          Harbor.
------------------------------------------------------------------------
                  16. Dana Point Holiday in the Harbor
------------------------------------------------------------------------
Sponsor................................  Dana Point Harbor.
Event Description......................  Holiday festival and lighted
                                          boat parade.
Date...................................  4 nights annually in December.
Location...............................  Dana Point Harbor, CA.
Regulated Area.........................  The waters of Dana Point
                                          Harbor.
------------------------------------------------------------------------
                          17. Catalina Ski Race
------------------------------------------------------------------------
Sponsor................................  Long Beach Waterski Club.
Event Description......................  Competitive high speed waterski
                                          race.
Date...................................  Annually in July.
Location...............................  Long Beach Harbor, CA, to Santa
                                          Catalina Island, CA and back.
Regulated Area.........................  The waters of Long Beach Harbor
                                          bordered by Queens Way Bridge,
                                          the Long Beach Breakwater, and
                                          the Alamitos Bay West Jetty.
------------------------------------------------------------------------


[USCG-2013-0361, 79 FR 6465, Feb. 4, 2014, as amended by USCG-2015-0433, 
80 FR 44281, July 27, 2015]



Sec.  100.1105  San Francisco Bay Navy Fleetweek Parade of Ships and
Blue Angels Demonstration.

    (a) Effective Periods. This section is effective during the U.S. 
Navy/City of San Francisco Fleetweek Parade of Navy Ships and Navy Blue 
Angels and other airshow activities held annually in early October, from 
Thursday through Saturday (with a possible Sunday Blue Angels Flight 
Demonstration if weather prevents a Saturday performance). Annual notice 
of the specific effective dates and times of these regulations will be 
published by the Coast Guard in the Local Notice to Mariners and in the 
Federal Register. Local Notices to Mariners are available for viewing on 
the Coast Guard Navigation Center Web site at http://
www.navcen.uscg.gov/?pageName=lnmDistrict&region=11.
    (b) Regulated Areas: The following areas are designated ``regulated 
areas'' during the Navy Parade of Ships and Blue Angels' Flight 
activities.
    (1) Regulated Area ``Alpha'' for Navy Parade of Ships. The waters of 
San Francisco Bay bounded by a line connecting the following points:

374840" N                            1222838" W
374910" N                            1222841" W
374931" N                            1222518" W
374906" N                            1222408" W
374753" N                            1222242" W
374600" N                            1222200" W
374600" N                            1222307" W
 

and thence along the shore to the point of beginning.

    (2) Regulated Area ``Bravo'' for U.S. Navy Blue Angels Activities. 
The waters of San Francisco Bay bounded by a line connecting the 
following points:

374827.5" N                          1222404" W
374931" N                            1222418" W

[[Page 331]]

 
374900" N                            1222752" W
374819" N                            1222740" W
 

and thence along the pierheads and bulwarks to the point of beginning.

Datum: NAD 83

    (c) Regulations: All persons and/or vessels not authorized as 
participants or official patrol vessels are considered spectators. The 
``official patrol'' consists of any Coast Guard, public, state or local 
law enforcement vessels assigned and/or approved by Commander, Coast 
Guard Sector San Francisco to patrol the Fleetweek event.
    (1) Except for persons or vessels authorized by the Coast Guard 
Patrol Commander, in regulated area ``Alpha'' no person may enter or 
remain within 500 yards of any Navy parade vessel. No person or vessel 
shall anchor, block, loiter in, or impede the through transit of ship 
parade participants or official patrol vessels in regulated area 
``Alpha.''
    (2) Except for persons or vessels authorized by the Coast Guard 
Patrol Commander, no person or vessel may enter or remain within 
regulated area ``Bravo.''
    (3) When hailed and/or signaled by an official patrol vessel, a 
person or vessel shall come to an immediate stop. Persons or vessels 
shall comply with all directions given.
    (4) The Patrol Commander shall be designated by the Commander, Coast 
Guard Sector San Francisco, California. The Coast Guard Patrol Commander 
is empowered to forbid and control the movement of all vessels in the 
regulated areas.

[CGD11-89-15, 54 FR 39998, Sept. 29, 1989, as amended by CGD11-91-11, 56 
FR 51332, Oct. 11, 1991; CGD11-93-009, 58 FR 51242, Oct. 1, 1993; USCG-
2006-25556, 72 FR 36327, July 2, 2007; USCG-2012-0459, 77 FR 43164, July 
24, 2012; USCG-2015-0433, 80 FR 44281, July 27, 2015]



Sec.  100.1106  Special Local Regulation; Annual Mavericks Invitational
Big Wave Surf Competition.

    (a) Location. This special local regulation establishes a regulated 
area on the waters of Half Moon Bay, located in the vicinity of Pillar 
Point. Movement within marinas, pier spaces, and facilities within 
Pillar Point Harbor is not regulated by this section.
    (b) Enforcement Period. The following regulations will be enforced 
between the hours of 6 a.m. and 6 p.m. on one day between November 1 of 
each year and March 31 of the following year. Annual notice of the 
specific enforcement dates and times of these regulations will be 
announced via Broadcast Notice to Mariners and published by the Coast 
Guard in a Boating Public Safety Notice at least 24 hours in advance of 
the competition. Annual notice of the specific enforcement dates and 
times will also be published in a Notice of Enforcement in the Federal 
Register each year.
    (c) Definitions. (1) Patrol Commander. As used in this section, 
``Patrol Commander'' or ``PATCOM'' means a Coast Guard Patrol Commander, 
including a Coast Guard coxswain, petty officer, or other officer, or a 
Federal, State, or local officer designated by the Captain of the Port 
San Francisco (COTP) pursuant to a Memorandum of Understanding with that 
agency, to assist in the enforcement of the special local regulation.
    (2) Regulated Area. As used in this section ``Regulated Area'' means 
the area in which the Maverick's Invitational Surf Competition will take 
place. This area is bounded by an arc extending 1000 yards from Sail 
Rock (37 deg.2934" N, 122 deg.3002" W) excluding the waters within 
Pillar Point Harbor. All coordinates are North American Datum 1983. 
Within the Regulated Area, at least two zones will be established and 
marked by buoys on the day of the competition. Due to the dynamic and 
changing nature of the surf, the exact size and location of the zones 
will not be made public until the competition day. The zones will be 
prominently marked by at least 8 buoys, placed by the event sponsor in a 
pattern approved by PATCOM. In addition, the USCG will notify the public 
of the zone locations via broadcast notice to mariners on the day of the 
event.
    (3) Zone 1. As used in this section, ``Zone 1'' means the 
competition area within the Regulated Area. Zone 1 will generally be 
located to the northwest of a line drawn between Sail Rock 
(37 deg.2934" N, 122 deg.3002" W) and Pillar Point Entrance Lighted 
Gong Buoy 1 (37 deg.2910.410" N, 122 deg.3021.904" W).

[[Page 332]]

    (4) Zone 2. As used in this section, ``Zone 2'' means the area 
within the Regulated Area where the Coast Guard may direct the movement 
of all vessels, including restricting vessels from this area. Due to 
weather and sea conditions, the Captain of the Port may deny access to 
Zone 2 and the remainder of the regulated area to all vessels other than 
competitors and support vessels on the day of the event. Zone 2 will 
generally be located to the southeast of a line drawn between Sail Rock 
(37 deg.2934" N, 122 deg.3002" W) and Pillar Point Entrance Lighted 
Gong Buoy 1 (37 deg.2910.410" N, 122 deg.3021.904" W).
    (5) Competitor. As used in this section ``competitor'' means a 
surfer, enrolled in the Maverick's Invitational Surf Competition.
    (6) Support Vessel. As used in this section ``support vessel'' means 
a vessel which is designated and conspicuously marked by the sponsor to 
provide direct support to the competitors.
    (7) Spectator Vessel. As used in this section ``spectator vessel'' 
means any vessel or person which is not designated by the sponsor as a 
support vessel.
    (d) Special Local Regulations. The following regulations apply 
between the hours of 6am and 6pm on the competition day.
    (1) Regulated Area Restrictions:
    (i) Only support vessels may be authorized by the Patrol Commander 
(PATCOM) to enter Zone 1 during the competition.
    (ii) Entering the water in Zone 1 by any person other than the 
competitors is prohibited. Competitors shall enter the water in Zone 1 
from authorized support vessels only.
    (iii) Vessels within Zone 2 shall maneuver as directed by PATCOM. 
Given the changing nature of the surf in the vicinity of the 
competition, PATCOM may close Zone 2 to all vessels due to hazardous 
conditions.
    (iv) Entering the water in Zone 2 by any person is prohibited.
    (v) Rafting and anchoring of vessels are prohibited within the 
Regulated Area.
    (vi) Only vessels authorized by PATCOM shall be permitted to tow 
other watercraft within the regulated area.
    (vii) Spectator and support vessels in Zones 1 and 2 shall operate 
at speeds which will create minimum wake, in general, seven (7) miles 
per hour or less.
    (viii) When hailed or signaled by PATCOM by a succession of sharp, 
short signals by whistle or horn, the hailed vessel must come to an 
immediate stop and comply with the lawful directions issued. Failure to 
comply with a lawful direction may result in additional operating 
restrictions, citation for failure to comply, or both.
    (ix) During the events, vessel operators may contact the PATCOM on 
VHF-FM channel 16.
    (2) [Reserved]

[USCG-2014-0715, 79 FR 61765, Oct. 15, 2014]



Sec.  100.1301  Seattle seafair unlimited hydroplane race.

    (a) This section will only be enforced during times announced by the 
Captain of the Port. The event, which is one week or less in duration, 
generally occurs during the last week of July or the first two weeks of 
August. The Captain of the Port will provide notice of the enforcement 
of this special local regulation by Notice of Enforcement in the Federal 
Register. Additional information may be available through Broadcast 
Notice to Mariners and Local Notice to Mariners.
    (b) The area where the Coast Guard will restrict general navigation 
by this regulation during the hours it is in effect is: The waters of 
Lake Washington bounded by the Interstate 90 (Mercer Island /Lacey V. 
Murrow) Bridge, the western shore of Lake Washington, and the east/west 
line drawn tangent to Bailey Peninsula and along the shoreline of Mercer 
Island.
    (c) The area described in paragraph (b) of this section has been 
divided into two zones. The zones are separated by a line perpendicular 
from the I-90 Bridge to the northwest corner of the East log boom and a 
line extending from the southeast corner of the East log boom to the 
southeast corner of the hydroplane race course and then to the northerly 
tip of Ohlers Island in Andrews Bay. The western zone is designated Zone 
I, the eastern zone, Zone II. (Refer to NOAA Chart 18447).

[[Page 333]]

    (d) The Coast Guard will maintain a patrol consisting of Coast Guard 
vessels, assisted by Auxiliary Coast Guard vessels, in Zone II. The 
Coast Guard patrol of this area is under the direction of the Coast 
Guard Patrol Commander (the ``Patrol Commander''). The Patrol Commander 
is empowered to control the movement of vessels on the racecourse and in 
the adjoining waters during the periods this regulation is in effect. 
The Patrol Commander may be assisted by other federal, state and local 
law enforcement agencies.
    (e) Only authorized vessels may be allowed to enter Zone I during 
the hours this regulation is in effect. Vessels in the vicinity of Zone 
I shall maneuver and anchor as directed by Coast Guard Officers or Petty 
Officers.
    (f) During the times in which the regulation is in effect, swimming, 
wading, or otherwise entering the water in Zone I by any person is 
prohibited while hydroplane boats are on the racecourse. At other times 
in Zone I, any person entering the water from the shoreline shall remain 
west of the swim line, denoted by buoys, and any person entering the 
water from the log boom shall remain within ten (10) feet of the log 
boom.
    (g) During the times in which the regulation is in effect, any 
person swimming or otherwise entering the water in Zone II shall remain 
within ten (10) feet of a vessel.
    (h) During the times this regulation is in effect, rafting to a log 
boom will be limited to groups of three vessels.
    (i) During the times this regulation is in effect, up to six (6) 
vessels may raft together in Zone II if none of the vessels are secured 
to a log boom.
    (j) During the times this regulation is in effect, only vessels 
authorized by the Patrol Commander, other law enforcement agencies or 
event sponsors shall be permitted to tow other watercraft or inflatable 
devices.
    (k) Vessels proceeding in either Zone I or Zone II during the hours 
this regulation is in effect shall do so only at speeds which will 
create minimum wake, seven (07) miles per hour or less. This maximum 
speed may be reduced at the discretion of the Patrol Commander.
    (l) Upon completion of the daily racing activities, all vessels 
leaving either Zone I or Zone II shall proceed at speeds of seven (07) 
miles per hour or less. The maximum speed may be reduced at the 
discretion of the Patrol Commander.
    (m) A succession of sharp, short signals by whistle or horn from 
vessels patrolling the areas under the direction of the Patrol Commander 
shall serve as signal to stop. Vessels signaled shall stop and shall 
comply with the orders of the patrol vessel; failure to do so may result 
in expulsion from the area, citation for failure to comply, or both. The 
Coast Guard may be assisted by other federal, state and local law 
enforcement agencies, as well as official Seafair event craft.

[CGD13-01-004, 66 FR 34822, July 2, 2001, as amended by USCG-2013-1018; 
79 FR 54907, Sept. 15, 2014]



Sec.  100.1302  Special Local Regulation, Annual Dragon Boat Races, 
Portland, Oregon.

    (a) Regulated area. All waters of the Willamette River shore to 
shore, bordered on the north by the Hawthorne Bridge, and on the south 
by the Marquam Bridge.
    (b) Definition. For purposes of this section, race area means an 
area 536-meters-long by 80-feet-wide designated by buoys and floatation 
line markers within the regulated area described in paragraph (a) of 
this section. The buoys have 4-foot poles attached to them. Two of the 
buoys are red, one is white, and the other is yellow. The course runs 
from the north side of the Hawthorne bridge south along the east bank to 
the east most pier of the Markham bridge and from the south side of the 
Markham bridge to the east pier of the center span. The center span is 
left open to allow commercial traffic through during the event. The 
course then continues from the west Pier of the center span and to the 
first pier west on the south side of the piers and continues north and 
ends at River Place dock.
    (c) Enforcement period. The event is a two-day event which will be 
enforced one weekend in June each year. The specific dates will be 
published each year in the Federal Register. In 2015,

[[Page 334]]

this section will be enforced from 7:00 a.m. until 6:00 p.m. on Saturday 
June 6, 2015 and Sunday June 7, 2015.
    (d) Special local regulation. (1) Non-participant vessels are 
prohibited from entering the race area unless authorized by the Coast 
Guard Patrol Commander.
    (2) All persons or vessels not registered with the sponsor as 
participants or not part of the regatta patrol are considered 
spectators. Spectator vessels must be moored to a waterfront facility in 
a way that will not interfere with the progress of the event or have 
permission to enter the area from the event sponsor or Coast Guard 
patrol commander. Spectators must proceed at a safe speed as not to 
cause a wake. This requirement will be strictly enforced to preserve the 
safety of both life and property.
    (3) A succession of sharp, short signals by whistle or horn from 
vessels patrolling the area under the direction of the Patrol Commander 
shall serve as a signal to stop. Vessels signaled shall stop and shall 
comply with the orders of the patrol vessel. Failure to do so may result 
in expulsion from the area, citation for failure to comply, or both.
    (4) The Coast Guard Patrol Commander may be assisted by other 
Federal, State and local law enforcement agencies in enforcing this 
regulation.

[71 FR 42274, July 26, 2006, as amended by USCG-2015-0453, 80 FR 30157, 
May 27, 2015]



Sec.  100.1303  Annual Kennewick, Washington, Columbia Unlimited
Hydroplane Races.

    (a) This regulation is effective each year on the last Tuesday 
through Sunday in July from 8:30 a.m. local time until the last race is 
completed each day at approximately 7:30 p.m. local time, unless sooner 
terminated by the Patrol Commander.
    (b) The Coast Guard will restrict general navigation and anchorage 
by this regulation during the hours it is in effect on all waters of the 
Columbia River bounded by two lines drawn from shore to shore; the first 
line running between position latitude 46 deg.1407" N, longitude 
119 deg.1042" W and position latitude 46 deg.1342" N, longitude 
119 deg.1051" W; and the second line running between position latitude 
46 deg.1335" N, longitude 119 deg.0734" W and position latitude 
46 deg.1310" N, longitude 119 deg.0747" W. [Datum: NAD 83]
    (c) When deemed appropriate, the Coast Guard may establish a patrol 
consisting of active and auxiliary Coast Guard personnel and vessels in 
the area described in paragraph (b) of this section. The patrol shall be 
under the direction of a Coast Guard officer or petty officer designated 
as Coast Guard Patrol Commander. The Patrol Commander is empowered to 
forbid and control the movement of vessels in the area described in 
paragraph (b) of this section.
    (d) The Patrol Commander may authorize vessels to be underway in the 
area described in paragraph (b) of this section during the hours this 
regulations is in effect. All vessels permitted to be underway in the 
controlled area (other than racing or official vessels) shall do so only 
at speeds which will create minimum wake consistent with maintaining 
steerageway, and not to exceed seven (7) miles per hour. This speed 
limit may be adjusted at the discretion of the Patrol Commander to 
enhance the level of safety.
    (e) A succession of sharp, short signals by whistle, siren, or horn 
from vessels patrolling the area under the direction of the U.S. Coast 
Guard Patrol Commander shall serve as a signal to stop. Vessels 
signalled shall stop and shall comply with the orders of the patrol 
vessel personnel; failure to do so may result in expulsion from the 
area, citation for failure to comply, or both.

[CGD13 85-06, 50 FR 25071, June 17, 1985, as amended by CGD13-96-012, 61 
FR 20133, May 6, 1996]



Sec.  100.1304  Annual Seattle Yacht Club's ``Opening Day'' Marine Parade.

    (a) Regulated area. All of Portage Bay, with the northwestern limit 
being the University Bridge, through the Portage Cut (Montlake Cut) into 
and including Union Bay, with the southeastern limit being an imaginary 
line from Webster Point to the eastern corner of Foster Island.
    (b) Effective period. This regulation will be in effect from 8:00 
a.m. to 3:00 p.m. on the first Saturday of May each year unless 
otherwise specified in the

[[Page 335]]

Thirteenth District Local Notice to Mariners.
    (c) Special Local regulations. (1) The regulated area shall be 
closed for the duration of the event to all vessel traffic not 
participating in the event and authorized by the event sponsor or Coast 
Guard Patrol Commander.
    (2) All persons or vessels not registered with the sponsor as 
participants or not part of the regatta patrol are considered 
spectators. Spectator vessels must be at anchor within a designated 
spectator area or moored to a waterfront facility in a way that will not 
interfere with the progress of the event. The following are established 
as spectator areas:
    (i) Northwest of the University Bridge.
    (ii) North of the log boom which will be placed in Union Bay.
    (iii) East of Webster Point so as not to interfere with the 
participating vessels departing Union Bay.
    (3) No spectators shall anchor, block, loiter in, or impede the 
through transit of participants or official patrol vessels in the 
regulated area during the effective dates and times unless cleared for 
such entry by the Patrol Commander.
    (4) Due to the large number of craft confined within this small body 
of water, all vessels, both spectator and participants, will maintain a 
``NO WAKE'' speed. This requirement will be strictly enforced to 
preserve the safety of both life and property.
    (5) A succession of sharp, short signals by whistle or horn from 
vessels patrolling the area under the direction of the Patrol Commander 
shall serve as a signal to stop. Vessels signaled shall stop and shall 
comply with the orders of the patrol vessel. Failure to do so may result 
in expulsion from the area, citation for failure to comply, or both.

[CGD13-89-02, 54 FR 19167, May 4, 1989]



Sec.  100.1305  Richland, Washington, west coast outboard championship
hydro races.

    (a) Regulated area. By this regulation, the Coast Guard will 
restrict general navigation and anchorage on the waters of the Columbia 
River between River Mile 337 and River Mile 339. This restricted area 
includes all waters between the above mile marks in Richland, 
Washington, and is approximately 2 miles long.
    (b) Special local regulations. (1) This event will take place from 
6. a.m. p.d.t. to approximately 5 p.m. p.d.t. on the third Friday, 
Saturday, and Sunday of August, annually, in the described waters of the 
Columbia River, Richland, Washington.
    (2) No person or vessel may enter or remain in the regulated area 
except for participants in the event, supporting personnel, vessels 
registered with the event organizer, and personnel or vessels authorized 
by the Coast Guard Patrol Commander.
    (3) Patrol of the described area will be under the direction of a 
designated Coast Guard Patrol Commander. The Patrol Commander is 
empowered to control the movement of vessels in the regulated area and 
adjoining waters during the hours these regulations are in effect.
    (4) A succession of sharp, short signals by whistle, siren, or horn, 
from vessels patrolling the area under the direction of the Patrol 
Commander shall serve as a signal to stop. Vessels or persons signaled 
shall stop and shall comply with the orders of the patrol vessel. 
Failure to do so may result in expulsion from the area, citation for 
failure to comply, or both.
    (c) Effective times and dates. This regulation becomes effective 
each year on the third Friday of August, at 6 a.m. p.d.t. and terminates 
on the third Sunday of August, at 6 p.m. p.d.t. or upon completion of 
each event.

[CGD13-90-08, 55 FR 32624, Aug. 10, 1990]



Sec.  100.1306  National Maritime Week Tugboat Races, Seattle, WA.

    (a) Regulated Area. A regulated area is established on that portion 
of Elliott Bay along the Seattle waterfront in Puget Sound bounded by a 
line beginning at: 47 deg.3736" N, 122 deg.2242" W; thence to 
47 deg.3724.5" N, 122 deg.2258.5" W; thence to 47 deg.3608" N, 
122 deg.2053" W; thence to 47 deg.3621" N, 122 deg.2031" W; thence 
returning to the origin. This regulated area resembles a rectangle 
measuring approximately 3,900 yards along the shoreline between Pier 57 
and Pier 89, and extending approximately 650 yards into Elliott Bay. 
Temporary floating markers will be placed by the race

[[Page 336]]

sponsors to delineate the regulated area. [Datum: NAD 1983]
    (b) Special Local Regulations. (1) No person or vessel may enter or 
remain in the regulated area except for participants in the event, 
supporting personnel, vessels registered with the event organizer, and 
personnel or vessels authorized by the Coast Guard Patrol Commander.
    (2) When deemed appropriate, the Coast Guard may establish a patrol 
consisting of active and auxiliary Coast Guard vessels and personnel in 
the area described in paragraph (a) of this section. The patrol shall be 
under the direction of a Coast Guard officer or petty officer designated 
by the Captain of the Port as the Coast Guard Patrol Commander. The 
Patrol Commander may forbid and control the movement of vessels in the 
area described in paragraph (a) of this section.
    (3) A succession of sharp, short blasts from whistle or horn from 
vessels patrolling the area under the direction of the Patrol Commander 
shall serve as a signal to stop. Vessels signaled shall stop and comply 
with the orders of the patrol vessel. Failure to do so may result in 
expulsion from the area, citation for failure to comply, or both.
    (c) Enforcement dates. This section is enforced annually on the 
second or third Saturday in May from 12 p.m. to 4:30 p.m. The event will 
be one day only and the specific date will be published each year in the 
Federal Register. In 2005, this section will be enforced from 12 p.m. to 
4:30 p.m. on Saturday May 14.

[CGD13-95-003, 61 FR 16710, Apr. 17, 1996, as amended by CGD13-05-004, 
70 FR 23938, May 6, 2005]



Sec.  100.1307  Special Local Regulations, Strait Thunder Performance,
Port Angeles, WA.

    (a) Regulated Areas. (1) The race area encompasses all waters 
located inside of a line connecting the following points located near 
Port Angeles, Washington:

Point 1: 48 deg.0724" N, 123 deg.2532" W;
Point 2: 48 deg.0726" N, 123 deg.2435" W;
Point 3: 48 deg.0712" N, 123 deg.2531" W;
Point 4: 48 deg.0715" N, 123 deg.2434" W.
[Datum: NAD 1983].

    (2) The spectator area encompasses all waters located within a box 
bounded by the following points located near Port Angeles, Washington:

Point 1: 48 deg.0732" N, 123 deg.2533" W;
Point 2: 48 deg.0729" N, 123 deg.2436" W;
Point 3: 48 deg.0724" N, 123 deg.2532" W;
Point 4: 48 deg.0726" N, 123 deg.2435" W.
[Datum: NAD 1983.]

    (b) Definitions. For the purpose of this section the following 
definitions apply:
    (1) Coast Guard Patrol Commander means a commissioned, warrant, or 
petty officer of the Coast Guard who has been designated by Commander, 
Coast Guard Group Port Angeles. The Coast Guard Patrol Commander is 
empowered to control the movement of vessels in the regulated area.
    (2) Patrol Vessel means any Coast Guard vessel, Coast Guard 
Auxiliary vessel, or other federal, state or local law enforcement 
vessel.
    (c) Special Local Regulations. (1) Non-participant vessels are 
prohibited from entering the race area unless authorized by the Coast 
Guard Patrol Commander.
    (2) Spectator craft may remain in the designated spectator area but 
must follow the directions of the Coast Guard Patrol Commander. 
Spectator craft entering, exiting or moving within the spectator area 
must operate at speeds, which will create a minimum wake, and not exceed 
seven knots. The maximum speed may be reduced at the discretion of the 
Patrol Commander.
    (3) A succession of sharp, short signals by whistle or horn from a 
Patrol Vessel will serve as a signal to stop. Vessels signaled must stop 
and comply with the orders of the Patrol Vessel. Failure to do so may 
result in expulsion from the area, citation for failure to comply, or 
both.
    (4) The Coast Guard Patrol Commander may be assisted by other 
federal, state and local law enforcement agencies in enforcing this 
regulation.
    (d) Enforcement dates. This section is enforced annually on the 
first or second Friday, Saturday, and Sunday in October from 9 a.m. 
until 5 p.m. The event is a three day event and the specific dates will 
be published each year in the Federal Register. In 2005, this section 
will be enforced from 9 a.m.

[[Page 337]]

until 5 p.m. on Friday, September 30th, to Sunday, October 2nd.

[CGD13-05-009, 70 FR 58056, Oct. 5, 2005]



Sec.  100.1308  Special Local Regulation; Hydroplane Races within the 
Captain of the Port Puget Sound Area of Responsibility.

    (a) Location. The following areas are designated race areas for the 
purpose of reoccurring hydroplane races:
    (1) Dyes Inlet. West of Port Orchard, WA to include all waters north 
to land from a line connecting the following points 47 deg.37.36 N, 
122 deg.42.29 W and 47 deg.37.74 N, 122 deg.40.64 W (NAD 1983).
    (2) Lake Washington. South of the Interstate 90 bridge and north of 
Andrew's Bay to include all waters east of the shoreline within the 
following points: 47 deg.34.15 N, 122 deg.16.40 W; 47 deg.34.31 N, 
122 deg.15.96 W; 47 deg.35.18 N, 122 deg.16.31 W; 47 deg.35.00 N, 
122 deg.16.71 W (NAD 1983).
    (3) Lake Sammamish. South to land from a line connecting the 
following points 47 deg.33.810 N, 122 deg.04.810 W and 47 deg.33.810 
N, 122 deg. deg;03.674 W (NAD 1983).
    (b) Notice of enforcement or suspension of enforcement. This special 
local regulation 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 hydroplane event in accordance with 33 
CFR 100. The Captain of the Port will provide notice of the enforcement 
of this special local regulation by all appropriate means to ensure the 
widest dissemination among the affected segments of the public, as 
practicable; such means of notification may include but are not limited 
to, Broadcast Notice to Mariners or Local Notice to Mariners.
    (c) Regulations. (1) When this special local regulation is enforced, 
non-participant vessels are prohibited from entering the designated race 
areas unless authorized by the designated on-scene Patrol Commander. 
Spectator craft may remain in designated spectator areas but must follow 
the directions of the designated on-scene Patrol Commander. The event 
sponsor may also function as the designated on-scene Patrol Commander. 
Spectator craft entering, exiting or moving within the spectator area 
must operate at speeds which will create a minimum wake.
    (2) Emergency signaling. A succession of sharp, short signals by 
whistle or horn from vessels patrolling the areas under the discretion 
of the designated on-scene Patrol Commander shall serve as a signal to 
stop. Vessels signaled shall stop and shall comply with the orders of 
the patrol vessel. Failure to do so may result in expulsion from the 
area, citation for failure to comply, or both.

[USCG-2009-0996, 76 FR 17341, Mar. 29, 2011]



Sec.  100.1309  Special Local Regulation; Olympia Harbor Days Tug Boat
Races, Budd Inlet, WA.

    (a) Regulated area. The following area is specified as a race area: 
All waters of Budd Inlet, WA the width of the navigation channel south 
of a line connecting the following points: 47 deg.05.530 N, 
122 deg.55.844 W and 47 deg.05.528 N, 122 deg.55.680 W until reaching 
the northernmost end of the navigation channel at a line connecting the 
following points: 47 deg.05.108 N, 122 deg.55.799 W and 47 deg.05.131 
N, 122 deg.55.659 W then southeasterly until reaching the southernmost 
entrance of the navigation channel at a line connecting the following 
points: 47 deg.03.946 N, 122 deg.54.577 W, 47 deg.04.004 N, 
122 deg.54.471 W.
    (b) Regulations. In accordance with the general regulations in 33 
CFR part 100, the regulated area shall be closed immediately prior to, 
during and immediately after the event to all persons and vessels not 
participating in the event and authorized by the event sponsor.
    (c) Authorization. All persons or vessels who desire to enter the 
designated race area created in this section while it is enforced must 
obtain permission from the on-scene patrol craft on VHF Ch 13.
    (d) Notice of enforcement dates. This Special Local Regulation will 
only be enforced during times announced by the Captain of the Port. The 
Captain of the Port will provide notice of the enforcement of this 
special local regulation by Notice of Enforcement in the Federal 
Register. Additional information may be available through

[[Page 338]]

Broadcast Notice to Mariners and Local Notice to Mariners.

[USCG-2010-1024,76 FR 30827, May 27, 2011]

[[Page 339]]



                     SUBCHAPTER H_MARITIME SECURITY





PART 101_MARITIME SECURITY: GENERAL--Table of Contents



                            Subpart A_General

Sec.
101.100 Purpose.
101.105 Definitions.
101.110 Applicability.
101.112 Federalism.
101.115 Incorporation by reference.
101.120 Alternatives.
101.125 [Reserved]
101.130 Equivalent security measures.

               Subpart B_Maritime Security (MARSEC) Levels

101.200 MARSEC Levels.
101.205 [Reserved]

             Subpart C_Communication (Port-Facility-Vessel)

101.300 Preparedness communications.
101.305 Reporting.
101.310 Additional communication devices.

                 Subpart D_Control Measures for Security

101.400 Enforcement.
101.405 Maritime Security (MARSEC) Directives.
101.410 Control and Compliance Measures.
101.415 Penalties.
101.420 Right to appeal.

                       Subpart E_Other Provisions

101.500 Procedures for authorizing a Recognized Security Organization 
          (RSO). [Reserved]
101.505 Declaration of Security (DoS).
101.510 Assessment Tools.
101.514 TWIC Requirement.
101.515 TWIC/Personal Identification.
101.520 Electronic TWIC inspection.
101.525 TSA list of cancelled TWICs.
101.530 PACS requirements for Risk Group A.
101.535 Electronic TWIC inspection requirements for Risk Group A.
101.540 Electronic TWIC inspection requirements for vessels, facilities, 
          and OCS facilities not in Risk Group A.
101.545 [Reserved]
101.550 TWIC inspection requirements in special circumstances.
101.555 Recurring Unescorted Access for Risk Group A vessels and 
          facilities.

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 
191, 192; Executive Order 12656, 3 CFR 1988 Comp., p. 585; 33 CFR 1.05-
1, 6.04-11, 6.14, 6.16, and 6.19; Department of Homeland Security 
Delegation No. 0170.1.

    Source: USCG-2003-14792, 68 FR 39278, July 1, 2003, unless otherwise 
noted.

    Editorial Note: Nomenclature changes to part 101 appear by USCG-
2008-0179, 73 FR 35009, June 19, 2008.



                            Subpart A_General



Sec.  101.100  Purpose.

    (a) The purpose of this subchapter is:
    (1) To implement portions of the maritime security regime required 
by the Maritime Transportation Security Act of 2002, as codified in 46 
U.S.C. Chapter 701;
    (2) To align, where appropriate, the requirements of domestic 
maritime security regulations with the international maritime security 
standards in the International Convention for the Safety of Life at Sea, 
1974 (SOLAS Chapter XI-2) and the International Code for the Security of 
Ships and of Port Facilities, parts A and B, adopted on 12 December 
2002; and
    (3) To ensure security arrangements are as compatible as possible 
for vessels trading internationally.
    (b) For those maritime elements of the national transportation 
system where international standards do not directly apply, the 
requirements in this subchapter emphasize cooperation and coordination 
with local port community stakeholders, and are based on existing 
domestic standards, as well as established industry security practices.
    (c) The assessments and plans required by this subchapter are 
intended for use in implementing security measures at various MARSEC 
Levels. The specific security measures and their implementation are 
planning criteria based on a set of assumptions made during the 
development of the security assessment and plan. These assumptions may 
not exist during an actual transportation security incident.

[USCG-2003-14792, 68 FR 39278, July 1, 2003, as amended at 68 FR 60470, 
Oct. 22, 2003]

[[Page 340]]



Sec.  101.105  Definitions.

    Unless otherwise specified, as used in this subchapter:
    Alternative Security Program means a third-party or industry 
organization developed standard that the Commandant has determined 
provides an equivalent level of security to that established by this 
subchapter.
    Area Commander means the U.S. Coast Guard officer designated by the 
Commandant to command a Coast Guard Area as described in 33 CFR part 3.
    Area Maritime Security (AMS) Assessment means an analysis that 
examines and evaluates the infrastructure and operations of a port 
taking into account possible threats, vulnerabilities, and existing 
protective measures, procedures and operations.
    Area Maritime Security (AMS) Committee means the committee 
established pursuant to 46 U.S.C. 70112(a)(2)(A). This committee can be 
the Port Security Committee established pursuant to Navigation and 
Vessel Inspection Circular (NVIC) 09-02 change 2, available from the 
cognizant Captain of the Port (COTP) or at http://www.uscg.mil/hq/cg5/
nvic/.
    Area Maritime Security (AMS) Plan means the plan developed pursuant 
to 46 U.S.C. 70103(b). This plan may be the Port Security plan developed 
pursuant to NVIC 09-02 provided it meets the requirements of part 103 of 
this subchapter.
    Area of Responsibility (AOR) means a Coast Guard area, district, 
marine inspection zone or COTP zone described in 33 CFR part 3.
    Audit means an evaluation of a security assessment or security plan 
performed by an owner or operator, the owner or operator's designee, or 
an approved third-party, intended to identify deficiencies, non-
conformities and/or inadequacies that would render the assessment or 
plan insufficient.
    Barge means a non-self-propelled vessel (46 CFR 24.10-1).
    Barge fleeting facility means a commercial area, subject to 
permitting by the Army Corps of Engineers, as provided in 33 CFR part 
322, part 330, or pursuant to a regional general permit the purpose of 
which is for the making up, breaking down, or staging of barge tows.
    Breach of security means an incident that has not resulted in a 
transportation security incident, in which security measures have been 
circumvented, eluded, or violated.
    Bulk or in bulk means a commodity that is loaded or carried on board 
a vessel without containers or labels, and that is received and handled 
without mark or count.
    Bunkers means a vessel's fuel supply.
    Captain of the Port (COTP) means the local officer exercising 
authority for the COTP zones described in 33 CFR part 3. The COTP is the 
Federal Maritime Security Coordinator described in 46 U.S.C. 
70103(a)(2)(G) and also the Port Facility Security Officer as described 
in the ISPS Code, part A.
    Cargo means any goods, wares, or merchandise carried, or to be 
carried, for consideration, whether directly or indirectly flowing to 
the owner, charterer, operator, agent, or any other person interested in 
the vessel, facility, or OCS facility, except dredge spoils.
    Cargo vessel means a vessel that carries, or intends to carry, cargo 
as defined in this section.
    Certain Dangerous Cargo (CDC) means the same as defined in 33 CFR 
160.202.
    Commandant means the Commandant of the U.S. Coast Guard.
    Company means any person or entity that owns any facility, vessel, 
or OCS facility subject to the requirements of this subchapter, or has 
assumed the responsibility for operation of any facility, vessel, or OCS 
facility subject to the requirements of this subchapter, including the 
duties and responsibilities imposed by this subchapter.
    Company Security Officer (CSO) means the person designated by the 
Company as responsible for the security of the vessel or OCS facility, 
including implementation and maintenance of the vessel or OCS facility 
security plan, and for liaison with their respective vessel or facility 
security officer and the Coast Guard.
    Contracting Government means any government of a nation that is a 
signatory to SOLAS, other than the U.S.
    Cruise ship means any vessel over 100 gross register tons, carrying 
more than

[[Page 341]]

12 passengers for hire which makes voyages lasting more than 24 hours, 
of which any part is on the high seas. Passengers from cruise ships are 
embarked or disembarked in the U.S. or its territories. Cruise ships do 
not include ferries that hold Coast Guard Certificates of Inspection 
endorsed for ``Lakes, Bays, and Sounds'', that transit international 
waters for only short periods of time on frequent schedules.
    Dangerous goods and/or hazardous substances, for the purposes of 
this subchapter, means cargoes regulated by parts 126, 127, or 154 of 
this chapter.
    Dangerous substances or devices means any material, substance, or 
item that reasonably has the potential to cause a transportation 
security incident.
    Declaration of Security (DoS) means an agreement executed between 
the responsible Vessel and Facility Security Officer, or between Vessel 
Security Officers in the case of a vessel-to-vessel activity, that 
provides a means for ensuring that all shared security concerns are 
properly addressed and security will remain in place throughout the time 
a vessel is moored to the facility or for the duration of the vessel-to-
vessel activity, respectively.
    District Commander means the U.S. Coast Guard officer designated by 
the Commandant to command a Coast Guard District described in 33 CFR 
part 3.
    Drill means a training event that tests at least one component of 
the AMS, vessel, or facility security plan and is used to maintain a 
high level of security readiness.
    Escorting means ensuring that the escorted individual is 
continuously accompanied while within a secure area in a manner 
sufficient to observe whether the escorted individual is engaged in 
activities other than those for which escorted access was granted. This 
may be accomplished via having a side-by-side companion or monitoring, 
depending upon where the escorted individual will be granted access. 
Individuals without TWICs may not enter restricted areas without having 
an individual who holds a TWIC as a side-by-side companion, except as 
provided in Sec. Sec.  104.267, 105.257, and 106.262 of this subchapter.
    Exercise means a comprehensive training event that involves several 
of the functional elements of the AMS, vessel, or facility security plan 
and tests communications, coordination, resource availability, and 
response.
    Facility means any structure or facility of any kind located in, on, 
under, or adjacent to any waters subject to the jurisdiction of the U.S. 
and used, operated, or maintained by a public or private entity, 
including any contiguous or adjoining property under common ownership or 
operation.
    Facility Security Assessment (FSA) means an analysis that examines 
and evaluates the infrastructure and operations of the facility taking 
into account possible threats, vulnerabilities, consequences, and 
existing protective measures, procedures and operations.
    Facility Security Officer (FSO) means the person designated as 
responsible for the development, implementation, revision and 
maintenance of the facility security plan and for liaison with the COTP 
and Company and Vessel Security Officers.
    Facility Security Plan (FSP) means the plan developed to ensure the 
application of security measures designed to protect the facility and 
its servicing vessels or those vessels interfacing with the facility, 
their cargoes, and persons on board at the respective MARSEC Levels.
    Ferry means a vessel which is limited in its use to the carriage of 
deck passengers or vehicles or both, operates on a short run on a 
frequent schedule between two or more points over the most direct water 
route, other than in ocean or coastwise service.
    Foreign vessel means a vessel of foreign registry or a vessel 
operated under the authority of a country, except the U.S., that is 
engaged in commerce.
    General shipyard facility means--
    (1) For operations on land, any structure or appurtenance thereto 
designed for the construction, repair, rehabilitation, refurbishment, or 
rebuilding of any vessel, including graving docks, building ways, ship 
lifts, wharves, and pier cranes; the land necessary for any structures 
or appurtenances; and the equipment necessary for the performance of any 
function referred to in this definition; and

[[Page 342]]

    (2) For operations other than on land, any vessel, floating drydock, 
or barge used for, or a type that is usually used for, activities 
referred to in paragraph (1) of this definition.
    Gross register tons (GRT) means the gross ton measurement of the 
vessel under 46 U.S.C. chapter 145, Regulatory Measurement. For a vessel 
measured under only 46 U.S.C. chapter 143, Convention Measurement, the 
vessel's gross tonnage, ITC is used to apply all thresholds expressed in 
terms of gross register tons.
    Gross tonnage, ITC (GT ITC) means the gross tonnage measurement of 
the vessel under 46 U.S.C. chapter 143, Convention Measurement. Under 
international conventions, this parameter may be referred to as ``gross 
tonnage (GT).''
    Hazardous materials means hazardous materials subject to regulation 
under 46 CFR parts 148, 150, 151, 153, or 154, or 49 CFR parts 171 
through 180.
    Infrastructure means facilities, structures, systems, assets, or 
services so vital to the port and its economy that their disruption, 
incapacity, or destruction would have a debilitating impact on defense, 
security, the environment, long-term economic prosperity, public health 
or safety of the port.
    International voyage means a voyage between a country to which SOLAS 
applies and a port outside that country. A country, as used in this 
definition, includes every territory for the internal relations of which 
a contracting government to the convention is responsible or for which 
the United Nations is the administering authority. For the U.S., the 
term ``territory'' includes the Commonwealth of Puerto Rico, all 
possessions of the United States, and all lands held by the U.S. under a 
protectorate or mandate. For the purposes of this subchapter, vessels 
solely navigating the Great Lakes and the St. Lawrence River as far east 
as a straight line drawn from Cap des Rosiers to West Point, Anticosti 
Island and, on the north side of Anticosti Island, the 63rd meridian, 
are considered on an ``international voyage'' when on a voyage between a 
U.S. port and a Canadian port.
    ISPS Code means the International Ship and Port Facility Security 
Code, as incorporated into SOLAS.
    Maritime Security (MARSEC) Directive means an instruction issued by 
the Commandant, or his/her delegee, mandating specific security measures 
for vessels and facilities that may be involved in a transportation 
security incident.
    Maritime Security (MARSEC) Level means the level set to reflect the 
prevailing threat environment to the marine elements of the national 
transportation system, including ports, vessels, facilities, and 
critical assets and infrastructure located on or adjacent to waters 
subject to the jurisdiction of the U.S.
    MARSEC Level 1 means the level for which minimum appropriate 
protective security measures shall be maintained at all times.
    MARSEC Level 2 means the level for which appropriate additional 
protective security measures shall be maintained for a period of time as 
a result of heightened risk of a transportation security incident.
    MARSEC Level 3 means the level for which further specific protective 
security measures shall be maintained for a limited period of time when 
a transportation security incident is probable or imminent, although it 
may not be possible to identify the specific target.
    Master means the holder of a valid merchant mariner credential or 
license that authorizes the individual to serve as a Master, operator, 
or person in charge of the rated vessel. For the purposes of this 
subchapter, Master also includes the Person in Charge of a MODU, and the 
operator of an uninspected towing vessel.
    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.
    OCS Facility means any artificial island, installation, or other 
complex of

[[Page 343]]

one or more structures permanently or temporarily attached to the 
subsoil or seabed of the OCS, erected for the purpose of exploring for, 
developing or producing oil, natural gas or mineral resources. This 
definition includes all mobile offshore drilling units (MODUs) not 
covered under part 104 of this subchapter, when attached to the subsoil 
or seabed of offshore locations, but does not include deepwater ports, 
as defined by 33 U.S.C. 1502, or pipelines.
    Operator, Uninspected Towing Vessel means an individual who holds a 
merchant mariner credential or license described in 46 CFR 15.805(a)(5) 
or 46 CFR 15.810(d).
    Owner or operator means any person or entity that owns, or maintains 
operational control over, any facility, vessel, or OCS facility subject 
to this subchapter. This includes a towing vessel that has operational 
control of an unmanned vessel when the unmanned vessel is attached to 
the towing vessel and a facility that has operational control of an 
unmanned vessel when the unmanned vessel is not attached to a towing 
vessel and is moored to the facility; attachment begins with the 
securing of the first mooring line and ends with the casting-off of the 
last mooring line.
    Passenger vessel means--
    (1) On an international voyage, a vessel carrying more than 12 
passengers, including at least one passenger-for-hire; and
    (2) On other than an international voyage:
    (i) A vessel of at least 100 gross register tons carrying more than 
12 passengers, including at least one passenger-for-hire;
    (ii) A vessel of less than 100 gross register tons carrying more 
than 6 passengers, including at least one passenger-for-hire;
    (iii) A vessel that is chartered and carrying more than 12 
passengers;
    (iv) A submersible vessel that is carrying at least one passenger-
for-hire; or
    (v) A wing-in-ground craft, regardless of tonnage, that is carrying 
at least one passenger-for-hire.
    Passenger-for-hire means a passenger for whom consideration is 
contributed as a condition of carriage on the vessel, whether directly 
or indirectly flowing to the owner, charterer, operator, agent, or any 
other person having an interest in the vessel.
    Personal Identification Number (PIN) means a personally selected 
number stored electronically on the individual's TWIC.
    Public access facility means a facility--
    (1) That is used by the public primarily for purposes such as 
recreation, entertainment, retail, or tourism, and not for receiving 
vessels subject to part 104;
    (2) That has minimal infrastructure for servicing vessels subject to 
part 104 of this chapter; and
    (3) That receives only:
    (i) Vessels not subject to part 104 of this chapter, or
    (ii) Passenger vessels, except:
    (A) Ferries certificated to carry vehicles;
    (B) Cruise ships; or
    (C) Passenger vessels subject to SOLAS Chapter XI-1 or SOLAS Chapter 
XI-2.
    Recurring unescorted access means authorization to enter a vessel on 
a continual basis after an initial personal identity and credential 
verification.
    Registered length means the registered length as defined in 46 CFR 
part 69.
    Restricted areas mean the infrastructures or locations identified in 
an area, vessel, or facility security assessment or by the operator that 
require limited access and a higher degree of security protection. The 
entire facility may be designated the restricted area, as long as the 
entire facility is provided the appropriate level of security.
    Review and approval means the process whereby Coast Guard officials 
evaluate a plan or proposal to determine if it complies with this 
subchapter and/or provides an equivalent level of security.
    Screening means a reasonable examination of persons, cargo, 
vehicles, or baggage for the protection of the vessel, its passengers 
and crew. The purpose of the screening is to secure the vital government 
interest of protecting vessels, harbors, and waterfront facilities from 
destruction, loss, or injury from sabotage or other causes of similar 
nature. Such screening is intended to ensure that dangerous substances

[[Page 344]]

and devices, or other items that pose a real danger of violence or a 
threat to security are not present.
    Secure area means the area on board a vessel or at a facility or 
outer continental shelf facility over which the owner/operator has 
implemented security measures for access control in accordance with a 
Coast Guard approved security plan. It does not include passenger access 
areas, employee access areas, or public access areas, as those terms are 
defined in Sec. Sec.  104.106, 104.107, and 105.106, respectively, of 
this subchapter. Vessels operating under the waivers provided for at 46 
U.S.C. 8103(b)(3)(A) or (B) have no secure areas. Facilities subject to 
part 105 of this subchapter located in the Commonwealth of the Northern 
Mariana Islands and American Samoa have no secure areas. Facilities 
subject to part 105 of this subchapter may, with approval of the Coast 
Guard, designate only those portions of their facility that are directly 
connected to maritime transportation or are at risk of being involved in 
a transportation security incident as their secure areas.
    Security sweep means a walkthrough to visually inspect unrestricted 
areas to identify unattended packages, briefcases, or luggage and 
determine that all restricted areas are secure.
    Security system means a device or multiple devices designed, 
installed and operated to monitor, detect, observe or communicate about 
activity that may pose a security threat in a location or locations on a 
vessel or facility.
    Sensitive security information (SSI) means information within the 
scope of 49 CFR part 1520.
    SOLAS means the International Convention for the Safety of Life at 
Sea Convention, 1974, as amended.
    Survey means an on-scene examination and evaluation of the physical 
characteristics of a vessel or facility, and its security systems, 
processes, procedures, and personnel.
    Transportation security incident (TSI) means a security incident 
resulting in a significant loss of life, environmental damage, 
transportation system disruption, or economic disruption in a particular 
area.
    TWIC means a valid, non-revoked transportation worker identification 
credential, as defined and explained in 49 CFR part 1572.
    TWIC Program means those procedures and systems that a vessel, 
facility, or outer continental shelf facility (OCS) must implement in 
order to assess and validate TWICs when maintaining access control.
    Unaccompanied baggage means any baggage, including personal effects, 
that is not being brought on board on behalf of a person who is boarding 
the vessel.
    Unescorted access means having the authority to enter and move about 
a secure area without escort.
    Vessel-to-facility interface means the interaction that occurs when 
a vessel is directly and immediately affected by actions involving the 
movement of persons, cargo, vessel stores, or the provisions of facility 
services to or from the vessel.
    Vessel-to-port interface means the interaction that occurs when a 
vessel is directly and immediately affected by actions involving the 
movement of persons, cargo, vessel stores, or the provisions of port 
services to or from the vessel.
    Vessel Security Assessment (VSA) means an analysis that examines and 
evaluates the vessel and its operations taking into account possible 
threats, vulnerabilities, consequences, and existing protective 
measures, procedures and operations.
    Vessel Security Plan (VSP) means the plan developed to ensure the 
application of security measures designed to protect the vessel and the 
facility that the vessel is servicing or interacting with, the vessel's 
cargoes, and persons on board at the respective MARSEC Levels.
    Vessel Security Officer (VSO) means the person onboard the vessel, 
accountable to the Master, designated by the Company as responsible for 
security of the vessel, including implementation and maintenance of the 
Vessel Security Plan, and for liaison with the Facility Security Officer 
and the vessel's Company Security Officer.
    Vessel stores means--

[[Page 345]]

    (1) Materials that are on board a vessel for the upkeep, 
maintenance, safety, operation or navigation of the vessel; and
    (2) Materials for the safety or comfort of the vessel's passengers 
or crew, including any provisions for the vessel's passengers or crew.
    Vessel-to-vessel activity means any activity not related to a 
facility or port that involves the transfer of cargo, vessel stores, or 
persons from one vessel to another.
    Waters subject to the jurisdiction of the U.S., for purposes of this 
subchapter, includes all waters described in section 2.36(a) of this 
chapter; the Exclusive Economic Zone, in respect to the living and non-
living resources therein; and, in respect to facilities located on the 
Outer Continental Shelf of the U.S., the waters superjacent thereto.

[USCG-2003-14792, 68 FR 39278, July 1, 2003]

    Editorial Note: For Federal Register citations affecting Sec.  
101.105, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.

    Effective Date Note: By USCG-2007-28915, 81 FR 57707, Aug. 23, 2016, 
Sec.  101.105 was amended as follows, effective Aug. 23, 2018:
    a. Adding the definitions, in alphabetical order, of ``biometric 
match''; ``Canceled Card List (CCL)''; ``Card Holder Unique Identifier 
(CHUID)''; ``card validity check''; ``Designated Recurring Access Area 
(DRAA)''; ``electronic TWIC inspection''; ``identity verification''; 
``Mobile Offshore Drilling Unit (MODU)''; ``Non-TWIC visual identity 
verification;'' ``Offshore Supply Vessel (OSV)''; ``Physical Access 
Control System (PACS)''; ``Qualified Reader''; ``Risk Group''; 
``Transparent Reader''; ``TWIC reader''; and ``visual TWIC inspection''; 
and
    b. Revising the definitions of ``bulk or in bulk''; ``recurring 
unescorted access''; and ``TWIC Program''. For the convenience of the 
user, the added and revised text is set forth as follows:



Sec.  101.105  Definitions.

                                * * * * *

    Biometric match means a confirmation that: One of the two biometric 
templates stored in the Transportation Worker Identification Credential 
(TWIC) matches the scanned biometric template of the person presenting 
the TWIC; or the alternate biometric stored in a Physical Access Control 
System (PACS) matches the corresponding biometric of the person.

                                * * * * *

    Bulk or in bulk means a commodity that is loaded or carried without 
containers or labels, and that is received and handled without mark or 
count. This includes cargo transferred using hoses, conveyors, or vacuum 
systems.

                                * * * * *

    Canceled Card List (CCL) is a list of Federal Agency Smart 
Credential-Numbers (FASC-Ns) that have been invalidated or revoked 
because TSA has determined that the TWIC-holder may pose a security 
threat, or the card has been reported lost, stolen, or damaged.

                                * * * * *

    Card Holder Unique Identifier (CHUID) means the standardized data 
object comprised of the FASC-N, globally unique identifier, expiration 
date, and certificate used to validate the data integrity of other data 
objects on the credential.
    Card validity check means electronic verification that the TWIC has 
not been invalidated or revoked by checking the TWIC against the TSA-
supplied list of cancelled TWICs or, for vessels and facilities not in 
Risk Group A, by verifying that the expiration date on the face of the 
TWIC has not passed.

                                * * * * *

    Designated Recurring Access Area (DRAA) means an area designated 
under Sec.  101.555 where persons are permitted recurring access to a 
secure area of a vessel or facility.

                                * * * * *

    Electronic TWIC inspection means the process by which the TWIC is 
authenticated, validated, and the individual presenting the TWIC is 
matched to the stored biometric template.

                                * * * * *

    Identity verification means the process by which an individual 
presenting a TWIC is verified as the owner of the TWIC.

                                * * * * *

    Mobile Offshore Drilling Unit (MODU) means the same as defined in 33 
CFR 140.10.

                                * * * * *

[[Page 346]]

    Non-TWIC visual identity verification means the process by which an 
individual who is known to have been granted unescorted access to a 
secure area on a vessel or facility is matched to the picture on the 
facility's PACS card or a government-issued identification card.

                                * * * * *

    Offshore Supply Vessel (OSV) means the same as defined in 46 CFR 
125.160.

                                * * * * *

    Physical Access Control System (PACS) means a system that includes 
devices, personnel, and policies, that controls access to and within a 
facility or vessel.

                                * * * * *

    Qualified Reader means an electronic device listed on TSA's 
Qualified Technology List that is capable of reading a TWIC.
    Recurring unescorted access refers to special access procedures 
within a DRAA where a person may enter a secure area without passing an 
electronic TWIC inspection prior to each entry into the secure area.

                                * * * * *

    Risk Group means the risk ranking assigned to a vessel, facility, or 
OCS facility according to Sec. Sec.  104.263, 105.253, or 106.258 of 
this subchapter, for the purpose of TWIC requirements in this 
subchapter.

                                * * * * *

    Transparent Reader means a device capable of reading the information 
from a TWIC or individual seeking access and transmitting it to a system 
capable of conducting electronic TWIC inspection.

                                * * * * *

    TWIC Program means those procedures and systems that a vessel, 
facility, or outer continental shelf (OCS) facility must implement in 
order to assess and validate TWICs when maintaining access control.
    TWIC reader means a device capable of conducting an electronic TWIC 
inspection.

                                * * * * *

    Visual TWIC inspection means the process by which the TWIC is 
authenticated, validated, and the individual presenting the TWIC is 
matched to the photograph on the face of the TWIC.

                                * * * * *



Sec.  101.110  Applicability.

    Unless otherwise specified, this subchapter applies to vessels, 
structures, and facilities of any kind, located under, in, on, or 
adjacent to waters subject to the jurisdiction of the U.S.



Sec.  101.112  Federalism.

    (a) The regulations in 33 CFR parts 101, 103, 104, and 106 have 
preemptive effect over State or local regulation within the same field.
    (b) The regulations in 33 CFR part 105 have preemptive effect over 
State or local regulations insofar as a State or local law or regulation 
applicable to the facilities covered by part 105 would conflict with the 
regulations in part 105, either by actually conflicting or by 
frustrating an overriding Federal need for uniformity.

[USCG-2007-28915, 81 FR 57708, Aug. 23, 2016]

    Effective Date Note: By USCG-2007-28915, 81 FR 57708, Aug. 23, 2016, 
Sec.  101.112 was added, effective Aug. 23, 2018.



Sec.  101.115  Incorporation by reference.

    (a) Certain material is incorporated by reference into this 
subchapter with the approval of the Director of the Federal Register 
under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other 
than that specified in paragraph (b) of this section, the Coast Guard 
must publish notice of change in the Federal Register and the material 
must be available to the public. All approved material is on file at the 
Office of the Coast Guard Port Security Directorate (CG-5P), Coast Guard 
Headquarters, 2100 2nd St., SW., Stop 7581, Washington, DC 20593-7581, 
or at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html. All material is available from 
the sources indicated in paragraph (b) of this section.
    (b) The materials approved for incorporation by reference in this 
subchapter are as follows:

[[Page 347]]

                International Maritime Organization (IMO)

    Publication Section, 4 Albert Embankment, London SE1 7SR, United 
Kingdom.

Conference resolution 1, Adoption of        101.120; 101.310; 101.410;
 amendments to the Annex to the              101.505; 104.105; 104.115;
 International Convention for the Safety     104.120; 104.297; 104.400.
 of Life at Sea, 1974, and amendments to
 Chapter XI of SOLAS 1974, adopted
 December 12, 2002, (SOLAS Chapter XI-1 or
 SOLAS Chapter XI-2).
Conference resolution 2, Adoption of the    101.410; 101.505; 104.105;
 International Code for the Security of      104.115; 104.120; 104.297;
 Ships and of Port Facilities, parts A and   104.400.
 B, adopted on December 12, 2002 (ISPS
 Code).
 


[USCG-2003-14792, 68 FR 39278, July 1, 2003, as amended at 69 FR 18803, 
Apr. 9, 2004; USCG-2010-0351, 75 FR 36282, June 25, 2010; USCG-2013-
0397, 78 FR 39173, July 1, 2013]



Sec.  101.120  Alternatives.

    (a) Alternative Security Agreements. (1) The U.S. may conclude in 
writing, as provided in SOLAS Chapter XI-2, Regulation 11 (Incorporated 
by reference, see Sec.  101.115), a bilateral or multilateral agreements 
with other Contracting Governments to SOLAS on Alternative Security 
Arrangements covering short international voyages on fixed routes 
between facilities subject to the jurisdiction of the U.S. and 
facilities in the territories of those Contracting Governments.
    (2) As further provided in SOLAS Chapter XI-2, Regulation 11, a 
vessel covered by such an agreement shall not conduct any vessel-to-
vessel activity with any vessel not covered by the agreement.
    (b) Alternative Security Programs. (1) Owners and operators of 
vessels and facilities required to have security plans under part 104, 
105, or 106 of this subchapter, other than vessels that are subject to 
SOLAS Chapter XI, may meet the requirements of an Alternative Security 
Program that has been reviewed and approved by the Commandant (CG-5P) as 
meeting the requirements of part 104, 105, or 106, as applicable.
    (2) Owners or operators must implement an approved Alternative 
Security Program in its entirety to be deemed in compliance with either 
part 104, 105, or 106.
    (3) Owners or operators who have implemented an Alternative Security 
Program must send a letter to the appropriate plan approval authority 
under part 104, 105, or 106 of this subchapter identifying which 
Alternative Security Program they have implemented, identifying those 
vessels or facilities that will implement the Alternative Security 
Program, and attesting that they are in full compliance therewith. A 
copy of this letter shall be retained on board the vessel or kept at the 
facility to which it pertains along with a copy of the Alternative 
Security Program and a vessel, facility, or Outer Continental Shelf 
facility specific security assessment report generated under the 
Alternative Security Program.
    (4) Owners or operators shall make available to the Coast Guard, 
upon request, any information related to implementation of an approved 
Alternative Security Program.
    (c) Approval of Alternative Security Programs. You must submit to 
the Commandant (CG-5P) for review and approval the Alternative Security 
Program and the following information to assess the adequacy of the 
proposed Alternative Security Program:
    (1) A list of the vessel and facility type that the Alternative 
Security Program is intended to apply;
    (2) A security assessment for the vessel or facility type;
    (3) Explanation of how the Alternative Security Program addresses 
the requirements of parts 104, 105, or 106, as applicable; and
    (4) Explanation of how owners and operators must implement the 
Alternative Security Program in its entirety, including performing an 
operational and vessel or facility specific assessment and verification 
of implementation.
    (d) Amendment of Approved Alternative Security Programs. (1) 
Amendments to an Alternative Security Program approved under this 
section may be initiated by--
    (i) The submitter of an Alternative Security Program under paragraph 
(c) of this section; or
    (ii) The Coast Guard upon a determination that an amendment is 
needed

[[Page 348]]

to maintain the security of a vessel or facility. The Coast Guard will 
give the submitter of an Alternative Security Program written notice and 
request that the submitter propose amendments addressing any matters 
specified in the notice. The submitter will have at least 60 days to 
submit its proposed amendments.
    (2) Proposed amendments must be sent to the Commandant (CG-5P). If 
initiated by the submitter, the proposed amendment must be submitted at 
least 30 days before the amendment is to take effect unless the 
Commandant (CG-5P) allows a shorter period. The Commandant (CG-5P) will 
approve or disapprove the proposed amendment in accordance with 
paragraph (f) of this section.
    (e) Validity of Alternative Security Program. An Alternative 
Security Program approved under this section is valid for 5 years from 
the date of its approval.
    (f) The Commandant (CG-5P) will examine each submission for 
compliance with this part, and either:
    (1) Approve it and specify any conditions of approval, returning to 
the submitter a letter stating its acceptance and any conditions;
    (2) Return it for revision, returning a copy to the submitter with 
brief descriptions of the required revisions; or
    (3) Disapprove it, returning a copy to the submitter with a brief 
statement of the reasons for disapproval.

[USCG-2003-14792, 68 FR 39278, July 1, 2003, as amended at 68 FR 60471, 
Oct. 22, 2003; USCG-2013-0397, 78 FR 39173, July 1, 2013]



Sec.  101.125  [Reserved]



Sec.  101.130  Equivalent security measures.

    (a) For any measure required by part 104, 105, or 106 of this 
subchapter, the owner or operator may substitute an equivalent security 
measure that has been approved by the Commandant (CG-5P) as meeting or 
exceeding the effectiveness of the required measure. The Commandant (CG-
5P) may require that the owner or operator provide data for use in 
assessing the effectiveness of the proposed equivalent security measure.
    (b) Requests for approval of equivalent security measures should be 
made to the appropriate plan approval authority under parts 104, 105 or 
106 of this subchapter.

[USCG-2003-14792, 68 FR 39278, July 1, 2003, as amended by USCG-2013-
0397, 78 FR 39173, July 1, 2013]



               Subpart B_Maritime Security (MARSEC) Levels



Sec.  101.200  MARSEC Levels.

    (a) MARSEC Levels advise the maritime community and the public of 
the level of risk to the maritime elements of the national 
transportation system. Ports, under direction of the local COTP, will 
respond to changes in the MARSEC Level by implementing the measures 
specified in the AMS Plan. Similarly, vessels and facilities required to 
have security plans under part 104, 105, or 106 of this subchapter shall 
implement the measures specified in their security plans for the 
applicable MARSEC Level.
    (b) Unless otherwise directed, each port, vessel, and facility shall 
operate at MARSEC Level 1.
    (c) The Commandant will set (raise or lower) the MARSEC Level 
commensurate with risk, and in consideration of any maritime nexus to 
any active National Terrorism Advisory System (NTAS) alerts. 
Notwithstanding the NTAS, the Commandant retains discretion to adjust 
the MARSEC Level when necessary to address any particular security 
concerns or circumstances related to the maritime elements of the 
national transportation system.
    (d) The COTP may raise the MARSEC Level for the port, a specific 
marine operation within the port, or a specific industry within the 
port, when necessary to address an exigent circumstance immediately 
affecting the security of the maritime elements of the transportation in 
his/her area of responsibility. Application of this delegated authority 
will be pursuant to policies and procedures specified by the Commandant.

[USCG-2003-14792, 68 FR 39278, July 1, 2003, as amended by USCG-2013-
0397, 78 FR 39173, July 1, 2013]

[[Page 349]]



Sec.  101.205  [Reserved]



             Subpart C_Communication (Port_Facility_Vessel)



Sec.  101.300  Preparedness communications.

    (a) Notification of MARSEC Level change. The COTP will communicate 
any changes in the MARSEC Levels through a local Broadcast Notice to 
Mariners, an electronic means, if available, or as detailed in the AMS 
Plan.
    (b) Communication of threats. When the COTP is made aware of a 
threat that may cause a transportation security incident, the COTP will, 
when appropriate, communicate to the port stakeholders, vessels, and 
facilities in his or her AOR the following details:
    (1) Geographic area potentially impacted by the probable threat;
    (2) Any appropriate information identifying potential targets;
    (3) Onset and expected duration of probable threat;
    (4) Type of probable threat; and
    (5) Required actions to minimize risk.
    (c) Attainment. (1) Each owner or operator of a vessel or facility 
required to have a security plan under parts 104 or 105 of this 
subchapter affected by a change in the MARSEC Level must ensure 
confirmation to their local COTP the attainment of measures or actions 
described in their security plan and any other requirements imposed by 
the COTP that correspond with the MARSEC Level being imposed by the 
change.
    (2) Each owner or operator of a facility required to have a security 
plan under part 106 of this subchapter affected by a change in the 
MARSEC Level must ensure confirmation to their cognizant District 
Commander the attainment of measures or actions described in their 
security plan and any other requirements imposed by the District 
Commander or COTP that correspond with the MARSEC Level being imposed by 
the change.

[USCG-2003-14792, 68 FR 39278, July 1, 2003, as amended at 68 FR 60472, 
Oct. 22, 2003]



Sec.  101.305  Reporting.

    (a) Notification of suspicious activities. An owner or operator 
required to have a security plan under part 104, 105, or 106 of this 
subchapter shall, without delay, report activities that may result in a 
transportation security incident to the National Response Center at the 
following toll free telephone: 1-800-424-8802, direct telephone 202-267-
2675, or TDD 202-267-4477. Any other person or entity is also encouraged 
to report activities that may result in a transportation security 
incident to the National Response Center.
    (b) Notification of breaches of security. An owner or operator 
required to have a security plan under parts 104, 105, or 106 of this 
subchapter shall, without delay, report breaches of security to the 
National Response Center via one of the means listed in paragraph (a) of 
this section.
    (c) Notification of transportation security incident (TSI). (1) Any 
owner or operator required to have a security plan under part 104 or 105 
of this subchapter shall, without delay, report a TSI to their local 
COTP and immediately thereafter begin following the procedures set out 
in their security plan, which may include contacting the National 
Response Center via one of the means listed in paragraph (a) of this 
section.
    (2) Any owner or operator required to have a security plan under 
part 106 of this subchapter shall, without delay, report a TSI to their 
cognizant District Commander and immediately thereafter begin following 
the procedures set out in their security plan, which may include 
contacting the National Response Center via one of the means listed in 
paragraph (a) of this section.
    (d) Callers to the National Response Center should be prepared to 
provide as much of the following information as possible:
    (1) Their own name and contact information;
    (2) The name and contact information of the suspicious or 
responsible party;
    (3) The location of the incident, as specifically as possible; and

[[Page 350]]

    (4) The description of the incident or activity involved.

[USCG-2003-14792, 68 FR 39278, July 1, 2003, as amended by USCG-2004-
18057, 69 FR 34925, June 23, 2004; USCG-2005-21531, 70 FR 36349, June 
23, 2005; USCG-2006-25150, 71 FR 39208, July 12, 2006; USCG-2008-0179, 
73 FR 35009, June 19, 2008]



Sec.  101.310  Additional communication devices.

    (a) Alert Systems. Alert systems, such as the ship security alert 
system required in SOLAS Chapter XI-2, Regulation 6 (Incorporated by 
reference, see Sec.  101.115), may be used to augment communication and 
may be one of the communication methods listed in a vessel or facility 
security plan under part 104, 105, or 106 of this subchapter.
    (b) Automated Identification Systems (AIS). AIS may be used to 
augment communication, and may be one of the communication methods 
listed in a vessel security plan under part 104 of this subchapter. See 
33 CFR part 164 for additional information on AIS device requirements.



                 Subpart D_Control Measures for Security



Sec.  101.400  Enforcement.

    (a) The rules and regulations in this subchapter are enforced by the 
COTP under the supervision and general direction of the District 
Commander, Area Commander, and the Commandant. All authority and power 
vested in the COTP by the rules and regulations in this subchapter is 
also vested in, and may be exercised by, the District Commander, Area 
Commander, and the Commandant.
    (b) The COTP, District Commander, Area Commander, or Commandant may 
assign the enforcement authority described in paragraph (a) of this 
section to any other officer or petty officer of the Coast Guard or 
other designees authorized by the Commandant.
    (c) The provisions in this subchapter do not limit the powers 
conferred upon Coast Guard commissioned, warrant, or petty officers by 
any other law or regulation, including but not limited to 33 CFR parts 
6, 160, and 165.



Sec.  101.405  Maritime Security (MARSEC) Directives.

    (a)(1) When the Coast Guard determines that additional security 
measures are necessary to respond to a threat assessment or to a 
specific threat against the maritime elements of the national 
transportation system, the Coast Guard may issue a MARSEC Directive 
setting forth mandatory measures. Only the Commandant or his/her delegee 
may issue MARSEC Directives under this section. Prior to issuing a 
MARSEC Directive, the Commandant or his/her delegee will consult with 
those Federal agencies having an interest in the subject matter of that 
MARSEC Directive. All MARSEC Directives issued under this section shall 
be marked as sensitive security information (SSI) in accordance with 49 
CFR part 1520.
    (2) When a MARSEC Directive is issued, the Coast Guard will 
immediately publish a notice in the Federal Register, and affected 
owners and operators will need to go to their local COTP or cognizant 
District Commander to acquire a copy of the MARSEC Directive. COTPs and 
District Commanders will require owners or operators to prove that they 
are a person required by 49 CFR 1520.5(a) to restrict disclosure of and 
access to sensitive security information, and that under 49 CFR 
1520.5(b), they have a need to know sensitive security information.
    (b) Each owner or operator of a vessel or facility to whom a MARSEC 
Directive applies is required to comply with the relevant instructions 
contained in a MARSEC Directive issued under this section within the 
time prescribed by that MARSEC Directive.
    (c) Each owner or operator of a vessel or facility required to have 
a security plan under parts 104, 105 or 106 of this subchapter that 
receives a MARSEC Directive must:
    (1) Within the time prescribed in the MARSEC Directive, acknowledge 
receipt of the MARSEC Directive to their local COTP or, if a facility 
regulated under part 106 of this subchapter, to their cognizant District 
Commander; and
    (2) Within the time prescribed in the MARSEC Directive, specify the 
method

[[Page 351]]

by which the measures in the MARSEC Directive have been implemented (or 
will be implemented, if the MARSEC Directive is not yet effective).
    (d) In the event that the owner or operator of a vessel or facility 
required to have a security plan under part 104, 105, or 106 of this 
subchapter is unable to implement the measures in the MARSEC Directive, 
the owner or operator must submit proposed equivalent security measures 
and the basis for submitting the equivalent security measures to the 
COTP or, if a facility regulated under part 106 of this subchapter, to 
their cognizant District Commander, for approval.
    (e) The owner or operator must submit the proposed equivalent 
security measures within the time prescribed in the MARSEC Directive. 
The owner or operator must implement any equivalent security measures 
approved by the COTP, or, if a facility regulated under part 106 of this 
subchapter, by their cognizant District Commander.

[USCG-2003-14792, 68 FR 39278, July 1, 2003, as amended at 68 FR 60472, 
Oct. 22, 2003]



Sec.  101.410  Control and Compliance Measures.

    (a) The COTP may exercise authority pursuant to 33 CFR parts 6, 160 
and 165, as appropriate, to rectify non-compliance with this subchapter. 
COTPs or their designees are the officers duly authorized to exercise 
control and compliance measures under SOLAS Chapter XI-2, Regulation 9, 
and the ISPS Code (Incorporated by reference, see Sec.  101.115).
    (b) Control and compliance measures for vessels not in compliance 
with this subchapter may include, but are not limited to, one or more of 
the following:
    (1) Inspection of the vessel;
    (2) Delay of the vessel;
    (3) Detention of the vessel;
    (4) Restriction of vessel operations;
    (5) Denial of port entry;
    (6) Expulsion from port;
    (7) Lesser administrative and corrective measures; or
    (8) Suspension or revocation of a security plan approved by the 
U.S., thereby making that vessel ineligible to operate in, on, or under 
waters subject to the jurisdiction of the U.S. in accordance with 46 
U.S.C. 70103(c)(5).
    (c) Control and compliance measures for facilities not in compliance 
with this subchapter may include, but are not limited to, one or more of 
the following:
    (1) Restrictions on facility access;
    (2) Conditions on facility operations;
    (3) Suspension of facility operations;
    (4) Lesser administrative and corrective measures; or
    (5) Suspension or revocation of security plan approval, thereby 
making that facility ineligible to operate in, on, under or adjacent to 
waters subject to the jurisdiction of the U.S. in accordance with 46 
U.S.C. 70103(c)(5).
    (d) Control and compliance measures under this section may be 
imposed on a vessel when it has called on a facility or at a port that 
does not maintain adequate security measures to ensure that the level of 
security to be achieved by this subchapter has not been compromised.

[USCG-2003-14792, 68 FR 39278, July 1, 2003, as amended at 68 FR 60472, 
Oct. 22, 2003]



Sec.  101.415  Penalties.

    (a) Civil and criminal penalty. Violation of any order or other 
requirement imposed under section 101.405 of this part is punishable by 
the civil and criminal penalties prescribed in 33 U.S.C. 1232 or 50 
U.S.C. 192, as appropriate.
    (b) Civil penalty. As provided in 46 U.S.C. 70119, any person who 
does not comply with any other applicable requirement under this 
subchapter, including a Maritime Security Directive, shall be liable to 
the U.S. for a civil penalty of not more than $ 25,000 for each 
violation. Enforcement and administration of this provision will be in 
accordance with 33 CFR 1.07.

[USCG-2003-14792, 68 FR 39278, July 1, 2003, as amended by USCG-2008-
0179, 73 FR 35009, June 19, 2008]



Sec.  101.420  Right to appeal.

    (a) Any person directly affected by a decision or action taken by a 
COTP under this subchapter, may appeal that action or decision to the 
cognizant District Commander according to the procedures in 46 CFR 1.03-
15.

[[Page 352]]

    (b) Any person directly affected by a decision or action taken by a 
District Commander, whether made under this subchapter generally or 
pursuant to paragraph (a) of this section, with the exception of those 
decisions made under Sec.  101.410 of this subpart, may appeal that 
decision or action to the Commandant (CG-5P), according to the 
procedures in 46 CFR 1.03-15. Appeals of District Commander decisions or 
actions made under Sec.  101.410 of this subpart should be made to the 
Commandant (CG-CVC), according to the procedures in 46 CFR 1.03-15.
    (c) Any person directly affected by a decision or action taken by 
the Commanding Officer, Marine Safety Center, under this subchapter, may 
appeal that action or decision to the Commandant (CG-5P) according to 
the procedures in 46 CFR 1.03-15.
    (d) Decisions made by Commandant (CG-5P), whether made under this 
subchapter generally or pursuant to the appeal provisions of this 
section, are considered final agency action.

[USCG-2003-14792, 68 FR 39278, July 1, 2003, as amended at 68 FR 60472, 
Oct. 22, 2003; 68 FR 62502, Nov. 4, 2003; USCG-2008-0179, 73 FR 35009, 
June 19, 2008; USCG-2013-0397, 78 FR 39173, July 1, 2013]



                       Subpart E_Other Provisions



Sec.  101.500  Procedures for authorizing a Recognized Security
Organization (RSO). [Reserved]



Sec.  101.505  Declaration of Security (DoS).

    (a) The purpose of a DoS, as described in SOLAS Chapter XI-2, 
Regulation 10, and the ISPS Code (Incorporated by reference, see Sec.  
101.115), is to state the agreement reached between a vessel and a 
facility, or between vessels in the case of a vessel-to-vessel activity, 
as to the respective security measures each must undertake during a 
specific vessel-to-facility interface, during a series of interfaces 
between the vessel and the facility, or during a vessel-to-vessel 
activity.
    (b) Details as to who must complete a DoS, when a DoS must be 
completed, and how long a DoS must be retained are included in parts 104 
through 106 of this subchapter. A DoS must, at a minimum, include the 
information found in the ISPS Code, part B, appendix 1 (Incorporated by 
reference, see Sec.  101.115).
    (c) All vessels and facilities required to comply with parts 104, 
105, and 106 of this subchapter must, at a minimum, comply with the DoS 
requirements of the MARSEC Level set for the port.
    (d) The COTP may also require a DoS be completed for vessels and 
facilities during periods of critical port operations, special marine 
events, or when vessels give notification of a higher MARSEC Level than 
that set in the COTP's Area of Responsibility (AOR).

[USCG-2003-14792, 68 FR 39278, July 1, 2003, as amended at 68 FR 60472, 
Oct. 22, 2003]



Sec.  101.510  Assessment tools.

    Ports, vessels, and facilities required to conduct security 
assessments by part 103, 104, 105, or 106 of this subchapter may use any 
assessment tool that meets the standards set out in part 103, 104, 105, 
or 106, as applicable. These tools may include USCG assessment tools, 
which are available from the cognizant COTP or at http://www.uscg.mil/
hq/g-m/nvic, as set out in the following:
    (a) Navigation and Vessel Inspection Circular titled, ``Guidelines 
for Port Security Committees, and Port Security Plans Required for U.S. 
Ports'' (NVIC 9-02 change 3);
    (b) Navigation and Vessel Inspection Circular titled, ``Security 
Guidelines for Vessels'', (NVIC 10-02 change 1); and
    (c) Navigation and Vessel Inspection Circular titled, ``Security 
Guidelines for Facilities'', (NVIC 11-02 change 1).

[USCG-2012-0306, 77 FR 37313, June 21, 2012, as amended by USCG-2013-
0397, 78 FR 39173, July 1, 2013]



Sec.  101.514  TWIC Requirement.

    (a) All persons requiring unescorted access to secure areas of 
vessels, facilities, and OCS facilities regulated by parts 104, 105 or 
106 of this subchapter must possess a TWIC before such access is 
granted, except as otherwise noted in this section. A TWIC must be 
obtained via the procedures established by TSA in 49 CFR part 1572.
    (b) Federal officials are not required to obtain or possess a TWIC. 
Except in

[[Page 353]]

cases of emergencies or other exigent circumstances, in order to gain 
unescorted access to a secure area of a vessel, facility, or OCS 
facility regulated by parts 104, 105 or 106 of this subchapter, a 
federal official must present his/her agency issued, HSPD 12 compliant 
credential. Until each agency issues its HSPD 12 compliant cards, 
Federal officials may gain unescorted access by using their agency's 
official credential. The COTP will advise facilities and vessels within 
his or her area of responsibility as agencies come into compliance with 
HSPD 12.
    (c) Law enforcement officials at the State or local level are not 
required to obtain or possess a TWIC to gain unescorted access to secure 
areas. They may, however, voluntarily obtain a TWIC where their offices 
fall within or where they require frequent unescorted access to a secure 
area of a vessel, facility or OCS facility.
    (d) Emergency responders at the State, or local level are not 
required to obtain or possess a TWIC to gain unescorted access to secure 
areas during an emergency situation. They may, however, voluntarily 
obtain a TWIC where their offices fall within or where they desire 
frequent unescorted access to a secure area of a vessel, facility or OCS 
facility in non-emergency situations.

[USCG-2006-24196, 72 FR 3578, Jan. 25, 2007, as amended at 73 FR 25565, 
May 7, 2008; USCG-2015-0433, 80 FR 44281, July 27, 2015]

    Effective Date Note: By USCG-2007-28915, 81 FR 57708, Aug. 23, 2016, 
Sec.  101.514 was amended in paragraph (b) by removing the word 
``federal'' and adding, in its place, the word ``Federal''; and in 
paragraph (d), by removing the word ``State,'' and adding, in its place, 
the word ``State'', effective Aug. 23, 2018.



Sec.  101.515  TWIC/Personal Identification.

    (a) Persons not described in Sec.  101.514 of this part shall be 
required to present personal identification in order to gain entry to a 
vessel, facility, and OCS facility regulated by parts 104, 105 or 106 of 
this subchapter. These individuals must be under escort, as that term is 
defined in Sec.  101.105 of this part, while inside a secure area. This 
personal identification must, at a minimum, meet the following 
requirements:
    (1) Be laminated or otherwise secure against tampering;
    (2) Contain the individual's full name (full first and last names, 
middle initial is acceptable);
    (3) Contain a photo that accurately depicts that individual's 
current facial appearance; and
    (4) Bear the name of the issuing authority.
    (b) The issuing authority in paragraph (a)(4) of this section must 
be:
    (1) A government authority, or an organization authorized to act of 
behalf of a government authority; or
    (2) The individual's employer, union, or trade association.
    (c) Vessel, facility, and OCS facility owners and operators must 
permit law enforcement officials, in the performance of their official 
duties, who present proper identification in accordance with this 
section and Sec.  101.514 of this part to enter or board that vessel, 
facility, or OCS facility at any time, without delay or obstruction. Law 
enforcement officials, upon entering or boarding a vessel, facility, or 
OCS facility, will, as soon as practicable, explain their mission to the 
Master, owner, or operator, or their designated agent.
    (d) Inspection of credential. (1) Each person who has been issued or 
possesses a TWIC must present the TWIC for inspection upon a request 
from TSA, the Coast Guard, or other authorized DHS representative; an 
authorized representative of the National Transportation Safety Board; 
or a Federal, State, or local law enforcement officer.
    (2) Each person who has been issued or who possesses a TWIC must 
allow his or her TWIC to be read by a reader and must submit his or her 
reference biometric, such as a fingerprint, and any other required 
information, such as a PIN, to the reader, upon a request from TSA, the 
Coast Guard, other authorized DHS representative; or a Federal, State, 
or local law enforcement officer.

[USCG-2006-24196, 72 FR 3578, Jan. 25, 2007]

    Effective Date Note: By USCG-2007-28915, 81 FR 57708, Aug. 23, 2016, 
Sec.  101.515 was amended as follows, effective Aug. 23, 2018.
    a. In paragraph (a), by removing the words ``of this part shall be 
required to'' and adding, in their place, the words ``must'';

[[Page 354]]

    b. In paragraph (b)(1), by removing the words ``of behalf'' and 
adding, in their place, the words ``on behalf'';
    c. In paragraph (c), by removing the words ``of this part''; and
    d. By revising paragraph (d)(2).
For the convenience of the user, the revised text is set forth as 
follows:



Sec.  101.515  TWIC/Personal Identification.

                                * * * * *

    (d)* * *
    (2) Each person who has been issued or possesses a TWIC must pass an 
electronic TWIC inspection, and must submit his or her reference 
biometric, such as a fingerprint, and any other required information, 
such as a Personal Identification Number, upon a request from TSA, the 
Coast Guard, any other authorized DHS representative, or a Federal, 
State, or local law enforcement officer.



Sec.  101.520  Electronic TWIC inspection.

    To conduct electronic TWIC inspection, the owner or operator of a 
vessel or facility must ensure the following actions are performed.
    (a) Card authentication. The TWIC must be authenticated by 
performing a challenge/response protocol using the Certificate for Card 
Authentication (CCA) and the associated card authentication private key 
stored in the TWIC.
    (b) Card validity check. The TWIC must be checked to ensure the TWIC 
has not expired and against TSA's list of cancelled TWICs, and no match 
on the list may be found.
    (c) Identity verification. (1) One of the biometric templates stored 
in the TWIC must be matched to the TWIC-holder's live sample biometric 
or, by matching to the PACS enrolled reference biometrics linked to the 
FASC-N of the TWIC; or
    (2) If an individual is unable to provide a valid live sample 
biometric, the TWIC-holder must enter a Personal Identification Number 
(PIN) and pass a visual TWIC inspection.

[USCG-2007-28915, 81 FR 57708, Aug. 23, 2016]

    Effective Date Note: By USCG-2007-28915, 81 FR 57708, Aug. 23, 2016, 
Sec.  101.520 was added, effective Aug. 23, 2018.



Sec.  101.525  TSA list of cancelled TWICs.

    (a) At Maritime Security (MARSEC) Level 1, the card validity check 
must be conducted using information from the TSA that is no more than 7 
days old.
    (b) At MARSEC Level 2, the card validity check must be conducted 
using information from the TSA that is no more than 1 day old.
    (c) At MARSEC Level 3, the card validity check must be conducted 
using information from the TSA that is no more than 1 day old.
    (d) The list of cancelled TWICs used to conduct the card validity 
check must be updated within 12 hours of any increase in MARSEC level, 
no matter when the information was last updated.
    (e) Only the most recently obtained list of cancelled TWICs must be 
used to conduct card validity checks.

[USCG-2007-28915, 81 FR 57709, Aug. 23, 2016]

    Effective Date Note: By USCG-2007-28915, 81 FR 57709, Aug. 23, 2016, 
Sec.  101.525 was added, effective Aug. 23, 2018.



Sec.  101.530  PACS requirements for Risk Group A.

    This section lays out requirements for a Physical Access Control 
System (PACS) that may be used to meet electronic TWIC inspection 
requirements.
    (a) A PACS may use a TWIC directly to perform electronic TWIC 
inspection;
    (b) Each PACS card issued to an individual must be linked to that 
individual's TWIC, and the PACS must contain the following information 
from each linked TWIC:
    (1) The name of the TWIC-holder holder as represented in the Printed 
Information container of the TWIC.
    (2) The TWIC-signed CHUID (with digital signature and expiration 
date).
    (3) The TWIC resident biometric template.
    (4) The TWIC digital facial image.
    (5) The PACS Personal Identification Number (PIN).
    (c) When first linked, a one-time electronic TWIC inspection must be 
performed, and the TWIC must be verified as authentic, valid, and 
biometrically matched to the individual presenting the TWIC.
    (d) Each time the PACS card is used to gain access to a secure area, 
the PACS must--
    (1) Conduct identity verification by:
    (i) Conducting a biometric scan, and match the result with the 
biometric

[[Page 355]]

template stored in the PACS that is linked to the TWIC, or
    (ii) Having the individual enter a stored PACS PIN and conducting a 
Non-TWIC visual identity verification as defined in Sec.  101.105.
    (2) Conduct a card validity check; and
    (3) Maintain records in accordance with Sec. Sec.  104.235(g) or 
105.225(g) of this subchapter, as appropriate.

[USCG-2007-28915, 81 FR 57709, Aug. 23, 2016]

    Effective Date Note: By USCG-2007-28915, 81 FR 57709, Aug. 23, 2016, 
Sec.  101.530 was added, effective Aug. 23, 2018.



Sec.  101.535  Electronic TWIC inspection requirements for Risk Group A.

    Owners or operators of vessels or facilities subject to part 104 or 
105 of this subchapter, that are assigned to Risk Group A in Sec. Sec.  
104.263 or 105.253 of this subchapter, must ensure that a Transportation 
Worker Identification Credential (TWIC) Program is implemented as 
follows:
    (a) Requirements for Risk Group A vessels. Prior to each boarding of 
the vessel, all persons who require access to a secure area of the 
vessel must pass an electronic TWIC inspection before being granted 
unescorted access to the vessel.
    (b) Requirements for Risk Group A facilities. Prior to each entry 
into a secure area of the facility, all persons must pass an electronic 
TWIC inspection before being granted unescorted access to secure areas 
of the facility.
    (c) A Physical Access Control System that meets the requirements of 
Sec.  101.530 may be used to meet the requirements of this section.
    (d) The requirements of this section do not apply under certain 
situations described in Sec. Sec.  101.550 or 101.555.
    (e) Emergency access to secure areas, including access by law 
enforcement and emergency responders, does not require electronic TWIC 
inspection.

[USCG-2007-28915, 81 FR 57709, Aug. 23, 2016]

    Effective Date Note: By USCG-2007-28915, 81 FR 57709, Aug. 23, 2016, 
Sec.  101.535 was added, effective Aug. 23, 2018.



Sec.  101.540  Electronic TWIC inspection requirements for vessels,
facilities, and OCS facilities not in Risk Group A.

    A vessel or facility not in Risk Group A may use the electronic TWIC 
inspection requirements of Sec.  101.535 in lieu of visual TWIC 
inspection. If electronic TWIC inspection is used, the recordkeeping 
requirements of Sec. Sec.  104.235(b)(9) and (c) of this subchapter, or 
105.225(b)(9) and (c) of this subchapter, as appropriate, apply.

[USCG-2007-28915, 81 FR 57709, Aug. 23, 2016]

    Effective Date Note: By USCG-2007-28915, 81 FR 57709, Aug. 23, 2016, 
Sec.  101.540 was added, effective Aug. 23, 2018.



Sec.  101.545  [Reserved]



Sec.  101.550  TWIC inspection requirements in special circumstances.

    Owners or operators of any vessel, facility, or Outer Continental 
Shelf (OCS) facility subject to part 104, 105, or 106 of this subchapter 
must ensure that a Transportation Worker Identification Credential 
(TWIC) Program is implemented as follows:
    (a) Lost, damaged, stolen, or expired TWIC. If an individual cannot 
present a TWIC because it has been lost, damaged, stolen, or expired, 
and the individual previously has been granted unescorted access to 
secure areas and is known to have had a TWIC, the individual may be 
granted unescorted access to secure areas for a period of no longer than 
30 consecutive calendar days if--
    (1) The individual provides proof that he or she has reported the 
TWIC as lost, damaged, or stolen to the Transportation Security 
Administration (TSA) as required in 49 CFR 1572.19(f), or the individual 
provides proof that he or she has applied for the renewal of an expired 
TWIC;
    (2) The individual can present another identification credential 
that meets the requirements of Sec.  101.515; and
    (3) There are no other suspicious circumstances associated with the 
individual's claim that the TWIC was lost, damaged, or stolen.
    (b) TWIC on the Canceled Card List. In the event an individual 
reports his or her TWIC as lost, damaged, or stolen, and that TWIC is 
then placed on the

[[Page 356]]

Canceled Card List, the individual may be granted unescorted access by a 
Physical Access Control System (PACS) that meets the requirements of 
Sec.  101.530 for a period of no longer than 30 days. The individual 
must be known to have had a TWIC, and known to have reported the TWIC as 
lost, damaged, or stolen to TSA.
    (c) Special requirements for Risk Group A vessels and facilities. If 
a TWIC reader or a PACS cannot read an individual's biometric templates 
due to poor biometric quality or no biometrics enrolled, the owner or 
operator may grant the individual unescorted access to secure areas 
based on either of the following secondary authentication procedures:
    (1) The owner or operator must conduct a visual TWIC inspection and 
require the individual to correctly submit his or her TWIC Personal 
Identification Number.
    (2) [Reserved]
    (d) If an individual cannot present a TWIC for any reason other than 
those outlined in paragraphs (a) or (b) of this section, the vessel or 
facility operator may not grant the individual unescorted access to 
secure areas. The individual must be under escort at all times while in 
the secure area.
    (e) With the exception of individuals granted access according to 
paragraphs (a) or (b) of this section, all individuals granted 
unescorted access to secure areas of a vessel, facility, or OCS facility 
must be able to produce their TWICs upon request from the TSA, the Coast 
Guard, another authorized Department of Homeland Security 
representative, or a Federal, State, or local law enforcement officer.
    (f) There must be disciplinary measures in place to prevent fraud 
and abuse.
    (g) Owners or operators must establish the frequency of the 
application of any security measures for access control in their 
approved security plans, particularly if these security measures are 
applied on a random or occasional basis.
    (h) The vessel, facility, or OCS facility operator should coordinate 
the TWIC Program, when practical, with identification and TWIC access 
control measures of other entities that interface with the vessel, 
facility, or OCS facility.

[USCG-2007-28915, 81 FR 57709, Aug. 23, 2016]

    Effective Date Note: By USCG-2007-28915, 81 FR 57709, Aug. 23, 2016, 
Sec.  101.550 was added, effective Aug. 23, 2018.



Sec.  101.555  Recurring Unescorted Access for Risk Group A vessels
and facilities.

    This section describes how designated TWIC-holders may access 
certain secure areas on Risk Group A vessels and facilities on a 
continual and repeated basis without undergoing repeated electronic TWIC 
inspections.
    (a) An individual may enter a secure area on a vessel or facility 
without undergoing an electronic TWIC inspection under the following 
conditions:
    (1) Access is through a Designated Recurring Access Area (DRAA), 
designated under an approved Vessel, Facility, or Joint Vessel-Facility 
Security Plan.
    (2) The entire DRAA is continuously monitored by security personnel 
at the access points to secure areas used by personnel seeking Recurring 
Unescorted Access.
    (3) The individual possesses a valid TWIC.
    (4) The individual has passed an electronic TWIC inspection within 
each shift and in the presence of the on-scene security personnel.
    (5) The individual passes an additional electronic TWIC inspection 
prior to being granted unescorted access to a secure area if he or she 
enters an unsecured area outside the DRAA and then returns.
    (b) The following requirements apply to a DRAA:
    (1) It must consist of an unsecured area where personnel will be 
moving into an adjacent secure area repeatedly.
    (2) The entire DRAA must be visible to security personnel.
    (3) During operation as a DRAA, there must be security personnel 
present at all times.
    (c) An area may operate as a DRAA at certain times, and during other 
times, access to secure areas may be obtained through the procedures in 
Sec.  101.535.

[[Page 357]]

    (d) Personnel may enter the secure areas adjacent to a DRAA at any 
time using the procedures in Sec.  101.535.

[USCG-2007-28915, 81 FR 57710, Aug. 23, 2016]

    Effective Date Note: By USCG-2007-28915, 81 FR 57710, Aug. 23, 2016, 
Sec.  101.555 was added, effective Aug. 23, 2018.

 PART 102_MARITIME SECURITY: NATIONAL MARITIME TRANSPORTATION SECURITY 
                               [RESERVED]



PART 103_MARITIME SECURITY: AREA MARITIME SECURITY--Table of Contents



                            Subpart A_General

Sec.
103.100 Applicability.
103.105 Definitions.

 Subpart B_Federal Maritime Security Coordinator (FMSC) Designation and 
                               Authorities

103.200 Designation of the Federal Maritime Security Coordinator (FMSC).
103.205 Authority of the COTP as the Federal Maritime Security 
          Coordinator (FMSC).

            Subpart C_Area Maritime Security (AMS) Committee

103.300 Area Maritime Security (AMS) Committee.
103.305 Composition of an Area Maritime Security (AMS) Committee.
103.310 Responsibilities of the Area Maritime Security (AMS) Committee.

            Subpart D_Area Maritime Security (AMS) Assessment

103.400 General.
103.405 Elements of the Area Maritime Security (AMS) Assessment.
103.410 Persons involved in the Area Maritime Security (AMS) Assessment.

               Subpart E_Area Maritime Security (AMS) Plan

103.500 General.
103.505 Elements of the Area Maritime Security (AMS) Plan.
103.510 Area Maritime Security (AMS) Plan review and approval.
103.515 Exercises.
103.520 Recordkeeping.

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 70102, 70103, 70104, 
70112; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; 
Department of Homeland Security Delegation No. 0170.1.

    Source: USCG-2003-14733, 68 FR 39290, July 1, 2003, unless otherwise 
noted.



                            Subpart A_General



Sec.  103.100  Applicability.

    This part applies to all vessels and facilities located in, on, 
under, or adjacent to waters subject to the jurisdiction of the U.S.



Sec.  103.105  Definitions.

    Except as specifically stated in this subpart, the definitions in 
part 101 of this subchapter apply to this part.



 Subpart B_Federal Maritime Security Coordinator (FMSC) Designation and 
                               Authorities



Sec.  103.200  Designation of the Federal Maritime Security Coordinator (FMSC).

    The COTPs are the Federal Maritime Security Coordinators for their 
respective COTP zones described in 33 CFR part 3, including all ports 
and areas located therein.



Sec.  103.205  Authority of the COTP as the Federal Maritime Security
Coordinator (FMSC).

    (a) Without limitation to the authority vested in the COTP by 
statute or regulation, and in addition to authority prescribed elsewhere 
in this part, the COTP as the FMSC is authorized to:
    (1) Establish, convene, and direct the Area Maritime Security (AMS) 
Committee;
    (2) Appoint members to the AMS Committee;
    (3) Develop and maintain, in coordination with the AMS Committee, 
the AMS Plan;
    (4) Implement and exercise the AMS Plan; and
    (5) Maintain the records required by Sec.  103.520 of this part.
    (b) The authorizations in paragraph (a) of this section do not limit 
any other existing authority of the COTP.

[[Page 358]]



            Subpart C_Area Maritime Security (AMS) Committee



Sec.  103.300  Area Maritime Security (AMS) Committee.

    (a) The AMS Committee is established under the direction of the COTP 
and shall assist in the development, review, and update of the AMS Plan 
for their area of responsibility. For the purposes of this subchapter, 
Port Security Committees that were established prior to July 1, 2003, 
according to guidance issued by the Coast Guard, may be considered AMS 
Committees, provided they conform to the procedures established by this 
part and satisfy the membership requirements of Sec.  103.305 of this 
part.
    (b) The AMS Committee will operate under terms specified in a 
written charter. At a minimum, the charter must address:
    (1) The AMS Committee's purpose and geographic area of 
responsibility;
    (2) Rules for membership;
    (3) The AMS Committee's organizational structure and procedural 
rules of order;
    (4) Frequency of meetings, to include not less than once in a 
calendar year or when requested by a majority of the AMS Committee 
members;
    (5) Guidelines for public access to AMS Committee meetings and 
records; and
    (6) Rules for handling and protecting classified, sensitive 
security, commercially sensitive, and proprietary information.



Sec.  103.305  Composition of an Area Maritime Security (AMS) Committee.

    (a) An AMS Committee will be composed of not less than seven members 
having an interest in the security of the area and who may be selected 
from--
    (1) The Federal, Territorial, or Tribal government;
    (2) The State government and political subdivisions thereof;
    (3) Local public safety, crisis management and emergency response 
agencies;
    (4) Law enforcement and security organizations;
    (5) Maritime industry, including labor;
    (6) Other port stakeholders having a special competence in maritime 
security; and
    (7) Port stakeholders affected by security practices and policies.
    (b) At least seven of the members must each have 5 or more years of 
experience related to maritime or port security operations.
    (c) Members appointed under this section serve for a term of not 
more than five years. In appointing members, the FMSC should consider 
the skills required by Sec.  103.410 of this part. With the exception of 
credentialed Federal, state and local officials, all AMS Committee 
members shall have a name-based terrorist check from TSA, hold a TWIC, 
or have passed a comparable security threat assessment, if they need 
access to SSI as determined by the FMSC.

[USCG-2003-14733, 68 FR 39290, July 1, 2003, as amended at 68 FR 60482, 
Oct. 22, 2003; USCG-2006-24196, 72 FR 3579, Jan. 25, 2007]



Sec.  103.310  Responsibilities of the Area Maritime Security (AMS)
Committee.

    (a) The AMS Committee shall:
    (1) Identify critical port infrastructure and operations;
    (2) Identify risks (threats, vulnerabilities, and consequences);
    (3) Determine mitigation strategies and implementation methods;
    (4) Develop and describe the process to continually evaluate overall 
port security by considering consequences and vulnerabilities, how they 
may change over time, and what additional mitigation strategies can be 
applied; and
    (5) Provide advice to, and assist the COTP in, developing the AMS 
Plan.
    (b) The AMS Committee shall also serve as a link for communicating 
threats and changes in MARSEC Levels, and disseminating appropriate 
security information to port stakeholders.



            Subpart D_Area Maritime Security (AMS) Assessment



Sec.  103.400  General.

    (a) The Area Maritime Security (AMS) Committee will ensure that a 
risk based AMS Assessment, is completed and meets the requirements

[[Page 359]]

specified in Sec.  103.310 of this part and Sec.  101.510 of this 
subchapter, incorporating the elements specified in Sec.  103.405 of 
this part.
    (b) AMS Assessments can be completed by the COTP, the AMS Committee, 
a Coast Guard Port Security Assessment team, or by another third party 
approved by the AMS Committee.
    (c) Upon completion of each AMS Assessment, a written report, which 
is designated sensitive security information, must be prepared 
consisting of:
    (1) A summary of how the AMS Assessment was conducted;
    (2) A description of each vulnerability and consequences found 
during the AMS Assessment; and
    (3) A description of risk reduction strategies that could be used to 
ensure continued operation at an acceptable risk level.



Sec.  103.405  Elements of the Area Maritime Security (AMS) Assessment.

    (a) The AMS Assessment must include the following elements:
    (1) Identification of the critical Marine Transportation System 
infrastructure and operations in the port;
    (2) Threat assessment that identifies and evaluates each potential 
threat on the basis of various factors, including capability and 
intention;
    (3) Consequence and vulnerability assessment for each target/
scenario combination; and
    (4) A determination of the required security measures for the three 
MARSEC Levels.
    (b) In order to meet the elements listed in paragraph (a) of this 
section, an AMS Assessment should consider each of the following:
    (1) Physical security of infrastructure and operations at the port;
    (2) Structures considered critical for the continued operation of 
the port;
    (3) Existing security systems and equipment available to protect 
maritime personnel;
    (4) Procedural policies;
    (5) Radio and telecommunication systems, including computer systems 
and networks;
    (6) Relevant transportation infrastructure;
    (7) Utilities;
    (8) Security resources and capabilities; and
    (9) Other areas that may, if damaged, pose a risk to people, 
infrastructure, or operations within the port.
    (c) AMS Assessments are sensitive security information and must be 
protected in accordance with 49 CFR part 1520.



Sec.  103.410  Persons involved in the Area Maritime Security (AMS)
Assessment.

    The persons carrying out the AMS Assessment must have the 
appropriate skills to evaluate the security of the port in accordance 
with this part. This includes being able to draw upon expert assistance 
in relation to:
    (a) Knowledge of current security threats and patterns;
    (b) Recognition and detection of dangerous substances, and devices;
    (c) Recognition, on a non-discriminatory basis, of characteristics 
and behavioral patterns of persons who are likely to threaten security;
    (d) Techniques used to circumvent security measures;
    (e) Methods used to cause a transportation security incident;
    (f) Effects of dangerous substances and devices on structures and 
port services;
    (g) Port security requirements;
    (h) Port business practices;
    (i) Contingency planning, emergency preparedness, and response;
    (j) Physical security measures;
    (k) Radio and telecommunications systems, including computer systems 
and networks;
    (l) Transportation and civil engineering;
    (m) Vessel and port operations; and
    (n) Knowledge of the impact, including cost impacts of implementing 
security measures on port operations.



               Subpart E_Area Maritime Security (AMS) Plan



Sec.  103.500  General.

    (a) The Area Maritime Security (AMS) Plan is developed by the COTP, 
in consultation with the AMS Committee, and is based on an AMS 
Assessment that meets the provisions of subpart D of this part. The AMS 
Plan

[[Page 360]]

must be consistent with the National Maritime Transportation Security 
Plan and the National Transportation Security Plan.
    (b) Portions of the AMS Plan may contain sensitive security 
information, and those portions must be marked as such and protected in 
accordance with 49 CFR part 1520.

[USCG-2003-14733, 68 FR 39290, July 1, 2003, as amended at 68 FR 60482, 
Oct. 22, 2003]



Sec.  103.505  Elements of the Area Maritime Security (AMS) Plan.

    The AMS Plan should address the following elements, as applicable:
    (a) Details of both operational and physical measures that are in 
place in the port at MARSEC Level 1;
    (b) Details of the additional security measures that enable the port 
to progress, without delay, to MARSEC Level 2 and, when necessary, to 
MARSEC Level 3;
    (c) Details of the security incident command-and-response structure;
    (d) Details for regular audit of the AMS Plan, and for its amendment 
in response to experience or changing circumstances;
    (e) Measures to prevent the introduction of dangerous substances and 
devices into designated restricted areas within the port;
    (f) Measures to prevent unauthorized access to designated restricted 
areas within the port (e.g., TWIC);
    (g) Procedures and expected timeframes for responding to security 
threats or breaches of security, including provisions for maintaining 
infrastructure and operations in the port;
    (h) Procedures for responding to any security instructions the Coast 
Guard announces at MARSEC Level 3;
    (i) Procedures for evacuation within the port in case of security 
threats or breaches of security;
    (j) Procedures for periodic plan review, exercise, and updating;
    (k) Procedures for reporting transportation security incidents 
(TSI);
    (l) Identification of, and methods to communicate with, Facility 
Security Officers (FSO), Company Security Officers (CSO), Vessel 
Security Officers (VSO), public safety officers, emergency response 
personnel, and crisis management organization representatives within the 
port, including 24-hour contact details;
    (m) Measures to ensure the security of the information contained in 
the AMS Plan;
    (n) Security measures designed to ensure effective security of 
infrastructure, special events, vessels, passengers, cargo, and cargo 
handling equipment at facilities within the port not otherwise covered 
by a Vessel or Facility Security Plan, approved under part 104, 105, or 
106 of this subchapter;
    (o) Procedures to be taken when a vessel is at a higher security 
level than the facility or port it is visiting;
    (p) Procedures for responding if a vessel security alert system on 
board a vessel within or near the port has been activated;
    (q) Procedures for communicating appropriate security and threat 
information to the public;
    (r) Procedures for handling reports from the public and maritime 
industry regarding suspicious activity;
    (s) The jurisdiction of Federal, State, Indian Tribal, and local 
government agencies and law enforcement entities over area security 
related matters;
    (t) Security resources available for incident response and their 
capabilities;
    (u) Procedures for responding to a TSI;
    (v) Procedures to facilitate the recovery of the Marine 
Transportation System after a TSI; and
    (w) Identification of any facility otherwise subject to part 105 of 
this subchapter that the COTP has designated as a public access facility 
within the area, the security measures that must be implemented at the 
various MARSEC Levels, and who is responsible for implementing those 
measures.

[USCG-2003-14733, 68 FR 39290, July 1, 2003, as amended at 68 FR 60482, 
Oct. 22, 2003; USCG-2006-24196, 72 FR 3579, Jan. 25, 2007]

    Effective Date Note: By USCG-2007-28915, 81 FR 57710, Aug. 23, 2016, 
Sec.  103.505 was amended in paragraph (f) by removing the words 
``(e.g., TWIC)'', effective Aug. 23, 2018.



Sec.  103.510  Area Maritime Security (AMS) Plan review and approval.

    Each AMS Plan will be submitted to the cognizant District Commander 
for

[[Page 361]]

review and then forwarded to the Area Commander for approval.



Sec.  103.515  Exercises.

    (a) The COTP shall coordinate with the Area Maritime Security (AMS) 
Committee to conduct or participate in an exercise at least once each 
calendar year, with no more than 18 months between exercises, to test 
the effectiveness of the AMS Plan.
    (b) An exercise may consist of any of the following:
    (1) A tabletop exercise to validate the AMS Plan. No equipment or 
personnel deployment is required;
    (2) A field training exercise consisting of personnel deployment and 
use of security equipment; or
    (3) A combination of Sec.  103.515(b)(1) and (b)(2).
    (c) Upon review by the cognizant District Commander, and approval by 
the cognizant Area Commander, the requirements of this section may be 
satisfied by--
    (1) Participation of the COTP and appropriate AMS Committee members 
or other appropriate port stakeholders in an emergency response or 
crisis management exercise conducted by another governmental agency or 
private sector entity, provided that the exercise addresses components 
of the AMS Plan;
    (2) An actual increase in MARSEC Level; or
    (3) Implementation of enhanced security measures enumerated in the 
AMS Plan during periods of critical port operations or special marine 
events.

[USCG-2003-14733, 68 FR 39290, July 1, 2003, as amended at 68 FR 60483, 
Oct. 22, 2003]



Sec.  103.520  Recordkeeping.

    (a) All records pertaining to the Area Maritime Security (AMS) 
Assessment and AMS Plan will be retained by the COTP for 5 years.
    (b) Exercise documentation will be kept by the COTP for 2 years.



PART 104_MARITIME SECURITY: VESSELS--Table of Contents



                            Subpart A_General

Sec.
104.100 Definitions.
104.105 Applicability.
104.106 Passenger access area.
104.107 Employee access area.
104.110 Exemptions.
104.115 Compliance.
104.120 Compliance documentation.
104.125 Noncompliance.
104.130 Waivers.
104.135 Equivalents.
104.140 Alternative Security Programs.
104.145 Maritime Security (MARSEC) Directive.
104.150 Right to appeal.

                 Subpart B_Vessel Security Requirements

104.200 Owner or operator.
104.205 Master.
104.210 Company Security Officer (CSO).
104.215 Vessel Security Officer (VSO).
104.220 Company or vessel personnel with security duties.
104.225 Security training for all other vessel personnel.
104.230 Drill and exercise requirements.
104.235 Vessel recordkeeping requirements.
104.240 Maritime Security (MARSEC) Level coordination and 
          implementation.
104.245 Communications.
104.250 Procedures for interfacing with facilities and other vessels.
104.255 Declaration of Security (DoS).
104.260 Security systems and equipment maintenance.
104.263 Risk Group classifications for vessels.
104.265 Security measures for access control.
104.267 Security measures for newly hired employees.
104.270 Security measures for restricted areas.
104.275 Security measures for handling cargo.
104.280 Security measures for delivery of vessel stores and bunkers.
104.285 Security measures for monitoring.
104.290 Security incident procedures.
104.292 Additional requirements--passenger vessels and ferries.
104.295 Additional requirements--cruise ships.
104.297 Additional requirements--vessels on international voyages.

               Subpart C_Vessel Security Assessment (VSA)

104.300 General.
104.305 Vessel Security Assessment (VSA) requirements.
104.310 Submission requirements.

                  Subpart D_Vessel Security Plan (VSP)

104.400 General.
104.405 Format of the Vessel Security Plan (VSP).

[[Page 362]]

104.410 Submission and approval.
104.415 Amendment and audit.

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 
191; 33 CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; Department of 
Homeland Security Delegation No. 0170.1.

    Source: USCG-2003-14749, 68 FR 39302, July 1, 2003, unless otherwise 
noted.



                            Subpart A_General



Sec.  104.100  Definitions.

    Except as specifically stated in this subpart, the definitions in 
part 101 of this subchapter apply to this part.



Sec.  104.105  Applicability.

    (a) This part applies to the owner or operator of any:
    (1) Mobile Offshore Drilling Unit (MODU), cargo, or passenger vessel 
subject to the International Convention for Safety of Life at Sea, 1974, 
(SOLAS), Chapter XI-1 or Chapter XI-2;
    (2) Foreign cargo vessel greater than 100 gross register tons;
    (3) Self-propelled U.S. cargo vessel greater than 100 gross register 
tons subject to 46 CFR subchapter I, except commercial fishing vessels 
inspected under 46 CFR part 105;
    (4) Vessel subject to 46 CFR chapter I, subchapter L;
    (5) Passenger vessel subject to 46 CFR chapter I, subchapter H;
    (6) Passenger vessel certificated to carry more than 150 passengers;
    (7) Other passenger vessel carrying more than 12 passengers, 
including at least one passenger-for-hire, that is engaged on an 
international voyage;
    (8) Barge subject to 46 CFR chapter I, subchapters D or O;
    (9) Barge carrying certain dangerous cargo in bulk or barge that is 
subject to 46 CFR Chapter I, subchapter I, that is engaged on an 
international voyage.
    (10) Tankship subject to 46 CFR chapter I, subchapters D or O; and
    (11) Towing vessel greater than eight meters in registered length 
that is engaged in towing a barge or barges subject to this part, except 
a towing vessel that--
    (i) Temporarily assists another vessel engaged in towing a barge or 
barges subject to this part;
    (ii) Shifts a barge or barges subject to this part at a facility or 
within a fleeting facility;
    (iii) Assists sections of a tow through a lock; or
    (iv) Provides emergency assistance.
    (b) An owner or operator of any vessel not covered in paragraph (a) 
of this section is subject to parts 101 through 103 of this subchapter.
    (c) Foreign Vessels that have on board a valid International Ship 
Security Certificate that certifies that the verifications required by 
part A, Section 19.1, of the International Ship and Port Facility 
Security (ISPS) Code (Incorporated by reference, see Sec.  101.115 of 
this subchapter) have been completed will be deemed in compliance with 
this part, except for Sec. Sec.  104.240, 104.255, 104.292, and 104.295, 
as appropriate. This includes ensuring that the vessel meets the 
applicable requirements of SOLAS Chapter XI-2 (Incorporated by 
reference, see Sec.  101.115 of this subchapter) and the ISPS Code, part 
A, having taken into account the relevant provisions of the ISPS Code, 
part B, and that the vessel is provided with an approved security plan.
    (d) The TWIC requirements found in this part do not apply to foreign 
vessels.
    (e) The TWIC requirements found in this part do not apply to 
mariners employed aboard vessels moored at U.S. facilities only when 
they are working immediately adjacent to their vessels in the conduct of 
vessel activities.
    (f) Except pursuant to international treaty, convention, or 
agreement to which the U.S. is a party, this part does not apply to any 
foreign vessel that is not destined for, or departing from, a port or 
place subject to the jurisdiction of the U.S. and that is in:
    (1) Innocent passage through the territorial sea of the U.S.; or
    (2) Transit through the navigable waters of the U.S. that form a 
part of an international strait.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60513, 
Oct. 22, 2003; USCG-2004-18057, 69 FR 34925, June 23, 2004; USCG-2004-
19963, 70 FR 74669, Dec. 16, 2005; USCG-2006-24196, 72 FR 3579, Jan. 25, 
2007]

    Effective Date Note: By USCG-2007-28915, 81 FR 57710, Aug. 23, 2016, 
Sec.  104.105 was amended in paragraph (d) by removing the

[[Page 363]]

words ``this part'' and adding, in their place, the words ``parts 101 
and 104 of this subchapter'', effective Aug. 23, 2018.



Sec.  104.106  Passenger access area.

    (a) A ferry, passenger vessel, or cruise ship may designate areas 
within the vessel as passenger access areas.
    (b) A passenger access area is a defined space, within the area over 
which the owner or operator has implemented security measures for access 
control, of a ferry, passenger vessel, or cruise ship that is open to 
passengers. It is not a secure area and does not require a TWIC for 
unescorted access.
    (c) Passenger access areas may not include any areas defined as 
restricted areas in the VSP.

[USCG-2006-24196, 72 FR 3579, Jan. 25, 2007, as amended by USCG-2008-
0179, 73 FR 35009, June 19, 2008]



Sec.  104.107  Employee access area.

    (a) A ferry or passenger vessel, excluding cruise ships, may 
designate areas within the vessel as employee access areas.
    (b) An employee access area is a defined space, within the area over 
which the owner or operator has implemented security measures for access 
control, of a ferry or passenger vessel that is open only to employees 
and not to passengers. It is not a secure area and does not require a 
TWIC for unescorted access.
    (c) Employee access areas may not include any areas defined as 
restricted areas in the VSP.

[USCG-2006-24196, 72 FR 3579, Jan. 25, 2007]



Sec.  104.110  Exemptions.

    (a) This part does not apply to warships, naval auxiliaries, or 
other vessels owned or operated by a government and used only on 
government non-commercial service.
    (b) A vessel is not subject to this part while the vessel is laid 
up, dismantled, or otherwise out of commission.

[USCG-2003-14749, 68 FR 60513, Oct. 22, 2003]

    Effective Date Note: By USCG-2007-28915, 81 FR 57710, Aug. 23, 2016, 
Sec.  104.110 was amended by adding paragraph (c), effective Aug. 23, 
2018. For the convenience of the user, the added text is set forth as 
follows:



Sec.  104.110  Exemptions.

                                * * * * *

    (c) Vessels with a minimum manning requirement of 20 or fewer TWIC-
holding crewmembers are exempt from the requirements in 33 CFR 
101.535(a)(1).



Sec.  104.115  Compliance.

    (a) Vessel owners or operators must ensure their vessels are 
operating in compliance with this part.
    (b) Owners or operators of foreign vessels must comply with the 
following--
    (1) Vessels subject to the International Convention for Safety of 
Life at Sea, 1974, (SOLAS), Chapter XI-1 or Chapter XI-2, must carry on 
board a valid International Ship Security Certificate that certifies 
that the verifications required by part A, Section 19.1, of the 
International Ship and Port Facility Security (ISPS) Code (Incorporated 
by reference, see Sec.  101.115 of this subchapter) have been completed. 
This includes ensuring that the vessel meets the applicable requirements 
of SOLAS Chapter XI-2 (Incorporated by reference, see Sec.  101.115 of 
this chapter) and the ISPS Code, part A, having taken into account the 
relevant provisions of the ISPS Code, part B, and that the vessel is 
provided with an approved security plan.
    (2) Vessels not subject to SOLAS Chapter XI-1 or Chapter XI-2, may 
comply with this part through an Alternative Security Program or a 
bilateral arrangement approved by the Coast Guard. If not complying with 
an approved Alternative Security Program or bilateral arrangement, these 
vessels must meet the requirements of paragraph (b) of this section.
    (c) Persons required to obtain a TWIC under this part may enroll 
beginning after the date set by the Coast Guard in a Notice to be 
published in the Federal Register. This notice will be directed to all 
facilities and vessels within a specific COTP zone.
    (d) By April 15, 2009, vessel owners or operators subject to 
paragraph (b) of this section and not excluded by

[[Page 364]]

Sec.  104.105(d) of this part must be operating in accordance with the 
TWIC provisions found within this part.

[USCG-2003-14749, 68 FR 60513, Oct. 22, 2003, as amended by USCG-2004-
18057, 69 FR 34925, June 23, 2004; USCG-2004-19963, 70 FR 74669, Dec. 
16, 2005; USCG-2006-25150, 71 FR 39208, July 12, 2006; USCG-2006-24196, 
72 FR 3579, Jan. 25, 2007; 73 FR 25565, May 7, 2008]

    Effective Date Note: By USCG-2007-28915, 81 FR 57710, Aug. 23, 2016, 
Sec.  104.115 was amended by revising paragraph (c) and removing 
paragraph (d), effective Aug. 23, 2018. For the convenience of the user, 
the revised text is set forth as follows:



Sec.  104.115  Compliance.

                                * * * * *

    (c) By August 23, 2018, owners and operators of vessels subject to 
this part must amend their Vessel Security Plans to indicate how they 
will implement the TWIC requirements in this subchapter. By August 23, 
2018, owners and operators of vessels subject to this part must operate 
in accordance with the TWIC provisions found within this subchapter.



Sec.  104.120  Compliance documentation.

    (a) Each vessel owner or operator subject to this part must ensure, 
on or before July 1, 2004, that copies of the following documents are 
carried on board the vessel and are made available to the Coast Guard 
upon request:
    (1) The approved Vessel Security Plan (VSP) and any approved 
revisions or amendments thereto, and a letter of approval from the 
Commanding Officer, Marine Safety Center (MSC);
    (2) The VSP submitted for approval and a current acknowledgement 
letter from the Commanding Officer, MSC, stating that the Coast Guard is 
currently reviewing the VSP submitted for approval, and that the vessel 
may continue to operate so long as the vessel remains in compliance with 
the submitted plan;
    (3) For vessels operating under a Coast Guard-approved Alternative 
Security Program as provided in Sec.  104.140, a copy of the Alternative 
Security Program the vessel is using, including a vessel specific 
security assessment report generated under the Alternative Security 
Program, as specified in Sec.  101.120(b)(3) of this subchapter, and a 
letter signed by the vessel owner or operator, stating which Alternative 
Security Program the vessel is using and certifying that the vessel is 
in full compliance with that program; or
    (4) For foreign vessels, subject to the International Convention for 
Safety of Life at Sea, 1974, (SOLAS), Chapter XI-1 or Chapter XI-2, a 
valid International Ship Security Certificate (ISSC) that attests to the 
vessel's compliance with SOLAS Chapter XI-2 and the ISPS Code, part A 
(Incorporated by reference, see Sec.  101.115 of this subchapter) and is 
issued in accordance with the ISPS Code, part A, section 19. As stated 
in Section 9.4 of the ISPS Code, part A requires that, in order for the 
ISSC to be issued, the provisions of part B of the ISPS Code need to be 
taken into account.
    (b) Each owner or operator of an unmanned vessel subject to this 
part must maintain the documentation described in paragraphs (a)(1), 
(2), or (3) of this section. The letter required by each of those 
paragraphs must be carried on board the vessel. The plan or program 
required by each of those paragraphs must not be carried on board the 
vessel, but must be maintained in a secure location. During scheduled 
inspections, the plan or program must be made available to the Coast 
Guard upon request.
    (c) Each vessel owner or operator who designates a passenger or 
employee access area (as those terms are defined in Sec. Sec.  104.106 
and 104.107 of this part) on their vessel must keep on board the vessel 
with their approved VSP a clear, visual representation (such as a vessel 
schematic) of where those designated areas fall. This need not be 
submitted to the Coast Guard for approval until incorporated into the 
VSP at the next VSP submittal (either renewal or amendment), but must be 
made available to the Coast Guard upon request.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60513, 
Oct. 22, 2003; USCG-2004-18057, 69 FR 34925, June 23, 2004; USCG-2006-
24196, 72 FR 3579, Jan. 25, 2007]

    Effective Date Note: By USCG-2007-28915, 81 FR 57710, Aug. 23, 2016, 
Sec.  104.120 was amended in paragraph (a) introductory text by removing 
the words ``, on or before July 1, 2004,'', effective Aug. 23, 2018.

[[Page 365]]



Sec.  104.125  Noncompliance.

    When a vessel must temporarily deviate from the requirements of this 
part, the vessel owner or operator must notify the cognizant COTP, and 
either suspend operations or request and receive permission from the 
COTP to continue operating.

[USCG-2003-14749, 68 FR 60513, Oct. 22, 2003]



Sec.  104.130  Waivers.

    Any vessel owner or operator may apply for a waiver of any 
requirement of this part that the owner or operator considers 
unnecessary in light of the nature or operating conditions of the 
vessel. A request for a waiver must be submitted in writing with 
justification to the Commandant (CG-5P), Attn: Assistant Commandant for 
Prevention Policy, U.S. Coast Guard Stop 7501, 2703 Martin Luther King 
Jr. Avenue SE., Washington, DC 20593-7501. The Commandant (CG-5P) may 
require the vessel owner or operator to provide additional data for 
determining the validity of the requested waiver. The Commandant (CG-5P) 
may grant, in writing, a waiver with or without conditions only if the 
waiver will not reduce the overall security of the vessel, its 
passengers, its crew, or its cargo, or facilities or ports that the 
vessel may visit.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended by USCG-2008-
0179, 73 FR 35009, June 19, 2008; USCG-2010-0351, 75 FR 36282, June 25, 
2010; USCG-2013-0397, 78 FR 39173, July 1, 2013; USCG-2014-0410, 79 FR 
38432, July 7, 2014]



Sec.  104.135  Equivalents.

    For any measure required by this part, the vessel owner or operator 
may propose an equivalent as provided in Sec.  101.130 of this 
subchapter.



Sec.  104.140  Alternative Security Programs.

    A vessel owner or operator may use an Alternative Security Program 
as approved under Sec.  101.120 of this subchapter if:
    (a) The Alternative Security Program is appropriate to that class of 
vessel;
    (b) The vessel is not subject to the International Convention for 
Safety of Life at Sea, 1974; and
    (c) The Alternative Security Program is implemented in its entirety.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60513, 
Oct. 22, 2003]



Sec.  104.145  Maritime Security (MARSEC) Directive.

    Each vessel owner or operator subject to this part must comply with 
any instructions contained in a MARSEC Directive issued under Sec.  
101.405 of this subchapter.



Sec.  104.150  Right to appeal.

    Any person directly affected by a decision or action taken under 
this part, by or on behalf of the Coast Guard, may appeal as described 
in Sec.  101.420 of this subchapter.



                 Subpart B_Vessel Security Requirements



Sec.  104.200  Owner or operator.

    (a) Each vessel owner or operator must ensure that the vessel 
operates in compliance with the requirements of this part.
    (b) For each vessel, the vessel owner or operator must:
    (1) Define the security organizational structure for each vessel and 
provide all personnel exercising security duties or responsibilities 
within that structure with the support needed to fulfill security 
obligations;
    (2) Designate, in writing, by name or title, a Company Security 
Officer (CSO), a Vessel Security Officer (VSO) for each vessel, and 
identify how those officers can be contacted at any time;
    (3) Ensure personnel receive training, drills, and exercises 
enabling them to perform their assigned security duties;
    (4) Inform vessel personnel of their responsibility to apply for and 
maintain a TWIC, including the deadlines and methods for such 
applications, and of their obligation to inform TSA of any event that 
would render them ineligible for a TWIC, or which would invalidate their 
existing TWIC;
    (5) Ensure vessel security records are kept;

[[Page 366]]

    (6) Ensure that adequate coordination of security issues takes place 
between vessels and facilities; this includes the execution of a 
Declaration of Security (DoS);
    (7) Ensure coordination of shore leave, transit, or crew change-out 
for vessel personnel, as well as access through the facility of visitors 
to the vessel (including representatives of seafarers' welfare and labor 
organizations), with facility operators in advance of a vessel's 
arrival. Vessel owners or operators may refer to treaties of friendship, 
commerce, and navigation between the U.S. and other nations in 
coordinating such leave;
    (8) Ensure security communication is readily available;
    (9) Ensure coordination with and implementation of changes in 
Maritime Security (MARSEC) Level;
    (10) Ensure that security systems and equipment are installed and 
maintained;
    (11) Ensure that vessel access, including the embarkation of persons 
and their effects, is controlled;
    (12) Ensure that TWIC procedures are implemented as set forth in 
this part, including;
    (i) Ensuring that only individuals who hold a TWIC and are 
authorized to be in secure areas are permitted to escort;
    (ii) Identifying what action is to be taken by an escort, or other 
authorized individual, should individuals under escort engage in 
activities other than those for which escorted access was granted; and
    (iii) Notifying vessel employees, and passengers if applicable, of 
what parts of the vessel are secure areas, employee access areas, and 
passenger access areas, as applicable, and ensuring such areas are 
clearly marked.
    (13) Ensure that restricted areas are controlled and TWIC provisions 
are coordinated, if applied to such restricted areas;
    (14) Ensure that protocols consistent with Sec.  104.265(c) of this 
part, for dealing with individuals requiring access who report a lost, 
damaged, or stolen TWIC, or who have applied for and not yet received a 
TWIC, are in place;
    (15) Ensure that cargo and vessel stores and bunkers are handled in 
compliance with this part;
    (16) Ensure restricted areas, deck areas, and areas surrounding the 
vessel are monitored;
    (17) Provide the Master, or for vessels on domestic routes only, the 
CSO, with the following information:
    (i) Parties responsible for appointing vessel personnel, such as 
vessel management companies, manning agents, contractors, 
concessionaires (for example, retail sales outlets, casinos, etc.);
    (ii) Parties responsible for deciding the employment of the vessel, 
including time or bareboat charters or any other entity acting in such 
capacity; and
    (iii) In cases when the vessel is employed under the terms of a 
charter party, the contract details of those documents, including time 
or voyage charters; and
    (18) Give particular consideration to the convenience, comfort, and 
personal privacy of vessel personnel and their ability to maintain their 
effectiveness over long periods; and
    (19) If applicable, ensure that protocols consistent with Sec.  
104.267 of this part, for dealing with newly hired employees who have 
applied for and not yet received a TWIC, are in place.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended by USCG-2003-
14749, 68 FR 60513, Oct. 22, 2003; USCG-2006-24196, 72 FR 3579, Jan. 25, 
2007; USCG-2013-0397, 78 FR 39173, July 1, 2013]

    Effective Date Note: By USCG-2007-28915, 81 FR 57710, Aug. 23, 2016, 
Sec.  104.200 was amended in paragraph (b)(12) introductory text, by 
removing the word ``part'' and adding, in its place, the word 
``subchapter''; and in paragraph (b)(14), by removing the words ``Sec.  
104.265(c) of this part'' and adding, in their place, the words ``Sec.  
101.550(a) of this subchapter'', effective Aug. 23, 2018.



Sec.  104.205  Master.

    (a) Nothing in this part is intended to permit the Master to be 
constrained by the Company, the vessel owner or operator, or any other 
person, from taking or executing any decision which, in the professional 
judgment of the Master, is necessary to maintain the safety and security 
of the vessel. This includes denial of access to persons--except those 
identified as duly authorized by the

[[Page 367]]

cognizant government authority--or their effects, and refusal to load 
cargo, including containers or other closed cargo transport units.
    (b) If, in the professional judgment of the Master, a conflict 
between any safety and security requirements applicable to the vessel 
arises during its operations, the Master may give precedence to measures 
intended to maintain the safety of the vessel, and take such temporary 
security measures as seem best under all circumstances. In such cases:
    (1) The Master must, as soon as practicable, inform the nearest 
COTP. If the vessel is on a foreign voyage, the Master must promptly 
inform the Coast Guard via the NRC at 1-800-424-8802, direct telephone 
at 202-267-2675; Fax: 202-267-1322, TDD at 202-267-4477, or E-mail at 
[email protected] and if subject to the jurisdiction of a 
foreign government, the relevant maritime authority of that foreign 
government;
    (2) The temporary security measures must, to the highest possible 
degree, be commensurate with the prevailing Maritime Security (MARSEC) 
Level; and
    (3) The owner or operator must ensure that such conflicts are 
resolved to the satisfaction of the cognizant COTP, or for vessels on 
international voyages, the Commandant (CG-5P), and that the possibility 
of recurrence is minimized.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60513, 
Oct. 22, 2003; USCG-2006-25150, 71 FR 39208, July 12, 2006; USCG-2008-
0179, 73 FR 35009, June 19, 2008; USCG-2013-0397, 78 FR 39173, July 1, 
2013]



Sec.  104.210  Company Security Officer (CSO).

    (a) General. (1) Each vessel owner or operator must designate in 
writing a CSO.
    (2) A vessel owner or operator may designate a single CSO for all 
its vessels to which this part applies, or may designate more than one 
CSO, in which case the owner or operator must clearly identify the 
vessels for which each CSO is responsible.
    (3) A CSO may perform other duties within the owner or operator's 
organization, including the duties of a Vessel Security Officer, 
provided he or she is able to perform the duties and responsibilities 
required of a CSO.
    (4) The CSO may delegate duties required by this part, but remains 
responsible for the performance of those duties.
    (5) The CSO must maintain a TWIC.
    (b) Qualifications. (1) The CSO must have general knowledge, through 
training or equivalent job experience, in the following:
    (i) Security administration and organization of the company's 
vessel(s);
    (ii) Vessel, facility, and port operations relevant to that 
industry;
    (iii) Vessel and facility security measures, including the meaning 
and the consequential requirements of the different Maritime Security 
(MARSEC) Levels;
    (iv) Emergency preparedness and response and contingency planning;
    (v) Security equipment and systems and their operational 
limitations;
    (vi) Methods of conducting audits, inspection and control and 
monitoring techniques; and
    (vii) Techniques for security training and education, including 
security measures and procedures.
    (2) In addition to knowledge and training in paragraph (b)(1) of 
this section, the CSO must have general knowledge through training or 
equivalent job experience in the following, as appropriate:
    (i) Relevant international conventions, codes, and recommendations;
    (ii) Relevant government legislation and regulations;
    (iii) Responsibilities and functions of other security 
organizations;
    (iv) Methodology of Vessel Security Assessment;
    (v) Methods of vessel security surveys and inspections;
    (vi) Instruction techniques for security training and education, 
including security measures and procedures;
    (vii) Handling sensitive security information and security related 
communications;
    (viii) Knowledge of current security threats and patterns;
    (ix) Recognition and detection of dangerous substances and devices;
    (x) Recognition of characteristics and behavioral patterns of 
persons who are likely to threaten security;

[[Page 368]]

    (xi) Techniques used to circumvent security measures;
    (xii) Methods of physical screening and non-intrusive inspections;
    (xiii) Security drills and exercises, including drills and exercises 
with facilities; and
    (xiv) Assessment of security drills and exercises.
    (xv) Knowledge of TWIC requirements
    (c) Responsibilities. In addition to those responsibilities and 
duties specified elsewhere in this part, the CSO must, for each vessel 
for which he or she has been designated:
    (1) Keep the vessel apprised of potential threats or other 
information relevant to its security;
    (2) Ensure a Vessel Security Assessment (VSA) is carried out;
    (3) Ensure a Vessel Security Plan (VSP) is developed, approved, and 
maintained;
    (4) Ensure the VSP is modified when necessary;
    (5) Ensure vessel security activities are audited;
    (6) Arrange for Coast Guard inspections under 46 CFR part 2;
    (7) Ensure the timely or prompt correction of problems identified by 
audits or inspections;
    (8) Enhance security awareness and vigilance within the owner's or 
operator's organization;
    (9) Ensure relevant personnel receive adequate security training;
    (10) Ensure communication and cooperation between the vessel and the 
port and facilities with which the vessel interfaces;
    (11) Ensure consistency between security requirements and safety 
requirements;
    (12) Ensure that when sister-vessel or fleet security plans are 
used, the plan for each vessel reflects the vessel-specific information 
accurately;
    (13) Ensure compliance with an Alternative Security Program or 
equivalents approved under this subchapter, if appropriate; and
    (14) Ensure security measures give particular consideration to the 
convenience, comfort, and personal privacy of vessel personnel and their 
ability to maintain their effectiveness over long periods.
    (15) Ensure the TWIC program is being properly implemented.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60513, 
Oct. 22, 2003; USCG-2006-24196, 72 FR 3580, Jan. 25, 2007]



Sec.  104.215  Vessel Security Officer (VSO).

    (a) General. (1) A VSO may perform other duties within the owner's 
or operator's organization, provided he or she is able to perform the 
duties and responsibilities required of the VSO for each such vessel.
    (2) For manned vessels, the VSO must be the Master or a member of 
the crew.
    (3) For unmanned vessels, the VSO must be an employee of the 
company, and the same person may serve as the VSO for more than one 
unmanned vessel. If a person serves as the VSO for more than one 
unmanned vessel, the name of each unmanned vessel for which he or she is 
the VSO must be listed in the Vessel Security Plan (VSP).
    (4) The VSO of any unmanned barge and the VSO of any towing vessel 
interfacing with the barge must coordinate and ensure the implementation 
of security measures applicable to both vessels during the period of 
their interface.
    (5) The VSO may assign security duties to other vessel personnel; 
however, the VSO remains responsible for these duties.
    (6) The VSO must maintain a TWIC.
    (b) Qualifications. The VSO must have general knowledge, through 
training or equivalent job experience, in the following:
    (1) Those items listed in Sec.  104.210 (b)(1) and (b)(2) of this 
part;
    (2) Vessel layout;
    (3) The VSP and related procedures, including scenario-based 
response training;
    (4) Crowd management and control techniques;
    (5) Operations of security equipment and systems; and
    (6) Testing and calibration of security equipment and systems, and 
their maintenance while at sea.
    (7) TWIC
    (c) Certification required. After July 1, 2009, persons performing 
duties as VSO on-board a seagoing vessel subject to

[[Page 369]]

the International Convention on Standards of Training, Certification and 
Watchkeeping for Seafarers, 1978, as amended, must hold a valid Coast 
Guard-issued credential with a Vessel Security Officer endorsement. The 
Coast Guard will issue this endorsement only if the person meets the 
requirements in paragraph (d) of this section. This endorsement serves 
as proof that the person meets the ship security officer requirements of 
Regulation VI/5 of the STCW.
    (d) Requirements for Coast Guard Endorsement: (1) To qualify for a 
VSO endorsement, a person must:
    (i) Be at least 18 years of age;
    (ii) Be able to speak and understand the English language as would 
be relevant to the duties of a VSO;
    (iii) Hold any valid Coast Guard-issued credential under the 
regulations specified in 46 CFR Subchapter B;
    (iv) Successfully complete a Coast Guard-accepted VSO course;
    (v) Sea Service. Fulfill one of the following:
    (A) Have approved sea service of not less than 12 months on any 
vessel subject to Sec.  104.105 of this part, credited in accordance 
with 46 CFR 10.205(e), 10.211, and/or 10.213; or
    (B) Have approved sea service of not less than 6 months on any 
vessel subject to Sec.  104.105 of this part, credited in accordance 
with 46 CFR 10.205(b), 10.211, and/or 10.213, and have knowledge of 
vessel operations.
    (2) To qualify as a Coast Guard-accepted course a VSO course under 
paragraph (d)(1)(iv) of this section must require candidates to 
demonstrate knowledge, understanding, and proficiency in the following 
competencies:
    (i) Maintaining and supervising the implementation of a vessel 
security plan;
    (ii) Assessing security risk, threat and vulnerability;
    (iii) Undertaking regular inspections of the vessel to ensure that 
appropriate security measures are implemented and maintained;
    (iv) Ensuring that security equipment and systems, if any, are 
properly operated, tested and calibrated;
    (v) Encouraging security awareness and vigilance; and
    (vi) Ensuring compliance with the TWIC program requirements.
    (3) Candidates meeting the knowledge of vessel operations 
requirement under paragraph (d)(1)(v)(B) of this section must provide 
evidence through training or equivalent job experience, in the following 
areas:
    (i) Basic vessel layout and construction:
    (A) Understanding layout, including decks, rooms and space 
numbering; and
    (B) Understanding of various vessel types; and working knowledge of 
nautical terms and definitions, especially those used to describe areas 
and parts of a vessel.
    (ii) Shipboard organization: familiarity with the various 
departments and related functions, the titles used for personnel, the 
roles and responsibilities of these persons, and the chain of command.
    (iii) Shipboard safety:
    (A) Understanding of the importance of creating and maintaining safe 
working and living conditions for passengers and crew alike;
    (B) General shipboard safety rules, emergency alarms and signals, 
and responses to and reporting of accidents;
    (C) Proper usage of protective equipment and general knowledge of 
procedures for entering enclosed spaces;
    (D) Proper usage of lifesaving equipment and where such equipment is 
normally stowed aboard various vessel types;
    (E) Understanding of the operating principles of and proper use of 
watertight and fire screen doors; and
    (F) Understanding where it is safe to smoke and not safe to smoke on 
board and in port.
    (iv) Protection of the marine environment:
    (A) Understanding of vessel personnel's responsibility to preserve 
the marine environment; and
    (B) Basic working knowledge of pollution prevention regulations and 
techniques.
    (v) Familiarity with key definitions, terminology, and operational 
practices employed in the maritime industry.
    (4)(i) Persons meeting the criteria in paragraphs (d)(4)(i)(A) and 
(B) of this section prior to the effective date of

[[Page 370]]

this regulation may successfully complete a refresher Coast Guard-
accepted VSO course no later than July 1, 2009, to fulfill (d)(1)(iv) of 
this section. Persons must have:
    (A) At least six months of VSO experience during the preceding three 
years; or
    (B) Successfully completed a VSO course that was not approved by the 
Maritime Administration (MARAD) on behalf of the Coast Guard. Maritime 
Administration approves VSO courses under section 109 of the Maritime 
Transportation Security Act of 2002, Public Law 107-295.
    (ii) To be eligible to take a refresher Coast Guard-accepted VSO 
course, a person must present to the course provider documentary 
evidence that he or she meets the criteria in (d)(4)(i) of this section.
    (5) Vessel Security Officer courses meeting the training 
requirements in paragraphs (d)(2) and (d)(4) of this section are subject 
to Coast Guard acceptance under 46 CFR 10.309(a)(10)(ii).
    (6) Vessel Security Officer courses approved by MARAD on behalf of 
the Coast Guard under section 109 of the Maritime Transportation 
Security Act of 2002, Public Law 107-295 will be accepted by the Coast 
Guard under 46 CFR 10.309 as meeting the requirements of paragraphs 
(d)(1)(iv) and (d)(2) of this section.
    (7) Persons who hold a valid ``Vessel Security Officer'' endorsement 
may serve as vessel or company personnel with security duties (33 CFR 
104.220), and as all other vessel personnel (33 CFR 104.225), without 
meeting any additional requirements.
    (e) Responsibilities. In addition to those responsibilities and 
duties specified elsewhere in this part, the VSO must, for each vessel 
for which he or she has been designated:
    (1) Regularly inspect the vessel to ensure that security measures 
are maintained;
    (2) Ensure maintenance and supervision of the implementation of the 
VSP, and any amendments to the VSP;
    (3) Ensure the coordination and handling of cargo and vessel stores 
and bunkers in compliance with this part;
    (4) Propose modifications to the VSP to the Company Security Officer 
(CSO);
    (5) Ensure that any problems identified during audits or inspections 
are reported to the CSO, and promptly implement any corrective actions;
    (6) Ensure security awareness and vigilance on board the vessel;
    (7) Ensure adequate security training for vessel personnel;
    (8) Ensure the reporting and recording of all security incidents;
    (9) Ensure the coordinated implementation of the VSP with the CSO 
and the relevant Facility Security Officer, when applicable;
    (10) Ensure security equipment is properly operated, tested, 
calibrated and maintained; and
    (11) Ensure consistency between security requirements and the proper 
treatment of vessel personnel affected by those requirements.
    (12) Ensure TWIC programs are in place and implemented 
appropriately.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60513, 
Oct. 22, 2003; USCG-2006-24196, 72 FR 3580, Jan. 25, 2007; USCG-2008-
0028, 73 FR 29070, May 20, 2008; 73 FR 34191, June 17, 2008]

    Effective Date Note: By USCG-2007-28915, 81 FR 57710, Aug. 23, 2016, 
Sec.  104.215 was amended in paragraph (b)(5), by removing the second 
use of the word ``and''; in paragraph (b)(6), by removing the symbol 
``.'' and adding, in its place, the word ``; and''; and in paragraph 
(b)(7), after the word ``TWIC'', adding the symbol ``.'', effective Aug. 
23, 2018.



Sec.  104.220  Company or vessel personnel with security duties.

    Company and vessel personnel responsible for security duties must 
maintain a TWIC, and must have knowledge, through training or equivalent 
job experience, in the following, as appropriate:
    (a) Knowledge of current security threats and patterns;
    (b) Recognition and detection of dangerous substances and devices;
    (c) Recognition of characteristics and behavioral patterns of 
persons who are likely to threaten security;
    (d) Techniques used to circumvent security measures;
    (e) Crowd management and control techniques;
    (f) Security related communications;
    (g) Knowledge of emergency procedures and contingency plans;

[[Page 371]]

    (h) Operation of security equipment and systems;
    (i) Testing and calibration of security equipment and systems, and 
their maintenance while at sea;
    (j) Inspection, control, and monitoring techniques;
    (k) Relevant provisions of the Vessel Security Plan (VSP);
    (l) Methods of physical screening of persons, personal effects, 
baggage, cargo, and vessel stores; and
    (m) The meaning and the consequential requirements of the different 
Maritime Security (MARSEC) Levels.
    (n) Relevant aspects of the TWIC program and how to carry them out.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended by USCG-2006-
24196, 72 FR 3580, Jan. 25, 2007]



Sec.  104.225  Security training for all other vessel personnel.

    All other vessel personnel, including contractors, whether part-
time, full-time, temporary, or permanent, must have knowledge of, 
through training or equivalent job experience in the following, as 
appropriate:
    (a) Relevant provisions of the Vessel Security Plan (VSP);
    (b) The meaning and the consequential requirements of the different 
Maritime Security (MARSEC) Levels, including emergency procedures and 
contingency plans;
    (c) Recognition and detection of dangerous substances and devices;
    (d) Recognition of characteristics and behavioral patterns of 
persons who are likely to threaten security; and
    (e) Techniques used to circumvent security measures.
    (f) Relevant aspects of the TWIC program and how to carry them out.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60513, 
Oct. 22, 2003; USCG-2006-24196, 72 FR 3580, Jan. 25, 2007]



Sec.  104.230  Drill and exercise requirements.

    (a) General. (1) Drills and exercises must test the proficiency of 
vessel personnel in assigned security duties at all Maritime Security 
(MARSEC) Levels and the effective implementation of the Vessel Security 
Plan (VSP). They must enable the Vessel Security Officer (VSO) to 
identify any related security deficiencies that need to be addressed.
    (2) A drill or exercise required by this section may be satisfied 
with the implementation of security measures required by the Vessel 
Security Plan as the result of an increase in the MARSEC Level, provided 
the vessel reports attainment to the cognizant COTP.
    (b) Drills. (1) The VSO must ensure that at least one security drill 
is conducted at least every 3 months, except when a vessel is out of 
service due to repairs or seasonal suspension of operation provided that 
in such cases a drill must be conducted within one week of the vessel's 
reactivation. Security drills may be held in conjunction with non-
security drills where appropriate.
    (2) Drills must test individual elements of the VSP, including 
response to security threats and incidents. Drills should take into 
account the types of operations of the vessel, vessel personnel changes, 
and other relevant circumstances. Examples of drills include 
unauthorized entry to a restricted area, response to alarms, and 
notification of law enforcement authorities.
    (3) If the vessel is moored at a facility on the date the facility 
has planned to conduct any drills, the vessel may, but is not required 
to, participate in the facility's scheduled drill.
    (4) Drills must be conducted within one week from whenever the 
percentage of vessel personnel with no prior participation in a vessel 
security drill on that vessel exceeds 25 percent.
    (5) Not withstanding paragraph (b)(4) of this section, vessels not 
subject to SOLAS may conduct drills within 1 week from whenever the 
percentage of vessel personnel with no prior participation in a vessel 
security drill on a vessel of similar design and owned or operated by 
the same company exceeds 25 percent.
    (c) Exercises. (1) Exercises must be conducted at least once each 
calendar year, with no more than 18 months between exercises.
    (2) Exercises may be:
    (i) Full scale or live;
    (ii) Tabletop simulation or seminar;

[[Page 372]]

    (iii) Combined with other appropriate exercises; or
    (iv) A combination of the elements in paragraphs (c)(2)(i) through 
(iii) of this section.
    (3) Exercises may be vessel-specific or part of a cooperative 
exercise program to exercise applicable facility and vessel security 
plans or comprehensive port exercises.
    (4) Each exercise must test communication and notification 
procedures, and elements of coordination, resource availability, and 
response.
    (5) Exercises are a full test of the security program and must 
include the substantial and active participation of relevant company and 
vessel security personnel, and may include facility security personnel 
and government authorities depending on the scope and the nature of the 
exercises.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60513, 
Oct. 22, 2003]



Sec.  104.235  Vessel recordkeeping requirements.

    (a) Unless otherwise specified in this section, the Vessel Security 
Officer must keep records of the activities as set out in paragraph (b) 
of this section for at least 2 years and make them available to the 
Coast Guard upon request.
    (b) Records required by this section may be kept in electronic 
format. If kept in an electronic format, they must be protected against 
unauthorized deletion, destruction, or amendment. The following records 
must be kept:
    (1) Training. For training under Sec.  104.225, the date of each 
session, duration of session, a description of the training, and a list 
of attendees;
    (2) Drills and exercises. For each drill or exercise, the date held, 
description of drill or exercise, list of participants; and any best 
practices or lessons learned which may improve the Vessel Security Plan 
(VSP);
    (3) Incidents and breaches of security. Date and time of occurrence, 
location within the port, location within the vessel, description of 
incident or breaches, to whom it was reported, and description of the 
response;
    (4) Changes in Maritime Security (MARSEC) Levels. Date and time of 
notification received, and time of compliance with additional 
requirements;
    (5) Maintenance, calibration, and testing of security equipment. For 
each occurrence of maintenance, calibration, and testing, the date and 
time, and the specific security equipment involved;
    (6) Security threats. Date and time of occurrence, how the threat 
was communicated, who received or identified the threat, description of 
threat, to whom it was reported, and description of the response;
    (7) Declaration of Security (DoS). Manned vessels must keep on board 
a copy of the last 10 DoSs and a copy of each continuing DoS for at 
least 90 days after the end of its effective period; and
    (8) Annual audit of the VSP. For each annual audit, a letter 
certified by the Company Security Officer or the VSO stating the date 
the audit was completed.
    (c) Any records required by this part must be protected from 
unauthorized access or disclosure.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60514, 
Oct. 22, 2003]

    Effective Date Note: By USCG-2007-28915, 81 FR 57710, Aug. 23, 2016, 
Sec.  104.235 was amended in paragraph (b)(7), by removing the second 
use of the word ``and''; in paragraph (b)(8), by removing the symbol 
``.'' and adding, in its place, the word ``; and''; by adding paragraph 
(b)(9); and by revising paragraph (c), effective Aug. 23, 2018. For the 
convenience of the user, the added and revised text is set forth as 
follows:



Sec.  104.235  Vessel recordkeeping requirements.

                                * * * * *

    (b) * * *
    (9) Electronic Reader/Physical Access Control System (PACS). For 
each individual granted unescorted access to a secure area, the: FASC-N; 
date and time that unescorted access was granted; and, if captured, the 
individual's name. Additionally, documentation to demonstrate that the 
owner or operator has updated the Canceled Card List with the frequency 
required in Sec.  101.525 of this subchapter.
    (c) Any records required by this part must be protected from 
unauthorized access or disclosure. TWIC reader records and similar 
records in a PACS are sensitive security information and must be 
protected in accordance with 49 CFR part 1520.

[[Page 373]]



Sec.  104.240  Maritime Security (MARSEC) Level coordination and implementation.

    (a) The vessel owner or operator must ensure that, prior to entering 
a port or visiting an Outer Continental Shelf (OCS) facility, all 
measures are taken that are specified in the Vessel Security Plan (VSP) 
for compliance with the MARSEC Level in effect for the port or the OCS 
facility.
    (b) When notified of an increase in the MARSEC Level, the vessel 
owner or operator must ensure:
    (1) If a higher MARSEC Level is set for the port in which the vessel 
is located or is about to enter, the vessel complies, without undue 
delay, with all measures specified in the VSP for compliance with that 
higher MARSEC Level;
    (2) The COTP is notified as required by Sec.  101.300(c) when 
compliance with the higher MARSEC Level has been implemented;
    (3) For vessels in port, that compliance with the higher MARSEC 
Level has taken place within 12 hours of the notification; and
    (4) If a higher MARSEC Level is set for the OCS facility with which 
the vessel is interfacing or is about to visit, the vessel complies, 
without undue delay, with all measures specified in the VSP for 
compliance with that higher MARSEC Level.
    (c) For MARSEC Levels 2 and 3, the Vessel Security Officer must 
brief all vessel personnel of identified threats, emphasize reporting 
procedures, and stress the need for increased vigilance.
    (d) An owner or operator whose vessel is not in compliance with the 
requirements of this section must inform the COTP and obtain approval 
prior to entering any port, prior to interfacing with another vessel or 
with a facility or to continuing operations.
    (e) For MARSEC Level 3, in addition to the requirements in this 
part, a vessel owner or operator may be required to implement additional 
measures, pursuant to 33 CFR part 6, 160 or 165, as appropriate, which 
may include but are not limited to:
    (1) Arrangements to ensure that the vessel can be towed or moved if 
deemed necessary by the Coast Guard;
    (2) Use of waterborne security patrol;
    (3) Use of armed security personnel to control access to the vessel 
and to deter, to the maximum extent practical, a TSI; or
    (4) Screening the vessel for the presence of dangerous substances 
and devices underwater or other threats.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60514, 
Oct. 22, 2003]



Sec.  104.245  Communications.

    (a) The Vessel Security Officer must have a means to effectively 
notify vessel personnel of changes in security conditions on board the 
vessel.
    (b) Communications systems and procedures must allow effective and 
continuous communication between the vessel security personnel, 
facilities interfacing with the vessel, vessels interfacing with the 
vessel, and national or local authorities with security 
responsibilities.
    (c) Communication systems and procedures must enable vessel 
personnel to notify, in a timely manner, shore side authorities or other 
vessels of a security threat or incident on board.



Sec.  104.250  Procedures for interfacing with facilities and other vessels.

    (a) The vessel owner or operator must ensure that there are measures 
for interfacing with facilities and other vessels at all MARSEC Levels.
    (b) For each U.S. flag vessel that calls on foreign ports or 
facilities, the vessel owner or operator must ensure procedures for 
interfacing with those ports and facilities are established.



Sec.  104.255  Declaration of Security (DoS).

    (a) Each vessel owner or operator must ensure procedures are 
established for requesting a DoS and for handling DoS requests from a 
facility or other vessel.
    (b) At MARSEC Level 1, the Master or Vessel Security Officer (VSO), 
or their designated representative, of any cruise ship or manned vessel 
carrying Certain Dangerous Cargoes, in bulk, must complete and sign a 
DoS with the VSO or Facility Security Officer (FSO), or their designated 
representative, of any vessel or facility with which it interfaces.

[[Page 374]]

    (1) For a vessel-to-facility interface, prior to arrival of a vessel 
to a facility, the FSO and Master, VSO, or their designated 
representatives must coordinate security needs and procedures, and agree 
upon the contents of the DoS for the period of time the vessel is at the 
facility. Upon a vessel's arrival to a facility and prior to any 
passenger embarkation or disembarkation or cargo transfer operation, the 
FSO or Master, VSO, or designated representatives must sign the written 
DoS.
    (2) For a vessel engaging in a vessel-to-vessel activity, prior to 
the activity, the respective Masters, VSOs, or their designated 
representatives must coordinate security needs and procedures, and agree 
upon the contents of the DoS for the period of the vessel-to-vessel 
activity. Upon the vessel-to-vessel activity and prior to any passenger 
embarkation or disembarkation or cargo transfer operation, the 
respective Masters, VSOs, or designated representatives must sign the 
written DoS.
    (c) At MARSEC Levels 2 and 3, the Master, VSO, or designated 
representative of any manned vessel required to comply with this part 
must coordinate security needs and procedures, and agree upon the 
contents of the DoS for the period of the vessel-to-vessel activity. 
Upon the vessel-to-vessel activity and prior to any passenger 
embarkation or disembarkation or cargo transfer operation, the 
respective Masters, VSOs, or designated representatives must sign the 
written DoS.
    (d) At MARSEC Levels 2 and 3, the Master, VSO, or designated 
representative of any manned vessel required to comply with this part 
must coordinate security needs and procedures, and agree upon the 
contents of the DoS for the period the vessel is at the facility. Upon 
the vessel's arrival to a facility and prior to any passenger 
embarkation or disembarkation or cargo transfer operation, the 
respective FSO and Master, VSO, or designated representatives must sign 
the written DoS.
    (e) At MARSEC Levels 1 and 2, VSOs of vessels that frequently 
interface with the same facility may implement a continuing DoS for 
multiple visits, provided that:
    (1) The DoS is valid for the specific MARSEC Level;
    (2) The effective period at MARSEC Level 1 does not exceed 90 days; 
and
    (3) The effective period at MARSEC Level 2 does not exceed 30 days.
    (f) When the MARSEC Level increases beyond the level contained in 
the DoS, the continuing DoS becomes void and a new DoS must be signed 
and implemented in accordance with this section.
    (g) The COTP may require at any time, at any MARSEC Level, any 
manned vessel subject to this part to implement a DoS with the VSO or 
FSO prior to any vessel-to-vessel activity or vessel-to-facility 
interface when he or she deems it necessary.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60514, 
Oct. 22, 2003]



Sec.  104.260  Security systems and equipment maintenance.

    (a) Security systems and equipment must be in good working order and 
inspected, tested, calibrated and maintained according to the 
manufacturer's recommendation.
    (b) The results of testing completed under paragraph (a) of this 
section shall be recorded in accordance with Sec.  104.235. Any 
deficiencies shall be promptly corrected.
    (c) The Vessel Security Plan (VSP) must include procedures for 
identifying and responding to security system and equipment failures or 
malfunctions.

    Effective Date Note: By USCG-2007-28915, 81 FR 57710, Aug. 23, 2016, 
Sec.  104.260 was amended in paragraph (b) by removing the word 
``shall'' wherever it appears and adding in its place the word ``must'', 
effective Aug. 23, 2018.



Sec.  104.263  Risk Group classifications for vessels.

    (a) For purposes of the Transportation Worker Identification 
Credential requirements of this subchapter, the following vessels 
subject to this part are in Risk Group A:
    (1) Vessels that carry Certain Dangerous Cargoes in bulk.
    (2) Vessels certificated to carry more than 1,000 passengers.
    (3) Any vessel engaged in towing a vessel subject to paragraph 
(a)(1) or (a)(2) of this section.

[[Page 375]]

    (b) Vessels may move from one Risk Group classification to another, 
based on the cargo they are carrying or handling at any given time. An 
owner or operator expecting a vessel to move between Risk Groups must 
explain, in the Vessel Security Plan, the timing of such movements, as 
well as how the vessel will move between the requirements of the higher 
and lower Risk Groups, with particular attention to the security 
measures to be taken moving from a lower Risk Group to a higher Risk 
Group.

[By USCG-2007-28915, 81 FR 57711, Aug. 23, 2016]

    Effective Date Note: By USCG-2007-28915, 81 FR 57711, Aug. 23, 2016, 
Sec.  104.263 was added, effective Aug. 23, 2018.



Sec.  104.265  Security measures for access control.

    (a) General. The vessel owner or operator must ensure the 
implementation of security measures to:
    (1) Deter the unauthorized introduction of dangerous substances and 
devices, including any device intended to damage or destroy persons, 
vessels, facilities, or ports;
    (2) Secure dangerous substances and devices that are authorized by 
the owner or operator to be on board;
    (3) Control access to the vessel; and
    (4) Prevent an unescorted individual from entering an area of the 
vessel that is designated as a secure area unless the individual holds a 
duly issued TWIC and is authorized to be in the area.
    (b) The vessel owner or operator must ensure that the following are 
specified:
    (1) The locations providing means of access to the vessel where 
access restrictions or prohibitions are applied for each Maritime 
Security (MARSEC) Level, including those points where TWIC access 
control provisions will be applied. ``Means of access'' include, but are 
not limited, to all:
    (i) Access ladders;
    (ii) Access gangways;
    (iii) Access ramps;
    (iv) Access doors, side scuttles, windows, and ports;
    (v) Mooring lines and anchor chains; and
    (vi) Cranes and hoisting gear;
    (2) The identification of the types of restriction or prohibition to 
be applied and the means of enforcing them;
    (3) The means used to establish the identity of individuals not in 
possession of a TWIC and procedures for escorting, in accordance with 
Sec.  101.515 of this subchapter; and
    (4) Procedures for identifying authorized and unauthorized persons 
at any MARSEC level.
    (c) The vessel owner or operator must ensure that a TWIC program is 
implemented as follows:
    (1) All persons seeking unescorted access to secure areas must 
present their TWIC for inspection before being allowed unescorted 
access, in accordance with Sec.  101.514 of this subchapter. Inspection 
must include:
    (i) A match of the photo on the TWIC to the individual presenting 
the TWIC;
    (ii) Verification that the TWIC has not expired; and
    (iii) A visual check of the various security features present on the 
card to determine whether the TWIC has been tampered with or forged.
    (2) If an individual cannot present a TWIC because it has been lost, 
damaged or stolen, and he or she has previously been granted unescorted 
access to the vessel and is known to have had a valid TWIC, the 
individual may be given unescorted access to secure areas for a period 
of no longer than seven consecutive calendar days provided that:
    (i) The individual has reported the TWIC as lost, damaged, or stolen 
to TSA as required in 49 CFR 1572.19(f);
    (ii) The individual can present another identification credential 
that meets the requirements of Sec.  101.515 of this subchapter; and
    (iii) There are no other suspicious circumstances associated with 
the individual's claim of loss or theft.
    (3) If an individual cannot present his or her TWIC for any other 
reason than outlined in paragraph (2) of this section, he or she may not 
be granted unescorted access to the secure area. The individual must be 
under escort, as that term is defined in part 101 of this subchapter, at 
all times when inside a secure area.
    (4) With the exception of persons granted access according to 
paragraph

[[Page 376]]

(2) of this section, all persons granted unescorted access to secure 
areas of the vessel must be able to produce his or her TWIC upon 
request.
    (5) There must be disciplinary measures in place to prevent fraud 
and abuse.
    (6) The vessel's TWIC program should be coordinated, when 
practicable, with identification and TWIC access control measures of 
facilities or other transportation conveyances that interface with the 
vessel.
    (d) If the vessel owner or operator uses a separate identification 
system, ensure that it complies and is coordinated with TWIC provisions 
in this part.
    (e) The vessel owner or operator must establish in the approved VSP 
the frequency of application of any security measures for access 
control, particularly if these security measures are applied on a random 
or occasional basis.
    (f) MARSEC Level 1. The vessel owner or operator must ensure 
security measures in this paragraph are implemented to:
    (1) Employ TWIC as set out in paragraph (c) of this section.
    (2) Screen persons, baggage (including carry-on items), personal 
effects, and vehicles for dangerous substances and devices at the rate 
specified in the approved VSP, except for government-owned vehicles on 
official business when government personnel present identification 
credentials for entry;
    (3) Conspicuously post signs that describe security measures 
currently in effect and clearly state that:
    (i) Boarding the vessel is deemed valid consent to screening or 
inspection; and
    (ii) Failure to consent or submit to screening or inspection will 
result in denial or revocation of authorization to board;
    (4) Check the identification of any person not holding a TWIC and 
seeking to board the vessel, including vessel passengers, vendors, 
personnel duly authorized by the cognizant government authorities, and 
visitors. This check includes confirming the reason for boarding by 
examining at least one of the following:
    (i) Joining instructions;
    (ii) Passenger tickets;
    (iii) Boarding passes;
    (iv) Work orders, pilot orders, or surveyor orders;
    (v) Government identification; or
    (vi) Visitor badges issued in accordance with an identification 
system implemented under paragraph (d) of this section.
    (5) Deny or revoke a person's authorization to be on board if the 
person is unable or unwilling, upon the request of vessel personnel or a 
law enforcement officer, to establish his or her identity in accordance 
with this part or to account for his or her presence on board. Any such 
incident must be reported in compliance with this part;
    (6) Deter unauthorized access to the vessel;
    (7) Identify access points that must be secured or attended to deter 
unauthorized access;
    (8) Lock or otherwise prevent access to unattended spaces that 
adjoin areas to which passengers and visitors have access;
    (9) Provide a designated area on board, within the secure area, or 
in liaison with a facility, for conducting inspections and screening of 
people, baggage (including carry-on items), personal effects, vehicles 
and the vehicle's contents;
    (10) Ensure vessel personnel are not subjected to screening, of the 
person or of personal effects, by other vessel personnel, unless 
security clearly requires it;
    (11) Conduct screening in a way that takes into full account 
individual human rights and preserves the individual's basic human 
dignity;
    (12) Ensure the screening of all unaccompanied baggage;
    (13) Ensure checked persons and their personal effects are 
segregated from unchecked persons and their personal effects;
    (14) Ensure embarking passengers are segregated from disembarking 
passengers;
    (15) Ensure, in liaison with the facility, a defined percentage of 
vehicles to be loaded aboard passenger vessels are screened prior to 
loading at the rate specified in the approved VSP;
    (16) Ensure, in liaison with the facility, all unaccompanied 
vehicles to be

[[Page 377]]

loaded on passenger vessels are screened prior to loading; and
    (17) Respond to the presence of unauthorized persons on board, 
including repelling unauthorized boarders.
    (g) MARSEC Level 2. In addition to the security measures required 
for MARSEC Level 1 in this section, at MARSEC Level 2, the vessel owner 
or operator must ensure the implementation of additional security 
measures, as specified for MARSEC Level 2 in the approved VSP. These 
additional security measures may include:
    (1) Increasing the frequency and detail of screening of people, 
personal effects, and vehicles being embarked or loaded onto the vessel 
as specified for MARSEC Level 2 in the approved VSP, except for 
government-owned vehicles on official business when government personnel 
present identification credentials for entry;
    (2) X-ray screening of all unaccompanied baggage;
    (3) Assigning additional personnel to patrol deck areas during 
periods of reduced vessel operations to deter unauthorized access;
    (4) Limiting the number of access points to the vessel by closing 
and securing some access points;
    (5) Denying access to visitors who do not have a verified 
destination;
    (6) Deterring waterside access to the vessel, which may include, in 
liaison with the facility, providing boat patrols; and
    (7) Establishing a restricted area on the shore side of the vessel, 
in close cooperation with the facility.
    (h) MARSEC Level 3. In addition to the security measures required 
for MARSEC Level 1 and MARSEC Level 2, the vessel owner or operator must 
ensure the implementation of additional security measures, as specified 
for MARSEC Level 3 in the approved VSP. The additional security measures 
may include:
    (1) Screening all persons, baggage, and personal effects for 
dangerous substances and devices;
    (2) Performing one or more of the following on unaccompanied 
baggage:
    (i) Screen unaccompanied baggage more extensively, for example, x-
raying from two or more angles;
    (ii) Prepare to restrict or suspend handling unaccompanied baggage; 
or
    (iii) Refuse to accept unaccompanied baggage on board;
    (3) Being prepared to cooperate with responders and facilities;
    (4) Limiting access to the vessel to a single, controlled access 
point;
    (5) Granting access to only those responding to the security 
incident or threat thereof;
    (6) Suspending embarkation and/or disembarkation of personnel;
    (7) Suspending cargo operations;
    (8) Evacuating the vessel;
    (9) Moving the vessel; or
    (10) Preparing for a full or partial search of the vessel.

[USCG-2006-24196, 72 FR 3580, Jan. 25, 2007]

    Effective Date Note: By USCG-2007-28915, 81 FR 57711, Aug. 23, 2016, 
Sec.  104.265 was amended as follows, effective Aug. 23, 2018.
    a. Revising paragraph (a)(4);
    b. Removing paragraphs (c) and (d);
    c. Redesignating paragraphs (e) through (h) as (c) through (f), 
respectively;
    d. Revising newly redesignated paragraph (d)(1);
    e. In newly redesignated paragraph (e)(6), removing the word 
``and'';
    f. In newly redesignated paragraph (e)(7), removing the symbol ``.'' 
and adding, in its place, the word ``; or'';
    g. Adding paragraph (e)(8);
    h. In newly redesignated paragraph (f)(9), removing the word ``or'';
    i. In newly redesignated paragraph (f)(10), removing the symbol 
``.'' and adding, in its place, the word ``; or''; and
    j. Adding paragraph (f)(11).
For the convenience of the user, the added and revised text is set forth 
as follows:



Sec.  104.265  Security measures for access control.

    (a) * * *
    (4) Prevent an unescorted individual from entering an area of the 
vessel that is designated as a secure area unless the individual holds a 
duly issued TWIC and is authorized to be in the area. Individuals 
seeking unescorted access to a secure area on a vessel in Risk Group A 
must pass electronic TWIC inspection and those seeking unescorted access 
to a secure area on a vessel not in Risk Group A must pass either 
electronic TWIC inspection or visual TWIC inspection.

                                * * * * *

    (d) * * *
    (1) Implement a TWIC Program as set out in subpart E of part 101 of 
this subchapter, as

[[Page 378]]

applicable, and in accordance with the vessel's assigned Risk Group, as 
set out in Sec.  104.263;

                                * * * * *

    (e) * * *
    (8) Implementing additional electronic TWIC inspection requirements, 
as required by Sec.  104.263, and by subpart E of part 101 of this 
subchapter, if relevant.

                                * * * * *

    (f) * * *
    (11) Implementing additional electronic TWIC inspection 
requirements, as required by Sec.  104.263, and by subchapter E of part 
101 of this subchapter, if relevant.



Sec.  104.267  Security measures for newly hired employees.

    (a) Newly-hired vessel employees may be granted entry to secure 
areas of the vessel for up to 30 consecutive calendar days prior to 
receiving their TWIC provided all of the requirements in paragraph (b) 
of this section are met, and provided that the new hire is accompanied 
by an individual with a TWIC while within the secure areas of the 
vessel. If TSA does not act upon a TWIC application within 30 days, the 
cognizant Coast Guard COTP may further extend access to secure areas for 
another 30 days. The Coast Guard will determine whether, in particular 
circumstances, certain practices meet the condition of a new hire being 
accompanied by another individual with a TWIC. The Coast Guard will 
issue guidance for use in making these determinations.
    (b) Newly-hired vessel employees may be granted the access provided 
for in paragraph (a) of this section only if:
    (1) The new hire has applied for a TWIC in accordance with 49 CFR 
part 1572 by completing the full enrollment process, paying the user 
fee, and is not currently engaged in a waiver or appeal process. The 
vessel owner or operator or Vessel Security Officer (VSO) must have the 
new hire sign a statement affirming this, and must retain the signed 
statement until the new hire receives a TWIC;
    (2) The vessel owner or operator or the VSO enters the following 
information on the new hire into the Coast Guard's Homeport website 
(http://homeport.uscg.mil):
    (i) Full legal name, including middle name if one exists;
    (ii) Date of birth;
    (iii) Social security number (optional);
    (iv) Employer name and 24 hour contact information; and
    (v) Date of TWIC enrollment;
    (3) The new hire presents an identification credential that meets 
the requirements of Sec.  101.515 of this subchapter;
    (4) There are no other circumstances that would cause reasonable 
suspicion regarding the new hire's ability to obtain a TWIC, and the 
vessel owner or operator or VSO have not been informed by the cognizant 
COTP that the new hire poses a security threat; and
    (5) There would be an adverse impact to vessel operations if the new 
hire is not allowed access.
    (c) This section does not apply to any individual being hired as a 
Company Security Officer (CSO) or VSO, or any individual being hired to 
perform vessel security duties.
    (d) The new hire may not begin working on board the vessel under the 
provisions of this section until the owner, operator, or VSO receives 
notification, via Homeport or some other means, the new hire has passed 
an initial name check.

[USCG-2006-24196, 72 FR 3581, Jan. 25, 2007, as amended by USCG-2013-
0397, 78 FR 39173, July 1, 2013]

    Effective Date Note: By USCG-2007-28915, 81 FR 57711, Aug. 23, 2016, 
Sec.  104.267 was amended by removing the last sentence from paragraph 
(a), effective Aug. 23, 2018.



Sec.  104.270  Security measures for restricted areas.

    (a) General. The vessel owner or operator must ensure the 
designation of restricted areas in order to:
    (1) Prevent or deter unauthorized access;
    (2) Protect persons authorized to be on board;
    (3) Protect the vessel;
    (4) Protect sensitive security areas within the vessel;
    (5) Protect security and surveillance equipment and systems; and

[[Page 379]]

    (6) Protect cargo and vessel stores from tampering.
    (b) Designation of Restricted Areas. The vessel owner or operator 
must ensure restricted areas are designated on board the vessel, as 
specified in the approved plan. Restricted areas must include, as 
appropriate:
    (1) Navigation bridge, machinery spaces and other control stations;
    (2) Spaces containing security and surveillance equipment and 
systems and their controls and lighting system controls;
    (3) Ventilation and air-conditioning systems and other similar 
spaces;
    (4) Spaces with access to potable water tanks, pumps, or manifolds;
    (5) Spaces containing dangerous goods or hazardous substances;
    (6) Spaces containing cargo pumps and their controls;
    (7) Cargo spaces and spaces containing vessel stores;
    (8) Crew accommodations; and
    (9) Any other spaces or areas vital to the security of the vessel.
    (c) The vessel owner or operator must ensure that security measures 
and policies are established to:
    (1) Identify which vessel personnel are authorized to have access;
    (2) Determine which persons other than vessel personnel are 
authorized to have access;
    (3) Determine the conditions under which that access may take place;
    (4) Define the extent of any restricted area;
    (5) Define the times when access restrictions apply; and
    (6) Clearly mark all restricted areas and indicate that access to 
the area is restricted and that unauthorized presence within the area 
constitutes a breach of security.
    (d) Maritime Security (MARSEC) Level 1. The vessel owner or operator 
must ensure the implementation of security measures to prevent 
unauthorized access or activities within the area. These security 
measures may include:
    (1) Locking or securing access points;
    (2) Monitoring and using surveillance equipment;
    (3) Using guards or patrols; and
    (4) Using automatic intrusion detection devices, which if used must 
activate an audible and/or visual alarm at a location that is 
continuously attended or monitored, to alert vessel personnel to 
unauthorized access.
    (e) MARSEC Level 2. In addition to the security measures required 
for MARSEC Level 1 in this section, at MARSEC Level 2, the vessel owner 
or operator must also ensure the implementation of additional security 
measures, as specified for MARSEC Level 2 in the approved VSP. These 
additional security measures may include:
    (1) Increasing the frequency and intensity of monitoring and access 
controls on existing restricted access areas;
    (2) Restricting access to areas adjacent to access points;
    (3) Providing continuous monitoring of each area, using surveillance 
equipment; and
    (4) Dedicating additional personnel to guard or patrol each area.
    (f) MARSEC Level 3. In addition to the security measures required 
for MARSEC Level 1 and MARSEC Level 2, at MARSEC Level 3, the vessel 
owner or operator must ensure the implementation of additional security 
measures, as specified for MARSEC Level 3 in the approved VSP. These 
additional security measures may include:
    (1) Restricting access to additional areas; and
    (2) Searching restricted areas as part of a security sweep of the 
vessel.



Sec.  104.275  Security measures for handling cargo.

    (a) General. The vessel owner or operator must ensure that security 
measures relating to cargo handling, some of which may have to be 
applied in liaison with the facility or another vessel, are specified in 
order to:
    (1) Deter tampering;
    (2) Prevent cargo that is not meant for carriage from being accepted 
and stored on board the vessel;
    (3) Identify cargo that is approved for loading onto the vessel;
    (4) Include inventory control procedures at access points to the 
vessel; and
    (5) When there are regular or repeated cargo operations with the 
same shipper, coordinate security measures with the shipper or other 
responsible

[[Page 380]]

party in accordance with an established agreement and procedures.
    (b) Maritime Security (MARSEC) Level 1. At MARSEC Level 1, the 
vessel owner or operator must ensure the implementation of measures to:
    (1) Unless unsafe to do so, routinely check cargo and cargo spaces 
prior to and during cargo handling for evidence of tampering;
    (2) Check that cargo to be loaded matches the cargo documentation, 
or that cargo markings or container numbers match the information 
provided with shipping documents;
    (3) Ensure, in liaison with the facility, that vehicles to be loaded 
on board car carriers, RO-RO, and passenger ships are subjected to 
screening prior to loading, in accordance with the frequency required in 
the VSP; and
    (4) Check, in liaison with the facility, seals or other methods used 
to prevent tampering.
    (c) MARSEC Level 2. In addition to the security measures required 
for MARSEC Level 1 in this section, at MARSEC Level 2, the vessel owner 
or operator must also ensure the implementation of additional security 
measures, as specified for MARSEC Level 2 in the approved Vessel 
Security Plan (VSP). These additional security measures may include:
    (1) Increasing the frequency and detail of checking cargo and cargo 
spaces for evidence of tampering;
    (2) Intensifying checks to ensure that only the intended cargo, 
container, or other cargo transport units are loaded;
    (3) Intensifying screening of vehicles to be loaded on car-carriers, 
RO-RO, and passenger vessels;
    (4) In liaison with the facility, increasing frequency and detail in 
checking seals or other methods used to prevent tampering;
    (5) Increasing the frequency and intensity of visual and physical 
inspections; or
    (6) Coordinating enhanced security measures with the shipper or 
other responsible party in accordance with an established agreement and 
procedures.
    (d) MARSEC Level 3. In addition to the security measures for MARSEC 
Level 1 and MARSEC Level 2, at MARSEC Level 3, the vessel owner or 
operator must ensure the implementation of additional security measures, 
as specified for MARSEC Level 3 in the approved VSP. These additional 
security measures may include:
    (1) Suspending loading or unloading of cargo;
    (2) Being prepared to cooperate with responders, facilities, and 
other vessels; or
    (3) Verifying the inventory and location of any hazardous materials 
carried on board.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60514, 
Oct. 22, 2003]



Sec.  104.280  Security measures for delivery of vessel stores and bunkers.

    (a) General. The vessel owner or operator must ensure that security 
measures relating to the delivery of vessel stores and bunkers are 
implemented to:
    (1) Check vessel stores for package integrity;
    (2) Prevent vessel stores from being accepted without inspection;
    (3) Deter tampering; and
    (4) Prevent vessel stores and bunkers from being accepted unless 
ordered. For vessels that routinely use a facility, a vessel owner or 
operator may establish and implement standing arrangements between the 
vessel, its suppliers, and a facility regarding notification and the 
timing of deliveries and their documentation.
    (b) Maritime Security (MARSEC) Level 1. At MARSEC Level 1, the 
vessel owner or operator must ensure the implementation of measures to:
    (1) Check vessel stores before being accepted;
    (2) Check that vessel stores and bunkers match the order prior to 
being brought on board or being bunkered; and
    (3) Ensure that vessel stores are controlled or immediately and 
securely stowed following delivery.
    (c) MARSEC Level 2. In addition to the security measures required 
for MARSEC Level 1 in this section, at MARSEC Level 2, the vessel owner 
or operator must also ensure the implementation of additional security 
measures, as specified for MARSEC Level 2 in the approved Vessel 
Security Plan (VSP). These additional security measures may include:

[[Page 381]]

    (1) Intensifying inspection of the vessel stores during delivery; or
    (2) Checking vessel stores prior to receiving them on board.
    (d) MARSEC Level 3. In addition to the security measures for MARSEC 
Level 1 and MARSEC Level 2, at MARSEC Level 3, the vessel owner or 
operator must ensure the implementation of additional security measures, 
as specified for MARSEC Level 3 in the approved VSP. These additional 
security measures may include:
    (1) Checking all vessel stores more extensively;
    (2) Restricting or suspending delivery of vessel stores and bunkers; 
or
    (3) Refusing to accept vessel stores on board.



Sec.  104.285  Security measures for monitoring.

    (a) General. (1) The vessel owner or operator must ensure the 
implementation of security measures and have the capability to 
continuously monitor, through a combination of lighting, watchkeepers, 
security guards, deck watches, waterborne patrols, automatic intrusion-
detection devices, or surveillance equipment, as specified in their 
approved Vessel Security Plan (VSP), the--
    (i) Vessel;
    (ii) Restricted areas on board the vessel; and
    (iii) Area surrounding the vessel.
    (2) The following must be considered when establishing the 
appropriate level and location of lighting:
    (i) Vessel personnel should be able to detect activities on and 
around the vessel, on both the shore side and the waterside;
    (ii) Coverage should facilitate personnel identification at access 
points;
    (iii) Coverage may be provided through coordination with the port or 
facility; and
    (iv) Lighting effects, such as glare, and its impact on safety, 
navigation, and other security activities.
    (b) Maritime Security (MARSEC) Level 1. At MARSEC Level 1, the 
vessel owner or operator must ensure the implementation of security 
measures, which may be done in coordination with a facility, to:
    (1) Monitor the vessel, particularly vessel access points and 
restricted areas;
    (2) Be able to conduct emergency searches of the vessel;
    (3) Ensure that equipment or system failures or malfunctions are 
identified and corrected;
    (4) Ensure that any automatic intrusion detection device sets off an 
audible or visual alarm, or both, at a location that is continuously 
attended or monitored;
    (5) Light deck and vessel access points during the period between 
sunset and sunrise and periods of limited visibility sufficiently to 
allow visual identification of persons seeking access to the vessel; and
    (6) Use maximum available lighting while underway, during the period 
between sunset and sunrise, consistent with safety and international 
regulations.
    (c) MARSEC Level 2. In addition to the security measures required 
for MARSEC Level 1 in this section, at MARSEC Level 2, the vessel owner 
or operator must also ensure the implementation of additional security 
measures, as specified for MARSEC Level 2 in the approved VSP. These 
additional security measures may include:
    (1) Increasing the frequency and detail of security patrols;
    (2) Increasing the coverage and intensity of lighting, alone or in 
coordination with the facility;
    (3) Using or increasing the use of security and surveillance 
equipment;
    (4) Assigning additional personnel as security lookouts;
    (5) Coordinating with boat patrols, when provided; and
    (6) Coordinating with shoreside foot or vehicle patrols, when 
provided.
    (d) MARSEC Level 3. In addition to the security measures for MARSEC 
Level 1 and MARSEC Level 2, at MARSEC Level 3, the vessel owner or 
operator must ensure the implementation of additional security measures, 
as specified for MARSEC Level 3 in the approved VSP. These additional 
security measures may include:
    (1) Cooperating with responders and facilities;
    (2) Switching on all lights;

[[Page 382]]

    (3) Illuminating the vicinity of the vessel;
    (4) Switching on all surveillance equipment capable of recording 
activities on, or in the vicinity of, the vessel;
    (5) Maximizing the length of time such surveillance equipment can 
continue to record;
    (6) Preparing for underwater inspection of the hull; and
    (7) Initiating measures, including the slow revolution of the 
vessel's propellers, if practicable, to deter underwater access to the 
hull of the vessel.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60514, 
Oct. 22, 2003]



Sec.  104.290  Security incident procedures.

    For each Maritime Security (MARSEC) Level, the vessel owner or 
operator must ensure the Vessel Security Officer (VSO) and vessel 
security personnel are able to:
    (a) Respond to security threats or breaches of security and maintain 
critical vessel and vessel-to-facility interface operations, to include:
    (1) Prohibiting entry into affected area;
    (2) Denying access to the vessel, except to those responding to the 
emergency;
    (3) Implementing MARSEC Level 3 security measures throughout the 
vessel;
    (4) Stopping cargo-handling operations; and
    (5) Notifying shoreside authorities or other vessels of the 
emergency;
    (b) Evacuating the vessel in case of security threats or breaches of 
security;
    (c) Reporting security incidents as required in Sec.  101.305;
    (d) Briefing all vessel personnel on possible threats and the need 
for vigilance, soliciting their assistance in reporting suspicious 
persons, objects, or activities; and
    (e) Securing non-critical operations in order to focus response on 
critical operations.



Sec.  104.292  Additional requirements--passenger vessels and ferries.

    (a) At all Maritime Security (MARSEC) Levels, the vessel owner or 
operator must ensure security sweeps are performed, prior to getting 
underway, after any period the vessel was unattended.
    (b) As an alternative to the identification checks and passenger 
screening requirements in Sec.  104.265 (f)(2), (f)(4), and (f)(9), the 
owner or operator of a passenger vessel or ferry may ensure security 
measures are implemented that include:
    (1) Searching selected areas prior to embarking passengers and prior 
to sailing; and
    (2) Implementing one or more of the following:
    (i) Performing routine security patrols;
    (ii) Providing additional closed-circuit television to monitor 
passenger areas; or
    (iii) Securing all non-passenger areas.
    (c) Passenger vessels certificated to carry more than 2000 
passengers, working in coordination with the terminal, may be subject to 
additional vehicle screening requirements in accordance with a MARSEC 
Directive or other orders issued by the Coast Guard.
    (d) Owners and operators of passenger vessels and ferries covered by 
this part that use public access facilities, as that term is defined in 
Sec.  101.105 of this subchapter, must address security measures for the 
interface of the vessel and the public access facility, in accordance 
with the appropriate Area Maritime Security Plan.
    (e) At MARSEC Level 2, a vessel owner or operator must ensure, in 
addition to MARSEC Level 1 measures, the implementation of the 
following:
    (1) Search selected areas prior to embarking passengers and prior to 
sailing;
    (2) Passenger vessels certificated to carry less than 2000 
passengers, working in coordination with the terminal, may be subject to 
additional vehicle screening requirements in accordance with a MARSEC 
Directive or other orders issued by the Coast Guard; and
    (3) As an alternative to the identification and screening 
requirements in Sec.  104.265(f)(4) and (g)(1), intensify patrols, 
security sweeps and monitoring identified in paragraph (b) of this 
section.
    (f) At MARSEC Level 3, a vessel owner or operator may, in addition 
to MARSEC Levels 1 and 2 measures, as

[[Page 383]]

an alternative to the identification checks and passenger screening 
requirements in Sec.  104.265(f)(4) and (h)(1), ensure that random armed 
security patrols are conducted, which need not consist of vessel 
personnel.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60514, 
Oct. 22, 2003; USCG-2008-0179, 73 FR 35009, June 19, 2008]

    Effective Date Note: By USCG-2007-28915, 81 FR 57711, Aug. 23, 2016, 
Sec.  104.292 was amended by: a. in paragraph (b) introductory text, 
removing the words ``Sec.  104.265(f)(2), (f)(4), and (f)(9)'' and 
adding, in their place, the words ``Sec.  104.265(d)(2), (d)(4), and 
(d)(9)'', and removing the symbol ``:'' and adding, in its place, the 
symbol ``--''; b. in paragraph (e)(3), removing the words ``Sec.  
104.265(f)(4) and (g)(1)'' and adding, in their place, the words ``Sec.  
104.265(d)(4) and (e)(1)''; and c. in paragraph (f), removing the words 
``Sec.  104.265(f)(4) and (h)(1)'', and adding, in their place, the 
words ``Sec.  104.265(d)(4) and (f)(1)'', effective Aug. 23, 2018.



Sec.  104.295  Additional requirements--cruise ships.

    (a) At all MARSEC Levels, the owner or operator of a cruise ship 
must ensure the following:
    (1) Screen all persons, baggage, and personal effects for dangerous 
substances and devices;
    (2) Check the identification of all persons seeking to board the 
vessel; this check includes confirming the reason for boarding by 
examining joining instructions, passenger tickets, boarding passes, 
government identification or visitor badges, or work orders;
    (3) Perform security patrols; and
    (4) Search selected areas prior to embarking passengers and prior to 
sailing.
    (b) At MARSEC Level 3, the owner or operator of a cruise ship must 
ensure that security briefs to passengers about the specific threat are 
provided.



Sec.  104.297  Additional requirements--vessels on international voyages.

    (a) An owner or operator of a U.S. flag vessel, which is subject to 
the International Convention for Safety of Life at Sea, 1974, (SOLAS), 
must be in compliance with the applicable requirements of SOLAS Chapter 
XI-1, SOLAS Chapter XI-2 and the ISPS Code, part A (Incorporated by 
reference, see Sec.  101.115 of this subchapter).
    (b) Owners or operators of U.S. flag vessels that are required to 
comply with SOLAS, must ensure an International Ship Security 
Certificate (ISSC) as provided in 46 CFR Sec.  2.01-25 is obtained for 
the vessel. This certificate must be issued by the Coast Guard.
    (c) Owners or operators of vessels that require an ISSC in paragraph 
(b) of this section must request an inspection in writing, at least 30 
days prior to the desired inspection date to the Officer in Charge, 
Marine Inspection for the Marine Inspection Office or Sector Office of 
the port where the vessel will be inspected to verify compliance with 
this part and applicable SOLAS requirements. The inspection must be 
completed and the initial ISSC must be issued on or before July 1, 2004.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60515, 
Oct. 22, 2003; USCG-2006-25556, 72 FR 36328, July 2, 2007]



               Subpart C_Vessel Security Assessment (VSA)



Sec.  104.300  General.

    (a) The Vessel Security Assessment (VSA) is a written document that 
is based on the collection of background information and the completion 
and analysis of an on-scene survey.
    (b) A single VSA may be performed and applied to more than one 
vessel to the extent that they share physical characteristics and 
operations.
    (c) Third parties may be used in any aspect of the VSA if they have 
the appropriate skills and if the Company Security Officer (CSO) reviews 
and accepts their work.
    (d) Those involved in a VSA should be able to draw upon expert 
assistance in the following areas:
    (1) Knowledge of current security threats and patterns;
    (2) Recognition and detection of dangerous substances and devices;
    (3) Recognition of characteristics and behavioral patterns of 
persons who are likely to threaten security;
    (4) Techniques used to circumvent security measures;
    (5) Methods used to cause a security incident;
    (6) Effects of dangerous substances and devices on vessel structures 
and equipment;

[[Page 384]]

    (7) Vessel security requirements;
    (8) Vessel-to-vessel activity and vessel-to-facility interface 
business practices;
    (9) Contingency planning, emergency preparedness and response;
    (10) Physical security requirements;
    (11) Radio and telecommunications systems, including computer 
systems and networks;
    (12) Marine engineering; and
    (13) Vessel and port operations.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60515, 
Oct. 22, 2003]



Sec.  104.305  Vessel Security Assessment (VSA) requirements.

    (a) Background. The vessel owner or operator must ensure that the 
following background information is provided to the person or persons 
who will conduct the on-scene survey and assessment:
    (1) General layout of the vessel, including the location of:
    (i) Each actual or potential point of access to the vessel and its 
function;
    (ii) Spaces that should have restricted access;
    (iii) Essential maintenance equipment;
    (iv) Cargo spaces and storage;
    (v) Storage of unaccompanied baggage; and
    (vi) Vessel stores;
    (2) Threat assessments, including the purpose and methodology of the 
assessment, for the area or areas in which the vessel operates or at 
which passengers embark or disembark;
    (3) The previous VSA, if any;
    (4) Emergency and stand-by equipment available to maintain essential 
services;
    (5) Number of vessel personnel and any existing security duties to 
which they are assigned;
    (6) Existing personnel training requirement practices of the vessel;
    (7) Existing security and safety equipment for the protection of 
personnel, visitors, passengers, and vessels personnel;
    (8) Escape and evacuation routes and assembly stations that have to 
be maintained to ensure the orderly and safe emergency evacuation of the 
vessel;
    (9) Existing agreements with private security companies providing 
waterside or vessel security services; and
    (10) Existing security measures and procedures, including:
    (i) Inspection and control procedures;
    (ii) Identification systems;
    (iii) Surveillance and monitoring equipment;
    (iv) Personnel identification documents;
    (v) Communication systems;
    (vi) Alarms;
    (vii) Lighting;
    (viii) Access control systems; and
    (ix) Other security systems.
    (b) On-scene survey. The vessel owner or operator must ensure that 
an on-scene survey of each vessel is conducted. The on-scene survey is 
to verify or collect information required in paragraph (a) of this 
section. It consists of an actual survey that examines and evaluates 
existing vessel protective measures, procedures, and operations for:
    (1) Ensuring performance of all security duties;
    (2) Controlling access to the vessel, through the use of 
identification systems or otherwise;
    (3) Controlling the embarkation of vessel personnel and other 
persons and their effects, including personal effects and baggage 
whether accompanied or unaccompanied;
    (4) Supervising the handling of cargo and the delivery of vessel 
stores;
    (5) Monitoring restricted areas to ensure that only authorized 
persons have access;
    (6) Monitoring deck areas and areas surrounding the vessel; and
    (7) The ready availability of security communications, information, 
and equipment.
    (c) Analysis and recommendations. In conducting the VSA, the Company 
Security Officer (CSO) must analyze the vessel background information 
and the on-scene survey, and while considering the requirements of this 
part, provide recommendations for the security measures the vessel 
should include in the Vessel Security Plan (VSP). This includes but is 
not limited to the following:
    (1) Restricted areas;

[[Page 385]]

    (2) Response procedures for fire or other emergency conditions;
    (3) Security supervision of vessel personnel, passengers, visitors, 
vendors, repair technicians, dock workers, etc.;
    (4) Frequency and effectiveness of security patrols;
    (5) Access control systems, including identification systems;
    (6) Security communication systems and procedures;
    (7) Security doors, barriers, and lighting;
    (8) Any security and surveillance equipment and systems;
    (9) Possible security threats, including but not limited to:
    (i) Damage to or destruction of the vessel or an interfacing 
facility or vessel by dangerous substances and devices, arson, sabotage, 
or vandalism;
    (ii) Hijacking or seizure of the vessel or of persons on board;
    (iii) Tampering with cargo, essential vessel equipment or systems, 
or vessel stores;
    (iv) Unauthorized access or use, including presence of stowaways;
    (v) Smuggling dangerous substances and devices;
    (vi) Use of the vessel to carry those intending to cause a security 
incident and/or their equipment;
    (vii) Use of the vessel itself as a weapon or as a means to cause 
damage or destruction;
    (viii) Attacks from seaward while at berth or at anchor; and
    (ix) Attacks while at sea; and
    (10) Evaluating the potential of each identified point of access, 
including open weather decks, for use by individuals who might seek to 
breach security, whether or not those individuals legitimately have 
access to the vessel.
    (d) VSA report. (1) The vessel owner or operator must ensure that a 
written VSA report is prepared and included as part of the VSP. The VSA 
report must contain:
    (i) A summary of how the on-scene survey was conducted;
    (ii) Existing security measures, procedures, and operations;
    (iii) A description of each vulnerability found during the 
assessment;
    (iv) A description of security countermeasures that could be used to 
address each vulnerability;
    (v) A list of the key vessel operations that are important to 
protect;
    (vi) The likelihood of possible threats to key vessel operations; 
and
    (vii) A list of identified weaknesses, including human factors, in 
the infrastructure, policies, and procedures of the vessel.
    (2) The VSA report must address the following elements on board or 
within the vessel:
    (i) Physical security;
    (ii) Structural integrity;
    (iii) Personnel protection systems;
    (iv) Procedural policies;
    (v) Radio and telecommunication systems, including computer systems 
and networks; and
    (vi) Other areas that may, if damaged or used illicitly, pose a risk 
to people, property, or operations on board the vessel or within a 
facility.
    (3) The VSA report must list the persons, activities, services, and 
operations that are important to protect, in each of the following 
categories:
    (i) Vessel personnel;
    (ii) Passengers, visitors, vendors, repair technicians, facility 
personnel, etc.;
    (iii) Capacity to maintain safe navigation and emergency response;
    (iv) Cargo, particularly dangerous goods and hazardous substances;
    (v) Vessel stores;
    (vi) Any vessel security communication and surveillance systems; and
    (vii) Any other vessel security systems, if any.
    (4) The VSA report must account for any vulnerabilities in the 
following areas:
    (i) Conflicts between safety and security measures;
    (ii) Conflicts between vessel duties and security assignments;
    (iii) The impact of watch-keeping duties and risk of fatigue on 
vessel personnel alertness and performance;
    (iv) Security training deficiencies; and
    (v) Security equipment and systems, including communication systems.
    (5) The VSA report must discuss and evaluate key vessel measures and 
operations, including:
    (i) Ensuring performance of all security duties;

[[Page 386]]

    (ii) Controlling access to the vessel, through the use of 
identification systems or otherwise;
    (iii) Controlling the embarkation of vessel personnel and other 
persons and their effects (including personal effects and baggage 
whether accompanied or unaccompanied);
    (iv) Supervising the handling of cargo and the delivery of vessel 
stores;
    (v) Monitoring restricted areas to ensure that only authorized 
persons have access;
    (vi) Monitoring deck areas and areas surrounding the vessel; and
    (vii) The ready availability of security communications, 
information, and equipment.
    (e) The VSA must be documented and the VSA report retained by the 
vessel owner or operator with the VSP. The VSA, the VSA report, and VSP 
must be protected from unauthorized access or disclosure.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60515, 
Oct. 22, 2003]



Sec.  104.310  Submission requirements.

    (a) A completed Vessel Security Assessment (VSA) report must be 
submitted with the Vessel Security Plan (VSP) required in Sec.  104.410 
of this part.
    (b) A vessel owner or operator may generate and submit a report that 
contains the VSA for more than one vessel subject to this part, to the 
extent that they share similarities in physical characteristics and 
operations.
    (c) The VSA must be reviewed and revalidated, and the VSA report 
must be updated, each time the VSP is submitted for reapproval or 
revisions.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60515, 
Oct. 22, 2003]



                  Subpart D_Vessel Security Plan (VSP)



Sec.  104.400  General.

    (a) The Company Security Officer (CSO) must ensure a Vessel Security 
Plan (VSP) is developed and implemented for each vessel. The VSP:
    (1) Must identify the CSO and VSO by name or position and provide 
24-hour contact information;
    (2) Must be written in English, although a translation of the VSP in 
the working language of vessel personnel may also be developed;
    (3) Must address each vulnerability identified in the Vessel 
Security Assessment (VSA);
    (4) Must describe security measures for each MARSEC Level;
    (5) Must state the Master's authority as described in Sec.  104.205; 
and
    (6) May cover more than one vessel to the extent that they share 
similarities in physical characteristics and operations, if authorized 
and approved by the Commanding Officer, Marine Safety Center.
    (b) The VSP must be submitted to the Commanding Officer, Marine 
Safety Center, U.S. Coast Guard, 4200 Wilson Boulevard Suite 400, 
Arlington, VA 22203 for visitors. Send all mail to: Commanding Officer 
(MSC), Attn: Marine Safety Center, U.S. Coast Guard Stop 7410, 4200 
Wilson Boulevard Suite 400, Arlington, VA 20598-7410, in a written or 
electronic format. Information for submitting the VSP electronically can 
be found at http://www.uscg.mil/HQ/MSC. Owners or operators of foreign 
flag vessels that are subject to SOLAS Chapter XI-1 or Chapter XI-2 must 
comply with this part by carrying on board a valid International Ship 
Security Certificate that certifies that the verifications required by 
Section 19.1 of part A of the ISPS Code (Incorporated by reference, see 
Sec.  101.115 of this subchapter) have been completed. As stated in 
Section 9.4 of the ISPS Code, part A requires that, in order for the 
ISSC to be issued, the provisions of part B of the ISPS Code need to be 
taken into account.
    (c) The VSP is sensitive security information and must be protected 
in accordance with 49 CFR part 1520.
    (d) If the VSP is kept in an electronic format, procedures must be 
in place to prevent its unauthorized deletion, destruction, or 
amendment.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60515, 
Oct. 22, 2003; USCG-2004-18057, 69 FR 34925, June 23, 2004; USCG-2007-
26953, 72 FR 5931, Feb. 8, 2007; USCG-2010-0351, 75 FR 36282, June 25, 
2010; USCG-2014-0410, 79 FR 38432, July 7, 2014]

[[Page 387]]



Sec.  104.405  Format of the Vessel Security Plan (VSP).

    (a) A vessel owner or operator must ensure that the VSP consists of 
the individual sections listed in this paragraph (a). If the VSP does 
not follow the order as it appears in the list, the vessel owner or 
operator must ensure that the VSP contains an index identifying the 
location of each of the following sections:
    (1) Security organization of the vessel;
    (2) Personnel training;
    (3) Drills and exercises;
    (4) Records and documentation;
    (5) Response to change in MARSEC Level;
    (6) Procedures for interfacing with facilities and other vessels;
    (7) Declarations of Security (DoS);
    (8) Communications;
    (9) Security systems and equipment maintenance;
    (10) Security measures for access control, including designated 
passenger access areas and employee access areas;
    (11) Security measures for restricted areas;
    (12) Security measures for handling cargo;
    (13) Security measures for delivery of vessel stores and bunkers;
    (14) Security measures for monitoring;
    (15) Security incident procedures;
    (16) Audits and Vessel Security Plan (VSP) amendments; and
    (17) Vessel Security Assessment (VSA) Report.
    (b) The VSP must describe in detail how the requirements of subpart 
B of this part will be met. VSPs that have been approved by the Coast 
Guard prior to March 26, 2007, do not need to be amended to describe 
their TWIC procedures until the next regularly scheduled resubmission of 
the VSP.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended by USCG-2006-
24196, 72 FR 3582, Jan. 25, 2007]

    Effective Date Note: By USCG-2007-28915, 81 FR 57711, Aug. 23, 2016, 
Sec.  104.405 was amended by revising paragraph (a)(10) and removing the 
last sentence in paragraph (b), effective Aug. 23, 2018. For the 
convenience of the user, the revised text is set forth as follows:



Sec.  104.405  Format of the Vessel Security Plan (VSP).

    (a) * * *
    (10) Security measures for access control, including the vessel's 
TWIC Program, designated passenger access areas and employee access 
areas;

                                * * * * *



Sec.  104.410  Submission and approval.

    (a) In accordance with Sec.  104.115, on or before December 31, 
2003, each vessel owner or operator must either:
    (1) Submit one copy of their Vessel Security Plan (VSP), in English, 
for review and approval to the Commanding Officer, Marine Safety Center 
(MSC) and a letter certifying that the VSP meets applicable requirements 
of this part; or
    (2) If intending to operate under an Approved Alternative Security 
Program, a letter signed by the vessel owner or operator stating which 
approved Alternative Security Program the owner or operator intends to 
use.
    (b) Owners or operators of vessels not in service on or before 
December 31, 2003, must comply with the requirements in paragraph (a) of 
this section 60 days prior to beginning operations or by December 31, 
2003, whichever is later.
    (c) The Commanding Officer, Marine Safety Center (MSC), will examine 
each submission for compliance with this part, and either:
    (1) Approve it and specify any conditions of approval, returning to 
the submitter a letter stating its acceptance and any conditions;
    (2) Return it for revision, returning a copy to the submitter with 
brief descriptions of the required revisions; or
    (3) Disapprove it, returning a copy to the submitter with a brief 
statement of the reasons for disapproval.
    (d) A VSP may be submitted and approved to cover more than one 
vessel where the vessel design and operations are similar.
    (e) Each company or vessel, owner or operator, that submits one VSP 
to cover two or more vessels of similar design and operation must 
address vessel-specific information that includes the physical and 
operational characteristics of each vessel.

[[Page 388]]

    (f) A plan that is approved by the MSC is valid for 5 years from the 
date of its approval.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60515, 
Oct. 22, 2003; USCG-2004-19963, 70 FR 74669, Dec. 16, 2005; USCG-2013-
0397, 78 FR 39173, July 1, 2013]

    Effective Date Note: By USCG-2007-28915, 81 FR 57711, Aug. 23, 2016, 
Sec.  104.410 was amended by: a. in paragraph (a) introductory text, 
removing the words ``on or before December 31, 2003,'', and removing the 
symbol ``:'' and adding, in its place, the symbol ``--''; b. in 
paragraph (b), removing the words ``or by December 31, 2003, whichever 
is later''; and c. in paragraph (c) introductory text, removing the 
symbol ``:'' and adding, in its place, the symbol ``--'', effective Aug. 
23, 2018.



Sec.  104.415  Amendment and audit.

    (a) Amendments. (1) Amendments to a Vessel Security Plan that are 
approved by the Marine Safety Center (MSC) may be initiated by:
    (i) The vessel owner or operator; or
    (ii) The Coast Guard upon a determination that an amendment is 
needed to maintain the vessel's security. The Coast Guard will give the 
vessel owner or operator written notice and request that the vessel 
owner or operator propose amendments addressing any matters specified in 
the notice. The company owner or operator will have at least 60 days to 
submit its proposed amendments. Until amendments are approved, the 
company owner or operator shall ensure temporary security measures are 
implemented to the satisfaction of the Coast Guard.
    (2) Proposed amendments must be sent to the MSC at the address shown 
in Sec.  104.400(b) of this part. If initiated by the company or vessel, 
owner or operator, the proposed amendment must be submitted at least 30 
days before the amendment is to take effect unless the MSC allows a 
shorter period. The MSC will approve or disapprove the proposed 
amendment in accordance with Sec.  104.410 of this part.
    (3) Nothing in this section should be construed as limiting the 
vessel owner or operator from the timely implementation of such 
additional security measures not enumerated in the approved VSP as 
necessary to address exigent security situations. In such cases, the 
owner or operator must notify the MSC by the most rapid means 
practicable as to the nature of the additional measures, the 
circumstances that prompted these additional measures, and the period of 
time these additional measures are expected to be in place.
    (4) If the owner or operator has changed, the Vessel Security 
Officer (VSO) must amend the Vessel Security Plan (VSP) to include the 
name and contact information of the new vessel owner or operator and 
submit the affected portion of the VSP for review and approval in 
accordance with Sec.  104.410 of this part.
    (b) Audits. (1) The CSO or VSO must ensure an audit of the VSP is 
performed annually, beginning no later than one year from the initial 
date of approval and attach a letter to the VSP certifying that the VSP 
meets the applicable requirements of this part.
    (2) The VSP must be audited if there is a change in the company's or 
vessel's ownership or operator, or if there have been modifications to 
the vessel, including but not limited to physical structure, emergency 
response procedures, security measures, or operations.
    (3) Auditing the VSP as a result of modifications to the vessel may 
be limited to those sections of the VSP affected by the vessel 
modifications.
    (4) Unless impracticable due to the size and nature of the company 
or the vessel, personnel conducting internal audits of the security 
measures specified in the VSP or evaluating its implementation must:
    (i) Have knowledge of methods of conducting audits and inspections, 
and control and monitoring techniques;
    (ii) Not have regularly assigned security duties; and
    (iii) Be independent of any security measures being audited.
    (5) If the results of an audit require amendment of either the VSA 
or VSP, the VSO or CSO must submit, in accordance with Sec.  104.410 of 
this part, the amendments to the MSC for review and approval no later 
than 30 days after completion of the audit and a letter certifying that 
the amended VSP

[[Page 389]]

meets the applicable requirements of this part.

[USCG-2003-14749, 68 FR 39302, July 1, 2003; 68 FR 41915, July 16, 2003, 
as amended at 68 FR 60515, Oct. 22, 2003]



PART 105_MARITIME SECURITY: FACILITIES--Table of Contents



                            Subpart A_General

Sec.
105.100 Definitions.
105.105 Applicability.
105.106 Public access areas.
105.110 Exemptions.
105.115 Compliance dates.
105.120 Compliance documentation.
105.125 Noncompliance.
105.130 Waivers.
105.135 Equivalents.
105.140 Alternative Security Program.
105.145 Maritime Security (MARSEC) Directive.
105.150 Right to appeal.

                Subpart B_Facility Security Requirements

105.200 Owner or operator.
105.205 Facility Security Officer (FSO).
105.210 Facility personnel with security duties.
105.215 Security training for all other facility personnel.
105.220 Drill and exercise requirements.
105.225 Facility recordkeeping requirements.
105.230 Maritime Security (MARSEC) Level coordination and 
          implementation.
105.235 Communications.
105.240 Procedures for interfacing with vessels.
105.245 Declaration of Security (DoS).
105.250 Security systems and equipment maintenance.
105.253 Risk Group classifications for facilities.
105.255 Security measures for access control.
105.257 Security measures for newly-hired employees.
105.260 Security measures for restricted areas.
105.265 Security measures for handling cargo.
105.270 Security measures for delivery of vessel stores and bunkers.
105.275 Security measures for monitoring.
105.280 Security incident procedures.
105.285 Additional requirements--passenger and ferry facilities.
105.290 Additional requirements--cruise ship terminals.
105.295 Additional requirements--Certain Dangerous Cargo (CDC) 
          facilities.
105.296 Additional requirements--barge fleeting facilities.

              Subpart C_Facility Security Assessment (FSA)

105.300 General.
105.305 Facility Security Assessment (FSA) requirements.
105.310 Submission requirements.

                 Subpart D_Facility Security Plan (FSP)

105.400 General.
105.405 Format and content of the Facility Security Plan (FSP).
105.410 Submission and approval.
105.415 Amendment and audit.

Appendix A to Part 105--Facility Vulnerability and Security Measure 
          Summary (CG-6025).

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 70103; 50 U.S.C. 191; 33 
CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; Department of Homeland 
Security Delegation No. 0170.1.

    Source: USCG-2003-14732, 68 FR 39322, July 1, 2003, unless otherwise 
noted.



                            Subpart A_General



Sec.  105.100  Definitions.

    Except as specifically stated in this subpart, the definitions in 
part 101 of this subchapter apply to this part.



Sec.  105.105  Applicability.

    (a) The requirements in this part apply to the owner or operator of 
any U.S.:
    (1) Facility subject to 33 CFR parts 126, 127, or 154;
    (2) Facility that receives vessels certificated to carry more than 
150 passengers, except those vessels not carrying and not embarking or 
disembarking passengers at the facility;
    (3) Facility that receives vessels subject to the International 
Convention for Safety of Life at Sea, 1974, chapter XI;
    (4) Facility that receives foreign cargo vessels greater than 100 
gross register tons;
    (5) Facility that receives U.S. cargo vessels, greater than 100 
gross register tons, subject to 46 CFR chapter I, subchapter I, except 
for those facilities that receive only commercial fishing vessels 
inspected under 46 CFR part 105; or

[[Page 390]]

    (6) Barge fleeting facility that receives barges carrying, in bulk, 
cargoes regulated by 46 CFR chapter I, subchapters D or O, or Certain 
Dangerous Cargoes.
    (b) An owner or operator of any facility not covered in paragraph 
(a) of this section is subject to parts 101 through 103 of this 
subchapter.
    (c) This part does not apply to the owner or operator of the 
following U.S. facilities:
    (1) A facility owned or operated by the U.S. that is used primarily 
for military purposes.
    (2) An oil and natural gas production, exploration, or development 
facility regulated by 33 CFR parts 126 or 154 if:
    (i) The facility is engaged solely in the exploration, development, 
or production of oil and natural gas; and
    (ii) The facility does not meet or exceed the operating conditions 
in Sec.  106.105 of this subchapter;
    (3) A facility that supports the production, exploration, or 
development of oil and natural gas regulated by 33 CFR parts 126 or 154 
if:
    (i) The facility is engaged solely in the support of exploration, 
development, or production of oil and natural gas and transports or 
stores quantities of hazardous materials that do not meet or exceed 
those specified in 49 CFR 172.800(b)(1) through (b)(6); or
    (ii) The facility stores less than 42,000 gallons of cargo regulated 
by 33 CFR part 154;
    (4) A mobile facility regulated by 33 CFR part 154; or
    (5) An isolated facility that receives materials regulated by 33 CFR 
parts 126 or 154 by vessel due to the lack of road access to the 
facility and does not distribute the material through secondary marine 
transfers.
    (d) The TWIC requirements found in this part do not apply to 
mariners employed aboard vessels moored at U.S. facilities only when 
they are working immediately adjacent to their vessels in the conduct of 
vessel activities.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60541, 
Oct. 22, 2003; USCG-2006-24196, 72 FR 55048, Sept. 28, 2007]



Sec.  105.106  Public access areas.

    (a) A facility serving ferries or passenger vessels certificated to 
carry more than 150 passengers, other than cruise ships, may designate 
an area within the facility as a public access area.
    (b) A public access area is a defined space within a facility that 
is open to all persons and provides pedestrian access through the 
facility from public thoroughfares to the vessel.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60540, 
Oct. 22, 2003]



Sec.  105.110  Exemptions.

    (a) An owner or operator of any barge fleeting facility subject to 
this part is exempt from complying with Sec.  105.265, Security measures 
for handling cargo; and Sec.  105.270, Security measures for delivery of 
vessel stores and bunkers.
    (b) A public access area designated under Sec.  105.106 is exempt 
from the requirements for screening of persons, baggage, and personal 
effects and identification of persons in Sec.  105.255(c), (e)(1), 
(e)(3), (f)(1), and (g)(1) and Sec.  105.285(a)(1).
    (c) An owner or operator of any general shipyard facility as defined 
in Sec.  101.105 is exempt from the requirements of this part unless the 
facility:
    (1) Is subject to parts 126, 127, or 154 of this chapter; or
    (2) Provides any other service to vessels subject to part 104 of 
this subchapter not related to construction, repair, rehabilitation, 
refurbishment, or rebuilding.
    (d) Public access facility. (1) The COTP may exempt a public access 
facility from the requirements of this part, including establishing 
conditions for which such an exemption is granted, to ensure that 
adequate security is maintained.
    (2) The owner or operator of any public access facility exempted 
under this section must:
    (i) Comply with any COTP conditions for the exemption; and
    (ii) Ensure that the cognizant COTP has the appropriate information 
for contacting the individual with security responsibilities for the 
public access facility at all times.
    (3) The cognizant COTP may withdraw the exemption for a public 
access facility at any time the owner or operator fails to comply with 
any requirement of the COTP as a condition of the

[[Page 391]]

exemption or any measure ordered by the COTP pursuant to existing COTP 
authority.
    (e) An owner or operator of a facility is not subject to this part 
if the facility receives only vessels to be laid-up, dismantled, or 
otherwise placed out of commission provided that the vessels are not 
carrying and do not receive cargo or passengers at that facility.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60540, 
Oct. 22, 2003]

    Effective Date Note: By USCG-2007-28915, 81 FR 57711, Aug. 23, 2016, 
Sec.  105.110 was revised, effective Aug. 23, 2018. For the convenience 
of the user, the revised text is set forth as follows:



Sec.  105.110  Exemptions.

    (a) A public access area designated under Sec.  105.106 is exempt 
from the requirements for screening of persons, baggage, and personal 
effects and identification of persons in subpart E of part 101 of this 
subchapter, as applicable, in Sec. Sec.  105.255 and Sec.  
105.285(a)(1).
    (b) An owner or operator of any general shipyard facility as defined 
in Sec.  101.105 of this subchapter is exempt from the requirements of 
this part unless the facility--
    (1) Is subject to parts 126, 127, or 154 of this chapter; or
    (2) Provides any other service to vessels subject to part 104 of 
this subchapter not related to construction, repair, rehabilitation, 
refurbishment, or rebuilding.
    (c) Public access facility. (1) The COTP may exempt a public access 
facility from the requirements of this part, including establishing 
conditions for which such an exemption is granted, to ensure that 
adequate security is maintained.
    (2) The owner or operator of any public access facility exempted 
under this section must--
    (i) Comply with any COTP conditions for the exemption; and
    (ii) Ensure that the cognizant COTP has the appropriate information 
for contacting the individual with security responsibilities for the 
public access facility at all times.
    (3) The cognizant COTP may withdraw the exemption for a public 
access facility at any time the owner or operator fails to comply with 
any requirement of the COTP as a condition of the exemption or any 
measure ordered by the COTP pursuant to existing COTP authority.
    (d) An owner or operator of a facility is not subject to this part 
if the facility receives only vessels to be laid-up, dismantled, or 
otherwise placed out of commission provided that the vessels are not 
carrying and do not receive cargo or passengers at that facility.
    (e) Barge fleeting facilities without shore side access are exempt 
from the requirements in 33 CFR 101.535(b)(1).



Sec.  105.115  Compliance dates.

    (a) On or before December 31, 2003, facility owners or operators 
must submit to the cognizant COTP for each facility--
    (1) The Facility Security Plan described in subpart D of this part 
for review and approval; or
    (2) If intending to operate under an approved Alternative Security 
Program, a letter signed by the facility owner or operator stating which 
approved Alternative Security Program the owner or operator intends to 
use.
    (b) On or before July 1, 2004, each facility owner or operator must 
be operating in compliance with this part.
    (c) Facility owners or operators wishing to designate only those 
portions of their facility that are directly connected to maritime 
transportation or are at risk of being involved in a transportation 
security incident as their secure area(s) must do so by submitting an 
amendment to their Facility Security Plan to their cognizant COTP, in 
accordance with Sec.  105.415 of this part, by September 4, 2007.
    (d) Persons required to obtain a TWIC under this part may enroll 
beginning after the date set by the Coast Guard in a Notice to be 
published in the Federal Register. This notice will be directed to all 
facilities and vessels within a specific COTP zone.
    (e) Facility owners or operators must be operating in accordance 
with the TWIC provisions in this part by the date set by the Coast Guard 
in a Notice to be published in the Federal Register. This Notice will be 
published at least 90 days before compliance must begin, and will be 
directed to all facilities within a specific Captain of the Port zone, 
based on whether enrollment has been completed in that zone. Unless an 
earlier compliance date is specified in this manner, all facility

[[Page 392]]

owner or operators will need to implement their TWIC provisions no later 
than April 15, 2009.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60540, 
Oct. 22, 2003; USCG-2004-19963, 70 FR 74669, Dec. 16, 2005; USCG-2006-
24196, 72 FR 3582, Jan. 25, 2007; 72 FR 38486, July 13, 2007; 73 FR 
25565, May 7, 2008]

    Effective Date Note: By USCG-2007-28915, 81 FR 57712, Aug. 23, 2016, 
Sec.  105.115 was revised, effective Aug. 23, 2018. For the convenience 
of the user, the revised text is set forth as follows:



Sec.  105.115  Compliance dates.

    (a) Facility owners or operators must submit to the cognizant 
Captain of the Port (COTP) for each facility--
    (1) The Facility Security Plan (FSP) described in subpart D of this 
part for review and approval; or
    (2) If intending to operate under an approved Alternative Security 
Program, a letter signed by the facility owner or operator stating which 
approved Alternative Security Program the owner or operator intends to 
use.
    (b) Facility owners or operators wishing to designate only those 
portions of their facility that are directly connected to maritime 
transportation or are at risk of being involved in a transportation 
security incident as their secure area(s) must do so by submitting an 
amendment to their FSP to their cognizant COTP, in accordance with Sec.  
105.415.
    (c) By August 23, 2018, owners and operators of facilities subject 
to this part must amend their FSPs to indicate how they will implement 
the TWIC requirements in this subchapter. By August 23, 2018, owners and 
operators of facilities subject to this part must be operating in 
accordance with the TWIC provisions found within this subchapter.



Sec.  105.120  Compliance documentation.

    Each facility owner or operator subject to this part must ensure, on 
or before July 1, 2004, that copies of the following documentation are 
available at the facility and are made available to the Coast Guard upon 
request:
    (a) The approved Facility Security Plan (FSP), as well as any 
approved revisions or amendments thereto, and a letter of approval from 
the COTP dated within the last 5 years;
    (b) The FSP submitted for approval and an acknowledgement letter 
from the COTP stating that the Coast Guard is currently reviewing the 
FSP submitted for approval, and that the facility may continue to 
operate so long as the facility remains in compliance with the submitted 
FSP; or
    (c) For facilities operating under a Coast Guard-approved 
Alternative Security Program as provided in Sec.  105.140, a copy of the 
Alternative Security Program the facility is using, including a facility 
specific security assessment report generated under the Alternative 
Security Program, as specified in Sec.  101.120(b)(3) of this 
subchapter, and a letter signed by the facility owner or operator, 
stating which Alternative Security Program the facility is using and 
certifying that the facility is in full compliance with that program.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60541, 
Oct. 22, 2003]

    Effective Date Note: By USCG-2007-28915, 81 FR 57712, Aug. 23, 2016, 
Sec.  105.120 was amended in the introductory text by removing the words 
``, on or before July 1, 2004,'', effective Aug. 23, 2018.



Sec.  105.125  Noncompliance.

    When a facility must temporarily deviate from the requirements of 
this part, the facility owner or operator must notify the cognizant 
COTP, and either suspend operations or request and receive permission 
from the COTP to continue operating.

[USCG-2003-14732, 68 FR 60541, Oct. 22, 2003]



Sec.  105.130  Waivers.

    Any facility owner or operator may apply for a waiver of any 
requirement of this part that the facility owner or operator considers 
unnecessary in light of the nature or operating conditions of the 
facility, prior to operating. A request for a waiver must be submitted 
in writing with justification to the Commandant (CG-5P), Attn: Assistant 
Commandant for Prevention Policy, U.S. Coast Guard Stop 7501, 2703 
Martin Luther King Jr. Avenue SE., Washington, DC 20593-7501. The 
Commandant (CG-5P) may require the facility owner or operator to provide 
data for use in determining the validity of the requested waiver. The 
Commandant (CG-5P) may grant, in writing, a waiver with or without 
conditions only if the waiver will not reduce

[[Page 393]]

the overall security of the facility, its employees, visiting vessels, 
or ports.

[USCG-2003-14732, 68 FR 39322, July 1, 2003; 68 FR 41916, July 16, 2003; 
USCG-2008-0179, 73 FR 35009, June 19, 2008; USCG-2010-0351, 75 FR 36282, 
June 25, 2010; USCG-2013-0397, 78 FR 39173, July 1, 2013; USCG-2014-
0410, 79 FR 38432, July 7, 2014]



Sec.  105.135  Equivalents.

    For any measure required by this part, the facility owner or 
operator may propose an equivalent as provided in Sec.  101.130 of this 
subchapter.



Sec.  105.140  Alternative Security Program.

    (a) A facility owner or operator may use an Alternative Security 
Program approved under Sec.  101.120 of this subchapter if:
    (1) The Alternative Security Program is appropriate to that 
facility;
    (2) The Alternative Security Program is implemented in its entirety.
    (b) A facility owner or operator using an Alternative Security 
Program approved under Sec.  101.120 of this subchapter must complete 
and submit to the cognizant COTP a Facility Vulnerability and Security 
Measures Summary (Form CG-6025) in Appendix A to Part 105--Facility 
Vulnerability and Security (CG-6025).



Sec.  105.145  Maritime Security (MARSEC) Directive.

    Each facility owner or operator subject to this part must comply 
with any instructions contained in a MARSEC Directive issued under Sec.  
101.405 of this subchapter.



Sec.  105.150  Right to appeal.

    Any person directly affected by a decision or action taken under 
this part, by or on behalf of the Coast Guard, may appeal as described 
in Sec.  101.420 of this subchapter.



                Subpart B_Facility Security Requirements



Sec.  105.200  Owner or operator.

    (a) Each facility owner or operator must ensure that the facility 
operates in compliance with the requirements of this part.
    (b) For each facility, the facility owner or operator must:
    (1) Define the security organizational structure and provide each 
person exercising security duties and responsibilities within that 
structure the support needed to fulfill those obligations;
    (2) Designate, in writing, by name or by title, a Facility Security 
Officer (FSO) and identify how the officer can be contacted at any time;
    (3) Ensure that a Facility Security Assessment (FSA) is conducted;
    (4) Ensure the development and submission for approval of an FSP;
    (5) Ensure that the facility operates in compliance with the 
approved FSP;
    (6) Ensure that the TWIC program is properly implemented as set 
forth in this part, including:
    (i) Ensuring that only individuals who hold a TWIC and are 
authorized to be in the secure area in accordance with the FSP are 
permitted to escort;
    (ii) Identifying what action is to be taken by an escort, or other 
authorized individual, should individuals under escort engage in 
activities other than those for which escorted access was granted; and
    (iii) Notifying facility employees, and passengers if applicable, of 
what parts of the facility are secure areas and public access areas, as 
applicable, and ensuring such areas are clearly marked.
    (7) Ensure that restricted areas are controlled and TWIC provisions 
are coordinated, if applied to such restricted areas;
    (8) Ensure that adequate coordination of security issues takes place 
between the facility and vessels that call on it, including the 
execution of a Declaration of Security (DoS) as required by this part;
    (9) Ensure coordination of shore leave for vessel personnel or crew 
change-out, as well as access through the facility for visitors to the 
vessel (including representatives of seafarers' welfare and labor 
organizations), with vessel operators in advance of a vessel's arrival. 
In coordinating such leave, facility owners or operators may refer to 
treaties of friendship, commerce, and navigation between the U.S. and 
other nations;

[[Page 394]]

    (10) Ensure, within 12 hours of notification of an increase in 
MARSEC Level, implementation of the additional security measures 
required for the new MARSEC Level;
    (11) Ensure security for unattended vessels moored at the facility;
    (12) Ensure the report of all breaches of security and 
transportation security incidents to the National Response Center in 
accordance with part 101 of this chapter;
    (13) Ensure consistency between security requirements and safety 
requirements;
    (14) Inform facility personnel of their responsibility to apply for 
and maintain a TWIC, including the deadlines and methods for such 
applications, and of their obligation to inform TSA of any event that 
would render them ineligible for a TWIC, or which would invalidate their 
existing TWIC;
    (15) Ensure that protocols consistent with section 105.255(c) of 
this part, for dealing with individuals requiring access who report a 
lost, damaged, or stolen TWIC, or who have applied for and not yet 
received a TWIC, are in place; and
    (16) If applicable, ensure that protocols consistent with Sec.  
105.257 of this part, for dealing with newly hired employees who have 
applied for and not yet received a TWIC, are in place.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60541, 
Oct. 22, 2003; USCG-2006-24196, 72 FR 3582, Jan. 25, 2007; USCG-2013-
0397, 78 FR 39173, July 1, 2013]

    Effective Date Note: By USCG-2007-28915, 81 FR 57712, Aug. 23, 2016, 
Sec.  105.200 was amended: a. in paragraph (b) introductory text, by 
removing the symbol ``:'' and adding, in its place, the symbol ``--''; 
b. in paragraph (b)(6), by removing the word ``program'' and adding, in 
its place, the word ``Program'', and removing the word ``part'' and 
adding, in its place, the word ``subchapter'', and removing the symbol 
``:'' and adding, in its place, the symbol ``--''; c. in paragraph 
(b)(15), by removing the words ``section 105.255(c) of this part'' and 
adding, in their place, the words ``Sec.  101.550 of this subchapter''; 
and d. in paragraph (b)(16), removing the words ``of this part'', 
effective Aug. 23, 2018.



Sec.  105.205  Facility Security Officer (FSO).

    (a) General. (1) The FSO may perform other duties within the owner's 
or operator's organization, provided he or she is able to perform the 
duties and responsibilities required of the FSO.
    (2) The same person may serve as the FSO for more than one facility, 
provided the facilities are in the same COTP zone and are not more than 
50 miles apart. If a person serves as the FSO for more than one 
facility, the name of each facility for which he or she is the FSO must 
be listed in the Facility Security Plan (FSP) of each facility for which 
or she is the FSO.
    (3) The FSO may assign security duties to other facility personnel; 
however, the FSO retains the responsibility for these duties.
    (4) The FSO must maintain a TWIC.
    (b) Qualifications. (1) The FSO must have general knowledge, through 
training or equivalent job experience, in the following:
    (i) Security organization of the facility;
    (ii) General vessel and facility operations and conditions;
    (iii) Vessel and facility security measures, including the meaning 
and the requirements of the different MARSEC Levels;
    (iv) Emergency preparedness, response, and contingency planning;
    (v) Security equipment and systems, and their operational 
limitations; and
    (vi) Methods of conducting audits, inspections, control, and 
monitoring techniques.
    (2) In addition to knowledge and training required in paragraph 
(b)(1) of this section, the FSO must have knowledge of and receive 
training in the following, as appropriate:
    (i) Relevant international laws and codes, and recommendations;
    (ii) Relevant government legislation and regulations;
    (iii) Responsibilities and functions of local, State, and Federal 
law enforcement agencies;
    (iv) Security assessment methodology;
    (v) Methods of facility security surveys and inspections;
    (vi) Instruction techniques for security training and education, 
including security measures and procedures;
    (vii) Handling sensitive security information and security related 
communications;

[[Page 395]]

    (viii) Current security threats and patterns;
    (ix) Recognizing and detecting dangerous substances and devices;
    (x) Recognizing characteristics and behavioral patterns of persons 
who are likely to threaten security;
    (xi) Techniques used to circumvent security measures;
    (xii) Conducting physical searches and non-intrusive inspections;
    (xiii) Conducting security drills and exercises, including exercises 
with vessels; and
    (xiv) Assessing security drills and exercises.
    (xv) Knowledge of TWIC requirements.
    (c) Responsibilities. In addition to those responsibilities and 
duties specified elsewhere in this part, the FSO must, for each facility 
for which he or she has been designated:
    (1) Ensure that the Facility Security Assessment (FSA) is conducted;
    (2) Ensure the development and implementation of a FSP;
    (3) Ensure that an annual audit is conducted, and if necessary that 
the FSA and FSP are updated;
    (4) Ensure the FSP is exercised per Sec.  105.220 of this part;
    (5) Ensure that regular security inspections of the facility are 
conducted;
    (6) Ensure the security awareness and vigilance of the facility 
personnel;
    (7) Ensure adequate training to personnel performing facility 
security duties;
    (8) Ensure that occurrences that threaten the security of the 
facility are recorded and reported to the owner or operator;
    (9) Ensure the maintenance of records required by this part;
    (10) Ensure the preparation and the submission of any reports as 
required by this part;
    (11) Ensure the execution of any required Declarations of Security 
with Masters, Vessel Security Officers or their designated 
representatives;
    (12) Ensure the coordination of security services in accordance with 
the approved FSP;
    (13) Ensure that security equipment is properly operated, tested, 
calibrated, and maintained;
    (14) Ensure the recording and reporting of attainment changes in 
MARSEC Levels to the owner or operator and the cognizant COTP;
    (15) When requested, ensure that the Vessel Security Officers 
receive assistance in confirming the identity of visitors and service 
providers seeking to board the vessel through the facility;
    (16) Ensure notification, as soon as possible, to law enforcement 
personnel and other emergency responders to permit a timely response to 
any transportation security incident;
    (17) Ensure that the FSP is submitted to the cognizant COTP for 
approval, as well as any plans to change the facility or facility 
infrastructure prior to amending the FSP; and
    (18) Ensure that all facility personnel are briefed of changes in 
security conditions at the facility.
    (19) Ensure the TWIC program is being properly implemented.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60541, 
Oct. 22, 2003; USCG-2006-24196, 72 FR 3583, Jan. 25, 2007]



Sec.  105.210  Facility personnel with security duties.

    Facility personnel responsible for security duties must maintain a 
TWIC, and must have knowledge, through training or equivalent job 
experience, in the following, as appropriate:
    (a) Knowledge of current security threats and patterns;
    (b) Recognition and detection of dangerous substances and devices;
    (c) Recognition of characteristics and behavioral patterns of 
persons who are likely to threaten security;
    (d) Techniques used to circumvent security measures;
    (e) Crowd management and control techniques;
    (f) Security related communications;
    (g) Knowledge of emergency procedures and contingency plans;
    (h) Operation of security equipment and systems;
    (i) Testing, calibration, and maintenance of security equipment and 
systems;
    (j) Inspection, control, and monitoring techniques;
    (k) Relevant provisions of the Facility Security Plan (FSP);

[[Page 396]]

    (l) Methods of physical screening of persons, personal effects, 
baggage, cargo, and vessel stores; and
    (m) The meaning and the consequential requirements of the different 
MARSEC Levels.
    (n) Familiar with all relevant aspects of the TWIC program and how 
to carry them out.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended by USCG-2006-
24196, 72 FR 3583, Jan. 25, 2007]



Sec.  105.215  Security training for all other facility personnel.

    All other facility personnel, including contractors, whether part-
time, full-time, temporary, or permanent, must have knowledge of, 
through training or equivalent job experience, in the following, as 
appropriate:
    (a) Relevant provisions of the Facility Security Plan (FSP);
    (b) The meaning and the consequential requirements of the different 
MARSEC Levels as they apply to them, including emergency procedures and 
contingency plans;
    (c) Recognition and detection of dangerous substances and devices;
    (d) Recognition of characteristics and behavioral patterns of 
persons who are likely to threaten security; and
    (e) Techniques used to circumvent security measures.
    (f) Familiar with all relevant aspects of the TWIC program and how 
to carry them out.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60541, 
Oct. 22, 2003; USCG-2006-24196, 72 FR 3583, Jan. 25, 2007]



Sec.  105.220  Drill and exercise requirements.

    (a) General. (1) Drills and exercises must test the proficiency of 
facility personnel in assigned security duties at all MARSEC Levels and 
the effective implementation of the Facility Security Plan (FSP). They 
must enable the Facility Security Officer (FSO) to identify any related 
security deficiencies that need to be addressed.
    (2) A drill or exercise required by this section may be satisfied 
with the implementation of security measures required by the FSP as the 
result of an increase in the MARSEC Level, provided the facility reports 
attainment to the cognizant COTP.
    (b) Drills. (1) The FSO must ensure that at least one security drill 
is conducted every 3 months. Security drills may be held in conjunction 
with non-security drills, where appropriate.
    (2) Drills must test individual elements of the FSP, including 
response to security threats and incidents. Drills should take into 
account the types of operations of the facility, facility personnel 
changes, the type of vessel the facility is serving, and other relevant 
circumstances. Examples of drills include unauthorized entry to a 
restricted area, response to alarms, and notification of law enforcement 
authorities.
    (3) If a vessel is moored at the facility on the date the facility 
has planned to conduct any drills, the facility cannot require the 
vessel or vessel personnel to be a part of or participate in the 
facility's scheduled drill.
    (c) Exercises. (1) Exercises must be conducted at least once each 
calendar year, with no more than 18 months between exercises.
    (2) Exercises may be:
    (i) Full scale or live;
    (ii) Tabletop simulation or seminar;
    (iii) Combined with other appropriate exercises; or
    (iv) A combination of the elements in paragraphs (c)(2)(i) through 
(iii) of this section.
    (3) Exercises may be facility-specific or part of a cooperative 
exercise program with applicable facility and vessel security plans or 
comprehensive port exercises.
    (4) Each exercise must test communication and notification 
procedures, and elements of coordination, resource availability, and 
response.
    (5) Exercises are a full test of the security program and must 
include substantial and active participation of FSOs, and may include 
government authorities and vessels visiting the facility. Requests for 
participation of Company and Vessel Security Officers in joint exercises 
should consider the security and work implications for the vessel.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60541, 
Oct. 22, 2003]

[[Page 397]]



Sec.  105.225  Facility recordkeeping requirements.

    (a) Unless otherwise specified in this section, the Facility 
Security Officer (FSO) must keep records of the activities as set out in 
paragraph (b) of this section for at least 2 years and make them 
available to the Coast Guard upon request.
    (b) Records required by this section may be kept in electronic 
format. If kept in an electronic format, they must be protected against 
unauthorized deletion, destruction, or amendment. The following records 
must be kept:
    (1) Training. For training under Sec.  105.210, the date of each 
session, duration of session, a description of the training, and a list 
of attendees;
    (2) Drills and exercises. For each drill or exercise, the date held, 
description of drill or exercise, list of participants, and any best 
practices or lessons learned which may improve the Facility Security 
Plan (FSP);
    (3) Incidents and breaches of security. For each incident or breach 
of security, the date and time of occurrence, location within the 
facility, description of incident or breaches, to whom it was reported, 
and description of the response;
    (4) Changes in MARSEC Levels. For each change in MARSEC Level, the 
date and time of notification received, and time of compliance with 
additional requirements;
    (5) Maintenance, calibration, and testing of security equipment. For 
each occurrence of maintenance, calibration, and testing, record the 
date and time, and the specific security equipment involved;
    (6) Security threats. For each security threat, the date and time of 
occurrence, how the threat was communicated, who received or identified 
the threat, description of threat, to whom it was reported, and 
description of the response;
    (7) Declaration of Security (DoS) A copy of each single-visit DoS 
and a copy of each continuing DoS for at least 90 days after the end of 
its effective period; and
    (8) Annual audit of the FSP. For each annual audit, a letter 
certified by the FSO stating the date the audit was completed.
    (c) Any record required by this part must be protected from 
unauthorized access or disclosure.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60541, 
Oct. 22, 2003]

    Effective Date Note: By USCG-2007-28915, 81 FR 57712, Aug. 23, 2016, 
Sec.  105.225 was amended: a. in paragraph (b)(7), by removing the 
second use of the word ``and''; b. in paragraph (b)(8), by removing the 
symbol ``.'' and adding, in its place, the word ``; and''; c. by adding 
paragraph (b)(9); and d. by revising paragraph (c), effective Aug. 23, 
2018. For the convenience of the user, the added and revised text is set 
forth as follows:



Sec.  105.225  Facility recordkeeping requirements.

                                * * * * *

    (b) * * *
    (9) TWIC Reader/Physical Access Control System (PACS). For each 
individual granted unescorted access to a secure area, the: FASC-N; date 
and time that unescorted access was granted; and, if captured, the 
individual's name. Additionally, documentation to demonstrate that the 
owner or operator has updated the Canceled Card List with the frequency 
required in Sec.  101.525 of this subchapter.
    (c) Any record required by this part must be protected from 
unauthorized access or disclosure. Electronic reader records and similar 
records in a PACS are sensitive security information and must be 
protected in accordance with 49 CFR part 1520.



Sec.  105.230  Maritime Security (MARSEC) Level coordination and implementation.

    (a) The facility owner or operator must ensure the facility operates 
in compliance with the security requirements in this part for the MARSEC 
Level in effect for the port.
    (b) When notified of an increase in the MARSEC Level, the facility 
owner and operator must ensure:
    (1) Vessels moored to the facility and vessels scheduled to arrive 
at the facility within 96 hours of the MARSEC Level change are notified 
of the new MARSEC Level and the Declaration of Security is revised as 
necessary;
    (2) The facility complies with the required additional security 
measures within 12 hours; and
    (3) The facility reports compliance or noncompliance to the COTP.

[[Page 398]]

    (c) For MARSEC Levels 2 and 3, the Facility Security Officer must 
inform all facility personnel about identified threats, and emphasize 
reporting procedures and stress the need for increased vigilance.
    (d) An owner or operator whose facility is not in compliance with 
the requirements of this section, must inform the COTP and obtain 
approval prior to interfacing with a vessel or continuing operations.
    (e) At MARSEC Level 3, in addition to the requirements in this part, 
a facility owner or operator may be required to implement additional 
measures, pursuant to 33 CFR part 6, 160, or 165, as appropriate, which 
may include but are not limited to:
    (1) Use of waterborne security patrol;
    (2) Use of armed security personnel to control access to the 
facility and to deter, to the maximum extent practical, a transportation 
security incident; and
    (3) Examination of piers, wharves, and similar structures at the 
facility for the presence of dangerous substances or devices underwater 
or other threats.



Sec.  105.235  Communications.

    (a) The Facility Security Officer must have a means to effectively 
notify facility personnel of changes in security conditions at the 
facility.
    (b) Communication systems and procedures must allow effective and 
continuous communications between the facility security personnel, 
vessels interfacing with the facility, the cognizant COTP, and national 
and local authorities with security responsibilities.
    (c) At each active facility access point, provide a means of 
contacting police, security control, or an emergency operations center, 
by telephones, cellular phones, and/or portable radios, or other 
equivalent means.
    (d) Facility communications systems must have a backup means for 
both internal and external communications.



Sec.  105.240  Procedures for interfacing with vessels.

    The facility owner or operator must ensure that there are measures 
for interfacing with vessels at all MARSEC Levels.



Sec.  105.245  Declaration of Security (DoS).

    (a) Each facility owner or operator must ensure procedures are 
established for requesting a DoS and for handling DoS requests from a 
vessel.
    (b) At MARSEC Level 1, a facility receiving a cruise ship or a 
manned vessel carrying Certain Dangerous Cargo, in bulk, must comply 
with the following:
    (1) Prior to the arrival of a vessel to the facility, the Facility 
Security Officer (FSO) and Master, Vessel Security Officer (VSO), or 
their designated representatives must coordinate security needs and 
procedures, and agree upon the contents of the DoS for the period of 
time the vessel is at the facility; and
    (2) Upon the arrival of the vessel at the facility, the FSO and 
Master, VSO, or their designated representative, must sign the written 
DoS.
    (c) Neither the facility nor the vessel may embark or disembark 
passengers, nor transfer cargo or vessel stores until the DoS has been 
signed and implemented.
    (d) At MARSEC Levels 2 and 3, the FSOs, or their designated 
representatives, of facilities interfacing with manned vessels subject 
to part 104, of this subchapter must sign and implement DoSs as required 
in (b)(1) and (2) of this section.
    (e) At MARSEC Levels 1 and 2, FSOs of facilities that frequently 
interface with the same vessel may implement a continuing DoS for 
multiple visits, provided that:
    (1) The DoS is valid for a specific MARSEC Level;
    (2) The effective period at MARSEC Level 1 does not exceed 90 days; 
and
    (3) The effective period at MARSEC Level 2 does not exceed 30 days.
    (f) When the MARSEC Level increases beyond that contained in the 
DoS, the continuing DoS is void and a new DoS must be executed in 
accordance with this section.
    (g) A copy of all currently valid continuing DoSs must be kept with 
the Facility Security Plan.

[[Page 399]]

    (h) The COTP may require, at any time, at any MARSEC Level, any 
facility subject to this part to implement a DoS with the VSO prior to 
any vessel-to-facility interface when he or she deems it necessary.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60541, 
Oct. 22, 2003]



Sec.  105.250  Security systems and equipment maintenance.

    (a) Security systems and equipment must be in good working order and 
inspected, tested, calibrated, and maintained according to 
manufacturers' recommendations.
    (b) Security systems must be regularly tested in accordance with the 
manufacturers' recommendations; noted deficiencies corrected promptly; 
and the results recorded as required in Sec.  105.225 of this subpart.
    (c) The FSP must include procedures for identifying and responding 
to security system and equipment failures or malfunctions.



Sec.  105.253  Risk Group classifications for facilities.

    (a) For purposes of the Transportation Worker Identification 
Credential (TWIC) requirements of this subchapter, the following 
facilities subject to this part are in Risk Group A:
    (1) Facilities that handle Certain Dangerous Cargoes (CDC) in bulk 
or receive vessels carrying CDC in bulk.
    (2) Facilities that receive vessels certificated to carry more than 
1,000 passengers.
    (b) Facilities may move from one Risk Group classification to 
another, based on the material they handle or the types of vessels they 
receive at any given time. An owner or operator of a facility expected 
to move between Risk Groups must explain, in the Facility Security Plan, 
the timing of such movements, as well as how the facility will move 
between the requirements of the higher and lower Risk Groups, with 
particular attention to the security measures to be taken when moving 
from a lower Risk Group to a higher Risk Group.

[USCG-2007-28915, 81 FR 57712, Aug. 23, 2016]

    Effective Date Note: By USCG-2007-28915, 81 FR 57712, Aug. 23, 2016, 
Sec.  105.253 was added, effective Aug. 23, 2018.



Sec.  105.255  Security measures for access control.

    (a) General. The facility owner or operator must ensure the 
implementation of security measures to:
    (1) Deter the unauthorized introduction of dangerous substances and 
devices, including any device intended to damage or destroy persons, 
vessels, facilities, or ports;
    (2) Secure dangerous substances and devices that are authorized by 
the owner or operator to be on the facility;
    (3) Control access to the facility; and
    (4) Prevent an unescorted individual from entering an area of the 
facility that is designated as a secure area unless the individual holds 
a duly issued TWIC and is authorized to be in the area.
    (b) The facility owner or operator must ensure that the following 
are specified:
    (1) The locations where restrictions or prohibitions that prevent 
unauthorized access are applied for each MARSEC Level, including those 
points where TWIC access control provisions will be applied. Each 
location allowing means of access to the facility must be addressed;
    (2) The types of restrictions or prohibitions to be applied and the 
means of enforcing them;
    (3) The means used to establish the identity of individuals not in 
possession of a TWIC, in accordance with Sec.  101.515 of this 
subchapter, and procedures for escorting them;
    (4) Procedures for identifying authorized and unauthorized persons 
at any MARSEC level; and
    (5) The locations where persons, personal effects and vehicle 
screenings are to be conducted. The designated screening areas should be 
covered to provide for continuous operations regardless of the weather 
conditions.
    (c) The facility owner or operator must ensure that a TWIC program 
is implemented as follows:
    (1) All persons seeking unescorted access to secure areas must 
present their TWIC for inspection before being allowed unescorted 
access, in accordance

[[Page 400]]

with Sec.  101.514 of this subchapter. Inspection must include:
    (i) A match of the photo on the TWIC to the individual presenting 
the TWIC;
    (ii) Verification that the TWIC has not expired; and
    (iii) A visual check of the various security features present on the 
card to determine whether the TWIC has been tampered with or forged.
    (2) If an individual cannot present a TWIC because it has been lost, 
damaged or stolen, and he or she has previously been granted unescorted 
access to the facility and is known to have had a valid TWIC, the 
individual may be given unescorted access to secure areas for a period 
of no longer than 7 consecutive calendar days if:
    (i) The individual has reported the TWIC as lost, damaged, or stolen 
to TSA as required in 49 CFR 1572.19(f);
    (ii) The individual can present another identification credential 
that meets the requirements of Sec.  101.515 of this subchapter; and
    (iii) There are no other suspicious circumstances associated with 
the individual's claim of loss or theft.
    (3) If an individual cannot present his or her TWIC for any other 
reason than outlined in paragraph (c)(2) of this section, he or she may 
not be granted unescorted access to the secure area. The individual must 
be under escort, as that term is defined in part 101 of this subchapter, 
at all times when inside of a secure area.
    (4) With the exception of persons granted access according to 
paragraph (c)(2) of this section, all persons granted unescorted access 
to secure areas of the facility must be able to produce his or her TWIC 
upon request.
    (5) There must be disciplinary measures in place to prevent fraud 
and abuse.
    (6) The facility's TWIC program should be coordinated, when 
practicable, with identification and TWIC access control measures of 
vessels or other transportation conveyances that use the facility.
    (d) If the facility owner or operator uses a separate identification 
system, ensure that it complies and is coordinated with TWIC provisions 
in this part.
    (e) The facility owner or operator must establish in the approved 
Facility Security Plan (FSP) the frequency of application of any access 
controls, particularly if they are to be applied on a random or 
occasional basis.
    (f) MARSEC Level 1. The facility owner or operator must ensure the 
following security measures are implemented at the facility:
    (1) Implement TWIC as set out in paragraph (c) of this section.
    (2) Screen persons, baggage (including carry-on items), personal 
effects, and vehicles, for dangerous substances and devices at the rate 
specified in the approved FSP, excluding government-owned vehicles on 
official business when government personnel present identification 
credentials for entry;
    (3) Conspicuously post signs that describe security measures 
currently in effect and clearly state that:
    (i) Entering the facility is deemed valid consent to screening or 
inspection; and
    (ii) Failure to consent or submit to screening or inspection will 
result in denial or revocation of authorization to enter.
    (4) Check the identification of any person not holding a TWIC and 
seeking entry to the facility, including vessel passengers, vendors, 
personnel duly authorized by the cognizant government authorities, and 
visitors. This check shall include confirming the reason for boarding by 
examining at least one of the following:
    (i) Joining instructions;
    (ii) Passenger tickets;
    (iii) Boarding passes;
    (iv) Work orders, pilot orders, or surveyor orders;
    (v) Government identification; or
    (vi) Visitor badges issued in accordance with an identification 
system implemented under paragraph (d) of this section.
    (5) Deny or revoke a person's authorization to be on the facility if 
the person is unable or unwilling, upon the request of facility 
personnel or a law enforcement officer, to establish his or her identity 
in accordance with this part or to account for his or her presence. Any 
such incident must be reported in compliance with this part;

[[Page 401]]

    (6) Designate restricted areas and provide appropriate access 
controls for these areas;
    (7) Identify access points that must be secured or attended to deter 
unauthorized access;
    (8) Deter unauthorized access to the facility and to designated 
restricted areas within the facility;
    (9) Screen by hand or device, such as x-ray, all unaccompanied 
baggage prior to loading onto a vessel; and
    (10) Secure unaccompanied baggage after screening in a designated 
restricted area and maintain security control during transfers between 
the facility and a vessel.
    (g) MARSEC Level 2. In addition to the security measures required 
for MARSEC Level 1 in this section, at MARSEC Level 2, the facility 
owner or operator must ensure the implementation of additional security 
measures, as specified for MARSEC Level 2 in their approved FSP. These 
additional security measures may include:
    (1) Increasing the frequency and detail of the screening of persons, 
baggage, and personal effects for dangerous substances and devices 
entering the facility;
    (2) X-ray screening of all unaccompanied baggage;
    (3) Assigning additional personnel to guard access points and patrol 
the perimeter of the facility to deter unauthorized access;
    (4) Limiting the number of access points to the facility by closing 
and securing some access points and providing physical barriers to 
impede movement through the remaining access points;
    (5) Denying access to visitors who do not have a verified 
destination;
    (6) Deterring waterside access to the facility, which may include, 
using waterborne patrols to enhance security around the facility; or
    (7) Except for government-owned vehicles on official business when 
government personnel present identification credentials for entry, 
screening vehicles and their contents for dangerous substances and 
devices at the rate specified for MARSEC Level 2 in the approved FSP.
    (h) MARSEC Level 3. In addition to the security measures required 
for MARSEC Level 1 and MARSEC Level 2, at MARSEC level 3, the facility 
owner or operator must ensure the implementation of additional security 
measures, as specified for MARSEC Level 3 in their approved FSP. These 
additional security measures may include:
    (1) Screening all persons, baggage, and personal effects for 
dangerous substances and devices;
    (2) Performing one or more of the following on unaccompanied 
baggage:
    (i) Screen unaccompanied baggage more extensively; for example, x-
raying from two or more angles;
    (ii) Prepare to restrict or suspend handling of unaccompanied 
baggage; or
    (iii) Refuse to accept unaccompanied baggage.
    (3) Being prepared to cooperate with responders and facilities;
    (4) Granting access to only those responding to the security 
incident or threat thereof;
    (5) Suspending access to the facility;
    (6) Suspending cargo operations;
    (7) Evacuating the facility;
    (8) Restricting pedestrian or vehicular movement on the grounds of 
the facility; or
    (9) Increasing security patrols within the facility.

[USCG-2006-24196, 72 FR 3583, Jan. 25, 2007]

    Effective Date Note: By USCG-2007-28915, 81 FR 57712, Aug. 23, 2016, 
Sec.  105.255 was amended as follows, effective Aug. 23, 2018.
    a. Revising paragraph (a)(4);
    b. Removing paragraphs (c) and (d);
    c. Redesignating paragraphs (e) through (h) as (c) through (f), 
respectively;
    d. Revising newly redesignated paragraph (d)(1);
    e. In newly redesignated paragraph (d)(4) introductory text, 
removing the word ``shall'' and adding, in its place, the word ``must'';
    f. In newly redesignated paragraph (d)(4)(vi), removing the words 
``paragraph (d) of this section'' and adding, in their place, the words 
``subpart E of part 101 of this subchapter'';
    g. In newly redesignated paragraph (e)(6), removing the word ``or'';
    h. In newly redesignated paragraph (e)(7), removing the symbol ``.'' 
and adding, in its place, the word ``; or'';
    i. Adding paragraph (e)(8);
    j. In newly redesignated paragraph (f)(8), removing the word ``or'';
    k. In newly redesignated paragraph (f)(9), removing the symbol ``.'' 
and adding, in its place, the word ``; or''; and

[[Page 402]]

    l. Adding paragraph (f)(10).
For the convenience of the user, the added and revised text is set forth 
as follows:



Sec.  105.255  Security measures for access control.

    (a) * * *
    (4) Prevent an unescorted individual from entering an area of the 
facility that is designated as a secure area unless the individual holds 
a duly issued TWIC and is authorized to be in the area. Individuals 
seeking unescorted access to a secure area in a facility in Risk Group A 
must pass electronic TWIC inspection and those seeking unescorted access 
to a secure area in a facility not in Risk Group A must pass either 
electronic TWIC inspection or visual TWIC inspection.

                                * * * * *

    (d) * * *
    (1) Implement a TWIC Program as set out in subpart E of part 101 of 
this subchapter, as applicable, and in accordance with the facility's 
assigned Risk Group, as set out in Sec.  105.253.

                                * * * * *

    (e) * * *
    (8) Implementing additional electronic TWIC inspection requirements, 
as required by Sec.  105.253, and by subpart E of part 101 of this 
subchapter, if relevant.

                                * * * * *

    (f) * * *
    (10) Implementing additional electronic TWIC inspection 
requirements, as required by Sec.  105.253, and by subchapter E of part 
101 of this subchapter, if relevant.



Sec.  105.257  Security measures for newly-hired employees.

    (a) Newly-hired facility employees may be granted entry to secure 
areas of the facility for up to 30 consecutive calendar days prior to 
receiving their TWIC provided all of the requirements in paragraph (b) 
of this section are met, and provided that the new hire is accompanied 
by an individual with a TWIC while within the secure areas of the 
facility. If TSA does not act upon a TWIC application within 30 days, 
the cognizant Coast Guard COTP may further extend access to secure areas 
for another 30 days. The Coast Guard will determine whether, in 
particular circumstances, certain practices meet the condition of a new 
hire being accompanied by another individual with a TWIC. The Coast 
Guard will issue guidance for use in making these determinations.
    (b) Newly-hired facility employees may be granted the access 
provided for in paragraph (a) of this section if:
    (1) The new hire has applied for a TWIC in accordance with 49 CFR 
part 1572 by completing the full enrollment process, paying the user 
fee, and is not currently engaged in a waiver or appeal process. The 
facility owner or operator or the Facility Security Officer (FSO) must 
have the new hire sign a statement affirming this, and must retain the 
signed statement until the new hire receives a TWIC;
    (2) The facility owner or operator or the FSO enters the following 
information on the new hire into the Coast Guard's Homeport website 
(http://homeport.uscg.mil):
    (i) Full legal name, including middle name if one exists;
    (ii) Date of birth;
    (iii) Social security number (optional);
    (iv) Employer name and 24 hour contact information; and
    (v) Date of TWIC enrollment.
    (3) The new hire presents an identification credential that meets 
the requirements of Sec.  101.515 of this subchapter;
    (4) There are no other circumstances that would cause reasonable 
suspicion regarding the new hire's ability to obtain a TWIC, and the 
facility owner or operator or FSO have not been informed by the 
cognizant COTP that the new hire poses a security threat; and
    (5) There would be an adverse impact to facility operations if the 
new hire is not allowed access.
    (c) This section does not apply to any individual being hired as a 
FSO, or any individual being hired to perform facility security duties.
    (d) The new hire may not begin working at the facility under the 
provisions of this section until the owner, operator, or FSO receives 
notification, via Homeport or some other means, the new hire has passed 
an initial name check.

[USCG-2006-24196, 72 FR 3584, Jan. 25, 2007, as amended by USCG-2013-
0397, 78 FR 39173, July 1, 2013; 78 FR 41305, July 10, 2013]

[[Page 403]]


    Effective Date Note: By USCG-2007-28915, 81 FR 57712, Aug. 23, 2016, 
Sec.  105.257 was amended by removing the last sentence from paragraph 
(a), effective Aug. 23, 2018.



Sec.  105.260  Security measures for restricted areas.

    (a) General. The facility owner or operator must ensure the 
designation of restricted areas in order to:
    (1) Prevent or deter unauthorized access;
    (2) Protect persons authorized to be in the facility;
    (3) Protect the facility;
    (4) Protect vessels using and serving the facility;
    (5) Protect sensitive security areas within the facility;
    (6) Protect security and surveillance equipment and systems; and
    (7) Protect cargo and vessel stores from tampering.
    (b) Designation of Restricted Areas. The facility owner or operator 
must ensure restricted areas are designated within the facility. They 
must also ensure that all restricted areas are clearly marked and 
indicate that access to the area is restricted and that unauthorized 
presence within the area constitutes a breach of security. The facility 
owner or operator may also designate the entire facility as a restricted 
area. Restricted areas must include, as appropriate:
    (1) Shore areas immediately adjacent to each vessel moored at the 
facility;
    (2) Areas containing sensitive security information, including cargo 
documentation;
    (3) Areas containing security and surveillance equipment and systems 
and their controls, and lighting system controls; and
    (4) Areas containing critical facility infrastructure, including:
    (i) Water supplies;
    (ii) Telecommunications;
    (iii) Electrical system; and
    (iv) Access points for ventilation and air-conditioning systems;
    (5) Manufacturing or processing areas and control rooms;
    (6) Locations in the facility where access by vehicles and personnel 
should be restricted;
    (7) Areas designated for loading, unloading or storage of cargo and 
stores; and
    (8) Areas containing cargo consisting of dangerous goods or 
hazardous substances, including certain dangerous cargoes.
    (c) The owner or operator must ensure that all restricted areas have 
clearly established security measures to:
    (1) Identify which facility personnel are authorized to have access;
    (2) Determine which persons other than facility personnel are 
authorized to have access;
    (3) Determine the conditions under which that access may take place;
    (4) Define the extent of any restricted area;
    (5) Define the times when access restrictions apply;
    (6) Clearly mark all restricted areas and indicate that access to 
the area is restricted and that unauthorized presence within the area 
constitutes a breach of security;
    (7) Control the entry, parking, loading and unloading of vehicles;
    (8) Control the movement and storage of cargo and vessel stores; and
    (9) Control unaccompanied baggage or personal effects.
    (d) MARSEC Level 1. At MARSEC Level 1, the facility owner or 
operator must ensure the implementation of security measures to prevent 
unauthorized access or activities within the area. These security 
measures may include:
    (1) Restricting access to only authorized personnel;
    (2) Securing all access points not actively used and providing 
physical barriers to impede movement through the remaining access 
points;
    (3) Assigning personnel to control access to restricted areas;
    (4) Verifying the identification and authorization of all persons 
and all vehicles seeking entry;
    (5) Patrolling or monitoring the perimeter of restricted areas;
    (6) Using security personnel, automatic intrusion detection devices, 
surveillance equipment, or surveillance systems to detect unauthorized 
entry or movement within restricted areas;
    (7) Directing the parking, loading, and unloading of vehicles within 
a restricted area;

[[Page 404]]

    (8) Controlling unaccompanied baggage and or personal effects after 
screening;
    (9) Designating restricted areas for performing inspections of cargo 
and vessel stores while awaiting loading; and
    (10) Designating temporary restricted areas to accommodate facility 
operations. If temporary restricted areas are designated, the FSP must 
include a requirement to conduct a security sweep of the designated 
temporary restricted area both before and after the area has been 
established.
    (e) MARSEC Level 2. In addition to the security measures required 
for MARSEC Level 1 in this section, at MARSEC Level 2, the facility 
owner or operator must also ensure the implementation of additional 
security measures, as specified for MARSEC Level 2 in their approved 
FSP. These additional security measures may include:
    (1) Increasing the intensity and frequency of monitoring and access 
controls on existing restricted access areas;
    (2) Enhancing the effectiveness of the barriers or fencing 
surrounding restricted areas, by the use of patrols or automatic 
intrusion detection devices;
    (3) Reducing the number of access points to restricted areas, and 
enhancing the controls applied at the remaining accesses;
    (4) Restricting parking adjacent to vessels;
    (5) Further restricting access to the restricted areas and movements 
and storage within them;
    (6) Using continuously monitored and recorded surveillance 
equipment;
    (7) Enhancing the number and frequency of patrols, including 
waterborne patrols undertaken on the boundaries of the restricted areas 
and within the areas; or
    (8) Establishing and restricting access to areas adjacent to the 
restricted areas.
    (f) MARSEC Level 3. In addition to the security measures required 
for MARSEC Level 1 and MARSEC Level 2, at MARSEC Level 3, the facility 
owner or operator must ensure the implementation of additional security 
measures, as specified for MARSEC Level 3 in their approved FSP. These 
additional security measures may include:
    (1) Restricting access to additional areas;
    (2) Prohibiting access to restricted areas, or
    (3) Searching restricted areas as part of a security sweep of all or 
part of the facility.



Sec.  105.265  Security measures for handling cargo.

    (a) General. The facility owner or operator must ensure that 
security measures relating to cargo handling, some of which may have to 
be applied in liaison with the vessel, are implemented in order to:
    (1) Deter tampering;
    (2) Prevent cargo that is not meant for carriage from being accepted 
and stored at the facility without the knowing consent of the facility 
owner or operator;
    (3) Identify cargo that is approved for loading onto vessels 
interfacing with the facility;
    (4) Include cargo control procedures at access points to the 
facility;
    (5) Identify cargo that is accepted for temporary storage in a 
restricted area while awaiting loading or pick up;
    (6) Restrict the entry of cargo to the facility that does not have a 
confirmed date for loading, as appropriate;
    (7) Ensure the release of cargo only to the carrier specified in the 
cargo documentation;
    (8) When there are regular or repeated cargo operations with the 
same shipper, coordinate security measures with the shipper or other 
responsible party in accordance with an established agreement and 
procedure; and
    (9) Create, update, and maintain a continuous inventory of all 
dangerous goods and hazardous substances from receipt to delivery within 
the facility, giving the location of those dangerous goods and hazardous 
substances.
    (b) MARSEC Level 1. At MARSEC Level 1, the facility owner or 
operator must ensure the implementation of measures to:
    (1) Unless unsafe to do so, routinely check cargo, cargo transport 
units, and cargo storage areas within the facility prior to, and during, 
cargo handling operations for evidence of tampering;

[[Page 405]]

    (2) Check that cargo, containers, or other cargo transport units 
entering the facility match the delivery note or equivalent cargo 
documentation;
    (3) Screen vehicles; and
    (4) Check seals and other methods used to prevent tampering upon 
entering the facility and upon storage within the facility.
    (c) MARSEC Level 2. In addition to the security measures required 
for MARSEC Level 1 in this section, at MARSEC Level 2, the facility 
owner or operator must also ensure the implementation of additional 
security measures, as specified for MARSEC Level 2 in the approved FSP. 
These additional security measures may include:
    (1) Conducting check of cargo, containers or other cargo transport 
units, and cargo storage areas within the facility for evidence of 
tampering;
    (2) Intensifying checks, as appropriate, to ensure that only the 
documented cargo enters the facility, is temporarily stored there, and 
then loaded onto the vessel;
    (3) Intensifying the screening of vehicles;
    (4) Increasing frequency and detail in checking of seals and other 
methods used to prevent tampering;
    (5) Coordinating enhanced security measures with the shipper or 
other responsible party in accordance with an established agreement and 
procedures;
    (6) Increasing the frequency and intensity of visual and physical 
inspections; or
    (7) Limiting the number of locations where dangerous goods and 
hazardous substances, including certain dangerous cargoes, can be 
stored.
    (d) MARSEC Level 3. In addition to the security measures required 
for MARSEC Level 1 and MARSEC Level 2, at MARSEC Level 3, the facility 
owner or operator must ensure the implementation of additional security 
measures, as specified for MARSEC Level 3 in the approved FSP. These 
additional security measures may include:
    (1) Restricting or suspending cargo movements or operations within 
all or part of the facility or specific vessels;
    (2) Being prepared to cooperate with responders and vessels; or
    (3) Verifying the inventory and location of any dangerous goods and 
hazardous substances, including certain dangerous cargoes, held within 
the facility and their location.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60541, 
Oct. 22, 2003]



Sec.  105.270  Security measures for delivery of vessel stores and bunkers.

    (a) General. The facility owner or operator must ensure that 
security measures relating to the delivery of vessel stores and bunkers 
are implemented to:
    (1) Check vessel stores for package integrity;
    (2) Prevent vessel stores from being accepted without inspection;
    (3) Deter tampering;
    (4) For vessels that routinely use a facility, establish and execute 
standing arrangements between the vessel, its suppliers, and a facility 
regarding notification and the timing of deliveries and their 
documentation; and
    (5) Check vessel stores by the following means:
    (i) Visual examination;
    (ii) Physical examination;
    (iii) Detection devices, such as scanners; or
    (iv) Canines.
    (b) MARSEC Level 1. At MARSEC Level 1, the facility owner or 
operator must ensure the implementation of measures to:
    (1) Screen vessel stores at the rate specified in the approved 
Facility Security Plan (FSP);
    (2) Require advance notification of vessel stores or bunkers 
delivery, including a list of stores, delivery vehicle driver 
information, and vehicle registration information;
    (3) Screen delivery vehicles at the frequencies specified in the 
approved FSP; and
    (4) Escort delivery vehicles within the facility at the rate 
specified by the approved FSP.
    (c) MARSEC Level 2. In addition to the security measures required 
for MARSEC Level 1 in this section, at MARSEC Level 2, the facility 
owner or operator must also ensure the implementation of additional 
security measures, as specified for MARSEC Level 2 in the approved FSP. 
These additional security measures may include:
    (1) Detailed screening of vessel stores;

[[Page 406]]

    (2) Detailed screening of all delivery vehicles;
    (3) Coordinating with vessel personnel to check the order against 
the delivery note prior to entry to the facility;
    (4) Ensuring delivery vehicles are escorted within the facility; or
    (5) Restricting or prohibiting the entry of vessel stores that will 
not leave the facility within a specified period.
    (d) MARSEC Level 3. In addition to the security measures for MARSEC 
Level 1 and MARSEC Level 2, at MARSEC Level 3, the facility owner and 
operator must ensure implementation of additional security measures, as 
specified for MARSEC Level 3 in the approved FSP. Examples of these 
additional security measures may include:
    (1) Checking all vessel stores more extensively;
    (2) Restricting or suspending delivery of vessel stores; or
    (3) Refusing to accept vessel stores on the facility.



Sec.  105.275  Security measures for monitoring.

    (a) General. The facility owner or operator must ensure the 
implementation of security measures in this section and have the 
capability to continuously monitor, through a combination of lighting, 
security guards, waterborne patrols, automatic intrusion-detection 
devices, or surveillance equipment, as specified in the approved 
Facility Security Plan (FSP), the:
    (1) Facility and its approaches, on land and water;
    (2) Restricted areas within the facility; and
    (3) Vessels at the facility and areas surrounding the vessels.
    (b) MARSEC Level 1. At MARSEC Level 1, the facility owner or 
operator must ensure the security measures in this section are 
implemented at all times, including the period from sunset to sunrise 
and periods of limited visibility. For each facility, ensure monitoring 
capability that:
    (1) When automatic intrusion-detection devices are used, activates 
an audible or visual alarm, or both, at a location that is continuously 
attended or monitored;
    (2) Is able to function continually, including consideration of the 
possible effects of weather or of a power disruption;
    (3) Monitors the facility area, including shore and waterside access 
to it;
    (4) Monitors access points, barriers and restricted areas;
    (5) Monitors access and movements adjacent to vessels using the 
facility, including augmentation of lighting provided by the vessel 
itself; and
    (6) Limits lighting effects, such as glare, and their impact on 
safety, navigation, and other security activities.
    (c) MARSEC Level 2. In addition to the security measures for MARSEC 
Level 1 in this section, at MARSEC Level 2, the facility owner or 
operator must also ensure the implementation of additional security 
measures, as specified for MARSEC Level 2 in the approved FSP. These 
additional measures may include:
    (1) Increasing the coverage and intensity of surveillance equipment, 
including the provision of additional surveillance coverage;
    (2) Increasing the frequency of foot, vehicle or waterborne patrols;
    (3) Assigning additional security personnel to monitor and patrol; 
or
    (4) Increasing the coverage and intensity of lighting, including the 
provision of additional lighting and coverage.
    (d) MARSEC Level 3. In addition to the security measures for MARSEC 
Level 1 and MARSEC Level 2, at MARSEC Level 3, the facility owner or 
operator must also ensure implementation of additional security 
measures, as specified for MARSEC Level 3 in the approved FSP. These 
additional security measures may include:
    (1) Switching on all lighting within, or illuminating the vicinity 
of, the facility;
    (2) Switching on all surveillance equipment capable of recording 
activities within or adjacent to the facility;
    (3) Maximizing the length of time such surveillance equipment can 
continue to record; or
    (4) Complying with the instructions issued by those responding to 
the security incident.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60542, 
Oct. 22, 2003]

[[Page 407]]



Sec.  105.280  Security incident procedures.

    For each MARSEC Level, the facility owner or operator must ensure 
the Facility Security Officer and facility security personnel are able 
to:
    (a) Respond to security threats or breaches of security and maintain 
critical facility and vessel-to-facility interface operations;
    (b) Evacuate the facility in case of security threats or breaches of 
security;
    (c) Report security incidents as required in Sec.  101.305 of this 
subchapter;
    (d) Brief all facility personnel on possible threats and the need 
for vigilance, soliciting their assistance in reporting suspicious 
persons, objects, or activities; and
    (e) Secure non-critical operations in order to focus response on 
critical operations.



Sec.  105.285  Additional requirements-passenger and ferry facilities.

    (a) At all MARSEC Levels, the owner or operator of a passenger or 
ferry facility must ensure, in coordination with a vessel moored at the 
facility, that the following security measures are implemented in 
addition to the requirements of this part:
    (1) Establish separate areas to segregate unchecked persons and 
personal effects from checked persons and personal effects;
    (2) Ensure that a defined percentage of vehicles to be loaded aboard 
are screened prior to loading, in accordance with a MARSEC Directive or 
other orders issued by the Coast Guard;
    (3) Ensure that all unaccompanied vehicles to be loaded on passenger 
vessels are screened prior to loading;
    (4) Deny passenger access to secure and restricted areas unless 
escorted by authorized facility security personnel; and
    (5) In a facility with a public access area designated under Sec.  
105.106, provide sufficient security personnel to monitor all persons 
within the area.
    (b) At MARSEC Level 2, in addition to the requirements in paragraph 
(a) of this section, the owner or operator of a passenger or ferry 
facility with a public access area designated under Sec.  105.106 must 
increase the intensity of monitoring of the public access area.
    (c) At MARSEC Level 3, in addition to the requirements in paragraph 
(a) of this section, the owner or operator of a passenger or ferry 
facility with a public access area designated under Sec.  105.106 must 
increase the intensity of monitoring and assign additional security 
personnel to monitor the public access area.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60542, 
Oct. 22, 2003; USCG-2006-24196, 72 FR 3584, Jan. 25, 2007]



Sec.  105.290  Additional requirements--cruise ship terminals.

    At all MARSEC Levels, in coordination with a vessel moored at the 
facility, the facility owner or operator must ensure the following 
security measures:
    (a) Screen all persons, baggage, and personal effects for dangerous 
substances and devices;
    (b) Check the identification of all persons seeking to enter the 
facility. Persons holding a TWIC shall be checked as set forth in this 
part. For persons not holding a TWIC, this check includes confirming the 
reason for boarding by examining passenger tickets, boarding passes, 
government identification or visitor badges, or work orders;
    (c) Designate holding, waiting, or embarkation areas within the 
facility's secure area to segregate screened persons and their personal 
effects awaiting embarkation from unscreened persons and their personal 
effects;
    (d) Provide additional security personnel to designated holding, 
waiting, or embarkation areas within the facility's secure area; and
    (e) Deny individuals not holding a TWIC access to secure and 
restricted areas unless escorted.

[USCG-2006-24196, 72 FR 3585, Jan. 25, 2007]

    Effective Date Note: By USCG-2007-28915, 81 FR 57712, Aug. 23, 2016, 
Sec.  105.290 was amended in paragraph (b) by removing the word 
``shall'' and adding, in its place, the word ``must'', and by removing 
the words ``this part'' and adding, in their place, the words ``subpart 
E of part 101 of this subchapter'', effective Aug. 23, 2018.

[[Page 408]]



Sec.  105.295  Additional requirements-Certain Dangerous Cargo 
(CDC) facilities.

    (a) At all MARSEC Levels, owners or operators of CDC facilities must 
ensure the implementation of the following security measures in addition 
to the requirements of this part:
    (1) Escort all visitors, contractors, vendors, and other non-
facility employees at all times while on the facility, if access 
identification is not provided. Escort provisions do not apply to 
prearranged cargo deliveries;
    (2) Control the parking, loading, and unloading of vehicles within a 
facility;
    (3) Require security personnel to record or report their presence at 
key points during their patrols;
    (4) Search unmanned or unmonitored waterfront areas for dangerous 
substances and devices prior to a vessel's arrival at the facility; and
    (5) Provide an alternate or independent power source for security 
and communications systems.
    (b) At MARSEC Level 2, in addition to the requirements for MARSEC 
Level 1, owners or operators of CDC facilities must ensure the 
implementation of the following security measures:
    (1) Release cargo only in the presence of the Facility Security 
Officer (FSO) or a designated representative of the FSO; and
    (2) Continuously patrol restricted areas.
    (c) At MARSEC Level 3, in addition to the requirements for MARSEC 
Level 1 and MARSEC Level 2, owners or operators of CDC facilities must 
ensure the facilities are continuously guarded and restricted areas are 
patrolled.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60542, 
Oct. 22, 2003]



Sec.  105.296  Additional requirements-barge fleeting facilities.

    (a) At MARSEC Level 1, in addition to the requirements of this part, 
an owner or operator of a barge fleeting facility must ensure the 
implementation of the following security measures:
    (1) Designate one or more restricted areas within the barge fleeting 
facility to handle those barges carrying, in bulk, cargoes regulated by 
46 CFR chapter I, subchapters D or O, or Certain Dangerous Cargoes;
    (2) Maintain a current list of vessels and cargoes in the designated 
restricted area; and
    (3) Ensure that at least one towing vessel is available to service 
the fleeting facility for every 100 barges within the facility.
    (4) Control access to the barges once tied to the fleeting area by 
implementing TWIC as described in Sec.  105.255 of this part.
    (b) At MARSEC Level 2, in addition to the requirements of this part 
and MARSEC Level 1 requirements, an owner or operator of a barge 
fleeting facility must ensure security personnel are assigned to monitor 
or patrol the designated restricted area within the barge fleeting 
facility.
    (c) At MARSEC Level 3, in addition to the requirements of this part 
and MARSEC Level 2 requirements, an owner or operator of a barge 
fleeting facility must ensure that both land and waterside perimeters of 
the designated restricted area within the barge fleeting facility are 
continuously monitored or patrolled.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60542, 
Oct. 22, 2003; USCG-2006-24196, 72 FR 3585, Jan. 25, 2007]

    Effective Date Note: By USCG-2007-28915, 81 FR 57713, Aug. 23, 2016, 
Sec.  105.296 was amended in paragraph (a)(4) by removing the words 
``Sec.  105.255 of this part'' and adding, in their place, the words 
``subpart E of part 101 of this subchapter, as applicable, and in 
accordance with the facility's assigned Risk Group, as described in 
Sec.  105.253'', effective Aug. 23, 2018.



              Subpart C_Facility Security Assessment (FSA)



Sec.  105.300  General.

    (a) The Facility Security Assessment (FSA) is a written document 
that is based on the collection of background information, the 
completion of an on-scene survey and an analysis of that information.
    (b) A common FSA may be conducted for more than one similar facility 
provided the FSA reflects any facility-specific characteristics that are 
unique.

[[Page 409]]

    (c) Third parties may be used in any aspect of the FSA if they have 
the appropriate skills and if the Facility Security Officer (FSO) 
reviews and accepts their work.
    (d) Those involved in a FSA must be able to draw upon expert 
assistance in the following areas, as appropriate:
    (1) Knowledge of current security threats and patterns;
    (2) Recognition and detection of dangerous substances and devices;
    (3) Recognition of characteristics and behavioral patterns of 
persons who are likely to threaten security;
    (4) Techniques used to circumvent security measures;
    (5) Methods used to cause a security incident;
    (6) Effects of dangerous substances and devices on structures and 
facility services;
    (7) Facility security requirements;
    (8) Facility and vessel interface business practices;
    (9) Contingency planning, emergency preparedness, and response;
    (10) Physical security requirements;
    (11) Radio and telecommunications systems, including computer 
systems and networks;
    (12) Marine or civil engineering; and
    (13) Facility and vessel operations.



Sec.  105.305  Facility Security Assessment (FSA) requirements.

    (a) Background. The facility owner or operator must ensure that the 
following background information, if applicable, is provided to the 
person or persons who will conduct the assessment:
    (1) The general layout of the facility, including:
    (i) The location of each active and inactive access point to the 
facility;
    (ii) The number, reliability, and security duties of facility 
personnel;
    (iii) Security doors, barriers, and lighting;
    (iv) The location of restricted areas;
    (v) The emergency and stand-by equipment available to maintain 
essential services;
    (vi) The maintenance equipment, cargo spaces, storage areas, and 
unaccompanied baggage storage;
    (vii) Location of escape and evacuation routes and assembly 
stations; and
    (viii) Existing security and safety equipment for protection of 
personnel and visitors;
    (2) Response procedures for fire or other emergency conditions;
    (3) Procedures for monitoring facility and vessel personnel, 
vendors, repair technicians, and dock workers;
    (4) Existing contracts with private security companies and existing 
agreements with local or municipal agencies;
    (5) Procedures for controlling keys and other access prevention 
systems;
    (6) Procedures for cargo and vessel stores operations;
    (7) Response capability to security incidents;
    (8) Threat assessments, including the purpose and methodology of the 
assessment, for the port in which the facility is located or at which 
passengers embark or disembark;
    (9) Previous reports on security needs; and
    (10) Any other existing security procedures and systems, equipment, 
communications, and facility personnel.
    (b) On-scene survey. The facility owner or operator must ensure that 
an on-scene survey of each facility is conducted. The on-scene survey 
examines and evaluates existing facility protective measures, 
procedures, and operations to verify or collect the information required 
in paragraph (a) of this section.
    (c) Analysis and recommendations. In conducting the FSA, the 
facility owner or operator must ensure that the FSO analyzes the 
facility background information and the on-scene survey, and considering 
the requirements of this part, provides recommendations to establish and 
prioritize the security measures that should be included in the FSP. The 
analysis must consider:
    (1) Each vulnerability found during the on-scene survey including 
but not limited to:
    (i) Waterside and shore-side access to the facility and vessel 
berthing at the facility;
    (ii) Structural integrity of the piers, facilities, and associated 
structures;

[[Page 410]]

    (iii) Existing security measures and procedures, including 
identification systems;
    (iv) Existing security measures and procedures relating to services 
and utilities;
    (v) Measures to protect radio and telecommunication equipment, 
including computer systems and networks;
    (vi) Adjacent areas that may be exploited during or for an attack;
    (vii) Areas that may, if damaged or used for illicit observation, 
pose a risk to people, property, or operations within the facility;
    (viii) Existing agreements with private security companies providing 
waterside and shore-side security services;
    (ix) Any conflicting policies between safety and security measures 
and procedures;
    (x) Any conflicting facility operations and security duty 
assignments;
    (xi) Any enforcement and personnel constraints;
    (xii) Any deficiencies identified during daily operations or 
training and drills; and
    (xiii) Any deficiencies identified following security incidents or 
alerts, the report of security concerns, the exercise of control 
measures, or audits;
    (2) Possible security threats, including but not limited to:
    (i) Damage to or destruction of the facility or of a vessel moored 
at the facility;
    (ii) Hijacking or seizure of a vessel moored at the facility or of 
persons on board;
    (iii) Tampering with cargo, essential equipment or systems, or 
stores of a vessel moored at the facility;
    (iv) Unauthorized access or use including the presence of stowaways;
    (v) Smuggling dangerous substances and devices to the facility;
    (vi) Use of a vessel moored at the facility to carry those intending 
to cause a security incident and their equipment;
    (vii) Use of a vessel moored at the facility as a weapon or as a 
means to cause damage or destruction;
    (viii) Impact on the facility and its operations due to a blockage 
of entrances, locks, and approaches; and
    (ix) Use of the facility as a transfer point for nuclear, 
biological, radiological, explosive, or chemical weapons;
    (3) Threat assessments by Government agencies;
    (4) Vulnerabilities, including human factors, in the facility's 
infrastructure, policies and procedures;
    (5) Any particular aspects of the facility, including the vessels 
using the facility, which make it likely to be the target of an attack;
    (6) Likely consequences in terms of loss of life, damage to 
property, and economic disruption, including disruption to 
transportation systems, of an attack on or at the facility; and
    (7) Locations where access restrictions or prohibitions will be 
applied for each MARSEC Level.
    (d) FSA report. (1) The facility owner or operator must ensure that 
a written FSA report is prepared and included as part of the FSP. The 
report must contain:
    (i) A summary of how the on-scene survey was conducted;
    (ii) A description of existing security measures, including 
inspection, control and monitoring equipment, personnel identification 
documents and communication, alarm, lighting, access control, and 
similar systems;
    (iii) A description of each vulnerability found during the on-scene 
survey;
    (iv) A description of security measures that could be used to 
address each vulnerability;
    (v) A list of the key facility operations that are important to 
protect; and
    (vi) A list of identified weaknesses, including human factors, in 
the infrastructure, policies, and procedures of the facility.
    (2) A FSA report must describe the following elements within the 
facility:
    (i) Physical security;
    (ii) Structural integrity;
    (iii) Personnel protection systems;
    (iv) Procedural policies;
    (v) Radio and telecommunication systems, including computer systems 
and networks;
    (vi) Relevant transportation infrastructure; and
    (vii) Utilities.

[[Page 411]]

    (3) The FSA report must list the persons, activities, services, and 
operations that are important to protect, in each of the following 
categories:
    (i) Facility personnel;
    (ii) Passengers, visitors, vendors, repair technicians, vessel 
personnel, etc.;
    (iii) Capacity to maintain emergency response;
    (iv) Cargo, particularly dangerous goods and hazardous substances;
    (v) Delivery of vessel stores;
    (vi) Any facility security communication and surveillance systems; 
and
    (vii) Any other facility security systems, if any.
    (4) The FSA report must account for any vulnerabilities in the 
following areas:
    (i) Conflicts between safety and security measures;
    (ii) Conflicts between duties and security assignments;
    (iii) The impact of watch-keeping duties and risk of fatigue on 
facility personnel alertness and performance;
    (iv) Security training deficiencies; and
    (v) Security equipment and systems, including communication systems.
    (5) The FSA report must discuss and evaluate key facility measures 
and operations, including:
    (i) Ensuring performance of all security duties;
    (ii) Controlling access to the facility, through the use of 
identification systems or otherwise;
    (iii) Controlling the embarkation of vessel personnel and other 
persons and their effects (including personal effects and baggage 
whether accompanied or unaccompanied);
    (iv) Procedures for the handling of cargo and the delivery of vessel 
stores;
    (v) Monitoring restricted areas to ensure that only authorized 
persons have access;
    (vi) Monitoring the facility and areas adjacent to the pier; and
    (vii) The ready availability of security communications, 
information, and equipment.
    (e) The FSA, FSA report, and FSP must be protected from unauthorized 
access or disclosure.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60542, 
Oct. 22, 2003]



Sec.  105.310  Submission requirements.

    (a) A completed FSA report must be submitted with the Facility 
Security Plan required in Sec.  105.410 of this part.
    (b) A facility owner or operator may generate and submit a report 
that contains the Facility Security Assessment for more than one 
facility subject to this part, to the extent that they share 
similarities in design and operations, if authorized and approved by the 
cognizant COTP.
    (c) The FSA must be reviewed and validated, and the FSA report must 
be updated each time the FSP is submitted for reapproval or revisions.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60542, 
Oct. 22, 2003]



                 Subpart D_Facility Security Plan (FSP)



Sec.  105.400  General.

    (a) The Facility Security Officer (FSO) must ensure a Facility 
Security Plan (FSP) is developed and implemented for each facility for 
which he or she is designated as FSO. The FSP:
    (1) Must identify the FSO by name and position, and provide 24-hour 
contact information;
    (2) Must be written in English;
    (3) Must address each vulnerability identified in the Facility 
Security Assessment (FSA);
    (4) Must describe security measures for each MARSEC Level; and
    (5) May cover more than one facility to the extent that they share 
similarities in design and operations, if authorized and approved by the 
cognizant COTP.
    (b) The FSP must be submitted for approval to the cognizant COTP in 
a written or electronic format. Information for submitting the FSP 
electronically can be found at https://homeport.uscg.mil/cgi-bin/st/
portal/uscg--docs

/MyCG/Editorial/20090220/FSP--Submissi--

FAQ05DEC.pdf?id=00388e15db7e7bf4b1fc3

556059dac7c3e063b57&user--id=c5535d249

7d5d673ff261157e034a1ea.
    (c) The FSP is sensitive security information and must be protected 
in accordance with 49 CFR part 1520.
    (d) If the FSP is kept in an electronic format, procedures must be 
in place to

[[Page 412]]

prevent its unauthorized deletion, destruction, or amendment.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60542, 
Oct. 22, 2003; USCG-2013-0397, 78 FR 39173, July 1, 2013]



Sec.  105.405  Format and content of the Facility Security Plan (FSP).

    (a) A facility owner or operator must ensure that the FSP consists 
of the individual sections listed in this paragraph (a). If the FSP does 
not follow the order as it appears in the list, the facility owner or 
operator must ensure that the FSP contains an index identifying the 
location of each of the following sections:
    (1) Security administration and organization of the facility;
    (2) Personnel training;
    (3) Drills and exercises;
    (4) Records and documentation;
    (5) Response to change in MARSEC Level;
    (6) Procedures for interfacing with vessels;
    (7) Declaration of Security (DoS);
    (8) Communications;
    (9) Security systems and equipment maintenance;
    (10) Security measures for access control, including designated 
public access areas;
    (11) Security measures for restricted areas;
    (12) Security measures for handling cargo;
    (13) Security measures for delivery of vessel stores and bunkers;
    (14) Security measures for monitoring;
    (15) Security incident procedures;
    (16) Audits and security plan amendments;
    (17) Facility Security Assessment (FSA) report; and
    (18) Facility Vulnerability and Security Measures Summary (Form CG-
6025) in appendix A to part 105-Facility Vulnerability and Security 
Measures Summary (CG-6025).
    (b) The FSP must describe in detail how the requirements of subpart 
B of this part will be met. FSPs that have been approved by the Coast 
Guard prior to March 26, 2007, do not need to be amended to describe 
their TWIC procedures until the next regularly scheduled resubmission of 
the FSP.
    (c) The Facility Vulnerability and Security Measures Summary (Form 
CG-6025) must be completed using information in the FSA concerning 
identified vulnerabilities and information in the FSP concerning 
security measures in mitigation of these vulnerabilities.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended by USCG-2006-
24196, 72 FR 3585, Jan. 25, 2007]

    Effective Date Note: By USCG-2007-28915, 81 FR 57713, Aug. 23, 2016, 
Sec.  105.405 was amended by revising paragraph (a)(10) and by removing 
the last sentence of paragraph (b), effective Aug. 23, 2018. For the 
convenience of the user, the revised text is set forth as follows:



Sec.  105.405  Format and content of the Facility Security Plan (FSP).

    (a) * * *
    (10) Security measures for access control, including the facility's 
TWIC Program and designated public access areas;

                                * * * * *



Sec.  105.410  Submission and approval.

    (a) On or before December 31, 2003, the owner or operator of each 
facility currently in operation must either:
    (1) Submit one copy of their Facility Security Plan (FSP) for review 
and approval to the cognizant COTP and a letter certifying that the FSP 
meets applicable requirements of this part; or
    (2) If intending to operate under an Approved Alternative Security 
Program, a letter signed by the facility owner or operator stating which 
approved Alternative Security Program the owner or operator intends to 
use.
    (b) Owners or operators of facilities not in service on or before 
December 31, 2003, must comply with the requirements in paragraph (a) of 
this section 60 days prior to beginning operations or by December 31, 
2003, whichever is later.
    (c) The cognizant COTP will examine each submission for compliance 
with this part and either:
    (1) Approve it and specify any conditions of approval, returning to 
the submitter a letter stating its acceptance and any conditions;
    (2) Return it for revision, returning a copy to the submitter with 
brief descriptions of the required revisions; or

[[Page 413]]

    (3) Disapprove it, returning a copy to the submitter with a brief 
statement of the reasons for disapproval.
    (d) An FSP may be submitted and approved to cover more than one 
facility where they share similarities in design and operations, if 
authorized and approved by each cognizant COTP.
    (e) Each facility owner or operator that submits one FSP to cover 
two or more facilities of similar design and operation must address 
facility-specific information that includes the design and operational 
characteristics of each facility and must complete a separate Facility 
Vulnerability and Security Measures Summary (Form CG-6025), in Appendix 
A to Part 105--Facility Vulnerability and Security Measures Summary (CG-
6025), for each facility covered by the plan.
    (f) A FSP that is approved by the cognizant COTP is valid for five 
years from the date of its approval.

[USCG-2003-14732, 68 FR 39322, July 1, 2003; 68 FR 41916, July 16, 2003, 
as amended at 68 FR 60542, Oct. 22, 2003; USCG-2004-19963, 70 FR 74669, 
Dec. 16, 2005; USCG-2013-0397, 78 FR 39173, July 1, 2013]

    Effective Date Note: By USCG-2007-28915, 81 FR 57713, Aug. 23, 2016, 
Sec.  105.410 was amended in paragraph (a) introductory text, by 
removing the words ``On or before December 31, 2003, the'' and adding, 
in their place, the word ``The''; and in paragraph (b), by removing the 
words ``or by December 31, 2003, whichever is later'', effective Aug. 
23, 2018.



Sec.  105.415  Amendment and audit.

    (a) Amendments. (1) Amendments to a Facility Security Plan (FSP) 
that is approved by the cognizant COTP may be initiated by:
    (i) The facility owner or operator; or
    (ii) The cognizant COTP upon a determination that an amendment is 
needed to maintain the facility's security. The cognizant COTP, who will 
give the facility owner or operator written notice and request that the 
facility owner or operator propose amendments addressing any matters 
specified in the notice. The facility owner or operator will have at 
least 60 days to submit its proposed amendments. Until amendments are 
approved, the facility owner or operator shall ensure temporary security 
measures are implemented to the satisfaction of the COTP.
    (2) Proposed amendments must be submitted to the cognizant COTP. If 
initiated by the facility owner or operator, the proposed amendment must 
be submitted at least 30 days before the amendment is to take effect 
unless the cognizant COTP allows a shorter period. The cognizant COTP 
will approve or disapprove the proposed amendment in accordance with 
Sec.  105.410 of this subpart.
    (3) Nothing in this section should be construed as limiting the 
facility owner or operator from the timely implementation of such 
additional security measures not enumerated in the approved FSP as 
necessary to address exigent security situations. In such cases, the 
owner or operator must notify the cognizant COTP by the most rapid means 
practicable as to the nature of the additional measures, the 
circumstances that prompted these additional measures, and the period of 
time these additional measures are expected to be in place.
    (4) If there is a change in the owner or operator, the Facility 
Security Officer (FSO) must amend the FSP to include the name and 
contact information of the new facility owner or operator and submit the 
affected portion of the FSP for review and approval in accordance with 
Sec.  105.410 if this subpart.
    (b) Audits. (1) The FSO must ensure an audit of the FSP is performed 
annually, beginning no later than one year from the initial date of 
approval, and attach a letter to the FSP certifying that the FSP meets 
the applicable requirements of this part.
    (2) The FSP must be audited if there is a change in the facility's 
ownership or operator, or if there have been modifications to the 
facility, including but not limited to physical structure, emergency 
response procedures, security measures, or operations.
    (3) Auditing the FSP as a result of modifications to the facility 
may be limited to those sections of the FSP affected by the facility 
modifications.
    (4) Unless impracticable due to the size and nature of the company 
or the facility, personnel conducting internal audits of the security 
measures specified in the FSP or evaluating its implementation must:

[[Page 414]]

    (i) Have knowledge of methods for conducting audits and inspections, 
and security, control, and monitoring techniques;
    (ii) Not have regularly assigned security duties; and
    (iii) Be independent of any security measures being audited.
    (5) If the results of an audit require amendment of either the FSA 
or FSP, the FSO must submit, in accordance with Sec.  105.410 of this 
subpart, the amendments to the cognizant COTP for review and approval no 
later than 30 days after completion of the audit and a letter certifying 
that the amended FSP meets the applicable requirements of this part.

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60542, 
Oct. 22, 2003]

[[Page 415]]



    Sec. Appendix A to Part 105--Facility Vulnerability and Security 
                     Measures Summary (Form CG-6025)
[GRAPHIC] [TIFF OMITTED] TR22OC03.000


[[Page 416]]


[GRAPHIC] [TIFF OMITTED] TR01JY03.002


[[Page 417]]


[GRAPHIC] [TIFF OMITTED] TN01JY03.003


[[Page 418]]


[GRAPHIC] [TIFF OMITTED] TN01JY03.004


[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60543, 
Oct. 22, 2003]



PART 106_MARINE SECURITY: OUTER CONTINENTAL SHELF (OCS) FACILITIES
--Table of Contents



                            Subpart A_General

Sec.
106.100 Definitions.
106.105 Applicability.
106.110 Compliance dates.
106.115 Compliance documentation.
106.120 Noncompliance.
106.125 Waivers.
106.130 Equivalents.
106.135 Alternative Security Program.
106.140 Maritime Security (MARSEC) Directive.
106.145 Right to appeal.

 Subpart B_Outer Continental Shelf (OCS) Facility Security Requirements

106.200 Owner or operator.
106.205 Company Security Officer (CSO).
106.210 Facility Security Officer (FSO).
106.215 Company or OCS facility personnel with security duties.
106.220 Security training for all other OCS facility personnel.
106.225 Drill and exercise requirements.
106.230 OCS facility recordkeeping requirements.

[[Page 419]]

106.235 Maritime Security (MARSEC) Level coordination and 
          implementation.
106.240 Communications.
106.245 Procedures for interfacing with vessels.
106.250 Declaration of Security (DoS).
106.255 Security systems and equipment maintenance.
106.258 Risk Group classification for OCS facilities.
106.260 Security measures for access control.
106.262 Security measures for newly-hired employees.
106.265 Security measures for restricted areas.
106.270 Security measures for delivery of stores and industrial 
          supplies.
106.275 Security measures for monitoring.
106.280 Security incident procedures.

  Subpart C_Outer Continental Shelf (OCS) Facility Security Assessment 
                                  (FSA)

106.300 General.
106.305 Facility Security Assessment (FSA) requirements.
106.310 Submission requirements.

  Subpart D_Outer Continental Shelf (OCS) Facility Security Plan (FSP)

106.400 General.
106.405 Format and Content of the Facility Security Plan (FSP).
106.410 Submission and approval.
106.415 Amendment and audit.

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 
191; 33 CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; Department Of 
Homeland Security Delegation No. 0170.1.

    Source: USCG-2003-14759, 68 FR 39345, July 1, 2003, unless otherwise 
noted.



                            Subpart A_General



Sec.  106.100  Definitions.

    Except as specifically stated in this subpart, the definitions in 
part 101 of this subchapter apply to this part.



Sec.  106.105  Applicability.

    (a) The requirements in this part apply to owners and operators of 
any fixed or floating facility, including MODUs not subject to part 104 
of this subchapter, operating on the Outer Continental Shelf (OCS) of 
the United States for the purposes of engaging in the exploration, 
development, or production of oil, natural gas, or mineral resources 
that are regulated by 33 CFR subchapter N, that meet the following 
operating conditions:
    (1) Hosts more than 150 persons for 12 hours or more in each 24-hour 
period continuously for 30 days or more;
    (2) Produces greater than 100,000 barrels of oil per day; or
    (3) Produces greater than 200 million cubic feet of natural gas per 
day.
    (b) The TWIC requirements found in this part do not apply to 
mariners employed aboard vessels moored at U.S. OCS facilities only when 
they are working immediately adjacent to their vessels in the conduct of 
vessel activities.

[USCG-2003-14759, 68 FR 39345, July 1, 2003, as amended by USCG-2006-
24196, 72 FR 55048, Sept. 28, 2007]



Sec.  106.110  Compliance dates.

    (a) On or before December 31, 2003, OCS facility owners or operators 
must submit to the cognizant District Commander for each OCS facility--
    (1) The Facility Security Plan described in subpart D of this part 
for review and approval; or
    (2) If intending to operate under an approved Alternative Security 
Program, a letter signed by the OCS facility owner or operator stating 
which approved Alternative Security Program the owner or operator 
intends to use.
    (b) On or before July 1, 2004, each OCS facility owner or operator 
must be operating in compliance with this part.
    (c) OCS facilities built on or after July 1, 2004, must submit for 
approval an FSP 60 days prior to beginning operations.
    (d) Persons required to obtain a TWIC under this part may enroll 
beginning after the date set by the Coast Guard in a Notice to be 
published in the Federal Register. This notice will be directed to all 
facilities and vessels within a specific COTP zone.
    (e) Facility owners or operators must be operating in accordance 
with the TWIC provisions in this part by the date set by the Coast Guard 
in a Notice to be published in the Federal Register. This Notice will be 
published at least 90 days before compliance must begin, and will be 
directed to all facilities within a specific Captain of the Port zone, 
based on whether enrollment has been completed in that zone.

[[Page 420]]

Unless an earlier compliance date is specified in this manner, all 
facility owner or operators will need to implement their TWIC provisions 
no later than April 15, 2009.

[USCG-2003-14759, 68 FR 39345, July 1, 2003, as amended at 68 FR 60557, 
Oct. 22, 2003; USCG-2006-24196, 72 FR 3585, Jan. 25, 2007; 73 FR 25565, 
May 7, 2008]

    Effective Date Note: By USCG-2007-28915, 81 FR 57713, Aug. 23, 2016, 
Sec.  106.110 was revised, effective Aug. 23, 2018. For the convenience 
of the user, the revised text is set forth as follows:



Sec.  106.110  Compliance dates.

    (a) OCS facility owners or operators must submit to the cognizant 
District Commander for each OCS facility--
    (1) The Facility Security Plan described in subpart D of this part 
for review and approval; or
    (2) If intending to operate under an approved Alternative Security 
Program, a letter signed by the OCS facility owner or operator stating 
which approved Alternative Security Program the owner or operator 
intends to use.
    (b) OCS facilities built on or after July 1, 2004 must submit a 
Facility Security Plan for approval 60 days prior to beginning 
operations.



Sec.  106.115  Compliance documentation.

    Each OCS facility owner or operator subject to this part must ensure 
before July 1, 2004, that copies of the following documentation are 
available at the OCS facility and are made available to the Coast Guard 
upon request:
    (a) The approved Facility Security Plan (FSP) and any approved 
revisions or amendments thereto, and a letter of approval from the 
cognizant District Commander dated within the last 5 years;
    (b) The FSP submitted for approval and current written 
acknowledgment from the cognizant District Commander, stating that the 
Coast Guard is currently reviewing the FSP submitted for approval and 
that the OCS facility may continue to operate so long as the OCS 
facility remains in compliance with the submitted FSP; or
    (c) For OCS facilities operating under a Coast Guard-approved 
Alternative Security Program as provided in Sec.  106.135, a copy of the 
Alternative Security Program the OCS facility is using, including a 
facility specific security assessment report generated under the 
Alternative Security Program, as specified in Sec.  101.120(b)(3) of 
this subchapter, and a letter signed by the OCS facility owner or 
operator, stating which Alternative Security Program the OCS facility is 
using and certifying that the OCS facility is in full compliance with 
that program.

[USCG-2003-14759, 68 FR 39345, July 1, 2003, as amended at 68 FR 60558, 
Oct. 22, 2003]

    Effective Date Note: By USCG-2007-28915, 81 FR 57713, Aug. 23, 2016, 
Sec.  106.115 was amended by removing the words ``before July 1, 2004,'' 
from the introductory text, effective Aug. 23, 2018.



Sec.  106.120  Noncompliance.

    When an OCS facility must temporarily deviate from the requirements 
of this part, the OCS facility owner or operator must notify the 
cognizant District Commander, and either suspend operations or request 
and receive permission from the District Commander to continue 
operating.

[USCG-2003-14759, 68 FR 60558, Oct. 22, 2003]



Sec.  106.125  Waivers.

    Any OCS facility owner or operator may apply for a waiver of any 
requirement of this part that the OCS facility owner or operator 
considers unnecessary in light of the nature or operating conditions of 
the OCS facility. A request for a waiver must be submitted in writing 
with justification to the cognizant District Commander. The cognizant 
District Commander may require the OCS facility owner or operator to 
provide additional data for use in determining the validity of the 
requested waiver. The cognizant District Commander may grant a waiver, 
in writing, with or without conditions only if the waiver will not 
reduce the overall security of the OCS facility, its personnel, or 
visiting vessels.



Sec.  106.130  Equivalents.

    For any measure required by this part, the OCS facility owner or 
operator may propose an equivalent, as provided in Sec.  101.130 of this 
subchapter.

[[Page 421]]



Sec.  106.135  Alternative Security Program.

    An OCS facility owner or operator may use an Alternative Security 
Program approved under Sec.  101.120 of this subchapter if:
    (a) The Alternative Security Program is appropriate to that OCS 
facility;
    (b) The OCS facility does not serve vessels on international 
voyages; and
    (c) The Alternative Security Program is implemented in its entirety.



Sec.  106.140  Maritime Security (MARSEC) Directive.

    All OCS facility owners or operators subject to this part must 
comply with any instructions contained in a MARSEC Directive issued 
under Sec.  101.405 of this subchapter.



Sec.  106.145  Right to appeal.

    Any person directly affected by a decision or action taken under 
this part, by or on behalf of the Coast Guard, may appeal as described 
in Sec.  101.420 of this subchapter.



 Subpart B_Outer Continental Shelf (OCS) Facility Security Requirements



Sec.  106.200  Owner or operator.

    (a) Each OCS facility owner or operator must ensure that the OCS 
facility operates in compliance with the requirements of this part.
    (b) For each OCS facility, the OCS facility owner or operator must:
    (1) Define the security organizational structure for each OCS 
facility and provide each person exercising security duties or 
responsibilities within that structure the support needed to fulfill 
those obligations;
    (2) Designate in writing, by name or title, a Company Security 
Officer (CSO) and a Facility Security Officer (FSO) for each OCS 
facility and identify how those officers can be contacted at any time;
    (3) Ensure that a Facility Security Assessment (FSA) is conducted;
    (4) Ensure the development and submission for approval of a Facility 
Security Plan (FSP);
    (5) Ensure that the OCS facility operates in compliance with the 
approved FSP;
    (6) Ensure that the TWIC program is properly implemented as set 
forth in this part, including:
    (i) Ensuring that only individuals who hold a TWIC and are 
authorized to be in the secure area are permitted to escort; and
    (ii) Identifying what action is to be taken by an escort, or other 
authorized individual, should individuals under escort engage in 
activities other than those for which escorted access was granted.
    (7) Ensure that adequate coordination of security issues takes place 
between OCS facilities and vessels, including the execution of a 
Declaration of Security (DoS) as required by this part;
    (8) Ensure, within 12 hours of notification of an increase in MARSEC 
Level, implementation of the additional security measures required by 
the FSP for the new MARSEC Level;
    (9) Ensure all breaches of security and security incidents are 
reported in accordance with part 101 of this subchapter;
    (10) Ensure consistency between security requirements and safety 
requirements;
    (11) Inform OCS facility personnel of their responsibility to apply 
for and maintain a TWIC, including the deadlines and methods for such 
applications, and of their obligation to inform TSA of any event that 
would render them ineligible for a TWIC, or which would invalidate their 
existing TWIC;
    (12) Ensure that protocols consistent with Sec.  106.260(c) of this 
part, for dealing with individuals requiring access who report a lost, 
damaged, or stolen TWIC, or who have applied for and not yet received a 
TWIC, are in place; and
    (13) If applicable, ensure that protocols consistent with Sec.  
106.262 of this part, for dealing with newly hired employees who have 
applied for and not yet received a TWIC, are in place.

[USCG-2003-14759, 68 FR 39345, July 1, 2003, as amended at 68 FR 60558, 
Oct. 22, 2003; USCG-2006-24196, 72 FR 3585, Jan. 25, 2007]

    Effective Date Note: By USCG-2007-28915, 81 FR 57713, Aug. 23, 2016, 
Sec.  106.200 was amended as follows, effective Aug. 23, 2018.

[[Page 422]]

    a. In paragraph (b)(6) introductory text, removing the word 
``program'' and adding, in its place, the word ``Program'', and removing 
the word ``part'' and adding, in its place, the word ``subchapter'';
    b. In paragraph (b)(8), removing the word ``Level'' wherever it 
appears and adding, in each place, the word ``level'';
    c. In paragraph (b)(9), after the word ``with'', adding the words 
``the requirements in''; and
    d. In paragraph (b)(12), removing the words ``Sec.  106.260(c) of 
this part'' and adding, in their place, the words ``Sec.  101.550 of 
this subchapter''.



Sec.  106.205  Company Security Officer (CSO).

    (a) General. (1) An OCS facility owner or operator may designate a 
single CSO for all its OCS facilities to which this part applies, or may 
designate more than one CSO, in which case the owner or operator must 
clearly identify the OCS facilities for which each CSO is responsible.
    (2) A CSO may perform other duties within the owner's or operator's 
organization, including the duties of a Facility Security Officer, 
provided he or she is able to perform the duties and responsibilities 
required of the CSO.
    (3) The CSO may delegate duties required by this part, but remains 
responsible for the performance of those duties.
    (4) The CSO must maintain a TWIC.
    (b) Qualifications. The CSO must have general knowledge, through 
training or equivalent job experience, in the following:
    (1) Security administration and organization of the OCS facility;
    (2) OCS facility and vessel operations and conditions;
    (3) OCS facility and vessel security measures including the meaning 
and consequential requirements of the different MARSEC Levels;
    (4) Emergency preparedness and response and contingency planning;
    (5) Security equipment and systems and their operational 
limitations;
    (6) Methods of conducting audits, inspection, control, and 
monitoring; and
    (7) Techniques for security training and education, including 
security measures and procedures.
    (c) In addition to the knowledge and training in paragraph (b) of 
this section, the CSO must have general knowledge, through training or 
equivalent job experience, in the following, as appropriate:
    (1) Relevant international conventions, codes, and recommendations;
    (2) Relevant government legislation and regulations;
    (3) Responsibilities and functions of other security organizations;
    (4) Methodology of Facility Security Assessment.
    (5) Methods of OCS facility security surveys and inspections;
    (6) Handling sensitive security information (SSI) and security 
related communications;
    (7) Knowledge of current security threats and patterns;
    (8) Recognition and detection of dangerous substances and devices;
    (9) Recognition of characteristics and behavioral patterns of 
persons who are likely to threaten security;
    (10) Techniques used to circumvent security measures;
    (11) Methods of physical screening and non-intrusive inspections; 
and
    (12) Conducting and assessing security drills and exercises.
    (13) Knowledge of TWIC requirements.
    (d) Responsibilities. In addition to any other duties required by 
this part, for each OCS facility for which the CSO is responsible, the 
CSO must:
    (1) Keep the OCS facility apprised of potential threats or other 
information relevant to its security;
    (2) Ensure that a Facility Security Assessment (FSA) is carried out 
in compliance with this part;
    (3) Ensure that a Facility Security Plan (FSP) is developed, 
approved, maintained, and implemented in compliance with this part;
    (4) Ensure that the FSP is modified when necessary to comply with 
this part;
    (5) Ensure that OCS facility security activities are audited in 
compliance with this part;
    (6) Ensure the timely correction of problems identified by audits or 
inspections;
    (7) Enhance security awareness and vigilance within the owner's or 
operator's organization;

[[Page 423]]

    (8) Ensure relevant personnel receive adequate security training in 
compliance with this part;
    (9) Ensure communication and cooperation between the OCS facility 
and vessels that interface with it, in compliance with this part;
    (10) Ensure consistency between security requirements and safety 
requirements in compliance with this part;
    (11) Ensure that if a common FSP is prepared for more than one 
similar OCS facility, the FSP reflects any OCS facility specific 
characteristics; and
    (12) Ensure compliance with an Alternative Security Program or 
equivalents approved under this subchapter, if appropriate.
    (13) Ensure the TWIC program is being properly implemented.

[USCG-2003-14759, 68 FR 39345, July 1, 2003; 68 FR 41917, July 16, 2003, 
as amended at 68 FR 60558, Oct. 22, 2003; USCG-2006-24196, 72 FR 3585, 
Jan. 25, 2007]



Sec.  106.210  OCS Facility Security Officer (FSO).

    (a) General. (1) The FSO may perform other duties within the owner's 
or operator's organization, provided he or she is able to perform the 
duties and responsibilities required of the FSO of each such OCS 
facility.
    (2) The same person may serve as the FSO for more than one OCS 
facility, provided the facilities are within a reasonable proximity to 
each other. If a person serves as the FSO for more than one OCS 
facility, the name of each OCS facility for which he or she is the FSO 
must be listed in the Facility Security Plan (FSP) of each OCS facility 
for which he or she is the FSO.
    (3) The FSO may assign security duties to other OCS facility 
personnel; however, the FSO remains responsible for these duties.
    (4) The FSO must maintain a TWIC.
    (b) Qualifications. The FSO must have general knowledge, through 
training or equivalent job experience, in the following:
    (1) Those items listed in Sec.  106.205(b), and as appropriate Sec.  
106.205(c), of this part;
    (2) OCS facility layout;
    (3) The FSP and related procedures; and
    (4) Operation, testing and maintenance of security equipment and 
systems.
    (c) Responsibilities. In addition to any other responsibilities 
specified elsewhere in this part, the FSO must, for each OCS facility 
for which he or she has been designated:
    (1) Regularly inspect the OCS facility to ensure that security 
measures are maintained in compliance with this part;
    (2) Ensure the maintenance of and supervision of the implementation 
of the FSP, and any amendments to the FSP, in compliance with this part;
    (3) Ensure the coordination and handling of stores and industrial 
supplies in compliance with this part;
    (4) Where applicable, propose modifications to the FSP to the 
Company Security Officer (CSO);
    (5) Ensure that any problems identified during audits or inspections 
are reported to the CSO, and promptly implement any corrective actions;
    (6) Ensure security awareness and vigilance on board the OCS 
facility;
    (7) Ensure adequate security training for OCS facility personnel in 
compliance with this part;
    (8) Ensure the reporting and recording of all security incidents in 
compliance with this part;
    (9) Ensure the coordinated implementation of the FSP with the CSO;
    (10) Ensure that security equipment is properly operated, tested, 
calibrated and maintained in compliance with this part;
    (11) Ensure consistency between security requirements and the proper 
treatment of OCS facility personnel affected by those requirements;
    (12) Ensure that occurrences that threaten the security of the OCS 
facility are recorded and reported to the CSO;
    (13) Ensure that when changes in the MARSEC Level are attained they 
are recorded and reported to the CSO, OCS facility owner or operator, 
and the cognizant District Commander; and
    (14) Have prompt access to a copy of the FSA, along with an approved 
copy of the FSP.

[[Page 424]]

    (15) Ensure the TWIC program is properly implemented.

[USCG-2003-14759, 68 FR 39345, July 1, 2003, as amended by USCG-2006-
24196, 72 FR 3585, Jan. 25, 2007]



Sec.  106.215  Company or OCS facility personnel with security duties.

    Company and OCS facility personnel responsible for security duties 
must maintain a TWIC, and must have knowledge, through training or 
equivalent job experience, in the following, as appropriate:
    (a) Knowledge of current and anticipated security threats and 
patterns.
    (b) Recognition and detection of dangerous substances and devices;
    (c) Recognition of characteristics and behavioral patterns of 
persons who are likely to threaten security;
    (d) Recognition of techniques used to circumvent security measures;
    (e) Security related communications;
    (f) Knowledge of emergency procedures and contingency plans;
    (g) Operation of security equipment and systems;
    (h) Testing, calibration, and maintenance of security equipment and 
systems;
    (i) Inspection, control, and monitoring techniques;
    (j) Methods of physical screenings of persons, personal effects, 
stores and industrial supplies;
    (k) Familiarity with all relevant aspects of the TWIC program and 
how to carry them out;
    (l) Relevant provisions of the Facility Security Plan (FSP); and
    (m) The meaning and the consequential requirements of the different 
MARSEC Levels.

[USCG-2003-14759, 68 FR 39345, July 1, 2003; 68 FR 41917, July 16, 2003, 
as amended by USCG-2006-24196, 72 FR 3586, Jan. 25, 2007]



Sec.  106.220  Security training for all other OCS facility personnel.

    All other OCS facility personnel, including contractors, whether 
part-time, full-time, temporary, or permanent, must have knowledge, 
through training or equivalent job experience, of the following, as 
appropriate:
    (a) Relevant provisions of the Facility Security Plan (FSP);
    (b) The meaning and the consequential requirements of the different 
MARSEC Levels including emergency procedures and contingency plans;
    (c) Recognition and detection of dangerous substances and devices;
    (d) Recognition of characteristics and behavioral patterns of 
persons who are likely to threaten security; and
    (e) Recognition of techniques used to circumvent security measures.
    (f) Familiarity with all relevant aspects of the TWIC program and 
how to carry them out.

[USCG-2003-14759, 68 FR 39345, July 1, 2003, as amended at 68 FR 60558, 
Oct. 22, 2003; USCG-2006-24196, 72 FR 3586, Jan. 25, 2007]



Sec.  106.225  Drill and exercise requirements.

    (a) General. (1) Drills and exercises must test the proficiency of 
facility personnel in assigned security duties at all MARSEC Levels and 
the effective implementation of the Facility Security Plan (FSP). They 
must enable the Facility Security Officer (FSO) to identify any related 
security deficiencies that need to be addressed.
    (2) A drill or exercise required by this section may be satisfied 
with the implementation of security measures required by the FSP as the 
result of an increase in the MARSEC Level, provided the FSO reports 
attainment to the cognizant District Commander.
    (b) Drills. (1) From the date of the FSP approval, the FSO must 
ensure that at least one security drill is conducted every 3 months. 
Security drills may be held in conjunction with non-security drills, 
where appropriate.
    (2) Drills must test individual elements of the FSP, including 
response to security threats and incidents. Drills should take into 
account the types of operations of the OCS facility, OCS facility 
personnel changes, the types of vessels calling at the OCS facility, and 
other relevant circumstances. Examples of drills include unauthorized 
entry to a restricted area, response to alarms, and notification of 
appropriate authorities.
    (3) If a vessel is conducting operations with the OCS facility on 
the date the OCS facility has planned to conduct any drills, the OCS 
facility may include, but cannot require, the

[[Page 425]]

vessel or vessel personnel to participate in the OCS facility's 
scheduled drill.
    (c) Exercises. (1) From the date of the FSP approval, exercises must 
be conducted at least once each calendar year, with no more than 18 
months between exercises.
    (2) Exercises may be:
    (i) Full scale or live;
    (ii) Tabletop simulation;
    (iii) Combined with other appropriate exercises held; or
    (iv) A combination of the elements in paragraphs (c)(2)(i) through 
(iii) of this section.
    (3) Exercises may be facility-specific or part of a cooperative 
exercise program.
    (4) Each exercise must test communication and notification 
procedures, and elements of coordination, resource availability, and 
response.
    (5) Exercises are a full test of the Facility Security Plan and must 
include substantial and active participation of relevant company and OCS 
facility personnel, and may include governmental authorities and vessels 
depending on the scope and the nature of the exercise.

[USCG-2003-14759, 68 FR 39345, July 1, 2003, as amended at 68 FR 60558, 
Oct. 22, 2003]



Sec.  106.230  OCS facility recordkeeping requirements.

    (a) Unless otherwise specified in this section, the Facility 
Security Officer (FSO) must keep records of the activities as set out in 
paragraph (b) of this section for at least 2 years and make them 
available to the Coast Guard upon request.
    (b) Records required by this section may be kept in electronic 
format. If kept in an electronic format, they must be protected against 
unauthorized access, deletion, destruction, amendment, and disclosure. 
The following records must be kept:
    (1) Training. For training under Sec.  106.215, the date of each 
session, duration of session, a description of the training, and a list 
of attendees;
    (2) Drills and exercises. For each drill or exercise, the date held, 
a description of the drill or exercise, a list of participants, and any 
best practices or lessons learned which may improve the FSP;
    (3) Incidents and breaches of security. Date and time of occurrence, 
location within the OCS facility, a description of the incident or 
breach, the identity of the individual to whom it was reported, and a 
description of the response;
    (4) Changes in MARSEC Levels. Date and time of the notification 
received, and the time of compliance with additional requirements;
    (5) Maintenance, calibration, and testing of security equipment. For 
each occurrence of maintenance, calibration, and testing, record the 
date and time, and the specific security equipment involved;
    (6) Security threats. Date and time of occurrence, how the threat 
was communicated, who received or identified the threat, a description 
of the threat, to whom it was reported, and a description of the 
response;
    (7) Declaration of Security (DoS). A copy of each DoS for at least 
90 days after the end of its effective period; and
    (8) Annual audit of the Facility Security Plan (FSP). For each 
annual audit, a letter certified by the FSO stating the date the audit 
was conducted.

[USCG-2003-14759, 68 FR 39345, July 1, 2003, as amended at 68 FR 60558, 
Oct. 22, 2003]



Sec.  106.235  Maritime Security (MARSEC) Level coordination and
implementation.

    (a) The OCS facility owner or operator must ensure the OCS facility 
operates in compliance with the security requirements in this part for 
the MARSEC Level in effect for the OCS facility.
    (b) When notified of an increase in the MARSEC Level, the OCS 
facility owner or operator must ensure:
    (1) Vessels conducting operations with the OCS facility and vessels 
scheduled to arrive at the OCS facility within 96 hours of the MARSEC 
Level change are notified of the new MARSEC Level and the Declaration of 
Security (DoS), if applicable, is revised as necessary;
    (2) The OCS facility complies with the required additional security 
measures within 12 hours; and
    (3) The OCS facility reports compliance or noncompliance to the 
cognizant District Commander.

[[Page 426]]

    (c) For MARSEC Levels 2 and 3, the Facility Security Officer (FSO) 
must inform all OCS facility personnel about identified threats, 
emphasize reporting procedures, and stress the need for increased 
vigilance.
    (d) An OCS facility owner or operator whose facility is not in 
compliance with the requirements of this section must so inform the 
cognizant District Commander and obtain approval prior to interfacing 
with another vessel or prior to continuing operations.

[USCG-2003-14759, 68 FR 39345, July 1, 2003; 68 FR 41917, July 16, 2003]



Sec.  106.240  Communications.

    (a) The Facility Security Officer (FSO) must have a means to 
effectively notify OCS facility personnel of changes in security 
conditions at the OCS facility.
    (b) Communication systems and procedures must allow effective and 
continuous communications between the OCS facility security personnel, 
vessels interfacing with the OCS facility, the cognizant District 
Commander, and national and local authorities with security 
responsibilities.
    (c) Facility communications systems must have a backup means for 
both internal and external communications.

[USCG-2003-14759, 68 FR 39345, July 1, 2003; 68 FR 41917, July 16, 2003]



Sec.  106.245  Procedures for interfacing with vessels.

    The OCS facility owner or operator must ensure that there are 
measures for interfacing with vessels at all MARSEC Levels.



Sec.  106.250  Declaration of Security (DoS).

    (a) Each OCS facility owner or operator must ensure procedures are 
established for requesting a DoS and for handling DoS requests from 
vessels.
    (b) At MARSEC Level 1, owners or operators of OCS facilities 
interfacing with a manned vessel carrying Certain Dangerous Cargoes, in 
bulk, must:
    (1) Prior to the arrival of a vessel to the OCS facility, ensure the 
Facility Security Officer (FSO) and Master, Vessel Security Officer 
(VSO), or their designated representatives coordinate security needs and 
procedures, and agree upon the contents of a DoS for the period of time 
the vessel is at the OCS facility; and
    (2) Upon the arrival of the vessel at the OCS facility, the FSO and 
Master, VSO, or their designated representatives, must sign the written 
DoS.
    (c) Neither the OCS facility nor the vessel may embark or disembark 
personnel, or transfer stores or industrial supplies until the DoS has 
been signed.
    (d) At MARSEC Levels 2 and 3, the FSOs of OCS facilities interfacing 
with manned vessels subject to part 104 of this chapter, or their 
designated representatives, must sign and implement DoSs as required in 
paragraphs (b)(1) and (b)(2) of this section.
    (e) At MARSEC Levels 1 and 2, FSOs of OCS facilities that frequently 
interface with the same vessel may implement a continuing DoS for 
multiple visits, provided that:
    (1) The DoS is valid for a specific MARSEC Level;
    (2) The effective period at MARSEC Level 1 does not exceed 90 days; 
and
    (3) The effective period at MARSEC Level 2 does not exceed 30 days.
    (f) When the MARSEC Level increases beyond that contained in the 
DoS, the continuing DoS is void and a new DoS must be executed in 
accordance with this section.

[USCG-2003-14759, 68 FR 39345, July 1, 2003; 68 FR 41917, July 16, 2003, 
as amended at 68 FR 60558, Oct. 22, 2003]



Sec.  106.255  Security systems and equipment maintenance.

    (a) Security systems and equipment must be in good working order and 
inspected, tested, calibrated, and maintained according to 
manufacturers' recommendations.
    (b) Security systems must be regularly tested in accordance with the 
manufacturers' recommendations; noted deficiencies corrected promptly; 
and the results recorded as required in Sec.  106.230(b)(5) of this 
part.
    (c) The Facility Security Plan (FSP) must include procedures for 
identifying and responding to security system and equipment failures or 
malfunctions.

[[Page 427]]



Sec.  106.258  Risk Group classification for OCS facilities.

    For the purposes of this subchapter, no OCS facilities are 
considered Risk Group A.

[USCG-2007-28915, 81 FR 57713, Aug. 23, 2016]

    Effective Date Note: By USCG-2007-28915, 81 FR 57713, Aug. 23, 2016, 
Sec.  106.258 was added, effective Aug. 23, 2018.



Sec.  106.260  Security measures for access control.

    (a) General. The OCS facility owner or operator must ensure the 
implementation of security measures to:
    (1) Deter the unauthorized introduction of dangerous substances and 
devices, including any device intended to damage or destroy persons, 
vessels, or the OCS facility;
    (2) Secure dangerous substances and devices that are authorized by 
the OCS facility owner or operator to be on board;
    (3) Control access to the OCS facility; and
    (4) Prevent an unescorted individual from entering the OCS facility 
unless the individual holds a duly issued TWIC and is authorized to be 
on the OCS facility.
    (b) The OCS facility owner or operator must ensure that the 
following are specified:
    (1) All locations providing means of access to the OCS facility 
where access restrictions or prohibitions are applied for each security 
level to prevent unauthorized access, including those points where TWIC 
access control procedures will be applied;
    (2) The identification of the types of restriction or prohibition to 
be applied and the means of enforcing them;
    (3) The means used to establish the identity of individuals not in 
possession of a TWIC and the means by which they will be allowed access 
to the OCS facility; and
    (4) Procedures for identifying authorized and unauthorized persons 
at any MARSEC level.
    (c) The OCS facility owner or operator must ensure that a TWIC 
program is implemented as follows:
    (1) All persons seeking unescorted access to secure areas must 
present their TWIC for inspection before being allowed unescorted 
access, in accordance with Sec.  101.514 of this subchapter. Inspection 
must include:
    (i) A match of the photo on the TWIC to the individual presenting 
the TWIC;
    (ii) Verification that the TWIC has not expired; and
    (iii) A visual check of the various security features present on the 
card to determine whether the TWIC has been tampered with or forged.
    (2) If an individual cannot present a TWIC because it has been lost, 
damaged or stolen, and he or she has previously been granted unescorted 
access to the facility and is known to have had a valid TWIC, the 
individual may be given unescorted access to secure areas for a period 
of no longer than seven consecutive calendar days if:
    (i) The individual has reported the TWIC as lost, damaged or stolen 
to TSA as required in 49 CFR 1572.19(f);
    (ii) The individual can present another identification credential 
that meets the requirements of Sec.  101.515 of this subchapter; and
    (iii) There are no other suspicious circumstances associated with 
the individual's claim of loss or theft.
    (3) If an individual cannot present his or her TWIC for any other 
reason than outlined in paragraph (c)(2) of this section, he or she may 
not be granted unescorted access to the secure area. The individual must 
be under escort, as that term is defined in part 101 of this subchapter, 
at all times when inside of a secure area.
    (4) With the exception of persons granted access according to 
paragraph (c)(2) of this section, all persons granted unescorted access 
to secure areas of the facility must be able to produce his or her TWIC 
upon request.
    (5) There must be disciplinary measures in place to prevent fraud 
and abuse.
    (6) The facility's TWIC program should be coordinated, when 
practicable, with identification and TWIC access control measures of 
vessels or other transportation conveyances that use the facility.
    (d) If the OCS facility owner or operator uses a separate 
identification system, ensure that it is coordinated with identification 
and TWIC systems in

[[Page 428]]

place on vessels conducting operations with the OCS facility.
    (e) The OCS facility owner or operator must establish in the 
approved Facility Security Plan (FSP) the frequency of application of 
any access controls, particularly if they are to be applied on a random 
or occasional basis.
    (f) MARSEC Level 1. The OCS facility owner or operator must ensure 
the following security measures are implemented at the facility:
    (1) Implement TWIC as set out in paragraph (c) of this section.
    (2) Screen persons and personal effects going aboard the OCS 
facility for dangerous substances and devices at the rate specified in 
the approved FSP;
    (3) Conspicuously post signs that describe security measures 
currently in effect and clearly stating that:
    (i) Boarding an OCS facility is deemed valid consent to screening or 
inspection; and
    (ii) Failure to consent or submit to screening or inspection will 
result in denial or revocation of authorization to be on board;
    (4) Check the identification of any person seeking to board the OCS 
facility, including OCS facility employees, passengers and crews of 
vessels interfacing with the OCS facility, vendors, and visitors and 
ensure that non-TWIC holders are denied unescorted access to the OCS 
facility;
    (5) Deny or revoke a person's authorization to be on board if the 
person is unable or unwilling, upon the request of OCS facility 
personnel or a law enforcement officer, to establish his or her identity 
in accordance with this part or to account for his or her presence on 
board. Any such incident must be reported in compliance with this part;
    (6) Deter unauthorized access to the OCS facility;
    (7) Identify access points that must be secured or attended to deter 
unauthorized access;
    (8) Lock or otherwise prevent access to unattended spaces that 
adjoin areas to which OCS facility personnel and visitors have access;
    (9) Ensure OCS facility personnel are not required to engage in or 
be subjected to screening, of the person or of personal effects, by 
other OCS facility personnel, unless security clearly requires it;
    (10) Provide a designated secure area on board, or in liaison with a 
vessel interfacing with the OCS facility, for conducting inspections and 
screening of people and their personal effects; and
    (11) Respond to the presence of unauthorized persons on board.
    (g) MARSEC Level 2. In addition to the security measures required 
for MARSEC Level 1 in this section, at MARSEC Level 2, the OCS facility 
owner or operator must ensure the implementation of additional security 
measures, as specified for MARSEC Level 2 in the approved FSP. These 
additional security measures may include:
    (1) Increasing the frequency and detail of screening of people and 
personal effects embarking onto the OCS facility as specified for MARSEC 
Level 2 in the approved FSP;
    (2) Assigning additional personnel to patrol deck areas during 
periods of reduced OCS facility operations to deter unauthorized access;
    (3) Limiting the number of access points to the OCS facility by 
closing and securing some access points; or
    (4) Deterring waterside access to the OCS facility, which may 
include, providing boat patrols.
    (h) MARSEC Level 3. In addition to the security measures required 
for MARSEC Level 1 and MARSEC Level 2, at MARSEC level 3, the facility 
owner or operator must ensure the implementation of additional security 
measures, as specified for MARSEC Level 3 in their approved FSP. The 
additional security measures may include:
    (1) Screening all persons and personal effects for dangerous 
substances and devices;
    (2) Being prepared to cooperate with responders;
    (3) Limiting access to the OCS facility to a single, controlled 
access point;
    (4) Granting access to only those responding to the security 
incident or threat thereof;
    (5) Suspending embarkation and/or disembarkation of personnel;
    (6) Suspending the loading of stores or industrial supplies;

[[Page 429]]

    (7) Evacuating the OCS facility; or
    (8) Preparing for a full or partial search of the OCS facility.

[USCG-2006-24196, 72 FR 3586, Jan. 25, 2007]

    Effective Date Note: By USCG-2007-28915, 81 FR 57713, Aug. 23, 2016, 
Sec.  106.260 was amended as follows, effective Aug. 23, 2018.
    a. Removing paragraphs (c) and (d);
    b. Redesignating paragraphs (e) through (h) as (c) through (f), 
respectively;
    c. Revising newly redesignated paragraph (d)(1);
    d. In newly redesignated paragraph (e)(3), removing the word ``or'';
    e. In newly redesignated paragraph (e)(4), removing the symbol ``.'' 
and adding, in its place, the word ``; or'';
    f. Adding paragraph (e)(5);
    g. In newly redesignated paragraph (f)(7), removing the word ``or'';
    h. In newly redesignated paragraph (f)(8), removing the symbol ``.'' 
and adding, in its place, the word ``; or''; and
    i. Adding paragraph (f)(9).
For the convenience of the user, the added and revised text is set forth 
as follows:



Sec.  106.260  Security measures for access control.

                                * * * * *

    (d) * * *
    (1) Implement TWIC as set out in subpart E of part 101 of this 
subchapter and in accordance with the OCS facility's assigned Risk 
Group, as set out in Sec.  106.258.

                                * * * * *

    (e) * * *
    (5) Implementing additional electronic TWIC inspection requirements, 
as required by Sec.  106.258, and by subpart E of part 101 of this 
subchapter.
    (f) * * *
    (9) Implementing additional electronic TWIC inspection requirements, 
as required by Sec.  106.258, and by subpart E of part 101 of this 
subchapter.



Sec.  106.262  Security measures for newly-hired employees.

    (a) Newly-hired OCS facility employees may be granted entry to 
secure areas of the OCS facility for up to 30 consecutive calendar days 
prior to receiving their TWIC provided all of the requirements in 
paragraph (b) of this section are met, and provided that the new hire is 
accompanied by an individual with a TWIC while within the secure areas 
of the OCS facility. If TSA does not act upon a TWIC application within 
30 days, the cognizant Coast Guard COTP may further extend access to 
secure areas for another 30 days. The Coast Guard will determine 
whether, in particular circumstances, certain practices meet the 
condition of a new hire being accompanied by another individual with a 
TWIC. The Coast Guard will issue guidance for use in making these 
determinations.
    (b) Newly-hired OCS facility employees may be granted the access 
provided for in paragraph (a) of this section if:
    (1) The new hire has applied for a TWIC in accordance with 49 CFR 
part 1572 by completing the full enrollment process, paying the user 
fee, and is not currently engaged in a waiver or appeal process. The OCS 
facility owner or operator or Facility Security Officer (FSO) must have 
th enew hire sign a statement affirming this, and must retain the signed 
statement until the new hire receives a TWIC;
    (2) The OCS facility owner or operator or the FSO enters the 
following information on the new hire into the Coast Guard's Homeport 
Web site (http://homeport.uscg.mil):
    (i) Full legal name, including middle name if one exists;
    (ii) Date of birth;
    (iii) Social security number (optional);
    (iv) Employer name and 24 hour contact information; and
    (v) Date of TWIC enrollment.
    (3) The new hire presents an identification credential that meets 
the requirements of Sec.  101.515 of this subchapter;
    (4) There are no other circumstances that would cause reasonable 
suspicion regarding the new hire's ability to obtain a TWIC, and the OCS 
facility owner or operator or FSO have not been informed by the 
cognizant COTP that the individual poses a security threat; and
    (5) There would be an adverse impact to OCS facility operations if 
the new hire is not allowed access.
    (c) This section does not apply to any individual being hired as a 
Company Security Officer or FSO, or any individual being hired to 
perform OCS facility security duties.

[[Page 430]]

    (d) The new hire may not begin working at the OCS facility under the 
provisions of this section until the owner, operator, or FSO receives 
notification, via Homeport or some other means, the new hire has passed 
an initial name check.

[USCG-2006-24196, 72 FR 3587, Jan. 25, 2007]

    Effective Date Note: By USCG-2007-28915, 81 FR 57713, Aug. 23, 2016, 
Sec.  106.262 was amended by removing the last sentence from paragraph 
(a), effective Aug. 23, 2018.



Sec.  106.265  Security measures for restricted areas.

    (a) General. The OCS facility owner or operator must ensure the 
designation of restricted areas in order to:
    (1) Prevent or deter unauthorized access;
    (2) Protect persons authorized to be in the OCS facility;
    (3) Protect the OCS facility;
    (4) Protect vessels using and serving the OCS facility;
    (5) Protect sensitive security areas within the OCS facility;
    (6) Protect security and surveillance equipment and systems; and
    (7) Protect stores and industrial supplies from tampering.
    (b) Designation of restricted areas. The OCS facility owner or 
operator must ensure restricted areas are designated within the OCS 
facility. They must also ensure that all restricted areas are clearly 
marked and indicate that access to the area is restricted and that 
unauthorized presence within the area constitutes a breach of security. 
The OCS facility owner or operator may designate the entire OCS facility 
as a restricted area. Restricted areas must include, as appropriate:
    (1) Areas containing sensitive security information;
    (2) Areas containing security and surveillance equipment and systems 
and their controls, and lighting system controls; and
    (3) Areas containing critical OCS facility infrastructure equipment, 
including:
    (i) Water supplies;
    (ii) Telecommunications;
    (iii) Power distribution system;
    (iv) Access points for ventilation and air-conditioning systems;
    (v) Manufacturing areas and control rooms;
    (vi) Areas designated for loading, unloading or storage of stores 
and industrial supplies; and
    (vii) Areas containing hazardous materials.
    (c) The OCS facility owner or operator must ensure that the Facility 
Security Plan (FSP) includes measures for restricted areas to:
    (1) Identify which OCS facility personnel are authorized to have 
access;
    (2) Determine which persons other than OCS facility personnel are 
authorized to have access;
    (3) Determine the conditions under which that access may take place;
    (4) Define the extent of any restricted area; and
    (5) Define the times when access restrictions apply.
    (d) MARSEC Level 1. At MARSEC Level 1, the OCS facility owner or 
operator must ensure the implementation of security measures to prevent 
unauthorized access or activities within the area. These security 
measures may include:
    (1) Restricting access to only authorized personnel;
    (2) Securing all access points not actively used and providing 
physical barriers to impede movement through the remaining access 
points;
    (3) Verifying the identification and authorization of all persons 
seeking entry;
    (4) Using security personnel, automatic intrusion detection devices, 
surveillance equipment, or surveillance systems to detect unauthorized 
entry to or movement within restricted areas; or
    (5) Designating temporary restricted areas to accommodate OCS 
facility operations. If temporary restricted areas are designated, the 
FSP must include security requirements to conduct a security sweep of 
the designated temporary restricted areas both before and after the area 
has been established.
    (e) MARSEC Level 2. In addition to the security measures required 
for MARSEC Level 1 in this section, at MARSEC Level 2, the OCS facility 
owner or operator must also ensure the implementation of additional 
security measures, as specified for MARSEC

[[Page 431]]

Level 2 in their approved FSP. These additional security measures may 
include:
    (1) Enhancing the effectiveness of the barriers surrounding 
restricted areas, for example, by the use of patrols or automatic 
intrusion detection devices;
    (2) Reducing the number of access points to restricted areas, and 
enhancing the controls applied at the remaining accesses;
    (3) Further restricting access to the restricted areas and movements 
and storage within them;
    (4) Using continuously monitored and recorded surveillance 
equipment;
    (5) Increasing the number and frequency of patrols, including the 
use of waterborne patrols; or
    (6) Restricting access to areas adjacent to the restricted areas.
    (f) MARSEC Level 3. In addition to the security measures required 
for MARSEC Level 1 and MARSEC Level 2, at MARSEC Level 3, the OCS 
facility owner or operator must ensure the implementation of additional 
security measures, as specified for MARSEC Level 3 in their approved 
FSP. These additional security measures may include:
    (1) Restricting access to additional areas;
    (2) Prohibiting access to restricted areas; or
    (3) Searching restricted areas as part of a security sweep of all or 
part of the OCS facility.

[USCG-2003-14759, 68 FR 39345, July 1, 2003, as amended at 68 FR 60558, 
Oct. 22, 2003]



Sec.  106.270  Security measures for delivery of stores and industrial
supplies.

    (a) General. The OCS facility owner or operator must ensure that 
security measures relating to the delivery of stores or industrial 
supplies to the OCS facility are implemented to:
    (1) Check stores or industrial supplies for package integrity;
    (2) Prevent stores or industrial supplies from being accepted 
without inspection;
    (3) Deter tampering; and
    (4) Prevent stores and industrial supplies from being accepted 
unless ordered. For any vessels that routinely use an OCS facility, an 
OCS facility owner or operator may establish and implement standing 
arrangements between the OCS facility, its suppliers, and any vessel 
delivering stores or industrial supplies regarding notification and the 
timing of deliveries and their documentation.
    (b) MARSEC Level 1. At MARSEC Level 1, the OCS facility owner or 
operator must ensure the implementation of measures to:
    (1) Inspect stores or industrial supplies before being accepted; and
    (2) Check that stores or industrial supplies match the order prior 
to being brought on board.
    (c) MARSEC Level 2. In addition to the security measures required 
for MARSEC Level 1 in this section, at MARSEC Level 2, the OCS facility 
owner or operator must also ensure the implementation of additional 
security measures, as specified for MARSEC Level 2 in the approved 
Facility Security Plan (FSP). These additional security measures may 
include:
    (1) Intensifying inspection of the stores or industrial supplies 
during delivery; or
    (2) Checking stores or industrial supplies prior to receiving them 
on board.
    (d) MARSEC Level 3. In addition to the security measures for MARSEC 
Level 1 and MARSEC Level 2, at MARSEC Level 3, the OCS facility owner or 
operator must ensure the implementation of additional security measures, 
as specified for MARSEC Level 3 in the approved FSP. These additional 
security measures may include:
    (1) Checking all OCS facility stores or industrial supplies more 
extensively;
    (2) Restricting or suspending delivery of stores or industrial 
supplies; or
    (3) Refusing to accept stores or industrial supplies on board.



Sec.  106.275  Security measures for monitoring.

    (a) General. (1) The OCS facility owner or operator must ensure the 
implementation of security measures in this section and have the 
capability to

[[Page 432]]

continuously monitor, through a combination of lighting, watchkeepers, 
security guards, deck watches, waterborne patrols, automatic intrusion-
detection devices, or surveillance equipment as specified in their 
approved Facility Security Plan (FSP), the:
    (i) OCS facility;
    (ii) Restricted areas on board the OCS facility; and
    (iii) The area surrounding the OCS facility.
    (2) The following must be considered when establishing the 
appropriate level and location of lighting:
    (i) OCS facility personnel should be able to detect activities on 
and around OCS facilities;
    (ii) Coverage should facilitate personnel identification at access 
points; and
    (iii) Lighting effects, such as glare, and their impact on safety, 
navigation, and other security activities.
    (b) MARSEC Level 1. At MARSEC Level 1, the OCS facility owner or 
operator must ensure the implementation of security measures, which may 
be implemented in coordination with a vessel interfacing with the OCS 
facility, to:
    (1) Monitor the OCS facility, particularly OCS facility access 
points and restricted areas;
    (2) Be able to conduct emergency searches of the OCS facility;
    (3) Ensure that equipment or system failures or malfunctions are 
identified and corrected;
    (4) Ensure that any automatic intrusion detection device, sets off 
an audible or visual alarm, or both, at a location that is continuously 
attended or monitored; and
    (5) Light deck and OCS facility access points during the period 
between sunset and sunrise and periods of limited visibility 
sufficiently to allow visual identification of persons seeking access to 
the OCS facility.
    (c) MARSEC Level 2. In addition to the security measures required 
for MARSEC Level 1 in this section, at MARSEC Level 2, the OCS facility 
owner or operator must also ensure the implementation of additional 
security measures, as specified for MARSEC Level 2 in the approved FSP. 
These additional security measures may include:
    (1) Increasing the frequency and detail of security patrols;
    (2) Using (if not already in use) or increasing the use of security 
and surveillance equipment;
    (3) Assigning additional personnel as security lookouts; or
    (4) Coordinating with boat patrols, when provided.
    (d) MARSEC Level 3. In addition to the security measures for MARSEC 
Level 1 and MARSEC Level 2, at MARSEC Level 3, the OCS facility owner or 
operator must ensure the implementation of additional security measures, 
as specified for MARSEC Level 3 in the approved FSP. These additional 
security measures may include:
    (1) Cooperating with responders;
    (2) Switching on all lights;
    (3) Switching on all surveillance equipment capable of recording 
activities on, or in the vicinity of, the OCS facility;
    (4) Maximizing the length of time such surveillance equipment (if 
not already in use) can continue to record; or
    (5) Preparing for underwater inspection of the OCS facility.

[USCG-2003-14759, 68 FR 39345, July 1, 2003; 68 FR 41917, July 16, 2003, 
as amended at 68 FR 60558, Oct. 22, 2003]



Sec.  106.280  Security incident procedures.

    For each MARSEC Level, the OCS facility owner or operator must 
ensure the Facility Security Officer (FSO) and OCS facility security 
personnel are able to:
    (a) Respond to security threats or breaches of security and maintain 
critical OCS facility and OCS facility-to-vessel interface operations;
    (b) Deny access to the OCS facility, except to those responding to 
an emergency;
    (c) Evacuate the OCS facility in case of security threats or 
breaches of security; and
    (d) Report security incidents as required in Sec.  101.305 of this 
subchapter;
    (e) Brief all OCS facility personnel on possible threats and the 
need for vigilance, soliciting their assistance in reporting suspicious 
persons, objects, or activities; and

[[Page 433]]

    (f) Secure non-critical operations in order to focus response on 
critical operations.

[USCG-2003-14759, 68 FR 39345, July 1, 2003; 68 FR 41917, July 16, 2003]



  Subpart C_Outer Continental Shelf (OCS) Facility Security Assessment 
                                  (FSA)



Sec.  106.300  General.

    (a) The Facility Security Assessment (FSA) is a written document 
that is based on the collection of background information, the 
completion of an on-scene survey and an analysis of that information.
    (b) A single FSA may be performed and applied to more than one OCS 
facility to the extent they share physical characteristics, location, 
and operations.
    (c) Third parties may be used in any aspect of the FSA if they have 
the appropriate skills and if the Company Security Officer (CSO) reviews 
and accepts their work.
    (d) Those involved in a FSA must be able to draw upon expert 
assistance in the following areas, as appropriate:
    (1) Knowledge of current and anticipated security threats and 
patterns;
    (2) Recognition and detection of dangerous substances and devices;
    (3) Recognition of characteristics and behavioral patterns of 
persons who are likely to threaten security;
    (4) Recognition of techniques used to circumvent security measures;
    (5) Methods used to cause a security incident;
    (6) Effects of dangerous substances and devices on structures and 
essential services;
    (7) OCS facility security requirements;
    (8) OCS facility and vessel interface business practices;
    (9) Contingency planning, emergency preparedness and response;
    (10) Physical security requirements;
    (11) Radio and telecommunications systems, including computer 
systems and networks;
    (12) Marine or civil engineering; and
    (13) OCS facility and vessel operations.



Sec.  106.305  Facility Security Assessment (FSA) requirements.

    (a) Background. The OCS facility owner or operator must ensure that 
the following background information, if applicable, is provided to the 
person or persons who will conduct the assessment:
    (1) The general layout of the OCS facility, including:
    (i) The location of each access point to the OCS facility;
    (ii) The number, reliability, and security duties of OCS facility 
personnel;
    (iii) Security doors, barriers, and lighting;
    (iv) The location of restricted areas;
    (v) The emergency and stand-by equipment available to maintain 
essential services;
    (vi) The essential maintenance equipment and storage areas;
    (vii) Location of escape and evacuation routes and assembly 
stations; and
    (viii) Existing security and safety equipment for protection of 
personnel;
    (2) Response procedures for fire or other emergency conditions;
    (3) Procedures for monitoring OCS facility and vessel personnel;
    (4) Procedures for controlling keys and other access prevention 
systems;
    (5) Response capability for security incidents;
    (6) Threat assessments, including the purpose and methodology of the 
assessment, for the OCS facility's location;
    (7) Previous reports on security needs; and
    (8) Any other existing security procedures and systems, equipment, 
communications, and OCS facility personnel.
    (b) On-scene survey. The OCS facility owner or operator must ensure 
that an on-scene survey of each OCS facility is conducted. The on-scene 
survey examines and evaluates existing OCS facility protective measures, 
procedures, and operations to verify or collect the information required 
in paragraph (a) of this section.
    (c) Analysis and recommendations. In conducting the FSA, the OCS 
owner or operator must ensure that the Company Security Officer (CSO) 
analyzes the OCS facility background information and the on-scene 
survey, and considering the requirements of this part,

[[Page 434]]

provides recommendations to establish and prioritize the security 
measures that should be included in the FSP. The analysis must consider:
    (1) Each vulnerability found during the on-scene survey, including 
but not limited to:
    (i) Access to the OCS facility;
    (ii) Structural integrity of the OCS facility;
    (iii) Existing security measures and procedures, including 
identification systems;
    (iv) Existing security measures and procedures relating to essential 
services;
    (v) Measures to protect radio and telecommunication equipment, 
including computer systems and networks;
    (vi) Existing agreements with private security companies;
    (vii) Any conflicting policies between safety and security measures 
and procedures;
    (viii) Any conflicting OCS facility operations and security duty 
assignments;
    (ix) Any deficiencies identified during daily operations or training 
and drills; and
    (x) Any deficiencies identified following security incidents or 
alerts, the report of security concerns, the exercise of control 
measures, or audits.
    (2) Possible security threats, including but not limited to:
    (i) Damage to or destruction of the OCS facility or of a vessel 
adjacent to the OCS facility;
    (ii) Smuggling dangerous substances and devices;
    (iii) Use of a vessel interfacing with the OCS facility to carry 
those intending to cause a security incident and their equipment;
    (iv) Use of a vessel interfacing with the OCS facility as a weapon 
or as a means to cause damage or destruction; and
    (v) Effects of a nuclear, biological, radiological, explosive, or 
chemical attack to the OCS facility's shoreside support system;
    (3) Threat assessments by Government agencies;
    (4) Vulnerabilities, including human factors, in the OCS facility's 
infrastructure, policies and procedures;
    (5) Any particular aspects of the OCS facility, including the 
vessels that interface with the OCS facility, which make it likely to be 
the target of an attack;
    (6) Likely consequences, in terms of loss of life, damage to 
property, or economic disruption, of an attack on or at the OCS 
facility; and
    (7) Locations where access restrictions or prohibitions will be 
applied for each MARSEC Level.
    (d) FSA Report. (1) The OCS facility owner or operator must ensure 
that a written FSA report is prepared and included as a part of the FSP. 
The report must contain:
    (i) A summary of how the on-scene survey was conducted;
    (ii) A description of existing security measures, including 
inspection, control and monitoring equipment, personnel identification 
documents and communication, alarm, lighting, access control, and 
similar systems;
    (iii) A description of each vulnerability found during the on-scene 
survey;
    (iv) A description of security measures that could be used to 
address each vulnerability;
    (v) A list of the key OCS facility operations that are important to 
protect; and
    (vi) A list of identified weaknesses, including human factors, in 
the infrastructure, policies, and procedures of the OCS facility.
    (2) A FSA report must describe the following elements within the OCS 
facility:
    (i) Physical security;
    (ii) Structural integrity;
    (iii) Personnel protection systems;
    (iv) Procedural policies;
    (v) Radio and telecommunication systems, including computer systems 
and networks; and
    (vi) Essential services.
    (3) The FSA report must list the persons, activities, services, and 
operations that are important to protect, in each of the following 
categories:
    (i) OCS facility personnel;
    (ii) Visitors, vendors, repair technicians, vessel personnel, etc.;
    (iii) OCS facility stores;
    (iv) Any security communication and surveillance systems; and

[[Page 435]]

    (v) Any other security systems, if any.
    (4) The FSA report must account for any vulnerabilities in the 
following areas:
    (i) Conflicts between safety and security measures;
    (ii) Conflicts between personnel duties and security assignments;
    (iii) The impact of watch-keeping duties and risk of fatigue on 
personnel alertness and performance;
    (iv) Security training deficiencies; and
    (v) Security equipment and systems, including communication systems.
    (5) The FSA report must discuss and evaluate key OCS facility 
measures and operations, including--
    (i) Ensuring performance of all security duties;
    (ii) Controlling access to the OCS facility through the use of 
identification systems or otherwise;
    (iii) Controlling the embarkation of OCS facility personnel and 
other persons and their effects (including personal effects and baggage, 
whether accompanied or unaccompanied);
    (iv) Supervising the delivery of stores and industrial supplies;
    (v) Monitoring restricted areas to ensure that only authorized 
persons have access;
    (vi) Monitoring deck areas and areas surrounding the OCS facility; 
and
    (vii) The ready availability of security communications, 
information, and equipment.
    (e) The FSA, FSA report, and FSP must be protected from unauthorized 
access or disclosure.

[USCG-2003-14759, 68 FR 39345, July 1, 2003; 68 FR 41917, July 16, 2003, 
as amended at 68 FR 60558, Oct. 22, 2003]



Sec.  106.310  Submission requirements.

    (a) A completed FSA report must be submitted with the Facility 
Security Plan (FSP) required in Sec.  106.410 of this part.
    (b) An OCS facility owner or operator may generate and submit a 
report that contains the FSA for more than one OCS facility subject to 
this part, to the extent that they share similarities in physical 
characteristics, location and operations.
    (c) The FSA must be reviewed and validated, and the FSA report must 
be updated each time the FSP is submitted for reapproval or revisions.

[USCG-2003-14759, 68 FR 39345, July 1, 2003, as amended at 68 FR 60558, 
Oct. 22, 2003]



  Subpart D_Outer Continental Shelf (OCS) Facility Security Plan (FSP)



Sec.  106.400  General.

    (a) The OCS facility owner or operator must ensure the FSO develops 
and implements a Facility Security Plan (FSP) for each OCS facility for 
which he or she is designated as FSO. The FSP:
    (1) Must identify the FSO by name or position and provide 24-hour 
contact information;
    (2) Must be written in English;
    (3) Must address each vulnerability identified in the Facility 
Security Assessment (FSA);
    (4) Must describe security measures for each MARSEC Level; and
    (5) May cover more than one OCS facility to the extent that they 
share similarities in physical characteristics and operations, if 
authorized and approved by the cognizant District Commander.
    (b) The FSP must be submitted for approval to the cognizant District 
Commander in a written or electronic format in a manner prescribed by 
the cognizant District Commander.
    (c) The FSP is sensitive security information and must be protected 
in accordance with 49 CFR part 1520.
    (d) If the FSP is kept in an electronic format, procedures must be 
in place to prevent its unauthorized deletion, destruction, or 
amendment.



Sec.  106.405  Format and content of the Facility Security Plan (FSP).

    (a) An OCS facility owner or operator must ensure that the FSP 
consists of the individual sections listed in this paragraph (a). If the 
FSP does not follow the order as it appears in this paragraph, the OCS 
facility owner or operator must ensure that the FSP contains an index 
identifying the location of each of the following sections:

[[Page 436]]

    (1) Security organization of the OCS facility;
    (2) Personnel training;
    (3) Drills and exercises;
    (4) Records and documentation;
    (5) Response to change in MARSEC Level;
    (6) Procedures for interfacing with vessels;
    (7) Declaration of Security (DoS);
    (8) Communications;
    (9) Security systems and equipment maintenance;
    (10) Security measures for access control;
    (11) Security measures for restricted areas;
    (12) Security measures for delivery of stores and industrial 
supplies;
    (13) Security measures for monitoring;
    (14) Security incident procedures;
    (15) Audits and FSP amendments; and
    (16) Facility Security Assessment (FSA) report.
    (b) The FSP must describe in detail how the requirements of Subpart 
B of this part will be met. FSPs that have been approved by the Coast 
Guard prior to March 26, 2007 do not need to be amended to describe 
their TWIC procedures until the next regularly scheduled resubmission of 
the FSP.

[USCG-2003-14759, 68 FR 39345, July 1, 2003; 68 FR 41917, July 16, 2003, 
as amended by USCG-2006-24196, 72 FR 3587, Jan. 25, 2007]

    Effective Date Note: By USCG-2007-28915, 81 FR 57713, Aug. 23, 2016, 
Sec.  106.405 was amended by revising paragraph (a)(10) and removing the 
last sentence of paragraph (b), effective Aug. 23, 2018. For the 
convenience of the user, the revised text is set forth as follows:



Sec.  106.405  Format and content of the Facility Security Plan (FSP).

    (a) * * *
    (10) Security measures for access control, including the OCS 
facility's TWIC Program;

                                * * * * *



Sec.  106.410  Submission and approval.

    (a) On or before December 31, 2003, the owner or operator of each 
OCS facility currently in operation must either:
    (1) Submit one copy of the Facility Security Plan (FSP) for review 
and approval to the cognizant District Commander and a letter certifying 
that the FSP meets the applicable requirements of this part; or
    (2) If intending to operate under an Approved Alternative Security 
Program, submit a letter signed by the OCS facility owner or operator 
stating which approved Alternative Security Program the owner or 
operator intends to use.
    (b) Owners or operators of OCS facilities not in service on or 
before December 31, 2003, must comply with the requirements in paragraph 
(a) of this section 60 days prior to beginning operations or by December 
31, 2003, whichever is later.
    (c) The cognizant District Commander will examine each submission 
for compliance with this part and either:
    (1) Approve it and specify any conditions of approval, returning to 
the submitter a letter stating its acceptance and any conditions;
    (2) Return it for revision, returning a copy to the submitter with 
brief descriptions of the required revisions; or
    (3) Disapprove it, returning a copy to the submitter with a brief 
statement of the reasons for disapproval.
    (d) An FSP may be submitted and approved to cover more than one OCS 
facility where they share similarities in physical characteristics, 
location, and operations.
    (e) Each OCS facility owner or operator that submits one FSP to 
cover two or more OCS facilities of similar design, location, and 
operation must address OCS facility-specific information that includes 
the physical and operational characteristics of each OCS facility.
    (f) An FSP that is approved by the cognizant District Commander is 
valid for 5 years from the date of its approval. The cognizant District 
Commander will issue an approval letter, as indicated in Sec.  106.115 
of this part.

[USCG-2003-14759, 68 FR 39345, July 1, 2003, as amended at 68 FR 60558, 
Oct. 22, 2003; USCG-2013-0397, 78 FR 39173, July 1, 2013]

    Effective Date Note: By USCG-2007-28915, 81 FR 57713, Aug. 23, 2016, 
Sec.  106.410 was amended in paragraph (a) introductory text, by 
removing the words ``On or before December 31, 2003, the'' and adding, 
in their place,

[[Page 437]]

the word ``The'' and removing the symbol ``:'' and adding, in its place, 
the symbol ``--''; and in paragraph (b), by removing the words ``or by 
December 31, 2003, whichever is later'', effective Aug. 23, 2018.



Sec.  106.415  Amendment and audit.

    (a) Amendments. (1) Amendments to a Facility Security Plan (FSP) 
that are approved by the cognizant District Commander may be initiated 
by:
    (i) The OCS facility owner or operator; or
    (ii) The cognizant District Commander, upon a determination that an 
amendment is needed to maintain the OCS facility's security. The 
cognizant District Commander will give the OCS facility owner or 
operator written notice and request that the OCS facility owner or 
operator propose amendments addressing any matters specified in the 
notice. The OCS facility owner or operator will have at least 60 days to 
submit its proposed amendments. Until amendments are approved, the OCS 
facility owner or operator shall ensure temporary security measures are 
implemented to the satisfaction of the cognizant District Commander.
    (2) Proposed amendments must be sent to the cognizant District 
Commander. If initiated by the OCS facility owner or operator, the 
proposed amendment must be submitted at least 30 days before the 
amendment is to take effect unless the cognizant District Commander 
allows a shorter period. The cognizant District Commander will approve 
or disapprove the proposed amendment in accordance with Sec.  106.410 of 
this subpart.
    (3) Nothing in this section should be construed as limiting the OCS 
facility owner or operator from the timely implementation of such 
additional security measures not enumerated in the approved FSP as 
necessary to address exigent security situations. In such cases, the 
owner or operator must notify the cognizant District Commander by the 
most rapid means practicable as to the nature of the additional 
measures, the circumstances that prompted these additional measures, and 
the period of time these additional measures are expected to be in 
place.
    (4) If the owner or operator has changed, the Facility Security 
Officer (FSO) must amend the Facility Security Plan (FSP) to include the 
name and contact information of the new OCS facility owner(s) or 
operator(s) and submit the affected portion of the FSP for review and 
approval in accordance with Sec.  106.410 of this subpart.
    (b) Audits. (1) The FSO must ensure an audit of the FSP is performed 
annually, beginning no later than one year from the initial date of 
approval and attach a letter to the FSP certifying that the FSP meets 
the applicable requirements of this part.
    (2) If there is a change in ownership or operations of the OCS 
facility, or if there have been modifications to the OCS facility, the 
FSP must be audited including but not limited to physical structure, 
emergency response procedures, security measures, or operations.
    (3) Auditing the FSP as a result of modifications to the OCS 
facility may be limited to those sections of the FSP affected by the OCS 
facility modifications.
    (4) Unless impracticable due to the size and nature of the company 
or the OCS facility, personnel conducting internal audits of the 
security measures specified in the FSP or evaluating its implementation 
must:
    (i) Have knowledge of methods of conducting audits and inspections, 
and control and monitoring techniques;
    (ii) Not have regularly assigned security duties; and
    (iii) Be independent of any security measures being audited.
    (5) If the results of an audit require an amendment of either the 
Facility Security Assessment (FSA) or FSP, the FSO must submit, in 
accordance with Sec.  106.410 of this subpart, the amendments to the 
cognizant District Commander for review and approval no later than 30 
days after completion of the audit and a letter certifying that the 
amended FSP meets the applicable requirements of this part.

[USCG-2003-14759, 68 FR 39345, July 1, 2003, as amended at 68 FR 60559, 
Oct. 22, 2003]



PART 107_NATIONAL VESSEL AND FACILITY CONTROL MEASURES AND LIMITED 
ACCESS AREAS--Table of Contents



Subpart A [Reserved]

[[Page 438]]

       Subpart B_Unauthorized Entry Into Cuban Territorial Waters

Sec.
107.200 Definitions.
107.205 Purpose and delegation.
107.210 Applicability.
107.215 Regulations.
107.220 Permits.
107.225 Appeals.
107.230 Enforcement.
107.240 Continuation.

    Authority: 50 U.S.C. 191, 192, 194, 195; 14 U.S.C. 141; Presidential 
Proclamation 6867, 61 FR 8843, 3 CFR, 1996 Comp., p. 8; Presidential 
Proclamation 7757, 69 FR 9515 (March 1, 2004); Secretary of Homeland 
Security Order 2004-001; Department of Homeland Security Delegation No. 
0170.1; and 33 CFR 1.05-1.

    Source: Order 2004-001, 69 FR 41372, July 8, 2004, unless otherwise 
noted.

Subpart A [Reserved]



       Subpart B_Unauthorized Entry Into Cuban Territorial Waters



Sec.  107.200  Definitions.

    Unless otherwise specified, as used in this subpart:
    Auxiliary vessel includes every description of watercraft or other 
artificial contrivance used, or capable of being used, as a means of 
transportation on water attached to, or embarked in, another vessel to 
which this subpart applies.
    Cuban territorial waters means the territorial sea and internal 
waters of Cuba determined in accordance with international law.
    Owner, agent, master, officer, or person in charge means the persons 
or entities that maintain operational control over any vessel subject to 
the requirements of this subpart.
    U.S. territorial waters has the same meaning as provided in 50 
U.S.C. 195.
    Vessel includes every description of watercraft or other artificial 
contrivance used, or capable of being used, as a means of transportation 
on water, including auxiliary vessels.
    Vessel of the United States means--
    (1) A vessel documented under chapter 121 of title 46 or a vessel 
numbered as provided in chapter 123 of that title;
    (2) A vessel owned in whole or part by--
    (i) The United States or a territory, commonwealth, or possession of 
the United States;
    (ii) A State or political subdivision thereof;
    (iii) a citizen or national of the United States; or
    (iv) A corporation, partnership, association, trust, joint venture, 
limited liability company, limited liability partnership, or any other 
legal entity, created and authorized to own vessels under the laws of 
the United States or any State, the District of Columbia, or any 
territory, commonwealth, or possession of the United States; unless the 
vessel has been granted the nationality of a foreign nation in 
accordance with article 5 of the 1958 Convention on the High Seas and a 
claim of nationality or registry for the vessel is made by the master or 
individual in charge at the time of the enforcement action by an officer 
or employee of the United States authorized to enforce applicable 
provisions of United States law;
    (3) A vessel that was once documented under the laws of the United 
States and, in violation of the laws of the United States, was either 
sold to a person not a citizen of the United States or placed under 
foreign registry or a foreign flag, whether or not the vessel has been 
granted the nationality of a foreign nation;
    (4) A vessel without nationality as defined in 46 U.S.C. Appendix 
1903(c)(2)-(3); or
    (5) A vessel assimilated to a vessel without nationality, in 
accordance with paragraph (2) of article 6 of the 1958 Convention on the 
High Seas.



Sec.  107.205  Purpose and delegation.

    The purpose of this subpart is to implement Presidential 
Proclamation 7757, and Secretary of Homeland Security Order 2004-001. 
All powers and authorities granted to officers of the Coast Guard by 
this subpart may be delegated to other officers and agents of the Coast 
Guard unless otherwise prohibited by law.



Sec.  107.210  Applicability.

    (a) This subpart applies to:
    (1) Vessels of the United States less than 100 meters (328 feet) in 
length (and all associated auxiliary vessels) and

[[Page 439]]

the owners, agents, masters, officers, persons in charge, and members of 
the crew of such vessels, that depart U.S. territorial waters and 
thereafter enter Cuban territorial waters, regardless of whether such 
entry is made after an intervening entry into, passage through, or 
departure from any other foreign territory or territorial waters;
    (2) Vessels of the United States less than 100 meters (328 feet) in 
length (and all associated auxiliary vessels) and the owners, agents, 
masters, officers, persons in charge, and members of the crew of such 
vessels that are located at or get underway from a berth, pier, mooring, 
or anchorage in U.S. territorial waters, or depart U.S. territorial 
waters with the intent to enter Cuban territorial waters; and
    (3) Any person who knowingly fails to comply with this subpart or 
order given under this subpart, or knowingly obstructs or interferes 
with the exercise of any power conferred by this subpart.
    (b) This subpart does not apply to: Foreign vessels, as defined by 
46 U.S.C. 2101(12), public vessels, as defined by 46 U.S.C. 2101(24) 
operated for non-commercial purposes, or vessels of the United States 
entering Cuban territorial waters under force majeure.



Sec.  107.215  Regulations.

    (a) Each person or vessel to which this subpart applies may not get 
underway or depart from U.S. territorial waters without a written permit 
from the Commander, Seventh Coast Guard District, or the District 
Commander's designee. Permits may be obtained pursuant to the process 
established in Sec.  107.220. The owner, agent, master, or person in 
charge of the vessel must maintain the written permit for the vessel on 
board the vessel.
    (b) Each person or vessel to which this subpart applies must obey 
any oral or written order issued by a Coast Guard Area or District 
Commander, or their designees, who may issue oral or written orders to 
control the anchorage or movement of such vessels and persons. Designees 
include Captains of the Port, and commissioned, warrant and petty 
officers of the Coast Guard.
    (c) No person or vessel to which this subpart applies may obstruct 
or interfere with the exercise of any power conferred by this subpart.
    (d) Coast Guard commissioned, warrant and petty officers may go or 
remain on board a vessel subject to this subpart, may place guards on 
the subject vessel, may remove all persons not specifically authorized 
by the Coast Guard to go or remain on board the subject vessel, and may 
take full or partial possession or control of any such vessel or part 
thereof, or person on board. Such actions to be taken are in the 
discretion of the Coast Guard Area or District Commander, or their 
designees, as deemed necessary to ensure compliance with this subpart 
and any order given pursuant thereto.
    (e) Where there is a reasonable, articulable basis to believe a 
vessel to which this subpart applies intends to enter Cuban territorial 
waters, any Coast Guard commissioned, warrant, or petty officer may 
require the owners, agents, masters, officers, or persons in charge, or 
any member of the crew of any such vessel to provide verbal assurance 
that the vessel will not enter Cuban territorial waters as a condition 
for a vessel to get underway from a berth, pier, mooring, or anchorage 
in U.S. territorial waters, or to depart from U.S. territorial waters. A 
Coast Guard commissioned, warrant, or petty officer may require the 
owners, agents, masters, officers, or persons in charge of the vessel to 
identify all persons on board the vessel and provide verbal assurances 
that all persons on board have received actual notice of these 
regulations. The failure of an owner, agent, master, officer, or person 
in charge, or any member of the crew of any vessel (including all 
auxiliary vessels) to which this subpart applies to provide requested 
verbal assurances shall not be used as the sole basis for seizing the 
vessel for forfeiture under this subpart.
    (f) The provisions of this subpart are in addition to any powers 
conferred by law upon Coast Guard commissioned, warrant, or petty 
officers, and not in limitation of any powers conferred by law or 
regulation upon such officers, or any other officers of the United 
States.



Sec.  107.220  Permits.

    (a) Applications for a permit may be obtained by writing or calling 
the Chief

[[Page 440]]

of Response at Commander, Seventh Coast Guard District (dr), 909 SE 
First Avenue, Miami, FL 33131, telephone (305) 415-6800, or by such 
other means as the District Commander may make available to the public. 
The completed application may be returned via regular mail or facsimile 
to the Chief of Response at Commander, Seventh Coast Guard District 
(dr), 909 SE First Avenue, Miami, FL 33131, facsimile (305) 415-6809, or 
by other means prescribed by the District Commander for the convenience 
of the applicant.
    (b) All applications must be written in English and legible.
    (c) The information and documentation in this paragraph must be 
provided with the application in order for it to be complete and 
considered by the Coast Guard:
    (1) The name, address, and telephone number of the applicant;
    (2) A copy of the valid vessel registration;
    (3) A copy of a valid and applicable license issued to the applicant 
by the U.S. Department of Commerce, Bureau of Industry and Security, 
pursuant to the Export Administration Regulations, 15 CFR chapter VII, 
subchapter C, parts 730-774 for the export of the vessel to Cuba; and
    (4) A copy of a valid and applicable specific license issued by the 
U.S. Department of the Treasury, Office of Foreign Assets Control 
(OFAC), pursuant to the Cuban Assets Control Regulations, 31 CFR part 
515, authorizing the applicant's travel-related transactions in Cuba. 
Applicants who do not require such an OFAC specific license shall make a 
written certification to that effect identifying which OFAC general 
license applies or explaining why no OFAC license is required.
    (d) Such applications must provide the documentation required by 
Sec.  107.220(c) for each person to which this subpart applies on board 
the particular vessel.
    (e) Upon receiving an application for a permit, the Seventh Coast 
Guard District Commander (dr) has ten (10) calendar days from the 
receipt of the application to decide whether the application is complete 
and, if so, whether a permit will be issued or denied. Applicants will 
be notified in writing of the decision to issue or deny a permit. 
Incomplete applications will be returned to the applicant, along with 
the reasons why such application was deemed incomplete.

[Order 2004-001, 69 FR 41372, July 8, 2004, as amended by USCG-2011-
0257, 76 FR 31833, June 2, 2011]



Sec.  107.225  Appeals.

    (a) Upon written notification by the Coast Guard that an application 
has been denied, the applicant may request the Seventh Coast Guard 
District Commander to reconsider. The request to reconsider must be in 
writing, must be made within five (5) business days from the date of 
receipt of the initial denial, and must contain complete supporting 
documentation and evidence which the applicant wishes to have 
considered. Requests for reconsideration must be mailed to Commander, 
Seventh Coast Guard District (d), 909 SE First Avenue, Miami, FL 33131.
    (b) Upon receipt of the request to reconsider, the Seventh Coast 
Guard District Commander may direct a representative to gather and 
submit documentation or other evidence, which, in the judgment of the 
Seventh District Commander, would be necessary or helpful to a 
resolution of the request. If gathered and submitted, a copy of this 
documentation and evidence shall be made available to the applicant. The 
applicant shall be afforded five (5) business days from the date of 
receipt of documentation and evidence gathered by the Seventh Coast 
Guard District Commander's representative to submit rebuttal materials. 
On or before the fifteenth (15th) calendar day following submission of 
all materials, the Seventh Coast Guard District Commander shall issue a 
ruling, in writing, on the request to reconsider. The ruling may reverse 
the initial denial, or, if the denial is upheld, must contain the 
specific basis for denial of the application upon reconsideration.
    (c) The Seventh Coast Guard District Commander's denial of a request 
for reconsideration taken under paragraph (b) of this section 
constitutes final agency action.

[[Page 441]]



Sec.  107.230  Enforcement.

    (a) Unauthorized departure or entry, or both. (1) Vessels and 
persons to whom this subpart applies, as described in Sec.  
107.210(a)(1), that do not comply with Sec.  107.215(a), or any order 
issued pursuant to this subpart may be subject to a civil penalty of not 
more than $25,000 for each day of violation.
    (2) Vessels and persons to whom Sec.  107.230(a)(1) applies shall be 
held to a standard of strict liability for any entry into Cuban 
territorial waters without a permit or for failure to maintain the 
permit for the vessel on board the vessel as required under this 
subpart, except that strict liability will not be imposed if the failure 
to obtain or carry a permit results primarily from an act of war, force 
majeure, or the negligence of the United States.
    (b) Knowing failure to comply. Any person to whom this subpart 
applies as described in Sec. Sec.  107.210(a)(2) or (a)(3) who knowingly 
fails to comply with this subpart or order given under this subpart, or 
knowingly obstructs or interferes with the exercise of any power 
conferred by this subpart may be subject to:
    (1) Imprisonment for not more than 10 years;
    (2) A monetary penalty of not more than $10,000;
    (3) Seizure and forfeiture of the vessel; and
    (4) A civil penalty of not more than $25,000 for each day of 
violation.
    (c) False Statements. Violation of 18 U.S.C. 1001 may result in 
imprisonment for not more than five years or a fine, or both.
    (d) Other enforcement. The civil penalties provided for in this 
subpart are separate from and in addition to any enforcement action that 
any other agency may seek for violations of the statutes and regulations 
administered by such agencies.



Sec.  107.240  Continuation.

    This subpart will continue to be enforced so long as the national 
emergency with respect to Cuba, and the emergency authority relating to 
the regulation of the anchorage and movement of vessels declared in 
Proclamation 6867, and expanded in scope by Proclamation 7757, 
continues.

[[Page 442]]



                         SUBCHAPTER I_ANCHORAGES





PART 109_GENERAL--Table of Contents



Sec.
109.01 Purpose.
109.05 Anchorage grounds.
109.07 Anchorages under Ports and Waterways Safety Act.
109.10 Special anchorage areas.
109.15 Enforcement proceedings.
109.20 Publication; notice of proposed rule making.

    Authority: R.S. 4233, as amended, 28 Stat. 647 as amended, 30 Stat. 
98, as amended, sec. 7, 38 Stat. 1053, as amended, sec. 6(g)(1), 80 
Stat. 940; 33 U.S.C. 180, 258, 322, 471; 49 U.S.C. 1655(g)(1); Pub. L. 
107-296, 116 Stat. 2135; Department of Homeland Security Delegation No. 
0170.1.



Sec.  109.01  Purpose.

    The purpose of the rules and regulations in this subchapter is to 
implement certain laws and set forth the requirements for anchorage 
areas.

[CGFR 67-46, 32 FR 17727, Dec. 12, 1967, as amended by CGD 79-096, 44 FR 
51585, Sept. 4, 1979; USCG-1998-3799, 63 FR 35526, June 30, 1998]



Sec.  109.05  Anchorage grounds.

    (a) Section 7 of the Rivers and Harbors Act of March 4, 1915 (33 
U.S.C. 471), authorizes the establishment of anchorage grounds for 
vessels in navigable waters of the United States whenever it is apparent 
that these are required by the maritime or commercial interests of the 
United States for safe navigation. The statute also authorizes the 
adoption of suitable rules and regulations regarding the establishment 
of anchorage grounds, which are enforced by the Coast Guard. The 
authority conferred by this statute was transferred to and vested in the 
Secretary of Homeland Security by section 902(j) of the Coast Guard and 
Maritime Transportation Act of 2006 (Pub. L. 109-241, 120 Stat. 516), 
and delegated to the Commandant of the U.S. Coast Guard in Department of 
Homeland Security Delegation No. 0170.1. The Commandant redelegated the 
authority to establish anchorage grounds to each Coast Guard District 
Commander as provided in 33 CFR 1.05-1(e)(1)(i).
    (b) District Commanders will, whenever matters relating to the 
anchorage of vessels are under consideration, ascertain the view of the 
District and Division Engineer, Corps of Engineers, U.S. Army, and the 
proper representatives of other departments likely to be interested, 
including the Commandant of the Naval District concerned and the medical 
officer in charge of the quarantine station at localities where 
quarantine anchorages are involved, in order that they may arrange for 
suitable representation at such hearings. The views of the medical 
officer in charge of the quarantine station relating to the proposed 
location and boundaries of the quarantine anchorage will be accepted 
insofar as practicable and consistent with the establishment of other 
anchorage areas. (An Act of Congress approved July 1, 1944, as amended 
(42 U.S.C. 267), authorizes the Surgeon General, with the approval of 
the Secretary of Health, Education, and Welfare, to designate the 
boundaries of the quarantine grounds and quarantine anchorages for 
vessels which are reserved for use at each United States quarantine 
station.) A notice of public hearing concerning changes to the Anchorage 
Regulations will be issued by the District Commander and will be mailed 
to all known interested parties. After providing an opportunity for 
public participation, the District Commander will, if circumstances so 
warrant, issue changes to the Anchorage Regulations, or in appropriate 
cases forward recommendations for such changes to the Commandant.
    (c) As soon as publication has been noted in the Federal Register, 
the District Commander will publish changes to the Anchorage Regulations 
in the Local Notice to Mariners.

(33 U.S.C. 471, 180, 258, 322, and 499; 49 CFR 1.46(c) and 1.45(b))

[CGFR 67-46, 32 FR 17727, Dec. 12, 1967, as amended by CGD 79-096, 44 FR 
51585, Sept. 4, 1979; USCG-1998-3799, 63 FR 35526, June 30, 1998; USCG-
2007-27887, 72 FR 45902, Aug. 16, 2007]

[[Page 443]]



Sec.  109.07  Anchorages under Ports and Waterways Safety Act.

    The provisions of section 4 (a) and (b) of the Ports and Waterways 
Safety Act as delegated to the Commandant of the U.S. Coast Guard in 
Pub. L. 107-296, 116 Stat. 2135, authorize the Commandant to specify 
times of movement within ports and harbors, restrict vessel operations 
in hazardous areas and under hazardous conditions, and direct the 
anchoring of vessels. The sections listed in Sec.  110.1a of this 
subchapter are regulated under the Ports and Waterways Safety Act.

[CGD 3-81-1A, 47 FR 4063, Jan. 28, 1982, as amended by USCG-2003-14505, 
68 FR 9535, Feb. 28, 2003]



Sec.  109.10  Special anchorage areas.

    An Act of Congress of April 22, 1940, provides for the designation 
of special anchorage areas wherein vessels not more than sixty-five feet 
in length, when at anchor, will not be required to carry or exhibit 
anchorage lights. Such designation is to be made after investigation, by 
rule, regulation, or order, the procedure for which will be similar to 
that followed for anchorage grounds under section 7 of the Rivers and 
Harbors Act of March 4, 1915, as referred to in Sec.  109.05. The areas 
so designated should be well removed from the fairways and located where 
general navigation will not endanger or be endangered by unlighted 
vessels. The authority to designate special anchorage areas was 
transferred to and vested in the Secretary of Homeland Security by 
section 902(j) of the Coast Guard and Maritime Transportation Act of 
2006 (Pub. L. 109-241, 120 Stat 516), and delegated to the Commandant of 
the U.S. Coast Guard in Department of Homeland Security Delegation No. 
0170.1. The Commandant redelegated the authority to establish anchorage 
grounds to each Coast Guard District Commander as provided in 33 CFR 
1.05-1(e)(1)(i).

[USCG-2007-27887, 72 FR 45902, Aug. 16, 2007]



Sec.  109.15  Enforcement proceedings.

    Proceedings against a vessel violating the Anchorage Regulations are 
to be brought in the name of the officer of the Coast Guard assigned for 
the time being as Captain of the Port. When the vessel is at a port 
where there is no Coast Guard officer, proceedings will be initiated in 
the name of the District Commander.

[CGFR 67-46, 32 FR 17727, Dec. 12, 1967, as amended by USCG-2007-27887, 
72 FR 45903, Aug. 16, 2007]



Sec.  109.20  Publication; notice of proposed rule making.

    (a) Section 4 of the Administrative Procedure Act (5 U.S.C. 553), 
requires publication of general notice of proposed rule making in the 
Federal Register (unless all persons subject thereto are named and 
either personally served or otherwise have actual notice thereof in 
accordance with law), except to the extent that there is involved (1) 
any military, naval, or foreign affairs function of the United States or 
(2) any matter relating to agency management or personnel or to public 
property, loans, grants, benefits, or contracts. Except where notice or 
hearing is required by statute, this requirement does not apply to 
interpretative rules, general statements of policy, rules of agency 
organization, procedure, or practice, or in any situation in which the 
agency for good cause finds (and incorporates the finding and a brief 
statement of the reasons therefor in the rules issued) that notice and 
public procedure thereon are impracticable, unnecessary, or contrary to 
the public interest.
    (b) General notice of proposed rule making published in accordance 
with the above will include (1) a statement of the time, place, and 
nature of public rule making proceedings; (2) reference to the authority 
under which the rule is proposed; and (3) either the terms or substance 
of the proposed rule or a description of the subjects and issues 
involved.

[CGFR 67-46, 32 FR 17727, Dec. 12, 1967]



PART 110_ANCHORAGE REGULATIONS--Table of Contents



Sec.
110.1 General.
110.1a Anchorages under Ports and Waterways Safety Act.

[[Page 444]]

                    Subpart A_Special Anchorage Areas

110.4 Penobscot Bay, Maine.
110.5 Casco Bay, Maine.
110.6 Portland Harbor, Portland, Maine (between Little Diamond Island 
          and Great Diamond Island).
110.6a Fore River, Portland Harbor, Portland, Maine.
110.8 Lake Champlain, N.Y. and Vt.
110.9 Wells Harbor, Maine.
110.10 Portsmouth Harbor, New Hampshire, north of Newcastle Island.
110.25 Salem Sound, Mass.
110.26 Marblehead Harbor, Marblehead, Mass.
110.27 Lynn Harbor in Broad Sound, Mass.
110.29 Boston Inner Harbor, Mass.
110.30 Boston Harbor, Mass..
110.31 Hull Bay and Allerton Harbor at Hull, Mass.
110.32 Hingham Harbor, Hingham, Mass.
110.37 Sesuit Harbor, Dennis, Mass.
110.38 Edgartown Harbor, Mass.
110.40 Silver Beach Harbor, North Falmouth, Mass.
110.45 Onset Bay, Mass.
110.45a Mattapoisett Harbor, Mattapoisett, Mass.
110.46 Newport Harbor, Newport, R.I.
110.47 Little Narragansett Bay, Watch Hill, R.I.
110.48 Thompson Cove on east side of Pawcatuck River below Westerly, 
          R.I.
110.50 Stonington Harbor, Conn.
110.50a Fishers Island Sound, Stonington, Conn.
110.50b Mystic Harbor, Groton and Stonington, Conn.
110.50c Mumford Cove, Groton, Conn.
110.50d Mystic Harbor, Noank, Conn.
110.51 Groton, Conn.
110.52 Thames River, New London, Conn.
110.53 Niantic, Conn.
110.54 Long Island Sound, on west side of entrance to Pataguanset River, 
          Conn.
110.55 Connecticut River, Conn.
110.55a Five Mile River, Norwalk and Darien, Conn.
110.55b Connecticut River, Old Saybrook, Connecticut.
110.56 Noroton Harbor, Darien, Conn.
110.58 Cos Cob Harbor, Greenwich, Conn.
110.59 Eastern Long Island, NY.
110.60 Captain of the Port, New York.
110.65 Indian River Bay, Del.
110.67 Delaware River, Essington, Pa.
110.70 Chesapeake and Delaware Canal, easterly of Courthouse Point, Md.
110.70a Northeast River, North East, Md.
110.71 Jacobs Nose Cove, Elk River, Md.
110.71a Cabin Creek, Grasonville, Md.
110.71b Wye River, Wye, Md.
110.72 Blackhole Creek, Md.
110.72a Chester River, southeast of Chestertown, Md.
110.72aa Elizabeth River Spectator Vessel Anchorage Areas, between 
          Norfolk and Portsmouth, Virginia.
110.72b St. Simons Island, Ga.
110.72c Lake Murray, S.C.
110.72d Ashley River, SC.
110.73 St. Johns River, Fla.
110.73a Indian River at Sebastian, Fla.
110.73b Indian River at Vero Beach, Fla.
110.73c Okeechobee Waterway, St. Lucie River, Stuart, FL.
110.74 Marco Island, Marco River, Fla.
110.74a Manatee River, Bradenton, Fla.
110.74b Apollo Beach, Fla.
110.74c Bahia de San Juan, PR.
110.75 Corpus Christi Bay, Tex.
110.77 Amistad Reservoir, Tex.
110.77a Duluth-Superior Harbor, Duluth, Minn.
110.77b Madeline Island, WI.
110.78 Sturgeon Bay, Sturgeon Bay, Wis.
110.79a Neenah Harbor, Neenah, Wis.
110.79b Millers Bay, Lake Winnebago, Oshkosh, WI.
110.79c Fish Creek Harbor, Fish Creek, Wisconsin.
110.80 Milwaukee Harbor, Milwaukee, Wis.
110.80a Lake Macatawa, Mich.
110.80b Marquette Harbor, Marquette, Mich.
110.81 Muskegon Lake, Mich.
110.81a Lake Betsie, Frankfort, MI.
110.82 Charlevoix Harbor, Mich.
110.82a Little Traverse Bay, Lake Michigan, Harbor Springs, Mich.
110.83 Chicago Harbor, Ill.
110.83a Cedar Point, Sandusky, Ohio.
110.84 Black Rock Channel opposite foot of Porter Avenue, Buffalo, N.Y.
110.84b Buffalo, N.Y.
110.85 Niagara River, Youngstown, N.Y.
110.86 Sodus Bay, NY.
110.87 Henderson Harbor, N.Y.
110.90 San Diego Harbor, California.
110.91 Mission Bay, Calif.
110.93 Dana Point Harbor, Calif.
110.95 Newport Bay Harbor, Calif.
110.100 Los Angeles and Long Beach Harbors, Calif.
110.111 Marina del Rey Harbor, Calif.
110.115 Santa Barbara Harbor, Calif.
110.120 San Luis Obispo Bay, Calif.
110.125 Morro Bay Harbor, Calif.
110.126 Monterey Harbor, Calif.
110.126a San Francisco Bay, Calif.
110.127 Lake Mohave and Lake Mead, Nevada and Arizona.
110.127a Lake Powell, Utah-Arizona.
110.127b Flaming Gorge Lake, Wyoming-Utah.
110.127c Trinidad Bay, Calif.
110.128 Columbia River at Portland, Oreg.
110.128b Island of Hawaii, Hawaii.
110.128c Island of Kauai, Hawaii.
110.128d Island of Oahu, Hawaii. (Datum: OHD)
110.129a Apra Harbor, Guam. (Datum: WGS 84)

[[Page 445]]

                       Subpart B_Anchorage Grounds

110.130 Bar Harbor, Maine.
110.131 Sheepscot River in the vicinity of Edgecomb, Maine.
110.132 Rockland Harbor, Maine.
110.133 Kennebec River in vicinity of Bath, Maine.
110.134 Portland Harbor, Maine.
110.136 Lake Champlain, NY and VT.
110.138 Boston Harbor, Mass.
110.140 Buzzards Bay, Nantucket Sound, and adjacent waters, Mass.
110.142 Nantucket Harbor, Mass.
110.145 Narragansett Bay, R.I.
110.146 Long Island Sound.
110.147 New London Harbor, Conn.
110.148 Johnsons River at Bridgeport, Conn.
110.149 Narragansett Bay, RI.
110.150 Block Island Sound, N.Y.
110.155 Port of New York.
110.156 Randall Bay, Freeport, Long Island, N.Y.
110.157 Delaware Bay and River.
110.158 Baltimore Harbor, MD.
110.159 Annapolis Harbor, MD.
110.166 York River, Va., naval anchorage.
110.168 Hampton Roads, Virginia, and adjacent waters (Datum: NAD 83).
110.170 Lockwoods Folly Inlet, N.C.
110.173 Port of Charleston, S.C.
110.179 Skidaway River, Isle of Hope, Ga.
110.182 Atlantic Ocean off Fort George Inlet, near Mayport, Fla.
110.183 St. Johns River, Florida.
110.185 Atlantic Ocean, off the Port of Palm Beach, Fla.
110.186 Port Everglades, Florida.
110.188 Atlantic Ocean off Miami and Miami Beach, Fla.
110.189a Key West Harbor, Key West, Fla., naval explosives anchorage 
          area.
110.190 Tortugas Harbor, in vicinity of Garden Key, Dry Tortugas, Fla.
110.193 Tampa Bay, Fla.
110.193a St. Joseph Bay, Fla.
110.194 Mobile Bay, Ala., at entrance.
110.194a Mobile Bay, Ala., and Mississippi Sound, Miss.
110.194b Mississippi Sound and Gulf of Mexico, near Petit Bois Island, 
          Miss.
110.195 Mississippi River below Baton Rouge, LA, including South and 
          Southwest Passes.
110.196 Sabine Pass Channel, Sabine Pass, Tex.
110.197 Galveston Harbor, Bolivar Roads Channel, Texas
110.205 Chicago Harbor, Ill.
110.206 Detroit River, Michigan.
110.207 Cleveland Harbor, Ohio.
110.208 Buffalo Harbor, N.Y.
110.210 San Diego Harbor, CA.
110.214 Los Angeles and Long Beach harbors, California.
110.215 Anaheim Bay Harbor, Calif., U.S. Naval Weapons Station, Seal 
          Beach, Calif.; naval explosives anchorage.
110.216 Pacific Ocean at Santa Catalina Island, Calif.
110.218 Pacific Ocean at San Clemente Island, Calif.; in vicinity of 
          Wilson Cove.
110.220 Pacific Ocean at San Nicolas Island, Calif.; restricted 
          anchorage areas.
110.222 Pacific Ocean at Santa Barbara Island, Calif.
110.224 San Francisco Bay, San Pablo Bay, Carquinez Strait, Suisun Bay, 
          Sacramento River, San Joaquin River, and connecting waters, 
          CA.
110.228 Columbia River, Oregon and Washington.
110.230 Anchorages, Captain of the Port Puget Sound Zone, WA.
110.231 Ketchikan Harbor, Alaska, Large Passenger Vessel Anchorage.
110.232 Southeast Alaska.
110.233 Prince William Sound, Alaska.
110.235 Pacific Ocean (Mamala Bay), Honolulu Harbor, Hawaii (Datum: NAD 
          83).
110.236 Pacific Ocean off Barbers Point, Island of Oahu, Hawaii: 
          Offshore pipeline terminal anchorages.
110.237 Pacific Ocean at Waimea, Hawaii, Naval Anchorage.
110.238 Apra Harbor, Guam.
110.239 Island of Tinian, CNMI.
110.240 San Juan Harbor, P.R.
110.245 Vieques Passage and Vieques Sound, near Vieques Island, P.R.
110.250 St. Thomas Harbor, Charlotte Amalie, V.I.
110.255 Ponce Harbor, P.R.

    Authority: 33 U.S.C. 471, 1221 through 1236, 2071; 33 CFR 1.05-1; 
Department of Homeland Security Delegation No. 0170.1.

    Source: CGFR 67-46, 32 FR 17728, Dec. 12, 1967, unless otherwise 
noted.



Sec.  110.1  General.

    (a) The areas described in subpart A of this part are designated as 
special anchorage areas for the purposes of rule 30 (33 CFR 83.30) and 
rule 35 (33 CFR 83.35) of the Inland Navigation Rules, 33 CFR Chapter I, 
Subchapter E. Vessels of less than 20 meters in length; and barges, 
canal boats, scows, or other nondescript craft, are not required to 
sound signals required by rule 35 of the Inland Navigation Rules. 
Vessels of less than 20 meters are not required to exhibit anchor lights 
or shapes required by rule 30 of the Inland Navigation Rules.
    (b) The anchorage grounds for vessels described in Subpart B of this 
part are

[[Page 446]]

established, and the rules and regulations in relation thereto adopted, 
pursuant to the authority contained in section 7 of the act of March 4, 
1915, as amended (38 Stat. 1053; 33 U.S.C. 471).
    (c) All bearings in the part are referred to true meridian.
    (d) Geographic coordinates expressed in terms of latitude or 
longitude, or both, are not intended for plotting on maps or charts 
whose reference horizontal datum is the North American Datum of 1983 
(NAD 83), unless such geographic coordinates are expressly labeled NAD 
83. Geographic coordinates without the NAD 83 reference may be plotted 
on maps or charts referenced to NAD 83 only after application of the 
appropriate corrections that are published on the particular map or 
chart being used.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD 86-082, 52 FR 
33811, Sept. 8, 1987; USCG-1998-3799, 63 FR 35526, June 30, 1998; USCG-
2014-0410, 79 FR 38432, July 7, 2014]



Sec.  110.1a  Anchorages under Ports and Waterways Safety Act.

    (a) The anchorages listed in this section are regulated under the 
Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.):
    (1) Section 110.155 Port of New York.
    (2) [Reserved]
    (b) [Reserved]

[CGD 3-81-1A, 47 FR 4063, Jan. 28, 1982, as amended by CGD 96-052, 62 FR 
16703, Apr. 8, 1997]



                    Subpart A_Special Anchorage Areas



Sec.  110.4  Penobscot Bay, Maine.

    (a) Rockland Harbor. Beginning at a point bearing 244 deg., 1,715 
yards, from Rockland Breakwater Light; thence 260 deg., 490 yards, to a 
point bearing 248 deg. from Rockland Breakwater Light; thence 350 deg., 
580 yards, to a point bearing 263 deg. from Rockland Breakwater Light; 
thence 83 deg., 480 yards, to a point bearing 263 deg. from Rockland 
Breakwater Light; and thence 169 deg., 550 yards, to the point of 
beginning. This area is limited to vessels no greater than 20 meters in 
length.

    Note to paragraph (a):
    This area is primarily for use by yachts and other recreational 
craft. Temporary floats or buoy for marking the location of the anchor 
may be used. All moorings shall be so placed that no vessel, when 
anchored, shall at any time extend beyond the limits of the area. All 
anchoring in the area shall be under the supervision of the local 
harbormaster or such authority as may be designated by authorities of 
the City of Rockland, Maine. Requests for placement of mooring buoys 
shall be directed to the local government. Fixed mooring piles or stakes 
are prohibited.

    (b) Camden Harbor, Sherman Cove and adjacent waters. (1) Anchorage 
A. All of the waters enclosed by a line beginning at Eaton Point at 
latitude 44 deg.1231" N, longitude 069 deg.0334" W; thence to latitude 
44 deg.1228" N, longitude 069 deg.0333" W; thence to latitude 
44 deg.1232" N, longitude 069 deg.0249" W; thence along the shoreline 
to the point of beginning. DATUM: NAD83
    (2) Anchorage B. All of the waters enclosed by a line beginning at 
Dillingham Point at latitude 44 deg.1212" N, longitude 069 deg.0320" 
W.; thence to latitude 44 deg.1214" N, longitude 069 deg.0258" W.; 
thence to latitude 44 deg.1219" N, longitude 069 deg.0308" W; thence 
to latitude 44 deg.1228" N, longitude 069 deg.0313" W; thence to 
latitude 44 deg.1226" N, longitude 069 deg.0339" W; thence along the 
shoreline to the point of beginning. DATUM: NAD83

    Note to paragraph (b):
    Anchorages A and B are special anchorage areas reserved for yachts 
and other recreational craft. Fore and aft moorings will be allowed in 
this area. Temporary floats or buoys for marking anchors or moorings in 
place will be allowed. Fixed mooring piles or stakes are prohibited. All 
moorings must be so placed that no vessel when anchored is at any time 
extended into the thoroughfare. This is to ensure that a distance of 
approximately 150 feet is left between Anchorages A and B for vessels 
entering or departing from Camden Harbor. All anchoring in the area is 
under the supervision of the local harbor master or such other authority 
as may be designated by the authorities of the Town of Camden, Maine.

    (c) Stonington Harbor, Deer Island Thorofare. (1) Crotch Island. All 
of the waters bound by the following points beginning at the northeast 
shore of Crotch Island located at: latitude 44 deg.0851.0" N, longitude 
068 deg.4006.0" W; thence southerly along the shoreline to latitude 
44 deg.0836.0" N, longitude

[[Page 447]]

068 deg.4007.02" W; thence to latitude 44 deg.0836.0" N, longitude 
068 deg.4004.02" W; thence to latitude 44 deg.0846.98" N, longitude 
068 deg.4000.0" W; thence to latitude 44 deg.0855.02" N, longitude 
068 deg.3949.02" W; thence to latitude 44 deg.0854.0" N, longitude 
068 deg.4006.0" W thence back to origin.
    DATUM: NAD 83.
    (2) [Reserved]

    Note to Sec.  110.4(c):
    An ordinance of the Town of Stonington, Maine requires the approval 
of the Stonington Harbor Master for the location and type of moorings 
placed in these special anchorage areas. All anchoring in the areas are 
under the supervision of the Stonington Harbor Master or other such 
authority as may be designated by the authorities of the Town of 
Stonington, Maine. All moorings are to be so placed that no moored 
vessel will extend beyond the limit of the area.

[CGD01-02-129, 68 FR 44888, July 31, 2003, as amended by CGD01-06-084, 
72 FR 466, Jan. 5, 2007; USCG-2007-0198, 73 FR 38923, July 8, 2008]



Sec.  110.5  Casco Bay, Maine.

    (a) Beals Cove, West side of Orrs Island, Harpswell. The entire cove 
as defined by the shoreline and a line across the entrace bearing 
215 deg. and tangent to the shore on the north side.
    (a-1) Merriconeag Sound, Harpswell. The area comprises that portion 
of the Sound beginning at a point on the shoreline about 1,000 feet 
northeasterly from the southwesterly extremity of Orrs Island at 
latitude 43 deg.4509", longitude 69 deg.5914", thence extending 
290 deg. to a point at latitude 43 deg.4510", longitude 69 deg.5920", 
thence extending 20 deg. to a point at latitude 43 deg.4534", longitude 
69 deg.5905", thence extending 110 deg. to a point on the shoreline at 
latitude 43 deg.4533", longitude 69 deg.5858", thence along the 
shoreline to the point of beginning.

    Note: The area is principally for use by yachts and other 
recreational craft. Fore and aft moorings will be allowed. Temporary 
floats or buoys for marking anchors in place will be allowed. All 
moorings shall be so placed that no vessel, when anchored, shall at any 
time extend beyond the limits of the area. Fixed mooring piles or stakes 
are prohibited. All anchoring in the area shall be under the supervision 
of the local harbor master or such authority as may be designated by 
authorities of the Town of Harpswell, Maine.

    (a-2) Mackerel Cove, Bailey Island, Harpswell. The water area of 
Mackerel Cove lying northeasterly of a line from a point on Abner Point 
at latitude 43 deg.4328" N., longitude 70 deg.0019" W., to a point on 
Bailey Island at latitude 43 deg.4318.2" N., longitude 70 deg.0012.2" 
W.
    (b) Harpswell Harbor, east side of Harpswell Neck, Harpswell. The 
entire area lying westerly of a line bearing 8 deg. from the eastern 
extremity of Stovers Point to the point of land at the northerly end of 
the harbor, said point of land bearing approximately 275 deg. from the 
observatory on Orrs Island.
    (c) Basin Cove, west side of Harpswell Neck, Harpswell. All of the 
area lying northeasterly of a line bearing 350 deg. from the northwest 
corner of the entrance to the cove.
    (c-1) Basin Point, Potts Harbor, east side of Basin Point. The water 
area east of Basin Point enclosed by a line beginning at the 
southernmost extremity of Basin Point at latitude 43 deg.4417" N., 
longitude 70 deg.0236" W.; thence easterly to latitude 43 deg.4417" 
N., longitude 70 deg.0219" W.; thence north northeasterly to a point on 
the shoreline at latitude 43 deg.4443" N., longitude 70 deg.0205" W.; 
thence following the shoreline to the point of beginning.
    (d) Mussel Cove and adjacent waters at Falmouth Foreside, Falmouth. 
All of the waters enclosed by a line beginning at the Dock House (F.S.) 
located at latitude 43 deg.4422" N, longitude 70 deg.1141" W; thence 
to latitude 43 deg.4419" N, longitude 70 deg.1133" W; thence to 
latitude 43 deg.4400" N, longitude 70 deg.1144" W; thence to latitude 
43 deg.4337" N, longitude 70 deg.1137" W; thence to latitude 
43 deg.4304" N, longitude 70 deg.1213" W; thence to latitude 
43 deg.4156" N, longitude 70 deg.1253" W; thence to latitude 
43 deg.4149" N, longitude 70 deg.1305" W; thence to latitude 
43 deg.4211" N, longitude 70 deg.1330" W; thence along the shoreline 
to the point of beginning. DATUM: NAD 83.

    Note to paragraph (d):
    The area designed by paragraph (g) of this section is reserved for 
yachts and other small recreational craft. Fore and aft moorings will be 
allowed in this area. Temporary floats or buoys for marking anchors or 
moorings in place will be allowed. Fixed mooring piles or stakes are 
prohibited. All moorings must be so placed so that no vessel when 
anchored is at any time extended into the thoroughfare. All anchoring in 
the area is under the supervision

[[Page 448]]

of the local harbor master or such other authority as may be designated 
by the authorities of the Town of Falmouth, Maine.

    (e) Harraseeket River. That portion of the Harraseeket River within 
the mean low water lines, between Stockbridge Point and Weston Point, 
excluding therefrom a thoroughfare, 100 feet wide, the center line of 
which follows the natural channel.

    Note: This area is reserved for yachts and other small recreational 
craft. Fore and aft moorings will be allowed in this area. Temporary 
floats or buoys for marking anchors or moorings in place will be 
allowed. Fixed mooring piles or stakes are prohibited. All moorings 
shall be so placed that no vessel when anchored shall at any time extend 
into the thoroughfare. All anchoring in the area shall be under the 
supervision of the local harbor master or such other authority as may be 
designated by the authorities of the Town of Freeport, Maine.

    (f) Yarmouth Harbor and adjacent waters--(1) Littlejohn Island/Doyle 
Point Cousins Island Special Anchorage. All of the waters enclosed by a 
line connecting the following points: Starting from the northernmost 
point of Littlejohn Island at latitude 43 deg.4551.6" N, longitude 
70 deg.0657.0" W; thence to latitude 43 deg.4546.8" N, longitude 
70 deg.0653.4" W; thence to latitude 43 deg.4525.8" N, longitude 
70 deg.0722.8" W; thence to latitude 43 deg.4516.8" N, longitude 
70 deg.0740.8" W; thence to latitude 43 deg.4457.0" N, longitude 
70 deg.0827.0" W; thence to latitude 43 deg.4459.9" N, longitude 
70 deg.0830.0" W. DATUM: NAD 83.
    (2) Madeleine and Sandy Point Special Anchorage. All of the waters 
enclosed by a line connecting the following points: Starting from a 
point northeast of Birch Point on Cousins Island at latitude 
43 deg.4515.1" N, longitude 70 deg.0916.8" W; thence to latitude 
43 deg.4521.0" N, longitude 70 deg.0930.0" W; thence to latitude 
43 deg.4537.8" N, longitude 70 deg.0910.8" W; thence to latitude 
43 deg.4557.0" N, longitude 70 deg.0858.8" W; thence to latitude 
43 deg.4601.3" N, longitude 70 deg.0845.0" W. DATUM: NAD 83.
    (3) Drinkwater Point and Princes Point Special Anchorage. All of the 
waters enclosed by a line connecting the following points: Starting 
south of Drinkwater Point in Yarmouth, Maine at latitude 43 deg.4626.8" 
N, longitude 70 deg.0917.0" W; thence to latitude 43 deg.4621.0" N, 
longitude 70 deg.0909.6" W; thence to latitude 43 deg.4604.2" N, 
longitude 70 deg.0946.2" W; thence to latitude 43 deg.4528.8" N, 
longitude 70 deg.1024.0" W; thence to latitude 43 deg.4543.2" N, 
longitude 70 deg.1024.0" W. DATUM: NAD 83.

    Note to paragraph (f):
    An ordinance of the Town of Yarmouth, Maine requires the approval of 
the Yarmouth Harbor Master for the location and type of moorings placed 
in these special anchorage areas. All anchoring in the areas are under 
the supervision of the Yarmouth Harbor Master or other such authority as 
may be designated by the authorities of the Town of Yarmouth, Maine. All 
moorings are to be so placed that no moored vessel will extend beyond 
the limit of the anchorage area.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967]

    Editorial Note: For Federal Register citations affecting Sec.  
110.5, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec.  110.6  Portland Harbor, Portland, Maine (between Little Diamond
Island and Great Diamond Island).

    Beginning at the southeasterly corner of the wharf, at the most 
southerly point of Great Diamond Island at latitude 43 deg.4013", 
longitude 70 deg.1200"; thence extending southwesterly to the 
northeasterly corner of the wharf on the easterly side of Little Diamond 
Island at latitude 43 deg.4003", longitude 70 deg.1215"; thence 
extending along the northerly side of the wharf to its shoreward end at 
latitude 43 deg.4003", longitude 70 deg.1217"; thence extending along 
the shoreline of Little Diamond Island to latitude 43 deg.4011", 
longitude 70 deg.1220"; thence extending northeasterly to the shoreline 
of the southerly side of Great Diamond Island at latitude 43 deg.4021", 
longitude 70 deg.1206"; thence extending along the shoreline of Great 
Diamond Island to the shoreward end of a wharf at latitude 
43 deg.4015", longitude 70 deg.1202"; thence extending along the 
southwesterly side of the wharf to the point of beginning.

    Note: The area is principally for use by yachts and other 
recreational craft. Temporary floats or buoys for marking anchors will 
be allowed. Fixed mooring piles or stakes are prohibited. The anchoring 
of vessels and placing of temporary moorings will be under the 
jurisdiction, and at the discretion of the local Harbor Master. All 
moorings shall be so placed that no moored vessels will extend beyond 
the limit of the area.

[[Page 449]]



Sec.  110.6a  Fore River, Portland Harbor, Portland, Maine.

    The water area beginning at a point on the shoreline near the Coast 
Guard Base in Position 43-38 43" N and 070-14 49" W; thence 319 to 
position 43-38 55" N, 070-15 03" W; thence 50 to position 43-39 06" N: 
070-14 43" W: thence 161 to mainland; and thence southwesterly along the 
shore to the point of beginning.

[CGD 01-87-02, 52 FR 9829, Mar. 27, 1987]



Sec.  110.8  Lake Champlain, N.Y. and Vt.

    (a) Ticonderoga, N.Y. An area shoreward of a line bearing 312 deg. 
from Ticonderoga Light to the southeast corner of the New York State 
Boat Launching Ramp.
    (b) Essex, N.Y. A small cove at the westerly side of Lake Champlain, 
shoreward of a line connecting the offshore ends of two promontories 
located at Essex.
    (c) Shelburne, Vt. An area shoreward of a line bearing 142 deg. from 
the eastern point of Collymer Pt. to Allen Hill.
    (c-1) Shelburne Bay. Beginning at a point on the shoreline at 
latitude 44 deg.2553.0" N., longitude 73 deg.1447.3" W.; thence north 
to a point at latitude 44 deg.2604.8" N., longitude 73 deg.1446.6" W.; 
thence northwesterly to a point on the shoreline at latitude 
44 deg.2606.9" N., longitude 73 deg.1450.2" W.; thence along the 
shoreline to the point of beginning.
    (c-2) Shelburne Bay Allen Hill to La Platte River. That portion of 
the waters of Shelburne Bay west of the line from a point at Allen Hill 
at latitude 44 deg.2435" N., longitude 73 deg.1414" W.; to a point 
near the mouth of the La Platte River at latitude 44 deg.2403" N., 
longitude 73 deg.1405" W.

    Note: The anchoring of vessels and placement of temporary moorings 
in the anchorage area described in paragraph (c-2) of this section are 
administered by the Harbormaster appointed by the Town of Shelburne, 
Vermont.

    (d) Mallets Bay, Vt. The southwesterly portion of Mallets Bay, south 
of Coates Island and west of a line bearing 170 deg. from the most 
easterly point of Coates Island to the mainland.
    (e) Mallets Bay, Vt. An area in the northwesterly portion of Mallets 
Bay, south of a line extending from the northeasterly end of Mallets 
Head to the northeasterly end of Marble Island, and west of a line 
extending from the northeasterly end of Marble Island to the 
northeasterly side of Cave Island, and southerly to the point on the 
lower east side of Mallets Head.
    (f) St. Albans Bay, Vt. An area in the northerly portion of St. 
Albans Bay westward of the State Pier at St. Albans Bay State Park, 
northeasterly of a line bearing 296 deg.30 from the southwesterly 
corner of the State Pier, and southeasterly of a line parallel to and 
500 feet west of the west side of the State Pier.
    (g) Charlotte, Vt. An area shoreward of a line bearing 080 T from 
44 deg.1612" N, 73 deg.1718" W, on Thompson's Point to 44 deg.1616" 
N, 73 deg.1640" W., on William's Point.
    (h) Burlington Harbor, VT. The waters bounded by a line connecting 
the following points:

442814.4" N                          731316.5" W
442814.4" N                          731319.5" W
442824.4" N                          731318.4" W
 


and thence along the shoreline to the point of the beginning. These 
positions have been converted to North American Datum 83.
    (i) Point Au Roche, New York. The waters of Deep Bay north of a line 
drawn shore to shore along the 44 deg.4614" N line of Latitude.

    Note: Anyone wishing to occupy a mooring in this area shall obtain a 
permit from the New York State Office of Parks, Recreation & 
Preservation.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGFR 70-16A, 35 
FR 8823, June 6, 1970; CCGD3-80-2A, 45 FR 54755, July 18, 1980; CGD3-85-
02, 51 FR 4593, Feb. 6, 1986; CGD1-90-063, 56 FR 12120, Mar. 22, 1991; 
CGD1 91-063, 58 FR 21104, Apr. 19, 1993]



Sec.  110.9  Wells Harbor, Maine.

    (a) Anchorage ``A''. All of the waters enclosed by a line beginning 
at latitude 43 deg.1915.7" N, longitude 070 deg.3342.1" W; thence to 
latitude 43 deg.1915.7" N, longitude 070 deg.3340.3" W; thence to 
latitude 43 deg.193.7" N, longitude 070 deg.3342.6" W; thence to 
latitude 43 deg.192.6" N, longitude 70 deg.3345.7" W; thence to the 
point of beginning. This area is approximately 5,800 sq. yards, 
encompassing the central portion of Wells Harbor.
    (b) Anchorage ``B''. All of the waters enclosed by a line beginning 
at latitude

[[Page 450]]

43 deg.1911.1" N, longitude 070 deg.3349.8" W; thence to latitude 
43 deg.1910.5" N, longitude 070 deg.3347.3" W; thence to latitude 
43 deg.198.3" N, longitude 070 deg.3347.3" W; thence to latitude 
43 deg.198.7" N, longitude 070 deg.3350.6" W; thence to the point of 
beginning. This area is approximately 25,000 sq. yards, encompassing the 
western portion of Wells Harbor.
    (c) Anchorage ``C''. All of the waters enclosed by a line beginning 
at latitude 43 deg.1917.7" N, longitude 070 deg.3334.0" W; thence to 
latitude 43 deg.1918.4" N, longitude 070 deg.3332.9" W; thence to 
latitude 43 deg.1913.8" N, longitude 070 deg.3325.5" W; thence to 
latitude 43 deg.1913.0" N, longitude 070 deg.3326.2" W; thence to the 
point of beginning. This area is approximately 8,200 sq. yards, 
encompassing the eastern portion of Wells Harbor.

[USCG-2011-0231, 77 FR 25590, May 1, 2012]



Sec.  110.10  Portsmouth Harbor, New Hampshire, north of Newcastle Island.

    From the northern most point of Goat Island to latitude 
43 deg.0425" N, longitude 070 deg.4337" W; thence 089 deg.30 for 1025 
yards; thence 120 deg. for 285 yards, thence 213 deg. to the shoreline 
of Newcastle Island, thence along the shoreline of Newcastle Island and 
across the breakwater to Goat Island and to the point of beginning.

[CGD 83-1R, 48 FR 56578, Dec. 22, 1983]



Sec.  110.25  Salem Sound, Mass.

    (a) Beverly Harbor, north of Salem Neck, Salem, MA. A line extending 
from the northerly end of the Salem Willows Yacht Club House 360 yards 
bearing 281 deg. true to position latitude 42 deg.3214.3" N., longitude 
70 deg.5224.17" W.; thence north 275 yards to Monument Bar Beacon 
thence 540 yards bearing 080 deg. to position latitude 42 deg.3225.3" 
N., longitude 70 deg.522.1" W., thence 365 yards bearing 175 deg. to 
position latitude 42 deg.3214.3" N., longitude 70 deg.521.1" W.; 
thence 237 deg. to the shore. [NAD83]
    (b) Bass River. All of the area upstream of the highway bridge 
(Popes Bridge) outside of the dredged channel.
    (c) South Channel. Bounded by a line commencing at the northern most 
point of Peach's Point at position latitude 42 deg.3108.6" N., 
longitude 70 deg.5032.8" W.; thence westerly to a point, at position 
latitude 42 deg.3121.9" N., longitude 70 deg.5115.1" W. off Fluen 
Point; thence westerly to a point at latitude 42 deg.3119.3" N., 
longitude 70 deg.5147.4" W. off Naugus Head; thence southwesterly to a 
point at latitude 42 deg.3100.3" N., longitude 70 deg.5116.6" W. east 
of Folger Point; thence to a point at latitude 42 deg.3038.3" N., 
longitude 70 deg.5234.6" W.; thence easterly to a point on Long Point 
at latitude 42 deg.3052.6" N., longitude 70 deg.5305" W. The areas 
will be principally for use by yachts and other recreational craft. 
Temporary floats or buoys for marking anchors will be allowed in the 
areas but fixed piles or stakes may not be placed. The anchoring of 
vessels, the placing of moorings, and the maintenance of fairways will 
be under the jurisdiction of the local Harbor Master.
    (d) Beverly and Mackerel Coves, north side of Beverly Harbor. The 
water area enclosed by a line commencing at the southernmost point of 
Curtis Point in Beverly; thence bearing 238 deg., 1,400 yards to 
latitude 42 deg.3229.7" N., 70 deg.5132.1" W.; thence 284 deg., 1,475 
yards to the western shoreline of Mackerel Cove; thence north 
northeasterly to the point of beginning.
    (e) Collins Cove, Salem, MA. The water area enclosed by a line 
beginning at Monument Bar Beacon; thence 242 deg., 580 yards to latitude 
42 deg.3214.5" N., longitude 70 deg.5246.3" W.; thence 284 deg., 220 
yards to latitude 42 deg.3216" N., longitude 70 deg.5255" W.; thence 
231 deg., 525 yards to a point on the shoreline; thence following the 
shoreline and the western boundary of the special anchorage area as 
described in 33 CFR 110.25(a) to the point of beginning.

[USCG-2009-0416, 74 FR 27438, June 10, 2009, as amended by USCG-2014-
0410, 79 FR 38432, July 7, 2014]



Sec.  110.26  Marblehead Harbor, Marblehead, Mass.

    The area comprises that portion of the harbor lying between the 
extreme low water line and southwestward of a line bearing 336 deg. from 
Marblehead Neck Light to a point on Peach Point at latitude 
42 deg.3103", longitude 70 deg.5030".


[[Page 451]]


    Note: The area is principally for use by yachts and other 
recreational craft. Temporary floats or buoys for marking anchors are 
allowed. Fixed mooring piles or stakes are prohibited. All moorings 
shall be so that no vessel, when anchored, shall at any time extend 
beyond the limits of the area. The anchoring of vessels and the placing 
of temporary moorings are under the jurisdiction and at the direction of 
the local harbormaster.

[CGFR 68-96, 33 FR 12550, Sept. 5, 1968; CGFR 68-157, 34 FR 1380, Jan. 
29, 1969]



Sec.  110.27  Lynn Harbor in Broad Sound, Mass.

    North of a line bearing 244 deg. from the tower of the Metropolitan 
District Building, extending from the shore to a point 100 feet from the 
east limit of the channel; east of a line bearing 358 deg., extending 
thence to a point 100 feet east of the northeast corner of the turning 
basin; south of a line bearing 88 deg., extending thence to the shore; 
and south and west of the shoreline to its intersection with the south 
boundary.

[USCG-2009-0416, 74 FR 27439, June 10, 2009]



Sec.  110.29  Boston Inner Harbor, Mass.

    (a) Vicinity of Pleasant Park Yacht Club, Winthrop. Southerly of a 
line bearing 276 deg. from a point on the west side of Pleasant Street, 
Winthrop, 360 feet from the southwest corner of its intersection with 
Main Street; westerly of a line bearing 186 deg. from a point on the 
south side of Main Street 140 feet from the southwest corner of its 
intersection with Pleasant Street; northerly of a line bearing 256 deg. 
from a point on the west side of Pleasant Street 550 feet from the 
southwest corner of its intersection with Main Street and easterly of a 
line bearing 182 deg. from a point on the south side of Main Street 640 
feet from the southwest corner of its intersection with Pleasant Street.
    (b) Mystic River, east side of Tobin Bridge. Beginning at a line 
running from a point on the Tobin Bridge at latitude 42 deg.2308.5" N. 
071 deg.0248.2" W. to a point at latitude 42 deg.2306.4" N. 
071 deg.0243.7" W.; thence northwest to a point at latitude 
42 deg.2309.1" N. 071 deg.0243.2" W. along the shoreline to the 
western side of Tobin Bridge, thence to the point of origin.
    (c) Mystic River, west side of Tobin Bridge. Beginning at a line 
running from a point on the Tobin Bridge at latitude 42 deg.2308.8" N. 
071 deg.0248.6" W. to a point at latitude 42 deg.2310.5" N. 
071 deg.0552" W.; thence northwest to the southeasterly corner of the 
pier at latitude 42 deg.2313.4" N. 071 deg.0257.1" W. along the pier 
to the shoreline to the eastern side of Tobin Bridge, thence to the 
point of origin.
    (d) Boston Inner Harbor A. (1) The waters of the western side of 
Boston Inner Harbor north of the entrance to the Fort Point Channel 
bound by the following points beginning at latitude 42 deg.2132" N., 
longitude 071 deg.0250" W; thence to latitude 42 deg.2133" N., 
longitude 071 deg.0244" W.; thence to latitude 42 deg.2126" N., 
longitude 071 deg.0236" W.; thence to latitude 42 deg.2126" N., 
longitude 071 deg.0253" W.; thence to point of origin. [NAD83].
    (2) The area is principally for use by yachts and other recreational 
craft. Temporary floats or buoys for marking anchors will be allowed. 
Fixed mooring piles or stakes are prohibited. The anchoring of vessels 
and placing of temporary moorings will be under the jurisdiction, and at 
the discretion of the Harbormaster, City of Boston. All moorings must be 
so placed that no vessel, when moored, will at any time extend beyond 
the limits of the area.

    Note to paragraph (d):
    Administration of Special Anchorage Area is exercised by the 
Harbormaster, City of Boston, pursuant to local ordinances. The City of 
Boston will install and maintain suitable navigational aids to mark the 
limits of Special Anchorage areas.

[USCG-2009-0416, 74 FR 27439, June 10, 2009]



Sec.  110.30  Boston Harbor, Mass.

    (a) Vicinity of South Boston Yacht Club, South Boston. Northerly of 
a line bearing 96 deg. from the stack of the heating plant of the Boston 
Housing Authority in South Boston; easterly of a line bearing 5 deg. 
from the west shaft of the tunnel of the Boston Main Drainage Pumping 
Station; southerly of the shoreline; and westerly of a line bearing 
158 deg. from the northeast corner of the iron fence marking the east 
boundary of the South Boston Yacht Club property.

[[Page 452]]

    (b) Dorchester Bay, in vicinity of Savin Hill Yacht Club. Northerly 
of a line bearing 64 deg. from the stack of the old power plant of the 
Boston Elevated Railway on Freeport Street in Dorchester; westerly of a 
line bearing 163 deg. from the stack of the Boston Main Drainage Pumping 
Station on the Cow Pasture in Dorchester; and southerly and easterly of 
the shoreline.
    (c) Dorchester Bay, in vicinity of Dorchester Yacht Club. Eastward 
of a line bearing 21 deg. from the stack located a short distance 
northwestward of the Dorchester Yacht Club; southward of a line bearing 
294 deg. from the southerly channel pier of the highway bridge; westward 
of the highway bridge and the shoreline; and northward of the shoreline.
    (d) Quincy Bay, in vicinity of Wollaston and Squantum Yacht Clubs. 
Northwesterly of a line bearing 36 deg.30 from a point on the shore 
2,600 feet easterly of the east side of the Wollaston Yacht Club 
landing; southwesterly of a line bearing 129 deg.15 from the water tank 
in Squantum; and southeasterly and northeasterly of the shoreline.
    (e) Quincy Bay, in vicinity of Merrymount Yacht Club. South of a 
line starting from a point bearing 246 deg., 3,510 yards, from the stack 
of the pumping station on Nut Island, and extending thence 306 deg. to 
the shore; west of a line bearing 190 deg. from the aforesaid point to 
the shore; and north and east of the shoreline.
    (f) Weymouth Fore River, in vicinity of Quincy Yacht Club. A line 
from the position latitude 42 deg.1646.9" N. 70 deg.5712.5" W. to 
position latitude 42 deg.1648.8" N. 70 deg.575.5" W.; thence to 
latitude 42 deg.1631" N. 70 deg.5623.1" W. to the northerly end of 
Raccoon Island at position latitude 42 deg.1548" N. 70 deg.5643.4" W.; 
thence along the western shoreline of Raccoon Island to the point 
latitude 42 deg.1546.4" N. 70 deg.5655.4" W.; thence to latitude 
42 deg.1543" N. 70 deg.575.8" W.; thence along the shoreline to the 
point of origin. [NAD83]
    (g) Weymouth Fore River, in vicinity of Wessagussett Yacht Club. 
Southwesterly of a line bearing 117 deg. from channel light ``4''; 
southeasterly of a line 150 feet from and parallel to the meandering 
easterly limit of the dredged channel; easterly of a line bearing 
188 deg. from the eastern extremity of Rock Island Head; and 
northwesterly of the shoreline.
    (h) Weymouth Fore River, in the vicinity of Gull Point (PT). All of 
the waters bound by the following points beginning at latitude 
42 deg.1505" N., longitude 70 deg.5726" W.; thence to latitude 
42 deg.1500" N., longitude 70 deg.5726" W.; thence to latitude 
42 deg.1515" N., longitude 70 deg.5650" W.; thence to latitude 
42 deg.1518" N., longitude 70 deg.5650" W.; thence to the point of the 
beginning. [NAD83]

    Note to paragraph (h):
    The area is principally for use by recreational craft. All anchoring 
in the area will be under the supervision of the local harbor master or 
such other authority as may be designated by the authorities of the Town 
of Weymouth, Massachusetts. All moorings are to be so placed that no 
moored vessel will extend beyond the limit of the anchorage area.

    (i) Weymouth Back River, in vicinity of Eastern Neck. The cove on 
the north side of the river lying northerly of a line bearing 
264 deg.30 from the southwesterly corner of the American Agricultural 
Chemical Company's wharf (Bradley's Wharf) to the shore of Eastern Neck, 
about 2,200 feet distant.
    (j) Area No. 1 in Allerton Harbor. That area north of Spinnaker 
Island beginning at latitude 42 deg.1815.3" N. 70 deg.5344.1" W.; 
thence due east to latitude 42 deg.1815.3" N. longitude 70 deg.5327.6" 
W.; thence due south to latitude 42 deg.1807.8" N. longitude 
70 deg.5327.6" W.; thence due west to latitude 42 deg.1807.8" N. 
longitude 70 deg.5344.1" W.; thence due north to the point of 
beginning. [NAD83]
    (k) Area No. 2 in Hull Bay. That area south of Hog Island beginning 
at latitude 42 deg.1750.8" N. longitude 70 deg.5405.1" W.; thence due 
east to latitude 42 deg.1750.8" N. longitude 70 deg.5327.6" W.; thence 
due south to latitude 42 deg.1730.3" N. longitude 70 deg.5327.6" W.; 
thence due west to latitude 42 deg.1730.3" N. longitude 70 deg.545.1" 
W.; thence due north to the point of beginning. [NAD83]
    (l) Area No. 3 in Hull Bay. That area north of Bumkin Island 
beginning at position latitude 42 deg.1722.3" N. longitude 
70 deg.545.1" W.; thence due east to latitude 42 deg.1722.3" N. 
longitude 70 deg.5315.6" W.; thence due south to latitude 
42 deg.1701.3" N. longitude 70 deg.5315.6" W.; thence due west to 
latitude 42 deg.1701.3" N. longitude

[[Page 453]]

70 deg.545.17" W.; thence due north to the point of beginning. [NAD83].

    Note to paragraphs (j), (k), and (l):
    The areas will be principally for use by yachts and other 
recreational craft. Temporary floats or buoys for marking anchors will 
be allowed. Fixed mooring piles or stakes are prohibited. The anchoring 
of vessels and the placing of temporary moorings is under the 
jurisdiction, and at the discretion, of the local Harbor Master, Hull, 
Mass.

    (m) Hingham Harbor Area 1. Beginning at position latitude 
42 deg.1539.3" N. longitude 70 deg.5322.1" W.; thence to latitude 
42 deg.1553.8" N. longitude 70 deg.5330.1" W.; thence to latitude 
42 deg.1556.3" N. longitude 70 deg.5321.1" W.; thence to latitude 
42 deg.1542.3" N. longitude 70 deg.5313.1" W.; thence to point of 
beginning. [NAD83]
    (n) Hingham Harbor Area 2. Beginning at position latitude 
42 deg.1530.6" N. longitude 70 deg.530.5" W.; thence to latitude 
42 deg.1530.3" N. longitude 70 deg.5311.6" W.; thence to latitude 
42 deg.1527.8" N. longitude 70 deg.5316.1" W.; thence to latitude 
42 deg.1528.8" N. longitude 70 deg.5329.1" W.; thence to latitude 
42 deg.1535.3" N. longitude 70 deg.5332.1" W.; thence to latitude 
42 deg.1536.3" N. longitude 70 deg.5334.6" W.; thence to latitude 
42 deg.1541.3" N. longitude 70 deg.5332.6.5" W.; thence to latitude 
42 deg.1531.3" N. longitude 70 deg.5326.1" W.; thence to latitude 
42 deg.1531.8" N. longitude 70 deg.5301.1" W.; thence to point of 
beginning. [NAD83]
    (o) Hingham Harbor Area 3. Beginning at latitude 42 deg.1533.3" N. 
longitude 70 deg.5259.6" W.; thence to latitude 42 deg.1533.8" N. 
longitude 70 deg.5317.1" W.; thence to latitude 42 deg.1535.8" N. 
longitude 70 deg.5300.1" W.; thence to point of beginning. [NAD83]
    (p) Hingham Harbor Area 4. Beginning at position latitude 
42 deg.1447.3" N. longitude 70 deg.5307.6" W.; thence to latitude 
42 deg.1448.8" N. longitude 70 deg.539.6" W.; thence to latitude 
42 deg.1454.3" N. longitude 70 deg.536.1" W.; thence to latitude 
42 deg.1456.9" N. longitude 70 deg.5256.6" W.; thence to point of 
beginning. [NAD83]
    (q) Hingham Harbor Area 5. Beginning at position latitude 
42 deg.1448.3" N. longitude 70 deg.5255.1" W.; thence to latitude 
42 deg.1448.8" N. longitude 70 deg.530.1" W.; thence to latitude 
42 deg.1458.3" N. longitude 70 deg.5249.1" W.; thence to latitude 
42 deg.1453.8" N. longitude 70 deg.5248.1" W.; thence to point of 
beginning. [NAD83]

    Note to paragraphs (m), (n), (o), (p) and (q):
    The areas will be principally for use by yachts and other 
recreational craft. Temporary floats or buoys for marking anchors will 
be allowed in the areas but fixed piles or stakes may not be placed. The 
anchoring of vessels and the placing of moorings will be under the 
jurisdiction of the local Harbor Master.

[USCG-2009-0416, 74 FR 27439, June 10, 2009]



Sec.  110.31  Hull Bay and Allerton Harbor at Hull, Mass.

    (a) Area No. 1 in Allerton Harbor. That area north of Hog Island 
beginning at latitude 42 deg.1815", longitude 70 deg.5346"; thence due 
east to latitude 42 deg.1815", longitude 70 deg.5329.5"; thence due 
south to latitude 42 deg.1807.5", longitude 70 deg.5329.5"; thence due 
west to latitude 42 deg.1807.5", longitude 70 deg.5346"; thence due 
north to the point of beginning.
    (b) Area No. 2 in Hull Bay. That area south of Hog Island beginning 
at latitude 42 deg.1750.5", longitude 70 deg.5407"; thence due east to 
latitude 42 deg.1750.5", longitude 70 deg.5329.5"; thence due south to 
latitude 42 deg.1730", longitude 70 deg.5329.5"; thence due west to 
latitude 42 deg.1730", longitude 70 deg.5407"; thence due north to the 
point of beginning.
    (c) Area No. 3 in Hull Bay. That area north of Bumkin Island 
beginning at latitude 42 deg.1722", longitude 70 deg.5407"; thence due 
east to latitude 42 deg.1722", longitude 70 deg.5317.5"; thence due 
south to latitude 42 deg.1701", longitude 70 deg.5317.5"; thence due 
west to latitude 42 deg.1701", longitude 70 deg.5407"; thence due 
north to the point of beginning.

    Note: The areas will be principally for use by yachts and other 
recreational craft. Temporary floats or buoys for marking anchors will 
be allowed. Fixed mooring piles or stakes are prohibited. The anchoring 
of vessels and the placing of temporary moorings is under the 
jurisdiction, and at the discretion, of the local Harbor Master, Hull, 
Mass.

[CGFR 68-160, 34 FR 392, Jan. 10, 1969; 34 FR 939, Jan. 22, 1969]



Sec.  110.32  Hingham Harbor, Hingham, Mass.

    (a) Area 1. Beginning at latitude 42 deg.1539", longitude 
70 deg.5324"; thence to latitude 42 deg.1553.5", longitude 
70 deg.5332"; thence to latitude 42 deg.1556", longitude 
70 deg.5323"; thence to latitude 42 deg.1542", longitude 
70 deg.5315"; thence to point of beginning.

[[Page 454]]

    (b) Area 2. Beginning at latitude 42 deg.1530", longitude 
70 deg.5302.5"; thence to latitude 42 deg.1530", longitude 
70 deg.5313.5"; thence to latitude 42 deg.1527.5", longitude 
70 deg.5318"; thence to latitude 42 deg.1528.5", longitude 
70 deg.5331"; thence to latitude 42 deg.1535", longitude 
70 deg.5334"; thence to latitude 42 deg.1536", longitude 
70 deg.5336.5"; thence to latitude 42 deg.1541", longitude 
70 deg.5334.5"; thence to latitude 42 deg.1531", longitude 
70 deg.5328"; thence to latitude 42 deg.1531.5", longitude 
70 deg.5303"; thence to point of beginning.
    (c) Area 3. Beginning at latitude 42 deg.1533", longitude 
70 deg.5301.5"; thence to latitude 42 deg.1533.5", longitude 
70 deg.5319"; thence to latitude 42 deg.1535.5", longitude 
70 deg.5302"; thence to point of beginning.
    (d) Area 4. Beginning at latitude 42 deg.1447", longitude 
70 deg.5309.5"; thence to latitude 42 deg.1448.5", longitude 
70 deg.5311.5"; thence to latitude 42 deg.1454", longitude 
70 deg.5308"; thence to latitude 42 deg.1456.5", longitude 
70 deg.5258.5"; thence to point of beginning.
    (e) Area 5. Beginning at latitude 42 deg.1448", longitude 
70 deg.5257"; thence to latitude 42 deg.1448.5", longitude 
70 deg.5302"; thence to latitude 42 deg.1458", longitude 
70 deg.5251"; thence to latitude 42 deg.1453.5", longitude 
70 deg.5250"; thence to point of beginning.

    Note: The areas will be principally for use by yachts and other 
recreational craft. Temporary floats or buoys for marking anchors will 
be allowed in the areas but fixed piles or stakes may not be placed. The 
anchoring of vessels and the placing of moorings will be under the 
jurisdiction of the local Harbor Master.

[CGFR 68-89, 33 FR 11077, Aug. 3, 1968]



Sec.  110.37  Sesuit Harbor, Dennis, Mass.

    All the waters of Sesuit Harbor southerly of a line extending 
between the outer end of the jetties on each side of the entrance to the 
Harbor.

    Note: The area will be principally for use by yachts and other 
recreational craft. Temporary floats or buoys for marking anchors will 
be allowed. Fixed mooring piles of stakes will be prohibited. The 
anchoring of vessels and the placing of temporary moorings will be under 
the jurisdiction and at the discretion of the local Harbor Master.



Sec.  110.38  Edgartown Harbor, Mass.

    An area in the inner harbor easterly of the project channel and 
south of Chappaquiddick Point bounded as follows: Beginning at latitude 
41 deg.2319", longitude 70 deg.3032"; thence southeasterly along the 
shore to latitude 41 deg.2252", longitude 70 deg.3012"; thence 
287 deg.30 1,600 feet; thence 327 deg.30, 700 feet; thence 359 deg. 
true, 800 feet; thence 24 deg.15 approximately 900 feet to the point of 
beginning.

    Note: The area is reserved for yachts and other small recreational 
craft. Fore and aft moorings and temporary floats or buoys for marking 
anchors in place will be allowed. All moorings shall be so placed that 
no vessel when anchored shall extend into waters beyond the limits of 
the area. Fixed mooring piles or stakes are prohibited.



Sec.  110.40  Silver Beach Harbor, North Falmouth, Mass.

    All the waters of the harbor northward of the inner end of the 
entrance channel.



Sec.  110.45  Onset Bay, Mass.

    Northerly of a line extending from the northernmost point of Onset 
Island to the easternmost point of Wickets Island; easterly of a line 
extending from the easternmost point of Wickets Island to the southwest 
extremity of Point Independence; southerly of the shore line; and 
westerly of the shore line and of a line bearing due north from the 
northernmost point of Onset Island.



Sec.  110.45a  Mattapoisett Harbor, Mattapoisett, Mass.

    (a) Area No. 1 beginning at a point on the shore at latitude 
41 deg.3923" N., longitude 70 deg.4850" W.; thence 138.5 deg. T. to 
latitude 41 deg.3845" N., longitude 70 deg.4802" W.; thence 031 deg. 
T. to latitude 41 deg.3902" N., longitude 70 deg.4748" W.; thence 
along the shore to the point of beginning.
    (b) Area No. 2 beginning at a point on the shore at latitude 
41 deg.3924" N., longitude 70 deg.4902" W.; thence 142.5 deg. T. to 
latitude 41 deg.3810" N., longitude 70 deg.4745" W.; thence 219 deg. 
T. to latitude 41 deg.3754" N., longitude 70 deg.4802" W.; thence 
along the shore to the point of beginning.

    Note: Administration of the Special Anchorage Area is exercised by 
the Harbormaster, Town of Mattapoisett pursuant to a local ordinance. 
The town of

[[Page 455]]

Mattapoisett will install and maintain suitable navigational aids to 
mark the perimeter of the anchorage area.

[CGD 83-2R, 49 FR 25445, June 21, 1984; 49 FR 27320, July 3, 1984]



Sec.  110.46  Newport Harbor, Newport, R.I.

    (a) Area No. 1. The waters of Brenton Cove south of a line extending 
from latitude 41 deg.2850" N., longitude 71 deg.1858" W.; to latitude 
41 deg.2845" N., longitude 71 deg.2008" W.; thence along the shoreline 
to the point of beginning.
    (b) Area No. 2. The waters east of Goat Island beginning at a point 
bearing 090 deg., 245 yards from Goat Island Shoal Light; thence 
007 deg., 505 yards; thence 054 deg., 90 yards; thence 086 deg., 330 
yards; thence 122 deg., 90 yards; thence 179 deg., 290 yards; thence 
228 deg., 380 yards; thence 270 deg., 250 yards to the point of 
beginning.
    (c) Area No. 3. The waters north of Goat Island Causeway Bridge 
beginning at Newport Harbor Light; thence 023 deg. to the southwest 
corner of Anchorage E; thence 081 deg. following the southerly boundary 
of Anchorage E to the shoreline; thence south along the shoreline to the 
east foot of the Goat Island Causeway bridge; thence west following Goat 
Island Causeway Bridge to the shoreline of Goat Island; thence north 
following the east shore of Goat Island to the point of beginning.

[CGD 76-104, 44 FR 21792, Apr. 12, 1979]



Sec.  110.47  Little Narragansett Bay, Watch Hill, R.I.

    All of the navigable waters of Watch Hill Cove southeasterly of a 
line beginning at the shore end of the United States project groin on 
the southerly shore of the cove and running 41 deg.30 true, to the 
northerly shore of the cove at a point about 200 feet west of the west 
side of the shore end of Meadow Lane, with the exception of a 100-foot 
wide channel running from the westerly end of the cove in a 
southeasterly direction to the Watch Hill Yacht Club pier, thence along 
in front of the piers on the easterly side of the cove northerly to the 
shore at the north end of the cove.



Sec.  110.48  Thompson Cove on east side of Pawcatuck River below
Westerly, R.I.

    Eastward of a line extending from the channelward end of Thompson 
Dock at the northern end of Thompson Cove 184 deg. to the shore at the 
southern end of Thompson Cove.



Sec.  110.50  Stonington Harbor, Conn.

    (a) Area No. 1. Beginning at the southeastern tip of Wamphassuc 
Point; thence to the northwesterly end of Stonington Inner Breakwater; 
thence along the breakwater to longitude 71 deg.5450.5"; thence to 
latitude 41 deg.2025.3", longitude 71 deg.5450.5"; thence to a point 
on the shoreline at latitude 41 deg.2032", longitude 71 deg.5454.8"; 
thence along the shoreline to the point of beginning.
    (b) Area No. 2. Beginning at a point on the shoreline at latitude 
41 deg.1955.8", longitude 71 deg.5428.9"; thence to latitude 
41 deg.1955.8", longitude 71 deg.5437.1"; thence to latitude 
41 deg.2001.6", longitude 71 deg.5438.8"; thence to a point on the 
shoreline at latitude 41 deg.2002", longitude 71 deg.5434.3"; thence 
along the shoreline to the point of beginning.
    (c) Area No. 3. Beginning at a point on the shoreline at latitude 
41 deg.2029.5", longitude 71 deg.5443"; thence to latitude 
41 deg.2025.6", longitude 71 deg.5448.5"; thence to latitude 
41 deg.2010.7", longitude 71 deg.5448.5"; thence to the shoreline at 
latitude 41 deg.2010.7"; thence along the shoreline to the point of 
beginning.

    Note: A fixed mooring stake or pile is prohibited. The General 
Statutes of the State of Connecticut authorizes the Harbor Master of 
Stonington to station and control a vessel in the harbor.

[CGFR 68-164, 34 FR 1380, Jan. 29, 1969]



Sec.  110.50a  Fishers Island Sound, Stonington, Conn.

    An area on the east side of Mason Island bounded as follows:
    Beginning at the shore line on the easterly side of Mason Island at 
latitude 41 deg.2006"; thence due east about 600 feet to latitude 
41 deg.2006", longitude 71 deg.5737"; thence due south about 2,400 
feet to latitude 41 deg.1942", longitude 71 deg.5737"; thence due west 
about 1,000 feet to the shore line on the easterly side of Mason Island 
at latitude 41 deg.1942"; thence along the shore line to the point of 
beginning.


[[Page 456]]


    Note: The area will be principally for use by yachts and other 
recreational craft. Temporary floats or buoys for marking anchors will 
be allowed. Fixed mooring piles or stakes will be prohibited. The 
anchoring of vessels and the placing of temporary moorings will be under 
the jurisdiction and the discretion of the local Harbor Master.



Sec.  110.50b  Mystic Harbor, Groton and Stonington, Conn.

    (a) Area No. 1. Beginning at Ram Point on the westerly side of Mason 
Island at latitude 41 deg.1944", longitude 71 deg.5842"; thence to 
latitude 41 deg.1930", longitude 71 deg.5843"; thence to latitude 
41 deg.1936", longitude 71 deg.5858"; thence to latitude 
41 deg.1945", longitude 71 deg.5856"; thence to the point of 
beginning.
    (b) Area No. 2. Beginning at a point about 250 feet southerly of 
Area 1 and on line with the easterly limit of Area 1 at latitude 
41 deg.1927", longitude 71 deg.5844"; thence to latitude 
41 deg.1919", longitude 71 deg.5845"; thence to latitude 
41 deg.1925", longitude 71 deg.5859"; thence to latitude 
41 deg.1933", longitude 71 deg.5858"; thence to the point of 
beginning.

    Note: The areas will be principally for use by yachts and other 
recreational craft. Temporary floats or buoys for marking anchors will 
be allowed. Fixed mooring piles or stakes are prohibited. All moorings 
shall be so placed that no vessel, when anchored, shall at any time 
extend beyond the limits of the areas. The anchoring of vessels and the 
placing of temporary moorings will be under the jurisdiction and at the 
discretion of the local Harbor Master.



Sec.  110.50c  Mumford Cove, Groton, Conn.

    (a) Area No. 1. Beginning at a point on the easterly shore of 
Mumford Cove at latitude 41 deg.1936", longitude 72 deg.0106"; thence 
to latitude 41 deg.1930", longitude 72 deg.0104"; thence to the 
shoreline at latitude 41 deg.1931", longitude 72 deg.0100"; and thence 
along the shoreline to the point of beginning.
    (b) Area No. 2. Beginning at a point on the easterly shore of 
Mumford Cove at latitude 41 deg.1915", longitude 72 deg.0054"; thence 
to latitude 41 deg.1914.5", longitude 72 deg.0059"; thence to latitude 
41 deg.1911", longitude 72 deg.0058"; thence to latitude 
41 deg.1910", longitude 72 deg.0054"; thence to latitude 
41 deg.1912.5", longitude 72 deg.0052"; thence to latitude 
41 deg.1914", longitude 72 deg.0055"; and thence to the point of 
beginning.

    Note: The areas are principally for use by yachts and other 
recreational craft. Temporary floats or buoys for marking anchors will 
be allowed. Fixed mooring piles or stakes will be prohibited. The 
anchoring of vessels and placing of temporary moorings will be under the 
jurisdiction, and at the discretion, of the local Harbor Master.



Sec.  110.50d  Mystic Harbor, Noank, Conn.

    (a) The area comprises that portion of the harbor off the easterly 
side of Morgan Point beginning at a point at latitude 41 deg.1915", 
longitude 71 deg.5913.5"; thence to latitude 41 deg.1915", longitude 
71 deg.5900"; thence to latitude 41 deg.1902.5", longitude 
71 deg.5900"; thence to latitude 41 deg.1906", longitude 
71 deg.5913.5"; and thence to the point of beginning.
    (b) The following requirements shall govern this special anchorage 
area:
    (1) The area will be principally for use by yachts and other 
recreational craft.
    (2) Temporary floats or buoys for marking anchors will be allowed 
but fixed piles or stakes are prohibited. All moorings shall be so 
placed that no vessel, when anchored, shall extend beyond the limits of 
the area.
    (3) The anchoring of vessels and the placing of temporary moorings 
shall be under the jurisdiction and at the discretion of the local 
harbor master, Noank, Conn.

[CGFR 68-3, 33 FR 4738, Mar. 20, 1968]



Sec.  110.51  Groton, Conn.

    The waters between an unnamed cove and Pine Island.
    (a) Beginning at a point on the shoreline of Avery Point at latitude 
41 deg.1901.4", longitude 072 deg.0342.8"; thence to a point in the 
cove at latitude 41 deg.1902.5", longitude 72 deg.0336.2"; thence 
southeasterly to a point at latitude 41 deg.1856.2", longitude 
072 deg.0334.2"; thence northeasterly to latitude 41 deg.1902.5", 
longitude 072 deg.0319.2" thence terminating at the tip of Jupiter 
Point at latitude 41 deg.1904.4", longitude 072 deg.0319.7". DATUM: 
NAD 83
    (b) Beginning at a point on the shoreline of Pine Island at latitude 
41 deg.1847.1", longitude 072 deg.0336.8"; thence northerly to 
latitude 41 deg.1854.1", longitude 072 deg.0335.4"; thence 
northeasterly to a point at latitude 41 deg.1901.2", longitude 
072 deg.0319.3"; thence terminating

[[Page 457]]

at a point at latitude 41 deg.1854.0", longitude 072 deg.0317.5". 
DATUM: NAD 83

    Note: The areas designated by (a) and (b) are principally for the 
use of recreational vessels. Vessels shall be anchored so that part of 
the vessel obstructs the 135 foot wide channel. Temporary floats or 
buoys for marking the location of the anchor of a vessel at anchor may 
be used. Fixed mooring pilings or stakes are prohibited.

[CGD01-97-014, 63 FR 34815, June 26, 1998]



Sec.  110.52  Thames River, New London, Conn.

    (a) Area No. 1. An area in the westerly part of Greens Harbor 
bounded as follows: Beginning at a point on the shore 100 yards 
southeasterly of the southerly side of Thames Street extended; thence 
84 deg., 420 yards; thence 156 deg., 425 yards; thence 240 deg., 210 
yards, to the shore; and thence northwesterly along the shore to the 
point of beginning.
    (b) Area No. 2. An area in the westerly part of Greens Harbor 
bounded as follows: Beginning at a point on the shore 15 yards 
southeasterly of the southerly side of Converse Place extended; thence 
54 deg., 170 yards; thence 114 deg.30, 550 yards; thence 266 deg.30, 
250 yards; thence 234 deg., 230 yards, to the shore; and thence 
northwesterly along the shore to the point of beginning.
    (c) Area No. 3. An area on the westerly side of the Thames River in 
the vicinity of Jacobs Rock, the location of the U.S. Coast Guard 
Academy Sailing Center, bounded as follows: Beginning at the point on 
the shore where the north side of the Jacobs Rock causeway meets the 
western shoreline; thence northerly along the western shore of the 
Thames River a distance of 200 yards: thence 090 deg., 240 yards; thence 
180 deg., 200 yards to the Jacobs Rock causeway; thence westerly along 
the causeway to the point of beginning.
    (d) Area No. 4. An area in the western part of the Thames River, 
north of the highway bridge, bounded as follows: Beginning at a point 
125 yards north of the highway bridge at latitude 41 deg.2156" N., 
longitude 72 deg.0532" W.; thence easterly to latitude 41 deg.2156" 
N., longitude 72 deg.0527" W.; thence northerly to latitude 
41 deg.2212" N., longitude 72 deg.0527" W.; thence westerly to 
latitude 41 deg.2212" N., longitude 72 deg.0547" W.; thence 
southeasterly to latitude 41 deg.2202" N., longitude 72 deg.0540" W.; 
thence downriver along the charted foul grounds to the point of 
beginning.

    Note: The area designated by paragraph (c) of this section is 
principally for the use of U.S. Coast Guard Academy and Academy-related 
boats. Temporary floats or buoys for marking anchors may be used. The 
anchoring of vessels and the placing of moorings will be under the 
jurisdiction and at the discretion of the Chief, Waterfront Branch, U.S. 
Coast Guard Academy, New London, Connecticut.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD3-84-37, 49 FR 
36840, Sept. 20, 1984; CGD3 85-67, 51 FR 32317, Sept. 11, 1986]



Sec.  110.53  Niantic, Conn.

    Beginning on the shoreline at latitude 41 deg.1825.3", longitude 
72 deg.1216.3"; thence to latitude 41 deg.1823.3", longitude 
72 deg.1211.6"; thence to latitude 41 deg.1850.7", longitude 
72 deg.1151.5"; thence to the shoreline at latitude 41 deg.1856.5", 
longitude 72 deg.1205.6"; thence along the shoreline to the point of 
beginning.

    Note: This area is for public use, principally for vessels used for 
a recreational purpose. A temporary float or buoy for marking the 
location of the anchor of a vessel at anchor may be used. Fixed mooring 
piles or stakes are prohibited.

[CGFR 69-24, 34 FR 6480, Apr. 15, 1969]



Sec.  110.54  Long Island Sound, on west side of entrance to Pataguanset
River, Conn.

    An area east of Giants Neck (formerly known as Grant Neck) described 
as follows: Beginning at a point bearing 114 deg., 75 feet, from the 
outer end of the breakwater at the south end of Giants Neck; thence 
90 deg., 1,050 feet; thence 22 deg.1730", 2,140 feet; thence 283 deg.- 
2715.5", 240 feet; thence 220 deg.3639", 1,252.6 feet; thence 
295 deg.2316.5", 326.5 feet; thence 269 deg.0242.6", 240 feet; thence 
261 deg.4650.9", 181.9 feet; thence 226 deg.2807.7", 275.9 feet; 
thence 147 deg.4327.7", 449.4 feet; thence 238 deg.0135.8", 379.6 
feet; and thence approximately 156 deg.3105.8", 462.11 feet, to the 
point of beginning.



Sec.  110.55  Connecticut River, Conn.

    (a) West of Calves Island at Old Saybrook. Beginning at a point 
bearing 254 deg.0916", 153 yards, from Calves Island 20 Light; thence 
157 deg., 1,037 yards; thence 175 deg., 150 yards; thence 265 deg., 250

[[Page 458]]

yards; thence 350 deg., 660 yards; thence 337 deg., 460 yards; and 
thence approximately 67 deg., 135 yards, to the point of beginning.
    (a-1) Area No. 1, at Essex. Beginning at a point on the shore on the 
west side of Haydens Point bearing approximately 211 deg., 270 yards, 
from Haydens Point Light; thence 270 deg., 160 yards; thence due north, 
140 yards; thence 300 deg., 190 yards; thence 330 deg., 400 yards; 
thence 90 deg., 60 yards; thence 150 deg., 350 yards; thence 120 deg., 
about 434 yards to a point on the shore; thence along the shore 
southwesterly to the point of beginning.
    (b) Area No. 2, at Essex. Beginning at a point latitude 
41 deg.2122", longitude 72 deg.2253"; thence 205 deg.30, 375 yards; 
thence 194 deg.31, 100 yards; thence 185 deg.00, 440 yards; thence 
153 deg.30, 80 yards; thence 121 deg.00, 220 yards; thence due north 
approximately 1060 yards to the point of beginning.

    Note: The area will be principally for use by yachts and other 
recreational craft. Temporary floats or buoys for marking anchors will 
be allowed. Fixed mooring piles or stakes are prohibited. The anchoring 
of vessels and the placing of temporary moorings will be under the 
jurisdiction and at the discretion of the local Harbor Master.

    (c) West of Brockway Island at Essex. That portion of the waters 
northwest of a line ranging 238 deg. from latitude 41 deg.2220.7", 
longitude 72 deg.2249.8" to the shoreline; southwest of a line 
connecting a point at latitude 41 deg.2220.7", longitude 
72 deg.2249.8" and a point at latitude 41 deg.2228.2", longitude 
72 deg.2256"; and southeast of a line ranging 238 deg. from latitude 
41 deg.2228.2", longitude 72 deg.2256" to the shoreline.

    Note: This area is principally for vessels used for a recreational 
purpose. A mooring buoy is permitted. Fixed mooring piles or stakes are 
prohibited.

    (d) Upper Bay--(1) Anchorage No. 20-A. (i) All waters bound by the 
following points: latitude 40 deg.4206.9" N., longitude 
074 deg.0218.0" W.; thence to latitude 40 deg.4205.4" N., longitude 
074 deg.0156.9" W.; thence to latitude 40 deg.4154.9" N., longitude 
074 deg.0157.7" W.; thence to latitude 40 deg.4154.0" N., longitude 
074 deg.0212.0" W.; thence to latitude 40 deg.4154.4" N., longitude 
074 deg.0211.7" W.; thence to latitude 40 deg.4157.5" N., longitude 
074 deg.0207.5" W.; thence to latitude 40 deg.4206.1" N., longitude 
074 deg.0219.1" W.; thence to the point of origin (NAD 83).
    (ii) See 33 CFR 110.155(d)(6), (d)(16), and (l).
    (2) Anchorage No. 20-B. (i) All waters bound by the following 
points: latitude 40 deg.4146.2" N., longitude 074 deg.0223.0" W.; 
thence to latitude 40 deg.4142.4" N., longitude 074 deg.0200.5" W.; 
thence to latitude 40 deg.4135.7" N., longitude 074 deg.0202.7" W.; 
thence to latitude 40 deg.4130.3" N., longitude 074 deg.0206.3" W.; 
thence to latitude 40 deg.4141.9" N., longitude 074 deg.0229.2" W.; 
thence to the point of origin (NAD 83).
    (ii) See 33 CFR 110.155(d)(6), (d)(16), and (l).
    (3) Anchorage No. 20-C. (i) All waters bound by the following 
points: latitude 40 deg.4142.4" N., longitude 074 deg.0241.5" W.; 
thence to latitude 40 deg.4125.8" N., longitude 074 deg.0209.2" W.; 
thence to latitude 40 deg.4102.1" N., longitude 074 deg.0224.7" W.; 
thence to latitude 40 deg.4109.4" N., longitude 074 deg.0240.0" W.; 
thence to latitude 40 deg.4113.3" N., longitude 074 deg.0241.5" W.; 
thence to latitude 40 deg.4115.8" N., longitude 074 deg.0232.6" W.; 
thence to latitude 40 deg.4125.3" N., longitude 074 deg.0229.1" W.; 
thence to latitude 40 deg.4133.0" N., longitude 074 deg.0244.5" W.; 
thence to latitude 40 deg.4132.5" N., longitude 074 deg.0248.8" W.; 
thence to the point of origin (NAD 83).
    (ii) See 33 CFR 110.155(d)(6), (d)(16), and (l).
    (e) Area No. 2, at Lord Island. Beginning at latitude 41 deg.2611", 
longitude 72 deg.2716"; thence extending south southeasterly to 
latitude 41 deg.2603", longitude 72 deg.2702"; thence extending 
southeasterly to latitude 41 deg.2559", longitude 72 deg.2651"; thence 
extending southwesterly to latitude 41 deg.2558", longitude 
72 deg.2652"; thence extending northwesterly to latitude 41 deg.2605", 
longitude 72 deg.2711"; thence extending north northwesterly to 
latitude 41 deg.2610", longitude 72 deg.2720"; thence extending 
easterly to the point of beginning.

    Note: The areas designated by paragraphs (d) and (e) of this section 
are principally for use by yachts and other recreational craft. Fore and 
aft moorings will be allowed. Temporary floats or buoys for marking 
anchors in place will be allowed. Fixed mooring piles or stakes are 
prohibited. All moorings shall be so placed that no vessel, when 
anchored, shall at any time extend beyond the limits of the areas. The 
anchoring of vessels and placing of mooring floats or buoys will be 
under the jurisdiction, and at the discretion of the

[[Page 459]]

local Harbor Master. Area 2 will not be used during the shad fishing 
season.

    (e-1) Area No. 1 at Chester. Beginning at a point about 600 feet 
southeasterly of the entrance of Chester Creek, at latitude 
41 deg.2423", longitude 72 deg.2541"; thence due south about 1,800 
feet to latitude 41 deg.2405", longitude 72 deg.2541"; thence due east 
about 600 feet to latitude 41 deg.2405", longitude 72 deg.2532"; 
thence due north about 1,800 feet to latitude 41 deg.2423", longitude 
72 deg.2532"; thence due west about 600 feet to the point of beginning.

    Note: The area is principally for use by yachts and other 
recreational craft. A mooring buoy is allowed. Fixed mooring piles or 
stakes are prohibited.

    (e-2) Area No. 2 at Chester. That area south of latitude 
41 deg.2443.9", west of longitude 72 deg.2535", north of latitude 
41 deg.2433.4", and east of longitude 72 deg.2540.8".

    Note: Area No. 2 may not be used during the shad fishing season, 
April 1 to June 15, inclusive. A mooring buoy is permitted at other 
times. Fixed mooring piles or stakes are prohibited.

    (f) Vicinity of Mouse Island Bar below Portland. On the north side 
of the river shoreward of lines described as follows: (1) Beginning at a 
point bearing 02 deg., 175 yards, from Mouse Island 73 Light; thence 
270 deg., 480 yards; and thence due north, approximately 230 yards, to 
the shore. (2) Beginning at the said point bearing 02 deg., 175 yards, 
from Mouse Island 73 Light; thence 70 deg., 400 yards; and thence 
350 deg., approximately 250 yards, to the shore.
    (g) Area at Portland. Beginning at a point on the shore, about 700 
feet southeasterly from the easterly end of the New York, New Haven and 
Hartford Railroad Company bridge, at latitude 41 deg.3355", longitude 
72 deg.3843"; thence 250 deg. to latitude 41 deg.3354", longitude 
72 deg.3846"; thence 160 deg. to latitude 41 deg.3348", longitude 
72 deg.3843"; thence 145 deg. to latitude 41 deg.3344", longitude 
72 deg.3839"; thence 55 deg. to a point on the shore at latitude 
41 deg.3347", longitude 72 deg.3832"; thence along the shore to the 
point of beginning.

    Note: The area will be principally for use by yachts and other 
recreational craft. Temporary floats or buoys for marking anchors will 
be allowed. Fixed mooring piles or stakes are prohibited. All moorings 
shall be so placed that no vessel, when anchored, shall at any time 
extend beyond the limit of the area or closer than 50 feet to the 
Federal channel limit. The anchoring of vessels and the placing of 
temporary moorings will be under the jurisdiction, and at the discretion 
of the local Harbor Master.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGFR 68-137, 33 
FR 18279, Dec. 10, 1968; CGFR 68-139, 33 FR 18437, Dec. 12, 1968; USCG-
2009-0416, 74 FR 27440, June 10, 2009]



Sec.  110.55a  Five Mile River, Norwalk and Darien, Conn.

    The water area of the Five Mile River beginning at a point on the 
southeast shore of Butler Island at latitude 41 deg.0327.5" N., 
longitude 73 deg.2652" W.; thence following the shoreline northerly 
along the westerly side of Five Mile River to the highway bridge at 
Route 136 (White Bridge); thence easterly along the southerly side of 
the highway bridge to the easterly side of Five Mile River; thence 
following the shoreline southerly along the easterly side of Five Mile 
River to a point on the southwest shore at Rowayton at latitude 
41 deg.0330" N., longitude 73 deg.2647" W., thence 242 deg. to the 
point of beginning, except those areas within the designated project 
channel as shown by dotted lines on the Five Mile River on Chart No. 
12368 (formerly C and GS Chart No. 221) issued by National Oceanic and 
Atmospheric Administration, U.S. Department of Commerce.

    Note: Under an Act of the Connecticut State Legislature the harbor 
superintendent, appointed by the Five Mile River Commission, may control 
moorings and navigation including preventing vessels from anchoring in 
the Federal project channel.

[CGD 76-44, 41 FR 40467, Sept. 20, 1976]



Sec.  110.55b  Connecticut River, Old Saybrook, Connecticut.

    (a) Special anchorage area A. All of the waters enclosed by a line 
beginning at latitude 41 deg.1954.75" N., longitude 072 deg.2108.40" 
W.; thence to latitude 41 deg.1921.50" N., longitude 072 deg.2049.65" 
W.; thence to latitude 41 deg.1917.80" N., longitude 072 deg.2049.25" 
W.; thence to latitude 41 deg.1917.05" N., longitude 72 deg.2059" W.; 
thence to latitude 41 deg.1925.40" N., longitude 72 deg.2100.95" W.; 
thence to latitude 41 deg.1929.50" N., longitude 72 deg.2117.60"

[[Page 460]]

W.; thence to latitude 41 deg.1935.40" N., longitude 72 deg.2122.90" 
W.; thence to latitude 41 deg.1952.35" N., longitude 72 deg.2126.10" 
W.; thence to the point of beginning.
    (b) Special anchorage area B. All of the waters enclosed by a line 
beginning at latitude 41 deg.1726" N., longitude 072 deg.2104" W.; 
thence to latitude 41 deg.1724.60" N., longitude 072 deg.2116" W.; 
thence to latitude 41 deg.1720" N., longitude 072 deg.2109" W.; thence 
to latitude 41 deg.1716" N., longitude 072 deg.2105" W.; thence to 
latitude 41 deg.1716" N., longitude 072 deg.2103" W.; thence to 
latitude 41 deg.1721.5" N., longitude 072 deg.2104.5" W.; thence to 
the point of beginning.
    (c) Special anchorage area C. All of the waters enclosed by a line 
beginning at latitude 41 deg.1727" N., longitude 072 deg.2135" W.; 
thence to latitude 41 deg.1724" N., longitude 072 deg.2201" W.; thence 
to latitude 41 deg.1716" N., longitude 072 deg.2200" W.; thence to 
latitude 41 deg.1719" N., longitude 072 deg.2133" W.; thence to the 
point of beginning.
    Note to Sec.  110.55b:
    All coordinates referenced use datum NAD 83. All anchoring in the 
areas is under the supervision of the town of Old Saybrook Harbor Master 
or other such authority as may be designated by the authorities of the 
town of Old Saybrook, Connecticut. Mariners using these special 
anchorage areas are encouraged to contact local and state authorities, 
such as the local harbormaster, to ensure compliance with any additional 
applicable state and local laws. This area is principally for use by 
recreational craft. Temporary floats or buoys for marking anchors or 
moorings in place are allowed in this area. Fixed mooring piles or 
stakes are not allowed. All moorings or anchors shall be placed well 
within the anchorage areas so that no portion of the hull or rigging 
will at any time extend outside of the anchorage.

[USCG-2012-0806, 81 FR 12823, Mar. 11, 2016]



Sec.  110.56  Noroton Harbor, Darien, Conn.

    (a) Beginning at a point on the southwesterly side of Long Neck 
Point at latitude 41 deg.0210", longitude 73 deg.2844"; thence 
northwesterly to latitude 41 deg.0217", longitude 73 deg.2911"; thence 
in a north-northwesterly direction to the southeast side of Pratt Island 
at latitude 41 deg.0228", longitude 73 deg.2917"; thence following the 
shoreline around the easterly and northerly sides of Pratt Island, the 
westerly and northerly sides of Pratt Cove, and the westerly side of the 
Darien River to the causeway and dam at Gorham Pond on the north; thence 
along the downstream side of the causeway and dam to the easterly side 
of the Darien River, thence along the easterly shoreline to the point of 
beginning.

    Note: An ordinance of the town of Darien, Conn. requires the Darien 
Harbor Master's approval of the location and type of any mooring placed 
in this special anchorage area.

[CGFR 68-122, 33 FR 18238, Dec. 7, 1968]



Sec.  110.58  Cos Cob Harbor, Greenwich, Conn.

    (a) Area A. Beginning at the mean low water line about 2,800 feet 
downstream from the easterly end of the New York, New Haven and Hartford 
Railroad Bridge at latitude 41 deg.0123", longitude 73 deg.3540"; 
thence extending True west to latitude 41 deg.0123", longitude 
73 deg.3542"; thence extending southwesterly to a point at latitude 
41 deg.0102", longitude 73 deg.3550"; thence True east to a point on 
the shoreline at latitude 41 deg.0102", longitude 73 deg.3548"; thence 
extending along the mean low water line to the point of beginning.
    (b) Area B. Beginning at the mean low water line about 700 feet 
downstream from the westerly end of the New York, New Haven and Hartford 
Railroad Bridge at latitude 41 deg.0142", longitude 73 deg.3547"; 
thence True east to latitude 41 deg.0142", longitude 73 deg.3545"; 
thence southeasterly to latitude 41 deg.0123", longitude 73 deg.3544"; 
thence southwesterly to latitude 41 deg.0104", longitude 73 deg.3552", 
thence southwesterly to latitude 41 deg.0102", longitude 73 deg.3555"; 
thence True west to a point on shore on the northerly side of Goose 
Island at latitude 41 deg.0102", longitude 73 deg.3600"; thence True 
north to a point at the mean low water line at latitude 41 deg.0105", 
longitude 73 deg.3600"; thence along the mean low water line to the 
point of beginning.

    Note: The areas are principally for use by yachts and other 
recreational craft. Temporary floats or buoys for marking anchors will 
be allowed. Fixed mooring piles or stakes are prohibited. The anchoring 
of vessels and placing of temporary moorings will

[[Page 461]]

be under the jurisdiction, and at the discretion of the local Harbor 
Master. All moorings shall be so placed that no moored vessels will 
extend into the waters beyond the limits of the areas or closer than 50 
feet to the Federal channel limits.



Sec.  110.59  Eastern Long Island, NY.

    (a) Huntington Harbor. Beginning on the shoreline at latitude 
40 deg.5419.5", longitude 73 deg.2607.9"; thence to latitude 
40 deg.5419.5", longitude 73 deg.2602.4"; thence along the eastern 
shoreline to the Mill Dam Road Bridge; thence along the downstream side 
of the bridge to the westerly side of Huntington Harbor; thence along 
the western shoreline to the point of beginning.
    (b) Centerport Harbor. Beginning at the shoreline at latitude 
40 deg.5400" , longitude 73 deg.2255.3"; thence to latitude 
40 deg.5403.8", longitude 73 deg.2252.1"; thence along the eastern 
shoreline to the Mill Dam Bridge; thence along the downstream side of 
the bridge to the westerly side of Centerport Harbor; thence along the 
western shoreline to the point of beginning.
    (c) Northport Harbor. Beginning on the shoreline at 40 deg.5425" 
N., 73 deg.2205" W.; thence to 40 deg.5437.5" N., 73 deg.2132.9" W.; 
thence along the eastern shoreline to 40 deg.5333.1" N., 
73 deg.2128.2" W.; thence to 40 deg.5325.8" N., 73 deg.2137.7" W.; 
thence along the shoreline to the point of beginning.
    (d) Cold Spring Harbor. That portion of the waters of Cold Spring 
Harbor easterly of a line ranging from the cupola in the extreme inner 
harbor through Cold Spring Harbor Light; southerly of a line ranging 
from the southernmost point of an L-shaped pier off Wawepex Grove 
through the Clock Tower at Laurelton and northerly of a line ranging 
from the outer end of the Socony Mobil Oil Company's pier at Cold Spring 
Harbor through the Clock Tower at Laurelton, with the exception of an 
area within a 300-foot radius of the outer end of the Socony Mobil Oil 
Company's pier.
    (e) Oyster Bay Harbor, New York. That portion of Oyster Bay Harbor 
adjacent to the easterly side of Centre Island, westerly of a line on 
range with Cold Spring Harbor Light and the Stone House on the end of 
Plum Point, Centre Island.
    (f) Harbor of Oyster Bay, Oyster Bay, New York. The water area north 
of the town of Oyster Bay enclosed by a line beginning on the shoreline 
at latitude 40 deg.5235.5" N., longitude 73 deg.3217" W.; thence to 
latitude 40 deg.5259.5" N., longitude 73 deg.3218" W.; thence to 
latitude 40 deg.5300" N., longitude 73 deg.3053" W.; thence to 
latitude 40 deg.5239" N., longitude 73 deg.3054" W.; thence to the 
shoreline at latitude 40 deg.5225" N., longitude 73 deg.3118" W.; 
thence following the shoreline to the point of beginning.
    (g) Harbor of Oyster Bay, New York, Moses Point to Brickyard Point. 
That portion of the waters of the Harbor of Oyster Bay enclosed by a 
line beginning at Moses Point on Centre Island at latitude 40 deg.5311" 
N., longitude 73 deg.3114" W.; thence to latitude 40 deg.5302" N., 
longitude 73 deg.3122" W.; thence to latitude 40 deg.5302" N., 
longitude 73 deg.3200" W.; thence to Brickyard Point on Centre Island 
at 40 deg.5306" N., longitude 73 deg.3200" W.; thence following the 
shoreline to the point of beginning.

    Note: The anchoring of vessels and placement of temporary moorings 
in anchorage areas described in paragraph (g) of this section will be 
under the jurisdiction of the local Harbormaster appointed in accordance 
with Article 12 of the Village Ordinance of the Village of Centre 
Island, New York.

    (h) Coecles Harbor at Shelter Island, New York. That portion of 
Coecles Harbor bounded on the North by a line drawn between the 
northernmost point of land at Sungic Point and latitude 41 deg.0409" 
North, longitude 72 deg.1754" West, thence eastward along the shoreline 
to the point of origin.
    (i) West Neck Harbor at Shelter Island, New York. That portion of 
West Neck Harbor bounded on the North by a line drawn between latitude 
41 deg.0248" North, longitude 72 deg.2027" West and a point on Shell 
Beach located at latitude 41 deg.0229" North, longitude 72 deg.2059" 
West; thence eastward along the shoreline to the point of origin.

[USCG-2008-0179, 73 FR 35009, June 19, 2008, as amended by USCG-2014-
0410, 79 FR 38432, July 7, 2014]



Sec.  110.60  Captain of the Port, New York.

    (a) Western Long Island Sound. (1) Glen Island. All waters 
surrounding Glen Island bound by the following points: 40 deg.5253.1" 
N, 073 deg.4658.9" W;

[[Page 462]]

thence to 40 deg.5246.6" N, 073 deg.4702.7" W; thence to 
40 deg.5301.3" N, 073 deg.4722.6" W; thence to a line drawn from 
40 deg.5324.4" N, 073 deg.4656.7" W to 40 deg.5320.6" N, 
073 deg.4651.2" W, excluding all waters within 25 feet of the 50-foot 
channel west and south of Glen Island.
    (2) Echo Bay. All waters northwest of a line drawn from 
40 deg.5410.0" N, 073 deg.4552.9" W to 40 deg.5425.0" N, 
073 deg.4538.4" W.

    Note to paragraph (a)(2):
    An ordinance of the Town of New Rochelle NY requires a permit from 
the New Rochelle Harbor Master or the New Rochelle Superintendent of 
Bureau of Marinas, Docks and Harbors before any mooring is placed in 
this special anchorage area.

    (3) Glen Island, East. All waters east of Glen Island, bound by the 
following points: 40 deg.5301.4" N, 073 deg.4651.4" W; thence to 
40 deg.5303.1" N, 073 deg.4644.4" W; thence to 40 deg.5306.2" N, 
073 deg.4638.0" W; thence to 40 deg.5315.0" N, 073 deg.4644.0" W; 
thence along the shoreline to the point of origin.
    (4) City Island, Eastern Shore. All waters bound by the following 
points: 40 deg.5012.0" N, 073 deg.4657.3" W; thence to 40 deg.5031.9" 
N, 073 deg.4618.3" W; thence to 40 deg.5117.0" N, 073 deg.4649.9" W; 
thence to 40 deg.5119.8" N, 073 deg.4651.3" W; thence to 
40 deg.5147.0" N, 073 deg.4702.5" W; thence to 40 deg.5128.5" N, 
073 deg.4731.7" W; thence to 40 deg.5125.1" N, 073 deg.4729.9" W; 
thence along the shoreline to the point of origin, excluding the Cable 
and Pipeline Area between City and Hart Islands.
    (5) City Island, Western Shore. All waters bound by the following 
points: 40 deg.5011.6" N, 073 deg.4658.4" W; thence to 40 deg.5002.5" 
N, 073 deg.4723.3" W; thence to 40 deg.5043.7" N, 073 deg.4756.0" W; 
thence to 40 deg.5115.9" N, 073 deg.4736.0" W; thence to 
40 deg.5115.9" N, 073 deg.4728.6" W; thence along the shoreline to the 
point of origin.
    (6) Eastchester Bay, Western Shore. All waters shoreward of a line 
connecting the following points: 40 deg.4931.3" N, 073 deg.4826.3" W; 
thence to 40 deg.5056.4" N, 073 deg.4849.2" W; thence to 
40 deg.5055.3" N, 073 deg.4855.4" W; thence along the shoreline to the 
point of origin.
    (7) Eastchester Bay, Locust Point. All waters west of a line drawn 
from 40 deg.4856.3" N, 073 deg.4756.2" W to 40 deg.4834.4" N, 
073 deg.4756.2" W.
    (8) Manhasset Bay, Plum Point. All waters bound by the following 
points: 40 deg.5002.9" N, 073 deg.4337.3" W; thence to 40 deg.4954.0" 
N, 073 deg.4314.9" W; thence to 40 deg.5006.6" N, 073 deg.4251.0" W; 
thence to 40 deg.5018.6" N, 073 deg.4251.0" W; thence along the 
shoreline to the point of origin; excluding the seaplane restricted area 
described in Sec.  162.
    (9) Manhasset Bay, Toms Point. All waters bound by the following 
points: 40 deg.5020.6" N, 073 deg.4249.5" W; thence to 40 deg.5005.3" 
N, 073 deg.4249.4" W; thence to 40 deg.4958.6" N, 073 deg.4239.0" W; 
thence to 40 deg.4948.9" N, 073 deg.4255.6" W; thence to 
40 deg.4949.3" N, 073 deg.4220.4" W; thence to 40 deg.5002.5" N, 
073 deg.4214.2" W; thence to 40 deg.5011.8" N, 073 deg.4215.4" W; 
thence along the shoreline to the point of origin.
    (10) Manhasset Bay, at Port Washington. All waters bound by the 
following points: 40 deg.4944.9" N, 073 deg.4211.3" W; thence to 
40 deg.4944.3" N, 073 deg.4303.2" W; thence to 40 deg.4906.8" N, 
073 deg.4246.6" W; thence to 40 deg.4907.0" N, 073 deg.4216.2" W; 
thence along the shoreline to the point of origin.
    (11) Manhasset Bay, West Shore. All waters bound by the following 
points: 40 deg.4924.6" N, 073 deg.4340.2" W; thence to 40 deg.4933.2" 
N, 073 deg.4328.3" W; thence to 40 deg.4943.8" N, 073 deg.4353.5" W; 
thence to 40 deg.4939.2" N, 073 deg.4357.9" W; thence along the 
shoreline to the point of origin.
    (12) Manhasset Bay, Plandome. All waters bound by the following 
points: 40 deg.4841.6" N, 073 deg.42.31.7" W; thence to 40 deg.4843.6" 
N, 073 deg.4242.5" W; thence to 40 deg.4829.0" N, 073 deg.4244.4" W; 
thence to 40 deg.4827.3" N, 073 deg.4235.6" W; thence along the 
shoreline to the point of origin.
    (13) Elm Point. All waters bound by the following points: 
40 deg.4901.0" N, 073 deg.4541.9" W; thence to 40 deg.4904.4" N, 
073 deg.4545.3" W; thence to 40 deg.4913.8" N, 073 deg.4538.7" W; 
thence to 40 deg.4918.9" N, 073 deg.4528.3" W; thence to 
40 deg.4908.9" N, 073 deg.4517.5" W; thence along the shoreline to the 
point of origin.

    Note to paragraph (a)(13):
    Temporary floats or buoys for marking anchors in place are allowed. 
Fixed mooring piles or stakes are prohibited. An ordinance of the 
village of Kings Point regulates mooring and anchoring in the area which 
includes this special anchorage area.

    (14) Little Neck Bay. All waters east of a line drawn from 
40 deg.4739.4" N, 073 deg.46.27.1" W; thence to 40 deg.4836.6" N, 
073 deg.4558.5" W; thence to 40 deg.4836.4" N,

[[Page 463]]

073 deg.45.48.4" W; thence along the shoreline to the point of origin.
    (15) Hempstead Harbor, Mosquito Neck. All waters bound by the 
following points: 40 deg.5143.0" N, 073 deg.3937.1" W; thence to 
40 deg.5109.4" N, 073 deg.3932.4" W; thence to 40 deg.5114.6" N, 
073 deg.3908.9" W; thence to 40 deg.5120.0" N, 073 deg.3856.1" W; 
thence along the shoreline and breakwater to the point of origin.
    (16) Hempstead Harbor, Sea Cliff. All waters bound by the following 
points: 40 deg.5116.7" N, 073 deg.3851.9" W; thence to 40 deg.5112.9" 
N, 073 deg.3907.2" W; thence to 40 deg.5103.6" N, 073 deg.3931.6" W; 
thence to 40 deg.5024.7" N, 073 deg.3926.4" W; thence to 
40 deg.5022.0" N, 073 deg.3910.2" W; thence along the shoreline to the 
point of origin.
    (b) East River and Flushing Bay. (1) Flushing Bay, College Point 
North. All waters bound by the following points: 40 deg.4737.5" N, 
073 deg.5113.4" W; thence to 40 deg.4710.3" N, 073 deg.5134.0" W; 
thence to 40 deg.4709.1" N, 073 deg.5132.6" W; thence along the 
shoreline to the point of origin.
    (2) Flushing Bay, College Point South. All waters bound by the 
following points: 40 deg.4701.8" N, 073 deg.5129.2" W; thence to 
40 deg.4701.8" N, 073 deg.5133.2" W; thence to 40 deg.4631.7" N, 
073 deg.5115.9" W; thence to 40 deg.4646.1" N, 073 deg.5058.6" W; 
thence along the shoreline to the point of origin.
    (3) Flushing Bay, Cape Ruth. All waters bound by the following 
points: 40 deg.4639.9" N, 073 deg.5056.1" W; thence to 40 deg.4629.2" 
N, 073 deg.5114.3" W; thence to 40 deg.4612.3" N, 073 deg.5104.3" W; 
thence to 40 deg.4615.2" N, 073 deg.5055.2" W; thence along the 
shoreline to the point of origin.
    (4) Flushing Bay, Southeast Area. All waters south of a line drawn 
from 40 deg.4541.4" N, 073 deg.5057.2" W to 40 deg.4551.7" N, 
073 deg.5034.2" W.
    (5) Flushing Bay, Southwest Area. All waters bound by the following 
points: 40 deg.4536.7" N, 073 deg.5116.3" W; thence to 40 deg.4548.5" 
N, 073 deg.5058.4" W; thence to 40 deg.4551.3" N, 073 deg.5059.2" W; 
thence to 40 deg.4549.4" N, 073 deg.5107.5" W; thence to 
40 deg.4558.7" N, 073 deg.5113.4" W; thence to 40 deg.4602.1" N, 
073 deg.5120.1" W; thence to 40 deg.4554.8" N, 073 deg.5128.7" W; 
thence to 40 deg.4546.2" N, 073 deg.5135.3" W; thence northward along 
the shoreline and breakwater to the point of origin.
    (6) Flushing Bay, West Area. All waters bound by the following 
points: 40 deg.4651.1" N, 073 deg.5207.3" W; thence to 40 deg.4711.2" 
N, 073 deg.5147.1" W; thence to 40 deg.4701.9" N, 073 deg.5139.6" W; 
thence to 40 deg.4628.3" N, 073 deg.5120.0" W; thence to the point of 
origin.

    Note to paragraphs (b)(5) and (6):
    The anchoring of vessels and placing of temporary moorings in 
anchorage areas described in paragraphs (b)(5) and (b)(6) of this 
section will be under the jurisdiction, and at the discretion of the 
local Harbor Master appointed by the City of New York.

    (7) Bowery Bay. All waters bound by the following points: 
40 deg.4658.4" N, 073 deg.5344.1" W; thence to 40 deg.4703.3" N, 
073 deg.5337.4" W; thence to 40 deg.4700.3" N, 073 deg.5329.3" W; 
thence to 40 deg.4657.0" N, 073 deg.5329.8" W; thence to 
40 deg.4659.9" N, 073 deg.5334.2" W; thence to 40 deg.4658.5" N, 
073 deg.5335.8" W; thence to 40 deg.4657.1" N, 073 deg.5333.8" W; 
thence to 40 deg.4655.9" N, 073 deg.5335.2" W; thence to 
40 deg.4658.2" N, 073 deg.5339.0" W; thence to 40 deg.4656.1" N, 
073 deg.5341.4" W; thence along the shoreline and pier to the point of 
origin.
    (c) Hudson River. (1) Yonkers, Greystone Station. All waters bound 
by the following points: 40 deg.5819.8" N, 073 deg.5322.8" W; thence 
to 40 deg.5821.1" N, 073 deg.5328.7" W; thence to 40 deg.5842.7" N, 
073 deg.5320.3" W; thence to 40 deg.5841.8" N, 073 deg.5315.4" W; 
thence along the shoreline to the point of origin.
    (2) Yonkers, North Glenwood. All waters bound by the following 
points: 40 deg.5726.8" N, 073 deg.5346.6" W; thence to 40 deg.5727.3" 
N, 073 deg.5348.8" W; thence to 40 deg.5755.3" N, 073 deg.5334.4" W; 
thence to 40 deg.5753.6" N, 073 deg.5328.6" W; thence along the 
shoreline to the point of origin.
    (3) Nyack. That portion of the Hudson River bound by the following 
points: 41 deg.0606.8" N, 073 deg.5455.5" W; thence to 41 deg.0606.8" 
N, 073 deg.5418.0" W; thence to 41 deg.0500.0" N, 073 deg.5418.0" W; 
thence to 41 deg.0500.0" N, 073 deg.5502.2" W; thence along the 
shoreline to the point of origin (NAD 1983), excluding a fairway in the 
charted cable area that is marked with buoys.

    Note to paragraph (c)(3):
    The area is principally for use by yachts and other recreational 
craft. A mooring buoy is permitted.

    (4) Manhattan, Fort Washington Point. All waters bound by the 
following points: 40 deg.5108.1" N, 073 deg.5636.7" W; thence to 
40 deg.5109.4" N, 073 deg.5640.9" W; thence to 40 deg.5208.3" N, 
073 deg.5556.6" W;

[[Page 464]]

thence along the shoreline to the point of origin.
    (5) Yonkers, Main Street. All waters bound by the following points 
40 deg.5615.4" N, 073 deg.5411.2" W; thence to 40 deg.5616.7" N, 
073 deg.5420.2" W; thence to 40 deg.5608.9" N, 073 deg.5422.6" W; 
thence to 40 deg.5607.9" N, 073 deg.5416.9" W; thence to 
40 deg.5607.0" N, 073 deg.5417.3" W.
    (6) Yonkers, JFK Marina. All waters bound by the following points: 
40 deg.5728.5" N, 073 deg.5346.0" W; thence to 40 deg.5730.5" N, 
073 deg.5356.8" W; thence to 40 deg.5707.5" N, 073 deg.5406.2" W; 
thence to 40 deg.5706.0" N, 073 deg.5359.5" W; thence along the 
shoreline to the point of origin.

    Note to paragraphs (c)(5) and (6):
    The areas designated by paragraphs (c)(5) and (c)(6) are limited to 
vessels no greater than 20 meters in length and is primarily for use by 
recreational craft on a seasonal or transient basis. These regulations 
do not prohibit the placement of moorings within the anchorage area, but 
requests for the placement of moorings should be directed to the local 
government to ensure compliance with local and state laws. All moorings 
shall be so placed that no vessel, when anchored, will at any time 
extend beyond the limits of the area. Fixed mooring piles or stakes are 
prohibited. Mariners are encouraged to contact the local harbormaster 
for any additional ordinances and to ensure compliance with additional 
applicable state and local laws.

    (7) Hastings-on-Hudson. All waters bound by the following points: 
40 deg.5956.0" N, 073 deg.5305.4" W; thence to 40 deg.5956.3" N, 
073 deg.5309.6" W; thence to 41 deg.0005.1" N, 073 deg.5309.2" W; 
thence to 41 deg.0014.7" N, 073 deg.5306.4" W; thence to 
41 deg.0014.5" N, 073 deg.5300.5" W; thence along the shoreline to the 
point of origin.
    (8) Tarrytown. All waters bound by the following points: 
41 deg.0421.0" N, 073 deg.5203.4" W; thence to 41 deg.0421.0" N, 
073 deg.5211.3" W; thence to 41 deg.0413.6" N, 073 deg.5211.0" W; 
thence to 41 deg.0413.6" N, 073 deg.5200.5" W; thence along the 
shoreline to the point of origin.
    (9) West Point. All waters west of a line drawn from 41 deg.2310.0" 
N, 073 deg.5718.1" W to 41 deg.2323.5" N, 073 deg.5711.5" W.
    (10) Haverstraw. That portion of the Hudson River bound by the 
following points: 41 deg.1125.2" N, 073 deg.5719.9" W; thence to 
41 deg.1134.2" N, 073 deg.5700.8" W; thence to 41 deg.1141.9" N, 
073 deg.5707.5" W; thence to 41 deg.1131.8" N, 073 deg.5726.5" W; 
thence to 41 deg.1130.8" N, 073 deg.5724.9" W; thence to the point of 
origin.
    (11) Cedar Hill. All waters bound by the following points: 
42 deg.3233.1" N, 073 deg.4533.1" W; thence to 42 deg.3233.1" N, 
073 deg.4528.3" W; thence to 42 deg.3249.2" N, 073 deg.4526.6" W; 
thence to 42 deg.3249.3" N, 073 deg.4531.1" W; thence along the 
shoreline to the point of origin.
    (12) 79th Street Boat Basin South. All waters of the Hudson River 
enclosed by a line beginning at the northwest corner of the 70th Street 
pier at approximate position 40 deg.4647.10" N, 073 deg.5929.13" W; 
thence to 40 deg.4702.60" N, 073 deg.5917.88" W; thence to 
40 deg.4659.73" N, 073 deg.5913.01" W; thence along the shoreline and 
pier to the point of beginning.
    (13) 79th Street Boat Basin North. All waters of the Hudson River 
enclosed by a line beginning on the shoreline near West 110th Street at 
approximate position 40 deg.4821.06" N, 073 deg.5815.72" W; thence to 
40 deg.4821.06" N, 073 deg.5824.00" W; thence to 40 deg.4714.70" N, 
073 deg.5909.00" W; thence to 40 deg.4711.84" N, 073 deg.5908.90" W; 
thence along the breakwater and shoreline to the point of beginning.
    (i) The anchoring of vessels and use of the moorings in anchorage 
areas described in paragraphs (c)(12) and (13) of this section will be 
under the supervision of the local Harbor Master appointed by the City 
of New York. Mariners may contact the boat basin on VHF CH 9 or at (212) 
496-2105 for mooring and anchoring availability. All moorings or anchors 
shall be placed well within the anchorage areas so that no portion of 
the hull or rigging will at any time extend outside of the anchorage.
    (ii) [Reserved]
    (d) New York Harbor. (1) Newark Bay, Southeast. All waters bound by 
the following points: 40 deg.3927.9" N, 074 deg.0807.1" W; thence to 
40 deg.3931.7" N, 074 deg.0813.4" W; thence to 40 deg.3931.4" N, 
074 deg.0824.6" W; thence to 40 deg.3952.4" N, 074 deg.0811.7" W; 
thence to 40 deg.3947.8" N, 074 deg.0759.4" W; thence along the 
shoreline to the point of origin.
    (2) Great Kills Harbor. All waters northeast of a line connecting 
the following points: 40 deg.3206.4" N, 074 deg.0824.5" W; thence to 
40 deg.3206.9" N, 074 deg.0825.8" W; thence to 40 deg.3219.0" N, 
074 deg.0821.1" W; thence to 40 deg.3228.1" N, 074 deg.0824.3" W; 
thence to 40 deg.3240.3" N, 074 deg.0808.4" W; thence to 
40 deg.3245.2" N, 074 deg.0811.4" W;

[[Page 465]]

thence along the northern and eastern shoreline to the point of origin.

    Note to paragraph (d)(2):
    The special anchorage area is principally for use by yachts and 
other recreational craft. A temporary float or buoy for marking the 
location of the anchor of a vessel at anchor may be used. Fixed mooring 
piles or stakes are prohibited. Vessels shall be anchored so that no 
part of the vessel comes within 50 feet of the marked channel.

    (3) Jamaica Bay, Canarsie Beach. All waters bound by the following 
points: 40 deg.3722.0" N, 073 deg.5343.5" W; thence to 40 deg.3718.4" 
N, 073 deg.5332.9" W; thence to 40 deg.3737.6" N, 073 deg.5306.5" W; 
thence to 40 deg.3742.9" N, 073 deg.5314.4" W; thence along the 
shoreline to the point of origin.
    (4) Jamaica Bay, East Broad Channel. All waters bound by the 
following points: 40 deg.3548.5" N, 073 deg.4912.5" W; thence to 
40 deg.3550.2" N, 073 deg.4904.7" W; thence to 40 deg.3623.4" N, 
073 deg.4856.3" W; thence along the shoreline to the point of origin.

    Note to paragraph (d)(5):
    The area will be principally for use by yachts and other 
recreational craft. Temporary floats or buoys for marking anchors will 
be allowed.

    (5) Sheepshead Bay, West. All waters bound by the following points: 
40 deg.3500.0" N, 073 deg.5654.8" W; thence to 40 deg.3458.9" N, 
073 deg.5709.6" W; thence to 40 deg.3456.6" N, 073 deg.5709.1" W; 
thence to 40 deg.3457.5" N, 073 deg.5654.4" W; thence to the point of 
origin.
    (6) Sheepshead Bay, North. All waters bound by the following points: 
40 deg.3458.5" N, 073 deg.5600.5" W; thence to 40 deg.3458.6" N, 
073 deg.5626.0" W; thence to 40 deg.3456.6" N, 073 deg.5626.8" W; 
thence to 40 deg.3454.8" N, 073 deg.5624.8" W; thence to 
40 deg.3455.4" N, 073 deg.5610.1" W; thence to 40 deg.3457.9" N, 
073 deg.5600.5" W; thence to the point of origin.
    (7) Sheepshead Bay, South. All waters bound by the following points: 
40 deg.3454.2" N, 073 deg.5601.8" W; thence to 40 deg.3453.6" N, 
073 deg.5627.2" W; thence to 40 deg.3455.8" N, 073 deg.5643.6" W; 
thence to 40 deg.3454.5" N, 073 deg.5643.6" W; thence to 
40 deg.3452.0" N, 073 deg.5634.0" W; thence to 40 deg.3453.1" N, 
073 deg.5601.6" W; thence to the point of origin.
    (i) The anchoring of vessels and use of the moorings in anchorage 
areas described in paragraphs (d)(6) through (8) of this section will be 
under the supervision of the local Harbor Master appointed by the City 
of New York. Mariners may contact the Harbor Master at (718) 478-0480. 
All moorings or anchors shall be placed well within the anchorage areas 
so that no portion of the hull or rigging will at any time extend 
outside of the anchorage. For guest moorings and access to and from the 
anchorage areas described in paragraphs (d)(6) through (8) mariners may 
contact the following boating clubs: Miramar Yacht Club (718) 769-3548; 
Port Sheepshead (917) 731-8607; or Sheepshead Yacht Club (718) 891-0991.
    (ii) [Reserved]
    (8) Lower Bay, Point Comfort. All waters bound by the following 
points: 40 deg.2718.5" N, 074 deg.0824.5" W; thence to 40 deg.2737.4" 
N, 074 deg.0851.8" W; thence to 40 deg.2751.4" N, 074 deg.0831.9" W; 
thence to 40 deg.2749.7" N, 074 deg.0744.9" W; thence to 
40 deg.2715.3" N, 074 deg.0745.7" W; thence along the shoreline to the 
point of origin.
    (9) Perth Amboy, NJ. All waters bound by the following points: 
40 deg.3026.00" N, 074 deg.1542.00" W; thence to 40 deg.3024.29" N, 
074 deg.1535.20" W; thence to 40 deg.3002.79" N, 074 deg.1544.16" W; 
thence to 40 deg.2935.70" N, 074 deg.1608.88" W; thence to 
40 deg.2931.00" N, 074 deg.1620.75" W; thence to 40 deg.2947.26" N, 
074 deg.1649.82" W; thence to 40 deg.3002.00" N, 074 deg.1641.00" W, 
thence along the shoreline to the point of origin.
    (i) This area is limited to vessels no greater than 20 meters in 
length and is primarily for use by recreational craft on a seasonal or 
transient basis. These regulations do not prohibit the placement of 
moorings within the anchorage area, but requests for the placement of 
moorings should be directed to the Raritan Yacht Club Fleet Captain 
(telephone 732-826-2277 or VHF Channel 9) to ensure compliance with 
local and State laws. All moorings shall be so placed that no vessel, 
when anchored, will at any time extend beyond the limits of the area. 
Fixed mooring piles or stakes are prohibited seaward of the pier head 
line. Mariners are encouraged to contact the Raritan Yacht Club Fleet 
Captain for any additional ordinances or laws and to ensure compliance 
with additional applicable State and local laws.
    (ii) [Reserved]

[[Page 466]]

    (e) Datum. All positions are NAD 1983.

[USCG-2008-0179, 73 FR 35010, June 19, 2008, as amended by USCG-2008-
0047, 74 FR 46010, Sept. 8, 2009; USCG-2010-0351, 75 FR 36282, June 25, 
2010; USCG-2011-0563, 78 FR 51064, Aug. 20, 2013; USCG-2015-0038, 81 FR 
18496, Mar. 31, 2016]



Sec.  110.65  Indian River Bay, Del.

    Beginning at a point bearing 174 deg., 300 feet, from a point on the 
southerly edge of the project channel 5,500 feet westerly from the State 
highway bridge across Indian River Inlet; thence 174 deg., 600 feet; 
thence 264 deg., 800 feet; thence 354 deg., 600 feet; and thence 
84 deg., 800 feet, to the point of beginning.



Sec.  110.67  Delaware River, Essington, Pa.

    North of Little Tinicum Island, between the mouth of Darby Creek and 
Jansen Avenue, Essington, bounded as follows: Beginning at a point 
(approximately latitude 39 deg.5131", longitude 75 deg.1743") on a 
line in prolongation of the westerly line of Jansen Avenue 135 yards 
southerly from the mean high water line; thence 184 deg., 300 yards; 
thence 274 deg.30, 1,700 yards; thence 04 deg., 425 yards; thence 
100 deg., 1,225 yards; and thence 95 deg., 490 yards, to the point of 
beginning.



Sec.  110.70  Chesapeake and Delaware Canal, easterly of Courthouse Point, Md.

    The waters southerly of a line joining the northernmost extremity of 
Courthouse Point and the westernmost point of Herring Island; westerly 
of a line bearing 180 deg. from a point on the aforesaid line 220 yards 
from the westernmost point of Herring Island; and northerly and easterly 
of the shoreline.



Sec.  110.70a  Northeast River, North East, Md.

    The water area west of North East Heights, Maryland enclosed by a 
line beginning on the shoreline at latitude 39 deg.3426" N., longitude 
75 deg.5718" W.; thence westerly to latitude 39 deg.3426" N., 
longitude 75 deg.5729" W.; thence northeasterly to latitude 
39 deg.3430" N., longitude 75 deg.5727" W.; thence easterly to the 
shoreline at latitude 39 deg.3430" N., longitude 75 deg.5718" W.; 
thence southerly following the shoreline to the point of beginning.

[CGD 73-189R, 39 FR 5314, Feb. 12, 1974]



Sec.  110.71  Jacobs Nose Cove, Elk River, Md.

    The water area of Jacobs Nose Cove, on the west side of the mouth of 
Elk River, Maryland, comprising the entire cove south of Jacobs Nose as 
defined by the shoreline and a line bearing 046 deg.--226 deg. true 
across the entrance of the cove tangent to the shore on both the north 
and south sides.

[CGD 77-143, 44 FR 18663, Mar. 29, 1979]



Sec.  110.71a  Cabin Creek, Grasonville, Md.

    The waters of Cabin Creek, Maryland, enclosed by a line drawn from 
latitude 38 deg.5634" N., longitude 76 deg.1249" W., on the western 
shore to latitude 38 deg.5628" N., longitude 76 deg.1229" W., on the 
eastern shore; thence following the general line of the shore to the 
point of beginning.

[CGD 78-026, 44 FR 6910, Feb. 5, 1979]



Sec.  110.71b  Wye River, Wye, Md.

    The waters of a cove on the western shore of Wye River opposite Drum 
Point enclosed by a line drawn from latitude 38 deg.5317" N., longitude 
76 deg.1123" W., to latitude 38 deg.5318" N., longitude 76 deg.1123" 
W., to latitude 38 deg.5318" N., longitude 76 deg.1113" W.; thence 
following the shoreline to the point of beginning.

[CGD 78-026, 44 FR 6910, Feb. 5, 1979]



Sec.  110.72  Blackhole Creek, Md.

    The waters on the west side of Blackhole Creek, a tributary of 
Magothy River, southwest of a line bearing 310 deg.30 from the most 
northerly tip of an unnamed island located 0.16 mile upstream from the 
mouth of the creek approximately 660 feet to the west shore of the 
creek; northwest of a line ranging from the southwesterly tip of the 
island toward the point of land on the west shore of the creek 
immediately southwest thereof; and north of a line 100 feet from and 
parallel to the shore of the creek to its intersection with the south 
property line extended of the Potapskut Sailing Association, Inc.,

[[Page 467]]

thence northwesterly along the said property line extended to the shore.



Sec.  110.72a  Chester River, southeast of Chestertown, Md.

    The waters of the Chester River enclosed by a line beginning at a 
point on the Rolph Marina pier at latitude 39 deg.1025" N., longitude 
76 deg.0217" W.; thence 327 deg. to a point 400 feet southwest of the 
entrance to Hambleton Creek at latitude 39 deg.1055" N., longitude 
76 deg.0240" W.; thence northeasterly to the eastern side of the 
entrance to Hambleton Creek; thence southerly following the shoreline to 
the Rolph Point Marina pier; thence southwesterly along the Rolph Point 
Marina pier to the point of beginning.

[CGD 73-10R, 38 FR 33973, Dec. 10, 1973]



Sec.  110.72aa  Elizabeth River Spectator Vessel Anchorage Areas, 
between Norfolk and Portsmouth, Virginia.

    (a) Special Anchorage Areas. (1) The waters of the Elizabeth River 
bounded by the shore and a line drawn between Hospital Point at latitude 
Latitude 36 deg.5050.5" North, longitude 76 deg.1809.0" West, and the 
tip of the channelside pier at the Holiday Inn Marina at latitude 
36 deg.5029.5" North, longitude 76 deg.1752.5" West.
    (2) The waters of the Elizabeth River adjacent to the Port Norfolk 
Reach section of the Elizabeth River, bounded by the shore and a line 
drawn between Hospital Point at latitude 36 deg.5050.55" North, 
longitude 76 deg.1814.509.0" West, and the tip of the southern most 
railroad pier at Port Norfolk at latitude 36 deg.5114.5" North, 
longitude 76 deg.1844.0" West.
    (b) Effective period. These special anchorage areas in paragraph (a) 
of this section are only in effect when the regulations in Sec.  100.501 
of this title are in effect.

[CGD05-88-12, 53 FR 20320, June 3, 1988]



Sec.  110.72b  St. Simons Island, Georgia.

    The area beginning at a point southwest of Frederica River Bridge, 
St. Simons Island Causeway at latitude 31 deg.0958" N., longitude 
81 deg.2455" W.; thence southwesterly to latitude 31 deg.0942" N., 
longitude 81 deg.2510" W.; thence westerly to the shoreline at latitude 
31 deg.0945" N., longitude 81 deg.2520" W.; thence northeasterly along 
the shoreline to latitude 31 deg.1002" N., longitude 81 deg.2500" W.; 
thence southeasterly to the point of origin.

[CGD 76-47, 42 FR 40694, Aug. 11, 1977]



Sec.  110.72c  Lake Murray, S.C.

    (a) The area beginning at the 125 foot pier of the Columbia Sailing 
Club, approximately latitude 34 deg.0351" N., longitude 81 deg.1337" 
W.; thence 167 deg. to latitude 34 deg.0343.6" N., longitude 
81 deg.1339.2" W.; thence easterly to latitude 34 deg.0345" N., 
longitude 81 deg.1332.1" W.; thence 347 deg. to the shoreline, thence 
along the shoreline to the beginning.

[CGD 77-189, 43 FR 14470, Apr. 6, 1978]



Sec.  110.72d  Ashley River, SC.

    All waters on the southwest portion of the Ashley River encompassed 
within the following points: Beginning at latitude 32 deg.4640" N, 
longitude 79 deg.5727" W; thence continuing north-northeasterly to 
latitude 32 deg.4644" N, longitude 79 deg.5725" W; thence continuing 
southeasterly to latitude 32 deg.4640" N, longitude 79 deg.5722" W; 
thence continuing southeasterly to latitude 32 deg.4627" N, longitude 
79 deg.5703" W; thence continuing west-southwesterly to latitude 
32 deg.4625" N, longitude 79 deg.5709" W; thence continuing 
northwesterly to the beginning point at latitude 32 deg.4640" N, 
longitude 79 deg.5727" W. All coordinates are North American Datum 
1983.

[USCG-2013-0819, 79 FR 62570, Oct. 20, 2014]



Sec.  110.73  St. Johns River, Fla.

    (a) Area A. The waters lying within an area bounded by a line 
beginning at a point located at the west bank of St. Johns River at 
latitude 30 deg.1511", longitude 81 deg.4123"; thence to latitude 
30 deg.1513", longitude 81 deg.4114"; thence to latitude 
30 deg.1503", longitude 81 deg.4111"; thence to latitude 
30 deg.1504", longitude 81 deg.4120"; and thence to the point of 
beginning.
    (b) Area B. The waters lying within an area bounded by a line 
beginning at latitude 30 deg.1503", longitude 81 deg.4128"; thence to 
latitude 30 deg.1502", longitude 81 deg.4110"; thence to latitude 
30 deg.1456", longitude 81 deg.4108"; thence to latitude 
30 deg.1454.5", longitude 81 deg.4110.5"; and thence to the point of 
beginning.

[[Page 468]]



Sec.  110.73a  Indian River at Sebastian, Fla.

    Beginning at a point on the shoreline at latitude 27 deg.4940" N., 
longitude 80 deg.2826" W.; thence 060 deg. to latitude 27 deg.4946" 
N., longitude 80 deg.2813" W.; thence 156 deg. to latitude 
27 deg.4931" N., longitude 80 deg.2805" W.; thence 242 deg. to 
latitude 27 deg.4925" N., longitude 80 deg.2818" W.; thence northerly 
along the shoreline to the point of beginning.

    Note: This area is principally for use by commercial fishing vessels 
less than 65 feet in length.

[CGD 74-104, 40 FR 2689, Jan. 15, 1975]



Sec.  110.73b  Indian River at Vero Beach, Fla.

    (a) Area A. Beginning at a point located on the eastern shore of 
Fritz Is. at latitude 27 deg.3932.5" N., longitude 80 deg.2220.6" W. 
following the shoreline northward to the northwest point at latitude 
27 deg.3946" N., longitude 80 deg.2225.9" W., thence due east to a 
point on Orchid Is. at approximately latitude 27 deg.3946" N., 
longitude 80 deg.2216.2" W., thence southerly along the shoreline of 
Orchid Is. to latitude 27 deg.3932.5" N., longitude 80 deg.2213.4" W., 
thence due west to the point of beginning.
    (b) Area B. Beginning at a point located at the entrance channel 
marker No. 2 at latitude 27 deg.3912" N., longitude 80 deg.2217.3" W., 
thence northeasterly to channel marker No. 4 at latitude 27 deg.3921" 
N., longitude 80 deg.2215.8" W., thence due east to Orchid Is. at 
approximately latitude 27 deg.3921" N., longitude 80 deg.2211.8" W., 
thence southerly along the western shoreline of Orchid Is. to latitude 
27 deg.3912" N., longitude 80 deg.2215.6" W., thence due west to the 
point of beginning.
    (c) Vessels shall be so anchored so that no part of the vessel 
obstructs the turning basin or channels adjacent to the special 
anchorage areas.

[CGD7-84-40, 51 FR 395, Jan. 6, 1986]



Sec.  110.73c  Okeechobee Waterway, St. Lucie River, Stuart, FL.

    The following is a special anchorage area: Beginning on the 
Okeechobee Intracoastal Waterway between mile marker 7 and 8 on the St. 
Lucie River, bounded by a line beginning at 27 deg.1206.583" N, 
80 deg.1533.447" W; thence to 27 deg.1207.811" N, 80 deg.1538.861" W; 
thence to 27 deg.1204.584" N, 80 deg.1541.437" W; thence to 
27 deg.1149.005" N, 80 deg.1544.796" W; thence to 27 deg.1147.99" N, 
80 deg.1544.78" W; thence to 27 deg.1142.51" N, 80 deg.1549.36" W; 
thence to 27 deg.1141.40" N, 80 deg.1547.70" W; thence to 
27 deg.1140.44" N, 80 deg.1544.64" W; thence to 27 deg.1143.49" N, 
80 deg.1540.74" W; thence to 27 deg.1146.82" N, 80 deg.1537.9647" W; 
thence to 27 deg.1147.881" N, 80 deg.1538.271" W; thence back to the 
original point. All coordinates reference Datum NAD:83.

    Note: This area is principally used by recreational vessels. The 
mooring of vessels in this area is administered by the local 
Harbormaster, City of Stuart, Florida.

[CGD07-99-058, 65 FR 2877, Jan. 19, 2000, as amended by CGD07-03-110, 69 
FR 5275, Feb. 4, 2004]



Sec.  110.74  Marco Island, Marco River, Fla.

    Beginning at a point approximately 300 feet east of the Captains 
Landing Docks at latitude 25 deg.5804" N., longitude 81 deg.4331" W.; 
thence 108 deg., 450 feet; thence 198 deg., 900 feet; thence 288 deg., 
450 feet; thence 018 deg., 900 feet to the point of beginning.

    Note: The area is principally for use by yachts and other 
recreational craft. Fore and aft moorings will be allowed. Temporary 
floats or buoys for marking anchors in place will be allowed. Fixed 
mooring piles or stakes are prohibited. All moorings shall be so placed 
that no vessel, when anchored, shall at any time extend beyond the 
limits of the area.

[CGFR 70-53A, 35 FR 14506, Sept. 16, 1970]



Sec.  110.74a  Manatee River, Bradenton, Fla.

    The waters of the Manatee River enclosed by a line beginning at 
latitude 27 deg.3118.6" N. longitude 82 deg.3649.2" W.; thence 
westerly to latitude 27 deg.3121" N., longitude 82 deg.377.2" W.; 
thence northwesterly to latitude 27 deg.3122.2" N., longitude 
82 deg.378.4" W.; thence northeasterly to latitude 27 deg.3125.8" N., 
longitude 82 deg.3700" W.; thence easterly to latitude 27 deg.3124" 
N., longitude 82 deg.3644.4" W.; thence to the point of beginning.

[CGD 79-118, 45 FR 32673, May 19, 1980]



Sec.  110.74b  Apollo Beach, Fla.

    Beginning at a point approximately 300 feet south of the Tampa 
Sailing

[[Page 469]]

Squadron at latitude 27 deg.4650.2" N., longitude 82 deg.2527.8" W.; 
thence southeasterly to latitude 27 deg.4645.6" N., longitude 
82 deg.2523.2" W.; thence southwesterly to latitude 27 deg.4635.8" N., 
longitude 82 deg.2534.8" W., thence northwesterly to latitude 
27 deg.4639.9" N., longitude 82 deg.2539.6" W., thence to the point of 
beginning.

[CGD 7-80-03, 45 FR 79031, Nov. 28, 1980]



Sec.  110.74c  Bahia de San Juan, PR.

    The waters of San Antonio Channel, Bahia de San Juan, eastward of 
longitude 66 deg.0545" W.

[CGD 7-83-29, 49 FR 48540, Dec. 13, 1984]



Sec.  110.75  Corpus Christi Bay, Tex.

    (a) South area. Southward of the southernmost T-head pier at the 
foot of Cooper Avenue and of a line bearing 156 deg.44, 340.6 feet, 
from the southerly corner of said pier to a point on the rubble 
breakwater; westward and northward of said breakwater; and eastward of 
the Corpus Christi sea wall.



Sec.  110.77  Amistad Reservoir, Tex.

    (a) Diablo East, Tex. That portion of the Amistad Reservoir enclosed 
by a line connecting the following points, excluding a 300-foot-wide 
fairway extending northerly from the launching ramp as established by 
the Superintendent of Amistad Recreation Area:

``a'' 292854" N.                     1010110" W.
``b'' 292821" N.                     1010108" W.
``c'' 292834" N.                     1010032" W.
``d'' 292854" N.                     1010032" W.
 

    (b) Rough Canyon, Tex. That portion of the Amistad Reservoir 
enclosed by a line connecting the following points, excluding a 300-
foot-wide fairway extending westerly from the launching ramp to the 
Devils River main channel as established by the Superintendent of 
Amistad Recreation Area:

``a'' 293443" N.                     1005854" W.
``b'' 293405" N.                     1005846" W.
``c'' 293416" N.                     1005820" W.
``d'' 293427" N.                     1005811" W.
``e'' 293427" N.                     1005836" W.
``f'' 293452" N.                     1005835" W.
 

    (c) Laughlin Air Force Base Site, Tex. That portion of Amistad 
Reservoir enclosed by a line connecting the following points:

``a'' 292829" N.                     1010226" W.
``b'' 292813" N.                     1010203" W.
``c'' 292830" N.                     1010145" W.
``d'' 292842" N.                     1010200" W.
 


    Note: The areas will be principally for use by yachts and other 
recreational craft. The anchoring of vessels and the placing of 
temporary moorings will be under the jurisdiction and at the discretion 
of the Superintendent, Amistad Recreation Area.

[CGFR 70-12, 35 FR 3807, Feb. 27, 1970]



Sec.  110.77a  Duluth-Superior Harbor, Duluth, Minn.

    The area adjacent to Park Point in Duluth-Superior Harbor within the 
following boundaries: beginning at latitude 46 deg.4519.3" N., 
longitude 92 deg.0443" W.; thence to latitude 46 deg.4511.7" N., 
longitude 92 deg.0501" W.; thence to latitude 46 deg.4421.2" N., 
longitude 92 deg.0415.7" W.; thence to latitude 46 deg.4429.4" N., 
longitude 92 deg.0357.5" W.; thence to the point of beginning.

[CGD 79-170, 45 FR 32673, May 19, 1980]



Sec.  110.77b  Madeline Island, Wisconsin.

    The waters off of La Pointe Harbor, Madeline Island, Wisconsin, 
encompassed by the following: starting at 46 deg.4644.8" N, 
090 deg.4714.0" W; then south southwesterly to 46 deg.4635.5" N, 
090 deg.4717.0" W; then south southeasterly to 46 deg.4627" N, 
090 deg.4712.8" W; then east southeasterly to 46 deg.4622.6" N, 
090 deg.4658.8" W; then following the shoreline back to the starting 
point (NAD 83).

[CGD09-03-284, 69 FR 32445, June 10, 2004]



Sec.  110.78  Sturgeon Bay, Sturgeon Bay, Wis.

    (a) Area 1. Beginning at a point bearing 126 deg., 3,000 feet from 
the fixed green Sturgeon Bay Canal Leading Light mounted on the highway 
bridge; thence 120 deg., 1,200 feet, this line being parallel to and 150 
feet from the channel edge; thence 222 deg., 500 feet; thence 300 deg., 
1,200 feet; thence 042 deg., 500 feet to the point of beginning.
    (b) Area 2. Beginning at a point 160 feet from the shoreline and on 
the east line of 15th Avenue extended; thence south 530 feet to a point 
100 feet from the northern edge of the channel; thence southeasterly 
2,350 feet along a line parallel to the northern edge of

[[Page 470]]

the channel to a point on the east line of 18th Avenue extended, using 
that portion of 18th Avenue that runs in a true north-south direction 
perpendicular to Utah Street; thence north 530 feet along this line of 
18th Avenue extended to a point approximately 400 feet from the 
shoreline; thence northwesterly 2,350 feet along a line parallel to the 
northern edge of the channel to the point of beginning.

    Note: An ordinance of the City of Sturgeon Bay, Wisconsin, requires 
moorings to be approved by the Harbor Master of the City of Sturgeon Bay 
and provides for other regulation of the use of vessels and moorings in 
this area.

[CGFR 70-15A, 35 FR 8823, June 6, 1970, as amended by CGFR 70-86A, 35 FR 
18374, Dec. 3, 1970; CGD9 92-29, 58 FR 9543, Feb. 22, 1993]



Sec.  110.79a  Neenah Harbor, Neenah, Wis.

    (a) Area 1. The area of Neenah Harbor south of the main shipping 
channel within the following boundary: A line beginning at a point 
bearing 117.5 deg., 1,050 feet from the point where the southeasterly 
side of the First Street/Oak Street Bridge crosses the south shoreline 
of the river; thence 254 deg., 162 feet; thence 146 deg., 462 feet; 
164 deg., 138 feet; 123 deg., 367 feet; 068 deg., 400 feet; 044 deg., 
400 feet; thence 320 deg., 107 feet; thence 283 deg., 1,054 feet to the 
point of beginning.
    (b) Area 2. Commencing at a point where the west line of Second 
Street extended meets the north edge of the harbor, thence south to 
intersect the north edge of the channel at latitude 44 deg.1104.2" 
North, longitude 88 deg.2713.2" West, thence northwesterly to a point 
at latitude 44 deg.1106.3" North, longitude 88 deg.2716.4" West, 
thence north to the easterly end of the Neenah Dam Spillway.

    Note: An ordinance of the City of Neenah, Wis., requires approval of 
the Neenah Police Department for the location and type of individual 
moorings placed in this special anchorage area.

[CGD9 85-017, 50 FR 49844, Dec. 5, 1985]



Sec.  110.79b  Millers Bay, Lake Winnebago, Oshkosh, WI.

    The area adjacent to Menominee Park in Millers Bay within the 
following boundaries: beginning at latitude 44 deg.0147" N., longitude 
88 deg.3105" W.; thence to latitude 44 deg.0146" N., longitude 
88 deg.3100" W.; thence to latitude 44 deg.0134" N., longitude 
88 deg.3104" W.; thence to latitude 44 deg.0136" N., longitude 
88 deg.3108" W.; thence to point of beginning.

[CGD 09-80-01, 47 FR 18333, Apr. 29, 1982]



Sec.  110.79c  Fish Creek Harbor, Fish Creek, Wisconsin.

    The area within the following boundaries: Beginning at latitude 
45 deg.0758" N., longitude 87 deg.1441" W.; thence to latitude 
45 deg.0758" N., longitude 87 deg.1435" W.; thence to latitude 
45 deg.0750" N., longitude 87 deg.1430" W.; thence to latitude 
45 deg.0747" N., longitude 87 deg.1438" W.; thence to the point of 
beginning.

[CGD 09-82-04, 48 FR 11268, Mar. 14, 1983]



Sec.  110.80  Milwaukee Harbor, Milwaukee, Wis.

    (a) McKinley Park. The water area east of McKinley Park enclosed by 
a line beginning at McKinley Park Jetty Light; thence 090 deg., 500 feet 
to a point on the breakwater; thence northerly and northwesterly 
following the breakwater, piers, jetty and natural shoreline to the 
point of beginning.
    (b) South Shore Park. The water area northeast of South Shore Park 
enclosed by a line beginning at the northeast corner of the jetty at 
latitude 43 deg.0007.5" N., longitude 87 deg.5308" W.; thence to 
latitude 43 deg.0005" N., longitude 87 deg.5301" W.; thence to 
latitude 42 deg.5955" N., longitude 87 deg.5253" W.; thence to 
latitude 42 deg.5940" N., longitude 87 deg.5233.5" W.; thence to a 
point of the shoreline at latitude 42 deg.5934" N., longitude 
87 deg.5243.5" W.; thence following the shoreline to the point of 
beginning.
    (c) Bay View Park. The water area east of Bay View Park enclosed by 
a line beginning on the shoreline at latitude 42 deg.5928.5" N., 
longitude 87 deg.5235" W.; thence to latitude 42 deg.5935.5" N., 
longitude 87 deg.5227" W.; thence to latitude 42 deg.5908" N., 
longitude 87 deg.5137" W.; thence to a point on the shoreline at 
latitude 42 deg.5859" N., longitude 87 deg.5146" W.; thence following 
the shoreline to the point of beginning.

    Note: An ordinance of the City of Milwaukee, Wisconsin requires the 
approval of

[[Page 471]]

the Milwaukee Harbor Master for the location and type of moorings placed 
in these special anchorage areas.

[CGD 73-48R, 39 FR 12007, Apr. 2, 1974]



Sec.  110.80a  Lake Macatawa, Mich.

    An area located on the south side of Lake Macatawa near the entrance 
to Lake Michigan, shoreward (south) of a line commencing offshore of 
Macatawa Park at a point 960 feet S 156 deg. E from the light on the 
south pier at the entrance to the Lake, and extending 1,550 feet N 
82 deg. E toward the northwest corner of the Macatawa Bay Yacht Club 
pier.



Sec.  110.80b  Marquette Harbor, Marquette, Mich.

    The area within Marquette Harbor beginning at latitude 46 deg.3238" 
N., longitude 87 deg.2246" W.; thence to latitude 46 deg.3237" N., 
longitude 87 deg.2254" W.; thence to latitude 46 deg.3233" N., 
longitude 87 deg.2254" W.; thence to latitude 46 deg.3233" N., 
longitude 87 deg.2246" W., thence to point of origin.

    Note: An ordinance of the City of Marquette authorizes the 
Harbormaster to direct the location and length of time any watercraft 
may anchor in this area.

[CGD 79-018, 44 FR 50040, Aug. 27, 1979]



Sec.  110.81  Muskegon Lake, Mich.

    (a) Muskegon Lake West. The waters of the southwest side of Muskegon 
Lake enclosed by a line beginning at latitude 43 deg.1324" N., 
longitude 86 deg.1918.5" W.; thence 145 deg.T to latitude 
43 deg.1307.5" N., longitude 86 deg.1902.5" W.; thence 230 deg.T to 
latitude 43 deg.1304" N., longitude 86 deg.1908.5" W.; thence along 
the shoreline to the point of origin.
    (b) Muskegon Lake East. The waters of the southeast side of Muskegon 
Lake enclosed by a line beginning at latitude 43 deg.1404" N., 
longitude 86 deg.1547" W.; thence 277 deg.T to latitude 43 deg.1406.5" 
N., longitude 86 deg.1627" W.; thence 205 deg.T to the shore; thence 
along the shoreline to the point of origin.

    Note: Administration of the Special Anchorage Area is exercised by 
the City of Muskegon pursuant to local ordinances.

[CGD 79-171, 46 FR 48195, Oct. 1, 1981]



Sec.  110.81a  Lake Betsie, Frankfort, MI.

    The area within the following boundaries:

    Beginning at latitude 44 deg.3747" North, longitude 86 deg.1352.5" 
West; thence to latitude 44 deg.3751.4" North, longitude 86 deg.1349" 
West; thence to latitude 44 deg.3746.4" North, longitude 
86 deg.1337.8" West; then to latitude 44 deg.3744.8" North, longitude 
86 deg.1344.2" West; thence to point of beginning.

[CGD 09-82-06, 48 FR 33263, July 21, 1983]



Sec.  110.82  Charlevoix Harbor, Mich.

    The waters on the north side of Round Lake northward of a line 
beginning at a point approximately 200 feet south of the north shore 
bearing 60 deg., 280 feet, from the northeast corner of the Charlevoix 
Municipal Wharf, and bearing thence 92 deg., 400 feet, thence 129 deg., 
1,160 feet, and thence 110 deg. to the westerly end of the southwest 
side of Park Island.



Sec.  110.82a  Little Traverse Bay, Lake Michigan, Harbor Springs, Mich.

    (a) Area 1. Beginning at latitude 45 deg.2542.2" N., Longitude 
84 deg.597.5" W.; thence to latitude 45 deg.2539.5" N., longitude 
84 deg.5909" W.; thence to latitude 45 deg.2535" N., longitude 
84 deg.5907" W.; thence to latitude 45 deg.2535" N., longitude 
84 deg.5855.2" W.; thence to latitude 45 deg.2542.2" N., longitude 
84 deg.5856.5" W., thence to the point of beginning.
    (b) Area 2. Beginning at latitude 45 deg.2542.2" N., longitude 
84 deg.5854" W.; thence to latitude 45 deg.2535" N., longitude 
84 deg.5853" W.; thence to latitude 45 deg.2535" N., longitude 
84 deg.5824.8" W.; thence to latitude 45 deg.2536.1" N., longitude 
84 deg.5823" W.; thence to latitude 45 deg.2542.2" N., longitude 
84 deg.5839" W., thence to the point of beginning.

[CGD 09-85-02, 50 FR 24194, June 10, 1985]



Sec.  110.83  Chicago Harbor, Ill.

    (a) Grant Park North-A. Beginning at a point 2,120 feet South of the 
intersection of the North line of the Chicago Yacht Club bulkhead, as 
constructed in 1927, and the harbor line approved by the Department of 
the Army on August 3, 1940, along the West side of the harbor, said 
harbor line runs parallel to the overall alignment of said Grant Park 
bulkhead between its North and

[[Page 472]]

South ends, said intersection is approximately 800 feet South of the 
South face of the former Naval Armory Dock, and 100 feet East of said 
bulkhead, that point being approximately on the harbor line; thence 
North along a straight line parallel to said harbor line and bulkhead, 
1,705 feet to a point that is 100 feet East of said harbor line and 150 
feet East of the Grant Park bulkhead; thence East at a right angle, 150 
feet; thence North at a right angle, parallel to the first described 
line, passing 100 feet East of the Chicago Yacht Club bulkhead, 440 
feet; thence Northeasterly 850 feet to a point 1,070 feet East of the 
aforesaid Grant Park bulkhead; thence Southeasterly 740 feet to a point 
1,600 feet East of said harbor line; thence Southerly 1,960 feet to a 
point approximately 1,555 feet East of said harbor line and about 1,560 
feet East of said Grant Park bulkhead; thence Southwesterly 295 feet to 
a point 1,180 feet due East, in a direction perpendicular to the West 
line hereof, from the point of beginning; and thence West to the point 
of beginning.
    (b) Grant Park North-B. Beginning at a point 145 feet North of the 
North line of the Chicago Yacht Club bulkhead, as constructed in 1927, 
and 320 feet East of the harbor line approved by the Department of the 
Army on August 3, 1940, along the West side of the harbor, said Chicago 
Yacht Club bulkhead extends due East, perpendicular to the Grant Park 
bulkhead's overall alignment between its North and South ends, said 
bulkhead runs parallel to the aforesaid harbor line and is approximately 
800 feet South of the South face of the former Naval Armory Dock, said 
point is 20 feet East of the East face of the Chicago Park District 
jetty; thence North parallel to said jetty, 230 feet to a point 20 feet 
South of the South face of the Lake Shore Drive bulkhead, said bulkhead 
runs Easterly and Westerly in a curved direction; thence Easterly along 
a line parallel to said curved bulkhead to a point 20 feet Southwest and 
perpendicular to a line extended along the Southwest side of the 
Columbia Yacht Club pier to said curved bulkhead; thence Southeasterly 
parallel to said extended line, 160 feet; thence Southwesterly to the 
point of beginning.
    (c) Grant Park North-C. Beginning at a point 970 feet North of the 
North line of the Chicago Yacht Club bulkhead, as constructed in 1927, 
which extends due East and perpendicular from the harbor line approved 
by the Department of the Army on August 3, 1940, said Chicago Yacht Club 
bulkhead line is approximately 800 feet South of the South face of the 
former Naval Armory Dock, and 1,170 feet East of said harbor line, said 
point of beginning is 20 feet East of the East face of the Columbia 
Yacht Club pier and 20 feet South of the South face of a breakwater, 
which runs in a East and West direction; thence East along a line 
parallel to the South face of said East-West breakwater, 540 feet to a 
point 20 feet West of the West face of a breakwater, which runs in a 
North and South direction; thence South along a line parallel to the 
West face of said North-South breakwater, approximately 965 feet; thence 
Northwesterly to a point 20 feet Southeast and perpendicular to the 
Southeast side of the aforesaid Columbia Yacht Club pier; thence 
Northerly along a line parallel to the East face of said pier to the 
point of beginning.
    (d) Grant Park South. Beginning at a point 2,220 feet South of the 
intersection of the North line of the Chicago Yacht Club bulkhead, as 
constructed in 1927, and the harbor line approved by the Department of 
the Army on August 3, 1940, along the West side of the harbor, said 
harbor line runs parallel to the overall alignment of the Grant Park 
bulkhead between its North and South ends, said intersection is 
approximately 800 feet South of the South face of the former Naval 
Armory Dock, and 100 feet East of said Grant Park bulkhead, that point 
being approximately on the harbor line; thence East, perpendicular to 
the overall alignment of the Grant Park bulkhead, and perpendicular to 
said harbor line, 1,180 feet; thence Southeasterly 330 feet to a point 
1,510 feet East of said Grant Park bulkhead and 225 feet South of an 
extension of the first described line; thence South perpendicular to the 
first described line, 220 feet; thence Southwesterly 2,375 feet along a 
line generally 100 feet Northwesterly from and parallel to the 
Northwesterly face of the narrow section of the U.S. Inner

[[Page 473]]

Breakwater; thence Northwesterly 100 feet to a point 150 feet East of 
said Grant Park bulkhead (or 100 feet East of the aforesaid harbor 
line), and 4,570 feet South of the North line of the aforesaid Chicago 
Yacht Club bulkhead; and thence North 2,350 feet of the point of 
beginning.

    Note: The Chicago Park District controls the location and type of 
any moorings placed in the special anchorage areas in this section.

[CGD09-83-02, 50 FR 27581, July 5, 1985]



Sec.  110.83a  Cedar Point, Sandusky, Ohio.

    The water area enclosed by the break wall beginning at latitude 
41 deg.2813" N., longitude 82 deg.4039" W.; thence along the break 
wall to latitude 41 deg.2821" N., longitude 82 deg.4053" W.; thence 
along a straight line southwesterly to latitude 41 deg.2820" N., 
longitude 82 deg.4055" W.; thence along the break wall to latitude 
41 deg.2833" N., longitude 82 deg.4058" W.; thence along the shoreline 
to the point of beginning.

[CGD 79-169, 45 FR 32674, May 19, 1980]



Sec.  110.84  Black Rock Channel opposite foot of Porter Avenue,
Buffalo, N.Y.

    An area extending northwesterly between Black Rock Channel and Bird 
Island Pier opposite the foot of Porter Avenue, bounded as follows: 
Beginning at Triangulation Marker ``N-5'' on Bird Island Pier; thence 
southeasterly along the pier a distance of approximately 745 feet; 
thence 60 deg.52 true, approximately 300 feet to a point 50 feet 
westerly of the westerly limit of Black Rock Channel; thence 
northwesterly along an arc of a circle parallel to and 50 feet westerly 
of the westerly limit of the channel to a point approximately 360 feet 
southerly of Bird Island Pier Light No. 17; thence 276 deg.20 true, 
approximately 135 feet to Bird Island Pier; thence southwesterly and 
southerly along the pier a distance of approximately 1,355 feet to the 
point of beginning.



Sec.  110.84b  Buffalo, N.Y.

    The area within the Port of Buffalo known as Port of Buffalo Small 
Boat Harbor commencing at a point on shore at latitude 42 deg.5105" N., 
longitude 78 deg.5155" W.; thence 240 deg. to rip-rap dike thence 
following the dike to the shoreline; thence along the shoreline to the 
point of origin.

[CGD 77-47, 43 FR 35480, Aug. 10, 1978; 43 FR 56040, Nov. 30, 1978]



Sec.  110.85  Niagara River, Youngstown, N.Y.

    (a) Area 1. Beginning at a point at the intersection of the south 
line of Swain Street extended with the east shoreline of the Niagara 
River at latitude 43 deg.1433" N, longitude 79 deg.037.5" W; thence 
westerly to a point at latitude 43 deg.1433" N, longitude 
79 deg.039.5" W; thence Southerly to a point at latitude 
43 deg.1415.5" N, longitude 79 deg.0310" W; thence Westerly to a point 
at latitude 43 deg.1415.5" N, longitude 79 deg.0317" W; thence 
northerly to a point at latitude 43 deg.1454.5" N, longitude 
79 deg.0314" W; thence southeasterly to a point at latitude 
43 deg.1452.3" N, longitude 73 deg.0309" W; thence southerly to a 
point at latitude 43 deg.1451.4" N. longitude 73 deg.0309" W; thence 
easterly to a point at latitude 43 deg.1451.5" N; longitude 
79 deg.036.5" W; thence along the shoreline to the point of beginning.
    (b) Area 2. Beginning at a point at latitude 43 deg.1453.2" N., 
longitude 79 deg.0308" W.; thence northwesterly to a point at latitude 
43 deg.1456" N., longitude 79 deg.0314" W.; thence northerly to a 
point at latitude 43 deg.1507" N., longitude 79 deg.0313" W.; thence 
northwesterly to a point at latitude 43 deg.159.5" N., longitude 
79 deg.0313.5" W.; thence southeasterly to a point at latitude 
43 deg.157.5" N., longitude 79 deg.0308" W.; thence southerly to the 
point of beginning.
    (c) Area 3. Beginning at a point at latitude 43 deg.157.9" N., 
longitude 79 deg.0303" W.; thence westerly to a point at latitude 
43 deg.157.9" N., longitude 79 deg.0304" W.; thence northwesterly to a 
point at latitude 43 deg.1511.8" N., longitude 79 deg.0314" W.; thence 
northerly to a point at latitude 43 deg.1514" N., longitude 
79 deg.0314" W.; thence northwesterly to a point at latitude 
43 deg.1522" N., longitude 79 deg.0321.5" W.; thence northeasterly to 
a point at latitude 43 deg.1525.5" N., longitude 79 deg.0313" W.; 
thence along the shoreline to the point of beginning.

    Note: The Youngstown Harbor Commission controls the location, type, 
and assignment

[[Page 474]]

of moorings placed in the special anchorage areas in this section.

[CGD 79-098, 45 FR 32674, May 19, 1980, as amended by CGD9-85-10, 50 FR 
43387, Oct. 25, 1985]



Sec.  110.86  Sodus Bay, NY.

    The water area in Sodus Bay, New York, south of Sand Point, two 
separate sections, enclosed by:
    (a) Eastern Section, beginning at a point on the shoreline at:

431558.1" N                          0765834.0" W, to
431551.9" N                          0765833.5" W, to
431553.5" N                          0765847.5" W, to
431601.8" N                          0765843.0" W,
thence along the natural shoreline and structures to:
431558.1" N                          0765834.0" W.
 

    (b) Western Section, beginning at a point on the shoreline at:

431602.5" N                          0765845.0" W, to
431554.0" N                          0765850.0" W, to
431554.8" N                          0765900.1" W, to
431607.0" N                          0765947.0" W,
thence along the natural shoreline and structures to:
431602.5" N                          0765845.0" W.
 


[CGD 09-93-029, 58 FR 40740, July 30, 1993]



Sec.  110.87  Henderson Harbor, N.Y.

    (a) Area A. The area in the southern portion of Henderson Harbor 
west of the Henderson Harbor Yacht Club bounded by a line beginning at 
latitude 43 deg.5108.8" N, longitude 76 deg.1208.9" W, thence to 
latitude 43 deg.5109.0" N, longitude 76 deg.1219.0" W, thence to 
latitude 43 deg.5133.4" N, longitude 76 deg.1219.0" W, thence to 
latitude 43 deg.5133.4" N, longitude 76 deg.1209.6" W, thence to the 
point of beginning. All nautical positions are based on North American 
Datum of 1983.
    (b) Area B. The area in the southern portion of Henderson Harbor 
north of Graham Creek Entrance Light bounded by a line beginning at 
latitude 43 deg.5121.8" N, longitude 76 deg.1158.2" W, thence to 
latitude 43 deg.5121.7" N, longitude 76 deg.1205.5" W, thence to 
latitude 43 deg.5133.4" N, longitude 76 deg.1206.2" W, thence to 
latitude 43 deg.5133.6" N, longitude 76 deg.1200.8" W, thence to the 
point of beginning. All nautical positions are based on North American 
Datum of 1983.

[CGD09-99-081, 65 FR 11893, Mar. 7, 2000, as amended by USCG-2009-0854, 
74 FR 49815, Sept. 29, 2009]



Sec.  110.90  San Diego Harbor, Calif.

    (a) Area A-1. In North San Diego Bay, the Shelter Island Yacht Basin 
Anchorage, the water area enclosed by a line beginning at latitude 
32 deg.4256.7" N., longitude 117 deg.1347.1" W.; thence southwesterly 
to latitude 32 deg.4253.6" N., longitude 117 deg.1351.3" W.; thence 
northwesterly to latitude 32 deg.4301.3" N., longitude 117 deg.1359.1" 
W.; thence northeasterly to latitude 32 deg.4302.6" N., longitude 
117 deg.1355.5" W.; thence southeasterly to latitude 32 deg.4259.8" 
N., longitude 117 deg.1350.4" W.; thence southeasterly to the point of 
beginning.
    (b) Area A-1a. In North San Diego Bay, the Shelter Island Roadstead 
Anchorage east of Shelter Island, the water area 55 feet either side of 
a line beginning at latitude 32 deg.4233.6" N., longitude 
117 deg.1348.3" W.; thence northeasterly to latitude 32 deg.4236.0" 
N., longitude 117 deg.1345.1" W.
    (c) Area A-1b. The water area off Shelter Island's eastern shore, 
210 feet shoreward of a line beginning at latitude 32 deg.4243.9" N., 
longitude 117 deg.1334.3" W.; thence northeasterly to latitude 
32 deg.4252.8" N., longitude 117 deg.1322.4" W.
    (d) Area A-1c. The water area off Shelter Island's eastern shore, 
210 feet shoreward of a line beginning at latitude 32 deg.4255.0" N., 
longitude 117 deg.1319.4" W.; thence northeasterly to latitude 
32 deg.4303.5" N., longitude 117 deg.1307.6" W.
    (e) Area A-2. In North San Diego Bay, the America's Cup Harbor 
Anchorage, the water area enclosed by a line beginning at latitude 
32 deg.4313.7" N, longitude 117 deg.1323.8" W; thence northeasterly to 
latitude 32 deg.4316.7" N., longitude 117 deg.1316.4" W.; thence 
northwesterly to latitude 32 deg.4322.6" N., longitude 117 deg.1325.8" 
W.; thence westerly to latitude 32 deg.4322.5" N., longitude 
117 deg.1329.6" W.; thence southwesterly to latitude 32 deg.4319.0" 
N., longitude 117 deg.1332.6" W.; thence southeasterly to the point of 
beginning.
    (f) Area A-3. In North San Diego Bay, the Laurel Street Roadstead 
Anchorage, the water area enclosed by a line

[[Page 475]]

beginning at latitude 32 deg.4330.5" N., longitude 117 deg.1028.5" W.; 
thence southwesterly to latitude 32 deg.4329.8" N., longitude 
117 deg.1034.2" W.; thence southwesterly to latitude 32 deg.4325.8" 
N., longitude 117 deg.1036.1" W.; thence southerly to latitude 
32 deg.4320.2" N., longitude 117 deg.1036.1" W.; thence westerly to 
latitude 32 deg.4320.2" N., longitude 117 deg.1052.9" W.; thence 
northeasterly to 32 deg.4329.8" N., longitude 117 deg.1048.0" W., 
thence northeasterly following a line parallel to, and 200 feet bayward 
of, the shoreline of San Diego Bay adjoining Harbor Drive to the point 
of beginning.
    (g) Area A-4. In Central San Diego Bay, the Bay Bridge Roadstead 
Anchorage, the water area enclosed by a line beginning at latitude 
32 deg.4132.1" N., longitude 117 deg.0943.1" W.; thence southwesterly 
to latitude 32 deg.4119.1" N., longitude 117 deg.0946.1" W.; thence 
southeasterly to latitude 32 deg.4117.8" N., longitude 117 deg.0944.3" 
W.; thence southeasterly to latitude 32 deg.4114.9" N., longitude 
117 deg.0937.9" W.; thence northeasterly to latitude 32 deg.4126.9" 
N., longitude 117 deg.0935.1" W., thence southwesterly to the point of 
beginning.
    (h) Area A-5. In Central San Diego Bay, the Glorietta Bay Anchorage, 
the water area enclosed by a line beginning at latitude 32 deg.4042.2" 
N., longitude 117 deg.1003.1" W.; thence southwesterly to latitude 
32 deg.4041.2" N., longitude 117 deg.1006.6" W.; thence northwesterly 
to latitude 32 deg.4046.2" N., longitude 117 deg.1015.6" W.; thence 
northeasterly to latitude 32 deg.4046.7" N., longitude 117 deg.1014.1" 
W.; thence southeasterly to the point of beginning.
    (i) Area A-6. In Fiddler's Cove, the water enclosed by a line 
beginning at latitude 32 deg.3910.4" N., longitude 117 deg.0849.4" W.; 
thence northwesterly to latitude 32 deg.3914.9" N., longitude 
117 deg.0851.8" W.; thence northeasterly to latitude 32 deg.3917.6" 
N., longitude 117 deg.0847.5" W.; thence northwesterly to latitude 
32 deg.3919.8" N., longitude 117 deg.0848.8" W.; thence northeasterly 
to latitude 32 deg.3924.4" N., longitude 117 deg.0841.4" W.; thence 
southeasterly to latitude 32 deg.3915.7" N., longitude 117 deg.0836.0" 
W.; thence southwesterly to the point of beginning.

    Note: This area is located on Federal property owned by the United 
States Navy, and it is reserved for active duty military, their 
dependents, retirees, and DOD employees only.

    (j) Area A-8. In South San Diego Bay, the Sweetwater Anchorage, the 
water enclosed by a line beginning at latitude 32 deg.3912.2" N., 
longitude 117 deg.0745.1" W.; thence easterly to latitude 
32 deg.3912.2" N., longitude 117 deg.0730.1" W.; thence southerly to 
latitude 32 deg.3845.2" N., longitude 117 deg.0730.1" W.; thence 
westerly to latitude 32 deg.3845.2" N., longitude 117 deg.0745.1" W.; 
thence northerly to the point of beginning.
    (k) Area A-9. In North San Diego Bay, the Cruiser Anchorage, the 
water enclosed by a line beginning at latitude 32 deg.4335.9" N., 
longitude 117 deg.1106.2" W.; thence southwesterly to latitude 
32 deg.4331.5" N., longitude 117 deg.1113.2" W.; thence southeasterly 
to latitude 32 deg.4328.9" N., longitude 117 deg.1111.0" W.; thence 
southeasterly to latitude 32 deg.4325.9" N., longitude 117 deg.1107.7" 
W.; thence northeasterly to latitude 32 deg.4334.8" N., longitude 
117 deg.1103.2" W., thence northwesterly to the point of beginning. All 
coordinates in this section use Datum: NAD 83.

    Note: Mariners anchoring in these anchorages, excluding Anchorage A-
6, should consult applicable local ordinances of the San Diego Unified 
Port District. Temporary floats or buoys for marking anchors are 
allowed. Fixed moorings, piles or stakes are prohibited. All moorings 
shall be positioned so that no vessel, when anchored, shall at any time 
extend beyond the limits of the area. See Captain of the Port Notice 6-
97, a copy of which can be obtained by calling (619) 683-6495.

[CGD11-97-007, 63 FR 16688, Apr. 6, 1998]



Sec.  110.91  Mission Bay, Calif.

    (a) Area M-1. In San Juan Cove, the entire water area west of a line 
drawn from latitude 32 deg.4653.6" N., longitude 117 deg.1452.5" W.; 
to El Carmel Point North Light; latitude 32 deg.4648.0" N., longitude 
117 deg.1450.1" W.

    Note: Control over the anchoring of vessels and placing of temporary 
moorings in this area is exercised by the City of San Diego Park and 
Recreation Department pursuant to local ordinances.

    (b) Area M-2. In Santa Barbara Cove, the entire water area west of a 
line drawn from latitude 32 deg.4640.0" N., longitude 117 deg.1447.0" 
W.; to latitude 32 deg.4633.5" N., longitude 117 deg.1445.5" W.


[[Page 476]]


    Note: Control over the anchoring of vessels and the placing of 
temporary moorings in this area is exercised by the City of San Diego 
Park and Recreation Department pursuant to local ordinances.

    (c) Area M-3. In Mariners Basin, the entire water area west of a 
line drawn from latitude 32 deg.4549.2" N., longitude 117 deg.1442.9" 
W.; to Mission Point Light; latitude 32 deg.4543.7" N., longitude 
117 deg.1441.9" W.

    Note: Control over the anchoring of vessels and the placing of 
temporary moorings in this area is exercised by the City of San Diego 
Park and Recreation Department pursuant to local ordinances.

    (d) Area M-4. In Quivira Basin, the entire water area enclosed by 
that portion of a circle of 45 yard radius from latitude 32 deg.4542.8" 
N., longitude 117 deg.1425.6" W.; through the arc from 354 deg. T to 
088 deg. T.

    Note: Control over the anchoring of vessels and the placing of 
temporary moorings in this area is exercised by the City of San Diego 
Park and Recreation Department pursuant to local ordinances.

[CGD11-85-02, 51 FR 2882, Jan. 22, 1986]



Sec.  110.93  Dana Point Harbor, Calif.

    The area in Dana Point Harbor, Calif. commencing at a point at 
latitude 33 deg.2736.2" N., longitude 117 deg.4220.4" W.; thence 
016 deg.20 True for 612 feet to a point at latitude 33 deg.2742.1" N., 
longitude 117 deg.4218.4" W.; thence 106 deg.20 True for 85 feet to a 
point at latitude 33 deg.2741.8" N., longitude 117 deg.4217.7" W.; 
thence 196 deg.20 True for 222 feet to a point at latitude 
33 deg.2739.7" N., longitude 117 deg.4218.2" W.; thence 182 deg.20 
True 234 feet to a point at latitude 33 deg.2737.4" N., longitude 
117 deg.4218.2" W.; thence 166 deg.20 True for 499 feet to a point at 
latitude 33 deg.2732.6" N., longitude 117 deg.4216.8" W.; thence 
320 deg. True for 470 feet to the point of origin.

[CGD 76-197, 42 FR 44985, Sept. 8, 1977]



Sec.  110.95  Newport Bay Harbor, Calif.

    (a) Area A-1. The entire water area within beginning at latitude 
33 deg.3609.3" N., longitude 117 deg.5352.6" W.; thence to latitude 
33 deg.3611.4" N., longitude 117 deg.5351.2" W.; thence to latitude 
33 deg.3604.0" N., longitude 117 deg.5333.4" W.; thence to latitude 
33 deg.3603.9" N., longitude 117 deg.5320.4" W.; thence to 
33 deg.3601.1" N., longitude 117 deg.5309.9" W.; thence to 
33 deg.3601.1" N., longitude 117 deg.5332.7" W.; thence to 
33 deg.3603.9 N., longitude 117 deg.5341.9" W.; returning to latitude 
33 deg.3609.3" N., longitude 117 deg.5352.6" W.
    (b) Area A-2. The entire water area within beginning at latitude 
33 deg.3612.9" N., longitude 117 deg.5344.2" W; thence to latitude 
33 deg.3614.2" N., longitude 117 deg.5344.3" W.; thence to latitude 
33 deg.3614.2" N., longitude 117 deg.5320.6" W.; thence to latitude 
33 deg.3610.8" N., longitude 117 deg.5320.5" W.; thence to latitude 
33 deg.3612.7" N., longitude 117 deg.5329.9" W.; thence to latitude 
33 deg.3612.7" N., longitude 117 deg.5335.4" W.; thence to latitude 
33 deg.3612.9" N., longitude 117 deg.5337.0" W.; returning to latitude 
33 deg.3612.9" N., longitude 117 deg.5344.2" W.
    (c) Area A-3. The entire water area within beginning at latitude 
33 deg.3622.7" N., longitude 117 5412.6" W.; thence to latitude 
33 deg.3624.9" N., longitude 117 deg.5412.6" W.; thence to latitude 
33 deg.3626.2" N., longitude 117 deg.5411.3" W.; thence to latitude 
33 deg.3618.7" N., longitude 117 deg.5400.5" W.; thence to latitude 
33 deg.3616.2" N., longitude 117 deg.5402.9" W.; returning to latitude 
33 deg.3622.7" N., longitude 117 deg.5412.6" W.
    (d) Area A-4. The entire water area within beginning at latitude 
33 deg.3632.7" N., longitude 117 deg.5356.6" W.; thence to latitude 
33 deg.3633.6" N., longitude 117 deg.5356.6" W.; thence to latitude 
33 deg.3633.5" N., longitude 117 deg.5326.2" W.; thence to latitude 
33 deg.3632.9" N., longitude 117 deg.5326.2" W.; thence to latitude 
33 deg.3632.6" N., longitude 117 deg.5333.8" W.; thence to latitude 
33 deg.3632.4" N., longitude 117 deg.5336.7" W.; thence to latitude 
33 deg.3631.7" N., longitude 117 deg.5340.9" W.; thence to 
33 deg.3631.7" N., longitude 117 deg.5346.3" W.; thence to latitude 
33 deg.3632.6" N., longitude 117 deg.5350.9" W.; returning to latitude 
33 deg.3632.7" N., longitude 117 deg.5356.6" W.
    (e) Area A-5. The entire water area within beginning at latitude 
33 deg.3629.1" N., longitude 117 deg.5455.3" W.; thence to latitude 
33 deg.3627.8" N., longitude 117 deg.5455.8" W.; thence to latitude 
33 deg.3624.1" N., longitude 117 deg.5441.8" W.; thence to latitude 
33 deg.3626.7" N., longitude 117 deg.5440.8" W.; thence to latitude 
33 deg.3626.7" N., longitude 117 deg.5446.3" W.; returning to latitude 
33 deg.3629.1" N., longitude 117 deg.5455.3" W.

[[Page 477]]

    (f) Area A-6. The entire water area within beginning at latitude 
33 deg.3643.3" N., longitude 117 deg.5426.4" W.; thence to latitude 
33 deg.3651.7" N., longitude 117 deg.5422.8" W.; thence to latitude 
33 deg.3651.4" N., longitude 117 deg.5421.5" W.; thence to latitude 
33 deg.3642.9" N., longitude 117 deg.5425.2" W.; returning to latitude 
33 deg.3643.3" N., longitude 117 deg.5426.4" W.
    (g) Area A-7. The entire water area within beginning at latitude 
33 deg.3632.1" N., longitude 117 deg.5512.5" W.; thence to latitude 
33 deg.3637.7" N., longitude 117 deg.5511.0" W.; thence to latitude 
33 deg.3635.1" N., longitude 117 deg.5501.3" W.; thence to latitude 
33 deg.3630.4" N., longitude 117 deg.5502.6" W.; thence to latitude 
33 deg.3631.2" N., longitude 117 deg.5506.7" W.; returning to latitude 
33 deg.3632.1" N., longitude 117 deg.5512.5" W.
    (h) Area A-8. The entire water area within beginning at latitude 
33 deg.3634.2" N., longitude 117 deg.5527.3" W.; thence to latitude 
33 deg.3636.2" N., longitude 117 deg.5526.7" W.; thence to latitude 
33 deg.3639.5" N., longitude 117 deg.5520.9" W.; thence to latitude 
33 deg.3638.9" N., longitude 117 deg.5515.4" W.; thence to latitude 
33 deg.3637.9" N., longitude 117 deg.5511.7" W.; thence to latitude 
33 deg.3632.1" N., longitude 117 deg.5513.3" W.; returning to latitude 
33 deg.3634.2" N., longitude 117 deg.5527.3" W.
    (i) Area A-9. The entire water area within beginning at latitude 
33 deg.3653.5" N., longitude 117 deg.5528.2" W.; thence to latitude 
33 deg.3654.0" N., longitude 117 deg.5527.0" W.; thence to latitude 
33 deg.3643.4" N., longitude 117 deg.5520.4" W.; thence to latitude 
33 deg.3642.9" N., longitude 117 deg.5521.6" W.; returning to latitude 
33 deg.3653.5" N., longitude 117 deg.5528.2" W.
    (j) Area A-10. The entire water area within beginning at latitude 
33 deg.3607.4" N., longitude 117 deg.5319.2" W.; thence to latitude 
33 deg.3614.2" N., longitude 117 deg.5319.4" W.; thence to latitude 
33 deg.3614.2" N., longitude 117 deg.5306.9" W.; thence to latitude 
33 deg.3608.1" N., longitude 117 deg.5304.9" W.; thence to latitude 
33 deg.3606.5" N., longitude 117 deg.5308.9" W.; thence to latitude 
33 deg.3606.5" N., longitude 117 deg.5316.3" W.; returning to latitude 
33 deg.3607.4" N., longitude 117 deg.5319.2" W.
    (k) Area A-11. The entire water area within beginning at latitude 
33 deg.3604.7" N., longitude 117 deg.5301.9" W.; thence to latitude 
33 deg.3606.1" N., longitude 117 deg.5300.5" W.; thence to latitude 
33 deg.3606.2" N., longitude 117 deg.5259.0" W.; thence to latitude 
33 deg.3559.4" N., longitude 117 deg.5251.1" W.; thence to latitude 
33 deg.3557.5" N., longitude 117 deg.5250.9" W.; thence to latitude 
33 deg.3601.9" N., longitude 117 deg.5257.3" W.; thence to latitude 
33 deg.3603.0" N., longitude 117 deg.5300.4" W.; returning to latitude 
33 deg.3604.7" N., longitude 117 deg.5301.9" W.
    (l) Area A-12. The entire water area within beginning at latitude 
33 deg.3627.9" N., longitude 117 deg.5440.4" W.; thence to latitude 
33 deg.3623.9" N., longitude 117 deg.5441.8" W.; thence to latitude 
33 deg.3620.8" N., longitude 117 deg.5429.9" W.; thence to latitude 
33 deg.3628.5" N., longitude 117 deg.5420.2" W.; returning to latitude 
33 deg.3627.9" N., longitude 117 deg.5440.4" W.
    (m) Area B-1. The entire water area within beginning at latitude 
33 deg.3635.1" N., longitude 117 deg.5428.8" W.; thence to latitude 
33 deg.3632.1" N., longitude 117 deg.5422.1" W.; thence to latitude 
33 deg.3630.6" N., longitude 117 deg.5422.8" W; thence to latitude 
33 deg.3630.5" N., longitude 117 deg.5430.9" W.; returning to latitude 
33 deg.3635.1" N., longitude 117 deg.5428.8" W.

    Note to Sec.  110.95: These anchorage areas are reserved for 
recreational and other small craft. Local law, including the City of 
Newport Beach Municipal Code 17.25.020, may provide for fore and aft 
moorings for recreational and small craft of such size and alignment as 
permitted by the harbor master.

[USCG-2010-0929, 77 FR 22491, Apr. 16, 2012]



Sec.  110.100  Los Angeles and Long Beach Harbors, Calif.

    (a) [Reserved]
    (b) Area A-2. Consisting of two parts in the outer basin of Fish 
Harbor on the east and west sides of Fish Harbor Entrance Channel 
described as follows:
    (1) Part 1. Beginning at a point at the intersection of westerly 
side of Fish Harbor Entrance Channel and the outer jetty; thence 
southwesterly along the jetty about 900 feet to the shore; thence 
northerly about 500 feet; thence northeasterly about 650 feet, on a line 
parallel to jetty; thence southeasterly about 500 feet, along the 
westerly side

[[Page 478]]

of Fish Harbor Entrance Channel to the point of beginning.
    (2) Part 2. Beginning at a point at the intersection of the east 
side of Fish Harbor Entrance Channel and Fish Harbor mole (outer Fish 
Harbor); thence northwesterly along channel line about 850 feet to the 
southerly side of the Fairway; thence northeasterly and easterly along 
the southerly side of the Fairway, about 478 and 565 feet respectively 
to its intersection with Fish Harbor mole; thence southerly and 
southwesterly along the mole to the point of beginning.
    (c) Area B-1. Long Beach outer harbor along east side of Pier 400 
beginning at latitude 33 deg.4422.8" N., longitude 118 deg.1351.0" W.; 
thence south to latitude 33 deg.4354.5" N., longitude 118 deg.1350.0" 
W.; thence southwesterly to latitude 33 deg.4346.0" N., longitude 
118 deg.1413.6" W.; thence northwesterly to latitude 33 deg.4415.3" 
N., longitude 118 deg.1426.6" W.; thence northeasterly to latitude 
33 deg.4425.1" N., longitude 118 deg.1415.6" W.; thence easterly to 
the beginning point.
    (d) Area C-1. Long Beach outer harbor between Island Freeman and 
Island Chaffee beginning at latitude 33 deg.4420.0" N., longitude 
118 deg.0826.2" W.; thence west to latitude 33 deg.4423.5" N., 
longitude 118 deg.0932.6" W.; thence north to latitude 33 deg.4452.8" 
N., longitude 118 deg.0933.2" W.; thence southeast to latitude 
33 deg.4425.5" N., longitude 118 deg.0826.2" W.; thence south to the 
beginning point.
    (e) Area E-1. Long Beach outer harbor northwest of Island Freeman 
beginning at latitude 33 deg.4455.0" N., longitude 118 deg.0940.0" W.; 
thence southwesterly to latitude 33 deg.4437.0" N., longitude 
118 deg.0948.5" W.; thence northwesterly to latitude 33 deg.4452.0" 
N., longitude 118 deg.1032.0" W.; thence north to latitude 
33 deg.4511.0" N., longitude 118 deg.1032.0" W.
    (f) Restrictions. Special anchorage areas B-1, C-1, and E-1 are 
reserved for barges on mooring balls, unless otherwise authorized by the 
Captain of the Port Los Angeles-Long Beach.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD11-04-005, 71 
FR 15036, Mar. 27, 2006]



Sec.  [thinsp]110.111  Marina del Rey Harbor, Calif.

    An area in the main channel encompassed within the following 
described boundaries: Beginning at the northeasterly corner in position 
latitude 33 deg.5841.6" N., longitude 118 deg.2650.8" W.; thence 
southerly to latitude 33 deg.5830.2" N., longitude 118 deg.2650.8" W.; 
thence westerly to latitude 33 deg.5830.2" N., longitude 
118 deg.2655.1" W.; thence northerly to latitude 33 deg.5841.6" N., 
longitude 118 deg.2655.1" W.; thence easterly to the point of origin. 
All coordinates referenced North American Datum 1983.
    Note to 110.111: The Marina del Rey Harbor Master, Los Angeles 
County, prescribes local regulations for mooring and boating activities 
in this area.

[USCG-2014-0142, 82 FR 2896, Jan. 10, 2017]



Sec.  110.115  Santa Barbara Harbor, Calif.

    North of the Santa Barbara breakwater; seaward of the line of mean 
high water; and southwest of a line bearing 46 deg.30 from the north 
corner of Bath Street and Cabrillo Boulevard to the end of the Santa 
Barbara breakwater; excluding a fairway 225 feet wide, 100 feet from 
each side of and parallel to the Navy pier.

    Note: Fore and aft moorings will be allowed in this area conforming 
to the City of Santa Barbara Harbor Ordinance No. 2106 for yachts and 
small craft of such size and alignment as permitted by the harbor 
master.



Sec.  110.120  San Luis Obispo Bay, Calif.

    (a) Area A-1. Area A-1 is the water area bounded by the San Luis 
Obispo County wharf, the shoreline, a line drawn from the southernmost 
point of Fossil Point to latitude 35 deg.1018.5" N., longitude 
120 deg.4338.5" W.; thence to the southeast corner of the San Luis 
Obispo County wharf.
    (b) Area A-2. Area A-2 is the water area enclosed by a line drawn 
from the outer end of Whaler Island breakwater at latitude 35 deg.0922" 
N., longitude 120 deg.4456" W., to the Marr[eacute] Chimney at latitude 
35 deg.1056" N., longitude 120 deg.4431" W.

    Note: The Port San Luis Harbor District prescribes local regulations 
for mooring and boating activities in these areas.

[CGD 72-24R, 38 FR 1928, Jan. 19, 1973]



Sec.  110.125  Morro Bay Harbor, Calif.

    (a) Area A-1. Opposite the City of Morro Bay, beginning 50 feet west 
of the intersection of the west channel

[[Page 479]]

line and the prolongation of the center line of Seventh Street; thence 
in a generally southeasterly direction and parallel to the channel line 
for a distance of 450 yards; thence 166 deg. and parallel to the 
revetment for a distance of 1,025 yards; thence 270 deg. for a distance 
of 200 yards; thence 346 deg. for a distance of about 1,425 yards to 
meet the prolongation of the center line of Seventh Street; and thence 
to the point of beginning.
    (b) Area A-2. Beginning at a point 322 deg. and 150 feet from the 
high water line on the most westerly part of Fairbanks Point; thence 
continuing on this bearing for a distance of 1,346 feet; thence 52 deg. 
for a distance of 450 feet and thence generally southeasterly parallel 
to and 150 feet from the mean high water line to the point of beginning.

    Note: Moorings and boating activities will be allowed in these areas 
conforming to applicable City of Morro Bay ordinances and regulations 
adopted pursuant thereto.



Sec.  110.126  Monterey Harbor, Calif.

    The waters of Monterey Harbor between the shoreline and the 
following coordinates: Beginning at a point on the shoreline at latitude 
36 deg.3627.5" N., longitude 121 deg.5335.0" W.; thence to latitude 
36 deg.3632.4" N., longitude 121 deg.5331.0" W., in an easterly 
direction to latitude 36 deg.3628.8" N., 121 deg.5319.0" W.; thence 
south to latitude 36 deg.3623.1" N., longitude 121 deg.5319.0" W.; 
thence to the north end of Municipal Wharf No. 1 at latitude 
36 deg.3620.0" N., longitude 121 deg.5328.0" W.

[CGD 82-091, 47 FR 45878, Oct. 14, 1982]



Sec.  110.126a  San Francisco Bay, Calif.

    Richardson Bay Anchorage. That portion of Richardson Bay, north of a 
line bearing 257 deg. from Peninsula Point to the shore at Sausalito, 
except for federally-maintained channels, and all channels approved for 
private use therein.

    Note: Mariners anchoring in the special anchorage area should 
consult applicable ordinances of the Richardson Bay Regional Agency and 
the County of Marin. These ordinances establish requirements on matters 
including the anchoring of vessels, placement of moorings, and use of 
anchored and moored vessels within the special anchorage area. 
Information on these local agency requirements may be obtained from the 
Richardson Bay Harbor Administrator.

[CGFR 69-109, 34 FR 17771, Nov. 4, 1969, as amended by CGD 78-126, 45 FR 
10760, Feb. 19, 1980; CGD11-99-009, 65 FR 20086, Apr. 14, 2000]



Sec.  110.127  Lake Mohave and Lake Mead, Nevada and Arizona.

    (a) Willow Beach, Ariz. That portion of Lake Mohave enclosed by the 
shore and a line connecting the following points, excluding a 100-foot-
wide fairway, extending westerly from the launching ramp, as established 
by the Superintendent, Lake Mead Recreation Area:

``a'' 355230" N.                     1143935" W.
``b'' 355210" N.                     1143935" W.
 

    (b) Katherine, Ariz. That portion of Lake Mohave inclosed by the 
shore and a line connecting the following points, excluding a 100-foot-
wide fairway, extending westerly from the launching ramp, as established 
by the Superintendent, Lake Mead Recreation Area:

``a'' 351333" N.                     1143438" W.
``b'' 351305" N.                     1143440" W.
 

    (c) El Dorado Canyon, Nev. That portion of Lake Mohave inclosed by 
the shore and a line connecting the following points, excluding a 50-
foot-wide fairway, extending easterly from the launching ramp, as 
established by the Superintendent, Lake Mead Recreation Area:

``a'' 354237" N.                     1144221" W.
``b'' 354208" N.                     1144210" W.
 

    (d) Cottonwood Cove, Nev. That portion of Lake Mohave inclosed by 
the shore and a line connecting the following points, excluding a 200-
foot-wide fairway extending northeasterly from the launching ramp, as 
established by the Superintendent Lake Mead Recreation Area:

``a'' 352946" N.                     1144055" W.
``b'' 352933" N.                     1144045" W.
 

    (e) Overton Beach, Nev--(1) Area ``A''. That portion of Lake Mead 
inclosed by the shore and lines connecting the following points, 
excluding two 300-foot-wide fairways, extending northwesterly and 
southwesterly from the launching ramps, as established by the 
Superintendent, Lake Mead Recreation Area:

``a'' 362705" N.                     1142148" W.
``b'' 362715" N.                     1142120" W.
``c'' 362632" N.                     1142045" W.

[[Page 480]]

 
``d'' 362549" N.                     1142050" W.
``e'' 362500" N.                     1142127" W.
``f'' 362519" N.                     1142210" W.
 

    (f) Echo Bay, Nev. That portion of Lake Mead inclosed by the shore 
and lines connecting the following points, excluding a 100-foot-wide 
fairway, extending southwesterly from the launching ramp, as established 
by the Superintendent, Lake Mead Recreation Area:

``a'' 361830" N.                    1142510" W.
``b'' 361820" N.                    1142400" W.
``c'' 361735" N.                    1142405" W.
``d'' 361740" N.                    1142427" W.
 

    (g) Callville Bay, Nev. That portion of Lake Mead inclosed by the 
shore and lines connecting the following points, excluding a 200-foot-
wide fairway, extending southeasterly from the launching ramp, as 
established by the Superintendent, Lake Mead Recreation Area:

``a'' 360900" N.                    1144240" W.
``b'' 360810" N.                    1144203" W.
``c'' 360806" N.                    1144240" W.
 

    (h) Las Vegas Wash, Nev. That portion of Lake Mead inclosed by the 
shore and a line connecting the following points, excluding a 200-foot-
wide fairway, extending easterly from the launching ramp, as established 
by the Superintendent, Lake Mead Recreation Area:

``a'' 360723" N.                    1144945" W.
``b'' 360629" N.                    1144945" W.
 

    (i) Hemenway Harbor, Nev. That portion of Lake Mead inclosed by the 
shore and lines connecting the following points, excluding a 100-foot-
wide fairway, extending easterly from the launching ramp at Boulder 
Beach and a 600-foot-wide fairway, extending northeasterly from the 
launching ramp at Hemenway Harbor, both as established by the 
Superintendent, Lake Mead Recreation Area:

``a'' 360405" N.                    1144815" W.
``b'' 360325" N.                    1144810" W.
``c'' 360120" N.                    1144515" W.
 

    (j) Kingman Wash, Ariz. That portion of Lake Mead inclosed by the 
shore and a line connecting the following points, excluding a 100-foot-
wide fairway, extending westerly from the launching ramp, as established 
by the Superintendent, Lake Mead Recreation Area:

``a'' 360234" N.                    1144250" W.
``b'' 360205" N.                    1144305" W.
 

    (k) Temple Bar, Ariz. That portion of Lake Mead inclosed by the 
shore and lines connecting the following points, excluding a 200-foot-
wide fairway, extending southwesterly from the launching ramp, as 
established by the Superintendent, Lake Mead Recreation Area:

``a'' 360221" N.                    1141929" W.
``b'' 360234" N.                    1141846" W.
``c'' 360203" N.                    1141813" W.
 

    (l) Greggs, Ariz. That portion of Lake Mead inclosed by the shore 
and a line connecting the following points, excluding a 100-foot-wide 
fairway, extending northerly from the launching ramp, as established by 
the Superintendent, Lake Mead Recreation Area:

``a'' 360035" N.                    1141349" W.
``b'' 360035" N.                    1141410" W.
 

    (m) Pierce Ferry, Ariz. That portion of Lake Mead inclosed by the 
shore and a line connecting the following points, excluding a 100-foot-
wide fairway, extending easterly from the launching ramp, as established 
by the Superintendent, Lake Mead Recreation Area:

``a'' 360842" N.                    1135924" W.
``b'' 360718" N.                    1135832" W.
 

    (n) South Bay, Ariz. That portion of Lake Mead inclosed by the shore 
and a line connecting the following points, excluding one 100-foot wide 
fairway, extending westerly from the launching ramp, as established by 
the Superintendent, Lake Mead Recreation Area:

``a'' 360626" N.                    1140613" W.
``b'' 360500" N.                    1140650" W.
``c'' 360500" N.                    1140613" W.
 

    Note: Fixed moorings, piles, or stakes are prohibited. Single and 
fore-and-aft temporary moorings will be allowed. The anchoring of 
vessels and the placing of temporary moorings will be under the 
jurisdiction and at the discretion of the Superintendent, Lake Mead 
Recreation Area, National Park Service.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGFR 69-36, 34 FR 
6577, Apr. 17, 1969; CGD 79-045, 44 FR 60091, Oct. 18, 1979]



Sec.  110.127a  Lake Powell, Utah-Arizona.

    (a) Castel Butte, Utah. That portion of Lake Powell inclosed by the 
shore and a line connecting the following points, excluding a 300-foot-
wide fairway extending in an east-west direction perpendicular to the 
launching ramp, as

[[Page 481]]

established by the Superintendent, Glen Canyon National Recreation Area:

``a'' 374345" N.                    1102700" W.
``b'' 374230" N.                    1102757" W.
 

    (b) Bullfrog Basin, Utah. That portion of Lake Powell inclosed by 
the shore and a line connecting the following points, excluding a 300-
foot-wide fairway, extending southeasterly from the launching ramp, as 
established by the Superintendent, Glen Canyon National Recreation Area:

``a'' 372917" N.                    1104228" W.
``b'' 372844" N.                    1104340" W.
 

    (c) Halls Crossing, Utah. That portion of Lake Powell inclosed by 
the shore and a line connecting the following points, excluding a 300-
foot-wide fairway, extending northwesterly from the launching ramp, as 
established by the Superintendent, Glen Canyon National Recreation Area:

``a'' 372824" N.                    1104257" W.
``b'' 372800" N.                    1104321" W.
``c'' 372746" N.                    1104316" W.
 

    (d) Dangling Rope Canyon, Utah. That portion of Dangling Rope 
Canyon, Lake Powell, enclosed by the shoreline and a line connecting the 
following points, excluding a 200-foot-wide fairway, extending southerly 
from the marina, as established by the Superintendent, Glen Canyon 
National Recreation Area:

``a'' 370648" N.                    1110500" W.
``b'' 370715" N.                    1110503" W.
``c'' 370719" N.                    1110449" W.
``d'' 370808" N.                    1110400" W.
``e'' 370730" N.                    1110430" W.
``f'' 370720" N.                    1110415" W.
 

    (e) Wahweap, Arizona-Utah. That portion of Lake Powell inclosed by 
the shore and a line connecting the following points, excluding a 200-
foot-wide fairway, extending northeasterly from the northerly launching 
ramp and a 300-foot-wide fairway, extending easterly from the southerly 
launching ramp, as established by the Superintendent, Glen Canyon 
National Recreation Area:

``a'' 370021" N.                    1113030" W.
``b'' 370040" N.                    1113000" W.
``c'' 365910" N.                    1112848" W.
``d'' 365910" N.                    1112924" W.
 

    Note: Fixed moorings, piles, or stakes are prohibited. Single and 
fore-and-aft temporary moorings will be allowed. The anchoring of 
vessels and the placing of temporary moorings will be under the 
jurisdiction and at the discretion of the Superintendent, Glen Canyon 
National Recreation Area.

    (f) Hite, Utah. That portion of Lake Powell enclosed by the shore 
and by lines connecting the following two sets of points, excluding a 
200-foot-wide fairway extending westerly from the launching ramp on the 
far shore, as established by the Superintendent, Glen Canyon National 
Recreation area:

                               East Shore
``a'' 375140" N.                    1102345" W.
``b'' 375140" N.                    1102405" W.
``c'' 375230" N.                    1102400" W.
``d'' 375230" N.                    1102335" W.
 


                               North Wash
``a'' 375200" N.                    1102445" W.
``b'' 375240" N.                    1102445" W.
 


[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD 11-84-05, 49 
FR 47603, Dec. 6, 1984]



Sec.  110.127b  Flaming Gorge Lake, Wyoming-Utah.

    (a) Buckboard Crossing, Wyo. That portion of Flaming Gorge Lake 
inclosed by the shore and a line connecting the following points, 
excluding a 150-foot-wide fairway, extending southeasterly from the 
launching ramp, as established by the Superintendent, Flaming Gorge 
National Recreation Area:

``a'' 411450" N.                    1093522" W.
``b'' 411437" N.                    1093512" W.
 

    (b) Squaw Hollow, Wyo. That portion of Flaming Gorge Lake inclosed 
by the shore and a line connecting the following points, excluding a 
100-foot-wide fairway, extending southeasterly from the launching ramp, 
as established by the Superintendent, Flaming Gorge National Recreation 
Area:

``a'' 410955" N.                    1093318" W.
``b'' 410948" N.                    1093320" W.
 

    (c) Antelope Flat, Utah. That portion of Flaming Gorge Lake inclosed 
by the shore and a line connecting the following points, excluding a 
150-foot-wide fairway, extending southeasterly from the launching ramp 
to a point beyond

[[Page 482]]

the floating breakwater and then westerly, as established by the 
Superintendent, Flaming Gorge National Recreation Area:

``a'' 405746" N.                    1093330" W.
``b'' 405737" N.                    1093337" W.
 

    (d) Lucerne Valley, Utah. That portion of Flaming Gorge Lake 
inclosed by the shore and a line connecting the following points, 
excluding a 300-foot-wide fairway extending southeasterly from the 
launching ramp, as established by the Superintendent, Flaming Gorge 
National Recreation Area:

``a'' 405907" N.                    1093454" W.
``b'' 405854" N.                    1093500" W.
 

    Note: Fixed moorings, piles, or stakes are prohibited. Single and 
fore-and-aft temporary moorings will be allowed. The anchoring of 
vessels and the placing of temporary moorings will be under the 
jurisdiction and at the discretion of the Superintendent, Flaming Gorge 
National Recreation Area.



Sec.  110.127c  Trinidad Bay, Calif.

    The waters of Trinidad Bay, beginning at the southernmost point of 
Trinidad Head at latitude 41 deg.0304" N., longitude 124 deg.0856" W.; 
thence east to Prisoner Rock at latitude 41 deg.0309" N., longitude 
124 deg.0837" W.; thence east to latitude 41 deg.0309" N., longitude 
124 deg.0819" W., thence north to latitude 41 deg.0326" N., longitude 
124 deg.0821" W.; thence following the shoreline to Trinidad Bay in a 
westerly and southerly direction to the point of beginning.

    Note: The area will be principally for use by sport and commercial 
fishing vessels. Temporary floats and buoys for anchoring will be 
allowed in the area. Fixed moorings, piles or stakes are prohibited. All 
moorings shall be placed so that no vessel when anchored or moored shall 
at any time extend beyond the limits of the area. The anchoring of all 
vessels and placing of all moorings will be under the supervision of the 
City of Trinidad or such other authority as may be designated by the 
City Council of the City of Trinidad, California.

[CGD 76-105, 42 FR 37811, July 25, 1977, as amended by CGD12 86-06, 51 
FR 10198, Mar. 25, 1986]



Sec.  110.128  Columbia River at Portland, Oreg.

    The waters of the Columbia River between Sand Island and Government 
Island, bounded on the west by pile dike U.S. 5.75 and a line extending 
true north from the northerly end of the dike to the south shore of Sand 
Island and bounded on the east by a line bearing 339 deg.15 true, from 
a point on Government Island at latitude 45 deg.3510", longitude 
122 deg.3241", to the southerly shore of Sand Island.



Sec.  110.128b  Island of Hawaii, Hawaii.

    (a) Hilo Bay. The waters of Hilo Bay enclosed by a line beginning at 
19 deg.4355.5" N. latitude, 155 deg.0330" W. longitude; thence to 
19 deg.4408" N. latitude, 155 deg.0419" W. longitude; thence to 
19 deg.4351" N. latitude, 155 deg.0430" W. longitude; thence to 
19 deg.4410" N. latitude, 155 deg.0529" W. longitude; thence along the 
shoreline to the beginning point. (Datum: OHD)
    (b) Kuhio Bay. The waters of Kuhio Bay enclosed by a line beginning 
at 19 deg.4413" N. latitude, 155 deg.0325" W. longitude; thence to 
19 deg.4415" N. latitude, 155 deg.0325" W. longitude; thence along the 
shoreline to the beginning point. (Datum: OHD)

[CGD 76-186, 42 FR 62001, Dec. 8, 1977, as amended by CGD 96-026, 61 FR 
33663, June 28, 1996]



Sec.  110.128c  Island of Kauai, Hawaii.

    (a) Nawiliwili Bay. The waters of Nawiliwili Bay enclosed by a line 
beginning at 21 deg.5712.5" N. latitude, 159 deg.2138" W. longitude; 
thence to 21 deg.5726" N. latitude, 159 deg.2139.5" W. longitude; 
thence along the shoreline to the beginning point. (Datum: OHD)
    (b) [Reserved]

[CGD 76-186, 42 FR 62001, Dec. 8, 1977, as amended by CGD 96-026, 61 FR 
33663, June 28, 1996]



Sec.  110.128d  Island of Oahu, Hawaii. (Datum: OHD)

    (a) Kaneohe Bay (1). The waters of Kaneohe Bay enclosed by a line 
beginning at 21 deg.2628" N. latitude, 157 deg.4600" W. longitude; 
thence to 21 deg.2600" N. latitude, 157 deg.4614" W. longitude; thence 
to 21 deg.2620" N. latitude, 157 deg.4724" W. longitude; thence to 
21 deg.2700" N. latitude, 157 deg.4825" W. longitude; thence to 
21 deg.2646" N. latitude, 157 deg.4837" W. longitude; thence along the 
shoreline to the beginning point.
    (b) Kaneohe Bay (2). The waters of Kaneohe Bay enclosed by a line 
beginning at 21 deg.2728" N. latitude, 157 deg.4908"

[[Page 483]]

W. longitude; thence to 21 deg.2810" N. latitude, 157 deg.5003" W. 
longitude; thence to 21 deg.2910" N. latitude, 157 deg.5040" W. 
longitude; thence to 21 deg.3046" N. latitude, 157 deg.5014" W. 
longitude; thence along the shoreline to the beginning point.
    (c) Keehi Lagoon. The waters of Keehi Lagoon bounded by a line 
connecting the following points:

211935.0" N                         1575406.0" W
211937.7" N                         1575358.0" W
211906.4" N                         1575341.9" W
211900.8" N                         1575344.1" W
211859.9" N                         1575349.7" W
211904.9" N                         1575350.0" W
 


and thence to the point of beginning.
    (d) Sans Souci Beach. The waters of Sans Souci Beach enclosed by a 
line beginning at 21 deg.1549" N. latitude, 157 deg.4931" W. 
longitude; thence to 21 deg.1549.2" N. latitude, 157 deg.4929" W. 
longitude; thence to 21 deg.1556.2" N. latitude, 157 deg.4931" W. 
longitude; thence to 21 deg.1556" N. latitude, 157 deg.4933" W. 
longitude; thence to the beginning point.
    (e) Iroquois Point Lagoon. The waters of Iroquois Point Lagoon 
enclosed by a line beginning at 21 deg.1953" N. latitude, 
157 deg.5830" W. longitude; thence to 21 deg.1956" N. latitude, 
157 deg.5831" W. longitude; thence along the shoreline to the beginning 
point.
    (f) Hickam AFB Marina (1)a. The waters of Hickam AFB Marina enclosed 
by a line beginning at 21 deg.1913" N. latitude, 157 deg.5740" W. 
longitude; thence to 21 deg.1845" N. latitude, 157 deg.5740" W. 
longitude; thence to 21 deg.1845" N. latitude, 157 deg.5728.5" W. 
longitude; thence to 21 deg.1910" N. latitude, 157 deg.5728.5" W. 
longitude; thence along the shoreline to the beginning point.
    (g) Hickam AFB Marina (2). The waters of Hickam AFB Marina enclosed 
by a line beginning at 21 deg.1911" N. latitude, 157 deg.5710" W. 
longitude; thence to 21 deg.1846.2" N. latitude, 157 deg.5720" W. 
longitude; thence to 21 deg.1846.2" N. latitude, 157 deg.5705.2" W. 
longitude; thence along the shoreline to the beginning point.
    (h) Aiea Bay. The waters of Aiea Bay enclosed by a line beginning at 
21 deg.2220" N. latitude, 157 deg.5630" W. longitude; thence to 
21 deg.2227" N. latitude, 157 deg.5640.5" W. longitude; thence to 
21 deg.2230" N. latitude, 157 deg.5640.5" W. longitude; thence to 
21 deg.2237" N. latitude, 157 deg.5622.5" W. longitude; thence to 
21 deg.2237" N. latitude, 157 deg.5619" W. longitude; thence along the 
shoreline to the beginning point.

[CGD 76-186, 42 FR 62001, Dec. 8, 1977, as amended at 43 FR 21881, May 
22, 1978; CGD14-90-01, 56 FR 13762, Apr. 4, 1991]



Sec.  110.129a  Apra Harbor, Guam. (Datum: WGS 84)

    (a) The waters bounded by a line connecting the following points:

132745.5" N                         1443934.8" E
132732.0" N                         1443936.3" E
 


and thence along the shoreline to the point of beginning.
    (b) The waters bounded by a line connecting the following points:

132653.6" N                         1444003.8" E
132704.0" N                         1444004.8" E
132704.0" N                         1444009.8" E
132710.0" N                         1444009.8" E
132710.0" N                         1444023.8" E
132651.0" N                         1444023.8" E
132651.0" N                         1444006.0" E
 


and thence to the point of beginning.

[CGD14-89-01, 55 FR 27465, July 3, 1990]



                       Subpart B_Anchorage Grounds



Sec.  110.130  Bar Harbor, Maine.

    (a) Anchorage grounds. (1) Anchorage ``A'' is that portion of 
Frenchman Bay, Bar Harbor, ME enclosed by a rhumb line connecting the 
following points:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
442343" N.................................  0681200" W; thence to
442352" N.................................  0681122" W; thence to
442323" N.................................  0681059" W; thence to
442305" N.................................  0681132" W; returning to
                                             start.
------------------------------------------------------------------------

    (2) Anchorage ``B'' is that portion of Frenchman Bay, Bar Harbor, ME 
enclosed by a rhumb line connecting the following points:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
442433" N.................................  0681309" W; thence to
442442" N.................................  0681147" W; thence to copied
442411" N.................................  0681141" W; thence to
442402" N.................................  0681303" W; returning to
                                             start.
------------------------------------------------------------------------

    (b) Regulations. (1) Anchorage A is a general anchorage ground 
reserved for passenger vessels, small commercial vessels and pleasure 
craft. Anchorage B is a general anchorage ground reserved primarily for 
passenger vessels 200 feet and greater.

[[Page 484]]

    (2) These anchorage grounds are authorized for use year round.
    (3) Temporary floats or buoys for marking anchors will be allowed in 
all anchorage areas.
    (4) Fixed moorings, piles or stakes are prohibited.
    (5) Any vessels anchored in this area shall be capable of moving and 
when ordered to move by the Captain of the Port shall do so with 
reasonable promptness.
    (6) The anchoring of vessels is under the coordination of the local 
Harbormaster.

[CGD-01-02-027, 67 FR 68518, Nov. 12, 2002]



Sec.  110.131  Sheepscot River in the vicinity of Edgecomb, Maine.

    (a) Anchorage grounds. All of the waters enclosed by a line starting 
from a point located at the southwestern end of Davis Island at latitude 
43 deg.59.655 N., longitude 69 deg.39.617 W.; thence to latitude 
43 deg.59.687 N., longitude 69 deg.39.691 W.; thence to latitude 
43 deg.59.847 N., longitude 69 deg.39.743 W.; thence to latitude 
43 deg.59.879 N., longitude 69 deg.39.559 W.; thence to latitude 
43 deg.59.856 N., longitude 69 deg.39.488 W.; thence to latitude 
43 deg.59.771 N., longitude 69 deg.39.585 W.; thence to the point of 
beginning. DATUM: NAD 83
    (b) Regulations. (1) This anchorage is reserved for vessels of all 
types, with drafts of 3 to 12 feet.
    (2) These anchorage grounds are authorized for use from May through 
October.
    (3) Vessels are limited to a maximum stay of 1 week.
    (4) Fixed moorings, piles or stakes are prohibited.
    (5) Vessels must not anchor so as to obstruct the passage of other 
vessels proceeding to or from other anchorage spaces.
    (6) Anchors must not be placed in the channel and no portion of the 
hull or rigging of any anchored vessel shall extend outside the limits 
of the anchorage area.
    (7) The anchorage of vessels is under the coordination of the local 
Harbormaster.

[CGD01-07-011, 72 FR 70514, Dec. 12, 2007]



Sec.  110.132  Rockland Harbor, Maine.

    (a) The anchorage grounds--(1) Anchorage A. Beginning at a point 
bearing 158 deg., 1,075 yards, from Rockland Breakwater Light; thence 
252 deg., 2,020 yards, to a point bearing 224 deg. from Rockland 
Breakwater Light; thence 345 deg., 740 yards, to a point bearing 
242 deg. from Rockland Breakwater Light; thence 72 deg., 1,300 yards, to 
a point bearing 222 deg. from Rockland Breakwater Light; and thence 
120 deg., 1,000 yards, to the point of beginning.
    (2) Anchorage B. Beginning at a point bearing 273 deg., 400 yards, 
from Rockland Breakwater Light; thence 273 deg., 700 yards, to a point 
bearing 273 deg. from Rockland Breakwater Light; thence 349 deg., 850 
yards, to a point bearing 305 deg. from Rockland Breakwater Light; 
thence 89 deg., 700 yards, to a point bearing 328 deg. from Rockland 
Breakwater Light; and thence 169 deg., 900 yards, to the point of 
beginning.
    (b) The regulations. (1) Anchorages A and B are general anchorage 
grounds reserved for merchant vessels, commercial vessels or passenger 
vessels over 65 feet in length. Fixed moorings, piles or stakes are 
prohibited.
    (2) A distance of approximately 500 yards shall be left between 
Anchorages A and B for vessels entering or departing from the Port of 
Rockland. A distance of approximately 100 yards shall be left between 
Anchorage A and the Special Anchorage Area for vessels entering or 
departing facilities in the vicinity of Atlantic Point. Any vessel 
anchored in these anchorages shall be capable of moving and when ordered 
to move by the Captain of the Port shall do so with reasonable 
promptness.
    (3) All other vessels within the Rockland Harbor area are prohibited 
from anchoring within 300 yards or operating within 100 feet of any navy 
yard, shipbuilding plant, power plant, oil terminal, marine terminal, 
munitions plant, military or naval arsenal or depot, warehouse, or 
freight pier without permission from the Captain of the Port, Rockland, 
Maine, or his authorized representative.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967. Redesignated by CGD-01-02-027, 
67 FR 68518, Nov. 12, 2002; CGD-01-02-129, 68 FR 44888, July 31, 2003]

[[Page 485]]



Sec.  110.133  Kennebec River in vicinity of Bath, Maine.

    (a) The anchorage grounds. Vessels may anchor only within the 
following limits:
    (1) Northward of a line bearing 54 deg. true and extending from a 
point on Passmore's wharf in prolongation with the north side of 
Commerce Street, Bath, Maine, to a point on the shore in Woolwich, 
approximately 1,200 feet north of the Maine Central Railroad wharf.
    (2) Southward of a line drawn from the derrick on the Bath Iron 
Works wharf to Sassanoa Point in Woolwich.
    (b) The regulations. (1) Vessels in the north anchorage shall be so 
anchored as to leave a clear fairway of 150 feet channelward of the 
established harbor lines at Bath, and a clear fairway 200 feet from the 
east or Woolwich shore, for the passage of steamers, tows, rafts, and 
other watercraft.
    (2) The launching of vessels into the waters between the anchorages 
or the bringing up of such vessels by their anchors will be permitted: 
Provided, That the vessels so launched shall be removed therefrom within 
12 hours from the time of anchorage.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967. Redesignated by CGD-01-02-027, 
67 FR 68518, Nov. 12, 2002]



Sec.  110.134  Portland Harbor, Maine.

    (a) The anchorage grounds--(1) Anchorage A (general). Beginning at 
latitude 43 deg.3937" N, longitude 070 deg.1435" W; thence 
approximately 090 deg. for 1550 yards to Fort Gorges Island Ledge Buoy 
4; thence 350 deg. for 300 yards; thence 025 deg. for 780 yards; thence 
303 deg. for 750 yards; thence 254 deg. for 560 yards; thence 186 deg. 
for 750 yards and thence to the point of beginning.
    (2) Anchorage B (general--primarily intended for deep draft 
vessels). Beginning at Fort Gorges Island Ledge Buoy 4; thence 062 deg. 
to Little Diamond Island; thence along the southwestern shore to the 
pier on the southern end of Little Diamond Island; 133 deg. for 1200 
yards; 270 deg. to House Island Light; thence along the western shore of 
House Island to Fort Scammel Point Light; thence 325 deg. for 1700 yards 
to the point of beginning.
    (3) Anchorage C. Bounded on the northwest by House Island; on the 
north by a line running 90 deg. from House Island Light to Peak Island; 
on the east by the western shore of Peak Island, by a line running 
198 deg. from the westernmost point on Peak Island to Cushing Island, 
and by the shore of Cushing Island to its westernmost point; and on the 
southwest by a line running from the westernmost point on Cushing Island 
to Fort Scammel Point Light.
    (b) The regulations. (1) Anchorage B is intended for general 
purposes, but especially for use by oil tankers and other large deep-
draft ships entering harbor at night and intending to proceed to the 
dock allotted at daylight the following morning or as soon as 
practicable. This area is also to be used for quarantine anchorage. 
Vessels must be so anchored in this area as to leave at all times an 
open usable channel at least 100 feet wide for passage of ferry and 
other boats between Portland, Peak Island, and Bay Points. Any vessels 
anchored in this area shall be ready to move on short notice when 
ordered to do so by the Captain of the Port.
    (2) Anchorage C is intended for use only by small vessels and for 
temporary anchorage.


[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD 83-1R, 48 FR 
56578, Dec. 22, 1983. Redesignated by CGD-01-02-027, 67 FR 68518, Nov. 
12, 2002]



Sec.  110.136  Lake Champlain, NY and VT.

    (a) Burlington Harbor, Vt. (1) The waters bounded by a line 
connecting the following points:

442826.9" N                         731331.9" W
442826.4" N                         731325.6" W
442822.0" N                         731324.6" W
442812.0" N                         731332.5" W
 


and thence along the breakwater to the point of the beginning. These 
positions have been converted to North American Datum 83.
    (2) No vessel greater than 35 feet in length may use this anchorage 
and no vessel may remain at anchor longer than 7 days in any period 
unless specifically permitted to do so by the City of Burlington, 
Harbormaster.

[[Page 486]]

    (b) [Reserved]

[CGD1-90-064, 56 FR 12120, Mar. 22, 1991. Redesignated by CGD-01-02-027, 
67 FR 68518, Nov. 12, 2002]



Sec.  110.138  Boston Harbor, Mass.

    (a) The anchorage grounds--(1) Bird Island Anchorage. Beginning at a 
point bearing 93 deg., 1,400 yards, from the aerial beacon on top of the 
Boston Custom House tower; thence to a point bearing 81 deg., 1,600 
yards, from the aerial beacon on top of the Boston Custom House tower; 
thence to a point bearing 102 deg., 3,100 yards, from the aerial beacon 
on top of the Boston Custom House tower; thence to a point bearing 
109 deg., 3,050 yards, from the aerial beacon on top of the Boston 
Custom House tower; and thence to the point of beginning.
    (2) President Roads Anchorage--(i) 40-foot anchorage. Beginning at a 
point bearing 237 deg., 522 yards from Deer Island Light; thence to a 
point bearing 254 deg., 2,280 yards from Deer Island Light; thence to a 
point bearing 261 deg., 2,290 yards from Deer Island Light; thence to a 
point bearing 278 deg., 2,438 yards from Deer Island Light; thence to a 
point bearing 319 deg., 933 yards from Deer Island Light; thence to a 
point bearing 319 deg., 666 yards from Deer Island Light; and thence to 
point of beginning.
    (ii) 35-foot anchorage. Beginning at a point bearing 256 deg., 2,603 
yards from Deer Island Light; thence to a point bearing 258 deg.30, 
3,315 yards from Deer Island Light; thence to a point bearing 264 deg., 
3,967 yards from Deer Island Light; thence to a point bearing 261 deg., 
2,290 yards from Deer Island Light; and thence to point of beginning.
    (3) Long Island Anchorage. East of Long Island, bounded as follows: 
Beginning at the southwesternmost point of Gallups Island; thence 
270 deg. to Long Island; thence southerly along the eastern shore line 
of Long Island to Bass Point; thence to the northernmost point of 
Rainsford Island; thence to Georges Island Gong Buoy 6; and thence to 
the point of beginning.
    (4) Castle Island Anchorage. Bounded on the north by Castle Island 
and adjacent land; on the east by a line between Castle Rocks Fog Signal 
Light and Old Harbor Shoal Buoy 2; on the southeast by a line between 
Old Harbor Shoal Buoy 2 and Old Harbor Buoy 4; and on the west by a line 
running due north from Old Harbor Buoy 4 to the shore line at City 
Point.
    (5) Explosives anchorage. In the lower harbor, bounded on the 
northeast by a line between the northeast end of Peddocks Island and the 
northeast end of Rainsford Island; on the northwest by Rainsford Island; 
on the southwest by a line between the western extremity of Rainsford 
Island and the westernmost point of Peddocks Island; and on the 
southeast by Peddocks Island.
    (b) The regulations. (1) The Captain of the Port may authorize the 
use of the President Roads Anchorage as an explosives anchorage when he 
finds that the interests of commerce will be promoted and that safety 
will not be prejudiced thereby. Vessels anchored in this area shall move 
promptly upon notification by the Captain of the Port.
    (2) In the Long Island Anchorage vessels shall anchor in the 
position designated by the Captain of the Port.
    (3) Floats or buoys for marking anchors or moorings in place will be 
allowed in all areas. Fixed mooring piles or stakes are prohibited.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967. Redesignated by CGD-01-02-027, 
67 FR 68518, Nov. 12, 2002]



Sec.  110.140  Buzzards Bay, Nantucket Sound, and adjacent waters, Mass.

    (a) New Bedford Outer Harbor--(1) Anchorage A. West of Sconticut 
Neck, and shoreward of a line described as follows: Beginning at a point 
100 yards southwest of Fort Phoenix Point; thence 154 deg. along a line 
which passes 100 yards east of New Bedford Channel Buoys 8, 6, and 4, to 
a point bearing approximately 130 deg., 225 yards, from New Bedford 
Channel Buoy 4; thence 87 deg., 340 yards; thence 156 deg. along a line 
approximately one mile to its intersection with a line ranging 87 deg. 
from the cupola on Clarks Point; thence 87 deg. to Sconticut Neck.
    (2) Anchorage B. All waters bounded by a line beginning at 
41 deg.3642.3" N, 070 deg.5424.9" W; thence to 41 deg.3655.5" N, 
070 deg.5406.6" W; thence to 41 deg.3613.6" N, 070 deg.5340.2" W; 
thence to 41 deg.3611.1" N, 070 deg.5407.6" W; thence along the 
shoreline to the beginning point.
    (b) Buzzards Bay near entrance to approach channel to Cape Cod 
Canal--(1)

[[Page 487]]

Anchorage C. West of a line parallel to and 850 feet westward from the 
centerline of Cleveland Ledge Channel; north of a line bearing 129 deg. 
from the tower on Bird Island; east of a line bearing 25 deg.30 and 
passing through Bird Island Reef Bell Buoy 13; and south of a line 
bearing 270 deg. from Wings Neck Light. Each vessel must obtain 
permission to proceed to Anchorage C from the U.S. Army Corps of 
Engineers Cape Cod Canal Control traffic controller.
    (2) Anchorage D. Beginning at a point bearing 185 deg., 1,200 yards, 
from Hog Island Channel 4 Light; thence 129 deg. to a point bearing 
209 deg., approximately 733 yards, from Wings Neck Light; thence 
209 deg. to Southwest Ledge Buoy 10; thence 199 deg. along a line to its 
intersection with a line bearing 129 deg. from the tower on Bird Island; 
thence 309 deg. to a point 850 feet easterly, right angle distance, from 
the centerline of Cleveland Ledge Channel; thence northeasterly along a 
line parallel to and 850 feet eastward from the centerline of Cleveland 
Ledge Channel to its intersection with a line bearing 218 deg. 30 from 
the point of beginning; thence 38 deg.30 to the point of beginning. 
Each vessel must obtain permission to proceed to Anchorage D from the 
U.S. Army Corps of Engineers Cape Cod Canal Control traffic controller.
    (3) Anchorage L. The area of water bounded by lines connecting the 
following points: 41 deg.3011" N, 070 deg.4810" W to 41 deg.3046" N, 
070 deg.4845" W, to 41 deg.3224" N, 070 deg.4550" W to 41 deg.3148" 
N, 070 deg.4515" W and thence to start.
    (4) Anchorage M--(west side). The waters bounded by a line 
connecting the following points: 41-35-35N/70-44-47W to 41-36-24N/70-45-
53W to 41-35-00N/70-47-53W to 41-34-12N/70-46-47W and thence to the 
beginning
    (5) Each vessel that anchors in these anchorages must notify the 
U.S. Army Corps of Engineers Cape Cod Canal Control traffic controller 
when it anchors, and provide the vessel's name, length, draft, cargo, 
and its position.
    (6) Each vessel anchored in these anchorages must notify U.S. Army 
Corps of Engineers Cape Cod Canal Control traffic controller when it 
weighs anchor.
    (7) No vessel may anchor unless it maintains a bridge watch, guards 
and answers Channel 16 FM, and maintains an accurate position plot.
    (8) No vessel may anchor unless it maintains the capability to get 
underway within 30 minutes; except with prior approval of the Coast 
Guard Captain of the Port Southeastern New England.
    (9) No vessel may anchor in a ``dead ship'' status (propulsion or 
control unavailable for normal operations) without the prior approval of 
the Coast Guard Captain of the Port Southeastern New England.
    (10) No vessel may conduct lightering operations within these 
anchorages.
    (c) Vineyard and Nantucket Sounds--(1) Anchorage E. South of a line 
beginning at a point bearing 180 deg. about 3.25 miles from Cuttyhunk 
Light; thence 65 deg. to a point bearing 180 deg., 0.625 mile from 
Nashawena Lighted Whistle Buoy; thence 57 deg.30 passing 600 yards 
northerly of Middle Ground Lighted Bell Buoy 25A, to a point bearing 
145 deg., 1.25 miles from Nobska Point Light; southwest of a line 
ranging 113 deg. through West Chop Buoy 25 to East Chop Flats Bell Buoy 
23; and west of a line bearing 163 deg. between East Chop Flats Bell 
Buoy 23 and Lone Rock Buoy 1; and northerly of a line bearing 269 deg. 
between Lone Rock Buoy 1 and a point on the mainland at Oak Bluffs about 
0.30 mile southerly of Oak Bluffs Wharf.
    (2) Anchorage F. Southeast of the Elizabeth Islands, north of a line 
ranging 97 deg.30 from Cuttyhunk Light toward Nashawena Lighted Whistle 
Buoy to a point 0.375 mile from that buoy; northwest of a line bearing 
57 deg.30 from the last-named point to a point opposite the entrance to 
Woods Hole; and southwest of a line from the shore of Nonamesset Island 
bearing 114 deg. and ranging through West Chop Light and East Chop 
Light.
    (3) Anchorage G. South of a line beginning at a point on the 
mainland at Oak Bluffs about 0.30 mile southerly of Oak Bluffs Wharf 
bearing 89 deg. to Lone Rock Buoy 1; thence 113 deg. from Lone Rock Buoy 
1 to Outer Flats Bell Buoy 17; thence 86 deg. to Cross Rip Lightship; 
thence 118 deg.30 to Tuckernuck Shoal Bell Buoy 7; thence ranging 
149 deg. toward Brant Point Light to the breakwater at Brant Point.

[[Page 488]]

    (4) Anchorage H. In the vicinity of Squash Meadow shoal, east of a 
line ranging 163 deg. through Squash Meadow West End Buoy 21; north of 
lines parallel to and 0.5 mile northerly from lines joining Lone Rock 
Buoy 1, Outer Flats Bell Buoy 17, and Cross Rip Lightship; and south of 
a line ranging 97 deg. from East Chop Light toward Cross Rip Lightship.
    (5) Anchorage I. Northerly of a line ranging 109 deg. from Nobska 
Point Light toward Hedge Fence Lighted Horn and Gong Buoy 16, and of a 
line ranging 97 deg.30 through Hedge Fence East End Buoy to Halfmoon 
Shoal Lighted Bell Buoy 12, thence 73 deg. to Handkerchief Shoal Buoy 
16, and thence to the westernmost point of Monomoy Island.
    (6) Anchorage J. East of a line bearing 329 deg., parallel to and 
0.875 mile northeasterly of a line running from Brant Point Light 
through Tuckernuck Shoal Bell Buoy 7, from Coatue Beach to a point 1.25 
miles southeasterly from a line between Halfmoon Shoal Lighted Bell Buoy 
12 and Handkerchief Shoal Buoy 16; thence 73 deg., parallel to and 1.25 
miles southeasterly from a line running from Halfmoon Shoal Lighted Bell 
Buoy 12 through Handkerchief Shoal Buoy 16, to a point bearing 215 deg. 
from Stone Horse North End Lighted Bell Buoy 9; thence 35 deg. to Stone 
Horse North End Lighted Bell Buoy 9; thence 70 deg. to a point bearing 
207 deg. from Pollock Rip Lightship; and thence 27 deg. through, and to 
a point 5.0 miles northeasterly from, Pollock Rip Lightship.
    (7) Anchorage K. North of a line tangent to the southeasterly edge 
of Monomoy Point and extending to Bearse Shoal North End Buoy 2A and 
west of a line bearing 7 deg. from Bearse Shoal North End Buoy 2A to 
Chatham Bar Buoy 2.
    (d) The regulations. (1) Floats or buoys for marking anchors or 
moorings in place will be allowed in all areas. Fixed mooring piles or 
stakes are prohibited.
    (2) Except in cases of great emergency, no vessels shall be anchored 
in New Bedford Outer Harbor, Buzzards Bay near the entrance to the 
approach channel to Cape Cod Canal, or Vineyard and Nantucket Sounds, 
outside of the anchorage areas defined in paragraphs (a) to (c) of this 
section.
    (3) Anchors must not be placed outside the anchorage areas, nor 
shall any vessel be so anchored that any portion of the hull or rigging 
will at any time extend outside the boundaries of the anchorage area.
    (4) Any vessel anchoring under the circumstances of great emergency 
outside any anchorage area must be placed near the edge of the channel 
and in such position as not to interfere with the free navigation of the 
channel, nor obstruct the approach to any pier nor impede the movement 
of any boat, and shall move away immediately after the emergency ceases 
or upon notification by an officer of the Coast Guard.
    (5) A vessel upon being notified to move into the anchorage limits 
or to shift its position in anchorage grounds must get under way at once 
or signal for a tug, and must change position as directed with 
reasonable promptness.
    (6) Whenever the maritime or commercial interests of the United 
States so require, any officer of the Coast Guard is hereby empowered to 
shift the position of any vessel anchored within the anchorage areas, of 
any vessel anchored outside the anchorage areas, and of any vessel which 
is so moored or anchored as to impede or obstruct vessel movements in 
any channel.
    (7) Nothing in this section shall be construed as relieving the 
owner or person in charge of any vessel from the penalties of the law 
for obstructing navigation or for obstructing or interfering with range 
lights, or for not complying with the navigation laws in regard to 
lights, fog signals, or for otherwise violating the law.


[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD1 90-125, 56 
FR 22644, May 16, 1991; 56 FR 40360, Aug. 14, 1991; CGD01-04-004, 70 FR 
2355, Jan. 13, 2005; USCG-2006-25556, 72 FR 36327, July 2, 2007; USCG-
2010-1119, 76 FR 35744, June 20, 2011]



Sec.  110.142  Nantucket Harbor, Mass.

    (a) The anchorage grounds. In the Nantucket Harbor, beginning at a 
point 210 yards, 90 deg., from Brant Point Light; thence easterly to 
latitude 41 deg.1723", longitude 70 deg.0514.5"; thence southerly to 
latitude 41 deg.1703", longitude 70 deg.0514.5"; thence southwesterly 
to latitude 41 deg.1654", longitude 70 deg.0523"; thence northwesterly 
to latitude

[[Page 489]]

41 deg.1655", longitude 70 deg.0531"; thence northeasterly to latitude 
41 deg.1707.5", longitude 70 deg.0527"; thence northeasterly to the 
point of beginning.
    (b) The regulations. The anchorage is for the use of commercial and 
pleasure craft. Temporary floats or buoys for marking anchors or 
moorings in place will be allowed. Fixed mooring piles or stakes are 
prohibited. The anchoring of vessels including the placing of anchors 
and moorings is subject to the supervision and approval of the local 
harbor master.



Sec.  110.145  Narragansett Bay, R.I.

    (a) East Passage--(1) Anchorage A. East of Conanicut Island, 
beginning at the easterly extremity of the Dumplings; extending 9 deg. 
to a point at latitude 41 deg.2928", longitude 71 deg.2105.5"; thence 
356 deg. for 5,350 feet; thence 24 deg. for 5,700 feet; thence 12 deg. 
for 1,100 feet; thence 311 deg.30 for 2,300 feet; thence 351 deg. for 
5,350 feet; thence 270 deg. for 3,200 feet to the easterly side of 
Conanicut Island; thence generally along the easterly side of the island 
to a point on the easterly side of the island due west of the Dumplings; 
and thence due east to the point of beginning; excluding the approach of 
the Jamestown Ferry, a zone 900 feet wide to the southward of a line 
ranging 103 deg. from a point, 300 feet north of the existing ferry 
landing toward the spire of Trinity Church, Newport.
    (i) That portion of the area to the northward of the approach of the 
Jamestown Ferry shall be restricted for the anchorage of vessels of the 
U.S. Navy. In that portion of the area to the southward of the approach 
of the Jamestown Ferry, the requirements of the Navy shall predominate.
    (ii) Temporary floats or buoys for marking anchors or moorings in 
place shall be allowed in this area. Fixed mooring piles or stakes will 
not be allowed.
    (2) Anchorage B. Off the west shore of Aquidneck Island to north of 
Coggeshall Point, northerly of a line ranging 075 deg. from a point on 
the easterly end of Gould Island, latitude 41 deg.3213", longitude 
71 deg.2040.5", toward the shore of Aquidneck Island; east of a line 
ranging 019 deg. from the easternmost of the Dumplings to latitude 
41 deg.3616", longitude 71 deg.1748"; thence northeast to latitude 
41 deg.3653", longitude 71 deg.1707.5"; thence east to latitude 
41 deg.3653", longitude 71 deg.1640"; thence southwesterly to latitude 
41 deg.3554", longitude 71 deg.1717.5"; thence southeasterly to the 
shore at the easterly end of the north boundary of the cable area in the 
vicinity of Coggeshall Point; excluding the cable area in the vicinity 
of Coggeshall Point.
    (i) Anchorage B-1. Off the southerly end of Prudence Island 
beginning at a point at latitude 41 deg.3408.9", longitude 
71 deg.1925.8"; thence 19 deg. for 1,900 feet; thence 289 deg. for 
1,900 feet; thence 199 deg. for 1,900 feet; thence 109 deg. for 1,900 
feet to the point of beginning.
    (a) In this area the requirements of the Navy shall predominate.
    (b) Temporary floats or buoys for marking anchors or moorings in 
place will be allowed in this area. Fixed mooring piles or stakes will 
not be allowed.
    (ii) [Reserved]
    (3) Anchorage C.
    (i) [Reserved]
    (ii) West of Coasters Harbor Island, west of a line bearing 351 deg. 
from Tracey Ledge Buoy 5 through Seventeen-foot Spot Buoy northeast of 
Gull Rocks; south of a line bearing 292 deg. from the cupola at the 
Naval War College; east of a line ranging 19 deg. from the easternmost 
of The Dumplings toward Dyer Island North Point Shoal Lighted Bell Buoy 
12A; and north of latitude 41 deg.3022" which parallel passes through a 
point 230 yards north of Rose Island Shoal Northeast End Buoy 8.
    (iii) In this area the requirements of the Navy shall predominate.
    (iv) Temporary floats or buoys for marking anchors or moorings in 
place will be allowed in this area. Fixed mooring piles or stakes will 
not be allowed.
    (4) Anchorage D. West of Goat Island, an area bounded by the 
following coordinates:

Northeast Corner: 41 deg.29.484 N, 071 deg.19.975 W
Northwest Corner: 41 deg.29.484 N, 071 deg.20.578 W
Southwest Corner: 41 deg.29.005 N, 071 deg.20.578 W
Southeast Corner: 41 deg.29.005 N, 071 deg.19.975 W

[[Page 490]]

    (i) In this area the requirements of the Navy shall predominate from 
May 1 to October 1, subject at all times to such adjustments as may be 
necessary to accommodate all classes of vessels which may require 
anchorage room.
    (ii) Temporary floats or buoys for marking anchors or moorings in 
place will be allowed in this area. Fixed mooring piles or stakes will 
not be allowed.
    (iii) Should any part of an anchored vessel extend into the 
recommended vessel route in the East Passage of Narragansett Bay, a 
securite call notifying mariners of the vessel's exact position and 
status shall be made at least hourly on VHF channels 13 and 16.
    (iv) As much as practicable vessels anchoring will do so in the 
following order:
    (A) Primary anchoring point: 41 deg.29.25 N, 071 deg.20.15 W
    (B) Secondary anchoring point: 41 deg.29.38 N, 071 deg.20.45 W
    (C) Tertiary anchoring point: 41 deg.29.15 N, 071 deg.20.50 W

    Note to paragraph (a):
    ``Anchoring point'' is the intended position of the anchor at rest 
on the bottom of the anchorage. All coordinates referenced use datum: 
NAD 83.

    (5) Anchorage E. South of Coasters Harbor Island, east of a line 
bearing 341 deg. from the outer end of Briggs Wharf to the southwestern 
shore of Coasters Harbor Island near the War College Building; and north 
of a line ranging 265 deg. from the flagstaff at Fort Greene toward Rose 
Island Light.
    (i) In this area the requirements of the naval service will 
predominate from May 1 to October 1, but will at all times be subject to 
such adjustment as may be necessary to accommodate all classes of 
vessels that may require anchorage room.
    (ii) Temporary floats or buoys for marking anchors or moorings in 
place will be allowed in this area. Fixed mooring piles or stakes will 
not be allowed.
    (b) West Passage--(1) Anchorage H. North of a line 1,000 yards long 
bearing 88 deg. from Bonnet Point; west of a line bearing 3 deg. from 
the eastern end of the last-described line; and south of a line ranging 
302 deg. through a point 200 yards south of the Kearny wharf toward the 
church spire at South Ferry, Boston Neck.
    (i) Temporary floats or buoys for marking anchors or moorings in 
place will be allowed in this area. Fixed mooring piles or stakes will 
not be allowed.
    (2) Anchorage I. North of a line 1,000 yards long bearing 88 deg. 
from Bonnet Point to the shore at Austin Hollow; east of a line bearing 
183 deg. from Dutch Island Light; and south of a line ranging 302 deg. 
through a point 200 yards south of the Kearny wharf toward the church 
spire at South Ferry, Boston Neck.
    (i) Temporary floats or buoys for marking anchors or moorings in 
place will be allowed in this area. Fixed mooring piles or stakes will 
not be allowed.
    (3) Anchorage J. At Saunderstown, south of a line ranging 110 deg. 
from the south side of the ferry wharf toward the cable crossing sign on 
Dutch Island; west of a line ranging 192 deg. from Plum Beach Shoal Buoy 
1 PB toward the east shore of The Bonnet; and north of a line from the 
shore ranging 108 deg. toward Dutch Island Light and the north end of 
the wharf at Beaver Head.
    (i) Temporary floats or buoys for marking anchors or moorings in 
place will be allowed in this area. Fixed mooring piles or stakes will 
not be allowed.
    (4) Anchorage K. In the central and southern portion of Dutch Island 
Harbor, north of a line ranging 106 deg. from Beaver Head Point Shoal 
Buoy 2 toward the Jamestown standpipe; east of a line ranging 14 deg. 
from Beaver Head Point Shoal Buoy 2 toward the inshore end of the 
engineer wharf, Dutch Island; southeast of a line ranging 50 deg. from 
Dutch Island Light toward the windmill north of Jamestown; and south of 
a line parallel to and 100 yards southwesterly from a line ranging 
132 deg. from the engineer wharf, Dutch Island, and the west ferry 
wharf, Jamestown.
    (i) Temporary floats or buoys for marking anchors or moorings in 
place will be allowed in this area. Fixed mooring piles or stakes will 
not be allowed.
    (5) Anchorage L. North of a line ranging 101 deg. from a point on 
shore 300 yards northerly of the Saunderstown ferry wharf toward the 
entrance to Round

[[Page 491]]

Swamp, Conanicut Island; west of a line bearing 15 deg. parallel to and 
1,000 feet westerly from a line joining the western point of Dutch 
Island and Twenty-three Foot Rock Buoy 4, and a line ranging 6 deg. from 
Dutch Island Light toward Warwick Light; and south of a line ranging 
290 deg. from Sand Point, Conanicut Island, to Wickford Harbor Light, 
and a line bearing 226 deg. from Wickford Harbor Light to Poplar Point 
tower.
    (i) Temporary floats or buoys for marking anchors or moorings in 
place will be allowed in this area. Fixed mooring piles or stakes will 
not be allowed.
    (6) Anchorage M. East and north of Dutch Island, northeast of a line 
ranging 316 deg. from the inshore end of the west ferry wharf, 
Jamestown, toward the north end of Dutch Island to a point bearing 
88 deg., 200 yards, from the engineer wharf, Dutch Island, thence 
ranging 3 deg. toward the shore of Conanicut Island at Slocum Ledge; 
north of a line 200 yards off the Dutch Island shore ranging 281 deg. 
from the entrance to Round Swamp toward a point on shore 300 yards 
northerly from the Saunderstown ferry wharf; east of a line ranging 
15 deg. from the western point of Dutch Island to Twenty-three Foot Rock 
Buoy 4; and south of a line bearing 77 deg. from Twenty-three Foot Rock 
Buoy 4 to the shore.
    (i) Temporary floats or buoys for marking anchors or moorings in 
place will be allowed in this area. Fixed mooring piles or stakes will 
not be allowed.
    (7) Anchorage N. West of the north end of Conanicut Island, south of 
a line bearing 262 deg. from Conanicut Island Light; east of a line 
bearing 8 deg. from Twenty-three Foot Rock Buoy 4; and north of a line 
ranging 290 deg. from Sand Point toward Wickford Harbor Light.
    (i) Temporary floats or buoys for marking anchors or moorings in 
place will be allowed in this area. Fixed mooring piles or stakes will 
not be allowed.
    (c) Bristol Harbor--(1) Anchorage O. South of the south line of 
Franklin Street extended westerly; west of a line bearing 164 deg.30 
parallel to and 400 feet westerly from the State harbor line between 
Franklin and Constitution Streets, and of a line ranging 244 deg. from a 
point on the north line of Constitution Street extended 400 feet beyond 
the State harbor line toward Usher Rock Buoy 3; and north of the north 
line of Union Street extended to the Popasquash Neck shore.
    (i) Temporary floats or buoys for marking anchors or moorings in 
place will be allowed in this area. Fixed mooring piles or stakes will 
not be allowed.
    (d) The regulations. (1) Except in cases of great emergency, no 
vessel shall be anchored in the entrances to Narragansett Bay, in 
Newport Harbor, or in Bristol Harbor, outside of the anchorage areas 
defined in paragraphs (a), (b) and (c) of this section.
    (2) Anchors must not be placed outside the anchorage areas, nor 
shall any vessel be so anchored that any portion of the hull or rigging 
shall at any time extend outside the boundaries of the anchorage area. 
However, Anchorage D (paragraph (a)(4) of this section) is exempt from 
this requirement.
    (3) Any vessel anchoring under the circumstances of great emergency 
outside the anchorage areas must be placed near the edge of the channel 
and in such position as not to interfere with the free navigation of the 
channel, nor obstruct the approach to any pier, nor impede the movement 
of any boat, and shall move away immediately after the emergency ceases, 
or upon notification by an officer of the Coast Guard.
    (4) A vessel upon being notified to move into the anchorage limits 
or to shift its position on anchorage grounds must get under way at once 
or signal for a tug, and must change position as directed with 
reasonable promptness.
    (5) Whenever the maritime or commercial interests of the United 
States so require, any officer of the Coast Guard is hereby empowered to 
shift the position of any vessel anchored within the anchorage areas, of 
any vessel anchored outside the anchorage areas, and of any vessel which 
is so moored or anchored as to impede or obstruct vessel movements in 
any channel.
    (6) Nothing in this section shall be construed as relieving the 
owner or person in charge of any vessel from the penalties of the law 
for obstructing

[[Page 492]]

navigation or for obstructing or interfering with range lights, or for 
not complying with the navigation laws in regard to lights, fog signals, 
or for otherwise violating the law.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967]

    Editorial Note: For Federal Register citations affecting Sec.  
110.145, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec.  110.146  Long Island Sound.

    (a) Anchorage grounds.
    (1) Bridgeport Anchorage Ground. That portion of Long Island Sound 
enclosed by a line connecting the following points:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
410452" N.................................  731404" W; thence to
410345" N.................................  731404" W; thence to
410345" N.................................  731139" W; thence to
410250" N.................................  731208" W; thence to
410250" N.................................  731618" W; thence to
410452" N.................................  731618" W; returning to
                                             point of origin.
------------------------------------------------------------------------

    (2) New Haven North Anchorage Ground. That portion of Long Island 
Sound enclosed by a line connecting the following points:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
411218" N.................................  725236" W; thence to
411218" N.................................  724936" W; thence to
411012" N.................................  724818" W; thence to
411012" N.................................  725212" W; thence to
411106" N.................................  725306" W; returning to
                                             point of origin.
------------------------------------------------------------------------

    (3) New Haven South Anchorage Ground. That portion of Long Island 
Sound enclosed by a line connecting the following points:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
410930" N.................................  724748" W; thence to
410836" N.................................  724724" W; thence to
410836" N.................................  725124" W; thence to
410930" N.................................  725124" W; returning to
                                             point of origin.
------------------------------------------------------------------------

    (4) New London Anchorage Ground. That portion of Long Island Sound 
enclosed by a line connecting the following points:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
411411" N.................................  0721538" W; thence to
411505" N.................................  0721602" W; thence to
411539" N.................................  0721321" W; thence to
411445" N.................................  0721257" W; returning to
                                             point of origin.
------------------------------------------------------------------------

    (5) Northport Anchorage Ground. That portion of Long Island Sound 
enclosed by a line connecting the following points:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
405848" N.................................  0731630" W; thence to
405742" N.................................  0731142" W; thence to
405630" N.................................  0731330" W; thence to
405736" N.................................  0731812" W; returning to
                                             point of origin.
------------------------------------------------------------------------

    (6) Port Jefferson Anchorage Ground. That portion of Long Island 
Sound enclosed by a line connecting the following points:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
410148" N.................................  0730454" W; thence to
410148" N.................................  0730000" W; thence to
410018" N.................................  0730000" W; thence to
410018" N.................................  0730454" W; returning to
                                             point of origin.
------------------------------------------------------------------------

    (7) Riverhead Anchorage Ground. That portion of Long Island Sound 
enclosed by a line connecting the following points:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
410300" N.................................  0724200" W; thence to
410400" N.................................  0723600" W; thence to
410200" N.................................  0723524" W; thence to
410124" N.................................  0724124" W; returning to
                                             point of origin.
------------------------------------------------------------------------

    (8) All coordinates referenced use datum: NAD 83.
    (b) General regulations.
    (1) These anchorages are designated for general purposes, but are 
intended primarily for use by commercial vessels of 300 gross tons and 
greater and all tank vessels including tank barges. Except in 
emergencies, commercial vessels of 300 gross tons and greater and all 
tank vessels, including tank barges, anchoring in the Captain of the 
Port Long Island Sound Zone inside the line of demarcation shall anchor 
in the anchorage grounds described above.
    (2) Prior to anchoring in the anchorage area, all vessels shall 
notify the Coast Guard Captain of the Port via VHF-FM Channel 16.
    (3) In anchorages where lightering and bunkering operations are 
authorized, the Captain of the Port must be

[[Page 493]]

notified at least four hours in advance of a vessel conducting 
lightering or bunkering operations, as required by 156.118 of this 
title. In addition, all lightering and bunkering operations must be done 
in accordance with 156.120 of this title.
    (4) Within an anchorage, navigation is prohibited within 500 yards 
of an anchored vessel that is conducting bunkering or lightering 
operations. In accordance with the ``Regulated Navigation Area: Long 
Island Sound Marine Inspection and Captain of the Port Zone,'' 33 CFR 
165.153(d)(7), navigation also is prohibited within 100 yards of a 
vessel engaged in commercial service.
    (5) Any vessel conducting lightering or bunkering operations shall 
display by day a red flag at its mast head or at least 10 feet above the 
upper deck if the vessel has no mast, and by night the flag must be 
illuminated by spotlight. These signals shall be in addition to day 
signals, lights, and whistle signals required by rules 30 (33 U.S.C. 
2030) and 35 (33 U.S.C. 2035) of the Inland Navigation Rules when at 
anchor in a general anchorage area.
    (6) Except as otherwise provided, a vessel may not occupy an 
anchorage for more than 30 days, unless the vessel obtains written 
permission from the Captain of the Port.
    (7) If a request is made for the long-term lay up of a vessel, the 
Captain of the Port may establish special conditions with which the 
vessel must comply in order for such a request to be approved.
    (8) The Captain of the Port may prescribe specific conditions for 
vessels anchoring within the anchorage grounds described in this 
section, pursuant to 33 CFR 109.05. These conditions may include, but 
are not limited to: The number and location of anchors; scope of chain; 
readiness of the engineering plant and equipment; use of tugs; and 
requirements for maintaining communication guards on selected radio 
frequencies.
    (9) No vessel in such condition that it is likely to sink or 
otherwise become a menace or obstruction to navigation or anchorage of 
other vessels shall occupy an anchorage, except in cases where 
unforeseen circumstances create conditions of imminent peril to 
personnel, and then only for such period as may be authorized by the 
Captain of the Port.
    (10) All vessels anchored within the designated anchorage grounds 
shall comply with the regulations found in 33 CFR 164.19 and shall 
maintain a continuous bridge watch by a licensed deck officer proficient 
in English, monitoring VHF-FM Channel 16. This individual shall confirm 
that the ship's crew performs frequent checks of the vessel's position 
to ensure the vessel is not dragging anchor. A second VHF-FM radio 
monitoring Channel 13 is strongly recommended.
    (11) Anchors shall be placed well within the anchorage grounds so 
that no portion of the hull or rigging will at any time extend outside 
of the anchorage area.
    (12) The Coast Guard Captain of the Port may close the anchorage 
area and direct vessels to depart the anchorage during periods of 
adverse weather or at other times as deemed necessary in the interest of 
port safety and security.
    (13) Any vessel anchored in these grounds must be capable of getting 
underway if ordered by the Captain of the Port and must be able to do so 
within two (2) hours of notification by the Captain of the Port. If a 
vessel will not be able to get underway within two (2) hours of 
notification, permission must be requested from the Captain of the Port 
to remain in the anchorage. No vessel shall anchor in a ``dead ship'' 
status (propulsion or control unavailable for normal operations) without 
prior approval of the Captain of the Port.
    (14) Fixed moorings, piles or stakes are prohibited.

[USCG-2008-0171, 75 FR 76277, Dec. 8, 2010]



Sec.  110.147  New London Harbor, Conn.

    (a) The anchorage grounds--(1) Anchorage A. In the Thames River east 
of Shaw Cove, bounded by lines connecting points which are the following 
bearings and distances from Monument, Groton (latitude 41 deg.2118" N., 
longitude 72 deg.0448" W.): 243 deg., 1,400 yards; 246 deg., 925 yards; 
217 deg., 1,380 yards; and 235 deg., 1,450 yards.
    (2) Anchorage B. In the Thames River southward of New London, 
bounded by lines connecting points which are the

[[Page 494]]

following bearings and distances from New London Harbor Light (latitude 
41 deg.1859" N., longitude 72 deg.0525" W.): 002 deg., 2,460 yards; 
009 deg., 2,480 yards; 026 deg., 1,175 yards; and 008 deg., 1,075 yards.
    (3) Anchorage C. In the Thames River southward of New London Harbor, 
bounded by lines connecting a point bearing 100 deg., 450 yards from New 
London Harbor Light, a point bearing 270 deg., 575 yards from New London 
Ledge Light (latitude 41 deg.1821" N., longitude 72 deg.0441" W.), and 
a point bearing 270 deg., 1,450 yards from New London Ledge Light.
    (4) Anchorage D. In Long Island Sound approximately two miles west-
southwest of New London Ledge Light, bounded by lines connecting points 
which are the following bearings and distances from New London Ledge 
Light: 246 deg., 2.6 miles; 247 deg., 2.1 miles; 233 deg., 2.1 miles; 
and 235 deg., 2.6 miles.
    (5) Anchorage E. The waters at the mouth of New London Harbor one 
mile southeast of New London Ledge Light beginning at latitude 
41 deg.1726" N., longitude 72 deg.0421" W.; thence northeasterly to 
latitude 41 deg.1738" N., longitude 72 deg.0354" W.; thence 
southeasterly to latitude 41 deg.1650" N., longitude 72 deg.0316" W.; 
and thence southwesterly to latitude 41 deg.1638" N. longitude 
72 deg.0343" W.; and thence northwesterly to the point of beginning.
    (6) Anchorage F. The waters off the mouth of New London Harbor two 
miles southeast of New London Ledge Light beginning at latitude 
41 deg.1600" N., longitude 72 deg.0313" W.; thence westerly to 
latitude 41 deg.1600" N., longitude 72 deg.0338" W.; thence northerly 
to latitude 41 deg.1635" N., longitude 72 deg.0338" W.; thence 
easterly to latitude 41 deg.1635" N., longitude 72 deg.0313" W.; and 
thence southerly to the point of beginning.
    (b) The regulations--(1) Anchorage A is for barges and small vessels 
drawing less than 12 feet.
    (2) Anchorage F is reserved for the use of naval vessels and, except 
in cases of emergency, no other vessel may anchor in Anchorage F without 
permission from the Captain of the Port, New London, CT.
    (3) Except in emergencies, vessels shall not anchor in New London 
Harbor or the approaches thereto outside the anchorages defined in 
paragraph (a) of this section unless authorized to do so by the Captain 
of the Port.

[CGD3-80-4A, 46 FR 48193, Oct. 1, 1981, as amended by CGD3 85-56, 51 FR 
32318, Sept. 11, 1986]



Sec.  110.148  Johnsons River at Bridgeport, Conn.

    (a) The anchorage grounds. In Johnsons River, beginning at a point 
``A'' latitude 41 deg.1012.3", longitude 73 deg.0950.2"; thence 
westerly to a point ``B'' latitude 41 deg.1012.3", longitude 
73 deg.0952.1"; thence southwesterly to point ``C'' latitude 
41 deg.1010", longitude 73 deg.0954.9"; thence south southwesterly to 
point ``D'' latitude 41 deg.1005", longitude 73 deg.0956.1"; thence 
southeasterly to point ``E'' latitude 41 deg.1004", longitude 
73 deg.0955.9"; thence northeasterly to point ``F'' latitude 
41 deg.1005", longitude 73 deg.0954.5"; thence northerly to point 
``G'' latitude 41 deg.1005.8", longitude 73 deg.0954.5"; thence 
northeasterly to the point of beginning.
    (b) The regulations. The anchorage is for use by commercial and 
pleasure craft. Temporary floats or buoys for marking anchors or 
moorings will be allowed. The anchoring of vessels and placing of 
temporary anchors or mooring piles are under the jurisdiction of the 
local harbor master. Fixed mooring piles or stakes will not be allowed.



Sec.  110.149  Narragansett Bay, RI.

    (a) Brenton Point anchorage ground. An area bounded by the following 
coordinates: 41 deg.2237.1" N, 71 deg.1440.3" W; thence to 
41 deg.2042.8" N, 71 deg.1440.3" W; thence to 41 deg.1824.1" N, 
71 deg.2032.5" W; thence to 41 deg.2022.6" N, 71 deg.2032.5" W; 
thence back to point of origin.
    (b) The following regulations apply in the Brenton Point anchorage 
ground.
    (1) Prior to anchoring within the anchorage area, all vessels shall 
notify the Coast Guard Captain of the Port via VHF-FM Channel 16.
    (2) Except as otherwise provided, no vessel may occupy this 
anchorage ground for a period of time in excess of 96 hours without 
prior approval of the Captain of the Port.
    (3) If a request is made for the long-term lay up of a vessel, the 
Captain of

[[Page 495]]

the Port may establish special conditions with which the vessel must 
comply in order for such a request to be approved.
    (4) No vessel in such condition that it is likely to sink or 
otherwise become a menace or obstruction to navigation or anchorage of 
other vessels shall occupy an anchorage except in cases where unforeseen 
circumstances create conditions of imminent peril to personnel and then 
only for such period as may be authorized by the Captain of the Port.
    (5) Anchors shall be placed well within the anchorage areas so that 
no portion of the hull or rigging will at any time extend outside of the 
anchorage area.
    (6) The Coast Guard Captain of the Port may close the anchorage area 
and direct vessels to depart the anchorage during periods of adverse 
weather or at other times as deemed necessary in the interest of port 
safety and security.
    (7) Any vessel anchored in these grounds must be capable of getting 
underway if ordered by the Captain of the Port and must be able to do so 
within two hours of notification by the Captain of the Port. If a vessel 
will not be able to get underway within two hours of notification, 
permission must be requested from the Captain of the Port to remain in 
the anchorage. No vessel shall anchor in a ``dead ship'' status 
(propulsion or control unavailable for normal operations) without prior 
approval of the Captain of the Port.
    (8) Brenton Point anchorage ground is a general anchorage area 
reserved primarily for commercial vessels waiting to enter Narragansett 
Bay.
    (9) Temporary floats or buoys for marking anchors or moorings in 
place will be allowed in this area. Fixed mooring piles or stakes will 
not be allowed.
    (10) All coordinates referenced use datum: NAD 83.

[USCG-2009-1131, 77 FR 43517, July 25, 2012]



Sec.  110.150  Block Island Sound, N.Y.

    (a) The anchorage ground. A \3/4\- by 2-mile rectangular area 
approximately 3 miles east-northeast of Gardiners Island with the 
following coordinates: latitude 41 deg.0612" N., longitude 
72 deg.0005" W., latitude 41 deg.0740" N., longitude 72 deg.0154" W.; 
latitude 41 deg.0812" N., longitude 72 deg.0110" W.; latitude 
41 deg.0646" N., longitude 71 deg.5918" W.
    (b) The regulations. This anchorage ground is for use of U.S. Navy 
submarines. No vessel or person may approach or remain within 500 yards 
of a U.S. Navy submarine anchored in this anchorage ground.

[CGFR 70-114A, 36 FR 5604, Mar. 25, 1971]



Sec.  110.155  Port of New York.

    (a) Long Island Sound--(1) Anchorage No. 1. Southwest of a line 
between Neptune Island and Glen Island ranging from Aunt Phebe Rock 
Light and tangent to the north edge of Glen Island; southwest of a line 
tangent to the northeast edge of Glen Island and Goose Island 
breakwater; southwest of a line bearing southeasterly from the southwest 
end of Goose Island breakwater and on range with the south gable of the 
Casino on the northeast end of Glen Island; west of a line ranging from 
the east edge of Goose Island breakwater to the west edge of the north 
end of Hart Island; west of Hart Island; and northwest of a line 
extending from Hart Island Light to Locust Point; excluding from this 
area, however, (i) the waters northeast of a line ranging 303 deg. from 
the southwest end of Hart Island; northwest of a line ranging from the 
water tank at the north end of Davids Island 207 deg.40 to the 
northwest end of City Island; and south of latitude 40 deg.5212"; and 
(ii) the waters west of Hunter Island; and south of a line ranging from 
the most southerly end of Glen Island tangent to the most northerly end 
of Hunter Island.
    (i) Boats shall not anchor in this area in buoyed channels.
    (ii) Boats shall be so anchored as to leave at all times an open, 
usable channel, at least 50 feet wide, west and south of Glen Island.

    Note: Special anchorage areas in this anchorage are described in 
Sec.  110.60.

    (2) [Reserved]
    (b) East River--(1) Anchorage No. 6. On Hammond Flats north of a 
line bearing 260 deg. from the head of the pier on Throgs Neck at the 
foot of Pennyfield Avenue to the north tower of Bronx-Whitestone Bridge 
at Old Ferry Point.
    (2) [Reserved]

[[Page 496]]

    (3) Anchorage No. 8. North of a line bearing 259 deg. between the 
north tower of the Bronx-Whitestone Bridge at Old Ferry Point and a 
point at latitude 40 deg.4757", longitude 73 deg.5216"; thence east of 
a line bearing 0 deg. to latitude 40 deg.4806"; thence southeast of a 
line parallel to the bulkhead extending northeasterly to latitude 
40 deg.4820"; thence north of a line bearing 296 deg. to shore.
    (4) Anchorage No. 9. East of a line from College Point Reef Light 
tangent to the west side of College Point; and south of a line from 
College Point Reef Light to Whitestone Point.
    (5) Anchorage No. 10. An area in Flushing Bay, beginning at a point 
on shore at La Guardia Airport at latitude 40 deg.4649", longitude 
73 deg.5221"; thence to latitude 40 deg.4720", longitude 
73 deg.5155"; and thence to a point on shore at College Point at 
latitude 40 deg.4738", longitude 73 deg.5115"; and an area on the west 
side of Bowery Bay, beginning at a point on shore at latitude 
40 deg.4658", longitude 73 deg.5346"; thence to latitude 
40 deg.4703", longitude 73 deg.5339"; thence to latitude 
40 deg.4700", longitude 73 deg.5331"; thence to latitude 
40 deg.4655", longitude 73 deg.5332"; and thence to a point on shore 
at latitude 40 deg.4649", longitude 73 deg.5339".

    Note: Special anchorage areas in this anchorage are described in 
Sec.  110.60.

    (6) Anchorage No. 11. An area in East River beginning at a point on 
a pierhead at latitude 40 deg.4755", longitude 73 deg.5319.5"; thence 
to latitude 40 deg.4740", longitude 73 deg.5158"; and thence to a 
point on shore at latitude 40 deg.4716", longitude 73 deg.5215".
    (7) [Reserved]
    (8) Anchorage No. 14. In Hallets Cove, east of a line from a point 
on shore 100 feet west of the southerly prolongation of 2d Street, 
Astoria, to Gibbs Point.
    (c) Hudson River--(1) Anchorage No. 16. North of a line on a range 
with the north side of the north pier of the Union Dry Dock and Repair 
Company Shipyard, Edgewater, New Jersey; west of a line ranging 25 deg. 
from a point 120 yards east of the east end of said pier to a point (500 
yards from the shore and 915 yards from the Fort Lee flagpole) on a line 
ranging approximately 100 deg.22 from the Fort Lee flagpole toward the 
square chimney on the Medical Center Building at 168th Street, 
Manhattan; and south of said line ranging between the Fort Lee flagpole 
and the square chimney on the Medical Center Building.
    (i) When the use of Anchorage No. 16 is required by naval vessels, 
the vessels anchored therein shall move when the Captain of the Port 
directs them.
    (ii) [Reserved]
    (2) Anchorage No. 17. All waters of the Hudson River bound by the 
following points: 40 deg.5626.66" N, 073 deg.5512.06" W; thence to 
40 deg.5622.54" N, 073 deg.5449.77" W; thence to 40 deg.5556.00" N, 
073 deg.5458.00" W; thence to 40 deg.5554.15" N, 073 deg.5446.96" W; 
thence to 40 deg.5418.43" N, 073 deg.5521.12" W; thence to 
40 deg.5227.59" N, 073 deg.5614.32" W; thence to 40 deg.5134.20" N, 
073 deg.5652.64" W; thence to 40 deg.5120.76" N, 073 deg.5731.75" W; 
thence along the shoreline to the point of origin (NAD 83).
    (i) When the use of Anchorage No. 17 is required by naval vessels, 
the vessels anchored therein shall move when the Captain of the Port 
directs them.
    (ii) [Reserved]
    (3) Anchorage No. 18-A. East of lines bearing 8 deg. from the 
northwest corner of the crib icebreaker north of the New York Central 
Railroad Company drawbridge across Spuyten Duyvil Creek (Harlem River) 
to a point 250 yards offshore and on line with the New York Central 
Railroad signal bridge at the foot of West 231st Street, extended, at 
Spuyten Duyvil, Bronx, New York; thence bearing 19 deg. to the 
channelward face of the Mount St. Vincent Dock at the foot of West 261st 
Street, Riverdale, Bronx, New York.
    (i) When the use of Anchorage No. 18-A is required by naval vessels 
the vessels anchored therein shall move when the Captain of the Port 
directs them.
    (4) Anchorage No. 18. All waters of the Hudson River bound by the 
following points: 40 deg.5654.0" N, 073 deg.5440.0" W; thence to 
40 deg.5651.0" N, 073 deg.5424.0" W; thence to 40 deg.5553.0" N, 
073 deg.5440.0" W; thence to 40 deg.5556.0" N, 073 deg.5458.0" W; 
thence to the point of origin (NAD 83).
    (i) This anchorage ground is reserved for use by ships only.
    (ii) [Reserved]
    (5) Anchorages No. 19 East and 19 West--(i) Anchorage No. 19 East. 
All waters of the Hudson River bound by the following points: 
40 deg.4942.6" N, 073 deg.5714.7" W; thence to 40 deg.4945.9" N,

[[Page 497]]

073 deg.5722.0" W; thence to 40 deg.4952.0" N, 073 deg.5722.0" W; 
thence to 40 deg.5008.3" N, 073 deg.5710.8" W; thence to 
40 deg.5055.4" N, 073 deg.5659.7" W; thence to 40 deg.5102.5" N, 
073 deg.5657.4" W; thence to 40 deg.5100.8" N, 073 deg.5649.4" W; 
thence along the shoreline to the point of origin.
    (ii) Anchorage No. 19 West. All waters of the Hudson River bound by 
the following points: 40 deg.4656.3" N, 073 deg.5942.2" W; thence to 
40 deg.4736.9" N, 073 deg.5911.7" W; thence to 40 deg.4931.3" N, 
073 deg.5743.8" W; thence to 40 deg.4940.2" N, 073 deg.5737.6" W; 
thence to 40 deg.4952.4" N, 073 deg.5737.6" W; thence to 
40 deg.4957.7" N, 073 deg.5747.3" W; thence to 40 deg.4932.2" N, 
073 deg.5812.9" W; thence to 40 deg.4900.7" N, 073 deg.5833.1" W; 
thence to 40 deg.4828.7" N, 073 deg.5853.8" W; thence to 
40 deg.4738.2" N, 073 deg.5931.2" W; thence to 40 deg.4702.7" N, 
073 deg.5957.4" W; thence to the point of origin.
    (iii) The following regulations apply to 33 CFR 110.155(c)(5)(i) and 
(ii):
    (A) No vessel may conduct lightering operations in these anchorage 
grounds without permission from the Captain of the Port. When lightering 
is authorized, the Captain of the Port New York must be notified at 
least four hours in advance of a vessel conducting lightering operations 
as required by 156.118 of this title.
    (B) Any vessel conducting lightering or bunkering operations shall 
display by day a red flag (46 CFR 35.30-1; Pub 102; International Code 
of Signals signaling instructions) at its mast head or at least 10 feet 
above the upper deck if the vessel has no mast, and by night the flag 
must be illuminated by spotlight. These signals shall be in addition to 
day signals, lights and whistle signals as required by rules 30 (33 
U.S.C 2030 and 33 CFR 83.30) and 35 (33 USC 2035 and 33 CFR 83.35) of 
the Inland Navigation Rules when at anchor in a general anchorage area.
    (C) Within an anchorage, fishing and navigation are prohibited 
within 500 yards of an anchored vessel displaying a red flag.
    (D) These anchorage grounds are only authorized for use by tugs and/
or barges.
    (E) No vessel may occupy this anchorage ground for a period of time 
in excess of 96 hours without prior approval of the Captain of the Port.
    (F) No vessel may anchor in Anchorage No. 19 East or No. 19 West 
without permission from the Captain of the Port.
    (G) Each vessel shall report its position within Anchorage No. 19 
East or No. 19 West to the Captain of the Port immediately after 
anchoring.
    (H) All coordinates referenced use datum: NAD 83.
    (6) Anchorage No. 19-A. An area located west of Hyde Park enclosed 
by the coordinates starting at 41 deg.4835" N 073 deg.5700" W; to 
41 deg.4835" N 073 deg.5644" W; to 41 deg.4732" N 073 deg.5650" W; 
to 41 deg.4732" N 073 deg.5710" W; thence back to 41 deg.4835" N 
073 deg.5700" W (NAD 1983).
    (i) No vessel may anchor in Anchorage 19-A from December 16 to the 
last day of February without permission from the Captain of the Port, 
New York.
    (ii) No vessel less than 20 meters in length may anchor in Anchorage 
19-A without prior approval of the Captain of the Port, New York.
    (d) Upper Bay--(1) Anchorage No. 20-A. That area enclosed by 
coordinates starting at 40 deg.4202.5" N., 74 deg.0225.5" W.; to 
40 deg.4206.5" N., 74 deg.0219.5" W.; to 40 deg.4205.0" N., 
74 deg.0158.4" W.; to 40 deg.4154.5" N., 74 deg.0159.2" W.; thence to 
40 deg.4153.0" N., 74 deg.0223.0" W.
    (i) See 33 CFR 110.155 (d)(6), (d)(16), and (l).
    (2) Anchorage No. 20-B. That area enclosed by coordinates starting 
at 40 deg.4147.0" N., 74 deg.0231.5" W.; to 40 deg.4142.0" N., 
74 deg.0102.0" W.; to 40 deg.4135.3" N., 74 deg.0204.2" W., to 
40 deg.4129.9" N., 74 deg.0207.8" W.; to 40 deg.4142.6" N., 
74 deg.0232.7" W.; thence back to 40 deg.4147.0" N., 74 deg.0231.5" 
W.
    (i) See 33 CFR 110.155 (d)(6), (d)(16), and (l).
    (3) Anchorage No. 20-C. That area enclosed by coordinates starting 
at 40 deg.4142.0" N., 74 deg.0243.0" W.; to 40 deg.4125.4" N., 
74 deg.0210.7" W.; to 40 deg.4101.7" N., 74 deg.0226.2" W.; to 
40 deg.4109.0" N., 74 deg.0241.5" W.; to 40 deg.4120.0" N., 
74 deg.0259.2" W.; thence back to 40 deg.4142.0" N., 74 deg.0243.0" 
W.
    (i) See 33 CFR 110.155 (d)(6), (d)(16), and (l).
    (4) Anchorage No. 20-D. That area enclosed by coordinates starting 
at 40 deg.4109.5" N., 74 deg.0249.5" W.; to 40 deg.4059.2" N., 
74 deg.0227.9" W.; to 40 deg.4044.5" N.,

[[Page 498]]

74 deg.0237.5" W.; to 40 deg.4042.7" N., 74 deg.0307.6" W.; thence 
back to 40 deg.4109.5" N., 74 deg.0249.5" W.
    (i) See 33 CFR 110.155 (d)(6), (d)(16), and (l).
    (5) Anchorage No. 20-E. That area enclosed by coordinates starting 
at 40 deg.4038.2" N., 74 deg.0259.6" W.; to 40 deg.4039.4" N., 
74 deg.0240.9" W.; to 40 deg.4009.2" N., 74 deg.0300.7" W.; to 
40 deg.4024.4" N., 74 deg.0324.6" W.; thence back to 40 deg.4038.2" 
N., 74 deg.0259.6" W.
    (i) See 33 CFR 110.155 (d)(6), (d)(16), and (l).
    (6) No vessel may occupy this anchorage for a period of time in 
excess of 72 hours without the prior approval of the Captain of the 
Port.
    (7) Anchorage No. 20-F. All waters bound by the following points: 
40 deg.4012.2" N, 074 deg.0339.9" W; thence to 40 deg.3953.9" N, 
074 deg.0309.6" W; thence to 40 deg.3938.9" N, 074 deg.0319.5" W; 
thence to 40 deg.3953.5" N, 074 deg.0353.7" W; thence to the point of 
origin (NAD 83).
    (i) See 33 CFR 110.155 (d)(9), (d)(16), and (l).
    (ii) [Reserved]
    (8) Anchorage No. 20-G. That area enclosed by coordinates starting 
at 40 deg.3930.1" N., 74 deg.0408.0" W.; to 40 deg.3932.0" N., 
74 deg.0353.5" W.; to 40 deg.3927.5" N., 74 deg.0342.5" W.; to 
40 deg.3913.0" N., 74 deg.0351.0" W.; to 40 deg.3909.5" N., 
74 deg.0423.1" W.; thence back to 40 deg.3930.1" N., 74 deg.0408.0" 
W.
    (i) See 33 CFR 110.155 (d)(9), (d)(16), and (l).
    (9) This anchorage is designated a naval anchorage. The Captain of 
the Port may permit commercial vessels to anchor temporarily in this 
anchorage, ordinarily not more than 24 hours, when the anchorage will 
not be needed for naval vessels. Upon notification of an anticipated 
naval arrival, any commercial vessel so anchored must relocate at its 
own expense.
    (10) Anchorage No. 21-A. That area enclosed by coordinates starting 
at 40 deg.4022.5" N., 74 deg.0135.2" W.; to 40 deg.4020.5" N., 
74 deg.0127.7" W.; to 40 deg.3948.9" N., 74 deg.0122.4" W.; to 
40 deg.3854.7" N., 74 deg.0218.9" W.; to 40 deg.3903.0" N., 
74 deg.0226.3" W.; thence back to 40 deg.4022.5" N., 74 deg.0135.2" 
W.
    (i) See 33 CFR 110.155 (d)(16) and (l).
    (ii) No vessel may occupy this anchorage for a period of time in 
excess of 96 hours without prior approval of the Captain of the Port.
    (11) Anchorage No. 21-B. That area enclosed by coordinates starting 
at 40 deg.4023.8" N., 74 deg.0210.9" W.; to 40 deg.4026.2" N., 
74 deg.0149.5" W.; to 40 deg.4022.5" N., 74 deg.0135.2" W.; to 
40 deg.3903.0" N., 74 deg.0226.3" W.; to 40 deg.3854.7" N., 
74 deg.0218.9" W.; to 40 deg.3843.7" N., 74 deg.0230.3" W.; to 
40 deg.3919.3" N., 74 deg.0303.3" W.; to 40 deg.3922.3" N., 
74 deg.0302.4" W.; to 40 deg.4018.6" N., 74 deg.0225.5" W.; thence 
back to 40 deg.4023.8" N., 74 deg.0210.9" W.
    (i) See 33 CFR 110.155 (d)(16) and (l).
    (ii) No vessel with a draft of 10 feet (3.048 meters) or less may 
occupy this anchorage without the prior approval of the Captain of the 
Port.
    (iii) No vessel may occupy this anchorage for a period of time in 
excess of 96 hours without prior approval of the Captain of the Port.
    (12) Anchorage No. 21-C. That area enclosed by coordinates starting 
at 40 deg.3919.3" N., 74 deg.0303.3" W.; to 40 deg.3843.7" N., 
74 deg.0230.3" W.; to 40 deg.3841.6" N., 74 deg.0232.5" W.; to 
40 deg.3803.0" N., 74 deg.0248.7" W.; to 40 deg.3803.0" N., 
74 deg.0303.5" W.; to 40 deg.3838.4" N., 74 deg.0315.5" W.; thence 
back to 40 deg.3919.3" N., 74 deg.0303.3" W.
    (i) See 33 CFR 110.155 (d)(16) and (l).
    (ii) No vessel with a draft of 33 feet (10.0584 meters) or less may 
occupy this anchorage without the prior approval of the Captain of the 
Port.
    (iii) No vessel may occupy this anchorage for a period of time in 
excess of 96 hours without prior approval of the Captain of the Port.
    (13) Anchorage No. 23-A. That area enclosed by coordinates starting 
at 40 deg.3836.5" N., 74 deg.0413.5" W.; to 40 deg.3837.0" N., 
74 deg.0349.0" W.; to 40 deg.3823.4" N., 74 deg.0337.2" W.; to 
40 deg.3749.5" N., 74 deg.0325.7" W.; to 40 deg.3749.8" N., 
74 deg.0350.1" W.; to 40 deg.3750.0" N., 74 deg.0350.2" W.; to 
40 deg.3753.0" N., 74 deg.0407.0" W.; thence back to 40 deg.3836.5" 
N., 74 deg.0413.5 W.
    (i) See 33 CFR 110.155 (d)(16) and (l).
    (ii) No vessel may occupy this anchorage for a period of time in 
excess of 48 hours without the prior approval of the Captain of the 
Port.
    (iii) No vessel with a length overall in excess of 670 feet (204.216 
meters) may occupy this anchorage without the prior approval of the 
Captain of the Port.

[[Page 499]]

    (iv) No vessel with a draft of 40 feet (12.192 meters) or more may 
occupy this anchorage without the prior approval of the Captain of the 
Port unless it anchors within 5 hours after ebb current begins at the 
Narrows.
    (v) See 33 CFR 334.85 for information on anchoring near the U.S. 
Navy restricted area adjacent to this anchorage.
    (14) Anchorage No. 23-B. That area enclosed by coordinates starting 
at 40 deg.3749.8" N., 74 deg.0350.1" W.; to 40 deg.3749.5" N., 
74 deg.0325.7" W.; to 40 deg.3727.0" N., 74 deg.0318.1" W.; to 
40 deg.3723.0" N., 74 deg.0359.0" W.; to 40 deg.3730.0" N., 
74 deg.0404.0" W.; to 40 deg.3737.5" N., 74 deg.0346.0" W.; thence 
back to 40 deg.3749.8" N., 74 deg.0350.1" W.
    (i) See 33 CFR 110.155(d)(13) (ii) and (iv), (d)(16), and (l).
    (ii) No vessel with a length overall of 670 feet (204.216 meters) or 
less may occupy this anchorage without the prior approval of the Captain 
of the Port.
    (iii) See 33 CFR 334.85 for information on anchoring near the U.S. 
Navy restricted area adjacent to this anchorage.
    (15) Anchorage No. 24. That area enclosed by coordinates starting at 
40 deg.3723.0" N., 74 deg.0359.0" W.; to 40 deg.3727.0" N., 
74 deg.0318.1" W.; to 40 deg.3640.1" N., 74 deg.0302.2" W.; to 
40 deg.3625.5" N., 74 deg.0256.4" W.; to 40 deg.3621.0" N., 
74 deg.0311.0" W.; to 40 deg.3625.0" N., 74 deg.0317.5" W.; thence 
back to 40 deg.3723.0" N., 74 deg.0359.0" W.
    (i) See 33 CFR 110.155(d)(13) (ii) and (iv), (d)(16), and (l).
    (ii) No vessel with a length overall of less than 800 feet (243.84 
meters), or with a draft of less than 40 feet (12.192 meters) may occupy 
this anchorage without the prior approval of the Captain of the Port.
    (16) Any vessel anchored in or intending to anchor in Federal 
Anchorage 20-A through 20-G, 21-A through 21-C, 23-A and 23-B, 24 or 25 
must comply with the following requirements:
    (i) No vessel may anchor unless it notifies the Captain of the Port 
when it anchors, of the vessel's name, length, draft, and its position 
in the anchorage.
    (ii) Each vessel anchored must notify the Captain of the Port when 
it weighs anchor.
    (iii) No vessel may conduct lightering operations unless it notifies 
the Captain of the Port before it begins lightering operations.
    (iv) Each vessel lightering must notify the Captain of the Port at 
the termination of lightering.
    (v) No vessel may anchor unless it maintains a bridge watch, guards 
and answers Channel 16 FM, and maintains an accurate position plot.
    (vi) If any vessel is so close to another that a collision is 
probable, each vessel must communicate with the other vessel and the 
Captain of the Port on Channel 16 FM and shall act to eliminate the 
close proximity situation.
    (vii) No vessel may anchor unless it maintains the capability to get 
underway within 30 minutes except with prior approval of the Captain of 
the Port.
    (viii) No vessel may anchor in a ``dead ship'' status (propulsion or 
control unavailable for normal operations) without the prior approval of 
the Captain of the Port.
    (ix) Each vessel in a ``dead ship'' status must engage an adequate 
number of tugs alongside during tide changes. A tug alongside may assume 
the Channel 16 FM radio guard for the vessel after it notifies the 
Captain of the Port.
    (x) No vessel may lighter in a ``dead ship'' status without prior 
approval from the Captain of the Port.
    (e) Lower Bay--(1) Anchorage No. 25. That area enclosed by 
coordinates starting at 40 deg.3558.2" N., 74 deg.0218.4" W.; to 
40 deg.3612.0" N., 74 deg.0129.0" W.; to 40 deg.3603.0" N., 
74 deg.0052.5" W., to 40 deg.3457.5" N., 74 deg.0025.0" W.; to 
40 deg.3440.0" N., 74 deg.0103.0" W.; to 40 deg.3453.0" N., 
74 deg.0156.1" W.; to 40 deg.3523.9" N., 74 deg.0204.8" W.; thence 
back to 40 deg.3558.2" N., 74 deg.0218.4" W.
    (i) See 33 CFR 110.155(d)(16) and (l).
    (ii) When the use of this anchorage is required by naval vessels, 
any commercial vessels anchored therein must move when directed by the 
Captain of the Port.
    (iii) No vessel may occupy this anchorage for a period of time in 
excess of 96 hours without prior approval of the Captain of the Port.
    (f) Lower Bay, Raritan Bay, Sandy Hook Bay, and Atlantic Ocean. (1) 
Anchorage No. 26. In Raritan and Sandy

[[Page 500]]

Hook Bays all waters bound by the following points: 40 deg.3006.74" N., 
074 deg.1004.96" W.; thence to 40 deg.2859.44" N., 074 deg.0500.00" 
W.; thence to 40 deg.2844.94" N., 074 deg.0500.00" W.; thence to 
40 deg.2905.02" N., 074 deg.0730.56" W.; thence to 40 deg.2917.49" 
N., 074 deg.1016.50" W.; thence to the point of origin (NAD 83).
    (2) Anchorage No. 27. In the Atlantic Ocean all waters bound by the 
following points: 40 deg.2849.27" N., 074 deg.0012.13" W.; thence to 
40 deg.2852.12" N., 074 deg.0000.56" W.; thence to 40 deg.2840.88" 
N., 073 deg.5851.95" W.; thence to 40 deg.2557.91" N., 
073 deg.5455.56" W.; thence to 40 deg.2345.55" N., 073 deg.5454.89" 
W.; thence to 40 deg.2345.38" N., 073 deg.5832.10" W.; thence along 
the shoreline to the point of origin (NAD 83).
    (3) Anchorage No. 28. In Lower Bay all waters bound by the following 
points: 40 deg.3002.30" N., 074 deg.0852.69" W.; thence to 
40 deg.2910.10" N., 074 deg.0459.65" W.; thence to 40 deg.2909.99" 
N., 074 deg.0257.75" W.; thence to 40 deg.3152.89" N., 
074 deg.0239.89" W.; thence to 40 deg.3159.72" N., 074 deg.0325.13" 
W.; thence to 40 deg.3128.57" N., 074 deg.0340.70" W.; thence to 
40 deg.3026.24" N., 074 deg.0511.46" W.; thence to 40 deg.3019.01" 
N., 074 deg.0621.37" W.; thence to 40 deg.3021.53" N., 
074 deg.0846.19" W.; thence to the point of origin (NAD 83).
    (g)-(h) [Reserved]
    (i) Arthur Kill--(1) Anchorage No. 41. The passage between Pralls 
Island and Staten Island included between a line running 29 deg. from 
the extreme northwest point of Pralls Island to a point on Staten Island 
and a line from the southern point of Pralls Island to the north side of 
the mouth of Neck Creek at Travis, Staten Island.
    (2) Anchorage No. 42. East of lines ranging from the head of the 
Tottenville Shipyard Company pier at Tottenville, Staten Island, to the 
first pier of the Outerbridge Crossing west from the Staten Island 
shore, thence to Arthur Kill Light 10, thence to Arthur Kill Light 14, 
and thence to Arthur Kill Lighted Buoy 16; and south of a line from 
thence to Smoking Point.
    (j) Raritan Bay--(1) Anchorage No. 44. An area in Raritan Bay 
located at the junction of Arthur Kill and Raritan River, beginning at a 
point at latitude 40 deg.3007", longitude 74 deg.1530"; thence to 
latitude 40 deg.3001", longitude 74 deg.1530"; thence to latitude 
40 deg.2927", longitude 74 deg.1506"; thence to latitude 
40 deg.2924", longitude 74 deg.1501"; thence to latitude 
40 deg.2915", longitude 74 deg.1455"; thence to latitude 
40 deg.2914", longitude 74 deg.1525"; thence to latitude 
40 deg.2948", longitude 74 deg.1548"; and thence to the point of 
beginning.
    (i) The anchorage is restricted to deep-draft vessels except that 
barges may moor in that portion of the anchorage southerly of latitude 
40 deg.2922".
    (ii) No vessel shall occupy the deep-draft portion of the anchorage 
for a longer period than 48 hours without a permit from the Captain of 
the Port.
    (2) Anchorage No. 45. West of the Raritan Bay Channel leading into 
Arthur Kill; north of the Raritan River Channel leading into Raritan 
River; and east of the Cutoff Channel between Raritan River and Arthur 
Kill, except that part of the said area occupied by Anchorage No. 44.
    (i) Vessels must not anchor in the channel to Keyport Harbor west of 
lines ranging from Keyport Channel Buoy 1 to Keyport Channel Buoy 9, 
thence through Keyport Channel Buoys 11 and 13 to the northeast corner 
of the easterly steamboat wharf; and east of a line extending from a 
point 400 yards west of Keyport Channel Buoy 1 tangent to the west shore 
at the mouth of Matawan Creek.
    (ii) [Reserved]
    (k) [Reserved]
    (l) General regulations. (1) No vessel in excess of 800 feet (243.84 
meters) in length overall or 40 feet (12.192 meters) in draft may anchor 
unless it notifies the Captain of the Port at least 48 hours prior to 
entering Ambrose Channel.
    (2) Except in cases of great emergency, no vessel shall be anchored 
in the navigable waters of the Port of New York outside of the anchorage 
areas established in this section, nor cast anchor within a cable or 
pipe line area shown on a Government chart, nor be moored, anchored, or 
tied up to any pier, wharf, or vessel in such manner as to obstruct or 
endanger the passage of any vessel in transit by, or to or from, 
adjacent wharves, piers, or slips.
    (3) No vessel shall occupy for a longer period than 30 days, unless 
a permit is obtained from the Captain of the Port for that purpose, any 
anchorage for which the time of occupancy is not otherwise prescribed in 
this section. No

[[Page 501]]

vessel in a condition such that it is likely to sink or otherwise become 
a menace or obstruction to navigation or anchorage of other vessels 
shall occupy an anchorage except in an emergency, and then only for such 
period as may be permitted by the Captain of the Port.
    (4) Whenever, in the opinion of the Captain of the Port, such action 
may be necessary, that officer may require any or all vessels in any 
designated anchorage area to moor with two or more anchors.
    (5) Every vessel whose crew may be reduced to such number that it 
will not have sufficient men on board to weigh anchor at any time shall 
be anchored with two anchors, with mooring swivel put on before the crew 
shall be reduced or released, unless the Captain of the Port shall waive 
the requirement of a mooring swivel.
    (6) Anchors of all vessels must be placed well within the anchorage 
areas, so that no portion of the hull or rigging shall at any time 
extend outside the boundaries of the anchorage area.
    (7) Any vessel anchoring under circumstances of great emergency 
outside of the anchorage areas must be placed near the edge of the 
channel and in such position as not to interfere with the free 
navigation of the channel nor obstruct the approach to any pier nor 
impede the movement of any boat, and shall move away immediately after 
the emergency ceases, or upon notification by the Captain of the Port.
    (8) Operations near commercial mooring buoys permitted by the 
District Engineer, U.S. Army Corps of Engineers.
    (i) No vessel shall continuously occupy a mooring when a vessel in 
regular traffic requires the berth or when navigation would be menaced 
or inconvenienced thereby.
    (ii) No vessel shall moor or anchor in any anchorage in such a 
manner as to interfere with the use of a duly authorized mooring buoy. 
Nor shall any vessel moored to a buoy authorized by the District 
Engineer, U.S. Army Corps of Engineers be moored such that any portion 
of that vessel comes within 50 feet of a marked or dredged channel.
    (iii) No vessel shall be operated within the limits of an anchorage 
at speed exceeding 6 knots when in the vicinity of a moored vessel.
    (iv) In an emergency the Captain of the Port may shift the position 
of any unattended vessel moored in or near any anchorage.
    (9) Barge dispensing stations and stake boats may be anchored in 
such places as the Captain of the Port may designate.
    (10) Upon approval of the District Engineer, Corps of Engineers, the 
Captain of the Port may permit wrecking plant or other vessels legally 
engaged in recovering sunken property, or in laying or repairing pipe 
lines or cables legally established, or plant engaged in dredging 
operations, to anchor within channels of the Port of New York. Permit 
issued by the Captain of the Port is not necessary for plant engaged 
upon works of river and harbor improvement under the supervision of the 
District Engineer, but the District Engineer will notify the Captain of 
the Port in advance of all such proposed work.
    (11) Whenever the maritime or commercial interests of the United 
States so require, the Captain of the Port is hereby empowered to shift 
the position of any vessel anchored within the anchorage areas, of any 
vessel anchored outside the anchorage areas, of any vessel which is so 
moored or anchored as to impede or obstruct vessel movements in any 
channel or obstruct or interfere with range lights and of any vessel 
which, lying at the exterior end of a pier or alongside an open 
bulkhead, obstructs or endangers the passage of vessels in transit by, 
or to or from, adjacent wharf property or impedes the movements of 
vessels entering or leaving adjacent slips.
    (12) A vessel upon being notified to move into the anchorage limits 
or to shift its position on anchorage grounds, shall get under way at 
once or signal for a tug, and shall change position as directed, with 
reasonable promptness.
    (13) Nothing in this section shall be construed as relieving any 
vessel or the owner or person in charge of any vessel from the penalties 
of law for obstructing navigation or for obstructing or interfering with 
range lights, or for not complying with the navigation laws in

[[Page 502]]

regard to lights, fog signals, or for otherwise violating law.
    (14) Any vessel prohibited by these rules from anchoring in a 
specific anchorage because of the vessel's length or draft may anchor in 
the anchorage with permission from the Captain of the Port.
    (m) Anchorages for vessels carrying explosives. (1) [Reserved]
    (2) Anchorage No. 49-F (emergency naval anchorage). That portion of 
Sandy Hook Bay bounded by a line bearing 170 deg., 3,800 yards, from a 
point bearing 281 deg.30, 2,050 yards from Sandy Hook Light; thence 
260 deg., 500 yards; thence 350 deg., 3,800 yards; thence 080 deg., 500 
yards, to the point of beginning.
    (i) This anchorage is to be used for the anchorage of naval vessels 
during emergencies only.
    (ii) No pleasure or commercial craft shall navigate or moor within 
this area at any time when naval vessels which are moored in the area 
display a red flag by day or a red light by night.
    (3) Anchorage No. 49-G (naval anchorage). That portion of Sandy Hook 
Bay bounded by a line bearing 208 deg., 1,350 yards, from a point 
bearing 292 deg.30, 3,600 yards, from Sandy Hook Light; thence 
298 deg., 620 yards; thence 002 deg., 1,250 yards; thence 107 deg., 
1,150 yards, to the point of beginning.
    (i) No pleasure or commercial craft shall navigate or moor within 
this area at any time when vessels which are moored in the area display 
a red flag by day or a red light by night.
    (n) Regulations for explosive anchorages. (1) Anchorages Nos. 49-F 
and 49-G are reserved for vessels carrying explosives. All vessels 
carrying explosives shall be within these areas when anchored, except as 
provided in paragraph (n)(6) of this section.
    (2) A written permit shall be obtained from the Captain of the Port 
before vessels carrying explosives, or on which explosives are to be 
loaded, may proceed to the anchorages provided for them; and no vessel 
shall occupy a berth in such anchorage except by authority of such 
permit, which permit may be revoked at any time.
    (3) Vessels used in connection with loading or unloading explosives 
on vessels in anchorage areas, including tugs and stevedore boats, shall 
carry a written permit from the Captain of the Port. The Captain of the 
Port may, in his discretion, require every person having business on 
board vessels which are being loaded with explosives, other than members 
of the crew, to have a pass from the Captain of the Port in such form as 
he shall prescribe. Such permit or pass shall be shown whenever required 
by him or by his authorized agents.
    (4) Whenever any vessel not fitted with mechanical power anchors in 
the explosives anchorages while carrying explosives, the Captain of the 
Port may require the attendance of a tug upon such vessel when in his 
judgment such action is necessary.
    (5) Vessels carrying explosives shall comply with the general 
regulations in paragraph (l) of this section when applicable.
    (6) The District Engineer, Corps of Engineers, may authorize, in 
writing, a vessel carrying explosives for use on river and harbor works 
or on other work under Federal permit issued by the District Engineer to 
anchor in or near the vicinity of such work without a permit from the 
Captain of the Port. The District Engineer will prescribe the quantities 
of such explosives allowed on such vessel and the conditions under which 
they are to be stored and handled, and will furnish the Captain of the 
Port with a copy of such safety instructions together with a copy of his 
written authorization.
    (7) Every vessel loading, unloading, transporting, or containing 
explosives shall display by day a red flag at least 16 square feet in 
area at its masthead, or at least 10 feet above the upper deck if the 
vessel has no mast, and shall display by night a red light in the same 
position specified for the flag.
    (8) When local regulations of any place require previous local 
authority for the transfer of explosives or fireworks between vessels or 
between a vessel and a wharf or other place ashore, the Captain of the 
Port will permit the removal from the anchorage of such vessel 
containing explosives to any place covered by such local regulations 
only when he is satisfied that the required local authority has been 
granted.


[[Page 503]]


    Note: The anchorage in this section are regulated under Title I, 
Ports and Waterways Safety Act of 1972 as stated in Sec.  110.1a(a) of 
this part. The penalties for violating regulations under this Act are 
stated in Sec.  110.1a(b) of this part.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967]

    Editorial Note: For Federal Register citations affecting Sec.  
110.155, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec.  110.156  Randall Bay, Freeport, Long Island, N.Y.

    (a) The anchorage grounds. Southward of a line 312 feet south of and 
parallel to the south side of Casino Street; eastward of a line 215 feet 
east of and parallel to the east side of West Side Avenue, said line 
extending southerly to a point 233 feet north of the prolonged north 
side of Clinton Street; northeastward of a line from the last-mentioned 
point to a point 243 feet southerly of the prolonged south side of 
Clinton Street and 210 feet east of the east side of Prospect Street; 
eastward of a line 210 feet east of and parallel to the east side of 
Prospect Street; northward of a line 25 feet north of and parallel to 
the prolonged north side of Suffolk Street; westward of a line 210 feet 
west of and parallel to the west side of South Long Beach Avenue, said 
line extending northerly to a point 222 feet south of the prolonged 
south side of Queens Street; southwestward of a line from the last-
mentioned point to a point 74 feet northerly of the prolonged north side 
of Queens Street and 120 feet west of the west side of Roosevelt Avenue; 
and westward of a line 120 feet west of and parallel to the west side of 
Roosevelt Avenue.
    (b) The regulations. (1) When applied for, a berth in this 
anchorage, if available, may be assigned to any vessel by the Captain of 
the Port of Long Island Sound.
    (2) The Captain of the Port is authorized to issue permits for 
maintaining mooring buoys within the anchorage. The method of anchoring 
these buoys shall be as prescribed by the Captain of the Port.
    (3) No vessel shall anchor in the anchorage in such manner as to 
interfere with the use of a duly authorized mooring buoy.
    (4) No vessel shall be navigated within the anchorage at a speed 
exceeding six knots.
    (5) In case of emergencies, the Captain of the Port is authorized to 
shift the position of any unattended vessel moored in or near the 
anchorage.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by USCG-2012-0306, 
77 FR 37313, June 21, 2012]



Sec.  110.157  Delaware Bay and River.

    (a) The anchorage grounds--(1) Anchorage A off the entrance to the 
Mispillion River. In Delaware Bay southwest of Brandywine Channel 
beginning at latitude 38 deg.5357" N., longitude 75 deg.0800" W., 
thence northwesterly to latitude 39 deg.0122" N., longitude 
75 deg.1325" W., thence southwesterly to latitude 39 deg.0049" N., 
longitude 75 deg.1457" W., thence southeasterly to latitude 
38 deg.5322" N., longitude 75 deg.0926" W., thence northeasterly to 
the point of beginning. Supervision over the anchoring of vessels and 
over all cargo transfer operations in Anchorage A is exercised by the 
Captain of the Port, Philadelphia. The regulations of paragraphs (b)(1) 
and (b)(2) of this section do not apply to this anchorage.
    (2) Anchorage 1 off Bombay Hook Point. On the southwest side of the 
channel along Liston Range, in the waters bounded by a line connecting 
the following points:

------------------------------------------------------------------------
              Latitude                             Longitude
------------------------------------------------------------------------
391714.0" N                           0752221.0" W
391655.2" N                           0752250.5" W
392034.1" N                           0752656.8" W
392053.5" N                           0752628.0" W
------------------------------------------------------------------------


(DATUM: NAD 83)
    (3) Anchorage 2 northwest of Artificial Island. On the east side of 
the channel along Reedy Island Range, bounded as follows: Beginning at a 
point bearing 105 deg. from the northernmost point of Reedy Island, 167 
yards easterly of the east edge of the channel along Reedy Island Range; 
thence 105 deg., 800 yards; thence 195 deg., 4,500 yards; thence 
285 deg., 800 yards to a point (approximately latitude 39 deg.2858", 
longitude 75 deg.3337") opposite the intersection of Reedy Island and 
Baker Ranges; and thence 15 deg., 4,500 yards, to the point of 
beginning.

[[Page 504]]

    (4) Anchorage 3 southeast of Reedy Point. Southeast of the entrance 
to the Chesapeake and Delaware Canal at Reedy Point, in the waters 
bounded by a line connecting the following points:

------------------------------------------------------------------------
              Latitude                             Longitude
------------------------------------------------------------------------
393309.0" N                           0753238.0" W
393234.6" N                           0753238.2" W
393129.0" N                           0753301.0" W
393131.8" N                           0753316.2" W
393214.6" N                           0753308.3" W
393309.0" N                           0753310.0" W
------------------------------------------------------------------------


(DATUM: NAD 83)
    (5) Anchorage 4 north of Reedy Point. North of the entrance to the 
Chesapeake and Delaware Canal at Reedy Point, on the west side of the 
river, bounded as follows: Beginning at a point (approximately latitude 
39 deg.3351", longitude 75 deg.3335") 344 deg.58 true, 160 yards from 
Chesapeake and Delaware Canal Light 2; thence 306 deg.26, 1,442 yards; 
thence 36 deg.26, 377 yards; thence 126 deg.26, 1,442 yards; thence 
216 deg.26, 377 yards to the point of beginning.
    (6) Anchorage 5 southeast of Pea Patch Island. On the northeast side 
of the channel along New Castle Range, bounded as follows: Beginning at 
latitude 39 deg.3428", longitude 75 deg.3306"; thence 334 deg., 2,343 
yards; thence 64 deg., 512 yards; thence 154 deg., 2,343 yards; and 
thence 244 deg., 512 yards, to the point of beginning.
    (7) Anchorage 6 off Deepwater Point. East of the entrance to 
Christina River, in the waters bounded by a line connecting the 
following points:

------------------------------------------------------------------------
              Latitude                             Longitude
------------------------------------------------------------------------
394300.0" N                           0753020.0" W
394251.5 " N                          0752944.9" W
394205.4" N                           0753025.2" W
394147.3" N                           0753037.5" W
394134.7" N                           0753039.9" W
394136.6" N                           0753051.1" W
------------------------------------------------------------------------


(DATUM: NAD 83)
    (8) Anchorage 7 off Marcus Hook. (i) On the southeast side of the 
channel along Marcus Hook Range, bounded by a line connecting the 
following points:

394917.254" N                       752250.0994" W
394839.984" N                       752317.238" W
394745.309" N                       752501.278" W
394743.111" N                       752600.186" W
 

(DATUM: NAD 83)

    (ii) A vessel that is arriving from or departing for sea and that 
requires an examination by public health, customs, or immigration 
authorities shall anchor in the preferential area of this anchorage 
designated for the use of vessels awaiting quarantine inspection, this 
area being the waters bounded by the arc of a circle with a radius of 
366 yards and with the center located at:

394846.334" N                       752326.881" W
 

(DATUM: NAD 83)

    (iii) Should the remainder of the anchorage be in use, the 
preferential area, when available, may be used by vessels not subject to 
quarantine inspection.
    (9) Anchorage 8 off Thompson Point. On the south side of the channel 
along Tinicum Range, between Thompson Point and the east side of Crab 
Point, in the waters bounded by a line connecting the following points:

------------------------------------------------------------------------
              Latitude                             Longitude
------------------------------------------------------------------------
395052.0" N                           0751823.0" W
395051.1" N                           0751741.0" W
395044.5" N                           0751741.6" W
395046.0" N                           0751823.0" W
------------------------------------------------------------------------


(DATUM: NAD 83)
    (10) Anchorage 9 near entrance to Mantua Creek. On the southeast 
side of the channel along Mifflin Range, bounded as follows: Beginning 
at a point on the southeast edge of the channel at longitude 
75 deg.1426"; thence northeasterly along the edge of the channel to 
longitude 75 deg.1201.5"; thence 203 deg.30, 933 yards; thence 
233 deg.30, 3,058 yards; and thence 263 deg.30, 933 yards, to the 
point of beginning. Vessels must not cast anchor in this anchorage in 
such manner as to interfere unreasonably with the passage of other 
vessels to and from Mantua Creek.
    (11) Anchorage 10 at Naval Base, Philadelphia. On the north side of 
the channel along Eagle Point Range, bounded as follows: Beginning off 
of the southeasterly corner of Pier 1 at 39 deg.5307" N., 
075 deg.1030" W., thence south to the to the north edge of the channel 
along Eagle Point Range to 39 deg.5258" N., 075 deg.1029" W., thence 
east along the edge of the channel to 39 deg.5256" N., 075 deg.0953" 
W., thence north to 39 deg.5307" N., 075 deg.0954" W., thence 
continuing west to the beginning point at 39 deg.5307" N., 
075 deg.1030" W. These coordinates are based on WGS 84.

[[Page 505]]

    (12) Anchorage 11 at Gloucester. (i) East of the channel south of 
the Walt Whitman Bridge at Gloucester, in the waters bounded by a line 
connecting the following points:

------------------------------------------------------------------------
              Latitude                             Longitude
------------------------------------------------------------------------
395410.0" N                           0750745.0" W
395409.4" N                           0750743.0" W
395403.0" N                           0750741.0" W
395330.5" N                           0750757.7" W
395309.6" N                           0750817.0" W
395336.6" N                           0750800.6" W
------------------------------------------------------------------------


(DATUM: NAD 83)
    (ii) The area between Pier 124 S and 122 S, along the west side of 
the Delaware River, is restricted to facilitate vessel movements. The 
areas adjacent to working piers are restricted to facilitate the 
movement of vessels to and from these piers. Should the anchorage become 
so congested that vessels are compelled to anchor in these restricted 
areas, they must move immediately when another berth is available.
    (13) Anchorage 12 between Gloucester and Camden. (i) East of the 
channel beginning north of the Walt Whitman Bridge at Gloucester and 
ending south of the Benjamin Franklin Bridge at Camden, bounded as 
follows: Beginning at a point at latitude 39 deg.5426.0" N, longitude 
75 deg.0741" W, bounded on the west by a line perpendicular to the 
channel, 210 yards from the east edge of the channel, 5,536 yards north 
to a point at latitude 39 deg.5705.0" N, longitude 75 deg.0804.2" W, 
and then bounded by a line connecting the following points, connecting 
to the point of beginning:

------------------------------------------------------------------------
              Latitude                             Longitude
------------------------------------------------------------------------
395704.3" N                           0750757.3" W
395651.7" N                           0750801.3" W
395635.5" N                           0750803.1" W
395602.8" N                           0750802.0" W
395534.7" N                           0750754.5" W
395445.7" N                           0750732.5" W
395433.8" N                           0750732.9" W
395425.2" N                           0750736.1" W
------------------------------------------------------------------------


(DATUM: NAD 83)
    (ii) The area between No. 2 Broadway pier and No. 1 Broadway pier is 
restricted to facilitate vessel movements. The areas adjacent to working 
piers are restricted to facilitate the movement of vessels to and from 
these piers. Should the anchorage become so congested that vessels are 
compelled to anchor in these restricted areas, they must move 
immediately when another berth is available.
    (14) Anchorage 13 at Camden. East of the channel, north of the 
Benjamin Franklin Bridge to Cooper Point, Camden, NJ, in the waters 
bounded by a line connecting the following points:

------------------------------------------------------------------------
              Latitude                             Longitude
------------------------------------------------------------------------
395717.0" N                           0750758.0" W
395722.3" N                           0750755.9" W
395732.0" N                           0750749.4" W
395739.2" N                           0750739.7" W
395734.9" N                           0750734.7" W
395721.2" N                           0750749.8" W
395715.1" N                           0750752.7" W
------------------------------------------------------------------------

    (15) Anchorage 14 opposite Port Richmond. On the southeast side of 
the channel, north of Petty Island, bounded as follows: Beginning at a 
point on the southeast edge of the channel at longitude 75 deg.0543"; 
thence 163 deg., 248 yards; thence 253 deg., 1,978 yards, to the 
southeast edge of the channel; and thence northeasterly along the edge 
of the channel to the point of beginning. Vessels having a draft of less 
than 20 feet must anchor southwest of Pier No. 11, Port Richmond. The 
area off the Cities Service Oil Company wharves, Petty Island, shall be 
restricted to facilitate the movement of vessels to and from the 
wharves.
    (16) Anchorage 15 off northeasterly end of Petty Island. On the 
southeast side of the channel, bounded as follows: Beginning at a point 
on the southeast edge of the channel at longitude 75 deg.0534.7"; 
thence northeasterly along the southeast edge of the channel to 
longitude 75 deg.0509.5"; thence 171 deg., 198 yards; thence 
260 deg.30, 667 yards; and thence 351 deg., 198 yards, to the point of 
beginning. When necessary, this anchorage will be reserved for vessels 
under the custody of the United States, at which time other vessels may 
be required by the Captain of the Port to shift position.
    (17) Anchorage 16 between Port Richmond and Five Mile Point. On the 
northwest side of the channel, bounded as follows: Beginning at a point 
on the northwest edge of the channel at longitude 75 deg.0535"; thence 
northeasterly along the edge of the channel to longitude 75 deg.0420"; 
thence 328 deg., 125 yards; thence 243 deg., 450 yards; thence 251 deg., 
475 yards; thence 257 deg., 1,042 yards; thence 174 deg.30, 122 yards, 
to the point of beginning. When necessary, this anchorage

[[Page 506]]

will be reserved for vessels under the custody of the United States, at 
which time other vessels may be required by the Captain of the Port to 
shift position.
    (b) General regulations. (1) Except in cases of great emergency, no 
vessel shall be anchored in Delaware Bay and River between Ship John 
Light and The Pennsylvania Railroad Company bridge at Delair, New 
Jersey, outside of the anchorage areas established in this section, or 
within a cable or pipe line area shown on a Government chart, or be 
moored, anchored, or tied up to any pier, wharf, or other vessel in such 
manner as to obstruct or endanger the passage of any vessel. When an 
emergent condition exists due to congestion in the prescribed anchorage 
areas in the Delaware River, the Captain of the Port may authorize the 
anchorage of vessels in locations other than the prescribed areas. 
Vessels so anchored must not be anchored within the channel limits. Any 
vessel anchored outside of the prescribed anchorage limits must move to 
a prescribed anchorage area when space becomes available.
    (2) No vessel shall occupy any prescribed anchorage for a longer 
period than 48 hours without a permit from the Captain of the Port. 
Vessels expecting to be at anchor for more than 48 hours shall obtain a 
permit from the Captain of the Port for that purpose. No vessel in such 
condition that it is likely to sink or otherwise become a menace or 
obstruction to navigation or anchorage of other vessels shall occupy an 
anchorage except in an emergency, and then only for such period as may 
be permitted by the Captain of the Port.
    (3) Whenever, in the opinion of the Captain of the Port such action 
may be necessary, he may require any or all vessels in any designated 
anchorage area to moor with two or more anchors.
    (4) [Reserved]
    (5) Anchors shall be placed well within the anchorage areas, so that 
no portion of the hull or rigging will at any time extend outside of the 
anchorage area.
    (6) Light-draft barges using the anchorages shall be anchored away 
from the deeper portions of the anchorages, so as not to interfere with 
the anchoring of deep-draft vessels. Any barges towed in tandem to an 
anchorage area shall be bunched together when anchoring.
    (7) Upon approval of the District Engineer, Corps of Engineers, the 
Captain of the Port may permit wrecking plant or other vessels legally 
engaged in recovering sunken property, or in laying or repairing pipe 
lines or cables, or plant engaged in dredging operations, to anchor in 
channels. Such permission is not necessary for plant engaged upon works 
of river and harbor improvement under the supervision of the District 
Engineer, but the District Engineer will notify the Captain of the Port 
in advance of all such proposed work.
    (8) [Reserved]
    (9) A vessel upon being notified to shift its position shall get 
under way at once or signal for a tug and shall change position as 
directed with reasonable promptness.
    (10) Nothing in this section shall be construed as relieving any 
vessel or the owner or person in charge of any vessel from the penalties 
of law for obstructing navigation or for obstructing or interfering with 
range lights, or for not complying with the laws relating to lights and 
fog signals or other navigation laws and regulations.
    (11) Annually from September 1 until December 31, additional 
requirements and restrictions in this paragraph for the use of 
anchorages defined in paragraphs (a)(7), (a)(8), and (a)(10) of this 
section apply.
    (i) Before anchoring in Anchorage 7 off Marcus Hook, as described in 
paragraph (a)(8) of this section, a vessel must first obtain permission 
from the Captain of the Port, Philadelphia, at least 24 hours in advance 
of arrival. Permission to anchor will be granted on a ``first-come, 
first-served'' basis. The Captain of the Port, Philadelphia, will allow 
only one vessel at a time to be at anchor in Anchorage 7, and no vessel 
may remain within Anchorage 7 for more than 12 hours. Any vessel 
arriving from or departing to sea that requires an examination by the 
public health service, customs or immigration authorities will be 
directed to an anchorage for the required inspection by

[[Page 507]]

the Captain of the Port on a case-by-case basis.
    (ii) For Anchorage 6 off Deepwater Point, as described in paragraph 
(a)(7) of this section, and Anchorage 9 as described in paragraph 
(a)(10) of this section.
    (A) Any vessel 700 feet or greater in length requesting anchorage 
shall obtain permission from the Captain of the Port, Philadelphia, 
Pennsylvania, at least 24 hours in advance.
    (B) Any vessel from 700 to 750 feet in length shall have one tug 
alongside at all times while the vessel is at anchor.
    (C) Any vessel greater than 750 feet in length shall have two tugs 
alongside at all times while the vessel is at anchor.
    (D) The Master, owner or operator of a vessel at anchor shall ensure 
that any tug required by this section is of sufficient horsepower to 
assist with necessary maneuvers to keep the vessel clear of the 
navigation channel.
    (iii) As used in this section, Captain of the Port means the 
Commander of 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.
    (c) Regulations for vessels carrying and handling explosives. (1) 
All vessels carrying explosives as defined in and subject to Title 49 
Code of Federal Regulations, Parts 171 through 177, or on which such 
explosives are to be loaded, shall obtain a permit from the Captain of 
the Port, except as provided in paragraph (c)(5) of this section. The 
maximum amount of explosives for which a permit is required in 49 CFR 
Parts 171 through 177, which may be carried or loaded at any time by a 
vessel shall not exceed 800 tons, except in cases of great emergency or 
by special permit from the Captain of the Port. This written permit 
shall be obtained from the Captain of the Port before vessels carrying 
explosives or on which explosives are to be loaded within the weight 
limit specified in paragraph (c)(1) of this section, may anchor in any 
anchorge. Permits will not be issued for Anchorage 2 under any 
circumstances. Such permit may be revoked at any time. All vessels used 
in connection with loading, or unloading explosives shall carry written 
permits from the Captain of the Port, and shall show such permit 
whenever required by him or his representative.
    (2) Vessels handling explosives shall be anchored so as to be at 
least 2,200 feet from any other vessel, but the number of vessels which 
may anchor in an anchorage at any one time shall be at the discretion of 
the Captain of the Port. This provision is not intended to prohibit 
barges or lighters from tying up alongside the vessels for the transfer 
of cargo.
    (3) Whenever a vessel or barge not mechanically self-propelled 
anchors while carrying explosives or while awaiting the loading of 
explosives, the Captain of the Port may require the attendance of a tug 
upon such vessel or barge when in his judgment such action is necessary.
    (4) Fishing and navigation are prohibited within an anchorage 
whenever occupied by an anchored vessel displaying a red flag.
    (5) The District Engineer, U.S. Army Corps of Engineers, may 
authorize, in writing, a vessel carrying explosives for use on river and 
harbor works or on other work under Department of the Army permit, to 
anchor in or near the vicinity of such work. The Captain of the Port 
will prescribe the conditions under which explosives shall be stored and 
handled in such cases.
    (6) Vessels carrying explosives or on which explosives are to be 
loaded, within the weight limit specified in paragraph (c)(1) of this 
section, shall comply with the general regulations in paragraph (b) of 
this section when applicable.
    (7) Nothing in this section shall be construed as relieving any 
vessel or the owner or person-in-charge of any vessel, and all others 
concerned, of the duties and responsibilities imposed upon them to 
comply with the regulations governing the handling, loading or 
discharging of explosives entitled ``Subchapter C--Hazardous Materials 
Regulations'' (49 CFR Parts 171 through 177).

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967]

    Editorial Note: For Federal Register citations affecting Sec.  
110.157, see the List of CFR

[[Page 508]]

Sections Affected, which appears in the Finding Aids section of the 
printed volume and at www.fdsys.gov.



Sec.  110.158  Baltimore Harbor, MD.

    North American Datum 1983.
    (a) Anchorage Grounds--(1) Anchorage No. 1, general anchorage. (i) 
The waters bounded by a line connecting the following points:

Latitude                             Longitude
 
391513.51" N                         763407.76" W
391511.01" N                         763411.69" W
391452.98" N                         763352.67" W
391447.90" N                         763340.73" W
 

    (ii) No vessel shall remain in this anchorage for more than 12 hours 
without permission from the Captain of the Port.
    (2) Anchorage No. 2, general anchorage.
    (i) The waters bounded by a line connecting the following points:

Latitude                             Longitude
 
391446.23" N                         763325.82" W
391456.96" N                         763337.15" W
391508.55" N                         763337.65" W
391519.28" N                         763324.49" W
391519.33" N                         763314.32" W
391514.19" N                         763257.76" W
391506.87" N                         763245.48" W
391441.37" N                         763227.38 W
391430.93" N                         763233.52" W
391446.27" N                         763249.69" W
391443.76" N                         763253.62" W
391457.51" N                         763308.13" W
 

    (ii) No vessel shall remain in this anchorage for more than 72 hours 
without permission from the Captain of the Port.
    (3) Anchorage No. 3, Upper, general anchorage.
    (i) The waters bounded by a line connecting the following points:

Latitude                             Longitude
 
391432.48" N                         763311.31" W
391446.23" N                         763325.82" W
391457.51" N                         763308.13" W
391443.76" N                         763253.62" W
 

    (ii) No vessel shall remain in this anchorage for more than 24 hours 
without permission from the Captain of the Port.
    (4) Anchorage No. 3, Lower, general anchorage.
    (i) The waters bounded by a line connecting the following points:

Latitude                             Longitude
 
391432.48" N                         763311.31" W
391446.27" N                         763249.69" W
391430.93" N                         763233.52" W
391424.40" N                         763239.87" W
391415.66" N                         763253.58" W
 

    (ii) No vessel shall remain in this anchorage for more than 72 hours 
without permission from the Captain of the Port.
    (5) Anchorage No. 4, general anchorage.
    (i) The waters bounded by a line connecting the following points:

Latitude                             Longitude
 
391352.91" N                         763229.60" W
391405.91" N                         763243.30" W
391407.30" N                         763243.12" W
391417.96" N                         763226.41" W
391405.32" N                         763213.09" W
391400.46" N                         763217.77" W
 

    (ii) No vessel shall remain in this anchorage for more than 72 hours 
without permission from the Captain of the Port.
    (6) Anchorage No. 5, general anchorage.
    (i) The waters bounded by a line connecting the following points:

Latitude                             Longitude
 
391407.89" N                         763258.23" W
391334.82" N                         763223.66" W
391322.25" N                         763228.90" W
391321.20" N                         763311.94" W
 

    (ii) No vessel shall remain in this anchorage for more than 72 hours 
without permission from the Captain of the Port.
    (7) Anchorage No. 6, general anchorage.
    (i) The waters bounded by a line connecting the following points:

Latitude                             Longitude
 
391342.98" N                         763219.11" W
391320.65" N                         763155.58" W
391334.00" N                         763133.50" W
391401.95" N                         763202.65" W
391351.01" N                         763218.71" W
 

    (ii) No vessel shall remain in this anchorage for more than 72 hours 
without permission from the Captain of the Port.
    (8) Anchorage No. 7, Dead ship anchorage.
    (i) The waters bounded by a line connecting the following points:

Latitude                             Longitude
 
391300.40" N                         763410.40" W
391313.40" N                         763410.81" W
391313.96" N                         763405.02" W

[[Page 509]]

 
391314.83" N                         763329.80" W
391300.40" N                         763329.90" W
 

    (ii) The primary use of this anchorage is to lay up dead ships. Such 
use has priority over other uses. Permission from the Captain of the 
Port must be obtained prior to the use of this anchorage for more than 
72 hours.
    (b) Definitions. As used in this section: Class 1 (explosive) 
materials means Division 1.1, 1.2, 1.3, and 1.4 explosives, as defined 
in 49 CFR 173.50. Dangerous cargo means certain dangerous cargo as 
defined in Sec. 160.202 of this chapter.
    (c) General regulations. (1) Except as otherwise provided, this 
section applies to vessels over 20 meters long and all vessels carrying 
or handling dangerous cargo or Class 1 (explosive) materials while 
anchored in an anchorage ground described in this section.
    (2) Except in cases where unforeseen circumstances create conditions 
of imminent peril, or with the permission of the Captain of the Port, no 
vessel shall be anchored in Baltimore Harbor and Patapsco River outside 
of the anchorage areas established in this section for more than 24 
hours. No vessel shall anchor within a tunnel, cable or pipeline area 
shown on a government chart. No vessel shall be moored, anchored, or 
tied up to any pier, wharf, or other vessel in such manner as to extend 
into established channel limits. No vessel shall be positioned so as to 
obstruct or endanger the passage of any other vessel.
    (3) Except in an emergency, a vessel that is likely to sink or 
otherwise become a menace or obstruction to navigation or the anchoring 
of other vessels may not occupy an anchorage, unless the vessel obtains 
a permit from the Captain of the Port.
    (4) The Captain of the Port may grant a revocable permit to a vessel 
for a habitual use of an anchorage. Only the vessel that holds the 
revocable permit may use the anchorage during the period that the permit 
is in effect.
    (5) Upon notification by the Captain of the Port to shift its 
position, a vessel at anchor shall get underway and shall move to its 
new designated position within 2 hours after notification.
    (6) The Captain of the Port may prescribe specific conditions for 
vessels anchoring within the anchorages described in this section, 
including, but not limited to, the number and location of anchors, scope 
of chain, readiness of engineering plant and equipment, usage of tugs, 
and requirements for maintaining communication guards on selected radio 
frequencies.
    (7) No vessel at anchor or at a mooring within an anchorage may 
transfer oil to or from another vessel unless the vessel has given the 
Captain of the Port the four hours advance notice required by Sec.  
156.118 of this chapter.
    (8) No vessel shall anchor in a ``dead ship'' status (propulsion or 
control unavailable for normal operations) without prior approval of the 
Captain of the Port.
    (d) Regulations for vessels handling or carrying dangerous cargoes 
or Class 1 (explosive) materials. (1) This paragraph (d) applies to 
every vessel, except a U.S. naval vessel, handling or carrying dangerous 
cargoes or Class 1 (explosive) materials.
    (2) The Captain of the Port may require every person having business 
aboard a vessel handling or carrying dangerous cargoes or Class 1 
(explosive) materials while in an anchorage, other than a member of the 
crew, to hold a form of identification prescribed in the vessel's 
security plan.
    (3) Each person having business aboard a vessel handling or carrying 
dangerous cargoes or Class 1 (explosive) materials while in an 
anchorage, other than a member of the crew, shall present the 
identification prescribed by paragraph (d)(2) of this section to any 
Coast Guard Boarding Officer who requests it.
    (4) Each non-self-propelled vessel handling or carrying dangerous 
cargoes or Class 1 (explosive) materials must have a tug in attendance 
at all times while at anchor.
    (5) Each vessel handling or carrying dangerous cargoes or Class 1 
(explosive) materials while at anchor must display by day a bravo flag 
in a prominent location and by night a fixed red light.

[CGFR 68-132, 33 FR 18439, Dec. 12, 1968; 33 FR 20039, Dec. 31, 1968]

    Editorial Note: For Federal Register citations affecting Sec.  
110.158, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.

[[Page 510]]



Sec.  110.159  Annapolis Harbor, MD.

    (a) The Anchorage Grounds--(1) Naval Anchorage for Deep Draft 
Vessels. In the Chesapeake Bay, bounded on the north by latitude 
38 deg.5800"; on the east by a line bearing 203 deg. from latitude 
38 deg.5800", longitude 76 deg.2400"; on the south by latitude 
38 deg.5630"; and on the west by a line bearing 139 deg. from Greenbury 
Point Shoal Light. This anchorage is reserved for deep draft naval 
vessels. Berths in the area will be assigned on application to the 
Superintendent, U.S. Naval Academy.
    (2) Middle Ground Anchorage. Beginning at a point in the Severn 
River 139 deg., 620 yards from Triton Light (located at the intersection 
of the northeast and southeast seawall of the Naval Academy grounds); 
thence easterly to a point 112 deg.30, 970 yards from Triton Light; 
thence southeasterly to a point 274 deg., 1,045 yards from the radio 
tower at the tip of Greenbury Point; thence south-southeasterly to a 
point 233 deg.30, 925 yards from the radio tower at the tip of 
Greenbury Point; thence west to a point 295 deg., 1,015 yards from 
Greenbury Point Shoal Light: thence northwesterly to the point of 
beginning.
    (3) South Anchorage. In the Severn River, beginning at a point on 
the shoreline at Horn Point, Eastport, 168 deg., 1,190 yards from Triton 
Light; thence east to a point 294 deg., 1,075 yards from Greenbury Point 
Shoal Light; thence northwest to a point 143 deg., 595 yards from Triton 
Light; thence westerly to a point 209 deg., 700 yards from Triton Light; 
thence 180 deg. to a point on the shoreline at Eastport. No vessel shall 
anchor within 100 feet of any wharf, marine railway, or other structure 
without the permission of the owner thereof.
    (4) Naval Anchorage for Small Craft. In the Severn River, beginning 
at a point 80 feet off the southeast seawall of the Naval Academy 
bearing 132 deg. from Triton Light; thence easterly to a point 
072 deg.30, 285 yards from Triton Light; thence southeasterly to a 
point 109 deg., 785 yards from Triton Light; thence westerly to a point 
211 deg., 537 yards from Triton Light; thence northwesterly to a point 
45 yards off the southeast seawall of the Naval Academy bearing 
214 deg., 535 yards from Triton Light; thence northeasterly to the point 
of beginning. Except in the case of emergency, no vessel shall be 
anchored in this area without the permission of the Superintendent, U.S. 
Naval Academy. Anchorages will be assigned upon request to the 
Superintendent, U.S. Naval Academy.
    (5) Spa Creek Anchorage. In Spa Creek, those waters bounded by a 
line connecting the following points:

385837.3" N                         762848.1" W
385836.1" N                         762857.8" W
385831.6" N                         762903.3" W
385826.7" N                         762859.5" W
 


Datum: NAD 83

    Note: The City Council of Annapolis has promulgated local ordinances 
to the control building of structures, and mooring and anchorage of 
vessels in anchorages (a)(3), and (a)(5). These local ordinances will be 
enforced by the local Harbor Master.

    (b) The regulations. (1) Except in the case of emergency, no vessel 
shall be anchored in the area to the north and east of the Annapolis 
Channel bounded on the east by Greenbury Point; on the south by a line 
bearing 270 deg. from the southern tip of Greenbury Point; on the west 
by the Annapolis Channel; on the north by the southern boundry of the 
cable area and the shoreline of the Government reservation and Carr 
Creek.
    (2) Except in the case of emergency, no vessel shall be anchored in 
Annapolis Harbor to the westward of the dredged channel and northward of 
the southern boundry of the South Anchorage outside of the established 
anchorage areas, except in Spa Creek and the area to the southwestward 
of the Naval anchorage for small craft. No vessel shall be so anchored 
that any part of the vessel extends at any time within this area. Any 
vessel anchoring, under great emergency, within this area shall be 
placed as close to an anchorage area as practicable, and shall move away 
immediately after the emergency ceases.
    (3) No vessel shall be anchored in the cable and pipeline area, 
lying between the Naval Academy and the Naval Ship Research and 
Development Laboratory and having the following limits: Southeastern 
limit, from Triton Light 072 deg. to white ``Cable Crossing'' sign at 
the Naval Ship Research and Development

[[Page 511]]

Laboratory; northwestern limit, a line bearing 054 deg. from the Capitol 
Dome.
    (4) Except in the case of emergency, no vessel shall be anchored, 
without permission of the Superintendent, U.S. Naval Academy, in the 
Naval Academy Drill area described as follows:
    That portion of the Severn River lying to the northeastward of the 
Naval Academy, bounded on the north by the State Highway Bridge and on 
the south by the northern limit of the cable and pipeline area, 
excluding that area off the eastern shoreline enclosed by a line bearing 
approximately 131 deg. from the eastern abutment of the State Highway 
Bridge to the vicinity of Ferry Point. This drill area also includes the 
lower part of Dorseys Creek below the Naval Academy Drawbridge. Requests 
to anchor in this drill area shall be made to the Superintendent, U.S. 
Naval Academy.
    (5) The restrictions in this section do not apply to the anchoring 
or marking by buoys of apparatus used for the purpose of taking seafood, 
except within the cable or pipeline area described in paragraph (b)(3) 
of this section.
    (6) The regulations in paragraph (b) of this section shall be 
enforced by the Superintendent, U.S. Naval Academy, and such agencies as 
he may designate.

[CGFR 68-97, 34 FR 9677, June 20, 1969, as amended by CGD 05-81-15R, 47 
FR 29658, 29659, July 8, 1982; CGD05-93-103, 60 FR 27696, May 25, 1995; 
60 FR 45776, Sept. 1, 1995]



Sec.  110.166  York River, Va., naval anchorage.

    (a) The anchorage grounds. Between Yorktown and the Naval Mine 
Depot, beginning at latitude 37 deg.1534", longitude 76 deg.3125"; 
thence to latitude 37 deg.1525", longitude 76 deg.3139.5"; thence to 
latitude 37 deg.1621.5", longitude 76 deg.3246"; thence to latitude 
37 deg.1707.5", longitude 76 deg.3417"; thence to latitude 
37 deg.1755", longitude 76 deg.3514.5"; thence to latitude 
37 deg.1805", longitude 76 deg.3501"; thence to latitude 
37 deg.1720", longitude 76 deg.3407"; thence to latitude 
37 deg.1633.5", longitude 76 deg.3234", and thence to the point of 
beginning.
    (b) The regulations. This anchorage is reserved for the exclusive 
use of naval vessels and except in cases of emergency, no other vessel 
shall anchor therein without permission from the local naval 
authorities, obtained through the Captain of the Port, Norfolk, 
Virginia. Movement of vessels through the anchorage will not be 
restricted.



Sec.  110.168  Hampton Roads, Virginia and adjacent waters (Datum: NAD 83).

    (a) Anchorage Grounds--(1) Anchorage A [Naval Anchorage]. The waters 
bounded by the shoreline and a line connecting the following points:


Latitude                             Longitude
 
365536.2" N                          760246.3" W
365703.3" N                          760301.4" W
365645.5" N                          760128.8" W
365555.7" N                          760135.7" W
 

    (2) Chesapeake Bay, Thimble Shoals Channel Anchorages.
    (i) Anchorage B [Naval Anchorage]. The waters bounded by a line 
connecting the following points:

Latitude                             Longitude
 
365758.5" N                          760605.8" W
365711.5" N                          760300.9" W
365549.3" N                          760312.8" W
365632.3" N                          760605.8" W
365704.5" N                          760605.8" W
365709.0" N                          760623.3" W
 

    (ii) Anchorage C [Naval Anchorage]. The waters bounded by a line 
connecting the following points:

Latitude                             Longitude
 
365855.3" N                          760940.3" W
365819.3" N                          760716.8" W
365727.5" N                          760736.3" W
365804.5" N                          760958.8" W
 


    (iii) Anchorage D [Naval Anchorage]. The waters bounded by the 
shoreline and a line connecting the following points:

Latitude                             Longitude
 
365549.5" N                          761031.6" W
365804.5" N                          761000.9" W
365731.7" N                          760753.6" W
365524.6" N                          760827.6" W
 


    (iv) Anchorage E [Commercial Explosives Anchorage]. The waters 
bounded by a line connecting the following points:

Latitude                             Longitude
 
365959.2" N                          761345.8" W
365908.7" N                          761032.6" W
365813.5" N                          761050.6" W

[[Page 512]]

 
365902.5" N                          761408.9" W
 


    (v) Explosives Handling Berth E-1 [Explosives Anchorage Berth]. The 
waters bounded by the arc of a circle with a radius of 500 yards and the 
center located at:

Latitude                             Longitude
 
365905.5" N                          761121.8" W
 


    (3) Hampton Roads Anchorages. (i) Anchorage F, Hampton Bar. The 
waters bounded by a line connecting the following points:

Latitude                             Longitude
 
365925.5" N                          762005.8" W
365952.1" N                          761910.8" W
365925.7" N                          761847.3" W
365849.6" N                          761932.6" W
 


    (ii) Anchorage Berth F-1. The waters bounded by the arc of a circle 
with a radius of 500 yards and the center located at:

Latitude                             Longitude
 
365929.6" N                          761913.9" W
 

    (iii) Anchorage G, Hampton Flats (Naval Explosives Anchorage). The 
waters bounded by a line connecting the following points:

 
 
 
Latitude                             Longitude
 
365925.0" N                          762007.0" W
365849.1" N                          761933.8" W
365741.4" N                          762107.7" W
365734.6" N                          762126.7" W
365731.1" N                          762201.9" W
365807.0" N                          762203.0" W
365854.8" N                          762142.6" W
 

    (iv) Explosives Handling Berth G-1. The waters bounded by the arc of 
a circle with a radius of 500 yards and the center located at:

Latitude                             Longitude
 
365750.5" N                          762135.8" W
 


    (v) Explosives Handling Berth G-2. The waters bounded by the arc of 
a circle with a radius of 500 yards and the center located at:


Latitude                             Longitude
 
365814.5" N                          762100.3" W
 

    (vi) Explosives Handling Berth G-3. The waters bounded by the arc of 
a circle with a radius of 500 yards and with the center located at:

 
 
 
Latitude                             Longitude
 
365834.2" N                          762031.4" W
 

    (vii) Explosives Handling Berth G-4. The waters bounded by the arc 
of a circle with a radius of 500 yards and with the center located at:

 
              Latitude                            Longitude
 
365854.9" N                          762003.2" W
 

    (viii) Anchorage H, Newport News Bar. The waters bounded by a line 
connecting the following points:

Latitude                             Longitude
 
365738.8" N                          762418.5" W
365752.3" N                          762229.7" W
365807.4" N                          762201.8" W
365731.6" N                          762200.6" W
365718.7" N                          762410.1" W
 


    (4) James River Anchorages. (i) Anchorage I, Newport News. The 
waters bounded by a line connecting the following points:


Latitude                             Longitude
 
365849.0" N                          762709.8" W
365835.9" N                          762637.2" W
365752.2" N                          762601.6" W
365731.1" N                          762533.3" W
365707.2" N                          762443.1" W
365623.1" N                          762426.8" W
365603.5" N                          762435.8" W
365754.2" N                          762640.3" W
365823.5" N                          762709.8" W
 

    (ii) Anchorage Berth I-1. The waters bounded by the arc of a circle 
with a radius of 400 yards and the center located at:

Latitude                             Longitude
 
365709.0" N                          762520.4" W
 

    (iii) Anchorage Berth I-2. The waters bounded by the arc of a circle 
with a radius of 400 yards and with the center located at:

 
 
 
Latitude                             Longitude
 
365723.8" N                          762546.0" W
 


[[Page 513]]

    (iv) Anchorage J, Newport News Middle Ground. The waters bounded by 
a line connecting the following points:

 
 
 
Latitude                             Longitude
 
365559.9" N                          762211.7" W
365559.9" N                          762400.0" W
365625.3" N                          762348.0" W
365710.2" N                          762409.9" W
365712.0" N                          762347.3" W
365638.5" N                          762139.1" W
365638.5" N                          762047.0" W
 

    (v) Anchorage K, Newport News Middle Ground. The waters bounded by a 
line connecting the following points:

 
 
 
Latitude                             Longitude
 
365756.4" N                          762030.5" W
365708.5" N                          762031.0" W
365648.8" N                          762022.5" W
365645.0" N                          762032.0" W
365645.0" N                          762137.7" W
365714.1" N                          762329.1" W
365728.1" N                          762111.7" W
 

    (vi) Anchorage Berth K-1. The waters bounded by the arc of a circle 
with a radius of 400 yards and with the center located at:

 
 
 
Latitude                             Longitude
 
365730.5" N                          762045.3" W
 

    (vii) Anchorage Berth K-2. The waters bounded by the arc of a circle 
with a radius of 400 yards and with the center located at:

 
 
 
Latitude                             Longitude
 
365716.8" N                          762109.5" W
 

    (viii) Anchorage Berth L, Craney Island Flats. The waters bounded by 
a line connecting the following points:

 
 
 
Latitude                             Longitude
 
365559.9" N                          762211.7" W
365638.5" N                          762045.5" W
365630.0" N                          762024.3" W
365604.2" N                          762026.2" W
 

    (5) Elizabeth River Anchorages. (i) Anchorage M, Port Norfolk. The 
waters bounded by a line connecting the following points:

 
 
 
Latitude                             Longitude
 
365145.7" N                          761931.5" W
365145.8" N                          761920.7" W
365137.8" N                          761924.3" W
365132.5" N                          761931.1" W
365140.7" N                          761937.3" W
365145.7" N                          761931.5" W
 

    (ii) Anchorage N, Hospital Point. The waters bounded by a line 
connecting the following points:

 
 
 
Latitude                             Longitude
 
365105.4" N                          761822.4" W
365050.0" N                          761800.0" W
365036.7" N                          761752.8" W
365033.6" N                          761758.8" W
365049.3" N                          761809.0" W
365050.3" N                          761807.8" W
365056.2" N                          761812.5" W
365101.8" N                          761832.3" W
 

    (iii) Anchorage O, The Hague. The waters of the basin known as ``The 
Hague'', north of the Brambleton Avenue Bridge, except for the area 
within 100 feet of the bridge span that provides access to and from the 
Elizabeth River.
    (6) Anchorage Q. Quarantine Anchorage. The waters bounded by a line 
connecting the following points:

 
 
 
Latitude                             Longitude
 
371713.7" N                          760641.6" W
371730.3" N                          760553.9" W
371625.0" N                          760518.4" W
371608.4" N                          760606.0" W
 

    (i) Anchorage Berth Q-1. The waters bounded by the arc of a circle 
with a radius of 500 yards and with the center located at:

 
 
 
Latitude                             Longitude
 
371705.7" N                          760608.9" W
 

    (ii) Anchorage Berth Q-2. The waters bounded by the arc of a circle 
with a

[[Page 514]]

radius of 500 yards with the center located at:

 
 
 
Latitude                             Longitude
 
371633.0" N                          760551.1" W
 

    (b) Definitions. As used in this section--
    Class 1 (explosive) materials means Division 1.1, 1.2, 1.3, and 1.4 
explosives, as defined in 49 CFR 173.50.
    Dangerous cargo means ``certain dangerous cargo'' as defined in 
Sec.  160.202 of this chapter.
    U.S. naval vessel means any vessel owned, operated, chartered, or 
leased by the U.S. Navy; any pre-commissioned vessel under construction 
for the U.S. Navy, once launched into the water; and any vessel under 
the operational control of the U.S. Navy or a Combatant Command.
    (c) General regulations. (1) Except as otherwise provided, this 
section applies to vessels over 20 meters long and vessels carrying or 
handling dangerous cargo or Class 1 (explosive) materials while anchored 
in an anchorage ground described in this section.
    (2) Except as otherwise provided, a vessel may not occupy an 
anchorage for more than 30 days, unless the vessel obtains permission 
from the Captain of the Port.
    (3) Except in an emergency, a vessel that is likely to sink or 
otherwise become a menace or obstruction to navigation or to the 
anchoring of other vessels, may not occupy an anchorage, unless the 
vessel obtains permission from the Captain of the Port.
    (4) The Captain of the Port may, upon application, assign a vessel 
to a specific berth within an anchorage for a specified period of time.
    (5) The Captain of the Port may grant a revocable permit to a vessel 
for a habitual use of a berth. Only the vessel that holds the revocable 
permit may use the berth during the period that the permit is in effect.
    (6) The Commander, Fifth Coast Guard District, may authorize the 
establishment and placement of temporary mooring buoys within a berth. 
Placement of a fixed structure within an anchorage may be authorized by 
the District Engineer, U.S. Army Corps of Engineers.
    (7) If an application is for the long-term lay up of a vessel, the 
Captain of the Port may establish special conditions in the permit with 
which the vessel must comply.
    (8) Upon notification by the Captain of the Port to shift its 
position within an anchorage, a vessel at anchor must get underway at 
once or signal for a tug. The vessel must move to its new location 
within 2 hours after notification.
    (9) The Captain of the Port may prescribe specific conditions for 
vessels anchoring within the anchorages described in this section, 
including, but not limited to, the number and location of anchors, scope 
of chain, readiness of engineering plant and equipment, usage of tugs, 
and requirements for maintaining communications guards on selected radio 
frequencies.
    (10) A vessel that does not have a sufficient crew on board to weigh 
anchor at any time must have two anchors in place, unless the Captain of 
the Port waives this requirement. Members of the crew may not be 
released until the required anchors have been set.
    (11) No vessel at anchor or at a mooring within an anchorage may 
transfer oil to another vessel unless the vessel has given the Captain 
of the Port the four hours advance notice required by Sec.  156.118 of 
this title.
    (12) Barges may not anchor in the deeper portions of anchorages or 
interfere with the anchoring of deep-draft vessels.
    (13) Barges towed in tandem to an anchorage must be nested together 
when anchored.
    (14) Any vessel anchored or moored in an anchorage adjacent to the 
Chesapeake Bay Bridge Tunnel or Monitor-Merrimac Bridge Tunnel (MMBT) 
must be capable of getting underway within 30 minutes with sufficient 
power to keep free of the bridge tunnel complex.
    (15) A vessel may not anchor or moor in an anchorage adjacent to the 
Chesapeake Bay Bridge Tunnel or Monitor-Merrimac Bridge Tunnel (MMBT) if 
its steering or main propulsion equipment is impaired.

[[Page 515]]

    (d) Regulations for vessels handling or carrying dangerous cargoes 
or Class 1 (explosive) materials. This paragraph applies to every 
vessel, except a naval vessel, handling or carrying dangerous cargoes or 
Class 1 (explosive) materials.
    (1) Unless otherwise directed by the Captain of the Port, each 
commercial vessel handling or carrying dangerous cargoes or Class 1 
(explosive) materials must be anchored or moored within Anchorage Berth 
E-1.
    (2) Each vessel, including each tug and stevedore boat, used for 
loading or unloading dangerous cargoes or Class 1 (explosive) materials 
in an anchorage, must have permission issued by the Captain of the Port.
    (3) The Captain of the Port may require every person having business 
aboard a vessel handling or carrying dangerous cargoes or Class 1 
(explosive) materials while in an anchorage, other than a member of the 
crew, to hold a form of valid identification.
    (4) Each person having business aboard a vessel handling or carrying 
dangerous cargoes or Class 1 (explosive) materials while in an 
anchorage, other than a member of the crew, must present the 
identification prescribed by paragraph (d)(3) of this section to any 
Coast Guard boarding officer who requests it.
    (5) Each non-self-propelled vessel handling or carrying dangerous 
cargoes or Class 1 (explosive) materials must have a tug in attendance 
at all times while at anchor.
    (6) Each vessel handling or carrying dangerous cargoes or Class 1 
(explosive) materials while at anchor must display by day a red flag 
(Bravo flag) in a prominent location and by night a fixed red light.
    (e) Regulations for Specific Anchorages--(1) Anchorages A, B, C, and 
D. Except for a naval vessel, military support vessel, or vessel in an 
emergency situation, a vessel may not anchor in Anchorages A, B, C, or D 
without the permission of the Captain of the Port. The Captain of the 
Port must consult with the Commander, Naval Amphibious Base Little 
Creek, before granting a vessel permission to anchor in Anchorages A, B, 
C, or D.
    (2) Anchorage E. (i) A vessel may not anchor in Anchorage E without 
permission from the Captain of the Port.
    (ii) The Captain of the Port must give commercial vessels priority 
over naval and public vessels.
    (iii) The Captain of the Port may at any time revoke permission to 
anchor in Anchorage E issued under the authority of paragraph (e)(4)(i) 
of this section.
    (iv) A vessel may not anchor in Anchorage Berth E-1, unless it is 
handling or carrying dangerous cargoes or Class 1 (explosive) materials.
    (v) A vessel may not anchor within 500 yards of Anchorage Berth E-1 
without the permission of the Captain of the Port, if the berth is 
occupied by a vessel handling or carrying dangerous cargoes or Class 1 
(explosive) materials.
    (3) Anchorage F. A vessel having a draft less than 45 feet may not 
anchor in Anchorage F without the permission of the Captain of the Port. 
No vessel may anchor in Anchorage F for a longer period than 72 hours 
without permission from the Captain of the Port. Vessels expecting to be 
at anchor for more than 72 hours must obtain permission from the Captain 
of the Port.
    (4) Anchorage G. (i) Except for a naval vessel, a vessel may not 
anchor in Anchorage G without the permission of the Captain of the Port.
    (ii) When handling or transferring Class 1 (explosive) materials in 
Anchorage G, naval vessels must comply with Department of Defense 
Ammunition and Explosives Safety Standards, or the standards in this 
section, whichever are the more stringent.
    (iii) When barges and other vessels are berthed at the Ammunition 
Barge Mooring Facility, located at latitude 36 deg.5834" N, longitude 
76 deg.2112" W., no other vessel, except a vessel that is receiving or 
offloading Class 1 (explosive) materials, may anchor within 1,000 yards 
of the Ammunition Barge Mooring Facility. Vessels transferring class 1 
(explosive) materials must display by day a red flag (Bravo flag) in a 
prominent location and by night a fixed red light.

[[Page 516]]

    (iv) Whenever a vessel is handling or transferring Class 1 
(explosive) materials while at anchor in Anchorage G, no other vessel 
may anchor in Anchorage G without the permission of the Captain of the 
Port. The Captain of the Port must consult with the Commander, Naval 
Station Norfolk, before granting a vessel permission to anchor in 
Anchorage G.
    (v) A vessel located within Anchorage G may not handle or transfer 
Class 1 (explosive) materials within 400 yards of Norfolk Harbor 
Entrance Reach.
    (vi) A vessel may not handle or transfer Class 1 (explosive) 
materials within 850 yards of another anchored vessel, unless the other 
vessel is also handling or transferring Class 1 (explosive) materials.
    (vii) A vessel may not handle or transfer Class 1 (explosive) 
materials within 850 yards of Anchorage F or H.
    (5) Anchorage I: Anchorage Berths I-1 and I-2. A vessel that is 500 
feet or less in length or that has a draft of 30 feet or less may not 
anchor in Anchorage Berth I-1 or I-2 without the permission of the 
Captain of the Port.
    (6) Anchorage K: Anchorage Berths K-1 and K-2. A vessel that is 500 
feet or less in length or that has a draft of 30 feet or less may not 
anchor in Anchorage Berth K-1 or K-2 without the permission of the 
Captain of the Port.
    (7) Anchorage N. Portions of this anchorage are a special anchorage 
area under Sec.  110.72aa of this part during marine events regulated 
under Sec.  100.501 of this chapter.
    (8) Anchorage O. (i) A vessel may not anchor in Anchorage O unless 
it is a recreational vessel.
    (ii) No float, raft, lighter, houseboat, or other craft may be laid 
up for any reason in Anchorage O without the permission of the Captain 
of the Port.
    (9) Anchorage Q: Quarantine Anchorage. (i) A vessel that is arriving 
from or departing for sea and that requires an examination by public 
health, customs, or immigration authorities shall anchor in Anchorage Q. 
Vessels not needing examination may use Anchorage Q at any time.
    (ii) Every vessel using Anchorage Q must be prepared to move 
promptly under its own power to another location when directed by the 
Captain of the Port, and must promptly vacate Anchorage Q after being 
examined and released by authorities.
    (iii) Any non-self-propelled vessel using Anchorage Q must have a 
tugboat in attendance while undergoing examination by quarantine, 
customs, or immigration authorities, except with the permission of the 
Captain of the Port.

[CGD05-04-043, 70 FR 29955, May 25, 2005, as amended by USCG-2008-0041, 
73 FR 5746, Jan. 31, 2008; USCG-2005-21869, 80 FR 5330, Jan. 30, 2015]



Sec.  110.170  Lockwoods Folly Inlet, N.C.

    (a) Explosives Anchorage. Beginning at a point southeast of 
Shallotte Inlet at latitude 33 deg.5231", longitude 78 deg.1849"; 
thence south to latitude 33 deg.5131", longitude 78 deg.1842"; thence 
east to latitude 33 deg.5151", longitude 78 deg.1435"; thence north to 
latitude 33 deg.5252", longitude 78 deg.1440"; thence west to the 
point of beginning.
    (b) General regulations. (1) This anchorage is reserved for the 
exclusive use of vessels carrying explosives.
    (2) Vessels in this anchorage shall not anchor closer than 1,500 
yards to one another. This provision is not intended to prohibit barges 
or lighters from lying alongside vessels for transfer of cargo.
    (3) The maximum quantity of explosives aboard any vessel that may be 
in this anchorage is 8,000 tons.
    (4) Nothing in this section shall be construed as relieving the 
owner, master, or person in charge of any vessel from the penalties of 
the law for obstructing navigation or for not complying with the 
navigation laws in regard to lights, fog signals, etc.

[CGFR 69-1, 34 FR 839, Jan. 18, 1969]



Sec.  110.173  Port of Charleston, SC.

    (a) The anchorage grounds--(1) Commercial Anchorage A. This 
anchorage is located adjacent to the western edge of Folly Island 
Channel and southwest of Rebellion Reach and is bounded by the following 
coordinates:

32 deg.4534" N., 79 deg.5212" W.; to
32 deg.4617" N., 79 deg.5321" W.; to
32 deg.4551" N., 79 deg.5323" W.; to
32 deg.4534" N., 79 deg.5255" W.; thence back to
32 deg.4534" N., 79 deg.5212" W.


[[Page 517]]


    (2) Commercial Anchorage B. This anchorage is located adjacent to 
the south side of South Channel and bounded by the following 
coordinates:

32 deg.4528" N., 79 deg.5340" W.; to
32 deg.4528" N., 79 deg.5446" W.; to
32 deg.4519" N., 79 deg.5446" W.; to
32 deg.4512" N., 79 deg.5406" W.; to
32 deg.4516" N., 79 deg.5340" W.; thence back to
32 deg.4528" N., 79 deg.5340" W.

    (3) Commercial Anchorage C. This anchorage is located 1800 yards, 
118 deg. true from St. Michaels Church Spire and has a diameter of 500 
yards. Vessels using this anchorage must anchor in the center.
    (4) Commercial Anchorage D. This anchorage is located 51 deg.30 
true, 1375 yards from St. Michaels Church Spire and has a diameter of 
1400 feet. The use of this anchorage is limited to loaded vessels for a 
period of not more than 24 hours.
    (b) The regulations. (1) Except in cases of great emergency, no 
vessel shall be anchored in the main ship channels as defined by broken 
lines marking their boundaries on NOAA Chart 11524. Vessels must be 
anchored in such a way as not to interfere with the free navigation of 
channels in the port, including Cooper, Ashley, Wando Rivers, and Town 
Creek, nor to obstruct the approach to any pier or entrance to any slip, 
nor to impede the movement of any vessel or craft.
    (2) Vessels using the anchorages opposite the eastern waterfront of 
Charleston shall place their anchors as near as possible in the center 
of the anchorage. Vessels not using a designated commercial anchorage 
shall not place their anchors within the main ship channels, nor shall 
be so anchored as to swing within 400 feet of any wharf or pier on the 
eastern waterfront of Charleston. Vessels may be so anchored as to swing 
into the main ship channels only if they are so placed with reference to 
the customary winds, tides, and currents of the harbor, as to swing only 
during slack water, and that during this period there shall remain in 
the waters adjacent to the channel an area of sufficient depth as to 
permit the safe passage of loaded vessels.
    (3) No vessel may anchor within the designated anchorages for more 
than 72 hours without the prior approval of the Captain of the Port.
    (4) No vessel may anchor unless it maintains a bridge watch, guards 
and answers Channel 16 FM, and maintains an accurate position plot.
    (5) If any anchored vessel is so close to another that a collision 
is probable, each vessel must communicate with the other vessel and the 
Captain of the Port on Channel 16 FM and shall act to eliminate the 
close proximity situation.
    (6) No vessel may anchor unless it maintains the capability to get 
underway within 4 hours.
    (7) No vessel may anchor in a ``dead ship'' status (propulsion or 
control unavailable for normal operations) without the prior approval of 
the Captain of the Port.
    (8) Dragging of anchors in or across main ship channels and cable 
areas is prohibited.
    (9) Vessels which, through force of great emergency, are anchored 
contrary to the foregoing regulations in this section shall be shifted 
to new berths in accordance with such regulations at the earliest 
opportunity.
    (10) A vessel, upon notification from the Captain of the Port to 
shift its position in anchorage grounds must get underway at once or 
signal for a tug, and must change position as directed with reasonable 
promptness.
    (11) No vessel may conduct lightering operations in an anchorage 
without permission from the Captain of the Port.
    (12) When the use of an anchorage is required by naval vessels, the 
vessels anchored therein shall move when the Captain of the Port directs 
them.
    (13) Nothing in this section shall be construed as relieving the 
owner or person in charge of any vessel from the penalties of law for 
obstructing navigation, or for obstructing or interfering with range 
lights, or for not complying with the navigation laws in regard to 
lights, fog signals, etc.

[CGD7 83-15, 49 FR 26587, June 28, 1984]



Sec.  110.179  Skidaway River, Isle of Hope, Ga.

    (a) The anchorage ground. An area in Skidaway River beginning at a 
point on the mean low water line 400 feet

[[Page 518]]

south of Brady Boat Works, thence 76 deg.30, 300 feet to a buoy; thence 
152 deg.30, 900 feet to a buoy; thence 251 deg.00, 450 feet to the 
mean low water line at Wymberly Yacht Club dock.
    (b) The regulations. (1) Except in cases of great emergency, no 
vessels shall anchor in Skidaway River between the north end of Barbee's 
dock and southward to Day Marker 48 except in the anchorage area hereby 
defined and established: Provided, however, That vessels may moor to any 
lawfully constructed wharf.
    (2) Except in cases of great emergency, no vessel shall be anchored 
where it can swing within 50 feet of any lawfully constructed wharf or 
within 50 feet of the mean low water line, nor shall any vessel be so 
anchored that any portion of the hull or rigging shall at any time 
extend outside the boundary of the anchorage area.
    (3) Any vessel anchoring under circumstances of great emergency 
outside the anchorage area should be placed in such a position as not to 
interfere with the free navigation of the channel nor obstruct the 
approach to any lawfully constructed wharf nor impede the movement of 
any boat, and shall move away immediately after the emergency ceases or 
upon notification of the District Commander.
    (4) No vessels with an overall length greater than 65 feet will use 
the anchorage area except in cases of great emergency.
    (5) Vessels operating within the anchorage area will not exceed a 
speed of five (5) miles per hour.



Sec.  110.182  Atlantic Ocean off Fort George Inlet, near Mayport, Fla.

    (a) The Anchorage areas--(1) Anchorages for aircraft carriers and 
other deep draft vessels. Four circular areas each with a radius of 600 
yards and with their centers located at: ``A''--latitude 30 deg.2535", 
longitude 81 deg.2123"; ``B''--latitude 30 deg.2613", longitude 
81 deg.2113"; ``C''--latitude 30 deg.2619", longitude 81 deg.2027"; 
``D''--latitude 30 deg.2655", longitude 81 deg.2047".
    (2) Anchorages for destroyers and other ships of similar size. Six 
circular areas each with a radius of 300 yards and with their centers 
located at: ``1''--latitude 30 deg.2438"; longitude 81 deg.2157"; 
``2''--latitude 30 deg.2457", longitude 81 deg.2158"; ``3''--latitude 
30 deg.2456", longitude 81 deg.2138"; ``4''--latitude 30 deg.2513", 
longitude 81 deg.2205"; ``5''--latitude 30 deg.2513", longitude 
81 deg.2143"; ``6''--latitude 30 deg.2507", longitude 81 deg.2124".
    (3) Explosives anchorage. The circular area ``A'' described in 
paragraph (a)(1) of this section is also designated as an explosives 
anchorage for use during periods when ammunition must be handled outside 
the limits of the U.S. Naval Station, Mayport, Fla.
    (b) The regulations for all designated areas. (1) Usage of these 
areas by naval vessels shall predominate only when necessary for 
military requirements; at such times other vessels shall remain clear of 
the areas.
    (2) Prudent assignment of the anchorage areas shall be made by the 
Commanding Officer, U.S. Naval Station, Mayport, Fla.
    (c) Additional regulations for Explosives Anchorage Area ``A''. (1) 
When occupied by a vessel handling explosives, no other vessel may enter 
the area unless authorized by the enforcing agency.
    (2) Only one vessel handling explosives may anchor in the area at 
one time. A patrol craft shall be utilized to assure that other vessels 
remain clear when explosives are exposed or being transferred to and 
from the anchorage.
    (3) No more than 500,000 pounds net high explosives or equivalent 
may be exposed in the area at any one time.
    (d) The regulations in this section shall be enforced by the 
Commanding Officer, U.S. Naval Station, Mayport, Fla., or other agencies 
that he may designate.



Sec.  110.183  St. Johns River, Florida.

    (a) The anchorage grounds--(1) Anchorage A. (Upper Anchorage) The 
Anchorage is established within the following coordinates, the area 
enclosed by a line starting at the south shore westerly of the entrance 
to Miller Creek at

30 deg.1843.8" N, 081 deg.3815.0" W; thence to
30 deg.1852.8" N, 081 deg.3815.0" W; thence to
30 deg.1847.6" N, 081 deg.3747.6" W; thence to
30 deg.1855.0" N, 081 deg.3729.0" W; thence to
30 deg.1906.0" N, 081 deg.3727.0" W; thence to
30 deg.1906.0" N, 081 deg.3702.0" W; thence to
30 deg.1901.2" N, 081 deg.3702.0" W; thence returning to the point of 
beginning.


[[Page 519]]


    (2) Anchorage B. (Lower Anchorage) The Anchorage is established 
within the following coordinates, the area enclosed by a line starting 
at a point on the eastern shore of the river at `Floral Bluff' at

30 deg.2100.0" N, 081 deg.3641.0" W; thence to
30 deg.2000.0" N, 081 deg.3703.0" W; thence to
30 deg.2100.0" N, 081 deg.3706.0" W; thence to
30 deg.2150.0" N, 081 deg.3656.0" W; thence to
30 deg.2154.0" N, 081 deg.3648.0" W; thence returning to the point of 
    beginning.

    (b) The regulations. (1) Except in cases of emergency, only vessels 
meeting the conditions and restrictions of this paragraph will be 
authorized by the Captain of the Port to anchor in the St. Johns River, 
as depicted on NOAA chart 11491, between the entrance buoy (STJ) and the 
Main Street Bridge (in position 30 deg.1920" N, 81 deg.3932" W). 
Vessels unable to meet any of the following conditions and restrictions 
must obtain specific authorization from the Captain of the Port prior to 
anchoring in Anchorage A or B.
    (2) All vessels intending to enter and anchor in Anchorage A or B 
shall notify the Captain of the Port prior to entering.
    (3) Anchorages A and B are temporary anchorages. Additionally, 
Anchorage B is used as a turning basin. Vessels may not anchor for more 
than 24 hours in either anchorage without specific written authorization 
from the Captain of the Port.
    (4) All vessels at anchor must maintain a watch on VHF-FM channels 
13 and 16 by a person fluent in English, and shall make a security 
broadcast on channel 13 upon anchoring and every 4 hours thereafter.
    (5) Anchorage A is restricted to vessels less than 250 feet in 
length.
    (6) Anchorage B is restricted to vessels with a draft of 24 feet or 
less, regardless of length.
    (7) Any vessel transferring petroleum products within Anchorage B 
shall have a pilot or Docking Master aboard, and employ sufficient 
assist tugs to assure the safety of the vessel at anchor and any vessels 
transiting the area.
    (8) Any vessel over 300 feet in length within Anchorage B shall have 
a Pilot or Docking Master aboard, and employ sufficient assist tugs to 
assure the safety of the vessel at anchor and any vessels transiting the 
area.

[CGD07-93-035, 60 FR 14220, Mar. 16, 1995, as amended by CGD07-99-023, 
64 FR 42279, Aug. 4, 1999]



Sec.  110.185  Atlantic Ocean, off the Port of Palm Beach, FL.

    (a) The anchorage grounds. (1) Anchorage A. The waters lying within 
an area bounded by a line beginning at latitude 26 deg.5000" N., 
longitude 80 deg.0112" W.; thence westerly to latitude 26 deg.5000" 
N., longitude 80 deg.0130" W.; thence southerly to latitude 
26 deg.4730" N., longitude 80 deg.0130" W.; thence easterly to 
latitude 26 deg.4730" N., longitude 80 deg.0112" W.; and thence 
northerly to the point of beginning.
    (2) Anchorage B. The waters lying within an area bounded by a line 
beginning at latitude 26 deg.4506" N., longitude 80 deg.0112" W.; 
thence westerly to latitude 26 deg.4506" N., longitude 80 deg.0142" 
W.; thence southerly to latitude 26 deg.4348" N., longitude 
80 deg.0142" W.; thence easterly to latitude 26 deg.4348" N., 
longitude 80 deg.0112" W.; and thence northerly to the point of 
beginning.
    (b) The regulations. (1) Vessels in the Atlantic Ocean near Lake 
Worth Inlet awaiting berthing space at the Port of Palm Beach, shall 
only anchor within the anchorage areas hereby defined and established, 
except in cases of great emergency.
    (2) Vessels anchoring under circumstances of great emergency outside 
the anchorage areas shall be shifted to new positions within the 
anchorage areas immediately after the emergency ceases.

[CGD 7-85-10, 51 FR 11726, Apr. 7, 1986]



Sec.  110.186  Port Everglades, Florida.

    (a) The anchorage grounds. The anchorage grounds, the center of 
which is located approximately two and one half miles northeast of the 
entrance to Port Everglades, is an area bounded by a line connecting 
points with the following North American Datum 83 coordinates:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
26-0826.934" N............................  080-0428.240" W
26-0808.560" N............................  080-0416.158" W
26-0756.000" N............................  080-0417.486" W
26-0756.000" N............................  080-0242.623" W

[[Page 520]]

 
26-0719.500" N............................  080-0253.153" W
26-0719.500" N............................  080-0428.800" W
26-0635.160" N............................  080-0428.800" W
26-0635.160" N............................  080-0438.694" W
26-0826.934" N............................  080-0428.240" W
------------------------------------------------------------------------

    (b) The regulations. (1) Commercial vessels in the Atlantic Ocean in 
the vicinity of Port Everglades shall anchor only within the anchorage 
area hereby defined and established, except in cases of emergency.
    (2) Prior to entering the anchorage area, all vessels shall notify 
the Coast Guard Captain of the Port, via the Port Everglades 
Harbormaster, on VHF-FM Channel 14.
    (3) All vessels within the designated anchorage area shall maintain 
a 24-hour bridge watch by a licensed or credentialed deck officer 
proficient in English, monitoring VHF-FM channel 16. This individual 
shall confirm that the ship's crew performs frequent checks of the 
vessel's position to ensure the vessel is not dragging anchor.
    (4) Vessels may anchor anywhere within the designated anchorage area 
provided that: such anchoring does not interfere with the operations of 
any other vessels currently at anchorage; and all anchor and chain or 
cable is positioned in such a manner to preclude dragging over reefs.
    (5) No vessel may anchor in a ``dead ship'' status (i.e. propulsion 
or control unavailable for normal operations) without the prior approval 
of the Captain of the Port. Vessels experiencing casualties such as a 
main propulsion, main steering or anchoring equipment malfunction or 
which are planning to perform main propulsion engine repairs or 
maintenance, shall immediately notify the Coast Guard Captain of the 
Port via Coast Guard Sector Miami on VHF-FM Channel 16.
    (6) No vessel may anchor within the designated anchorage for more 
than 72 hours without the prior approval of the Captain of the Port. To 
obtain this approval, contact the Coast Guard Captain of the Port, via 
the Port Everglades Harbor Master, on VHF-FM Channel 14.
    (7) The Coast Guard Captain of the Port may close the anchorage area 
and direct vessels to depart the anchorage during periods of adverse 
weather or at other times as deemed necessary in the interest of port 
safety or security.
    (8) Commercial vessels anchoring under emergency circumstances 
outside the anchorage area shall shift to new positions within the 
anchorage area immediately after the emergency ceases.
    (9) Whenever the maritime or commercial interests of the United 
States so require, the Captain of the Port, U.S. Coast Guard, Miami, 
Florida, may direct relocation of any vessel anchored within the 
anchorage area. Once directed, such vessel must get underway at once or 
signal for a tug, and must change position as directed.

[CGD 07-91-060, 58 FR 36356, July 7, 1993, as amended by CGD 07-99-003, 
64 FR 20177, Apr. 26, 1999; USCG-2006-25556, 72 FR 36328, July 2, 2007; 
USCG-2007-0036, 73 FR 6610, Feb. 5, 2008; USCG-2006-24371, 74 FR 11212, 
Mar. 16, 2009]



Sec.  110.188  Atlantic Ocean off Miami and Miami Beach, Fla.

    (a) The anchorage grounds. The area to the eastward of a line 
bearing 12 deg. (N. 12 deg. E.) through a point X, which is 1\1/2\ 
nautical miles due east of the intersection of the Miami Beach shore 
line with the north jetty; to the northward of a line bearing 102 deg. 
(S. 78 deg. E.) and intersecting the 12 deg. line at a point A, one-half 
nautical mile north of the said point X; and to the southward of a line 
bearing 102 deg. (S. 78 deg. E.) and intersecting the 12 deg. line at a 
point B, 2\1/2\ nautical miles north of the said point X. The northern 
and southern extremities of the 12 deg. line are marked by spar buoys. 
The entire anchorage area lies north of the entrance channel to Miami 
Harbor.
    (b) The rules and regulations. (1) Except in cases of great 
emergency, no vessel shall be anchored in the Atlantic Ocean in the 
vicinity of the entrances to the approach channels leading to the cities 
of Miami Beach and Miami, Fla., outside of the anchorage area hereby 
defined and established--that is, they shall not anchor shoreward of the 
line first named nor southward of the second nor northward of the third 
line--but may anchor as far to the eastward as may be desired.
    (2) Any vessel anchoring under circumstances of great emergency 
outside of the anchorage area shall be shifted

[[Page 521]]

to new berths within the area immediately after the emergency ceases.
    (3) All vessels shall lie at anchor with as short a cable as 
conditions will permit.
    (4) A vessel upon being notified to move into the anchorage limits 
or to shift its position on the anchorage ground must get under way at 
once or signal for a tug, and must change position as directed with 
reasonable promptness.
    (5) Whenever the maritime or commercial interests of the United 
States so require, the Captain of the Port, U.S. Coast Guard, Miami, 
Fla., is hereby empowered to shift the position of any vessel anchored 
on the anchorage ground or outside thereof, or of any vessel moored or 
anchored so as to impede or obstruct vessel movements or obstruct or 
interfere with range lights.
    (6) Vessels carrying explosives shall be anchored only under a 
written permit issued by the Captain of the Port and at such point as he 
may direct.
    (7) Vessels carrying explosives shall be at all times in charge of a 
competent person, and must display by day a red flag, of not less than 
16 square feet, at the masthead, or not less than 10 feet above the 
upper deck if the vessel has no mast; at night a red light shall be 
displayed in the positions specified for the red flag.
    (8) Nothing in this paragraph shall be construed as relieving the 
owner or person in charge of any vessel from the penalties of the law 
for obstructing navigation, or for obstructing or interfering with range 
lights, or for not complying with the navigation laws in regard to 
lights, fog signals, or other aids to navigation, or for otherwise 
violating law.
    (9) All vessels desiring to use the Anchorage must notify the Coast 
Guard Captain of the Port, via the Biscayne Bay Pilots on VHF-FM Channel 
12 or 16.
    (10) All vessels anchored within the anchorage area shall maintain a 
24-hour bridge watch by an English speaking licensed or credentialed 
deck officer monitoring VHF-FM Channel 16. This individual shall perform 
frequent checks of the vessel's position to ensure the vessel is not 
dragging anchor.
    (11) Vessels experiencing casualties such as a main propulsion, main 
steering or anchoring equipment malfunction or which are planning to 
perform main propulsion engine repairs or maintenance, shall immediately 
notify the Coast Guard Captain of the Port via the Coast Guard Sector 
Miami on VHF-FM Channel 16.
    (12) The Coast Guard Captain of the Port may close the anchorage 
area and direct vessels to depart the anchorage during periods of 
adverse weather or at other times as deemed necessary in the interest of 
port safety.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD07-99-002, 64 
FR 22554, Apr. 27, 1999; USCG-2006-25556, 72 FR 36328, July 2, 2007; 
USCG-2006-24371, 74 FR 11212, Mar. 16, 2009]

    Effective Date Note: By USCG-2015-0729, 82 FR 27775, June 19, 2017, 
Sec.  110.188 was revised, effective July 19, 2017. For the convenience 
of the user, the revised text is set forth as follows:



Sec.  110.188  Atlantic Ocean off Miami and Miami Beach, Fla.

    (a) The anchorage areas. (1) Anchorage A. All area of the Atlantic 
Ocean, encompassed by a line connecting the points of the following 
North America Datum 83 coordinates:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
254757.687" N.                       0800537.225" W.
254757.341" N.                       0800526.466" W.
254631.443" N.                       0800527.069" W.
254631.557" N.                       0800537.868" W.
------------------------------------------------------------------------

    (2) Anchorage B. All area of the Atlantic Ocean, encompassed by a 
line connecting the points of the following North America Datum 83 
coordinates:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
254813.841" N.                       0800459.155" W.
254804.617" N.                       0800404.582" W.
254632.712" N.                       0800428.387" W.
254643.770" N.                       0800502.360" W.
------------------------------------------------------------------------

    (b) The regulations. (1) Vessels in the Atlantic Ocean in the 
vicinity of Port of Miami must anchor only within the anchorage areas 
hereby defined and established, except in cases of emergency.
    (2) Prior to entering the anchorage areas, all vessels must notify 
the Coast Guard Captain of the Port via VHF-FM channel 16.
    (3) All vessels within the designated anchorages must maintain a 24-
hour bridge watch by a licensed or credentialed deck officer proficient 
in English, monitoring VHF-FM channel 16. This individual must confirm 
that the ship's crew performs frequent

[[Page 522]]

checks of the vessel's position to ensure the vessel is not dragging 
anchor.
    (4) Vessels may anchor anywhere within the designated anchorage 
areas provided that: Such anchoring does not interfere with the 
operations of any other vessels currently at anchorage; and all anchor 
and chain or cable is positioned in such a manner to preclude dragging 
over reefs.
    (5) No vessel may anchor in a ``dead ship'' status (that is, 
propulsion or control unavailable for normal operations) without the 
prior approval of the Captain of the Port. Vessels experiencing 
casualties, such as main propulsion, main steering, or anchoring 
equipment malfunction, or which are planning to perform main propulsion 
engine repairs or maintenance, must immediately notify the Coast Guard 
Captain of the Port via Coast Guard Sector Miami on VHF-FM channel 16.
    (6) No vessel may anchor within the designated anchorages for more 
than 72 hours without the prior approval of the Captain of the Port. To 
obtain this approval, contact the Coast Guard Captain of the Port via 
VHF-FM channel 16.
    (7) The Coast Guard Captain of the Port may close the anchorage 
areas and direct vessels to depart the anchorage during periods of 
adverse weather or at other times as deemed necessary in the interest of 
port safety or security.
    (8) Commercial vessels anchoring under emergency circumstances 
outside the anchorage areas must shift to new positions within the 
anchorage areas immediately after the emergency ceases.
    (9) Whenever the maritime or commercial interests of the United 
States so require, the Captain of the Port, U.S. Coast Guard, Miami, 
Florida, may direct relocation of any vessel anchored within the 
anchorage areas. Once directed, such vessel must get underway at once or 
signal for a tug, and must change position as directed.



Sec.  110.189a  Key West Harbor, Key West, Fla., naval explosives
anchorage area.

    (a) The anchorage ground. A circular area with its center at 
latitude 24 deg.3050.6", longitude 81 deg.5031.6" with a radius of 300 
yards, for use for ammunition exceeding the prescribed limits for pier-
side handling.
    (b) The regulations. (1) When occupied by a vessel handling 
explosives, no other vessel may enter the area unless authorized by the 
enforcing agency.
    (2) Only one vessel handling explosives may anchor in the area at 
one time.
    (3) No more than 300,000 pounds net of high explosives or equivalent 
may be handled in the area at any one time.
    (4) The regulations in this section shall be enforced by the 
Commander, U.S. Naval Base, Key West, Fla., and any other agencies he 
may designate.



Sec.  110.190  Tortugas Harbor, in vicinity of Garden Key, 
Dry Tortugas, Fla.

    (a) The anchorage grounds. All of Bird Key Harbor, southwest of 
Garden Key, bounded by the surrounding reefs and shoals and, on the 
northeast, by a line extending from Fort Jefferson West Channel 
Daybeacon 2 to Fort Jefferson West Channel Daybeacon 4, thence to Fort 
Jefferson West Channel Daybeacon 6, and thence to Fort Jefferson West 
Channel Daybeacon 8.
    (b) The regulations. Except in cases of emergency involving danger 
to life or property, no vessel engaged in commercial fishing or 
shrimping shall anchor in any of the channels harbors, or lagoons in the 
vicinity of Garden Keys, Bush Key, or the surrounding shoals, outside of 
Bird Key Harbor.



Sec.  110.193  Tampa Bay, Fla.

    (a) The anchorage grounds--(1) Explosives anchorage east of Mullet 
Key. A rectangular area in Tampa Bay, approximately 4,459 yards long and 
1,419 yards wide, beginning at latitude 27 deg.3830", longitude 
82 deg.3909", and extending northeasterly to latitude 27 deg.3948", 
longitude 82 deg.3715"; thence southeasterly to latitude 27 deg.3917", 
longitude 82 deg.3646"; thence southwesterly to latitude 27 deg.3752", 
longitude 82 deg.3838"; thence northwesterly to the point of beginning.
    (2) Temporary explosives anchorage south of Interbay Peninsula. 
Beginning at a point bearing 107 deg., 1,750 yards from Cut ``F'' Range 
Front Light; thence to a point bearing 125 deg., 2,050 yards, from Cut 
``F'' Range Front Light; thence to a point bearing 180 deg., 1,725 
yards, from Cut ``F'' Range Front Light; thence to a point bearing 
222 deg., 2,180 yards, from Cut ``F'' Range Front Light; thence to a 
point bearing 251 deg., 1,540 yards, from Cut ``F'' Range Front Light; 
and thence to the point of beginning.

[[Page 523]]

    (3) Temporary explosives anchorage off Port Tampa. A circular area 
with a radius of 200 yards with the point at latitude 27 deg.5022", 
longitude 82 deg.3415".
    (4) Quarantine Anchorage. Southeast of the temporary explosive 
anchorage, beginning at a point bearing 97 deg. true, 4,370 yards, from 
Cut ``F'' Range Front Light; thence to a point bearing 113 deg.30, 
5,370 yards, from Cut ``F'' Range Front Light; thence to a point bearing 
161 deg.30, 3,770 yards, from Cut ``F'' Range Front Light; thence to a 
point bearing 163 deg.30, 2,070 yards, from Cut ``F'' Range Front 
Light; thence to the point of beginning.
    (5) Barge Fleeting Area, Hillsborough Bay. Located 400 feet west of 
Cut ``D'' Channel at a point beginning at latitude 27 deg.5434", 
longitude 82 deg.2635"; thence northerly 1,000 feet to latitude 
27 deg.5443", longitude 82 deg.2640"; thence westerly 500 feet to 
latitude 27 deg.5441", longitude 82 deg.2645"; thence southerly 1,000 
feet to latitude 27 deg.5432", longitude 82 deg.2640"; thence easterly 
500 feet to the point of beginning.

    Note: This area is reserved for transient barges only. Barges shall 
not occupy this anchorage for a period longer than 96 hours unless 
permission is obtained from the Captain of the Port for this purpose.

    (b) The regulations. (1) The explosives anchorage east of Mullet Key 
shall be used by vessels awaiting loading or unloading at Port Tampa 
that have explosives actually on board and where the duration of 
anchorage will exceed 72 hours.
    (2) The temporary explosives anchorages south of Interbay Peninsula 
and off Port Tampa shall be used for vessels engaged in loading 
explosives when the duration of the anchorage is less than 72 hours.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGFR 69-62, 34 FR 
11582, July 15, 1969; 34 FR 12255, July 15, 1969]



Sec.  110.193a  St. Joseph Bay, Fla.

    (a) The anchorage grounds--(1) Explosives Anchorage Area 1. A 
rectangular area 3,000 yards long by 700 yards wide beginning at a point 
1,350 yards west of U.S. Highway 98 Bridge over Gulf County Canal. The 
area is parallel to and 450 yards northeast of the north entrance 
channel to Port St. Joe, Florida.
    (2) Explosives Anchorage Area 2. A circular area with a 500-yard 
radius around a center point located at latitude 29 deg.4730"; 
longitude 85 deg.2130", 3,100 yards southeast of FW South Channel Light 
and 5,250 yards south of FW North Channel Light, in St. Joseph Bay, Port 
St. Joe, Florida.
    (b) The regulations. (1) The explosives anchorage areas shall be 
used as temporary anchorage for vessels engaged in loading and unloading 
explosives at the port of Port St. Joe, Florida, when the duration of 
the anchorage period is less than 96 hours.
    (2) No vessel shall occupy this anchorage without obtaining a permit 
from the Captain of the Port.



Sec.  110.194  Mobile Bay, Ala., at entrance.

    (a) The anchorage grounds. The waters within a radius of 750 yards 
from a point located 1,000 yards true north from Fort Morgan Light.
    (b) The regulations. (1) This anchorage shall be used by vessels 
loading or discharging high explosives. It shall also be used by vessels 
carrying dangerous or inflammable cargoes requiring an anchorage. It may 
be used for a general anchorage when not required for vessels carrying 
explosives or dangerous or inflammable cargoes.
    (2) No vessel shall occupy this anchorage without obtaining a permit 
from the Captain of the Port.



Sec.  110.194a  Mobile Bay, Ala., and Mississippi Sound, Miss.

    (a) The anchorage grounds. (1) The waters of lower Mobile Bay, near 
Cedar Point, within an area bounded on the north by latitude 
30 deg.2100", on the east by longitude 88 deg.0500", on the south by 
latitude 30 deg.2000", and on the west by longitude 88 deg.0600".
    (2) The waters of Mississippi Sound, south of Biloxi, within an area 
bounded on the north by latitude 30 deg.2000", on the east by longitude 
88 deg.5400", on the south by latitude 30 deg.1900", and on the west 
by longitude 88 deg.5500".
    (b) The regulations. (1) The anchorages are exclusively for the use 
of unmanned barges, canal boats, scows, and other nondescript vessels. 
Such craft shall be so anchored that they will not at any time extend 
outside the limits of the anchorages.

[[Page 524]]

    (2) In emergencies or whenever maritime or commercial interests of 
the United States so require, the Captain of the Port is authorized to 
shift the position of any craft in the anchorages.
    (3) Whenever in the opinion of the Captain of the Port, such action 
may be necessary, any or all craft in these anchorages may be required 
to be moored with two or more anchors.
    (4) No vessel shall be navigated within the anchorages at a speed 
exceeding six knots.



Sec.  110.194b  Mississippi Sound and Gulf of Mexico, near Petit
Bois Island, Miss.

    (a) The anchorage grounds--(1) Explosives Anchorage Area No. 1. A 
circular area with a one-half mile radius with its center located at 
latitude 30 deg.1409", longitude 88 deg.2913", in the waters of 
Mississippi Sound north of the west end of Petit Bois Island.
    (2) Explosives Anchorage Area No. 2. A circular area with a three-
fourths mile radius with its center located at latitude 30 deg.1112", 
longitude 88 deg.3007", in the waters of Gulf of Mexico south of the 
west end of Petit Bois Island.
    (b) The regulations. (1) The areas shall be used as temporary 
anchorages for vessels engaged in loading and unloading explosives at 
the Port of Pascagoula, Miss.
    (2) No vessel shall occupy the areas without obtaining a permit from 
the Captain of the Port.



Sec.  110.195  Mississippi River below Baton Rouge, LA, including 
South and Southwest Passes.

    (a) The Anchorage Grounds. Unless otherwise specified, all anchorage 
widths are measured from the average low water plane (ALWP).
    (1) Pilottown Anchorage. An area 5.2 miles in length along the right 
descending bank of the river from mile 1.5 to mile 6.7 above Head of 
Passes, extending in width to 1600 feet from the left descending bank of 
the river.

    Caution: A wreck is located within the boundaries of this anchorage. 
Mariners are urged to use caution in this anchorage.

    (2) Lower Venice Anchorage. An area 1.6 miles in length along the 
left descending bank of the river from mile 8.0 to mile 9.6 above Head 
of Passes with the west limit 1,200 feet from the ALWP of the right 
descending bank.

    Caution: A pipeline crossing exists at mile 9.8 AHOP. Mariners are 
urged to use caution between mile 9.6 AHOP and mile 10.0 AHOP.

    (3) Upper Venice Anchorage. An area 1.2 miles in length along the 
left descending bank of the river from mile 10.0 to mile 11.2 above Head 
of Passes with the west limit 1,200 feet from the ALWP of the right 
descending bank.
    (4) Boothville Anchorage. An area 5.5 miles in length along the 
right descending bank of the river extending from mile 13.0 to mile 18.5 
above Head of Passes. The width of the anchorage is 750 feet. The inner 
boundary of the anchorage is a line parallel to the nearest bank 250 
feet from the water's edge into the river as measured from the Low Water 
Reference Plane (LWRP). The outer boundary of the anchorage is a line 
parallel to the nearest bank 1,000 feet from the water's edge into the 
river as measured from the LWRP.
    (5) Ostrica Anchorage. An area 1.4 miles in length along the right 
descending bank of the river extending from mile 23.0 to mile 24.4 above 
Head of Passes. The width of the anchorage is 800 feet.
    (6) Port Sulphur Anchorage. An area 2.2 miles in length along the 
left descending bank of the river, 800 feet wide, extending from mile 
37.5 to mile 39.7 above Head of Passes.
    (7) Magnolia Anchorage. An area 2.1 miles in length along the right 
descending bank of the river extending from mile 45.5 to mile 47.6 above 
Head of Passes. The width of the anchorage is 700 feet. The inner 
boundary of the anchorage is a line parallel to the nearest bank 400 
feet from the water's edge into the river as measured from the LWRP. The 
outer boundary of the anchorage is a line parallel to the nearest bank 
1,100 feet from the water's edge into the river as measured from the 
LWRP.
    (8) Point Celeste Anchorage. An area 2.2 miles in length along the 
right descending bank of the river extending from mile 49.8 to mile 52.0 
above Head of Passes. The width of the anchorage is 400 feet. The inner 
boundary of the anchorage is a line parallel to the nearest bank 400 
feet from the water's edge into the river as measured from the

[[Page 525]]

LWRP. The outer boundary of the anchorage is a line parallel to the 
nearest bank 800 feet from the water's edge into the river as measured 
from the LWRP.
    (9) Davant Anchorage. An area 1.1 miles in length along the left 
descending bank of the river extending from mile 52.8 to mile 53.9 above 
Head of Passes. The width of the anchorage is 800 feet.
    (10) Alliance Anchorage. An area 2.0 miles in length along the right 
descending bank of the river extending from mile 63.8 to mile 65.8 above 
Head of Passes. The width of the anchorage is 400 feet. The inner 
boundary of the anchorage is a line parallel to the nearest bank 400 
feet from the water's edge into the river as measured from the LWRP. The 
outer boundary of the anchorage is a line parallel to the nearest bank 
800 feet from the water's edge into the river as measured from the LWRP.
    (11) Wills Point Anchorage. An area 1.1 miles in length along the 
left descending bank of the river extending from mile 66.5 to mile 67.6 
above Head of Passes. The width of the anchorage is 600 feet. The inner 
boundary of the anchorage is a line parallel to the nearest bank 200 
feet from the water's edge into the river as measured from the LWRP. The 
outer boundary of the anchorage is a line parallel to the nearest bank 
800 feet from the water's edge into the river as measured from the LWRP.
    (12) Cedar Grove Anchorage. An area, 1.34 miles in length along the 
right descending bank of the river extending from mile 69.56 to mile 
70.9 Above Head of Passes. The width of the anchorage is 500 feet. The 
inner boundary of the anchorage, mile 69.56 to mile 70.9, is a line 
parallel to the nearest bank 200 feet from the water's edge into the 
river as measured from the LWRP. The outer boundary of the anchorage is 
a line parallel to the nearest bank 700 feet from the water's edge into 
the river as measured from the LWRP.
    (13) Belle Chasse Anchorage. An area 2.1 miles in length along the 
right descending bank of the river extending from mile 73.1 to mile 75.2 
above Head of Passes. The width of the anchorage is 575 feet. The inner 
boundary of the anchorage is a line parallel to the nearest bank 425 
feet from the water's edge into the river as measured from the LWRP. The 
outer boundary of the anchorage is a line parallel to the nearest bank 
1,000 feet from the water's edge into the river as measured from the 
LWRP.
    (14) Lower 12 Mile Point Anchorage. An area 2.2 miles in length 
along the right descending bank of the river extending from mile 78.6 to 
mile 80.8 above Head of Passes. The width of the anchorage is 500 feet. 
The inner boundary of the anchorage is a line parallel to the nearest 
bank 300 feet from the water's edge into the river as measured from the 
LWRP. The outer boundary of the anchorage is a line parallel to the 
nearest bank 800 feet from the water's edge into the river as measured 
from the LWRP.
    (15) Lower 9 Mile Point Anchorage. An area 2.3 miles in length along 
the right descending bank of the river extending from mile 82.7 to mile 
85.0 above Head of Passes. The width of the anchorage is 500 feet. The 
inner boundary of the anchorage is a line parallel to the nearest bank 
300 feet from the water's edge into the river as measured from the LWRP. 
The outer boundary of the anchorage is a line parallel to the nearest 
bank 800 feet from the water's edge into the river as measured from the 
LWRP.

    Caution: A wreck is located within the boundaries of this anchorage. 
Mariners are urged to use caution in this anchorage.

    (16) New Orleans Emergency Anchorage. An area 0.5 miles in length 
along the right descending bank of the river extending from mile 89.6 to 
mile 90.1 above Head of Passes. The width of the anchorage is 550 feet. 
The inner boundary of the anchorage is a line parallel to the nearest 
bank 250 feet from the water's edge into the river as measured from the 
LWRP. The outer boundary of the anchorage is a line parallel to the 
nearest bank 800 feet from the water's edge into the river as measured 
from the LWRP.

    Note: No vessel shall occupy this anchorage unless expressly 
authorized by the Captain of the Port. No vessel may anchor in this 
anchorage exceeding 24 hours without the authorization of the Captain of 
the Port.


[[Page 526]]


    (17) New Orleans General Anchorage. An area 0.8 miles in length 
along the right descending bank of the river extending from mile 90.1 to 
mile 90.9 above Head of Passes. The width of the anchorage is 550 feet. 
The inner boundary of the anchorage is a line parallel to the nearest 
bank 250 feet from the water's edge into the river as measured from the 
LWRP. The outer boundary of the anchorage is a line parallel to the 
nearest bank 800 feet from the water's edge into the river as measured 
from the LWRP.
    (18) Quarantine Anchorage. An area 0.7 miles in length along the 
right descending bank of the river extending from mile 90.9 to mile 91.6 
above Head of Passes. The width of the anchorage is 800 feet.

    Caution: A wreck is located within the boundaries of this anchorage. 
Mariners are urged to use caution in this anchorage.

    Note: Vessels carrying cargos of particular hazard as defined in 33 
CFR 126.10 or cargos of petroleum products in bulk may not be anchored 
in the New Orleans General Anchorage or the Quarantine Anchorage without 
permission from the Captain of the Port.

    Except when required by the United States Public Health Service for 
quarantine inspection, the Quarantine Anchorage may be used as a general 
anchorage.

    (19) Lower Kenner Bend Anchorage. An area 1.0 miles in length along 
the right descending bank of the river extending from mile 113.3 to mile 
114.3 above Head of Passes. The width of the anchorage is 350 feet. The 
inner boundary of the anchorage is a line parallel to the nearest bank 
350 feet from the water's edge into the river as measured from the LWRP. 
The outer boundary of the anchorage is a line parallel to the nearest 
bank 700 feet from the water's edge into the river as measured from the 
LWRP.
    (20) Kenner Bend Anchorage. An area 0.9 miles in length along the 
right descending bank of the river extending from mile 114.7 to mile 
115.6 above Head of Passes. The width of the anchorage is 700 feet.
    (21) Ama Anchorage. An area 1.8 miles in length along the left 
descending bank of the river extending from mile 115.5 to mile 117.3 
above Head of Passes. The width of the anchorage is 400 feet. The inner 
boundary of the anchorage is a line parallel to the nearest bank 300 
feet from the water's edge into the river as measured from the LWRP. The 
outer boundary of the anchorage is a line parallel to the nearest bank 
700 feet from the water's edge into the river as measured from the LWRP.

    Caution: A wreck is located at mile 115.4 left descending bank above 
Head of Passes marked by Mississippi River Wreck Lighted Buoy WR4. 
Mariners are urged to use caution when anchoring in the lower end of 
this anchorage.

    (22) Bonnet Carre Anchorage. An area 1.5 miles in length along the 
left descending bank of the river extending from mile 127.3 to mile 
128.8 above Head of Passes. This area is located adjacent to the river 
end of the Bonnet Carre Spillway. The width of the anchorage is 600 
feet.

    Note: When the Bonnet Carre Spillway is open, no vessel may be 
anchored in the Bonnet Carre Anchorage.

    (23) La Place Anchorage. An area 0.7 miles in length along the left 
descending bank of the river extending from mile 134.7 to mile 135.4 
above Head of Passes. The width of the anchorage is 600 feet.
    (24) Reserve Anchorage. An area 0.5 miles in length along the right 
descending bank of the river extending from mile 137.0 to mile 137.5 
above Head of Passes. The width of the anchorage is 500 feet. The inner 
boundary of the anchorage is a line parallel to the nearest bank 300 
feet from the water's edge into the river as measured from the LWRP. The 
outer boundary of the anchorage is a line parallel to the nearest bank 
800 feet from the water's edge into the river as measured from the LWRP.
    (25) Lower Grandview Reach Anchorage. An area 0.3 miles in length 
along the left descending bank of the river extending from mile 146.4 to 
mile 146.7 above Head of Passes. The width of the anchorage is 500 feet. 
The inner boundary of the anchorage is a line parallel to the nearest 
bank 200 feet from the water's edge into the river as measured from the 
LWRP. The outer boundary of the anchorage is a line parallel to the 
nearest bank 700 feet from the water's edge into the river as measured 
for the LWRP.

[[Page 527]]

    (26) Middle Grandview Reach Anchorage. An area 0.4 miles in length 
along the left descending bank of the river extending from mile 146.8 to 
mile 147.2 above Head of Passes. The width of the anchorage is 500 feet. 
The inner boundary of the anchorage is a line parallel to the nearest 
bank 200 feet from the water's edge into the river as measured from the 
LWRP. The outer boundary of the anchorage is a line parallel to the 
nearest bank 700 feet from the water's edge into the river as measured 
from the LWRP.
    (27) Upper Grandview Reach Anchorage. An area 1.3 miles in length 
along the left descending bank of the river extending from mile 147.5 to 
mile 148.8 above Head of Passes. The width of the anchorage is 500 feet. 
The inner boundary of the anchorage is a line parallel to the nearest 
bank 200 feet from the water's edge into the river as measured from the 
LWRP. The outer boundary of the anchorage is a line parallel to the 
nearest bank 700 feet from the water's edge into the river as measured 
from the LWRP.
    (28) Sunshine Anchorage. An area 2.0 miles in length along the left 
descending bank of the river extending from mile 165.0 to mile 167.0 
above Head of Passes. The width of the anchorage is 450 feet. The inner 
boundary of the anchorage is a line parallel to the nearest bank 350 
feet from the water's edge into the river as measured from the LWRP. The 
outer boundary of the anchorage is a line parallel to the nearest bank 
800 feet from the water's edge into the river as measured from the LWRP.
    (29) White Castle Anchorage. An area, 0.84 miles in length, along 
the right descending bank of the river extending from mile 190.3 to mile 
191.14 Above Head of Passes. The width of the anchorage is 300 feet. The 
inner boundary of the anchorage is a line parallel to the nearest bank 
400 feet from the water's edge into the river as measured from the LWRP. 
The outer boundary of the anchorage is a line parallel to the nearest 
bank 700 feet from the water's edge into the river as measured from the 
LWRP.
    (30) Baton Rouge General Anchorage. An area 1.5 miles in length 
along the right descending bank of the river, 1,400 feet wide, extending 
from mile 225.8 to mile 227.3 above Head of Passes.

    Caution: Two wrecks are located within the boundaries of this 
anchorage. Mariners are urged to use caution in this anchorage.

    (31) Lower Baton Rouge Anchorage. An area 0.5 miles in length near 
mid-channel between mile 228.5 and mile 229.0 above Head of Passes with 
the west limit 1,100 feet off the right descending bank and having the 
width of 700 feet at both the upper and lower limits.
    (32) Middle Baton Rouge Anchorage. An area 0.2 miles in length near 
mid-channel between mile 229.6 and mile 229.8 above Head of Passes with 
the west limit 1,100 feet off the right descending bank and having a 
width of 700 feet at both the upper and lower limits.
    (33) Upper Baton Rouge Anchorage. An area 0.4 miles in length near 
mid-channel between mile 230.6 and mile 231.0 above Head of Passes with 
the west limit 1,100 feet off the right descending bank and having a 
width of 1,075 feet at the upper limit and 1,200 feet at the lower 
limit.
    (34) Belmont Anchorage. An area 1.1 miles in length along the left 
descending bank of the river extending from mile 152.9 (Belmont Light) 
to mile 154.0 above Head of Passes. The width of the anchorage is 300 
feet. The inner boundary of the anchorage is a line parallel to the 
nearest bank 400 feet from the water's edge into the river as measured 
from the LWRP. The outer boundary of the anchorage is a line parallel to 
the nearest bank 700 feet from the water's edge into the river as 
measured from the LWRP.
    (35) Point Michel Anchorage. An area, 1.4 miles in length, along the 
right descending bank of the river extending from mile 40.8 to mile 42.2 
Above Head of Passes. The width of the anchorage is 500 feet. The inner 
boundary of the anchorage is a line parallel to the nearest bank 325 
feet from the water's edge into the river as measured from the LWRP. The 
outer boundary of the anchorage is a line parallel to the nearest bank 
825 feet from the water's edge into the river as measured from the LWRP.
    (36) Plaquemines Point Anchorage. An area, 0.5 miles in length, 
along the

[[Page 528]]

right descending bank of the river extending from mile 203.9 to mile 
204.4 Above Head of Passes. The width of the anchorage is 500 feet. The 
inner boundary of the anchorage is a line parallel to the nearest bank 
400 feet from the water's edge into the river as measured from the LWRP. 
The outer boundary of the anchorage is a line parallel to the nearest 
bank 900 feet from the water's edge into the river as measured from the 
LWRP.
    (b) Temporary Anchorages. (1) Temporary anchorages are non-permanent 
anchorages established by the Commander, Eighth Coast Guard District to 
provide additional anchorage space. Establishment of temporary 
anchorages is based on recommendations by the Captain of the Port.
    (2) Each vessel using temporary anchorages shall anchor as 
prescribed by the Captain of the Port.
    (3) Establishment of each temporary anchorage and any requirement 
for the temporary anchorage will be published in the Local Notice of 
Mariners.
    (4) Each person who has notice of any requirement prescribed for a 
temporary anchorage shall comply with that requirement.
    (c) The Regulations. (1) Anchoring in the Mississippi River below 
Baton Rouge, LA., including South and Southwest Passes is prohibited 
outside of established anchorages except in cases of emergency. In an 
emergency, if it becomes necessary to anchor a vessel outside an 
established anchorage, the vessel shall be anchored so that it does not 
interfere with or endanger any facility or other vessel. The master or 
person in charge of the vessel shall notify the Captain of the Port of 
the location of the emergency anchoring by the most expeditious means 
and shall move the vessel as soon as the emergency is over.
    (2) In an emergency, if it becomes necessary to anchor a vessel in 
South Pass or Southwest Pass, the vessel shall be positioned as close to 
the left descending bank as possible.
    (3) No vessel may be anchored unless it maintains a bridge watch, 
guards and answers Channel 16 FM (or the appropriate VTS New Orleans 
sector frequency), maintains an accurate position plot and can take 
appropriate action to ensure the safety of the vessel, structure, and 
other vessels.
    (4) When anchoring individually, or in fleets, vessels shall be 
anchored with sufficient anchors, or secured with sufficient lines, to 
ensure their remaining in place and withstanding the actions of winds, 
currents and the suction of passing vessels.
    (5) No vessel may be anchored over revetted banks of the river or 
within any cable or pipeline area. The locations of revetted areas and 
cable and pipeline areas may be obtained from the District Engineer, 
Corps of Engineers, New Orleans, LA.
    (6) The intention to transfer any cargo while in an anchorage shall 
be reported to the Captain of the Port, giving particulars as to name of 
ships involved, quantity and type of cargo, and expected duration of the 
operation. The Captain of the Port shall be notified upon completion of 
operations. Cargo transfer operations are not permitted in the New 
Orleans General or Quarantine Anchorages. Bunkering and similar 
operations related to ship's stores are exempt from reporting 
requirements.

    Note: Activities conducted within a designated anchorage (e.g. cargo 
transfer, tank cleaning, stack blowing, etc.) may be restricted by other 
Federal, State or local regulations. Owners, or persons in charge of any 
vessel should consider all safety and/or environmental regulations prior 
to engaging in any activity within designated anchorages.

    (7) Vessels anchored in the Lower Kenner Bend Anchorage are 
prohibited from using or exercising the ship's hold cargo cranes. 
Vessels in this anchorage must keep the ship's hold cargo gear in the 
down and hawsed position, as rigged for sea transits. Deck-mounted 
cranes, deck booms and stiff legs may be used to take on ships stores 
and spare parts and may be used to move manifold hoses.
    (8) Nothing in this section relieves the owner or person in charge 
of any vessel from the penalties for obstructing or interfering with 
navigational aids or for failing to comply with the navigation laws for 
lights, day shapes, or fog signals and any other applicable laws and 
regulations.

[CGD 77-028, 46 FR 49850, Oct. 8, 1981]

[[Page 529]]


    Editorial Note: For Federal Register citations affecting Sec.  
110.195, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec.  110.196  Sabine Pass Channel, Sabine Pass, Tex.

    (a) The anchorage area. The water bounded by a line connecting the 
following coordinates:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
294414" N.................................  935224" W
294418" N.................................  935206" W
294353" N.................................  935147" W
294332" N.................................  935152" W
------------------------------------------------------------------------

    (b) The regulations. (1) The anchorage area is for the temporary use 
of vessels of all types, but especially for naval and merchant vessels 
awaiting weather and tidal conditions favorable to the resumption of 
their voyages.
    (2) Except when stress of weather or adverse tides or currents make 
sailing impractical or hazardous, vessels shall not anchor in the 
anchorage area for periods exceeding 48 hours unless expressly 
authorized by the Captain of the Port to anchor for longer periods.
    (3) Vessels shall not anchor so as to obstruct the passage of other 
vessels proceeding to or from available anchorage spaces.
    (4) Anchors shall not be placed channelward from the anchorage area, 
and no portion of the hull or rigging of any anchored vessel shall 
extend channelward from the limits of the anchorage area.
    (5) Vessels using spuds for anchors shall anchor as close to shore 
as practicable having due regard for the provisions in paragraph (b)(3) 
of this section.
    (6) Fixed moorings, piles or stakes, and floats or buoys for marking 
anchorages or moorings in place are prohibited.
    (7) Whenever the maritime or commercial interests of the United 
States so require, the Captain of the Port is hereby empowered to shift 
the position of any vessel anchored or moored within or outside of the 
anchorage area including any vessel which is moored or anchored so as to 
obstruct navigation or interfere with range lights.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD08-06-26, 72 
FR 464, Jan. 5, 2007]



Sec.  110.197  Galveston Harbor, Bolivar Roads Channel, Texas.

    (a)(1) Anchorage area (A). The water bounded by a line connecting 
the following points:

292048.5" N                         944254.0" W
292043.0" N                         944446.5" W
292115.0" N                         944427.0" W
292105.0" N                         944252.0" W
 

and thence to the point of beginning.

    (2) Anchorage area (B). The water bounded by a line connecting the 
following points:

292043.0" N                         944446.5" W
292037.0" N                         944608.0" W
292114.0" N                         944550.0" W
292115.0" N                         944427.0" W
 

and thence to the point of beginning.

    (3) Anchorage area (C). The water bounded by a line connecting the 
following points:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
292039.0" N...............................  944607.5" W.
292106.1" N...............................  944700.2" W.
292124.0" N...............................  944634.0" W.
292114.5" N...............................  944549.0" W.
------------------------------------------------------------------------


and thence to the point of beginning.
    (b) The regulations. (1) The anchorage area is for the temporary use 
of vessels of all types, but especially for vessels awaiting weather and 
other conditions favorable to the resumption of their voyages.
    (2) Except when stress of weather makes sailing impractical or 
hazardous, vessels shall not anchor in anchorage areas (A) or (C) for 
more than 48 hours unless expressly authorized by the Captain of the 
Port Houston-Galveston. Permission to anchor for longer periods may be 
obtained through Coast Guard Vessel Traffic Service Houston/Galveston on 
VHF-FM channels 12 (156.60 MHz) or 13 (156.65 MHz).
    (3) No vessel with a draft of less than 22 feet may occupy anchorage 
(A) without prior approval of the Captain of the Port.
    (4) No vessel with a draft of less than 16 feet may anchor in 
anchorage (C)

[[Page 530]]

without prior approval of the Captain of the Port Houston-Galveston.
    (5) Vessels shall not anchor so as to obstruct the passage of other 
vessels proceeding to or from other anchorage spaces.
    (6) Anchors shall not be placed in the channel and no portion of the 
hull or rigging of any anchored vessel shall extend outside the limits 
of the anchorage area.
    (7) Vessels using spuds for anchors shall anchor as close to shore 
as practicable, having due regard for the provisions in paragraph (b)(5) 
of this section.
    (8) Fixed moorings, piles or stakes, and floats or buoys for marking 
anchorages or moorings in place, are prohibited.
    (9) Whenever the maritime or commercial interests of the United 
States so require, the Captain of the Port, or his authorized 
representative, may direct the movement of any vessel anchored or moored 
within the anchorage areas.

[CCGD8-85-21, 55 FR 11369, Mar. 28, 1990, as amended by CGD08-02-018, 68 
FR 25497, May 13, 2003]



Sec.  110.205  Chicago Harbor, Ill.

    (a) The anchorage grounds--(1) Anchorage A, exterior breakwater. 
Southwest of a line parallel with and 150 feet southwestward of the 
exterior breakwater; west of a line parallel with and 150 feet west of 
the south extension of the exterior breakwater; northeast of a line 
parallel with and 1,500 feet southwestward of the exterior breakwater; 
and east of a line parallel with the south extension of the exterior 
breakwater and 500 feet eastward of the east face of the filtration 
plant.
    (2) Anchorage B, south arm. West of a line parallel with and 150 
feet west of the south arm of the exterior breakwater; north of a line 
perpendicular to the south arm at its south end; east of a line parallel 
with the south arm, about 2,200 feet therefrom and on line with the east 
face of the Municipal Pier; and south of a line perpendicular to the 
south arm 700 feet from its north end.
    (3) Anchorage C, shore arm. South of a line parallel with and 150 
feet southward of the shore arm of the exterior breakwater; west of a 
line parallel with the south extension of the exterior breakwater, 100 
feet westward of the east end of the shore arm; northwest of a line 
perpendicular to the Lake Shore Drive revetment and 300 feet northwest 
of the northwest corner of the filtration plant; and east of a line 
parallel with and 600 feet lakeward of the Lake Shore Drive revetment.
    (4) Anchorage D, Chicago Harbor Lock South. Beginning at a point 
35.5 feet South (16 feet South of the South face of the Southeast 
guidewall) and 28.0 feet West of the SE Guide Wall Light; thence 
Westerly and parallel to the guidewall 800 feet to a point that is 16 
feet South of the South face of the Southeast guidewall; thence 
Southerly 80 feet to a point that is 96 feet South of the South face of 
the Southeast guidewall; thence Easterly 800 feet to a point that is 96 
feet South of the south face of the southeast guidewall; thence 
Northerly 80 feet to the point of beginning.
    (5) Anchorage E, Chicago Harbor Lock North. Beginning at a point 
156.75 feet North (16 feet North of the North face of the Northeast 
guidewall) and 590 feet West of the SE Guidewall Light; thence Westerly 
and parallel to the guidewall 600 feet to a point that is 16 feet North 
of the North face of the Northeast guidewall; thence Northerly 80 Feet 
to a point that is 96 feet North of the North face of the Northeast 
guidewall; thence Easterly 600 feet to a point that is North of the 
North face of the Northeast guidewall; thence Southerly 80 feet to the 
point of beginning.
    (b) The rules and regulations. (1) Except in cases of emergency, no 
vessel may be anchored in Chicago Harbor outside of the anchorage 
grounds in paragraph (a) of this section or the special anchorage areas 
prescribed in Sec.  110.83.
    (2) Anchors must not be placed outside the anchorage areas, nor 
shall any vessel be so anchored that any portion of the hull or rigging 
shall at any time extend outside the boundaries of the anchorage area.
    (3) Any vessel anchoring under circumstances of great emergency 
outside of the anchorage areas must be placed near the edge of the 
channel and in such position as not to interfere with

[[Page 531]]

the free navigation of the channel nor obstruct the approach to any pier 
nor impede the movement of any boat, and shall move away immediately 
after the emergency ceases, or upon notification by the Captain of the 
Port.
    (4) The maneuvering of a vessel by means of a dragged anchor, except 
within an established anchorage ground or in stress of weather or to 
avoid collision, is prohibited. Unnecessary maneuvering in any of the 
anchorage grounds is prohibited.
    (5) The directions of the Captain of the Port assigning vessels to 
parts of the anchorage grounds suitable to their draft, requiring 
vessels to anchor bow and stern, requiring shifting the anchorage of any 
vessel within any anchorage ground for the common convenience, or for 
otherwise enforcing this section, shall be promptly executed by owners, 
masters, and persons in charge of vessels.
    (6) Nothing in this section shall be construed as relieving the 
owner or person in charge of any vessel from the penalties of the law 
for obstructing navigation or for obstructing or interfering with range 
lights, or for not complying with the navigation laws in regard to 
lights, fog signals, or for otherwise violating law.
    (7) No vessel may use anchorages A, B, D, and E except commercial 
vessels operated for profit. No person may place floats or buoys for 
making moorings or anchors in place in anchorages A and B. No person may 
place fixed moorings piles or stakes in anchorages A and B. (Mooring 
facilities are available adjacent to the lakeside guidewalls of the 
Chicago Harbor Lock in anchorages D and E.) All vessels using anchorages 
D and E shall moor against pile clusters adjacent to the respective 
anchorage.
    Any time barges are moored in anchorage D or E, a manned towing 
vessel shall be present in one of these anchorages. Exceptions to this 
surveillance requirement are allowable for periods not to exceed one 
hour.
    (8) No commercial vessels operated for profit that measure 50 gross 
tons or more may anchor in anchorage C. Temporary floats or buoys for 
marking moorings or anchors in place may be used in anchorage C. No 
person may place a fixed mooring pile or stake in anchorage C.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGFR 70-65a, 36 
FR 7967, Apr. 28, 1971; CGD9-85-01, 50 FR 29224, July 18, 1985]



Sec.  110.206  Detroit River, Michigan.

    (a) The Anchorage grounds. Belle Isle Anchorage. The area is in the 
Detroit River immediately downstream from Belle Isle on the U.S. side of 
the International Boundary line within the following boundaries: 
beginning at a point bearing 250 T, 5400 feet from the James Scott 
Memorial Fountain (42 deg.2006" N., 82 deg.5957" W.) at the West end 
of Belle Isle; then 251 T, 3000 feet; thence 341 T, 800 feet; thence 071 
T, 3000 feet; thence 161 T, 800 feet to the point of beginning.
    (b) The regulations. (1) Vessels shall be anchored so as not to 
swing into the channel or across steering courses.
    (2) The Belle Isle Anchorage area is for the temporary use of 
vessels of all types, but especially for naval and merchant vessels 
awaiting berths, weather, or other conditions favorable to the 
resumptions of their voyage.
    (3) No vessel may be anchored unless it maintains a continuous 
bridge watch, guards and answers channel 16 FM and channel 12 FM (VTC 
SARNIA sector frequency), maintains an accurate position plot and can 
take appropriate action to ensure the safety of the vessel, structures 
and other vessels.
    (4) Vessels may not anchor in the Belle Isle Anchorage for more than 
72 hours without permission of the Captain of the Port of Detroit.

[CGD09 85-05, 51 FR 21357, June 12, 1986, as amended by USCG-1998-3799, 
63 FR 35526, June 30, 1998]



Sec.  110.207  Cleveland Harbor, Ohio.

    (a) The anchorage grounds--(1) West anchorage. The northwesterly 
portion of the West Basin between the northwest limits of the West Basin 
and a line parallel to and 1,050 feet distant from the West Breakwater; 
and from the southwest limits of the West Basin to a line perpendicular 
to the West Breakwater, 2,050 feet southwesterly along the West 
Breakwater from Cleveland West Breakwater Light.
    (2) East anchorage. The southeasterly portion of the East Basin 
between the

[[Page 532]]

mainland and a line parallel to and 1,250 feet distant from the East 
Breakwater; from opposite Cleveland East Entrance Light to a due north 
line passing through the flashing white light on the Allied Oil Company 
dock.
    (3) Explosives anchorage. In Lake Erie, northwest of Cleveland 
Harbor East Breakwater, and including a rectangular area marked by four 
white spar buoys at the following true bearings and distances from 
Cleveland East Pierhead Light: 38 deg.30, 2,050 feet; 68 deg., 2,050 
feet; 57 deg., 7,050 feet; and 49 deg., 7,050 feet.
    (b) The regulations. (1) The west and east anchorages are general 
anchorages.
    (2) Use of the explosives anchorage shall be subject to the 
supervision of the Captain of the Port.



Sec.  110.208  Buffalo Harbor, N.Y.

    (a) The anchorage grounds--(1) Explosives Anchorage A. Inside the 
south section of the main breakwater 700 feet wide starting at a point 
500 feet southerly from the south end of the north section and extending 
approximately 153 deg. true, 3,000 feet parallel to the line of the 
south section of the main breakwater.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD 77-210, 44 FR 
50040, Aug. 27, 1979]



Sec.  110.210  San Diego Harbor, CA.

    (a) The anchorage grounds. (1) Special anchorage for U.S. Government 
vessels (NAD 83). The waters bounded by a line connecting the following 
points:

324213.2" N                         1171411.0" W
324112.0" N                         1171400.3" W
 

and thence along the shoreline to the point of beginning.

    (2) Special anchorage for U.S. Government vessels (NAD 83). The 
waters bounded by a line connecting the following points:

324325.6" N                         1171246.1" W
324325.3" N                         1171252.0" W
324308.2" N                         1171258.0" W
324257.9" N                         1171254.0" W
 

and thence easterly along the northern boundary of the channel to:

324305.0" N                         1171130.5" W
324327.2" N                         1171114.0" W
 

and thence along the shoreline of Harbor Island to the point of 
beginning.

    (3) ``B'' Street Merchant Vessel Anchorage (NAD 83). The waters 
bounded by a line connecting the following points:

324300.8" N                         1171036.3" W
324300.8" N                         1171123.0" W
324305.0" N                         1171130.5" W
324327.2" N                         1171114.0" W
324320.2" N                         1171053.0" W
 

and thence due east to the shoreline, and thence along the shoreline and 
pier to the point of beginning.

    (b) The regulations. (1) The anchorages described in paragraphs 
(a)(1) and (a)(2) of this section are reserved exclusively for the 
anchorage of vessels of the United States Government and of authorized 
harbor pilot boats. No other vessels shall anchor in this area except by 
special permission obtained in advance from the Commander, Naval Base, 
San Diego, CA. The administration of these anchorages is exercised by 
the Commander, Naval Base, San Diego, CA.
    (2) The area described in paragraph (a)(3) of this section is 
reserved for the use of merchant vessels calling at the Port of San 
Diego while awaiting a berth. The administration of this anchorage is 
exercised by the Port Director, San Diego Unified Port District.
    (3) Vessels anchoring in San Diego Harbor shall leave a free passage 
for other craft and shall not obstruct the approaches to the wharves in 
the harbor.

[CGD11-85-06, 51 FR 19753, June 2, 1986, as amended by CGD11-90-08, 56 
FR 9852, Mar. 8, 1991]



Sec.  110.214  Los Angeles and Long Beach harbors, California.

    (a) General Regulations--(1) Anchorage Assignment. (i) Unless 
otherwise directed by the Captain of the Port Los Angeles-Long Beach, 
the pilot stations for the Port of Long Beach and the Port of Los 
Angeles will assign the use of commercial anchorages within their 
jurisdictions (Long Beach and Los Angeles Harbors respectively). All 
anchorages outside (seaward) of the federal breakwater will be assigned 
by the Los Angeles-Long Beach Vessel Traffic Information Service (VTIS). 
The master, pilot, or person in charge of a vessel

[[Page 533]]

must notify the appropriate pilot station (for anchorages inside the 
federal breakwater) or the VTIS (for anchorages outside the federal 
breakwater) of their intention to anchor, upon anchoring, and at least 
fifteen minutes prior to departing an anchorage. All anchorage 
assignments will be made as described in this part unless modified by 
the Captain of the Port.
    (ii) Radio communications for port entities governing anchorages are 
as follows: Los Angeles-Long Beach Vessel Traffic Information Service, 
call sign ``LA-Long Beach Traffic,'' Channel 14 VHF-FM; Los Angeles Port 
Pilots, Channel 73 VHF-FM; Long Beach Port Pilots, Channel 74 VHF-FM.
    (iii) The exact boundary separating the Port of Long Beach from the 
Port of Los Angeles is published in local Port Tariffs. For purposes of 
this rule, Long Beach waters are those east, and Los Angeles waters are 
those west, of the following locations:
    (A) Inner Harbor: The Henry Ford (Badger Avenue) Bridge.
    (B) Middle Harbor: The Pier 400 Transportation Corridor.
    (C) Outer Harbor: The western boundary of Commercial Anchorage B.
    (2) Required approvals, permits and notifications. (i)(A) No vessel 
may anchor in deep draft sub-anchorages B-7, B-9, B-11, D-5, D-6 or D-7 
within Los Angeles or Long Beach harbors for more than 48 consecutive 
hours unless extended anchorage permission is obtained from the Captain 
of the Port. These sub-anchorages are defined by the following 
coordinates and dimensions:

----------------------------------------------------------------------------------------------------------------
             Anchorage                         Latitude                      Longitude            Radius (yards)
----------------------------------------------------------------------------------------------------------------
B-7...............................  33-43 52.0" N                  118-12 47.9" W                            450
B-9...............................  33-43 28.5" N                  118-13 10.5" W                            500
B-11..............................  33-43 44.5" N                  118-12 17" W                              450
D-5...............................  33-43 40.5 N                   118-10 30" W                              450
D-6...............................  33-43 40.5 N                   118-9 57.5" W                             450
D-7...............................  33-43 40.5 N                   118-9 25" W                               450
----------------------------------------------------------------------------------------------------------------

    (B) No vessel may anchor anywhere else within Los Angeles or Long 
Beach harbors for more than 10 consecutive days unless extended 
anchorage permission is obtained from the Captain of the Port. In 
determining whether extended anchorage permission will be granted, 
consideration will be given, but not necessarily limited to: The current 
and anticipated demands for anchorage space within the harbor, the 
requested duration, the condition of the vessel, and the reason for the 
request.
    (ii) No vessel while carrying, loading, or unloading division 1.1 or 
1.2 materials as defined in 49 CFR 173.50, or Cargoes of Particular 
Hazard (COPH) as defined in 33 CFR 126.10, or Certain Dangerous Cargoes 
(CDC) as defined in 33 CFR 160.202, may anchor without first obtaining a 
permit issued by the Captain of the Port.
    (iii) Vessels requiring use of an explosives anchorage should 
contact the Captain of the Port at least 24 hours prior to the 
anticipated need for the explosives anchorage to allow for proper 
activation of that anchorage.
    (iv) Except with the prior approval of the Captain of the Port, or, 
in the case of an emergency, with approval of the Captain of the Port 
immediately subsequent to anchoring, no commercial vessel greater than 
1600 gross tons may anchor in Los Angeles-Long Beach Harbor unless it 
maintains the capability to get underway within 30 minutes. Any vessel 
unable to meet this requirement must immediately notify the Captain of 
the Port and make arrangements for an adequate number of tugs to respond 
to the vessel within 30 minutes notice.
    (v) In anchorages where lightering is authorized, the Captain of the 
Port must be notified at least 4 hours in advance of a vessel conducting 
lightering operations (see 33 CFR 156.118).
    (3) Other General Requirements. (i) When at anchor, all commercial 
vessels greater than 1600 gross tons shall, at all times, have a 
licensed or credentialed deck officer on watch and maintain a continuous 
radio listening

[[Page 534]]

watch unless subject to one of the exemptions in this paragraph. The 
radio watch must be on CH-13 VHF-FM when anchored inside the federal 
breakwater, and on CH-14 VHF-FM or on CH-16 VHF-FM when anchored outside 
the federal breakwater, except for unmanned barges; vessels which have 
less than 100 gallons of oil or fuel onboard regardless of how the fuel 
is carried; and other vessels receiving advance approval from the 
Captain of the Port.
    (ii) When sustained wind speeds exceed 40 knots, all anchored 
commercial vessels greater than 1600 gross tons shall ensure their 
propulsion plant is placed in immediate standby and a second anchor is 
made ready to let go. Vessels unable to comply with this requirement 
must immediately notify the Captain of the Port. In such case, the 
Captain of the Port may require the vessel to have one or more tugs 
standing by to render immediate assistance.
    (4) Prohibitions. Within Los Angeles Harbor, Long Beach Harbor, and 
the Los Angeles-Long Beach Precautionary Area, except for emergency 
reasons, or with the prior approval of the Captain of the Port, vessels 
are prohibited from anchoring outside of designated anchorage areas. In 
the event a vessel anchors outside a designated anchorage area for 
emergency reasons, the master, pilot, or person in charge of the vessel 
shall:
    (i) Position the vessel so as to minimize the danger to other 
vessels and facilities;
    (ii) Immediately notify the Captain of the Port by the most 
expeditious means of the vessel's location and the reason(s) for the 
emergency anchoring; and
    (iii) Move the vessel as soon as the emergency condition prompting 
anchoring outside a designated area abates, or as soon as ordered to 
move by the Captain of the Port, whichever occurs sooner.
    (5) Exemption from rules. The Captain of the Port may, upon request, 
or whenever he/she deems appropriate, authorize a deviation from any 
rule in this section.
    (b) The anchorage grounds. Locations of anchorage grounds are as 
described in this section. Specific requirements for individual 
anchorages are contained in paragraphs (c) and (d) of this section. All 
coordinates referenced use datum: NAD 83.
    (1) [Reserved]
    (2) Commercial Anchorage B (Long Beach Harbor). An area enclosed by 
a line joining the following coordinates:

------------------------------------------------------------------------
                                    Latitude              Longitude
------------------------------------------------------------------------
Beginning point.............         33-44-37.0" N      118 -13-00.0" W.
Thence south/southeast to...         33-44-12.0" N      118 -12-36.2" W.
Thence southeast to.........        33 -43-38.2" N      118 -11-36.9" W.
Thence southwest to.........        33 -43-26.1" N      118 -11-47.2" W.
Thence west to..............         33-43-26.1" N       118-12-22.7" W.
Thence west/southwest to....        33 -42-58.9" N      118 -13-53.0" W.
Thence north/northwest to...        33 -43-46.0" N      118 -14-13.6" W.
Thence east/northeast to....        33 -43-54.5" N      118 -13-50.0" W.
Thence north to.............         33-44-22.8" N       118-13-51.0" W.
Thence east/northeast to the
 beginning point............
------------------------------------------------------------------------

    (3) Commercial Anchorage C (Long Beach Harbor). An area enclosed by 
a line joining the following coordinates:

------------------------------------------------------------------------
                                    Latitude              Longitude
------------------------------------------------------------------------
Beginning point.............         33-44-20.0" N        118-08-26.2" W
Thence west to..............         33-44-23.5" N        118-09-32.6" W
Thence north to.............         33-44-52.8" N        118-09-33.2" W
Thence southeast to.........         33-44-25.2" N       118-08-26.2" W
Thence south to the beginning point.
------------------------------------------------------------------------

    (4) Commercial Anchorage D (Long Beach Harbor). An area enclosed by 
a line beginning near the east end of the Long Beach Breakwater and 
joining the following coordinates:

[[Page 535]]



------------------------------------------------------------------------
                                    Latitude              Longitude
------------------------------------------------------------------------
Beginning point.............         33-43-27.2" N        118-08-12.6" W
Thence west to..............         33-43-27.2" N        118-10-46.5" W
Thence north to.............         33-43-51.0" N        118-10-46.5" W
Thence northeast to.........         33-44-18.5" N        118-10-27.2" W
Thence east to..............         33-44-18.5" N        118-08-12.6" W
Thence south to the
 beginning point.
------------------------------------------------------------------------

    (5) Commercial Anchorage E (Long Beach Harbor). An area enclosed by 
a line joining the following coordinates:

------------------------------------------------------------------------
                                    Latitude              Longitude
------------------------------------------------------------------------
Beginning point.............         33-44-37.0" N       118-09-48.5" W.
Thence southwest to.........        33 -44-18.5" N      118 -09-56.8" W.
Thence west to..............         33-44-18.5" N       118-10-27.2" W.
Thence northwest to.........        33 -44-27.6" N      118 -10-41.0" W.
Thence west/northwest to....        33 -44-29.0" N      118 -10-57.4" W.
Thence north/northwest to...        33 -45-06.4" N      118 -11-09.5" W.
Thence northeast to.........        33 -45-15.2" N      118 -10-46.1" W.
Thence southeast to.........        33 -45-11.0" N      118 -10-32.0" W.
Thence south to.............         33-44-52.0" N       118-10-32.0" W.
Thence southeast to the
 beginning point............
------------------------------------------------------------------------

    (6) Commercial Anchorage F (outside of Long Beach Breakwater). The 
waters southeast of the Long Beach Breakwater bounded by a line 
connecting the following coordinates:

------------------------------------------------------------------------
                                    Latitude              Longitude
------------------------------------------------------------------------
Beginning point.............         33-43-05.1" N       118-07-59.0" W.
Thence west to..............         33-43-05.1" N       118-10-36.5" W.
Thence south/southeast to...        33 -38-17.5" N      118 -07-00.0" W.
Thence north/northeast to...        33 -40-23.0" N      118 -06-03.0" W.
And thence north/northwest
 to the beginning point.....
------------------------------------------------------------------------

    (7) Commercial Anchorage G (outside of the Middle Breakwater). The 
waters south of the Middle Breakwater bounded by a line connecting the 
following coordinates:

------------------------------------------------------------------------
                                    Latitude              Longitude
------------------------------------------------------------------------
Beginning point.............         33-43-05.4" N        118-11-18.0" W
Thence west to..............         33-43-05.4" N        118-12-18.7" W
Thence west/southwest to....         33-42-25.9" N        118-14-19.2" W
Thence southeast to.........         33-41-40.3" N        118-13-05.2" W
Thence east/northeast to....         33-42-08.8" N       118-11-36.8" W
And thence north/northeast to the beginning point.
------------------------------------------------------------------------

    (8) General Anchorage N (Los Angeles Harbor). The waters near 
Cabrillo Beach shoreward of a line connecting the following coordinates:

------------------------------------------------------------------------
                                    Latitude              Longitude
------------------------------------------------------------------------
                                     33-42-55.9" N        118-16-44.4" W
                                     33-42-26.8" N        118-16-33.9" W
------------------------------------------------------------------------

    (9) General Anchorage P (Long Beach Harbor). The waters within an 
area beginning at Alamitos Bay West Jetty Light ``1'' and connecting the 
following coordinates:

------------------------------------------------------------------------
                                    Latitude              Longitude
------------------------------------------------------------------------
Beginning point.............         33-44-14.5" N        118-07-19.2" W
Thence northwest to.........         33-44-20.6" N        118-07-31.7" W
Thence northwest............         33-45-06.5" N        118-09-34.0" W
Thence along the eastern             33-45-13.5" N        118-09-34.0" W
 shoreline of Island White
 to the lighted marker at...
Thence northwest to.........         33-45-37.1" N        118-10-38.5" W
Thence north/northwest to...         33-45-49.4" N       118-10-38.8" W
And thence east/southeast along the Long Beach shoreline and the
 Alamitos Bay West Jetty to the beginning point.
------------------------------------------------------------------------


[[Page 536]]

    (10) General Anchorage Q (Long Beach Harbor/Alamitos Bay/Anaheim 
Bay). The waters within an area described as follows:

------------------------------------------------------------------------
                                    Latitude              Longitude
------------------------------------------------------------------------
Beginning point.............         33-44-36.0" N        118-08-13.0" W
Thence east/southeast to....         33-44-20.6" N        118-07-31.7" W
Thence along a line                  33-44-12.5" N        118-07-16.5" W
 described as an arc, radius
 of 460 meters
 (approximately 1509 feet)
 centered on................
To..........................         33-44-04.8" N        118-07-01.0" W
Thence northwest to.........         33-44-11.1" N        118-07-13.0" W
Thence north/northeast to...         33-44-24.0" N        118-07-04.1" W
Thence east/southeast to....         33-44-22.5" N        118-06-57.0" W
Thence along the shoreline           33-43-39.1" N        118-06-06.8" W
 of Seal Beach and Anaheim
 Bay W. Jetty to............
Thence west/southwest to....         33-43-27.8" N        118-07-39.9" W
Thence northwest to.........         33-43-38.4" N        118-07-48.2" W
Thence west to..............         33-43-38.4" N       118-08-12.9" W
and thence north to the beginning point.
------------------------------------------------------------------------

    (11) Explosives Anchorage (Long Beach Harbor). A circular area with 
a radius of 1,909 yards (1,745 meters), centered in position 
33 deg.4337.0" N, 118 deg.0905.3" W.
    (c) Individual anchorage requirements:
    (1) Table 110.214(c) lists anchorage grounds, identifies the purpose 
of each anchorage, and contains specific regulations applicable to 
certain anchorages. Requirements for the explosives anchorage are 
contained in paragraph (d) of this section.
    (2) The geographic boundaries of each anchorage are contained in 
paragraph (b) of this section.

                                                Table 110.214(c)
----------------------------------------------------------------------------------------------------------------
                                                                           Specific
           Anchorage             General location       Purpose          regulations
---------------------------------------------------------------------------------------
A.............................  Los Angeles        Commercial.......  Note a.
                                 Harbor.
B.............................  Long Beach Harbor  ......do.........  ......Do.
C.............................  ......do.........  ......do.........  Notes a, g.
D.............................  ......do.........  Commercial &       Notes a, b, g.
                                                    Naval.
E.............................  ......do.........  Commercial.......  Note c.
F.............................  Outside            ......do.........  Notes c, g.
                                 Breakwater.
G.............................  ......do.........  ......do.........  Notes c, d.
N.............................  Los Angeles        Small Craft......  Note e.
                                 Harbor.
P.............................  Long Beach Harbor  ......do.........  Note f.
Q.............................  ......do.........  ......do.........  Notes c, g.
----------------------------------------------------------------------------------------------------------------
Notes:
a. Bunkering and lightering are permitted.
b. West of 118-09-48" W priority for use of the anchorage will be given to commercial vessels over 244 meters
  (approximately 800 feet). East of 118-09-48" W priority for use of the anchorage will be given to Naval and
  Public vessels, vessels under Department of Defense charter, and vessels requiring use of the explosives
  anchorage.
c. Bunkering and lightering are prohibited.
d. This anchorage is within a Regulated Navigation Area and additional requirements apply as set forth in 33 CFR
  165.1109(e).
e. This anchorage is controlled by the Los Angeles Port Police. Anchoring, mooring and recreational boating
  activities conforming to applicable City of Los Angeles ordinances and regulations are allowed in this
  anchorage.
f. This anchorage is controlled by the Long Beach Harbor Master. Anchoring, mooring and recreational boating
  activities conforming to applicable City of Long Beach ordinances and regulations are allowed in this
  anchorage.
g. When the explosives anchorage is activated portions of this anchorage lie within the explosives anchorage and
  the requirements of paragraph (d) of this section apply.

    (d) Explosives Anchorage (Long Beach Harbor). (1) Priority for use 
of this anchorage shall be given to vessels carrying, loading, or 
unloading division 1.1, 1.2, 1.3, or 1.4 (explosive) materials as 
defined in 49 CFR 173.50, or Cargoes of Particular Hazard (COPH) as 
defined in 33 CFR 126.10, or Certain Dangerous Cargoes (CDC) as defined 
in 33 CFR 160.202.
    (2) Vessels requiring the use of this anchorage shall notify the 
Captain of the Port at least 24 hours in advance of their intentions 
including the estimated times of arrival, departure, net explosive 
weight, and whether the vessel will be loading or unloading. Vessels may 
not use this anchorage without first obtaining a permit issued by the 
Captain of the Port.

[[Page 537]]

    (3) No vessel containing more than 680 metric tons (approximately 
749 tons) of net explosive weight (NEW) may anchor in this anchorage;
    (4) Bunkering and lightering operations are permitted in the 
explosives anchorage, except that vessels engaged in the loading or 
unloading of explosives shall not simultaneously conduct bunkering or 
lightering operations.
    (5) Each anchored vessel loading, unloading or laden with 
explosives, must display a red flag of at least 1.2 square meters 
(approximately 16 square feet) in size by day, and at night the flag 
must be illuminated by spotlight;
    (6) When a vessel displaying the red flag occupies the explosives 
anchorage, no other vessel may anchor within the Explosives Anchorage.

    Note: When the explosives anchorage is activated, portions of 
Anchorages ``C'', ``D'', ``F'' and ``Q'' are encompassed by the 
explosives anchorage.

[CGD11-99-008, 65 FR 10710, Feb. 29, 2000, as amended by CGD11-04-007, 
71 FR 3002, Jan. 19, 2006; CGD11-04-005, 71 FR 15037, Mar. 27, 2006; 
USCG-2006-24371, 74 FR 11212, Mar. 16, 2009; USCG-2013-0841, 79 FR 
71657, Dec. 3, 2014; USCG-2005-21869, 80 FR 5330, Jan. 30, 2015]



Sec.  110.215  Anaheim Bay Harbor, California; U.S. Naval Weapons Station, 
Seal Beach, California; Naval Explosives Anchorage.

    (a) The anchorage ground. The waters of Anaheim Bay Harbor between 
the east side of the Entrance Channel and the East Jetty, and the west 
side of the Entrance Channel and the West Jetty as outlined in the 
following two sections:

                             (1) East Side:
334403.0" N                         1180535.0" W
334353.0" N                         1180515.0" W
334349.0" N                         1180518.0" W
334336.5" N                         1180556.0" W
334337.0" N                         1180557.0" W
334403.0" N                         1180535.0" W
 


                             (2) West Side:
334405.0" N                         1180540.0" W
334406.0" N                         1180556.5" W
334401.0" N                         1180601.0" W
334340.5" N                         1180603.0" W
334339.5" N                         1180602.0" W
334405.0" N                         1180540.0" W
 

    (b) The regulations. (1) This area is reserved for use of naval 
vessels carrying or transferring ammunition or explosives under standard 
military restrictions as established by the Safety Manual, Armed Service 
Explosives Board.
    (2) No pleasure or commercial craft shall navigate or anchor within 
this area at any time without first obtaining permission from the 
Commanding Officer, Naval Weapons Station, Seal Beach, California. This 
officer will extend full cooperation relating to public use of the area 
and will fully consider every reasonable request for the passage of 
small craft in light of requirements for national security and safety of 
persons and property.
    (3) Nothing in this section shall be construed as relieving the 
owner or operator of any vessel from the regulations contained in Sec.  
334.930 of Title 33, covering navigation in Anaheim Bay Harbor.
    (4) The regulations in this section shall be administered by the 
Commanding Officer U.S. Naval Weapons Station, Seal Beach, California 
and by such agencies as he may designate, and enforced by the Captain of 
the Port, Los Angeles-Long Beach, California.

[CGD11-87-07, 53 FR 878, Jan. 14, 1988, as amended by USCG-2015-0433, 80 
FR 44281, July 27, 2015]



Sec.  110.216  Pacific Ocean at Santa Catalina Island, Calif.

    (a) The anchorage grounds--(1) Descanso Bay. Shoreward of a line 
connecting the promontories known as White Rock and Casino Point.
    (2) Isthmus Cove. All the waters bounded by a line connecting the 
following coordinates, beginning at 33 deg.-27-12" N, 118 deg.-30-05" 
W (the promontory known as Lion Head); thence southeast to 33 deg.-26-
55.5" N, 118 deg.-28-44" W; thence west-southwest to 33 deg.-2650" N, 
118 deg.-29-08" W; thence southwest to 33 deg.-26-39" N, 118 deg.-29-
19" W; thence along the shoreline returning to the point of origin, 
excluding the following-described non-anchorage area: an area 300 feet 
wide (170 feet west and 130 feet east of the centerline of the Catalina 
Island Steamship Line pier), extending 1600 feet from the foot of the 
pier, and an area 150 feet seaward of the shoreline extending 
approximately 1500 feet east and 1500 feet northwest of the centerline 
of said pier.

Datum: NAD 83


[[Page 538]]


    (3) Avalon Bay. (i) Anchorage A. The waters within an area described 
as follows: A circle of 1350 feet radius centered at 33 deg.2059.0" N, 
118 deg.1856.2" W.
    (ii) Anchorage B. The waters within an area described as follows: A 
circle of 1350 feet radius centered at 33 deg.2038.3" N, 
118 deg.1835.8" W.
    (iii) Anchorage C. The waters within an area described as follows: A 
circle of 1350 feet radius centered at 33 deg.2121.0" N, 
118 deg.1916.7" W.
    (b) The regulations. (1) The Descanso Bay anchorage is reserved for 
yachts and other small craft. Floats or buoys for marking anchors or 
moorings in place will be allowed in this area. Fixed mooring piles or 
stakes are prohibited.
    (2) The Isthmus Cove anchorage shall be available for anchorage of 
all types of craft. Temporary floats or buoys for marking anchors or 
moorings in place will be allowed in this area. Fixed mooring piles or 
stakes are prohibited.
    (3) The non-anchorage area described in paragraph (a)(2) of this 
section shall be used only by commercial vessels. Commercial vessels of 
15 feet draft or over may anchor in this area seaward of the Catalina 
Island Steamship Line pier during hours between sunrise and sunset. The 
use of this area for anchorage is forbidden to all other craft at all 
times. Fixed mooring piles or stakes and floats or buoys for marking 
anchors or moorings in place are prohibited.
    (4) The instructions of the Captain of the Port requiring vessels to 
anchor bow and stern, or with two bow anchors, or requiring shifting the 
anchorage of any vessel within the anchorage grounds for the common 
safety or convenience, or for otherwise enforcing the regulations in 
this section, shall be promptly complied with by owners, masters, and 
persons in charge of vessels.
    (5) Nothing in this section shall be construed as relieving the 
owner or person in charge of any vessels or plant from the penalties of 
law for obstructing navigation or for obstructing or interfering with 
range lights, or for not complying with the navigation laws in regard to 
lights, fog signals, or for otherwise violating law.
    (6) The Avalon Bay anchorage is reserved for large passenger vessels 
of over 1600 gross tons, unless otherwise authorized by the Captain of 
the Port Los Angeles-Long Beach.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD11-95-001, 60 
FR 29759, June 6, 1995; GCD11-04-006, 70 FR 28426, May 18, 2005]



Sec.  110.218  Pacific Ocean at San Clemente Island, Calif.; in vicinity
of Wilson Cove.

    (a) The anchorage grounds. Shoreward on a line beginning at a point 
on the beach bearing 153 deg. true, 1,400 yards, from Wilson Cove Light; 
thence 62 deg. true, 0.67 nautical mile, thence 332 deg. true, 1.63 
nautical miles; thence 241 deg.31 true to the shore line.
    (b) The regulations. (1) This area is reserved exclusively for 
anchorage of United States Government vessels or vessels temporarily 
operating under Government direction, and no vessel, except in an 
emergency, shall anchor in the area without first obtaining permission 
from the Commandant, Eleventh Naval District, or the Senior Naval 
Officer present who shall in turn notify the Commandant promptly.
    (2) No vessel shall anchor in such a manner as to unreasonably 
obstruct the approach to the wharf.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CCGD11-85-02, 51 
FR 2883, Jan. 22, 1986]



Sec.  110.220  Pacific Ocean at San Nicolas Island, Calif.; restricted
anchorage areas.

    (a) The restricted area. All waters within one-quarter nautical mile 
from the shoreline or manmade structures including mooring buoys, piers 
and jetties on the easterly end of San Nicolas Island between a point on 
the northeast shore at latitude 33 deg.1432" N, longitude 
119 deg.2641" W and a point on the southeast shore at latitude 
33 deg.1308" N, longitude 119 deg.2706" W.
    (b) The regulations. (1) Except in an emergency, no vessel shall 
enter into or anchor in this restricted area without permission from the 
Commanding Officer, Naval Base Ventura County.

[[Page 539]]

Cargo and supply vessels or barges destined for San Nicolas Island may 
anchor in the area for unloading or loading. (2) Each person in a 
restricted anchorage shall obey the order or direction of the Commanding 
Officer, Naval Base Ventura County, Coast Guard Eleventh District 
Commander, or Coast Guard Captain of the Port, Los Angeles-Long Beach, 
when issued to carry out this section.
    (c) Enforcement.The Coast Guard may be assisted in enforcing this 
rule by other Federal, state, or local agencies.

[USCG-2012-0967, 78 FR 67303, Nov. 12, 2013]



Sec.  110.222  Pacific Ocean at Santa Barbara Island, Calif.

    (a) The anchorage grounds. Shoreward of a line beginning at the 
Santa Barbara Island Light on the northeast end of the island and 
bearing 23 deg. true a distance of 1.515 nautical miles seaward from the 
beach; thence 140 deg.30 true, 2.54 nautical miles; thence 212 deg.30 
true, 2.30 nautical miles; thence 296 deg.30 true, 0.96 nautical mile; 
and thence 325 deg. true to the beach.
    (b) The regulations. The anchorage shall be available for anchorage 
of all types of craft. Temporary floats or buoys for marking anchors in 
place will be permitted in this area.



Sec.  110.224  San Francisco Bay, San Pablo Bay, Carquinez Strait,
Suisun Bay, Sacramento River, San Joaquin River, and connecting 
waters, CA.


    (a) General regulations. (1) Within the navigable waters of San 
Francisco Bay, San Pablo Bay, Carquinez Strait, Suisun Bay, New York 
Slough, San Joaquin River Deep Water Channel, the Stockton Turning 
Basin, the Sacramento River Deep Water Ship Channel between Suisun Bay 
and the east end of the West Sacramento Turning Basin, and connecting 
waters, anchoring is prohibited outside of designated anchorages except 
when required for safety or with the written permission of the Captain 
of the Port. Each vessel anchoring outside an established anchorage area 
shall immediately notify the Captain of the Port of her position and 
reason for anchoring.
    (2) No vessel may permanently moor in areas adjacent to the San 
Joaquin River Deep Water Channel except with the written permission of 
the Captain of the Port.
    (3) Each vessel anchoring for safety reasons in the San Joaquin 
River Deep Water Channel, the Sacramento River Deep Water Ship Channel, 
or the Stockton or West Sacramento Turning Basins shall be positioned as 
near to the edge of the channel or turning basin as possible so as not 
to interfere with navigation, or obstruct the approach to any pier, 
wharf, slip, or boat harbor and shall move as soon as the reason for 
anchoring no longer exists or when notified to move by the Captain of 
the Port.
    (4) No vessel may anchor within a tunnel, cable, or pipeline area 
shown on a Government chart.
    (5) No vessel may moor, anchor, or tie up to any pier, wharf, or 
other vessel in such a manner as to extend into an adjacent channel or 
fairway.
    (6) No vessel in such a condition that it is likely to sink or 
otherwise become a menace or obstruction to navigation or anchorage of 
other vessels may occupy an anchorage, except when unforeseen 
circumstances create conditions of imminent peril to personnel and then 
only for such period as may be authorized by the Captain of the Port.
    (7) Each vessel carrying explosives shall only anchor in an 
explosives anchorage except as authorized by paragraph (a)(1) or (a)(17) 
of this section.
    (8) No vessel other than a vessel under Federal supervision may go 
alongside or in any manner moor to any Government-owned vessel, mooring 
buoy, or pontoon boom, their anchor cables, or any of their appendages. 
No vessel other than a vessel under Federal supervision may obstruct or 
interfere in any manner with the mooring, unmooring, or servicing of 
vessels owned by the United States.
    (9) The Captain of the Port may require any vessel in a designated 
anchorage area to moor with two or more anchors.
    (10) Each vessel that will not have sufficient personnel on board to 
weigh anchor at any time shall anchor with two anchors with mooring 
swivel, unless otherwise authorized by the Captain of the Port.

[[Page 540]]

    (11) Deep-draft vessels shall take precedence over vessels of 
lighter draft in the deeper portions of all anchorages. Light-draft 
barges and vessels shall anchor away from the deeper portions of the 
anchorage so as not to interfere with the anchoring of deep-draft 
vessels. Should circumstances warrant, the Captain of the Port may 
require lighter draft vessels to move to provide safe anchorage, 
particularly in Anchorages 7 and 9, for deep-draft vessels.
    (12) Barges towed in tandem to any anchorage shall nest together 
when anchoring.
    (13) Each vessel that is notified by the Captain of the Port or his 
authorized representative to shift her position shall promptly shift her 
position.
    (14) No person may use these anchorages for any purpose other than 
the purpose stated in these anchorage regulations.
    (15) Where these regulations require that a vessel notify the 
Captain of the Port, the operator of the vessel shall transmit such 
report to the San Francisco Vessel Traffic Service.

    Note: Vessel Traffic Service guards VHF-FM Channel 13 (156.65 MHz) 
and Channel 14 (156.70 MHz).

    (16) Nothing in this section may be construed as relieving any 
vessel or the owner or person in charge of any vessel from the penalties 
of law for obstructing or interfering with range lights or for not 
complying with the laws relating to lights, day signals, and fog signals 
and other navigation laws and regulations.
    (17) The District Engineer, Corps of Engineers, may issue written 
permission for anchoring a single barge carrying explosives in 
quantities considered by the District Engineer as safe and necessary in 
the vicinity of work being done directly under the District Engineer 
supervision or under a Department of the Army permit. When issuing such 
a permit, the District Engineer shall prescribe the conditions under 
which the explosives must be stored and handled and shall furnish a copy 
of the permit and a copy of the rules and regulations for storing and 
handling to the Captain of the Port.
    (18) No vessel may anchor in a ``dead ship'' status (propulsion or 
control unavailable for normal operations) at any anchorage other than 
in Anchorage 9 as specified in Table 110.224(D)(1) without prior 
approval of the Captain of the Port.
    (b) Naval anchorages. In addition to the general regulations in 
paragraph (a) of this section, the following regulations apply to each 
naval anchorage described in this section.
    (1) Naval anchorages are intended for public vessels of the United 
States, but may be used by other vessels when not required for use by 
public vessels.
    (2) Other vessels using a naval anchorage shall promptly notify the 
Captain of the Port upon anchoring and upon departure and shall be 
prepared to move within one hour upon notice should the anchorage be 
required for public vessels.
    (c) Explosive anchorages. In addition to the general regulations in 
paragraph (a) of this section, the following regulations apply to each 
explosives anchorage described in this section.
    (1) Explosives anchorages and, where established, surrounding 
forbidden anchorage zones, are temporarily activated as needed by the 
Captain of the Port. When not activated, explosives anchorages and 
surrounding forbidden anchorage zones become part of the general 
anchorage which encompasses them or, if not located within the 
boundaries of a general anchorage, become available for general 
navigation.
    (2) Notice of activation and deactivation of explosives anchorages 
will be disseminated by Coast Guard Broadcast Notice to Mariners.
    (3) Each vessel which anchors in an explosives anchorage or 
surrounding forbidden anchorage zone while such anchorage is not 
activated shall be prepared to move within one hour if the anchorage is 
activated.
    (4) Unless otherwise authorized by the Captain of the Port:
    (i) No vessel may anchor in an activated explosives anchorage except 
vessels loaded with, loading, or unloading explosives.
    (ii) No vessel may enter or remain in an activated explosives 
anchorage except (A) vessels loaded with, loading or unloading 
explosives, (B) lighters or barges delivering cargo to or from such

[[Page 541]]

vessels, or (C) a tug authorized by paragraph (c)(7)(iii) of this 
section.
    (iii) No vessel carrying explosives or on which explosives are to be 
loaded may enter or remain in an activated explosives anchorage without 
written permission from the Captain of the Port. Such a permit must be 
obtained before entering the anchorage and may be revoked at any time.
    (iv) No vessel may anchor in the forbidden anchorage zone 
surrounding an activated explosives anchorage.
    (5) Each vessel loaded with, loading, or unloading explosives, while 
within an explosives anchorage, shall display by day at her masthead, or 
at least 10 feet above the upper deck if the vessel has no mast, a red 
flag at least 16 square feet in area.
    (6) Each passing vessel shall reduce speed as necessary so as to 
insure that its wake does not interfere with cargo transfer operations 
aboard any vessel displaying a red flag in an explosives anchorage.
    (7) The Captain of the Port may:
    (i) Issue permission to any vessel carrying flammable solids, 
oxidizing materials, corrosive liquids, flammable liquids, compressed 
gases, or poisonous substances to occupy a berth in an activated 
explosives anchorage. Such a permit must be obtained before entering the 
anchorage and may be revoked at any time.
    (ii) Require any person having business on board a vessel which is 
loaded with, loading, or unloading explosives to have a document that is 
acceptable to the Coast Guard for identification purposes and to show 
that document to the Captain of the Port.
    (iii) Require a non-self-propelled vessel, or a self-propelled 
vessel that is unable to maneuver under its own power, that occupies an 
activated explosives anchorage to be attended by a tug.
    (d) Anchorage grounds. (1) Table 110.224(d)(1) lists anchorage 
grounds, identifies the purpose of each anchorage, and contains specific 
regulations applicable to certain anchorages.
    (2) The geographic boundaries of each anchorage are contained in 
paragraph (e) of this section.

                           Table 110.224(d)(1)
------------------------------------------------------------------------
                                                            Specific
Anchorage No.    General location         Purpose          regulations
------------------------------------------------------------------------
4............  San Francisco Bay..  General...........  Notes a, b.
5............  ......do...........  ......do..........  Do.
6............  ......do...........  ......do..........  Note a.
7............  ......do...........  ......do..........  Notes a, b, c,
                                                         d, e.
8............  ......do...........  ......do..........  Notes a, b, c.
8A...........  ......do...........  ......do..........  Notes a, b, c,
                                                         d, e, j, n.
9............  ......do...........  ......do..........  Notes a, b, m.
10...........  ......do...........  Naval.............  Note a.
12...........  ......do...........  Explosives........  Notes a, f.
13...........  ......do...........  ......do..........  Notes a, e, g.
14...........  ......do...........  ......do..........  Notes a, f, h.
18...........  San Pablo Bay......  General...........
19...........  ......do...........  ......do..........  Note b.
20...........  ......do...........  ......do..........
21...........  ......do...........  Naval.............
22...........  Carquinez Strait...  General...........
23...........  Benicia............  General...........  Notes c, d, e,
                                                         l.
24...........  Carquinez Strait...  General...........  Note j.
26...........  Suisun Bay.........  ......do..........  Note k.
27...........  ......do...........  ......do..........
28...........  San Joaquin River..  ......do..........
30...........  ......do...........  Explosives........
------------------------------------------------------------------------

    Notes: a. When sustained winds are in excess of 25 knots each vessel 
greater than 300 gross tons using this anchorage shall maintain a 
continuous radio watch on VHF channel 13 (156.65 MHz) and VHF channel 14 
(156.70 MHz). This radio watch must be maintained by a person who 
fluently speaks the English language.
    b. Each vessel using this anchorage may not project into adjacent 
channels or fairways.
    c. This anchorage is primarily for use by vessels requiring a 
temporary anchorage waiting to proceed to pier facilities or other 
anchorage grounds. This anchorage may not be used by vessels for the 
purpose of loading any dangerous cargoes or combustible liquids unless 
authorized by the Captain of the Port.
    d. Each vessel using this anchorage may not remain for more than 12 
hours unless authorized by the Captain of the Port.
    e. Each vessel using this anchorage shall be prepared to move within 
1 hour upon notification by the Captain of the Port.
    f. The maximum total quantity of explosives that may be on board a 
vessel using this anchorage shall be limited to 3,000 tons unless 
otherwise authorized with the written permission of the Captain of the 
Port.
    g. The maximum total quantity of explosives that may be on board a 
vessel using this anchorage shall be limited to 50 tons except that, 
with the written permission of the Captain of the Port, each vessel in 
transit, loaded with explosives in excess of 50 tons, may anchor 
temporarily in this anchorage provided that the hatches to the holds 
containing explosives are not opened.

[[Page 542]]

    h. Each vessel using this anchorage will be assigned a berth by the 
Captain of the Port on the basis of the maximum quantity of explosives 
that will be on board the vessel.
    i. [Reserved]
    j. Each vessel using this anchorage shall promptly notify the 
Captain of the Port, upon anchoring and upon departure.
    k. See Sec.  162.270 of this title establishing restricted areas in 
the vicinity of the Maritime Administration Reserve Fleet.
    l. Vessels using this anchorage must exceed 15 feet draft, have 
engines on standby, and have a pilot on board.
    m. Any vessel anchoring in a ``dead-ship'' status shall have one 
assist tug of adequate bollard pull on standby and immediately available 
(maximum of 15 minute response time) to provide emergency maneuvering. 
When the sustained winds are 20 knots or greater, or when the wind gusts 
are 25 knots or greater, the tug must be alongside.
    n. This temporary anchorage will be activated by VTS San Francisco 
when Anchorages 8 and 9 are at capacity and additional anchorage 
capacity in the vicinity of Alameda is required. VTS will notify a 
vessel that this temporary anchorage is activated and available for use 
when Anchorages 8 and 9 are full, and a vessel requests permission from 
VTS to anchor in Anchorage 8 or 9.
    (e) Boundaries--(1) Anchorage No. 4. Bounded by the west shore of 
San Francisco Bay and the following lines: Beginning on the shore 
southwest of Point San Quentin at latitude 37 deg.5628" N., longitude 
122 deg.2854" W.; thence east-southeasterly to latitude 37 deg.5555" 
N., longitude 122 deg.2649" W., thence southwesterly to latitude 
37 deg.5413" N., longitude 122 deg.2724" W., thence southeasterly to 
the shore of Tiburon Peninsula at Point Chauncey at latitude 
37 deg.5340.5" N., longitude 122 deg.2655" W. When Explosives 
Anchorage No. 13 is activated by the Captain of the Port, it and the 
forbidden anchorage zone surrounding it are excluded from Anchorage No. 
4.
    (2) Anchorage No. 5, Southampton Shoal. In San Francisco Bay at 
Southampton Shoal bounded by a line connecting the following 
coordinates:

375548" N.                          1222552" W; to
375550" N.                          1222632" W; to
375449" N.                          1222639" W; to
375403" N.                          1222606" W; to
375325" N.                          1222530" W; to
375323" N.                          1222509" W; to
375519" N.                          1222533" W; to
375542" N.                          1222545" W; thence back to
375548" N.                          1222552" W.
 

    (3) Anchorage No. 6. Bounded by the east shore of San Francisco Bay 
and the following lines: Beginning at the shore of the southernmost 
extremity of Point Isabel at latitude 37 deg.5346" N., longitude 
122 deg.1919" W.; thence westerly along the north shore of Brooks 
Island to the jetty extending westerly therefrom; thence westerly along 
the jetty to its bayward end at latitude 37 deg.5413" N., longitude 
122 deg.2327" W.; thence south-southeasterly to latitude 37 deg.4953" 
N.; longitude 122 deg.2139" W.; thence southeasterly to latitude 
37 deg.4932.5" N., longitude 122 deg.2120.5" W.; thence easterly to 
latitude 37 deg.4934" N., longitude 122 deg.2013" W.; thence east-
southeasterly to latitude 37 deg.4930" N., longitude 122 deg.1945.5" 
W.; thence east-northeasterly to the shore at Emeryville at latitude 
37 deg.5004" N., longitude 122 deg.1741" W.; excluding from this area, 
however, the channel to Berkeley Marina delineated by lines joining the 
following points:

375208" N.,                         1221907" W.
375203" N.,                         1221917.5" W.
375200" N.,                         1221915.5" W.
375101" N.,                         1222207" W.
375043" N.,                         1222200" W.
375053" N.,                         1222132" W.
375147" N.,                         1221859" W.
 

    (4) Anchorage No. 7, Treasure Island. In San Francisco Bay at 
Treasure Island bounded a line connecting the following coordinates:

374936" N.,                         1222240" W; to
375000" N.,                         1222257" W; to
375000" N.,                         1222344" W; to
374922.5" N.,                       1222344" W; to
374840.5" N.,                       1222238" W; to
374900.0" N.,                       1222216" W; thence along the shore
                                     to
374936" N.,                         1222240" W.
 

    (5) Anchorage No. 8. In San Francisco Bay bounded by the west shore 
of Alameda Island and the following lines: Beginning at 37 deg.4752" N, 
122 deg.1958" W; thence west-northwesterly to 37 deg.4802.5" N 
122 deg.2101.5" W; thence west-southwesterly to 37 deg.4751.5" N, 
122 deg.2140" W; thence south-southwesterly to 37 deg.4735.5" N, 
122 deg.2150" W; thence south-southeasterly to 37 deg.4640" N, 
122 deg.2123" W; thence easterly to 37 deg.4636.5" N, 122 deg.1952" 
W; thence northerly to shore at 37 deg.4653" N, 122 deg.1953.5" W (NAD 
83).
    (6) Anchorage No. 8A. In San Francisco Bay bounded by the following 
lines: Beginning at latitude 37 deg.4735" N

[[Page 543]]

and longitude 122 deg.2150" W; thence south-southwesterly to latitude 
37 deg.4707" N and longitude 122 deg.2209" W; thence south-
southeasterly to latitude 37 deg.4630" N and longitude 122 deg.2157" 
W; thence easterly along the northern border of Anchorage 9 to latitude 
37 deg.4626" N and longitude 122 deg.2042" W; thence northerly to 
latitude 37 deg.4638" N and longitude 122 deg.2042" W; thence westerly 
along the southern border of Anchorage 8 to latitude 37 deg.4641" N and 
longitude 122 deg.2123" W; thence northwesterly along the southwestern 
border of Anchorage 8 back to the beginning point (NAD 83).
    (7) Anchorage No. 9. In San Francisco Bay bounded on the east by the 
eastern shore of San Francisco Bay and on the north by the southern 
shore of Alameda Island and a line beginning at 37 deg.4621.5" N, 
122 deg.1907" W; thence westerly to 37 deg.4630" N, 122 deg.2156" W; 
thence south-southeasterly to 37 deg.4145" N, 122 deg.2022" W (San 
Bruno Channel Light 1); thence south-southeasterly to 37 deg.3838.5" N, 
122 deg.1848.5" W (San Bruno Channel Light 5); thence southeasterly to 
37 deg.3605" N, 122 deg.1418" W; thence northeasterly to shore at 
37 deg.3738.5" N, 122 deg.0906.5" W (NAD 83).
    (8) Anchorage No. 10. In San Francisco Bay bounded by the east shore 
of Sausalito and the following lines: Beginning on the shore of 
Sausalito at latitude 37 deg.5120" N., longitude 122 deg.2838" W.; 
thence southeasterly to latitude 37 deg.5057.5" N., longitude 
122 deg.2757" W.; thence southwesterly to the shore of Sausalito at 
latitude 37 deg.5036" N., longitude 122 deg.2834" W.
    (9) Anchorage No. 12. In San Francisco Bay east of the city of San 
Francisco a circular area having a radius of 500 yards centered at 
latitude 37 deg.4432.5" N., longitude 122 deg.2027.5" W. A 667-yard-
wide forbidden anchorage zone surrounds this anchorage.
    (10) Anchorage No. 13. In San Francisco Bay east of the Tiburon 
Peninsula a circular area having a radius of 333 yards centered at 
latitude 37 deg.5526" N., longitude 122 deg.2727" W. A 667-yard-wide 
forbidden anchorage zone surrounds this anchorage except where such zone 
would extend beyond the limits of Anchorage No. 4.

    Note: See Sec.  110.224(e)(2) for a description of Anchorage No. 4.

    (11) Anchorage No. 14. In San Francisco Bay east of Hunters Point an 
area 1,000 yards wide and 2,760 yards long, the end boundaries of which 
are semicircles, with a radii of 500 yards and center, respectively at 
latitude 37 deg.4237" N., longitude 122 deg.1948" W. and latitude 
37 deg.4329" N., longitude 122 deg.1948" W. (NAD 83); and the side 
boundaries of which are parallel tangents joining the semicircles. A 
forbidden anchorage zone extends 667 yards out from the perimeter on 
each side.
    (12) Anchorage No. 18. In San Pablo Bay bounded by the west shore of 
San Pablo Bay and the following lines: Beginning at the shore at Point 
San Pedro at latitude 37 deg.5916" N., longitude 122 deg.2647" W.; 
thence easterly to latitude 37 deg.5916" N., longitude 122 deg.2626" 
W.; thence northerly to latitude 38 deg.0346" N., longitude 
122 deg.2552.5" W.; thence northwesterly to the shore south of the 
entrance to Novato Creek at latitude 38 deg.0513.5" N., longitude 
122 deg.2904" W.; excluding from this area, however, the channel to 
Hamilton Field and the extension of this channel easterly to the 
boundary of the anchorage, and the pipeline area therein.
    (13) Anchorage No. 19. In San Pablo Bay bounded by the northeast 
shore of San Pablo Bay and the following lines: Beginning at the shore 
of Tubbs Island at latitude 38 deg.0739" N., longitude 122 deg.2518" 
W.; thence southerly to latitude 38 deg.0036" N., longitude 
122 deg.2520" W.; thence northeasterly to latitude 38 deg.0313" N., 
longitude 122 deg.1946" W.; thence east-northeasterly to latitude 
38 deg.0337" N., longitude 122 deg.1713" W.; thence northerly to the 
long dike extending southwesterly from Mare Island at latitude 
38 deg.0352.5" N., longitude 122 deg.1710" W.; thence along the long 
dike to the shore at Mare Island.
    (14) Anchorage No. 20. In San Pablo Bay bounded by the southeast 
shore of San Pablo Bay and the following lines: Beginning at the 
northeast corner of Parr Terminal No. 4 at Point San Pablo at latitude 
37 deg.5759" N., longitude 122 deg.2535" W.; thence northeasterly to 
latitude 38 deg.0127.5" N., longitude 122 deg.2133" W.; thence east-
northeasterly to the Union Oil Co. pier at Oleum at latitude 
38 deg.0318" N., longitude 122 deg.1537" W.; and thence along this 
pier to the shore.

[[Page 544]]

    (15) Anchorage No. 21. In San Pablo Bay south of Mare Island a 
rectangular area beginning at latitude 38 deg.0356" N., longitude 
122 deg.1556" W.; thence easterly to latitude 38 deg.0402" N., 
longitude 122 deg.1520" W.; thence southerly to latitude 38 deg.0348" 
N., longitude 122 deg.1516" W.; thence westerly to latitude 
38 deg.0342" N., longitude 122 deg.1552" W.; thence northerly to the 
point of beginning.
    (16) Anchorage No. 22, Carquinez Strait. In Carquinez Strait an area 
bounded by a line connecting the following coordinates:

380236.8" N.                        1220959" W; to
380206.6" N.                        1220946.7" W; to
380153.8" N.                        1220900" W; to
380233.9" N.                        1220900" W; thence back to
380236.8" N.                        1220959" W.
 

    (17) Anchorage No. 23, Benicia. In Carquinez Strait an area bounded 
by a line connecting the following coordinates:

380233.9" N.                        1220900" W; to
380153.8" N.                        1220900" W; to
380157.4" N.                        1220819.3" W; to
380233" N.                          1220818.6" W; thence back to
380233.9" N.                        1220900" W.
 

    (18) Anchorage No. 24. Bounded by the north shore of Carquinez 
Strait and the following points: Beginning on the shore at Dillon Point 
at 38 deg.0344" N, 122 deg.1134" W; thence southeasterly to 
38 deg.0321" N, 122 deg.1043" W; thence southeasterly to 38 deg.0236" 
N, 122 deg.1003" W (Carquinez Strait Light 23); thence to the shore at 
the Benicia City Wharf at 38 deg.0240" N, 122 deg.0955" W (NAD 83).
    (19) Anchorage No. 26. On the west side of Suisun Bay, adjacent to 
and northeast of the city of Benicia within the following 
boundaries:Beginning on the shore northeast of Army Point at latitude 
38 deg.0254" N., longitude 122 deg.0737" W.; thence south-
southeasterly along the Southern Pacific bridge to latitude 
38 deg.0238" N., longitude 122 deg.0724" W.; thence easterly to 
latitude 38 deg.0242" N., longitude 122 deg.0707.5" W.; thence 
northeasterly to latitude 38 deg.0542" N., longitude 122 deg.0406" W.; 
thence northwesterly to the shore at latitude 38 deg.0558" N., 
longitude 122 deg.0428" W.; thence along the shore to the point of 
beginning.
    (20) Anchorage No. 27. In the northeast portion of Suisun Bay 
bounded by the north shore and the following lines: Beginning on the 
shore of Grizzly Island at latitude 38 deg.0813" N., longitude 
122 deg.0242.5" W.; thence southerly to tripod at Preston Point on Roe 
Island at latitude 38 deg.0416" N., longitude 122 deg.0242" W.; thence 
along the south shore of Roe Island to latitude 38 deg.0405" N., 
longitude 122 deg.0135" W.; thence east-southeasterly to latitude 
38 deg.0342.5" N., longitude 121 deg.5854" W.; thence easterly to the 
shore of Chipps Island at latitude 38 deg.0342.5" N., longitude 
121 deg.5505" W.
    (21) Anchorage No. 28. The area bounded on the east by the shore of 
Lower Sherman Island and the following lines: Beginning at Point 
Sacramento on Lower Sherman Island at latitude 38 deg.0345" N., 
longitude 121 deg.5017.5" W.; thence southwesterly to latitude 
38 deg.0337.5" N., longitude 121 deg.5031" W.; thence south-
southeasterly to latitude 38 deg.0211" N.; longitude 121 deg.4958" W.; 
thence to the shore of Lower Sherman Island at latitude 38 deg.0223" 
N., longitude 121 deg.4949" W.
    (22) Anchorage No. 30. The portion of the Old San Joaquin River 
Channel bounded on the west by the shore of Mandeville Point and the 
following lines: Beginning on the shore of Mandeville Point at latitude 
38 deg.0401" N., longitude 121 deg.3205" W.; thence northeasterly to 
latitude 38 deg.0407.5" N., longitude 121 deg.3158" W.; thence 
southeasterly to latitude 38 deg.0347" N., longitude 121 deg.3142.5" 
W.; thence westerly to the shore of Mandeville Point at latitude 
38 deg.0347.5" N., longitude 121 deg.3156" W.

[CGD12 84-07, 51 FR 12315, Apr. 10, 1986]

    Editorial Note: For Federal Register citations affecting Sec.  
110.224, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec.  110.228  Columbia River, Oregon and Washington.

    (a) Anchorage grounds--(1) Astoria North Anchorage. An area enclosed 
by a line beginning northeast of Astoria, Oregon, at latitude 
46 deg.1200.79" N, longitude 123 deg.4955.40" W; thence continuing 
easterly to latitude 46 deg.1202.00" N, longitude 123 deg.4940.09" W; 
thence continuing east-northeasterly to latitude 46 deg.1314.85" N, 
longitude 123 deg.4627.89" W; thence continuing south-southeasterly to 
latitude 46 deg.1300.56" N, longitude

[[Page 545]]

123 deg.4616.65" W; thence continuing southwesterly to latitude 
46 deg.1151.79" N, longitude 123 deg.4918.08" W; thence continuing 
west-southwesterly to latitude 46 deg.1146.27" N, longitude 
123 deg.4943.48" W; thence continuing west-southwesterly to latitude 
46 deg.1144.98" N, longitude 123 deg.4949.44" W; thence continuing 
westerly to latitude 46 deg.1144.32" N, longitude 123 deg.4958.88" W; 
thence continuing northeasterly to the point of the beginning.
    (2) Astoria South Anchorage. An area enclosed by a point beginning 
east-northeast of Astoria, Oregon, at latitude 46 deg.1146.95" N, 
longitude 123 deg.4913.04" W; thence continuing northeasterly to 
latitude 46 deg.1302.18" N, longitude 123 deg.4554.55" W; thence 
continuing easterly to latitude 46 deg.1305.90" N, longitude 
123 deg.4541.55" W; thence continuing southeasterly to latitude 
46 deg.1255.16" N, longitude 123 deg.4534.31" W; thence continuing 
southwesterly to latitude 46 deg.1224.32" N, longitude 
123 deg.4634.70" W; thence continuing west-southwesterly to latitude 
46 deg.1137.32" N, longitude 123 deg.4903.46" W; thence continuing 
north-northwesterly to the point of the beginning.
    (3) Longview Anchorage. An area enclosed by a line beginning 
southeast of Longview, Washington, at latitude 46 deg.0628.69" N, 
longitude 122 deg.5738.33" W; thence continuing northwesterly to 
latitude 46 deg.0641.71" N, longitude 122 deg.5801.25" W; thence 
continuing westerly to latitude 46 deg.0722.55" N, longitude 
122 deg.5900.81" W; thence continuing westerly to latitude 
46 deg.0736.21" N, longitude 122 deg.5919.29" W; thence continuing 
southwesterly to latitude 46 deg.07"28.44 N, longitude 
122 deg.5931.18" W; thence continuing easterly to latitude 
46 deg.0714.77" N, longitude 122 deg.5912.70" W; thence continuing 
easterly to latitude 46 deg.0642.01" N, longitude 122 deg.5828.41" W; 
thence continuing northeasterly to latitude 46 deg.0634.27" N, 
longitude 122 deg.5814.21" W; thence continuing northeasterly to 
latitude 46 deg.0632.19" N, longitude 122 deg.5808.77" W; thence 
continuing northeasterly to latitude 46 deg.0622.44" N, longitude 
122 deg.5743.27" W; thence continuing northeasterly to the point of the 
beginning.
    (4) Kalama Anchorage. An area to be enclosed by a line beginning 
north-northwesterly of Sandy Island at latitude 46 deg.0120.48" N, 
longitude 122 deg.5204.32" W; thence continuing east-southeasterly to 
latitude 46 deg.0057.73" N, longitude 122 deg.5135.14" W; thence 
continuing east-southeasterly to latitude 46 deg.0053.95" N, longitude 
122 deg.5130.29" W; thence continuing southeasterly to latitude 
46 deg.0035.10" N, longitude 122 deg.5115.37" W; thence continuing 
south-southeasterly to latitude 45 deg.5941.48" N, longitude 
122 deg.5052.40" W; thence continuing southwesterly to latitude 
45 deg.5938.65" N, longitude 122 deg.5105.97" W; thence continuing 
north-northwesterly to latitude 46 deg.0036.82" N, longitude 
122 deg.5130.90" W; thence continuing west-northwesterly to latitude 
46 deg.0051.32" N, longitude 122 deg.5145.44" W; thence continuing 
west-northwesterly to latitude 46 deg.0124.38" N, longitude 
122 deg.5221.20" W; thence continuing northeasterly to the beginning.
    (5) Woodland Anchorage. An area enclosed by a line beginning 
northeast of Columbia City, Oregon, at latitude 45 deg.5355.31" N, 
longitude 122 deg.4817.35" W; thence continuing easterly to latitude 
45 deg.5357.11" N, longitude 122 deg.4802.16" W; thence continuing 
south-southeasterly to latitude 45 deg.5327.16" N, longitude 
122 deg.4744.28" W; thence continuing westerly to latitude 
45 deg.5320.16" N, longitude 122 deg.4802.37" W; thence continuing 
northwesterly to latitude 45 deg.5341.50" N, longitude 
122 deg.4813.53" W; thence continuing northerly to the point of 
beginning.
    (6) Henrici Bar Anchorage. An area enclosed by a line beginning 
west-southwesterly of Bachelor Slough, Washington, at latitude 
45 deg.4724.68" N, longitude 122 deg.4649.14" W; thence continuing 
east-southeasterly to latitude 45 deg.4644.95" N, longitude 
122 deg.4613.23" W, thence continuing southeasterly to latitude 
45 deg.4625.67" N, longitude 122 deg.4600.54" W; thence continuing 
south-southeasterly to latitude 45 deg.4602.69" N, longitude 
122 deg.4550.32" W; thence continuing southerly to latitude 
45 deg.4543.66" N, longitude 122 deg.4545.33" W; thence continuing 
southerly to latitude 45 deg.4537.52" N, longitude 122 deg.4544.99" W; 
thence continuing westerly to latitude 45 deg.4537.29" N, longitude 
122 deg.4553.06 W; thence continuing north-northwesterly to latitude 
45 deg.4615.94" N, longitude 122 deg.4610.25" W; thence continuing 
west-

[[Page 546]]

northwesterly to latitude 45 deg.4720.20" N, longitude 
122 deg.4659.28" W; thence continuing easterly to the point of 
beginning.
    (7) Lower Vancouver Anchorage. An area enclosed by a line beginning 
north-northeast of Reeder Point at latitude 45 deg.4339.18" N, 
longitude 122 deg.4527.54" W; thence continuing south-southwesterly to 
latitude 45 deg.4126.95" N, longitude 122 deg.4613.83" W; thence 
continuing southerly to latitude 45 deg.4035.72" N, longitude 
122 deg.4609.98" W; thence continuing south-southeasterly to latitude 
45 deg.4023.95" N, longitude 122 deg.4604.26" W; thence continuing 
west-southwesterly to latitude 45 deg.4020.68" N, longitude 
122 deg.4616.07" W; thence continuing northwesterly to latitude 
45 deg.4032.85" N, longitude 122 deg.4621.98" W; thence continuing 
north-northwesterly to latitude 45 deg.4101.03" N, longitude 
122 deg.4626.85" W; thence continuing northerly to latitude 
45 deg.4129.07" N, longitude 122 deg.4626.15" W; thence continuing 
north-northeasterly to latitude 45 deg.4341.27" N, longitude 
122 deg.4539.87" W; thence continuing easterly to the point of the 
beginning. The Vancouver lower anchorage will then resume slightly 
further upstream at an area north of Kelly point and will be enclosed by 
a line starting at latitude 45 deg.4010.09" N, longitude 
122 deg.4557.53 W; thence continuing southeasterly to latitude 
45 deg.3942.94" N, longitude 122 deg.4544.34" W; thence continuing 
west-southwesterly to latitude 45 deg.3940.07" N, longitude 
122 deg.4556.34" W; thence continuing northwesterly to latitude 
45 deg.4006.75" N, longitude 122 deg.4609.30" W; thence continuing 
east-northeasterly to the point of the beginning.
    (8) Kelly Point Anchorage. An area enclosed by a line beginning 
northeast of Kelly Point, Oregon, at latitude 45 deg.3910.32" N, 
longitude 122 deg.4536.45" W; thence continuing east-southeasterly to 
latitude 45 deg.3902.10" N, longitude 122 deg.4521.67" W; thence 
continuing east-southeasterly to latitude 45 deg.3859.15" N, longitude 
122 deg.4516.38" W; thence continuing southwesterly to latitude 
45 deg.3851.03" N, longitude 122 deg.4525.57" W; thence continuing 
westerly to latitude 45 deg.3851.54" N, longitude 122 deg.4526.35" W; 
thence continuing northwesterly to latitude 45 deg.3906.27" N, 
longitude 122 deg.4540.50" W; thence continuing north-northeasterly to 
the beginning point.
    (9) Upper Vancouver Anchorage. An area enclosed by a line beginning 
north-northeast of Hayden Island at latitude 45 deg.3843.44" N, 
longitude 122 deg.4439.50" W; thence continuing northeasterly to 
45 deg.3826.98" N, longitude 122 deg.4325.87" W; thence continuing 
east-northeasterly to latitude 45 deg.3817.31" N, longitude 
122 deg.4254.69" W; thence continuing easterly to latitude 
45 deg.3812.40" N, longitude 122 deg.4243.93" W; thence continuing 
east-southeasterly to latitude 45 deg.3740.53" N, longitude 
122 deg.4144.08" W; thence south-southeasterly to latitude 
45 deg.3736.11" N, longitude 122 deg.4148.86" W; thence continuing 
west-southwesterly to latitude 45 deg.3752.20" N, longitude 
122 deg.4219.50" W; thence continuing west-southwesterly to latitude 
45 deg.3810.75" N, longitude 122 deg.4308.89" W; thence continuing 
southwesterly to latitude 45 deg.3818.79" N, longitude 
122 deg.4344.83" W; thence continuing westerly to latitude 
45 deg.3841.37" N, longitude 122 deg.4440.44" W; thence continuing 
northeasterly to the point of beginning.
    (10) Cottonwood Island Anchorage. The waters of the Columbia River 
bounded by a line connecting the following points:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
460556.88" N                         1225653.19" W
460514.06" N                         1225445.71" W
460457.12" N                         1225412.41" W
460437.55" N                         1225345.80" W
460413.72" N                         1225323.66" W
460354.94" N                         1225311.81" W
460334.96" N                         1225303.17" W
460311.61" N                         1225256.29" W
460310.94" N                         1225310.55" W
460332.06" N                         1225319.69" W
460350.84" N                         1225327.81" W
460408.10" N                         1225338.70" W
460429.41" N                         1225358.17" W
460449.89" N                         1225421.57" W
460506.95" N                         1225450.65" W
460549.77" N                         1225658.12" W
------------------------------------------------------------------------

    (11) Prescott Anchorage. The waters of the Columbia River bounded by 
a line connecting the following points:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
460247.01" N                         1225253.90" W
460226.32" N                         1225251.89" W
460225.92" N                         1225300.38" W
460246.54" N                         1225303.87" W
------------------------------------------------------------------------


[[Page 547]]

    (b) Regulations.
    (1) All designated anchorages are intended for the primary use of 
deep-draft vessels over 200 feet in length.
    (2) If a vessel under 200 feet in length is anchored in a designated 
anchorage, the master or person in charge of the vessel shall:
    (i) Ensure that the vessel is anchored so as to minimize conflict 
with large, deep-draft vessels utilizing or seeking to utilize the 
anchorage; and
    (ii) Move the vessel out of the area if requested by the master of a 
large, deep-draft vessel seeking to enter or depart the area or if 
directed by the Captain of the Port.
    (3) Vessels desiring to anchor in designated anchorages shall 
contact the pilot office that manages that anchorage to request an 
appropriate position to anchor. Columbia River Bar Pilots manage Astoria 
North Anchorage and Astoria South Anchorage. Columbia River Pilots 
manage all designated anchorages upriver from Astoria.
    (4) No vessel may occupy a designated anchorage for more than 30 
consecutive days without permission from the Captain of the Port.
    (5) No vessel being laid-up or dismantled or undergoing major 
alterations or repairs may occupy a designated anchorage without 
permission from the Captain of the Port.
    (6) No vessel carrying a Cargo of Particular Hazard listed in Sec.  
126.10 of this chapter may occupy a designated anchorage without 
permission from the Captain of the Port.
    (7) No vessel in a condition such that it is likely to sink or 
otherwise become a hazard to the operation of other vessels shall occupy 
a designated anchorage except in an emergency and then only for such 
periods as may be authorized by the Captain of the Port.
    (8) Vessels anchoring in Astoria North Anchorage should avoid 
placing their anchor in the charted cable area.

[USCG-2008-1232, 74 FR 51781, Oct. 8, 2009, as amended by USCG-2010-
0351, 75 FR 36282, June 25, 2010; USCG-2011-0348, 77 FR 50916, Aug. 23, 
2012]



Sec.  110.230  Anchorages, Captain of the Port Puget Sound Zone, WA.

    (a) Anchorage grounds. All coordinates are expressed in North 
American Datum 1983.
    (1) Freshwater Bay Emergency Anchorage. All waters of Freshwater Bay 
and adjacent waters shoreward of a line beginning at Observatory Point, 
latitude 48 deg.0903" N, longitude 123 deg.3812" W; thence 000 deg.T 
to latitude 48 deg.0936" N, longitude 123 deg.3812" W; thence 
090 deg.T to latitude 48 deg.0936" N, longitude 123 deg.3327" W; 
thence 180 deg.T ending at Angeles Point, latitude 48 deg.0900" N, 
longitude 123 deg.3327" W.
    (i) This anchorage may only be assigned to vessels experiencing an 
emergency that requires anchoring. Vessel emergencies include equipment 
failures, cargo securing, etc. Vessels requiring a customs inspection 
will not be allowed to anchor in this area.
    (ii) [Reserved]
    (2) Bellingham Bay Anchorages--(i) General Anchorage. The waters of 
Bellingham Bay within a circular area with a radius of 2,000 yards, 
having its center at latitude 48 deg.4414.39", longitude 
122 deg.3226.62".
    (ii) Explosives Anchorage. The waters of Bellingham Bay within a 
circular area with a radius of 1,000 yards, having its center at 
latitude 48 deg.4247.39", longitude 122 deg.3341.62".
    (3) Port Townsend Anchorages. (i) Fair weather explosives anchorage 
area. A circular area having a radius of 300 yards, whose center is at 
latitude 48 deg.0625.30", longitude 122 deg.4350.60".
    (ii) Foul weather explosives anchorage area. A circular area having 
a radius of 300 yards, whose center is at latitude 48 deg.044.33", 
longitude 122 deg.4456.60".
    (4) Holmes Harbor General Anchorage. All waters of Holmes Harbor 
lying south of a line between latitude 48 deg.0550" N, longitude 
122 deg.3124" W; thence 311 deg.T to latitude 48 deg.0703" N, 
longitude 122 deg.3331" W.
    (5) Port Gardner General Anchorage. All waters in a quadrilateral 
area bounded as follows: Beginning at latitude 47 deg.5857" N, 
longitude 122 deg.1405" W; thence 302 deg.T to latitude 47 deg.5921.5" 
N, longitude 122 deg.1502" W; thence 229 deg.T to latitude 
47 deg.5857" N, longitude 122 deg.1544" W; thence 122 deg.T to 
latitude 47 deg.5832.5" N,

[[Page 548]]

longitude 122 deg.1447" W; thence 048 deg.T to point of origin.
    (6) Thorndike Bay Emergency Explosives Anchorage. All waters in a 
quadrilateral area bounded as follows: Beginning at latitude 
47 deg.4759" N, longitude 122 deg.4330" W; thence 270 deg.T to 
latitude 47 deg.4759" N, longitude 122 deg.4430" W; thence 180 deg.T 
to latitude 47 deg.4730" N, longitude 122 deg.4430" W; thence 
090 deg.T to latitude 47 deg.4730" N, longitude 122 deg.4330" W, 
thence 000 deg.T to point of origin.
    (7) Elliott Bay Anchorages--(i) Smith Cove West General Anchorage. 
All waters inside the area beginning at latitude 47 deg.3820.44" N, 
longitude 122 deg.2448.56" W; thence 207T to latitude 47 deg.3751.6" 
N, longitude 122 deg.2510.5" W; thence 124 deg.T to latitude 
47 deg.3656.2" N, longitude 122 deg.2307" W; thence 000 deg.T to 
latitude 47 deg.3759.5" N, longitude 122 deg.2307" W; thence northwest 
along the shoreline to the point of origin.
    (ii) Smith Cove East General Anchorage. All waters inside the area 
beginning at latitude 47 deg.3736.2" N, longitude 122 deg.2243" W; 
thence 180 deg.T to latitude 47 deg.3656.2" N, longitude 122 deg.2243" 
W; thence 090 deg.T to latitude 47 deg.3656.2" N, longitude 
122 deg.2122.5" W, thence northwest along the shoreline to the point of 
origin.
    (iii) Elliott Bay East General Anchorage. All waters inside the area 
beginning at latitude 47 deg.3525.8" N, longitude 122 deg.2045.5" W; 
thence 000 deg.T to latitude 47 deg.3555.85" N, longitude 
122 deg.2045.5" W; thence 270 deg.T to latitude 47 deg.3555.85" N, 
longitude 122 deg.2130" W; thence 180 deg.T to latitude 47 deg.3519.2" 
N, longitude 122 deg.2130" W; thence east along the shoreline to the 
point of origin.
    (iv) Elliott Bay West General Anchorage. All waters inside the area 
beginning at latitude 47 deg.3530" N, longitude 122 deg.2141" W, 
thence 000 deg.T to latitude 47 deg.3545.5" N, longitude 122 deg.2141" 
W; thence 336 deg.T to latitude 47 deg.3555.85" N, longitude 
122 deg.2148.5" W; thence 270 deg.T to latitude 47 deg.3555.85" N, 
longitude 122 deg.2316.46" W, thence 180 deg.T to Duwamish Head thence 
southeast following the shoreline to latitude 47 deg.3530" N, longitude 
122 deg.2254.5" W; thence 090 deg.T to the point of origin.
    (8) Yukon Harbor General Anchorage. All waters inside the area 
beginning at latitude 47 deg.3354.66" N, longitude 122 deg.3154.68" W; 
thence 106 deg.T to latitude 47 deg.3323" N, longitude 122 deg.2905" 
W; thence 180 deg.T to latitude 47 deg.3239.5" N, longitude 
122 deg.2905" W; thence south along the eastern shoreline of Blake 
Island to latitude 47 deg.3148" N, longitude 122 deg.2921" W; thence 
250 deg.T to latitude 47 deg.3120.5" N, longitude 122 deg.3110" W; 
thence west and north along the Kitsap Peninsula shoreline to the point 
of origin.
    (9) Cherry Point General Anchorage. The waters within a circular 
area with a radius of 1600 yards, having its center at latitude 
48 deg.4829.39" N, longitude 122 deg.46'04.66'' W.
    (10) Anacortes General Anchorages. (i) Anacortes East (ANE) 
Anchorage. The waters within a circular area with a radius of 600 yards, 
having its center at 48 deg.3127" N., 122 deg.3345" W.
    (ii) Anacortes Center (ANC) Anchorage. The waters within a circular 
area with a radius of 600 yards, having its center at 48 deg.3054" N, 
122 deg.3406" W.
    (iii) Anacortes West (ANW) Anchorage. The waters within a circular 
area with a radius of 600 yards, having its center at 48 deg.3109" N, 
122 deg.3455" W.
    (11) Cap Sante Tug and Barge General Anchorage. The Cap Sante Tug 
and Barge General Anchorage includes all waters enclosed by a line 
connecting the following points: 48 deg.3116" N, 122 deg.3600" W, 
which is approximately the northeast tip of Cap Sante; then southeast to 
48 deg.3053" N, 122 deg.3528" W; then west southwest to 48 deg.3045" 
N, 122 deg.3552" W, approximately the south tip of Cap Sante; then 
north along the shoreline to the point of origin.
    (12) Hat Island Tug and Barge General Anchorage. The Hat Island Tug 
and Barge General Anchorage includes all waters enclosed by a line 
connecting the following points: 48 deg.3119" N, 122 deg.3304" W, near 
the west side of Hat Island; then southwest to 48 deg.3037" N, 
122 deg.3338" W; then east to 48 deg.3037" N, 122 deg.3200" W; then 
northwest to the point of origin.
    (13) Commencement Bay General Anchorage. A quadrilateral area 
bounded as follows: Beginning at latitude 47 deg.1736.36" N, longitude 
122 deg.2604.45" W; thence due south to latitude 47 deg.1718.36" N, 
longitude 122 deg.2604.45" W; thence due east to latitude 
47 deg.1718.36" N, longitude 122 deg.2504.45" W; thence due north to 
latitude 47 deg.1732.36" N, longitude

[[Page 549]]

122 deg.2504.45" W; thence west northwest to the point of origin.
    (14) Non-anchorage area Port Angeles Harbor. Beginning at a point on 
the shore at latitude 48 deg.0703.83" N, longitude 123 deg.2420.67" W; 
thence to latitude 48 deg.0738.43" N, longitude 123 deg.2404.67" W; 
thence to latitude 48 deg.0736.03" N, longitude 123 deg.2350.67" W; 
thence to a point on the shoreline at latitude 48 deg.0656.73" N, 
longitude 123 deg.2408.67" W.
    (i) No vessel may anchor in this non-anchorage area at any time.
    (ii) Dragging, seining, fishing, or other activities which may foul 
underwater installations within this non-anchorage area are prohibited.
    (iii) Vessels may transit this non-anchorage area, but must proceed 
by the most direct route and without unnecessary delay.

    Note to paragraph (a)(14):
    The city of Port Angeles will mark this area with signs on the 
shoreline visible (during normal daylight) 1 mile to seaward reading, 
``Do not Anchor in This Area.''

    (b) The regulations. (1) No vessel shall anchor in any general 
anchorage described in paragraph (a) of this section without prior 
permission from the Captain of the Port (COTP), or his authorized 
representative. Vessel Traffic Service Puget Sound is designated as the 
COTP's authorized representative. All vessels should seek permission at 
least 48 hours prior to arrival at the anchorage area in order to avoid 
unnecessary delays.
    (i) Except for the Anacortes General Anchorages, a berth in a 
general anchorage, if available, may be assigned to any vessel by the 
Captain of the Port or his authorized representative upon application 
and he may grant revocable permits for the continuous use of the same 
berth. For the Anacortes General Anchorages, the following hierarchy 
will be applied for assignment of a berth: tankers conducting lightering 
operations, then loaded tankers, and then all other vessels.
    (ii) Tugs and oil barges using the Cap Sante and Hat Island General 
Anchorages are exempt from the requirement to obtain the COTP's 
permission.
    (2) Except for the Anacortes General Anchorages, no vessel shall 
occupy any general anchorage for a period longer than 30 days unless a 
permit is obtained from the Captain of the Port for that purpose. There 
is a 10 days maximum stay at the Anacortes East and Anacortes Center 
general anchorages, and 6 day maximum stay at the Anacortes West general 
anchorage.
    (3) The COTP or his authorized representative may require vessels to 
depart from the Anacortes General Anchorage before the expiration of the 
authorized or maximum stay. The COTP or his authorized representative 
will provide at least 24-hour notice to a vessel required to depart the 
Anacortes General Anchorage.
    (4) No vessel in a condition such that it is likely to sink or 
otherwise become a menace or obstruction to the navigation or anchorage 
of other vessels shall occupy any general anchorage except in an 
emergency and then only for such period as may be permitted by the 
Captain of the Port.
    (5) Within the Anacortes General Anchorages, lightering operations 
shall only be conducted in the Anacortes West and Anacortes Center 
anchorages.
    (6) Tugs and barges using the Cap Sante and Hat Island Barge General 
Anchorages are required to ensure their vessels and barges do not 
project beyond the holding area's boundaries. The tug must be manned, 
remain in attendance with the barge and maintain a communications guard 
with VTS on an appropriate VTS VHF radio working frequency, which is 
currently channel 5A.
    (7) No vessel shall anchor in any general anchorage described in 
paragraph (a) of this section without prior permission from the Captain 
of the Port, or his authorized representative. No vessel shall occupy 
any general anchorage for a period longer than 30 days unless a permit 
is obtained from the Captain of the Port for that purpose. No vessel in 
a condition such that it is likely to sink or otherwise become a menace 
or obstruction to the navigation or anchorage of other vessels shall 
occupy a general anchorage except in an emergency and then only for such 
period as may be permitted by the Captain of the Port. A berth in a 
general anchorage, if available, may be assigned to any vessel by the 
Captain of the Port upon application and he may

[[Page 550]]

grant revocable permits for the continuous use of the same berth.
    (8) Explosive anchorages are reserved for vessels carrying 
explosives. All vessels carrying explosives shall be within these areas 
when anchored.
    (9) Whenever any vessel not fitted with mechanical power, anchors in 
an explosive anchorage, the Captain of the Port may require the 
attendance of a tug upon such vessel, when, in his judgment, such action 
is necessary.
    (10) Vessels carrying explosives shall comply with the general 
regulations in paragraph (b)(1) of this section, when applicable.
    (11) Every vessel at anchor in an explosives anchorage shall display 
by day a red flag at least 16 square feet in area at its mast head or at 
least 10 feet above the upper deck if the vessel has no mast, and by 
night a red light in the same position specified for the flag. These 
signals shall be in addition to day signals and lights required to be 
shown by all vessels when at anchor.
    (12) Every vessel constructed of wood shall, unless there are steel 
bulwarks or metallic cases or cargo on board, be fitted with radar 
reflector screens of metal of sufficient size to permit target 
indication on the radar screen of commercial type radars.
    (13) Fishing and navigation by pleasure and commercial craft are 
prohibited within the area at all times when vessels which are anchored 
in the area for the purpose of loading or unloading explosives display a 
red flag by day and a red light by night, unless special permission is 
granted by the Captain of the Port.
    (14) No explosives handling in any explosive anchorage will be 
undertaken by any vessel unless personnel from the Captain of the Port 
are on board to supervise the handling of explosives.
    (15) No vessel shall remain at anchor in any explosive anchorage 
unless there is on board such vessel a competent watchman or a tug in 
attendance.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967]

    Editorial Note: For Federal Register citations affecting Sec.  
110.230, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec.  110.231  Ketchikan Harbor, Alaska, Large Passenger Vessel Anchorage.

    (a) The anchorage grounds. Ketchikan Harbor, Alaska, Large Passenger 
Vessel Anchorage. The waters of Ketchikan Harbor, Ketchikan, Alaska, 
enclosed by the following boundary lines: A line from Thomas Basin 
Entrance Light ``2'' to East Channel Lighted Buoy ``4A'', to Pennock 
Island Reef Lighted Buoy ``PR'', to Wreck Buoy ``WR6'', then following a 
line bearing 064 degrees true to shore. This anchorage is effective 24 
hours per day from 1 May through 30 September, annually.
    (b) The regulations. (1) When transiting through the anchorage, all 
vessels using propulsion machinery shall proceed across the anchorage by 
the most direct route and without unnecessary delay. Sudden course 
changes within the anchorage are prohibited.
    (2) No vessels, other than a large passenger vessel of over 1600 
gross tons, (including ferries), may anchor within the anchorage without 
the express consent of the Captain of the Port, Southeast Alaska.

[CGD17-99-002, 64 FR 29558, June 2, 1999]



Sec.  110.232  Southeast Alaska.

    (a) The anchorage grounds--(1) Hassler Harbor--explosives anchorage. 
The waters of Hassler Harbor within a circular area with a radius of 
1,500 yards, having its center at latitude 55 deg.1252" N., longitude 
131 deg.2552" W.
    (b) The regulations. (1) Except in an emergency, only a vessel that 
is transporting, loading or discharging explosives may anchor, moor, or 
remain within the Hassler Harbor explosives anchorage.
    (2) A master or person in charge of a vessel shall obtain a written 
permit from the Captain of the Port, Southeast, Alaska, to anchor, moor, 
or remain within the explosives anchorage. The vessel shall anchor in 
the position specified by the permit.
    (3) The net weight of the explosives laden aboard all vessels 
anchored, moored, or remaining within the anchorage shall not exceed 
800,000 pounds.
    (4) The Captain of the Port, Southeast, Alaska, may require a 
nonself propelled vessel to be attended by a tug

[[Page 551]]

while moored, anchored, or remaining within the explosives anchorage.
    (5) A wooden vessel must:
    (i) Be fitted with a radar reflector screen of metal of sufficient 
size to permit target indication on the radar screen of commercial type 
radar; or
    (ii) Have steel bulwarks; or
    (iii) Have metallic cases or cargo aboard.
    (6) Each vessel moored, anchored, or remaining within the explosives 
anchorage and carrying, loading, or discharging explosives from sunrise 
to sunset shall display:
    (i) A red flag from the mast; or
    (ii) A sign posted on each side of the vessel reading ``Explosive--
Keep Clear--No Smoking or Open Flame'' in letters that are 3 inches or 
larger and have sufficient contrast with the background to be seen from 
a distance of 200 feet.
    (7) Each vessel moored, anchored, or remaining within the anchorage 
during the night shall display:
    (i) Anchor lights; and
    (ii) A 32 point red light located from the mast or highest part of 
the vessel to be visible all around the horizon for a distance of 2 
miles.

[CGFR 71-86A, 36 FR 20603, Oct. 27, 1971, as amended by CGD 77-020, 42 
FR 30618, June 16, 1977]



Sec.  110.233  Prince William Sound, Alaska.

    (a) The anchorage grounds. In Prince William Sound, Alaska, 
beginning at a point at latitude 60 deg.4000" N., longitude 
146 deg.4000" W.; thence south to latitude 60 deg.3800" N., longitude 
146 deg.4000" W.; thence east to latitude 60 deg.3800" N., longitude 
146 deg.3000" W.; thence north to latitude 60 deg.3900" N., longitude 
146 deg.3000" W.; thence northwesterly to the beginning point.
    (b) The regulations. (1) This anchorage area is for the temporary 
use of vessels during:
    (i) Adverse weather or tidal conditions;
    (ii) Vessel equipment failure; or
    (iii) Delays at Port Valdez;
    (2) No vessel may anchor in this anchorage without notifying the 
vessel traffic center in Valdez; and
    (3) Each vessel anchored shall notify the vessel traffic center in 
Valdez when it weighs anchor.

[CGD 77-144, 43 FR 21459, May 18, 1978]



Sec.  110.235  Pacific Ocean (Mamala Bay), Honolulu Harbor, Hawaii 
(Datum: NAD 83).

    (a) The anchorage grounds--(1) Anchorage A. The waters bounded by 
the arc of a circle with a radius of 350 yards with the center located 
at:

Latitude                             Longitude
 
211657" N                            1575312" W
 

    (2) Anchorage B. The waters bounded by a line connecting the 
following coordinates:

211706" N                           1575440" W; to
211722" N                           1575440" W; to
211722" N                           1575419" W; to
211706" N                           1575419" W; and thence to
211706" N                           1575440" W
 

    (3) Anchorage C. The waters bounded by the arc of a circle with a 
radius of 450 yards with the center located at:

211709" N                           1575455" W
 

    (4) Anchorage D. The waters bounded by the arc of a circle with a 
radius of 450 yards with the center located at:

211721" N                           1575520" W
 

    (b) The regulations. (1) Anchors must be placed inside the anchorage 
areas.
    (2) The anchorages are general anchorages for commercial vessels. 
Anchorage A should be used only if Anchorages B, C, and D are full.
    (3) No bunkering operations or vessel to vessel transfer of oil in 
bulk of any kind is permitted within Anchorage A.
    (4) Nothing in this section shall be construed as relieving the 
owner or person in charge of any vessel from complying with the rules of 
navigation and with safe navigation practice.
    (c) Before entering into the anchorage grounds in this section you 
must first obtain permission from the Captain of the Port Honolulu.

[CGD14-93-003, 59 FR 40820, Aug. 10, 1994, as amended by CGD14-03-001, 
68 FR 20346, Apr. 25, 2003]

[[Page 552]]



Sec.  110.236  Pacific Ocean off Barbers Point, Island of Oahu, Hawaii:
Offshore pipeline terminal anchorages.

    (a) The anchorage grounds--(1) Anchorage A. The waters within an 
area described as follows: A circle of 1,000 feet radius centered at 
latitude 21 deg.1743.6" N., longitude 158 deg.0736.1" W. (Datum NAD 
83)
    (2) Nonanchorage area A. The waters extending 300 feet on either 
side of a line bearing 059 deg. from anchorage A to the shoreline at 
latitude 21 deg.1810.6" N., longitude 158 deg.0647.1" W. (Datum NAD 
83)
    (3) Anchorage B. The waters enclosed by a line beginning at latitude 
21 deg.1620.1" N., longitude 158 deg.0459.1" W.; thence to latitude 
21 deg.1552.5" N., longitude 158 deg.057" W.; thence to latitude 
21 deg.1559.7" N., longitude 158 deg.0535.9" W.; thence to latitude 
21 deg.1627.4" N., longitude 158 deg.0528" W.; thence to the point of 
beginning. (Datum NAD 83)
    (4) Nonanchorage area B. The waters extending 300 feet on either 
side of a line bearing 334.5 deg. from anchorage B to the shoreline at 
latitude 21 deg.1739.1" N., longitude 158 deg.0603.2" W. (Datum NAD 
83)
    (5) Anchorage C. The waters enclosed by a line beginning at latitude 
21 deg.1646.6" N., longitude 158 deg.0429.1" W.; thence to latitude 
21 deg.1646.6" N., longitude 158 deg.0402.1" W.; thence to latitude 
21 deg.1632.6" N., longitude 158 deg.0402.1" W.; thence to latitude 
21 deg.1632.6" N., longitude 158 deg.0429.1" W.; thence to the point 
of beginning. (Datum NAD 83)
    (6) Nonanchorage area C. The waters extending 300 feet on either 
side of a line bearing 306 deg. from anchorage C to the shoreline at 
latitude 21 deg.1742.6" N., longitude 158 deg.0557.9" W. (Datum NAD 
83)
    (7) Anchorage D. The waters enclosed by a line beginning at latitude 
21 deg.1748.6" N., longitude 158 deg.0710.1" W.; thence to latitude 
21 deg.1744.6" N., longitude 158 deg.0706.1" W.; thence to latitude 
21 deg.1737.6" N., longitude 158 deg.0714.1" W.; thence to latitude 
21 deg.1741.6" N., longitude 158 deg.0718.1" W.; thence to the point 
of beginning. (Datum NAD 83)
    (b) The regulations. (1) No vessels may anchor, moor, or navigate in 
anchorages A, B, C, or D except:
    (i) Vessels using the anchorages and their related pipelines for 
loading or unloading;
    (ii) Commercial tugs, lighters, barges, launches, or other vessels 
engaged in servicing the anchorage facilities or vessels using them;
    (iii) Public vessels of the United States.
    (2) When vessels are conducting loading or unloading operations as 
indicated by the display of a red flag (international code flag B) at 
the masthead, passing vessels of over 100 gross tons shall not approach 
within 1,000 yards at a speed in excess of 6 knots.
    (3) The owner of any vessel wanting to use an anchorage ground and 
use of the related pipeline facilities shall notify the Captain of the 
Port, Honolulu, Hawaii, and the Commanding Officer, U.S. Naval Air 
Station, Barbers Point, Hawaii, at least 24 hours in advance of desired 
occupancy of the anchorage ground by the vessel. Such notification must 
include the maximum height above the waterline of the uppermost portion 
of the vessel's mast and a description of the masts' lighting including 
height of the highest anchor light and any aircraft warning lights to be 
displayed by the vessel at night.
    (4) When, in the opinion of the Captain of the Port, or his 
authorized representative, oil transfer operations within these 
anchorages could jeopardize the safety of vessels or facilities in the 
area, or cause an undue risk of oil pollution, such oil transfer 
operations shall be immediately terminated until such time as the 
cognizant Coast Guard officer determines that the danger has subsided.
    (5) Nonanchorage areas A, B, and C are established for the 
protection of submerged pipelines. Except for vessels servicing pipeline 
facilities, no anchoring, dragging, seining or other potential pipeline 
fouling activities are permitted within these areas.
    (6) Nothing in this section shall be construed as relieving the 
owner or person in charge of any vessel from complying with the rules of 
the road and safe navigation practice.

[[Page 553]]

    (7) The regulations of this section are enforced by the Captain of 
the Port or his duly authorized representative.

[CGD 73-59R, 38 FR 16777, June 26, 1973, as amended by CGD 96-026, 61 FR 
33663, June 28, 1996; USCG-2002-12471, 67 FR 41332, June 18, 2002]



Sec.  110.237  Pacific Ocean at Waimea, Hawaii, Naval Anchorage.

    (a) The Anchorage grounds. All the waters within a circle having a 
radius of 300 yards centered at latitude 21 deg.5650.7" N., longitude 
159 deg.4122.9" W. (Datum NAD 83)
    (b) The regulation. Except in an emergency, no vessel except a Naval 
vessel may anchor or moor in this anchorage without permission of the 
Captain of the Port, Honolulu, Hawaii.

[CGD 74-187, 41 FR 54176, Dec. 13, 1976, as amended by CGD 96-026, 61 FR 
33663, June 28, 1996; USCG-2002-12471, 67 FR 41332, June 18, 2002]



Sec.  110.238  Apra Harbor, Guam.

    (a) The anchorage grounds (Datum: WGS 84). (1) General Anchorage. 
The waters bounded by a line connecting the following points:

132732.0" N                         1443936.8" E
132721.0" N                         1443922.8" E
132712.5" N                         1443725.4" E
 

and thence along the shoreline to

132745.5" N                         1443934.8" E
 

and thence to the point of beginning.

    (2) Explosives Anchorage 701. The water in Naval Anchorage A bounded 
by the arc of a circle with a radius of 350 yards and located at:

132654.0" N                         1443753.5" E
 

    (3) Naval Explosives Anchorage 702. The waters in the General 
Anchorage bounded by the arc of a circle with a radius of 350 yards and 
with the center located at:

132729.9" N                         1443813.0" E
 

    (4) Naval Anchorage A. The waters bounded by a line connecting the 
following points:

132647.3" N                         1443742.6" E
132702.0" N                         1443742.6" E
132710.6" N                         1443900.8" E
132659.6" N                         1443900.8" E
132659.6" N                         1443908.6" E
132654.3" N                         1443908.6" E
132654.3" N                         1443924.2" E
132642.2" N                         1443924.2" E
132640.4" N                         1443801.8" E
 

and thence to the point of beginning.

    (5) Naval Anchorage B. The waters bounded by a line connecting the 
following points:

132643.7" N                         1443953.3" E
132653.6" N                         1444003.8" E
132651.0" N                         1444006.0" E
132641.0" N                         1443956.0" E
 

and thence along the shoreline to the point of beginning.

    (b) The regulations--(1) General Anchorage. Any vessel may anchor in 
the General Anchorage except vessels carrying more than 25 tons of high 
explosives.
    (2) Explosives Anchorage 701. Vessels carrying more than 25 tons of 
high explosives must use Anchorage 701, unless otherwise directed by the 
Captain of the Port.
    (3) Naval Explosives Anchorage 702. Except Naval vessels using the 
anchorage as directed by local Naval authorities, no vessel may anchor 
so that any part of the hull or rigging, or the anchor tackle may extend 
into Anchorage 702 at any time.
    (4) Naval Anchorages A and B. (i) Except as provided in paragraph 
(b)(3)(ii) of this section, non-naval vessels may not anchor within 
these anchorages or use the mooring buoys therein without permission of 
the local Naval authorities obtained through the Captain of the Port. 
(There is a user charge for the use of these mooring buoys.)
    (ii) Small craft that are continuously manned and capable of getting 
underway may anchor within these anchorages during daylight hours 
without prior approval of the Captain of the Port.
    (5) General regulations. (i) Vessels may use the Naval mooring buoys 
in the General Anchorage without charge for a period up to 72 hours if 
authorized by the Captain of the Port. Vessels so moored shall promptly 
move at their own expense upon notification from the Captain of the 
Port.
    (ii) Except for vessels not more than 65 feet in length, all vessels 
shall anchor in an anchorage ground.
    (iii) Vessels anchored in an anchorage ground shall place their 
anchors within the anchorage ground so that no

[[Page 554]]

portion of the hull or rigging at any time extends outside the anchorage 
ground.
    (iv) No vessel may anchor in the harbor for more than 30 consecutive 
days without permission of the Captain of the Port.

[CDG14-87-02, 52 FR 25864, July 9, 1987, as amended by CGD14-89-01, 55 
FR 27465, July 3, 1990]



Sec.  110.239  Island of Tinian, CNMI.

    (a) The anchorage grounds (based on 1944 Saipan Datum):
    (1) Explosives Anchorage A. A circular area intersecting the 
shoreline having a radius of 1,900 yards centered at latitude 
14 deg.5857.0" N, longitude 145 deg.3540.8" E.
    (2) Explosives Anchorage B. A circular area intersecting the 
shoreline having a radius of 1,900 yards centered at latitude 
14 deg.5815.9" N, longitude 145 deg.3554.8" E.
    (b) The regulations: Explosives Anchorages A and B; with the 
exception of explosives laden naval vessels at explosives anchorage A 
and B, no vessel may anchor within these areas without permission of the 
Captain of the Port. No vessel of more than 500 gross tons displacement 
may enter these areas except for the purpose of anchoring in accordance 
with this section.

[CGD 14-87-01, 52 FR 26146, July 13, 1987]



Sec.  110.240  San Juan Harbor, P.R.

    (a) The anchorage grounds--(1) Temporary Anchorage E (general). 
Beginning at a point which bears 262 deg. T, 878 yards from Isla Grande 
Aero Beacon; thence along a line 75 deg.47, 498 yards; thence along a 
line 134 deg.49, 440 yards; thence along a line 224 deg.49 to the 
northerly channel limit of Graving Dock Channel, and thence to the point 
of beginning.
    (2) Restricted Anchorage F. Beginning at a point which bears 
212 deg.30, 1,337.5 yards from Isla Grande Light; thence along a line 
269 deg.00, 550 yards; thence along a line 330 deg.00 to the westerly 
channel limit of Anegado Channel; and thence along the westerly channel 
limit of Anegado Channel to the point of beginning.
    (b) The regulations. (1) Vessels awaiting customs or quarantine 
shall use Temporary Anchorage E. No vessel shall remain in this 
anchorage more than 24 hours without a permit from the U.S. Coast Guard 
Captain of the Port.
    (2) Restricted Anchorage F shall serve both as an additional general 
anchorage area in cases where the temporary anchorage is full, and as an 
explosives anchorage for vessels loading or unloading explosives in 
quantities no greater than forty (40) tons, Commercial Class ``A'' 
Explosives, when so authorized by the United States Coast Guard Captain 
of the Port. No vessel shall enter or anchor therein without first 
obtaining a permit from the United States Coast Guard Captain of the 
Port.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD 79-119, 45 FR 
32673, May 19, 1980; CGD 7-83-29, 49 FR 48540, Dec. 13, 1984; 50 FR 
5580, Feb. 11, 1985]



Sec.  110.245  Vieques Passage and Vieques Sound, near Vieques Island, P.R.

    (a) The anchorage grounds--(1) Vieques Passage explosives anchorage 
and ammunition handling berth (Area 1). A circular area having a radius 
of 1,700 yards with its center at latitude 18 deg.0900" N., longitude 
65 deg.3240" W.
    (2) Vieques Sound explosives anchorage and ammunition handling berth 
(Area 2). A circular area having a radius of 2,000 yards with its center 
at latitude 18 deg.1148", longitude 65 deg.2606".
    (3) Southern Vieques Passage explosives anchorage and ammunition 
handling berth (Area 3). A circular area having a radius of 2,000 yards 
with its center at latitude 18 deg.0551", longitude 65 deg.3614".
    (b) The regulations. (1) No vessel or craft shall enter or remain in 
these anchorages while occupied by vessels having on board explosives or 
other dangerous cargo. Explosives in quantities no greater than 1,625 
short tons will be handled in any area at one time.
    (2) The regulations of this section shall be enforced by the 
Commander, Coast Guard Sector, San Juan, Puerto Rico, and such agencies 
as he may designate.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD 77-067, 44 FR 
50040, Aug. 27, 1979; USCG-2008-0179, 73 FR 35012, June 19, 2008]

[[Page 555]]



Sec.  110.250  St. Thomas Harbor, Charlotte Amalie, V.I.

    (a) The anchorage grounds--(1) Inner harbor anchorage. Beginning at 
a point bearing 85 deg., 525 yards from the outer end of a pier at 
latitude 18 deg.2019", longitude 64 deg.5626" (approximate); thence 
146 deg., 800 yards; thence 70 deg., 860 yards; thence 340 deg., 500 
yards; and thence to the point of beginning.
    (2) Outer harbor anchorage. Beginning at Scorpion Rock lighted buoy 
No. 1 (latitude 18 deg.1925.6", longitude 64 deg.5541.8"); thence 
180 deg., 1,580 yards; thence 264 deg.30, 2,490 yards; thence due north 
1,255 yards; thence due east to the southerly tip of Sprat Point, Water 
Island; thence to Cowell Point, Hassel Island; and thence to the point 
of beginning.
    (3) East Gregerie Channel anchorage (general purpose). Bounded on 
the northeast by Hassel Island; on the southeast by the northwest 
boundary of the outer harbor anchorage; on the southwest by Water 
Island; and on the northwest by a line running from Banana Point, Water 
Island, 55 deg. to Hassel Island.
    (4) Small-craft anchorage. All the waters north of a line passing 
through the outer end of a pier at latitude 18 deg.2019", longitude 
64 deg.5626" (approximate) and ranging 85 deg..
    (5) Deep-draft anchorage. A circular area having a radius of 400 
yards with its center at latitude 18 deg.1912.2", longitude 
64 deg.5847.8".
    (6) Long Bay anchorage. The waters of Long Bay bounded on the north 
by the southerly limit line of Anchorage E, on the west by the easterly 
limit line of Anchorage A to a point at latitude 18 deg.2018", thence 
to latitude 18 deg.2013", longitude 64 deg.5521"; and thence to the 
shoreline at latitude 18 deg.2015", longitude 64 deg.5513".
    (b) The regulations. (1) The outer harbor anchorage shall be used by 
vessels undergoing examination by quarantine, customs, immigration, and 
Coast Guard officers. Upon completion of these examinations, vessels 
shall move promptly to anchorage. This anchorage shall also be used by 
vessels having drafts too great to permit them to use the inner harbor 
anchorage. No vessel shall remain more than 48 hours in this anchorage 
without a permit from the Harbor Master.
    (2) The small-craft anchorage shall be used by small vessels 
undergoing examination and also by small vessels anchoring under permit 
from the Harbor Master.
    (3) The requirements of the Navy shall predominate in the deep-draft 
anchorage. When occupied by naval vessels all other vessels and craft 
shall remain clear of the area. When the area is not required for naval 
vessels, the Harbor Master may upon application made in advance assign 
other vessels to the area. Vessels so assigned and occupying the area 
shall move promptly upon notification by the Harbor Master.
    (4) The harbor regulations for the Port of St. Thomas, V.I. of the 
United States and approaches thereto, including all waters under its 
jurisdiction, as adopted by the Government of the Virgin Islands, will 
apply to the Long Bay Anchorage.
    (5) In addition, the Long Bay Anchorage is reserved for all types of 
small vessels, including sailing and motor pleasure craft, and such 
craft shall anchor in no other area except Anchorage E, in the northern 
portion of the harbor of Charlotte Amalie.
    (6) Floats for marking anchors in place will be allowed in the Long 
Bay anchorage; stakes or mooring piles are prohibited.
    (7) Vessels not more than 65 feet in length are not required to 
exhibit or carry anchor lights within the Long Bay anchorage, but must 
display them if emergency requires anchoring in any other part of the 
harbor.
    (8) No vessel may anchor in any of the St. Thomas Harbor Anchorages 
without a permit from the Harbor Master.
    (9) The Coast Guard Captain of the Port San Juan is hereby 
empowered, whenever the maritime or commercial interests of the United 
States so require, to shift the position of any vessel anchored within 
the Long Bay anchorage, and of any vessel which is so moored or anchored 
as to impede or obstruct vessel movement in the harbor,

[[Page 556]]

and to enforce all regulations of this section should the need arise.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by USCG-2008-0179, 
73 FR 35012, June 19, 2008]



Sec.  110.255  Ponce Harbor, P.R.

    (a) Small-craft anchorage. On the northwest of Ponce Municipal Pier 
and northeast of Cayitos Reef, bounded as follows: Beginning at latitude 
17 deg.5827", longitude 66 deg.3729.5", bearing approximately 325 deg. 
true, 2,200 feet from the most southwest corner of Ponce Municipal Pier; 
thence 273 deg.30 true, 1,800 feet; thence 15 deg. true, 900 feet; 
thence 93 deg.30 true, 1,800 feet; thence 195 deg. true, 900 feet to 
the point of beginning.
    (b) The regulations. (1) The Commonwealth Captain of the Port may 
authorize use of this anchorage whenever he finds such use required in 
safeguarding the maritime or commercial interests.
    (2) No vessel shall anchor within the area until assigned a berth by 
the Commonwealth Captain of the Port. Application for permission to 
occupy the anchorage must be submitted in advance by the master or 
authorized representative of the vessel.
    (3) Vessels occupying the anchorage will at all times keep within 
the limits of the area, and shall move or shift their position promptly 
upon notification by the Commonwealth Captain of the Port.
    (4) The anchorage is reserved for all types of small craft, 
including schooners, fishing vessels, yachts and pleasure craft.
    (5) Floats for marking anchors in place will be allowed; stakes or 
mooring piles are prohibited.

[[Page 557]]



                          SUBCHAPTER J_BRIDGES





PART 114_GENERAL--Table of Contents



Sec.
114.01 Purpose.
114.05 Definitions.
114.10 General policies on issuance of permits and drawbridge operation 
          regulations.
114.20 Departure from permit plans.
114.25 Work constructed without prior authority.
114.30 Revocation.
114.40 Violations of law.
114.45 Applications, extensions of time.
114.50 Right of appeal.

    Authority: 33 U.S.C. 401, 406, 491, 494, 495, 499, 502, 511, 513, 
514, 516, 517, 519, 521, 522, 523, 525, 528, 530, 533, and 535(c), (e), 
and (h); 14 U.S.C. 633; 49 U.S.C. 1655(g); Pub. L. 107-296, 116 Stat. 
2135; 33 CFR 1.05-1 and 1.01-60, Department of Homeland Security 
Delegation Number 0170.1.

    Source: CGFR 67-46, 32 FR 17769, Dec. 12, 1967, unless otherwise 
noted.



Sec.  114.01  Purpose.

    (a) The purpose of the rules and regulations in this subchapter is 
to implement certain laws and set forth the requirements for:
    (1) Locations and clearances of bridges and causeways over the 
navigable waters;
    (2) Administration of the alteration of unreasonably obstructive 
bridges; and
    (3) Regulation of drawbridge operation.
    (b) The rules and regulations in this subchapter also describe the 
procedures, practices, and instructions, which are applicable to the 
public subject to certain laws governing bridges and causeways over the 
navigable waters of the United States.

[USCG-2008-0179, 73 FR 35012, June 19, 2008, as amended by USCG-2013-
0397, 78 FR 39174, July 1, 2013]



Sec.  114.05  Definitions.

    The following definitions apply to this subchapter:
    Approved means approved by the Commandant unless otherwise stated.
    Bridge means a structure erected across navigable waters of the 
United States, and includes causeways, approaches, fenders, and other 
appurtenances thereto.
    Coast Guard District Commander or District Commander means an 
officer of the Coast Guard designated as such by the Commandant to 
command all Coast Guard activities within his or her district. (See part 
3 of this chapter for descriptions of Coast Guard Districts.)
    Commandant means Commandant, U.S. Coast Guard, Department of 
Homeland Security, Washington, DC 20593.
    Deputy Commandant for Operations means the officer of the Coast 
Guard designated by the Commandant as the staff officer in charge of 
``Operations'' (DCO), U.S. Coast Guard Headquarters.
    District Office or Coast Guard District Office means the Office of 
the Commander of a Coast Guard District.
    Headquarters or Coast Guard Headquarters means the Office of the 
Commandant, U.S. Coast Guard, Department of Homeland Security, 
Washington, DC 20593-7000.
    Permit means the license permitting construction of bridges and 
approaches thereto in or over navigable waters of the United States, 
issued under the rules and regulations in this subchapter.
    Secretary means the Secretary of Homeland Security or any person to 
whom he or she has delegated his or her authority in the matter 
concerned.
    United States Coast Guard or Coast Guard means the organization or 
agency established by the Act of January 28, 1915, as amended (14 U.S.C. 
1).

[USCG-2012-0306, 77 FR 37313, June 21, 2012]



Sec.  114.10  General policies on issuance of permits and drawbridge
operation regulations.

    The several bridge laws referenced in the Authority for part 114, 
are intended to prevent any interference with navigable waters of the 
United States whether by bridges, dams, dikes or other obstructions to 
navigation except by express permission of the United States. The 
decision as to whether a bridge permit or a drawbridge operation 
regulation will be

[[Page 558]]

issued or promulgated must rest primarily upon the effect of the 
proposed action on navigation to assure that the action provides for the 
reasonable needs of navigation after full consideration of the effect of 
the proposed action on the human environment. The Coast Guard is not 
responsible for any other permits that the applicant may need from other 
federal, state, or local agencies and issuance of a bridge permit does 
not affect flood control projects or other governmental programs.

[CGD 82-006, 47 FR 36640, Aug. 23, 1982, as amended by USCG-2000-7223, 
65 FR 40056, June 29, 2000; USCG-2013-0397, 78 FR 39174, July 1, 2013]



Sec.  114.20  Departure from permit plans.

    (a) If the final inspection shows a minor departure from the 
authorized plans which does not materially affect navigation, the 
permittee will be required to furnish as-built plans showing the work as 
actually constructed but no further action will be taken by the Coast 
Guard.
    (b) It is not the practice of the Coast Guard to issue letters 
certifying that completed work conforms to that which was authorized. 
That question is a matter of fact to be determined in case of 
controversy by the usual rules of court procedure.

[CGFR 67-46, 32 FR 17769, Dec. 12, 1967, as amended by USCG-2012-0306, 
77 FR 37314, June 21, 2012]



Sec.  114.25  Work constructed without prior authority.

    The Commandant or District Commander will approve plans and issue 
permits authorizing bridges across navigable waters, in cases where the 
application therefor is submitted after the commencement or completion 
of the bridges subject to the following rules: Approval will be limited 
to those cases where the necessary primary authority, State or Federal 
as the case may be, validly existed, when the work was innocently 
constructed, and where the work will not unreasonably interfere with 
navigation. Upon issuance of the permit, applicant will be informed that 
the law contemplates prior approval and that in the future plans must be 
submitted in ample time for their consideration by the Commandant or 
District Commander before construction is begun.

(5 U.S.C. 559; 14 U.S.C. 633; 33 U.S.C. 401, 491, 499, and 525; and 49 
CFR 1.46(c) and (q))

[CGD 80-099, 46 FR 38354, July 27, 1981, as amended by USCG-2013-0397, 
78 FR 39174, July 1, 2013]



Sec.  114.30  Revocation.

    Permits may be revoked by the issuing official for failure on the 
part of the permittee to comply with any of the conditions therein, or 
where the structures or other work constitute an unreasonable 
obstruction to navigation or to operations of the United States in the 
interest of navigation or flood control.

[CGD 82-006, 47 FR 36640, Aug. 23, 1982]



Sec.  114.40  Violations of law.

    The Coast Guard has the authority and responsibility for enforcement 
of the applicable provisions of law for the protection and preservation 
of navigable waters. It is the policy of the Coast Guard to secure 
compliance with these provisions of law short of legal proceedings. As a 
general principle, no action is taken when the violation is minor, 
unintentional, or accidental and the party responsible corrects the 
violation. It is the policy of the Coast Guard to implement civil or 
criminal proceedings in all other circumstances. These proceedings are 
in subpart 1.07 of Part 1 of this chapter.

(Secs. 107, 108, Pub. L. 97-322, 96 Stat. 1582; (33 U.S.C. 495, 499, 
502, 525, 533); 49 CFR 1.46(c))

[CGD 82-102, 47 FR 54299, Dec. 2, 1982, as amended by USCG-2001-9286, 66 
FR 33641, June 25, 2001]



Sec.  114.45  Applications, extensions of time.

    Extensions of time to commence or complete construction of a bridge 
or remove a bridge that has been replaced as an element of a permitted 
bridge project must be submitted to, and received by the District 
Commander at least 30 days before the existing permit expires to allow 
the permit to remain

[[Page 559]]

in effect until the final agency action is taken.

(33 U.S.C. 401, 491, 525, 535; 49 CFR 1.46(c) (8), (9), (10), (q))

[CGD 76-144, 42 FR 28882, June 6, 1977]



Sec.  114.50  Right of appeal.

    A District Commander's decision to deny a bridge permit application 
or an application for drawbridge operation regulations may be appealed 
to the Commandant, U.S. Coast Guard. The appeal must be submitted in 
writing to the Commandant (CG-BRG), Attn: Office of Bridge Programs, 
U.S. Coast Guard Stop 7418, 2703 Martin Luther King Jr. Avenue SE., 
Washington, DC 20593-7418, within 60 days of the District Commander's 
decision. The Commandant will take action on the appeal within 90 days 
of its receipt.

(5 U.S.C. 559; 14 U.S.C. 633; 33 U.S.C. 401, 491, 499, and 525; and 49 
CFR 1.46(c) and (q))

[CGD 80-099, 46 FR 38354, July 27, 1981]

    Editorial Note: For Federal Register citations affecting Sec.  
114.50, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



PART 115_BRIDGE LOCATIONS AND CLEARANCES; ADMINISTRATIVE PROCEDURES
--Table of Contents



Sec.
115.01 Purpose.
115.05 Necessary primary authority.
115.10 Limiting date in permits.
115.15 Permit bonds.
115.20 Transfer of permits.
115.30 Sufficiency of State authority for bridges.
115.40 Bridge repairs.
115.50 Applications for bridge permits.
115.60 Procedures for handling applications for bridge permits.
115.70 Advance approval of bridges.

    Authority: c. 425, sec. 9, 30 Stat. 1151 (33 U.S.C. 401); c. 1130, 
sec. 1, 34 Stat. 84 (33 U.S.C. 491); sec. 5, 28 Stat. 362, as amended 
(33 U.S.C. 499); sec. 11, 54 Stat. 501, as amended (33 U.S.C. 521); c. 
753, Title V, sec. 502, 60 Stat. 847, as amended (33 U.S.C. 525); 86 
Stat. 732 (33 U.S.C. 535); 14 U.S.C. 633.

    Source: CGFR 67-46, 32 FR 17771, Dec. 12, 1967, unless otherwise 
noted.



Sec.  115.01  Purpose.

    This part states the requirements for applying for a permit to 
construct or modify bridges crossing the navigable waters of the United 
States. It also sets forth the procedures by which the application is 
processed by the Coast Guard.

[CGD 82-006, 47 FR 36641, Aug. 23, 1982, as amended by USCG-2012-0306, 
77 FR 37314, June 21, 2012]



Sec.  115.05  Necessary primary authority.

    For bridges constructed by State or municipal agencies, the primary 
authority will be presumed without proof. If the law of the State 
requires a license for or approval of the bridge from a constituted 
State agency, a copy of such license or approval will be required and 
may be accepted as evidence of the primary authority. If there is no 
State regulation of bridges in navigable waters, the necessary primary 
authority may be that granted in the charter of a corporation, or the 
authority inherent in the ownership of the land on which the structure 
is placed. The applicant will in such cases be required to furnish an 
extract from the charter, or a statement of ownership. Special care will 
be taken that Federal approval is not granted when there is doubt of the 
right of the applicant to construct and utilize the bridge.

[CGFR 67-46, 32 FR 17771, Dec. 12, 1967, as amended by USCG-2011-0257, 
76 FR 31836, June 2, 2011: USCG-2012-0306, 77 FR 37314, June 21, 2012]



Sec.  115.10  Limiting date in permits.

    (a) Specific time limitations are inserted in all permits for the 
commencement of construction and completion thereof. Normally three 
years for start of construction and two additional years for completion 
may be allowed.
    (b) Specific time limitations are inserted in all permits for the 
removal of bridges being replaced in whole or in part by the newly 
permitted bridges where removal thereof is required as a condition of 
the permit. Normally 90 days for removal after completion of the new 
bridge or opening to land

[[Page 560]]

transportation, whichever occurs first, may be allowed.

[CGD 75-046, 40 FR 24898, June 11, 1975, as amended by CGD 80-099, 46 FR 
38354, July 27, 1981]



Sec.  115.15  Permit bonds.

    When compensatory works or the removal of temporary structures 
should be required of the permittee, or in other unusual cases when 
there is reason to anticipate that the permittee may fail to carry out 
parts of the work that are against his interest, an additional condition 
will be included in the permit requiring the permittee to furnish a bond 
insuring compliance with the permit requirements.



Sec.  115.20  Transfer of permits.

    Permits express merely the assent of the Federal Government so far 
as concerns the public rights of navigation. Although issued to a 
specific party, the assent is not limited to execution of the work by 
that party and may be availed of by the assignees or purchasers of the 
property affected, provided the terms of the instrument are strictly 
complied with.



Sec.  115.30  Sufficiency of State authority for bridges.

    An opinion of the attorney general of the State as to the 
sufficiency of State authority for the construction of a bridge is 
acceptable to the Coast Guard in doubtful cases.



Sec.  115.40  Bridge repairs.

    Repairs to a bridge which do not alter the clearances, type of 
structure, or any integral part of the substructure or superstructure or 
navigation conditions, but which consist only in the replacement of worn 
or obsolete parts, may, if the bridge is a legally approved structure, 
be made as routine maintenance without a formal permit action from the 
U.S. Coast Guard.

[CGFR 67-46, 32 FR 17771, Dec. 12, 1967, as amended by USCG-2012-0306, 
77 FR 37314, June 21, 2012]



Sec.  115.50  Application for bridge permits.

    (a) Application. An application for authorization to construct a 
bridge across navigable waters of the United States must include the 
name, address, and telephone number of the applicant; the waterway and 
location of the bridge; a citation to the applicable act of Congress; 
when appropriate, a citation to the State legislation authorizing the 
bridge; a map of the location and plans of the bridge showing the 
features which affect navigation; and papers to establish the identity 
of the applicant.
    (b) Prior authority necessary. Except as provided under paragraph 
(c) of this section, a bridge cannot lawfully be constructed across any 
navigable waterway of the United States until the location and plans 
have been approved by the Coast Guard.
    (c) Prior authority not necessary. Coast Guard approval of the 
location and plans for construction or modification of a bridge or 
causeway is not required for any bridge or causeway over waters which 
are not subject to the ebb and flow of the tide and which are not used 
and are not susceptible to use in their natural condition or by 
reasonable improvement as a means to transport interstate or foreign 
commerce, whether or not such waters were used or were susceptible to 
use, at some previous time, to transport commerce (historic use). This 
provision does not apply to bridges which connect the United States with 
any foreign country.
    (d) Signature. In case of signature by an agent or by an official of 
a corporation, a duly authenticated copy of the authority for the action 
must accompany the application.
    (e) Identification. If the applicant is a corporation, it must 
furnish certified copies of the following papers, all properly 
authenticated: The charter or articles of incorporation; the minutes of 
organization; extract from minutes showing the names of the present 
officers of the corporation.
    (1) Where State laws vest in State or county officers, such as 
boards of supervisors and county courts, the power to authorize the 
construction of bridges, they must furnish with their application 
certified extracts from their proceedings showing their action 
authorizing the proposed structure.

[[Page 561]]

    (f) Plans. One reproducible set of plans must be submitted with the 
application, on which the location of the work and the essential 
features covered by the application will be identified. Each drawing 
must have a title block located in the lower right-hand corner 
identifying the applicant/agent and bridge owner; the waterway; the 
milepoint on the waterway of the bridge location; the city, county, and 
state of the bridge location; the name of the bridge; the date of the 
plans; the sheet number; and the total number of sheets in the set.
    (g) Size of sheets. The drawings will be on letter size sheets. As 
few sheets will be used as necessary to show clearly what is proposed.
    (h) Special instructions. (1) Vertical and horizontal distances will 
be shown using bar scales. The north and south line will be indicated by 
a meridian arrow. Soundings and elevations will be shown in feet and 
refer to the established Government datum plane at the locality.
    (2) The direction of currents will be indicated by an arrow, and the 
strength of currents, both ebb and flow, or low water and high water, 
will be shown close to the proposed location of the bridge, and at both 
ends of the waterway shown on the map of location.
    (3) The plans will show in figures the least clear height of the 
lowest part of the superstructure over navigation openings, with 
reference to the planes of mean high water and mean low water if the 
bridge is to cross tidal water. If the waters are nontidal, the least 
clear height will be shown with reference to the planes of extreme high 
water and mean low water. If records of river heights are available, the 
plane above which flood waters have not remained more than 2 percent of 
the time will be indicated. Reference will also be made to other datum 
planes if appropriate for the waterway in question.
    (4) If harbor lines have been established at the site of the bridge, 
their position will be shown on the plans.
    (i) Structural details. Only those should be shown which are needed 
to illustrate the effect of the proposed structure on navigation. If the 
bridge is to be equipped with a draw, the latter will be shown in two 
positions: Closed and open. In those cases, the vertical and horizontal 
clearances shall be indicated in both the closed and open positions.
    (j) To whom application should be presented. The application and the 
papers and plans accompanying it should be submitted to the District 
Commander having jurisdiction over the area in which the bridge site is 
located.

[CGFR 67-46, 32 FR 17771, Dec. 12, 1967, as amended by CGD 75-046, 40 FR 
24898, June 11, 1975; CGD 80-099, 46 FR 38354, July 27, 1981; CGD 82-
102, 48 FR 54299, Dec. 2, 1982; USCG-2011-0257, 76 FR 31836, June 2, 
2011: USCG-2012-0306, 77 FR 37314, June 21, 2012]



Sec.  115.60  Procedures for handling applications for bridge permits.

    The following procedures will be observed in the handling of 
applications for permits to construct, modify, or replace bridges over 
navigable waters.
    (a) District Commander's review of application and plans. When an 
application is received, the District Commander verifies the authority 
for construction of the bridge, reviews the application and plans for 
sufficiency, ascertains the views of local authorities and other 
interested parties, and ensures that the application complies with 
relevant environmental laws, regulations, and orders. If the application 
contains any defects that would prevent issuance of a permit (as for 
example, if the proposed bridge provided insufficient clearance), the 
applicant is notified that the permit cannot be granted and given 
reasons for this determination. The applicant may then request that the 
application be considered by the Commandant. If the applicant makes such 
a request, or if the application is not found defective, the District 
Commander notifies the public that it has been received and continues 
its processing. A copy of this notification will be sent to the state, 
interstate agency or the Environmental Protection Agency (EPA) 
responsible for acting on requests for water quality certification for 
the project. If the state, interstate agency, or the EPA fails to issue 
or deny the water quality certification within 30 days after receiving 
the copy of this notification, the requirements for a water quality

[[Page 562]]

certification are waived. If the appropriate agency notifies the 
District Commander that the applicant has not filed a request for water 
quality certification, or requests additional time to review an 
application, additional time will be granted.
    (b) Public meeting. (1) Public meetings will be held when there are 
substantial issues concerning the effect that the proposed bridge will 
have on the reasonable needs of navigation.
    (2) Notice of the public meeting will be published in the Federal 
Register. Notice of the meeting is also mailed to State, county, and 
municipal authorities and all other known interested parties. It is also 
posted at the post office nearest the site and public places in the 
vicinity.
    (3) Meetings are public and conducted in an informal manner. A 
designated Coast Guard official presides. The submission of written 
statements is invited and encouraged. Anyone desiring to do so may 
speak. Statements, written or oral, are not under oath, and cross-
examination is not permitted. No fixed order has been established for 
the presentation of evidence or argument although proponents are 
generally heard first, followed by opponents with full opportunity 
afforded for rebuttals.
    (c) Report and recommendations. After the close of the comment 
period and any public meeting, a detailed statement of findings, 
conclusions, and recommendations based on all available information 
(including Coast Guard records and experience) is prepared. The 
following factors may be discussed in this report:
    (1) Comparison of proposed bridge with existing bridges over the 
waterway; attitude of local authorities; summary of objections raised by 
the public, and District Commander's comments or responses; probable 
effect on navigation, present and prospective.
    (2) Description of the navigation on the waterway past the site of 
the proposed bridge, the number and type of vessels, the number of 
vessel trips, and the principal method of handling traffic, whether in 
single vessels or in tows.
    (3) Whether the District Commander approves, or recommends approval 
of the plans. If they are found objectionable, the reasons for this 
finding will be stated. If there are objectionable features in the plans 
which may be corrected, the applicant is given an opportunity to revise 
them. If approval is given or recommended, all conditions to which the 
permit should be subject will be stated.
    (d) Action on permit application. (1) The District Commander may 
issue the permit if authorized under Sec.  1.01-60(b) of this chapter; 
otherwise, a report with the application shall be submitted to the 
Commandant for final action.
    (2) When an application is approved, the issuing official signs the 
permit and transmits it to the applicant.
    (3) When an application is not approved, the applicant is notified 
and provided with reasons for the disapproval and suggestions for 
modifications that would justify reconsideration, if appropriate.
    (4) If an application is disapproved by the District Commander, the 
applicant may appeal this decision to the Commandant under Sec.  114.50 
of this chapter. The Commandant's determination shall constitute final 
agency action.
    (e) Permit amendments. Applications for amendments to permits will 
be processed in the same manner as permit applications. The District 
Commander may approve amendments to any permits which that official is 
authorized to issue under Sec.  1.01-60(b) of this chapter. All other 
amendments must be approved by the Commandant.

(5 U.S.C. 559; 14 U.S.C. 633; 33 U.S.C. 401, 491, 499, and 525; and 49 
CFR 1.46(c) and (q))

[CGD 80-099, 46 FR 38354, July 27, 1981; 46 FR 42268, Aug. 20, 1981, as 
amended by CGD 82-006, 47 FR 36641, Aug. 23, 1982; CGD 82-074, 47 FR 
51865, Nov. 18, 1982; USCG-2008-0179, 73 FR 35012, June 19, 2008; USCG-
2010-0351, 75 FR 49410, Aug. 13, 2010: USCG-2012-0306, 77 FR 37314, June 
21, 2012; USCG-2013-0397, 78 FR 39174, July 1, 2013]



Sec.  115.70  Advance approval of bridges.

    (a) The General Bridge Act of 1946 requires the approval of the 
location and plans of bridges prior to start of construction (33 U.S.C. 
525). The Commandant has given his advance approval to the location and 
plans of bridges to be constructed across reaches of waterways navigable 
in law, but not actually navigated other than

[[Page 563]]

by logs, log rafts, rowboats, canoes and small motorboats. In such cases 
the clearances provided for high water stages will be considered 
adequate to meet the reasonable needs of navigation. The Coast Guard 
recommends notice to the District Bridge Manager to ensure that the 
District has determined that advance approval provision is applicable to 
the waterway reach over which the bridge is to be constructed.
    (b) The term ``small motorboats'' shall be interpreted in the light 
of the things and conditions with which it is associated. The term means 
rowboats, canoes and other similar craft with outboard motors. It does 
not include sailing or cabin cruiser craft.

(14 U.S.C. 633; 33 U.S.C. 401, 491, and 525; and 49 CFR 1.46(c))

[CGFR 67-46, 32 FR 17771, Dec. 12, 1967, as amended by CGD 81-076, 46 FR 
54936, Nov. 5, 1981; USCG-1998-3799, 63 FR 35527, June 30, 1998; USCG-
2013-0397, 78 FR 39174, July 1, 2013]



PART 116_ALTERATION OF UNREASONABLY OBSTRUCTIVE BRIDGES--Table of Contents



Sec.
116.01 General.
116.05 Complaints.
116.10 Preliminary review.
116.15 Preliminary investigation.
116.20 Detailed investigation.
116.25 Public meetings.
116.30 Chief, Office of Bridge Programs Review and Evaluation.
116.35 Order to Alter.
116.40 Plans and specifications under the Truman-Hobbs Act.
116.45 Submission of bids, approval of award, guaranty of cost, and 
          partial payments for bridges eligible for funding under the 
          Truman-Hobbs Act.
116.50 Apportionment of costs under the Truman-Hobbs Act.
116.55 Appeals.

    Authority: 33 U.S.C. 401, 521.

    Source: CGD 91-063, 60 FR 20902, Apr. 28, 1995, unless otherwise 
noted.

    Editorial Note: Nomenclature changes to part 116 appear by USCG-
2008-0179, 73 FR 35012, June 19, 2008 and USCG-2010-0351, 75 FR 49410, 
Aug. 13, 2010.



Sec.  116.01  General.

    (a) All bridges are obstructions to navigation and are tolerated 
only as long as they serve the needs of land transportation while 
allowing for the reasonable needs of navigation.
    (b) This part describes the general procedures by which the U.S. 
Coast Guard determines a bridge to be an unreasonable obstruction to 
navigation and issues an Order to Alter under the authority of the 
following statutes, as appropriate: Section 18 of the Rivers and Harbors 
Appropriations Act of 1899, 33 U.S.C. 502; Section 4 of the Bridge Act 
of 1906, 33 U.S.C. 494; or the Truman-Hobbs Act of 1940, as amended, 33 
U.S.C. 511-524.
    (c) A bridge constructed across a navigable water of the United 
States shall not unreasonably obstruct the free navigation of the water 
over which it was constructed, either due to insufficient height or 
width of the navigation span, or because of difficulty in passing 
through the draw opening. If any bridge unreasonably obstructs 
navigation, the Commandant, U.S. Coast Guard, will order the alteration 
of that bridge. Alterations may include structural changes, replacement, 
or removal of the bridge.
    (d) Whenever the Coast Guard has good reason to believe that a 
bridge across any of the navigable waters of the United States is an 
unreasonable obstruction to navigation, the Coast Guard will give notice 
to the owner of the bridge and other interested parties, and hold a 
public meeting at which the interested parties will have a full 
opportunity to be heard and to provide information on the question of 
whether alterations to the bridge are necessary and, if so, the extent 
of alterations needed.
    (e) If the Coast Guard determines that alterations to a bridge are 
necessary, the Commandant, U.S. Coast Guard, will issue to the bridge 
owner an Order to Alter containing details of the alterations necessary 
to render navigation through or under the bridge reasonably free, easy, 
and unobstructed.
    (1) In the case of a railroad or publicly owned highway bridge, an 
Order to Alter is issued to the bridge owner under the provisions of the 
Truman-Hobbs Act (33 U.S.C. 511 et seq.). In ordering these alterations, 
the Coast

[[Page 564]]

Guard will give due regard to the necessities of free and unobstructed 
navigation and of rail and highway traffic. For alterations to bridges 
governed by the Truman-Hobbs Act, the Coast Guard must approve general 
plans, specifications, and contracts for the alteration project, as well 
as approving the apportionment of the total cost of the alterations 
between the United States and the bridge owner.
    (2) For all other bridges, the Order to Alter will contain the 
required alterations for the bridge and will prescribe a reasonable time 
in which to accomplish the required alterations. The bridge owner is 
responsible for the entire cost of the required alterations.

[CGD 91-063, 60 FR 20902, Apr. 28, 1995, as amended by USCG-2010-0351, 
75 FR 49410, Aug. 13, 2010]



Sec.  116.05  Complaints.

    Any person, company, or other entity may submit to the District 
Commander of the Coast Guard district in which a bridge over a navigable 
water of the United States is located, a complaint that a bridge 
unreasonably obstructs navigation. The complaint must be in writing and 
include specific details to support the allegation.



Sec.  116.10  Preliminary review.

    (a) Upon receipt of a written complaint, the District Commander will 
review the complaint to determine if, in the District Commander's 
opinion, the complaint is justified and whether a Preliminary 
Investigation is warranted.
    (1) The District Commander's opinion as to whether or not the 
complaint warrants a Preliminary Investigation will be formed through 
informal discussions with the complainant, users of the affected 
waterway, the owner of the bridge, and other interested parties.
    (2) In forming an opinion, the District Commander may also review 
the district files, records of accidents, and details of any additional 
written complaints associated with the bridge in question.
    (b) In the absence of any written complaint, the District Commander 
may decide, based on a bridge's accident history or other criteria, to 
conduct a Preliminary Investigation.
    (c) The District Commander will inform the complainant and the 
Chief, Office of Bridge Programs of the determination of any Preliminary 
Review. If the District Commander decides that the bridge in question is 
not an unreasonable obstruction to navigation, the complainant will be 
provided with a brief summary of the information on which the District 
Commander based the decision and will be informed of the appeal process 
described in Sec.  116.55. There will be no further investigation, 
unless additional information warrants a continuance or reopening of the 
case.

[CGD 91-063, 60 FR 20902, Apr. 28, 1995, as amended by CGD 96-026, 61 FR 
33663, June 28, 1996; USCG-2013-0397, 78 FR 39174, July 1, 2013]



Sec.  116.15  Preliminary investigation.

    (a) During the Preliminary Investigation, the District Commander 
will prepare a written report containing all pertinent information and 
submit the report, together with a recommendation for or against the 
necessity of a Detailed Investigation, to the Chief, Office of Bridge 
Programs.
    (b) The Preliminary Investigation Report will include a description 
of the nature and extent of the obstruction, the alterations to the 
bridge believed necessary to meet the reasonable needs of existing and 
future navigation, the type and volume of waterway traffic, and a 
calculation of the benefits to navigation which would result from the 
proposed bridge alterations.
    (c) The Chief, Office of Bridge Programs will review the Preliminary 
Investigation Report and make a Preliminary Decision whether or not to 
undertake a Detailed Investigation and a Public Meeting.
    (d) If after reviewing the Preliminary Investigation Report, the 
Chief, Office of Bridge Programs decides that further investigation is 
not warranted, the complainant will be notified of the decision. This 
notification will include a brief summary of information on

[[Page 565]]

which the decision was based and details of the appeal process described 
in Sec.  116.55.

[CGD 91-063, 60 FR 20902, Apr. 28, 1995, as amended by CGD 96-026, 61 FR 
33663, June 28, 1996; USCG-2012-0306, 77 FR 37314, June 21, 2012; USCG-
2013-0397, 78 FR 39174, July 1, 2013; USCG-2014-0410, 79 FR 38433, July 
7, 2014]



Sec.  116.20  Detailed investigation.

    (a) When the Chief, Office of Bridge Programs determines that a 
Detailed Investigation should be conducted, the District Commander will 
initiate an investigation that addresses all of the pertinent data 
regarding the bridge, including information obtained at a public meeting 
held under Sec.  116.25. As part of the investigation, the District 
Commander will develop a comprehensive report, termed the ``Detailed 
Investigation Report'', which will discuss: the obstructive character of 
the bridge in question; the impact of that bridge upon navigation; 
navigational benefits derived; whether an alteration is needed to meet 
the needs of navigation; and, if alteration is recommended, what type.
    (b) The District Commander will forward the completed Detailed 
Investigation Report to the Chief, Office of Bridge Programs for review 
together with a recommendation of whether the bridge should be declared 
an unreasonable obstruction to navigation and, if so, whether an Order 
to Alter should be issued.

[CGD 91-063, 60 FR 20902, Apr. 28, 1995, as amended by CGD 96-026, 61 FR 
33663, June 28, 1996; USCG-2013-0397, 78 FR 39174, July 1, 2013]



Sec.  116.25  Public meetings.

    (a) Any time the Chief, Office of Bridge Programs determines that a 
Detailed Investigation is warranted, or when Congress declares a bridge 
unreasonably obstructive, the District Commander will hold a public 
meeting near the location of the bridge to provide the bridge owner, 
waterway users, and other interested parties the opportunity to offer 
evidence and be heard, orally or in writing, as to whether any 
alterations are necessary to provide reasonably free, safe, and 
unobstructed passage for waterborne traffic. The District Commander will 
issue a public notice announcing the public meeting stating the time, 
date, and place of the meeting.
    (b) When a bridge is statutorily determined to be an unreasonable 
obstruction, the scope of the meeting will be to determine what 
navigation clearances are needed.
    (c) In all other cases, the scope of the meeting will be to address 
issues bearing on the question of whether the bridge is an unreasonable 
obstruction to navigation and, if so, what alterations are needed.
    (d) The meeting will be recorded. Copies of the public meeting 
transcript will be available for purchase from the recording service.

[CGD 91-063, 60 FR 20902, Apr. 28, 1995, as amended by CGD 96-026, 61 FR 
33664, June 28, 1996; USCG-2013-0397, 78 FR 39174, July 1, 2013]



Sec.  116.30  Chief, Office of Bridge Programs Review and Evaluation.

    (a) Upon receiving a Detailed Investigation Report from a District 
Commander, the Chief, Office of Bridge Programs will review all the 
information and make a final determination of whether or not the bridge 
is an unreasonable obstruction to navigation and, if so, whether to 
issue an Order to Alter. This determination will be accompanied by a 
supporting written Decision Analysis which will include a Benefit/Cost 
Analysis, including calculation of a Benefit/Cost Ratio.
    (b) The Benefit/Cost ratio is calculated by dividing the annualized 
navigation benefit of the proposed bridge alteration by the annualized 
government share of the cost of the alteration.
    (c) Except for a bridge which is statutorily determined to be an 
unreasonable obstruction, an Order to Alter will not be issued under the 
Truman-Hobbs Act unless the ratio is at least 1:1.
    (d) If a bridge is statutorily determined to unreasonably obstruct 
navigation, the Chief, Office of Bridge Programs will prepare a Decision 
Analysis to document and provide details of the required vertical and 
horizontal clearances and the reasons alterations are necessary.

[[Page 566]]

    (e) If the Chief, Office of Bridge Programs decides to recommend 
that the Commandant issue an Order to Alter, or a bridge is statutorily 
determined to unreasonably obstruct navigation, the Chief, Office of 
Bridge Programs will issue a letter to the bridge owner (``The 60-Day 
Letter'') at least 60 days before the Commandant issues an Order to 
Alter. This letter will contain the reasons an alteration is necessary, 
the proposed alteration, and, in the case of a Truman-Hobbs bridge, an 
estimate of the total project cost and the bridge owner's share.
    (f) If the bridge owner does not agree with the terms proposed in 
the 60-Day Letter, the owner may request a reevaluation of the terms. 
The request for a reevaluation must be in writing, and identify the 
terms for which reevaluation is requested. The request may provide 
additional information not previously presented.
    (g) Upon receipt of the bridge owner's response, the Chief, Office 
of Bridge Programs will reevaluate the situation based on the additional 
information submitted by the bridge owner. If after the Chief, Office of 
Bridge Programs reviews the determination, there is no change, the 
Commandant may issue an Order to Alter as set out in Sec.  116.35. The 
Administrator, Office of Bridge Programs determination based on the 
reevaluation will constitute final agency action.

[CGD 91-063, 60 FR 20902, Apr. 28, 1995, as amended by CGD 96-026, 61 FR 
33664, June 28, 1996; USCG-2013-0397, 78 FR 39174, July 1, 2013]



Sec.  116.35  Order to Alter.

    (a) If the bridge owner agrees with the contents of the 60-Day 
Letter, if no reply is received by 60 days after the issuance of the 
letter, or if after reevaluation a bridge is determined to be an 
unreasonable obstruction to navigation, the Commandant will issue an 
Order to Alter.
    (1) If a bridge is eligible for funding under the Truman-Hobbs Act, 
the Order to Alter will specify the navigational clearances to be 
accomplished in order to meet the reasonable needs of navigation.
    (2) An Order to Alter for a bridge that is not eligible for Truman-
Hobbs funding will specify the navigational clearances that are required 
to meet the reasonable needs of navigation and will prescribe a 
reasonable time in which to accomplish them.
    (b) If appropriate, the Order to Alter will be accompanied by a 
letter of special conditions setting forth safeguards needed to protect 
the environment or to provide for any special needs of navigation.
    (c) If a proposed alteration to a bridge has desirable, non-
navigational benefits, the Chief, Office of Bridge Programs may require 
an equitable contribution from any interested person, firm, association, 
corporation, municipality, county, or state benefiting from the 
alteration as a prerequisite to the making of an Order to Alter for that 
alteration.
    (d) Failure to comply with any Order to Alter issued under the 
provisions of this part will subject the owner or controller of the 
bridge to the penalties prescribed in 33 U.S.C. 495, 502, 519, or any 
other applicable provision.

[CGD 91-063, 60 FR 20902, Apr. 28, 1995, as amended by CGD 96-026, 61 FR 
33664, June 28, 1996; USCG-2013-0397, 78 FR 39174, July 1, 2013]



Sec.  116.40  Plans and specifications under the Truman-Hobbs Act.

    (a) After an Order to Alter has been issued to a bridge owner under 
the Truman-Hobbs Act, the Chief, Office of Bridge Programs will issue a 
letter to the bridge owner outlining the owner's responsibilities to 
submit plans and specifications to the Chief, Office of Bridge Programs 
for the alteration of the bridge. The plans and specifications, at a 
minimum, must provide for the clearances identified in the Order to 
Alter. The plans and specifications may also include any other 
additional alteration to the bridge that the owner considers desirable 
to meet the requirements of railroad or highway traffic. During the 
alteration process, balanced consideration shall be given to the needs 
of rail, highway, and marine traffic.
    (b) The Chief, Office of Bridge Programs will approve or reject the 
plans and specifications submitted by the bridge owner, in whole or in 
part, and

[[Page 567]]

may require the submission of new or additional plans and 
specifications.
    (c) When Chief, Office of Bridge Programs has approved the submitted 
plans and specifications, they are final and binding upon all parties, 
unless later changes are approved by the Chief, Office of Bridge 
Programs. Any changes to the approved plans will be coordinated with the 
District Commander.

[CGD 91-063, 60 FR 20902, Apr. 28, 1995, as amended by CGD 96-026, 61 FR 
33664, June 28, 1996; USCG-2013-0397, 78 FR 39174, July 1, 2013]



Sec.  116.45  Submission of bids, approval of award, guaranty of cost,
and partial payments for bridges eligible for funding under the
Truman-Hobbs Act.

    (a) Once the plans and specifications for a bridge eligible for 
funding under the Truman-Hobbs Act have been approved, the bridge owner 
must take bids for the alteration of the bridge consistent with the 
approved plans and specifications. Those bids must then be submitted to 
the Chief, Office of Bridge Programs for approval.
    (b) After the bridge owner submits the guaranty of cost required by 
33 U.S.C. 515, the Chief, Office of Bridge Programs authorizes the owner 
to award the contract.
    (c) Partial payments of the government's costs are authorized as the 
work progresses to the extent that funds have been appropriated.

[CGD 91-063, 60 FR 20902, Apr. 28, 1995, as amended by CGD 96-026, 61 FR 
33664, June 28, 1996; USCG-2013-0397, 78 FR 39174, July 1, 2013; USCG-
2014-0410, 79 FR 38433, July 7, 2014]



Sec.  116.50  Apportionment of costs under the Truman-Hobbs Act.

    (a) In determining the apportionment of costs, the bridge owner must 
bear such part of the cost attributable to the direct and special 
benefits which will accrue to the bridge owner as a result of alteration 
to the bridge, including expected savings in repairs and maintenance, 
expected increased carrying capacity, costs attributable to the 
requirements of highway and railroad traffic, and actual capital costs 
of the used service life. The United States will bear the balance of the 
costs, including that part attributable to the necessities of 
navigation.
    (b) ``Direct and special benefits'' ordinarily will include items 
desired by the owner but which have no counterpart or are of higher 
quality than similar items in the bridge prior to alteration. Examples 
include improved signal and fender systems, pro rata share of 
dismantling costs, and improvements included, but not required, in the 
interests of navigation.
    (c) During the development of the Apportionment of Costs, the bridge 
owner will be provided with an opportunity to be heard. Proportionate 
shares of cost to be borne by the United States and the bridge owner are 
developed in substantially the following form:

Total cost of project -------- $--------
    Less salvage -------- $--------
    Less contribution by third party -------- $--------
Cost of alteration to be apportioned -------- $--------
Share to be borne by the bridge owner:
Direct and Special Benefits:
    a. Removing old bridge -------- $--------
    b. Fixed charges -------- $--------
    c. Betterments -------- $--------
Expected savings in repair or maintenance costs:
    a. Repair -------- $--------
    b. Maintenance -------- $--------
Costs attributable to requirements of railroad and/or highway traffic --
          ------ $--------
Expenditure for increased carrying capacity -------- $--------
Expired service life of old bridge -------- $--------
    Subtotal -------- $--------
Share to be borne by the bridge owner -------- $--------
    Contingencies -------- $--------
    Total -------- $--------
Share to be borne by the United States -------- $--------
    Contingencies -------- $--------
    Total -------- $--------

    (d) The Order of Apportionment of Costs will include the guaranty of 
costs.



Sec.  116.55  Appeals.

    (a) Except for the decision to issue an Order to Alter, if a 
complainant disagrees with a recommendation regarding obstruction or 
eligibility made by a

[[Page 568]]

District Commander, or the Chief, Office of Bridge Programs, the 
complainant may appeal that decision to the Deputy Commandant for 
Operations.
    (b) The appeal must be submitted in writing to the Commandant (CG-
DCO-D), Attn: Deputy for Operations Policy and Capabilities, U.S. Coast 
Guard Stop 7318, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 
20593-7318, within 60 days after the District Commander's or the Chief, 
Office of Bridge Programs decision. The Deputy Commandant for Operations 
will make a decision on the appeal within 90 days after receipt of the 
appeal. The Deputy Commandant of Operations' decision of this appeal 
shall constitute final agency action.
    (c) Any Order of Apportionment made or issued under section 6 of the 
Truman-Hobbs Act, 33 U.S.C. 516, may be reviewed by the Court of Appeals 
for any judicial circuit in which the bridge in question is wholly or 
partly located, if a petition for review is filed within 90 days after 
the date of issuance of the order. The review is described in section 10 
of the Truman-Hobbs Act, 33 U.S.C. 520. The review proceedings do not 
operate as a stay of any order issued under the Truman-Hobbs Act, other 
than an order of apportionment, nor relieve any bridge owner of any 
liability or penalty under other provisions of that act.

[CGD 91-063, 60 FR 20902, Apr. 28, 1995, as amended by CGD 96-026, 61 FR 
33663, June 28, 1996; CGD 97-023, 62 FR 33363, June 19, 1997; USCG-2008-
0179, 73 FR 35013, June 19, 2008; USCG-2010-0351, 75 FR 36283, June 25, 
2010; USCG-2013-0397, 78 FR 39174, July 1, 2013; USCG-2014-0410, 79 FR 
38433, July 7, 2014]



PART 117_DRAWBRIDGE OPERATION REGULATIONS--Table of Contents



                     Subpart A_General Requirements

Sec.
117.1 Purpose.
117.4 Definitions.
117.5 When the drawbridge must open.
117.7 General requirements of drawbridge owners.
117.8 Permanent changes to drawbridge operation.
117.9 Delaying opening of a draw.
117.11 Unnecessary opening of the draw.
117.15 Signals.
117.17 Signalling for contiguous drawbridges.
117.19 Signalling when two or more vessels are approaching a drawbridge.
117.21 Signalling for an opened drawbridge.
117.23 Installation of radiotelephones.
117.24 Radiotelephone installation identification.
117.31 Drawbridge operations for emergency vehicles and emergency 
          vessels.
117.33 Closure of draw for natural disasters or civil disorders.
117.35 Temporary change to a drawbridge operating schedule.
117.36 Closure of drawbridge for emergency repair.
117.39 Authorized closure of drawbridge due to infrequent requests for 
          openings.
117.40 Advance notice for drawbridge opening.
117.41 Maintaining drawbridges in the fully open position.
117.42 Remotely operated and automated drawbridges.
117.47 Clearance gages.
117.49 Process of violations.

                     Subpart B_Specific Requirements

117.51 General
117.55 Posting of requirements.
117.59 Special requirements due to hazards.

                                 Alabama

117.101 Alabama River.
117.103 Bayou La Batre.
117.105 Bayou Sara.
117.106 Black Warrior River.
117.107 Chattahoochee River.
117.109 Coosa River.
117.113 Tensaw River.
117.115 Three Mile Creek.
117.118 Tombigbee River.

                                Arkansas

117.121 Arkansas River.
117.123 Arkansas Waterway-Automated Railroad Bridges.
117.125 Black River.
117.127 Current River.
117.129 Little Red River.
117.131 Little River.
117.133 Ouachita River.
117.135 Red River.
117.137 St. Francis River.
117.139 White River.

                               California

117.140 General.
117.141 American River.
117.143 Bishop Cut.
117.147 Cerritos Channel.
117.149 China Basin, Mission Creek.
117.150 Connection Slough.
117.151 Cordelia Slough (A tributary of Suisun Bay).

[[Page 569]]

117.153 Corte Madera Creek.
117.155 Eureka Slough.
117.157 Georgiana Slough.
117.159 Grant Line Canal.
117.161 Honker Cut.
117.163 Islais Creek (Channel).
117.165 Lindsey Slough.
117.167 Little Potato Slough.
117.169 Mare Island Strait and the Napa River.
117.171 Middle River.
117.173 Miner Slough.
117.175 Mokelumne River.
117.177 Mud Slough.
117.179 Newark Slough.
117.181 Oakland Inner Harbor Tidal Canal.
117.183 Old River.
117.185 Pacheco Creek.
117.187 Petaluma River.
117.189 Sacramento River.
117.191 San Joaquin River.
117.193 San Leandro Bay.
117.195 Snodgrass Slough.
117.197 Sonoma Creek.
117.199 Steamboat Slough.
117.201 Sutter Slough.

                               Connecticut

117.202 Cold Spring Brook.
117.205 Connecticut River.
117.207 Housatonic River.
117.209 Mianus River.
117.211 Mystic River.
117.213 New Haven Harbor, Quinnipiac and Mill Rivers.
117.215 Niantic River.
117.217 Norwalk River.
117.219 Pequonnock River.
117.221 Saugatuck River.
117.223 Shaw Cove.
117.224 Thames River.
117.225 Yellow Mill Channel.

                                Delaware

117.231 Brandywine Creek.
117.233 Broad Creek.
117.234 Cedar Creek.
117.235 Chesapeake and Delaware Canal.
117.237 Christina River.
117.239 Lewes and Rehoboth Canal.
117.241 Mispillion River.
117.243 Nanticoke River.
117.245 Smyrna River.

                          District of Columbia

117.253 Anacostia River.
117.255 Potomac River.

                                 Florida

117.258 Apalachicola River.
117.261 Atlantic Intracoastal Waterway from St. Marys River to Key 
          Largo.
117.263 Banana River.
117.267 Big Carlos Pass.
117.268 Billy's Creek.
117.269 Biscayne Bay.
117.271 Blackwater River.
117.272 Boot Key Harbor.
117.273 Canaveral Barge Canal.
117.279 Coffeepot Bayou.
117.283 Dunns Creek.
117.285 Grand Canal.
117.287 Gulf Intracoastal Waterway.
117.289 Hillsboro Inlet.
117.291 Hillsborough River.
117.293 Indian Creek.
117.295 Kissimmee River.
117.297 Little Manatee River.
117.299 Loxahatchee River.
117.300 Manatee River.
117.301 Massalina Bayou.
117.303 Matlacha Pass.
117.304 Miami Beach Channel.
117.305 Miami River.
117.307 Miami River, North Fork.
117.309 Nassau Sound.
117.311 New Pass.
117.313 New River.
117.315 New River, South Fork.
117.317 Okeechobee Waterway.
117.319 Oklawaha River.
117.323 Outer Clam Bay.
117.324 Rice Creek.
117.325 St. Johns River.
117.329 St. Marys River.
117.331 Snake Creek.
117.333 Suwannee River.
117.335 Taylor Creek.
117.337 Trout River.
117.341 Whitcomb Bayou.

                                 Georgia

117.351 Altamaha River.
117.353 Atlantic Intracoastal Waterway, Savannah River to St. Marys 
          River.
117.359 Chattahoochee River.
117.361 Flint River.
117.363 Ocmulgee River.
117.365 Oconee River.
117.367 Ogeechee River.
117.369 Satilla River.
117.371 Savannah River.
117.373 St. Marys River.

                                  Idaho

117.381 Clearwater River.
117.383 Pend Oreille River.
117.385 Snake River.

                                Illinois

117.389 Calumet River.
117.391 Chicago River.
117.393 Illinois Waterway.
117.397 Wabash River.

                                 Indiana

117.401 Trail Creek.
117.403 Wabash River.

                                  Iowa

117.407 Missouri River.

[[Page 570]]

                                 Kansas

117.411 Missouri River.

                                Kentucky

117.415 Green River.
117.417 Ohio River.

                                Louisiana

117.422 Amite River.
117.423 Atchafalaya River.
117.424 Belle River.
117.425 Black Bayou.
117.429 Boeuf Bayou.
117.433 Bonfouca Bayou.
117.434 Caddo Lake.
117.435 Carlin Bayou.
117.436 Chef Menteur Pass.
117.437 Chevron Oil Company Canal.
117.438 Colyell Bayou.
117.439 Company Canal.
117.440 Des Allemands Bayou.
117.441 D'Inde Bayou.
117.443 Du Large Bayou.
117.444 Falgout Canal.
117.445 Franklin Canal.
117.447 Grand Cabahanosse Bayou.
117.449 Grosse Tete Bayou.
117.451 Gulf Intracoastal Waterway.
117.453 Houma Canal.
117.455 Houma Navigation Canal.
117.457 Houston River.
117.458 Inner Harbor Navigation Canal, New Orleans.
117.459 Kelso Bayou.
117.460 La Carpe Bayou.
117.461 Lacassine Bayou.
117.463 Lacombe Bayou.
117.465 Lafourche Bayou.
117.467 Lake Pontchartrain.
117.469 Liberty Bayou.
117.471 Little Black Bayou.
117.473 Little River.
117.475 Little (Petit) Caillou Bayou.
117.477 Lower Atchafalaya River.
117.478 Lower Grand River.
117.479 Macon Bayou.
117.480 Mermentau River.
117.481 Milhomme Bayou.
117.482 Nezpique Bayou.
117.483 Ouachita River.
117.484 Pass Manchac.
117.485 Patout Bayou.
117.486 Pearl River.
117.487 Pierre Pass.
117.488 Plaquemine Bayou.
117.489 Plaquemine Brule Bayou.
117.491 Red River.
117.493 Sabine River.
117.494 Schooner Bayou Canal.
117.495 Superior Oil Canal.
117.497 Stumpy Bayou.
117.499 Tante Phine Pass.
117.500 Tchefuncta River.
117.501 Teche Bayou.
117.503 Tensas River.
117.505 Terrebonne Bayou.
117.507 Tigre Bayou.
117.509 Vermilion River.
117.511 West Pearl River.

                                  Maine

117.521 Back Cove.
117.523 Back River.
117.525 Kennebec River.
117.527 Kennebunk River.
117.529 Narraguagus River.
117.531 Piscataqua River.
117.533 Sheepscot River.
117.535 Taunton River.
117.537 Townsend Gut.

                                Maryland

117.543 Bear Creek.
117.547 Bush River.
117.549 Cambridge Harbor.
117.551 Chester River.
117.553 Choptank River.
117.555 College Creek.
117.557 Curtis Creek.
117.559 Isle of Wight (Sinepuxent) Bay.
117.561 Kent Island Narrows.
117.563 Marshyhope Creek.
117.565 Miles River.
117.566 Patapsco River--Middle Branch.
117.567 Patuxent River.
117.569 Pocomoke River.
117.570 Sassafras River.
117.571 Spa Creek.
117.573 Stoney Creek.
117.575 Susquehanna River.
117.577 Weems Creek.
117.579 Wicomico River (North Prong).

                              Massachusetts

117.585 Acushnet River.
117.586 Annisquaim River and Blynman Canal.
117.587 Apponagansett River.
117.588 Bass River.
117.589 Cape Cod Canal.
117.591 Charles River and its tributaries.
117.593 Chelsea River.
117.595 Danvers River.
117.597 Dorchester Bay.
117.598 Eel Pond Channel.
117.599 Fort Point Channel.
117.600 Lagoon Pond.
117.601 Malden River.
117.603 Manchester Harbor.
117.605 Merrimack River.
117.607 Mitchell River.
117.609 Mystic River.
117.611 Neponset River.
117.613 North River.
117.615 Plum Island River.
117.618 Saugus River.
117.619 Taunton River.
117.620 Westport River--East Branch.
117.621 Fore River.
117.622 West Bay.

[[Page 571]]

                                Michigan

117.624 Black River (South Haven).
117.625 Black River.
117.627 Cheboygan River.
117.631 Detroit River (Trenton Channel).
117.633 Grand River.
117.635 Keweenaw Waterway.
117.637 Manistee River.
117.641 Pine River (Charlevoix).
117.643 Pine River (St. Clair).
117.647 Saginaw River.
117.651 St. Joseph River.
117.653 St. Mary's Fall Canal.
117.655 Thunder Bay River.

                                Minnesota

117.661 Duluth Ship Canal (Duluth-Superior Harbor).
117.663 Minnesota River.
117.664 Rainy River, Rainy Lake and their tributaries.
117.665 Red River of the North.
117.667 St. Croix River.
117.669 St. Louis River (Duluth-Superior Harbor).
117.671 Upper Mississippi River.

                               Mississippi

117.675 Back Bay of Biloxi.
117.677 Big Sunflower River.
117.681 Old Fort Bayou.
117.683 Pearl River.
117.684 Bayou Portage.
117.685 Tchoutacabouffa River.
117.686 Yazoo River.

                                Missouri

117.687 Missouri River.
117.689 Osage River.

                                Nebraska

117.691 Missouri River.

                              New Hampshire

117.697 Hampton River.
117.699 Little Harbor.
117.700 Piscataqua River.

                               New Jersey

117.701 Alloway Creek.
117.702 Arthur Kill.
117.703 Bass River.
117.705 Beaver Dam Creek.
117.709 Cheesequake Creek.
117.711 Cohansey River.
117.713 Cooper River.
117.714 Corson Inlet.
117.716 Delaware River.
117.718 Elizabeth River.
117.719 Glimmer Glass (Debbie's Creek).
117.720 Great Channel.
117.721 Grassy Sound Channel.
117.722 Great Egg Harbor Bay.
117.723 Hackensack River.
117.725 Manantico Creek.
117.729 Mantua Creek.
117.730 Maurice River.
117.731 Mullica River.
117.732 Nacote Creek.
117.733 New Jersey Intracoastal Waterway.
117.734 Navesink River (Swimming River).
117.735 Newark Bay.
117.736 Oceanport Creek.
117.737 Oldmans Creek.
117.738 Overpeck Creek.
117.739 Passaic River.
117.741 Raccoon Creek.
117.743 Rahway River.
117.745 Rancocas Creek.
117.747 Raritan River.
117.749 Salem River.
117.750 Schellenger Creek.
117.751 Shark River (South Channel).
117.755 Shrewsbury River.
117.756 South River.
117.757 Townsend Inlet.
117.758 Tuckahoe River.
117.759 Wading River.

                                New York

117.769 Black Rock Canal.
117.771 Bronx River.
117.773 Buffalo River.
117.779 Eastchester Bay (Arm of).
117.781 East River.
117.785 Genessee River.
117.787 Gowanus Canal.
117.789 Harlem River.
117.791 Hudson River.
117.793 Hutchinson River (Eastchester Creek).
117.795 Jamaica Bay and Connecting Waterways.
117.797 Lake Champlain.
117.799 Long Island, New York Island Waterway from East Rockaway Inlet 
          to Shinnecock Canal.
117.800 Mill Neck Creek.
117.801 Newtown Creek, Dutch Kills, English Kills and their tributaries.
117.802 New Rochelle Harbor.
117.803 Niagara River.
117.805 Peekskill (Annsville) Creek.
117.809 Tonawanda Creek.
117.811 Tonawanda Harbor.
117.813 Wappinger Creek.
117.815 Westchester Creek.

                             North Carolina

117.820 Atlantic Intracoastal Waterway (Alternate Route), Great Dismal 
          Swamp Canal.
117.821 Atlantic Intracoastal Waterway, Albemarle Sound to Sunset Beach.
117.822 Cape Fear River.
117.823 Gallants Channel.
117.824 Neuse River.
117.825 Newport River.
117.829 Northeast Cape Fear River.
117.831 Pamlico and Tar Rivers.
117.833 Pasquotank River.

[[Page 572]]

117.835 Perquimans River.
117.837 Roanoke River.
117.841 Smith Creek.
117.843 Trent River.

                                  Ohio

117.847 Ashtabula River.
117.849 Muskingum River (Zanesville Canal).
117.850 Black River.
117.851 Portage River.
117.853 Sandusky Bay.
117.855 Maumee River.

                                 Oregon

117.861 Blind Slough.
117.865 Clatskanie River.
117.869 Columbia River.
117.871 Coos Bay.
117.873 Coos River.
117.875 Coquille River.
117.879 Isthmus Slough.
117.881 John Day River.
117.887 Oregon Slough (North Portland Harbor).
117.889 Siuslaw River.
117.892 South Slough.
117.893 Umpqua River.
117.895 Wallooskee River.
117.897 Willamette River.
117.899 Youngs Bay and Lewis and Clark River.

                              Pennsylvania

117.901 Chester Creek.
117.903 Darby Creek.
117.904 Delaware River.
117.905 Schuylkill River.

                         Rhode Island [Reserved]

                             South Carolina

117.911 Atlantic Intracoastal Waterway, Little River to Savannah River.
117.913 Ashepoo River.
117.915 Ashley River.
117.917 Battery Creek.
117.921 Broad River.
117.923 Congaree River.
117.925 Cooper River.
117.927 Coosaw River (Whale Branch).
117.929 Durham Creek.
117.933 Pee Dee River.
117.935 Rantowles Creek.
117.936 Savannah River.
117.938 Waccamaw River.
117.939 Wando River.

                              South Dakota

117.941 Missouri River.

                                Tennessee

117.943 Cumberland River.
117.945 Hatchie River.
117.947 Obion River.
117.949 Tennessee River.

                                  Texas

117.951 Arroyo Colorado River.
117.953 Brazos River (Diversion Channel).
117.955 Buffalo Bayou.
117.957 Cedar Bayou.
117.959 Chocolate Bayou.
117.963 Colorado River.
117.965 Cow Bayou.
117.966 Galveston Channel.
117.967 Greens Bayou.
117.968 Gulf Intracoastal Waterway.
117.969 Lavaca River.
117.971 Neches River.
117.975 Old Brazos River.
117.979 Sabine Lake.
117.981 Sabine River.
117.984 San Bernard River.
117.987 Taylor Bayou.
117.988 Taylor Bayou Outfall Canal (Joint Outfall Canal (JOC)).
117.989 Trinity River.
117.991 Victoria Barge Canal.

                                 Vermont

117.993 Lake Champlain.

                                Virginia

117.995 Appomattox River.
117.997 Atlantic Intracoastal Waterway, South Branch of the Elizabeth 
          River to the Albemarle and Chesapeake Canal.
117.999 Blackwater River.
117.1001 Cat Point Creek.
117.1003 Chickahominy River.
117.1005 Chincoteague Channel.
117.1007 Elizabeth River--Eastern Branch.
117.1011 Great Wicomico River.
117.1013 Kinsale Creek.
117.1015 Mattaponi River.
117.1021 North Landing River.
117.1023 Pamunkey River.
117.1025 York River.

                               Washington

117.1031 Chehalis River.
117.1035 Columbia River.
117.1037 Cowlitz River.
117.1041 Duwamish Waterway.
117.1045 Hood Canal.
117.1047 Hoquiam River.
117.1049 Lake Washington.
117.1051 Lake Washington Ship Canal.
117.1053 Lewis River.
117.1055 Skagit River.
117.1057 Skamokawa Creek.
117.1058 Snake River.
117.1059 Snohomish River, Steamboat Sough, and Ebey Slough.
117.1061 Tacoma Harbor.
117.1063 Willapa River South Fork.
117.1065 Wishkah River.

                                Wisconsin

117.1081 Black River.
117.1083 Duluth-Superior Harbor (St. Louis River).

[[Page 573]]

117.1085 East River.
117.1087 Fox River.
117.1089 Manitowoc River.
117.1091 Menomonee River.
117.1093 Milwaukee, Menomonee, and Kinnickinnic Rivers and South 
          Menomonee and Burnham Canals.
117.1095 Root River.
117.1097 Sheboygan River.
117.1099 St. Croix River.
117.1101 Sturgeon Bay.
117.1103 Upper Mississippi River.
117.1105 Wisconsin River.
117.1107 Wolf River.

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; and Department of Homeland 
Security Delegation No. 0170.1.

    Source: CGD 82-025, 49 FR 17452, Apr. 24, 1984, unless otherwise 
noted.

    Editorial Note: Nomenclature changes to part 117 appear by USCG-
1998-3799, 63 FR 35529, June 30, 1998.



                     Subpart A_General Requirements



Sec.  117.1  Purpose.

    (a) This part prescribes the general and special drawbridge 
operating regulations that apply to the drawbridges across the navigable 
waters of the United States and its territories. The authority to 
regulate drawbridges across the navigable waters of the United States is 
vested in the Secretary of Homeland Security.
    (b) Subpart A contains the general operation requirements that apply 
to all drawbridges.
    (c) Subpart B contains specific requirements for operation of 
individual drawbridges. These requirements are in addition to or vary 
from the general requirements in Subpart A. Specific sections in subpart 
B that vary from a general requirement in Subpart A supersede the 
general requirement. All other general requirements in Subpart A, that 
are not at variance, apply to the drawbridges and removable span bridges 
listed in Subpart B.

[USCG-2001-10881, 71 FR 70307, Dec. 4, 2006]



Sec.  117.4  Definitions.

    The following definitions apply to this part:
    Appurtenance means an attachment or accessory extending beyond the 
hull or superstructure that is not an integral part of the vessel and is 
not needed for a vessel's piloting, propelling, controlling, or 
collision avoidance capabilities.
    Automated drawbridge means a drawbridge that is operated by an 
automated mechanism, not a drawtender. An automated drawbridge is 
normally kept in the open to navigation position and closes when the 
mechanism is activated.
    Deviation means a District Commander's action authorizing a 
drawbridge owner to temporarily not comply with the drawbridge opening 
requirements in this part.
    Drawbridge means a bridge with an operational span that is intended 
to be opened for the passage of waterway traffic.
    Drawspan means the operational span of a drawbridge.
    Lowerable means a non-structural vessel appurtenance that is or can 
be made flexible, hinged, collapsible, or telescopic so that it can be 
mechanically or manually lowered.
    Nonstructural means that the item is not rigidly fixed to the vessel 
and can be relocated or altered.
    Not essential to navigation means that a nonstructural vessel 
appurtenance, when in the lowered position, would not adversely affect 
the vessel's piloting, propulsion, control, or collision-avoidance 
capabilities.
    Public vessel means a vessel that is owned and operated by the 
United States Government and is not engaged in commercial service, as 
defined in 46 U.S.C. 2101.
    Remotely operated drawbridge means a drawbridge that is operated by 
remote control from a location away from the drawbridge.
    Removable span bridge means a bridge that requires the complete 
removal of a span by means other than machinery installed on the bridge 
to open the bridge to navigation.
    Untended means that there is no drawtender at the drawbridge.

[USCG-2001-10881, 71 FR 70307, Dec. 4, 2006]



Sec.  117.5  When the drawbridge must open.

    Except as otherwise authorized or required by this part, drawbridges 
must open promptly and fully for the passage of vessels when a request 
or signal

[[Page 574]]

to open is given in accordance with this subpart.

[USCG-2001-10881, 71 FR 70308, Dec. 4, 2006]



Sec.  117.7  General requirements of drawbridge owners.

    Except for drawbridges that have been authorized, before January 3, 
2007, to remain closed to navigation or as otherwise specified in 
subpart B, drawbridge owners must:
    (a) Provide the necessary drawtender(s) for the safe and prompt 
opening of the drawbridge.
    (b) Maintain the working machinery of the drawbridge in good 
operating condition.
    (c) Cycle the drawspan(s) periodically to ensure operation of the 
drawbridge.
    (d) Ensure that the drawbridge operates in accordance with the 
requirements of this part.
    (e) Any drawbridge allowed to remain closed to navigation prior to 
January 3, 2007, when necessary, must be returned to operable condition 
within the designated time set forth by the District Commander and will 
become subject to the requirements of this part.

[USCG-2001-10881, 71 FR 70308, Dec. 4, 2006]



Sec.  117.8  Permanent changes to drawbridge operation.

    (a) Anyone may submit a written request to the District Commander 
for a permanent change to a drawbridge operating requirement. The 
request must include documentation supporting or justifying the 
requested change.
    (b) If after evaluating the request, the District Commander 
determines that the requested change is not needed, he or she will 
respond to the request in writing and provide the reasons for denial of 
the requested change.
    (c) If the District Commander decides that a change may be needed, 
he or she will begin a rulemaking to implement the change.

[USCG-2001-10881, 71 FR 70308, Dec. 4, 2006]



Sec.  117.9  Delaying opening of a draw.

    No person shall unreasonably delay the opening of a draw after the 
signals required by Sec.  117.15 have been given.

    Note: Trains are usually controlled by the block method. That is, 
the track is divided into blocks or segments of a mile or more in 
length. When a train is in a block with a drawbridge, the draw may not 
be able to open until the train has passed out of the block and the 
yardmaster or other manager has ``unlocked'' the drawbridge controls. 
The maximum time permitted for delay is defined in Subpart B for each 
affected bridge. Land and water traffic should pass over or through the 
draw as soon as possible in order to prevent unnecessary delays in the 
opening and closure of the draw.



Sec.  117.11  Unnecessary opening of the draw.

    No vessel owner or operator shall--
    (a) Signal a drawbridge to open if the vertical clearance is 
sufficient to allow the vessel, after all lowerable nonstructural vessel 
appurtenances that are not essential to navigation have been lowered, to 
safely pass under the drawbridge in the closed position; or
    (b) Signal a drawbridge to open for any purpose other than to pass 
through the drawbridge opening.

[CGD 91-059, 59 FR 16563, Apr. 7, 1994]



Sec.  117.15  Signals.

    (a) General. (1) The operator of each vessel requesting a drawbridge 
to open shall signal the drawtender and the drawtender shall acknowledge 
that signal. The signal shall be repeated until acknowledged in some 
manner by the drawtender before proceeding.
    (2) The signals used to request the opening of the draw and to 
acknowledge that request shall be sound signals, visual signals, or 
radiotelephone communications described in this subpart.
    (3) Any of the means of signaling described in this subpart 
sufficient to alert the party being signaled may be used.
    (b) Sound signals. (1) Sound signals shall be made by whistle, horn, 
megaphone, hailer, or other device capable of producing the described 
signals loud enough to be heard by the drawtender.
    (2) As used in this section, ``prolonged blast'' means a blast of 
four to six seconds duration and ``short blast'' means a blast of 
approximately one second duration.
    (3) The sound signal to request the opening of a draw is one 
prolonged blast followed by one short blast sounded not more than three 
seconds after the prolonged blast. For vessels

[[Page 575]]

required to be passed through a draw during a scheduled closure period, 
the sound signal to request the opening of the draw during that period 
is five short blasts sounded in rapid succession.
    (4) When the draw can be opened immediately, the sound signal to 
acknowledge a request to open the draw is one prolonged blast followed 
by one short blast sounded not more than 30 seconds after the requesting 
signal.
    (5) When the draw cannot be opened immediately, or is open and shall 
be closed promptly, the sound signal to acknowledge a request to open 
the draw is five short blasts sounded in rapid succession not more than 
30 seconds after the vessel's opening signal. The signal shall be 
repeated until acknowledged in some manner by the requesting vessel.
    (c) Visual signals. (1) The visual signal to request the opening of 
a draw is--
    (i) A white flag raised and lowered vertically; or
    (ii) A white, amber, or green light raised and lowered vertically.
    (2) When the draw can be opened immediately, the visual signal to 
acknowledge a request to open the draw, given not more than 30 seconds 
after the vessel's opening signal, is--
    (i) A white flag raised and lowered vertically;
    (ii) A white, amber, or green light raised and lowered vertically; 
or
    (iii) A fixed or flashing white, amber, or green light or lights.
    (3) When the draw cannot be opened immediately, or is open and must 
be closed promptly, the visual signal to acknowledge a request to open 
the draw is--
    (i) A red flag or red light swung back and forth horizontally in 
full sight of the vessel given not more than 30 seconds after the 
vessel's opening signal; or
    (ii) A fixed or flashing red light or lights given not more than 30 
seconds after the vessel's opening signal.
    (4) The acknowledging signal when the draw cannot open immediately 
or is open and must be closed promptly shall be repeated until 
acknowledged in some manner by the requesting vessel.
    (d) Radio telephone communications. (1) Radiotelephones may be used 
to communicate the same information provided by sound and visual 
signals.
    (2) The vessel and the drawtender shall monitor the frequency used 
until the vessel has cleared the draw.
    (3) When radiotelephone contact cannot be initiated or maintained, 
sound or visual signals under this section shall be used.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 82-025, 50 FR 
11366, Mar. 21, 1985; CGD 84-022, 51 FR 16308, May 2, 1986; CGD 96-026, 
61 FR 33664, June 28, 1996; USCG-2001-10881, 71 FR 70308, Dec. 4, 2006]



Sec.  117.17  Signalling for contiguous drawbridges.

    When a vessel must past two or more drawbridges close together, the 
opening signal is given for the first bridge. After acknowledgment from 
the first bridge that it will promptly open, the opening signal is given 
for the second bridge, and so on until all bridges that the vessel must 
pass have been given the opening signal and have acknowledged that they 
will open promptly.



Sec.  117.19  Signalling when two or more vessels are approaching
a drawbridge.

    When two or more vessels are approaching the same drawbridge at the 
same time, or nearly the same, time, whether from the same or opposite 
directions, each vessel shall signal independently for the opening of 
the draw and the drawtender shall reply in turn to the signal of each 
vessel. The drawtender need not reply to signals by vessels accumulated 
at the bridge for passage during a scheduled open period.



Sec.  117.21  Signalling for an opened drawbridge.

    When a vessel approaches a drawbridge with the draw in the open 
position, the vessel shall give the opening signal. If no acknowledgment 
is received within 30 seconds, the vessel may proceed, with caution, 
through the open draw.



Sec.  117.23  Installation of radiotelephones.

    (a) When the District Commander deems it necessary for reasons of 
safety

[[Page 576]]

of navigation, the District Commander may require the installation and 
operation or a radiotelephone on or near a drawbridge.
    (b) The District Commander gives written notice of the proposed 
requirement to the bridge owner.
    (c) All comments the owner wishes to submit shall be submitted to 
the District Commander within 30 days of receipt of the notice under 
paragraph (b) of this section.
    (d) If, upon consideration of the comments received, the District 
Commander determines that a radiotelephone is necessary, the District 
Commander notifies the bridge owner that a radiotelephone shall be 
installed and gives a reasonable time, not to exceed six months, to 
install the radiotelephone and commence operation.



Sec.  117.24  Radiotelephone installation identification.

    (a) The Coast Guard authorizes, and the District Commander may 
require the installation of a sign on drawbridges, on the upstream and 
downstream sides, indicating that the bridge is equipped with and 
operates a VHF radiotelephone in accordance with Sec.  117.23.
    (b) The sign shall give notice of the radiotelephone and its calling 
and working channels--
    (1) In plain language; or
    (2) By a sign consisting of the outline of a telephone handset with 
the long axis placed horizontally and a vertical three-legged lightning 
slash superimposed over the handset. The slash shall be as long 
vertically as the handset is wide horizontally and normally not less 
than 27 inches and no more than 36 inches long. The preferred calling 
channel should be shown in the lower left quadrant and the preferred 
working channel should be shown in the lower right quadrant.

    Note: It is recommended that the radiotelephone sign be similar in 
design to the Service Signs established by the Federal Highway 
Administration (FHWA) in U.S. Road Symbol Signs using Reflective Blue 
and Reflective White colors. Color and design information is available 
from the District Commander of the Coast Guard District in which the 
bridge is located.

[CGD 84-022, 51 FR 16308, May 2, 1986]



Sec.  117.31  Drawbridge operations for emergency vehicles and
emergency vessels.

    (a) Upon receiving notification that an emergency vehicle is 
responding to an emergency situation, a drawtender must make all 
reasonable efforts to have the drawspan closed at the time the emergency 
vehicle arrives.
    (b) When a drawtender receives notice, or a proper signal as 
provided in Sec.  117.15 of this part, the drawtender shall take all 
reasonable measures to have the draw opened, regardless of the operating 
schedule of the draw, for passage of the following, provided this 
opening does not conflict with local emergency management procedures 
which have been approved by the cognizant Coast Guard Captain of the 
Port:
    (1) Federal, State, and local government vessels used for public 
safety;
    (2) Vessels in distress where a delay would endanger life or 
property;
    (3) Commercial vessels engaged in rescue or emergency salvage 
operations; and
    (4) Vessels seeking shelter from severe weather.

[CGD 91-016, 58 FR 20, Jan. 4, 1993, as amended at 71 FR 70308, Dec. 4, 
2006]



Sec.  117.33  Closure of draw for natural disasters or civil disorders.

    Drawbridges need not open for the passage of vessels during periods 
of natural disasters or civil disorders declared by the appropriate 
authorities unless otherwise provided for in Subpart B or directed to do 
so by the District Commander.



Sec.  117.35  Temporary change to a drawbridge operating schedule.

    (a) For any temporary change to the operating schedule of a 
drawbridge, lasting less than or equal to 180 days, the District 
Commander may issue a deviation approval letter to the bridge owner and 
publish a ``Notice of temporary deviation from regulations'' in the 
Federal Register.
    (b) If the time period for a temporary change to the operating 
schedule of a drawbridge will be greater then 180 days, the District 
Commander will follow appropriate rulemaking procedures and publish a 
temporary rule in the

[[Page 577]]

Federal Register prior to the start of the action.
    (c) Request for change. (1) To temporarily change the drawbridge-
operating requirements the bridge owner must submit a written request to 
the District Commander for approval of the change.
    (2) The request must describe the reason for the deviation and the 
dates and times scheduled for the start and end of the change.
    (3) Requests should be submitted as early as possible, preferably 90 
days before the start of the action. District Commanders have discretion 
to accept requests submitted less than 90 days before a needed change if 
those requests can be processed before the date of the needed change.
    (d) Determination. The District Commander's determination to allow 
the schedule change is normally forwarded to the bridge owner within ten 
working days after receipt of the request. If the request is denied, the 
reasons for the denial will be set out in the District Commander's 
decision letter.
    (e) The drawbridge must return to its regular operating schedule 
immediately at the end of the designated time period.
    (f) If the authorized deviation period for an event is broken into 
separate time periods on the same day or on consecutive days, the 
drawbridge must provide openings for navigation between authorized 
schedule changes.
    (g) The District Commander will also announce the change to the 
operating schedule in the Local Notice to Mariners and other appropriate 
local media.

[USCG-2001-10881, 71 FR 70308, Dec. 4, 2006, as amended by USCG-2013-
0397, 78 FR 39174, July 1, 2013; USCG-2014-0410, 79 FR 38433, July 7, 
2014]



Sec.  117.36  Closure of drawbridge for emergency repair.

    (a) When a drawbridge unexpectedly becomes inoperable, or should be 
immediately rendered inoperable because of mechanical failure or 
structural defect, the drawbridge owner must notify the District 
Commander of the closure without delay and give the reason for the 
emergency closure of the drawbridge and an estimated time when the 
drawbridge will be returned to operating condition.
    (b) The District Commander will notify mariners about the drawbridge 
status through Broadcast Notices to Mariners, Local Notice to Mariners 
and any other appropriate local media.
    (c) Repair work under this section must be performed with all due 
speed in order to return the drawbridge to operation as soon as 
possible.

[USCG-2001-10881, 71 FR 70308, Dec. 4, 2006]



Sec.  117.39  Authorized closure of drawbridge due to infrequent 
requests for openings.

    (a) When there have been no requests for drawbridge openings for at 
least two years, a bridge owner may request in writing that the District 
Commander authorize the drawbridge to remain closed to navigation and to 
be untended.
    (b) The District Commander may:
    (1) Authorize the closure of the drawbridge;
    (2) Set out any conditions in addition to the requirement in 
paragraph (d): and
    (3) Revoke an authorization and order the drawbridge returned to 
operation when necessary.
    (c) All drawbridges authorized to remain closed to navigation, under 
this section, must be maintained in operable condition.
    (d) Authorization under this section does not:
    (1) Authorize physical changes to the drawbridge structure, or
    (2) Authorize removal of the operating machinery.
    (e) Drawbridges authorized under this section to remain closed to 
navigation and to be untended are identified in subpart B of this part.

[USCG-2001-10881, 71 FR 70308, Dec. 4, 2006]



Sec.  117.40  Advance notice for drawbridge opening.

    (a) Upon written request by the owner of a drawbridge, the District 
Commander may authorize a drawbridge to operate under an advance notice 
for opening. The drawbridge tender, after receiving the advance notice, 
must open the drawbridge at the requested time and allow for a 
reasonable

[[Page 578]]

delay in arrival of the vessel giving the advance notice.
    (b) If the request is approved, a description of the advanced notice 
for the drawbridge will be added to subpart B of this part.

[USCG-2001-10881, 71 FR 70309, Dec. 4, 2006]



Sec.  117.41  Maintaining drawbridges in the fully open position.

    (a) Drawbridges permanently maintained in the fully open to 
navigation position may discontinue drawtender service as long as the 
drawbridge remains fully open to navigation. The drawbridge must remain 
in the fully open position until drawtender service is restored.
    (b) If a drawbridge is normally maintained in the fully open to 
navigation position, but closes to navigation for the passage of 
pedestrian, vehicular, rail, or other traffic, the drawbridge must be 
tended unless:
    (1) Special operating requirements are established in subpart B of 
this part for that drawbridge; or
    (2) The drawbridge is remotely operated or automated.

[USCG-2001-10881, 71 FR 70309, Dec. 4, 2006]



Sec.  117.42  Remotely operated and automated drawbridges.

    (a) Upon written request by the owner of a drawbridge, the District 
Commander may authorize a drawbridge to operate under an automated 
system or from a remote location.
    (b) If the request is approved, a description of the full operation 
of the remotely operated or automated drawbridge will be added to 
subpart B of this part.

[USCG-2001-10881, 71 FR 70309, Dec. 4, 2006]



Sec.  117.47  Clearance gauges.

    (a) Clearance gauges are required for drawbridges across navigable 
waters of the United States discharging into the Atlantic Ocean south of 
Delaware Bay (including the Lewes and Rehoboth Canal, DE) or into the 
Gulf of Mexico (including coastal waterways contiguous thereto and 
tributaries to such waterways and the Lower Atchafalaya River, LA), 
except the Mississippi River and its tributaries and outlets,
    (b) Except for provisions in this part which specify otherwise for 
particular drawbridges, clearance gauges shall be designed, installed, 
and maintained according to the provisions of Sec.  118.160 of this 
chapter.

    Note: Clearance gauge requirements, if any, for drawbridges other 
than those referred to in this section are listed in Subpart B under the 
appropriate bridge.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 84-022, 51 FR 
16308, May 2, 1986; CGD 96-026, 61 FR 33664, June 28, 1996]



Sec.  117.49  Process of violations.

    (a) Complaints of alleged violations under this part are submitted 
to the District Commander of the Coast Guard District in which the 
drawbridge is located.
    (b) Penalties for violations under this part are assessed and 
collected under Subpart 1.07 of Part 1 of this chapter.



                     Subpart B_Specific Requirements



Sec.  117.51  General.

    The drawbridges in this subpart are listed by the state in which 
they are located and by the waterway they cross. Waterways are arranged 
alphabetically by state. The drawbridges listed under a waterway are 
generally arranged in order from the mouth of the waterway moving 
upstream. The drawbridges on the Atlantic Intracoastal Waterway are 
listed from north to south and on the Gulf Intracoastal Waterway from 
east to west.

[USCG-2001-10881, 71 FR 70309, Dec. 4, 2006]



Sec.  117.55  Posting of requirements.

    (a) The owner of each drawbridge under this subpart, other than 
removable span bridges, must ensure that a sign summarizing the 
requirements in this subpart applicable to the drawbridge is posted both 
upstream and downstream of the drawbridge. The requirements to be posted 
need not include those in Subpart A or Sec. Sec.  117.51 through 117.59 
of this part.
    (b) The signs shall be of sufficient size and so located as to be 
easily read at any time from an approaching vessel.
    (c) If advance notice is required to open the draw, the signs shall 
also

[[Page 579]]

state the name, address, and telephone number of the person to be 
notified.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by USCG-2001-10881, 
71 FR 70309, Dec. 4, 2006]



Sec.  117.59  Special requirements due to hazards.

    For the duration of occurrences hazardous to safety or navigation, 
such as floods, freshets, and damage to the bridge or fender system, the 
District Commander may require the owner of an operational drawbridge 
listed in this subpart to have the bridge attended full time and open on 
signal.

                                 Alabama



Sec.  117.101  Alabama River.

    (a) The Alabama & Gulf Coast Railway Drawbridge, mile 105.3, at Coy, 
shall open on signal if at least 24 hours notice is given.
    (b) The draw of the Meridian and Bigbee Railroad (MNBR) Bridge, mile 
205.9, at Selma, shall open on signal if at least 24 hours notice is 
given. An opening can be arranged by contacting the Meridian and Bigbee 
Railroad Roadmaster at 601-480-5071.
    (c) The draw of the Canadian National/Illinois Central railroad 
bridge, mile 277 near Montgomery, shall open on signal if at least 24 
hours notice is given.
    (d) The draw of the CSX Transportation Railroad bridge, mile 293.3 
near Montgomery, shall open on signal if at least 24 hours notice is 
given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by USCG-2000-7223, 
65 FR 40056, June 29, 2000; CGD08-03-018, 68 FR 34303, June 9, 2003; 
CGD08-04-001, 69 FR 5465, Feb. 5, 2004; USCG-2012-0181, 77 FR 57024, 
Sept. 17, 2012]



Sec.  117.103  Bayou La Batre.

    The draw of SR 188 Bridge, mile 2.3, at Bayou La Batre, will open on 
signal every hour on the hour daily between 4 a.m. and 8 p.m., Monday 
through Sunday. The bridge need not open for the passage of vessels on 
the hours of 7 a.m., 3 p.m., and 4 p.m., Monday through Friday. Monday 
through Friday the draw will open on signal for the passage of vessels 
at 3:30 p.m. The bridge will remain closed to marine traffic from 8 p.m. 
to 4 a.m. daily except for emergencies.

[CGD08-05-001, 70 FR 37675, June 30, 2005]



Sec.  117.105  Bayou Sara.

    The draw of the CSX Transportation Railroad bridge, mile 0.1 near 
Saraland, shall open on signal; except that, from 6 p.m. to 10 a.m. the 
draw shall open on signal if at least eight hours notice is given. 
During periods of severe storms or hurricanes, from the time the 
National Weather Service sounds an ``alert'' for the area until the 
``all clear'' is sounded, the draw shall open on signal.

[CGD8-85-12, 50 FR 41685, Oct. 15, 1985]



Sec.  117.106  Black Warrior River.

    The draw of the Alabama Gulf Coast (AGR) vertical lift span (Yo-Yo) 
bridge across the Black Warrior River, mile 219.0, at Demopolis, shall 
operate as follows:
    (a) The draw shall be maintained in the fully open-to-navigation 
position for vessels at all times, except during periods when it is 
closed for the passage of rail traffic.
    (b) Railroad track circuits will initiate the automatic bridge 
opening and closing sequences. (Estimated duration that the bridge will 
remain closed for passage of rail traffic is 10 to 15 minutes.)
    (c) Upon detecting an approaching train, the track circuits will 
initiate bridge closing warning consisting of continuous horn blowing 
and the navigation lights changing to flashing yellow. Photoelectric 
(infrared) boat detectors will monitor the waterway beneath the bridge 
for the presence of vessels.
    (d) At the end of a six-minute warning period, if no vessels have 
been detected by the boat detectors, the bridge lowering sequence will 
automatically proceed taking approximately two minutes to complete. As 
soon as the bridge leaves the up position, the horn will silence but the 
navigation lights change to flashing red.
    (e) Upon passage of the train, the bridge will automatically open 
unless another movement is detected. The navigation lights will continue 
to flash red until the bridge has returned to the

[[Page 580]]

full open position at which time they will change to steady green.
    (f) The bridge can also be operated from two locked trackside 
control location (key releases) on the approach spans, one on each side 
of the movable span.
    (g) To request openings of the bridge when the lift span is in the 
closed-to-navigation position, mariners may contact the AGR via VHF-FM 
channel 16 or by telephone at 205-654-4364.

[USCG-2012-0764, 77 FR 57028, Sept. 17, 2012]



Sec.  117.107  Chattahoochee River.

    The draws of the CSX Transportation Railroad bridge, mile 117.1 near 
Omaha, GA, shall open on signal if at least six hours notice is given.



Sec.  117.109  Coosa River.

    The draw of the CSX Transportation Railroad bridge, mile 175.0 at 
Gadsden, shall open on signal if at least six hours notice is given.



Sec.  117.113  Tensaw River.

    The draw of the CSX Transportation Railroad bridge, mile 15.0 at 
Hurricane, shall open on signal; except that, from 5 p.m. to 9 a.m., the 
draw shall open on signal if at least eight hours notice is given. 
During periods of severe storms or hurricanes, from the time the 
National Weather Service sounds an ``alert'' for the area until the 
``all clear'' is sounded, the draw shall open on signal.

[CGD8-85-09, 50 FR 37356, Sept. 13, 1985]



Sec.  117.115  Three Mile Creek.

    (a) The draw of the US43 bridge, mile 1.0 at Mobile, need not be 
opened from 7 a.m. to 9 a.m. and from 4:30 p.m. to 6:30 p.m. daily. At 
all other times, the draw shall open on signal if at least 12 hours 
notice is given.
    (b) The draw of the Norfolk Southern railroad bridge, mile 1.1 at 
Mobile, shall open on signal if at least five days notice is given.



Sec.  117.118  Tombigbee River.

    The draw of the Meridian and Bigbee Railroad (MNBR) vertical lift 
span bridge across the Tombigbee River, mile 128.6 (Black Warrior 
Tombigbee (BWT) Waterway mile 173.6), at Naheola, shall operate as 
follows:
    (a) The draw shall be maintained in the fully open-to-navigation 
position for vessels at all times, except during periods when it is 
closed for the passage of rail traffic.
    (b) When a train approaches the bridge, it will stop and a 
crewmember from the train will observe the waterway for approaching 
vessels. If vessels are observed approaching the bridge, they will be 
allowed to pass prior to lowering the bridge. The crewmember will then 
announce via radiotelephone on VHF-FM channel 16 that the bridge is 
preparing to be lowered. If, after two minutes, no response has been 
received, the crewmember will initiate the lowering sequence.
    (c) After the train has completely passed over the bridge, the 
crewmember will initiate the raising sequence. When the bridge is in the 
fully open-to-navigation position, the crewmember will announce via 
radiotelephone on VHF-FM channel 16 that the bridge is in the fully 
open-to-navigation position.
    (d) To request openings of the bridge when the lift span is in the 
closed-to-navigation position, mariners may contact the MNBR via VHF-FM 
channel 16 or by telephone at 205-654-4364.

[USCG-2012-0179, 77 FR 57026, Sept. 17, 2012]

                                Arkansas



Sec.  117.121  Arkansas River.

    The draw of the Missouri Pacific Railroad bridge, mile 23.1 near 
Yancopin, shall open on signal if at least 96 hours notice is given.



Sec.  117.123  Arkansas Waterway.

    (a) Across the Arkansas Waterway, the draw of the Rob Roy 
Drawbridge, mile 67.4, at Pine Bluff, Arkansas is maintained in the 
closed to navigation position and is remotely operated. Any vessel which 
requires an opening of the draw of this bridge shall establish contact 
by radiotelephone with the remote drawbridge operator on VHF-FM Channel 
12 in Omaha, Nebraska. To establish contact, the vessel shall key the 
VHF-FM radio microphone four times in five seconds and listen for an 
acknowledgement tone. The remote

[[Page 581]]

drawbridge operator will then establish normal verbal radio 
communication on VHF-FM Channel 12 and advise the vessel whether the 
requested span can be immediately opened and will maintain constant 
radio contact with the vessel until the requested span has opened and 
vessel passage has been completed. The bridge is equipped with a 
Photoelectric Boat Detection System to prevent the span from lowering if 
there is an obstruction under the span. If the drawbridge cannot be 
opened immediately, the remote drawbridge operator will notify the 
calling vessel and provide an estimated time for a drawspan opening.
    (b) Across the Arkansas Waterway, the draw of the Baring Cross 
Railroad Drawbridge, mile 119.6 at Little Rock, Arkansas, is maintained 
in the closed position and is remotely operated. Use the following 
procedures to request an opening of this bridge when necessary for 
transit:
    (1) Normal flow procedures. Any vessel which requires an opening of 
the draw of this bridge shall establish contact by radiotelephone with 
the remote drawbridge operator on VHF-FM Channel 13 in Omaha, Nebraska. 
To establish contact, the vessel shall key the VHF-FM radio microphone 
four times in five seconds and listen for an acknowledgement tone. The 
remote drawbridge operator will then establish normal verbal radio 
communication on VHF-FM Channel 13 and advise the vessel whether the 
requested span can be immediately opened and will maintain constant 
radio contact with the vessel until the requested span has opened and 
vessel passage has been completed. The bridge is equipped with a 
Photoelectric Boat Detection System to prevent the span from lowering if 
there is an obstruction under the span. If the drawbridge cannot be 
opened immediately, the remote drawbridge operator will notify the 
calling vessel and provide an estimated time for a drawspan opening.
    (2) High velocity flow procedures. The area from mile 118.2 to mile 
125.4 is a regulated navigation area as described in Sec.  165.817. 
During periods of high velocity flow rate of 70,000 cubic feet per 
second or greater at the Murray Lock and Dam, mile 125.4, downbound 
vessels which require that the draw of this bridge be opened for 
unimpeded passage shall contact the remote drawbridge operator as 
described in paragraph (b)(1) of this section either before departing 
Murray Lock and Dam or before departing the mooring cells at mile 121.5 
to ensure that the drawspan is opened well in advance of arrival at the 
bridge. The remote drawbridge operator shall immediately respond to the 
vessel's contact, ensure the drawspan is open for passage, and ensure 
that it remains in the open to navigation position until the downbound 
vessel has safely passed through. If it cannot be opened immediately for 
unimpeded passage in accordance with Sec.  165.817, the remote 
drawbridge operator will notify the downbound vessel and provide an 
estimated time for a drawspan opening. Upbound vessels shall request 
openings in accordance with the normal flow procedures as set forth in 
paragraph (b)(1) of this section. The remote drawbridge operator shall 
keep these approaching vessels informed of the position of the drawspan 
at all times until safe passage is completed.
    (c) Across the Arkansas Waterway, the draw of the Van Buren Railroad 
Drawbridge, mile 300.8 at Van Buren, Arkansas, is maintained in the open 
position except as follows:
    (1) When a train approaches the bridge, amber lights attached to the 
bridge begin to flash and an audible signal on the bridge sounds. At the 
end of 10 minutes, the amber light continues to flash; however, the 
audible signal stops and the draw lowers and locks if the photoelectric 
boat detection system detects no obstruction under the span. If there is 
an obstruction, the draw opens to its full height until the obstruction 
is cleared.
    (2) After the train clears the bridge, the draw opens to its full 
height, the amber flashing light stops, and the mid channel lights 
change from red to green, indicating the navigation channel is open for 
the passage of vessels.

[CGD08-06-005, 71 FR 70879, Dec. 7, 2006, as amended by USCG-2007-0043, 
73 FR 24868, May 6, 2008; USCG-2010-0441, 75 FR 65232, Oct. 22, 2010; 
USCG-2010-0228, 75 FR 66308, Oct. 28, 2010]

[[Page 582]]



Sec.  117.125  Black River.

    The following draws need not be opened for the passage of vessels:
    (a) Union Pacific railroad bridge, mile 3.4 at Paroquet.
    (b) Burlington Northern railroad bridge, mile 68.4 at Black Rock.
    (c) Arkansas State Highway Department bridge, mile 90.1 at 
Pocahontas.
    (d) Burlington Northern railroad bridge, mile 90.4 at Pocahontas.
    (e) Union Pacific railroad bridge, mile 144.4 at Corning.
    (f) Arkansas State Highway Department bridge, mile 152.2 at Corning.



Sec.  117.127  Current River.

    The draws of the Arkansas highway bridge, mile 10.2, and the 
Burlington Northern railroad bridge, mile 12.2, both at Biggers, need 
not be opened for the passage of vessels.



Sec.  117.129  Little Red River.

    The draws of the Burlington Northern railroad bridge, mile 25.0, and 
Arkansas highway bridge, mile 25.2, both at Judsonia, and the Arkansas 
highway bridge, mile 30.5 at Searcy, need not be opened for the passage 
of vessels.



Sec.  117.131  Little River.

    The draws of the Burlington Northern railroad bridge, mile 7.1 near 
Fulton, need not be opened for the passage of vessels.



Sec.  117.133  Ouachita River.

    The draw of the St. Louis Southwestern Railroad Bridge, Mile 338.8 
near Camden, need not be open for the passage of vessels.

[CGD2 89-03, 55 FR 12820, Apr. 6, 1990, as amended by USCG-1998-3799, 63 
FR 35527, June 30, 1998]



Sec.  117.135  Red River.

    The draws of the bridges above mile 276.0 at the Arkansas Louisiana 
border, need not be opened for the passage of vessels.



Sec.  117.137  St. Francis River.

    The draws of the Chicago, Rock Island and Pacific railroad bridge, 
mile 59.7 at Madison, and all drawbridges above that point, need not be 
opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD02 86-33, 51 
FR 32318, Sept. 11, 1986]



Sec.  117.139  White River.

    (a) The draws of the St. Louis Southwestern railroad bridge, mile 
98.9 at Clarendon, the US70 highway bridge, mile 121.7 at DeValls Bluff, 
the Chicago, Rock Island and Pacific Railroad bridge, mile 122.0 at 
DeValls Bluff, the Missouri Pacific railroad bridge, mile 196.3 at 
Augusta, and the Missouri Pacific railroad bridge, mile 254.8 at 
Newport, shall open on signal if at least eight hours notice is given. 
The draws of any of these bridges need not be opened for a vessel that 
arrives later than two hours after the time specified in the notice, 
unless a second notice of at least eight hours is given.
    (b) The draws of the Arkansas highway bridge, mile 300.1 at 
Batesville, and the Missouri Pacific railroad bridge, mile 401.9 at 
Cotter, need not be opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD08-06-005, 72 
FR 70879, Dec. 7, 2006]

                               California



Sec.  117.140  General.

    In California, when fog prevails by day or night, the drawtender, 
after sounding the opening signal, shall toll a bell continuously during 
the approach and passage of a vessel.



Sec.  117.141  American River.

    The draw of the Jiboom Street bridge, mile 0.1 at Sacramento, need 
not be opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984]



Sec.  117.143  Bishop Cut.

    The draw of the San Joaquin County(Eight Mile Road) Highway Bridge, 
mile 1.0 between King Island and Bishop Tract, must open on signal if at 
least 12 hours notice is given to the

[[Page 583]]

San Joaquin County Department of Public Works at Stockton.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by USCG-2014-0410, 
79 FR 38433, July 7, 2014]



Sec.  117.147  Cerritos Channel.

    The draw of the Henry Ford Avenue railroad bridge, mile 4.8 at Long 
Beach, shall be maintained in the fully open position, except when a 
train is crossing or for maintenance. If the draw is in the closed 
position, the opening signal is two short blasts followed by one 
prolonged blast. The acknowledging signal is two prolonged blasts 
followed by one short blast when the draw will open immediately and five 
short blasts when the draw will not open immediately. Channel 13 (156.65 
MHZ) or other assigned frequencies may be used.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984, as 
amended by CGD11-90-03, 61 FR 59026, Nov. 20, 1996; 62 FR 31724, June 
11, 1997; USCG-1999-5832, 64 FR 34712, June 29, 1999; USCG-2017-0473, 82 
FR 28997, June 27, 2017]



Sec.  117.149  China Basin, Mission Creek.

    The draws of the 3rd Street bridge, mile 0.0, and the 4th Street 
bridge, mile 0.2, both at San Francisco, shall open on signal if at 
least one hour notice is given.



Sec.  117.150  Connection Slough.

    The draw of the Reclamation District No. 2027 bridge between 
Mandeville and Bacon Islands, mile 2.5 near Stockton, from May 15 
through September 15, shall open on signal between the hours of 9 a.m. 
and 5 p.m., and it shall open upon 12 hours advance notice between the 
hours of 5 p.m. and 9 a.m.; and from September 16 through May 14 the 
draw shall open upon 12 hours advance notice between the hours of 9 a.m. 
and 5 p.m., and it shall open upon 24 hours advance notice between the 
hours of 5 p.m. and 9 a.m. Advance notice shall be given to the 
drawbridge operator by telephone at (209) 464-2959 or (209) 464-7928 
weekdays between 8 a.m. and 5 p.m., and at (209) 993-8878 all other 
times.

[USCG-2008-1141, 74 FR 30227, June 25, 2009]



Sec.  117.151  Cordelia Slough (a tributary of Suisun Bay).

    The draws of the Union Pacific railroad bridge, mile 1.5 at Suisun, 
shall open on signal if at least 24 hours notice is given.



Sec.  117.153  Corte Madera Creek.

    The draw of the Golden Gate Bridge, Highway and Transportation 
District bridge, mile 0.5 near Greenbrae, shall be maintained in the 
fully open position, except for the crossing of trains or for 
maintenance.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by USCG-1998-3799, 
63 FR 35527, June 30, 1998]



Sec.  117.155  Eureka Slough.

    The drawspan for the Northwestern Pacific Railroad Authority 
Drawbridge, mile 0.3 at Eureka, need not be opened for the passage of 
vessels. The owner or agency controlling the drawbridge must restore the 
drawspan to full operation within six months of notification from the 
District Commander.

[USCG-2001-10881, 71 FR 70309, Dec. 4, 2006]



Sec.  117.157  Georgiana Slough.

    The draws of the Sacramento County highway bridges, mile 4.5 near 
Isleton, and mile 12.4 near Walnut Grove, shall open on signal from 6 
a.m. to 10 p.m. from May 1 through October 31. The draws shall open on 
signal from November 1 through April 30 from 9 a.m. to 5 p.m. At all 
other times, the draws of these bridges shall open on signal if at least 
four hours notice is given to the drawtender at the Rio Vista bridge 
across the Sacramento River, mile 12.8.



Sec.  117.159  Grant Line Canal.

    The draw of the San Joaquin County highway bridge, mile 5.5 at 
Tracy, shall open on signal if at least 12 hours notice is given to the 
San Joaquin County Department of Public Works at Stockton.



Sec.  117.161  Honker Cut.

    The draw of the San Joaquin County (Eightmile Road) bridge, mile 0.3 
between Empire Tract and King Island at Stockton, shall open on signal 
if at least 12 hours notice is given to the

[[Page 584]]

San Joaquin County Department of Public Works at Stockton.



Sec.  117.163  Islais Creek (Channel).

    (a) The draw of the Illinois Street drawbridge, mile 0.3 at San 
Francisco, shall open on signal if at least 72 hours advance notice is 
given to the Port of San Francisco.
    (b) The draw of the 3rd Street drawbridge, mile 0.4 at San 
Francisco, shall open on signal if at least 72 hours advance notice is 
given to the San Francisco Department of Public Works.

[USCG-2008-0648, 73 FR 74019, Dec. 5, 2008]



Sec.  117.165  Lindsey Slough.

    The center drawspan of the Hastings Farms Highway Bridge, mile 2.0 
between Egbert and Lower Hastings Tracts, must be removed for the 
passage of vessels if at least 72 hours notice is given to the Hastings 
Island Land Company office at Rio Vista.

[USCG-2001-10881, 71 FR 70309, Dec. 4, 2006]



Sec.  117.167  Little Potato Slough.

    The draw of the California Department of Transportation highway 
bridge, mile 0.1, at Terminus, shall open on signal if at least 4 hours 
notice is given to the drawtender at the Rio Vista bridge across the 
Sacramento River, mile 12.8.

[CGD11-95-02, 61 FR 17248, Apr. 19, 1996]



Sec.  117.169  Mare Island Strait and the Napa River.

    (a) The draw of the Mare Island Drawbridge, mile 2.8, at Vallejo 
shall open on signal between the hours of 9 a.m. and 7 p.m. daily, and 
upon two hours advance notice all other times. When the drawbridge 
operator is present, mariners may contact the drawbridge via marine 
radio or telephone at (707) 648-4313 for drawspan operation. When the 
drawbridge operator is not present, mariners may contact the City of 
Vallejo via the same telephone number to schedule drawspan operation.
    (b) The draw of the Northwestern Pacific railroad bridge, mile 10.6 
at Brazos, shall be maintained in the fully open position, except for 
the crossing of trains or for maintenance. When the draw is closed and 
visibility at the drawtender's station is less than one mile, up or down 
the channel, the drawtender shall sound two prolonged blasts every 
minute. When the draw is opened, the drawtender shall sound three short 
blasts.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 12-85-02, 50 
FR 20758, May 20, 1985; USCG-1999-5832, 64 FR 34712, June 29, 1999; 
CGD11-03-006, 69 FR 21958, Apr. 23, 2004; CGD 11-05-025, 70 FR 20467, 
Apr. 20, 2005]



Sec.  117.171  Middle River.

    (a) The draw of the San Joaquin County (Bacon Island Road) highway 
bridge, mile 8.6 between Bacon Island and Lower Jones Tract, shall open 
on signal from May 15 through September 15 from 9 a.m. to 5 p.m. From 
September 16 through May 14, the draw shall open on signal from 9 a.m. 
to 5 p.m. from Thursday through Monday. At all other times, the draw 
shall open on signal if at least 12 hours notice is given to the San 
Joaquin County Department of Public Works at Stockton.
    (b) The draw of the Burlington Northern Santa Fe railroad bridge, 
mile 9.8 near Middle River Station, shall open on signal if at least 12 
hours notice is given to the Burlington Northern Santa Fe Railway 
Manager of Structures at San Bernadino.
    (c) The California Route 4 Bridge, mile 15.1, between Victoria 
Island and Drexler Tract need not open for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984, as 
amended by CGD 12-85-01, 50 FR 26559, June 27, 1985; USCG-2000-7223, 65 
FR 40056, June 29, 2000]



Sec.  117.173  Miner Slough.

    The draw of the California Department of Transportation highway 
bridge, mile 5.5 between the northerly end of Ryer Island and Holland 
Tract, shall open on signal if at least 12 hours notice is given to the 
drawtender at the Rio Vista bridge across the Sacramento River, mile 
12.8.



Sec.  117.175  Mokelumne River.

    (a) The draw of the California Department of Transportation highway 
bridge, the Mokelumne River Bridge, mile 3.0, at East Isleton shall open 
upon signal as follows:

[[Page 585]]

    (1) From November 1 through April 30 from 9 a.m. to 5 p.m.
    (2) From May 1 through October 31 from 6 a.m. to 10 p.m., except 
that during the following periods the draw need only open for 
recreational vessels on the hour, 20 minutes past the hour, and 40 
minutes past the hour:

Saturdays 10 a.m. until 2 p.m.
Sundays 11 a.m. until 6 p.m.
Memorial Day; 4th of July; and Labor Day 11 a.m. until 6 p.m.

    (3) At all other times the draw shall open on signal if at least 4 
hours notice is given to the drawtender at Rio Vista bridge over the 
Sacramento River, mile 12.8.
    (4) Emergency vessels of the United States, state or commercial 
vessels engaged in rescue or emergency salvage operations, and vessels 
in distress shall be passed as soon as possible but no later than one 
hour after notice is given.
    (b) The draw of the Sacramento and San Joaquin Counties (Millers 
Ferry) highway bridge, mile 12.1 over the North Fork of the Mokelumne 
River near Walnut Grove, shall open on signal from May 1 through October 
31 from 9 a.m. to 5 p.m. At all other times, the draw shall open on 
signal if at least 12 hours notice is given to the San Joaquin County 
Department of Public Works at Stockton.
    (c) The removable span of the San Joaquin County highway bridge over 
the South Fork of the Mokelumne River, mile 18.0 at New Hope Landing, 
shall be removed as soon as possible upon notification by the District 
Commander that an emergency exists which requires the removal.
    (d) The draws of the bridges above New Hope Landing need not be 
opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 11-92-10, 58 
FR 33339, June 17, 1993]



Sec.  117.177  Mud Slough.

    The draw of the Union Pacific railroad bridge, mile 0.7 near Alviso, 
shall open on signal if at least 24 hours notice is given.



Sec.  117.179  Newark Slough.

    The draw of the San Mateo County Transportation Department railroad 
bridge, mile 0.5 near Newark, shall open on signal if at least 24 hours 
notice is given to the San Mateo Transportation Department, at San 
Carlos.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by USCG-1998-3799, 
63 FR 35527, June 30, 1998]



Sec.  117.181  Oakland Inner Harbor Tidal Canal.

    The draws of the Alameda County highway drawbridges at Park Street, 
mile 5.2; Fruitvale Avenue, mile 5.6; and High Street, mile 6.0; and the 
U.S. Army Corps of Engineers railroad drawbridge, mile 5.6 at Fruitvale 
Avenue, shall open on signal; except that, from 8 a.m. to 9 a.m. and 
4:30 p.m. to 6:30 p.m. Monday through Friday except Federal holidays, 
the draws need not be opened for the passage of vessels. However, the 
draws shall open during the above closed periods for vessels which must, 
for reasons of safety, move on a tide or slack water, if at least two 
hours notice is given.

[CGD 11-11-99-013, 66 FR 18725, Apr. 11, 2001, as amended by USCG-2001-
10881, 71 FR 70309, Dec. 4, 2006]



Sec.  117.183  Old River.

    The draw of the California Department of Transportation (Route 4) 
highway bridge, mile 14.8 between Victoria Island and Byron Tract, shall 
open on signal from May 1 through October 31 from 6 a.m. to 10 p.m. and 
from November 1 through April 30 from 9 a.m. to 5 p.m. At all other 
times, the draw shall open on signal if at least four hours notice is 
given to the drawtender at the Rio Vista bridge across the Sacramento 
River, mile 12.8.



Sec.  117.185  Pacheco Creek.

    The draw of the Contra Costa County highway bridge, mile 1.0, and 
Union Pacific Railroad bridge, mile 1.1, both near Martinez, shall open 
on signal if at least 24 hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 12-85-02, 50 
FR 20758, May 20, 1985]

[[Page 586]]



Sec.  117.187  Petaluma River.

    (a) The draws of the Northwestern Pacific railroad bridges, mile 0.8 
at Blackpoint and mile 12.4 at Haystack Landing, shall be maintained in 
the fully open position, except for the crossing of trains or for 
maintenance. When the draw is closed and visibility from the 
drawtender's station is less than one mile up or down the channel, the 
drawtender shall sound two long blasts every minute. When the draw is 
reopened, the drawtender shall sound three short blasts.
    (b) The draw of the Petaluma highway bridge at ``D'' Street, mile 
13.7 at Petaluma, shall open on signal if at least four hours notice is 
given for openings from 6 a.m. to 6 p.m., and if at least 24 hours 
notice is given for openings from 6 p.m. to 6 a.m.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 11-88-10, 53 
FR 51099, Dec. 20, 1988; USCG-2001-10881, 71 FR 70309, Dec. 4, 2006]



Sec.  117.189  Sacramento River.

    (a) The draws of each bridge from Isleton to the American River 
junction except for the Sacramento County highway bridge across the 
Sacramento River, mile 46.0 at Freeport, shall open on signal from May 1 
through October 31 from 6 a.m. to 10 p.m. and from November 1 through 
April 30 from 9 a.m. to 5 p.m. At all other times, the draws shall open 
on signal if at least four hours notice is given to the drawtender at 
the Rio Vista bridge across the Sacramento River, mile 12.8.
    (b) The draw of the Sacramento County highway bridge, mile 46.0 at 
Freeport, shall open on signal from May 1 through September 30 from 9 
a.m. to 5 p.m. At all other times, the draw shall open on signal if at 
least four hours notice is give to the drawtender at the Rio Vista 
Bridge across the Sacramento River, mile 12.8.
    (c) The draws of the California Department of Transportation 
bridges, mile 90.1 at Knights Landing, and mile 135.5 at Meridian, shall 
open on signal if at least 12 hours notice is given to the California 
Department of Transportation at Marysville.
    (d) The draws of the bridges above Meridian need not be opened for 
the passage of vessels.

[USCG-2011-1138, 77 FR 74777, Dec. 18, 2012]



Sec.  117.191  San Joaquin River.

    (a) The draw of the Port of Stockton railroad bridge, mile 39.7 at 
Stockton, shall open on signal if at least 12 hours notice is given to 
the Port Director.
    (b) The draws of the U.S. Navy Draw-bridge, mile 39.8, Burlington 
Northern Santa Fe railroad bridge, mile 40.6, and California Highway 4 
bridge (Garwood Bridge), mile 41.6, need not be opened for the passage 
of vessels. The owners or agencies controlling the bridges shall restore 
the draws to full operation within six months of notification to take 
such action from the District Commander.
    (c) Drawbridges above the Old River junction need not open for the 
passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 12-85-06, 50 
FR 31177, Aug. 1, 1985; CGD 88-052, 53 FR 25120, July 1, 1988; USCG-
1999-5832, 64 FR 34712, June 29, 1999]



Sec.  117.193  San Leandro Bay.

    The drawspans of the California Department of Transportation Highway 
and Bicycle drawbridges, mile 0.0 and mile 0.1, between Alameda and Bay 
Farm Island, must open on signal; except that, from 5 a.m. to 8 a.m. and 
5 p.m. to 9 p.m., the drawspans must open on signal if at least 12 hours 
notice is given. Notice must be given to the drawtender of the Bay Farm 
Island drawbridges from 8 a.m. to 5 p.m. and to the drawtender of the 
Park Street Drawbridge at Alameda at all other times. The drawspans need 
not be opened for the passage of vessels from 9 p.m. to 5 a.m.

[USCG-2001-10881, 71 FR 70309, Dec. 4, 2006]



Sec.  117.195  Snodgrass Slough.

    The draw of the Sacramento County bridge, mile 4.4 at Walnut Grove, 
shall open on signal if at least 72 hours notice is given to Sacramento 
County Transportation Operations and Maintenance office at Sacramento.

[CGD11-93-02, 59 FR 13248, Mar. 21, 1994, as amended by USCG-2001-10881, 
71 FR 70309, Dec. 4, 2006]

[[Page 587]]



Sec.  117.197  Sonoma Creek.

    The draw of the Northwestern Pacific railroad bridge, mile 5.4 at 
Wingo, shall open on signal if at least 24 hours notice is given.



Sec.  117.199  Steamboat Slough.

    The draw of the California Department of Transportation highway 
bridge, mile 11.2 at the head of Grand Island, shall open on signal from 
May 1 through October 31 from 6 a.m. to 10 p.m. At all other times, the 
draw shall open on signal if at least four hours notice is given to the 
drawtender at the Rio Vista bridge across the Sacramento River, mile 
12.8.



Sec.  117.201  Sutter Slough.

    The draw of the Sacramento County highway bridge, mile 6.4 near 
Courtland, need not be opened for the passage of vessels. However, the 
draw shall be returned to operable condition within six months after 
notification by the District Commander to do so.

                               Connecticut



Sec.  117.202  Cold Spring Brook.

    The draw of the footbridge, mile 0.1 at Saybrook, shall open within 
15 minutes of a mariner's request by telephone. To enable mariners to 
request bridge openings, the owner shall maintain and monitor a 
telephone at the bridge and provide a means for mariners to secure their 
boats upstream and downstream of the bridge in order to use this 
telephone.

[CGD3 86-33, 52 FR 5536, Feb. 25, 1987]



Sec.  117.205  Connecticut River.

    (a) The owners of the AMTRAK Old Saybrook-Old Lyme Bridge, mile 3.4 
the Route 82 Bridge, mile 16.8, and the CONRAIL Middletown-Portland 
Bridge, mile 32.0, shall provide, and keep in good legible condition, 
clearance gauges with figures not less than twelve (12) inches which 
designed, installed and maintained according to the provisions of Sec.  
118.160 of this chapter.
    (b) The draws of the AMTRAK Old Saybrook-Old Lyme Bridge, mile 3.4, 
and the CONRAIL Middletown-Portland Bridge, mile 32.0, shall be opened 
as soon as practicable for all non-commercial vessels that cannot pass 
under the closed draws, but in no case shall the delay be more than 20 
minutes from the time the opening was requested.
    (c) The draw of the Route 82 Bridge, mile 16.8, at East Haddam, 
shall open on signal except that, from 15 May to 31 October, between 9 
a.m. and 9 p.m., the draw need open for recreational vessels on the hour 
and half-hour only. The draw shall open on signal for commercial vessels 
at all times.

[CGD01-95-009, 63 FR 10140, Mar. 2, 1998]



Sec.  117.207  Housatonic River.

    (a) The draw of the US 1 Bridge, mile 3.5, at Stratford, shall open 
on signal; except that, from 7 a.m. to 9 a.m., Monday through Friday, 
and 4 p.m. to 5:45 p.m. daily, the draw need not open for the passage of 
vessels. From December 1 through March 31, from 8 p.m. to 4 a.m., the 
draw shall open on signal if at least six-hours notice is given by 
calling the number posted at the bridge.
    (b) The draw of the Metro-North (Devon) bridge, mile 3.9 at 
Stratford, shall operate as follows:
    (1) The draw shall open on signal; except as follows:
    (i) From 7 a.m. to 9 a.m. and from 4 p.m. to 5:45 p.m. Monday 
through Friday except Federal holidays or an emergency, the draw need 
not be opened for the passage of vessels.
    (ii) From 5:30 a.m. to 7 a.m. and from 5:45 p.m. to 8:15 p.m. except 
Saturdays, Sundays, and Federal holidays, the draw need not be opened 
more than once in any 60 minute period.
    (iii) From 9 p.m. to 5 a.m., the draw shall open on signal if notice 
is given to the chief dispatcher of the railroad before 4 p.m. on the 
day of the intended passage.
    (2) A delay in opening the draw shall not exceed 20 minutes for the 
passage of approaching trains from the time of the request.

[CGD 82-025, 49 FR 43458, Oct. 29, 1984, as amended by CGD3 85-42, 50 FR 
26711, June 28, 1985; CGD01-99-085, 64 FR 60673, Nov. 8, 1999]

[[Page 588]]



Sec.  117.209  Mianus River.

    The draw of the Metro-North bridge, mile 1.0 at Greenwich, shall 
operate as follows:
    (a) From 5 a.m. to 9 p.m.--
    (1) The draw shall open on signal immediately for the passage of 
commercial vessels and as soon as practicable but no later than 20 
minutes after the signal to open for the passage of all other vessels.
    (2) When a train scheduled to cross the bridge without stopping has 
passed the Greenwich or Riverside stations and is in motion toward the 
bridge, the draw shall open as soon as the train has crossed the bridge.
    (b) The draw shall open on signal from April 1 through October 31, 
from 9 p.m. to 5 a.m., after at least a four-hour advance notice is 
given and from November 1 through March 30, from 9 p.m. to 5 a.m., after 
at least a twenty-four-hour advance notice is given by calling the 
number posted at the bridge.

[CGD 82-025, 49 FR 43458, Oct. 29, 1984, as amended by GCD01-00-228, 69 
FR 32447, June 10, 2004; CGD01-00-228, 70 FR 75939, Dec. 22, 2005]



Sec.  117.211  Mystic River.

    (a) The draw of the Amtrak railroad bridge, mile 2.4 at Mystic, 
shall operate as follows:
    (1) From April 1 to October 31, the draw shall open on signal.
    (2) From November 1 to March 31, the draw shall open on signal from 
5 a.m. to 9 p.m. From 9 p.m. to 5 a.m., the draw shall open on signal if 
at least eight hours notice is given.
    (3) Commercial vessels shall be passed immediately at any time; 
however, the opening may be delayed up to eight minutes to allow trains, 
which have entered the drawbridge block and are scheduled to cross the 
bridge without stopping, to clear the block.
    (4) All other vessels shall be passed as soon as practicable but no 
later than 20 minutes after the signal to open is given.
    (b) The draw of the U.S. 1 Bridge, mile 2.8, at Mystic, shall open 
on signal except:
    (1) From May 1 through October 31, from 7:40 a.m. to 6:40 p.m., the 
draw need only open hourly at twenty minutes before the hour.
    (2) From November 1 through April 30, from 8 p.m. to 4 a.m., the 
draw shall open on signal if at least six-hours notice is given by 
calling the number posted at the bridge.

[CGD 82-025, 49 FR 43458, Oct. 29, 1984, as amended by CGD3 84-31, 50 FR 
26710, June 28, 1985; CGD01-99-079, 64 FR 60675, Nov. 8, 1999; CGD01-03-
115, 69 FR 31008, June 2, 2004]



Sec.  117.213  New Haven Harbor, Quinnipiac and Mill Rivers.

    The draws of the Tomlinson Bridge, mile 0.0, the Ferry Street 
Bridge, mile 0.7, and the Grand Avenue Bridge, mile 1.3, across the 
Quinnipiac River, and the Chapel Street Bridge, mile 0.4, across the 
Mill River, shall operate as follows:
    (a) The draw of the Tomlinson Bridge at mile 0.0, across the 
Quinnipiac River shall open on signal; except that, from 7:30 a.m. to 
8:30 a.m., noon to 12:15 p.m., 12:45 p.m. to 1 p.m., and 4:45 p.m. to 
5:45 p.m., Monday through Friday, except Federal holidays, the draw need 
not open for the passage of vessel traffic.
    (b) The draw of the Ferry Street Bridge at mile 0.7, across 
Quinnipiac River, shall open on signal; except that, from 7:30 a.m. to 
8:30 a.m. and 4:45 p.m. to 5:45 p.m., Monday through Friday, except 
Federal holidays, the draws need not open for the passage of vessel 
traffic. From 9 p.m. to 5 a.m. the draw shall open on signal if at least 
a one-hour advance notice is given by calling the number posted at the 
bridge.
    (c) The draw of the Grand Avenue Bridge at mile 1.3, across the 
Quinnipiac River shall open on signal; except that, from 7:30 a.m. to 
8:30 a.m. and 4:45 p.m. to 5:45 p.m., Monday through Friday, except 
Federal holidays, the draw need not open for the passage of vessel 
traffic. From 9 p.m. to 5 a.m. the draw shall open on signal if at least 
a one-hour advance notice is given by calling the number posted at the 
bridge.
    (d) The draw of the Chapel Street Bridge at mile 0.4, across the 
Mill River shall open on signal; except that, from 7:30 a.m. to 8:30 
a.m. and 4:45 p.m. to 5:45 p.m., Monday through Friday, except Federal 
holidays, the draw need

[[Page 589]]

not open for the passage of vessel traffic. From 9 p.m. to 5 a.m. the 
draw shall open on signal after at least a one-hour advance notice is 
given by calling the number posted at the bridge.

[USCG-2009-1021, 78 FR 13481, Feb. 28, 2013]



Sec.  117.215  Niantic River.

    (a) The draw of the Amtrak Bridge, mile 0.0, at Niantic, shall open 
on signal at all times. When a train scheduled to cross the bridge 
without stopping has entered the drawbridge block, a delay in opening 
the draw may occur until the train has cleared the block. The delay 
should not exceed 10 minutes.
    (b) The draw of the S156 Bridge, mile 0.1, at Niantic, shall open on 
signal; except that, from 7 a.m. to 8 a.m., and 4 p.m. to 5 p.m., Monday 
through Friday, except holidays, the draw shall open only for the 
passage of commercial vessels. From December 1 through March 31, from 8 
p.m. to 4 a.m., the draw shall open on signal if at least six hours 
notice is given by calling the number posted at the bridge.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984; 
CGD01-99-087, 64 FR 61519, Nov. 12, 1999, as amended by USCG-2015-0218, 
80 FR 35243, June 19, 2015]



Sec.  117.217  Norwalk River.

    (a) The draw of the Washington Street S136 Bridge, mile 0.0, at 
Norwalk, shall operate as follows:
    (1) The draw shall open on signal; except that, from 7 a.m. to 8:45 
a.m., 11:45 a.m. to 1:15 p.m., and 4 p.m. to 6 p.m., Monday through 
Friday, except holidays, the draw need not be opened for the passage of 
vessels that draw less than 14 feet of water.
    (2) The draw need not open for the passage of vessel traffic, from 
10 a.m. to 12 p.m., on the first Saturday in December, to facilitate the 
running of the annual Norwalk River Fun Run. Should inclement weather 
force the postponement of the race the above bridge closure shall be 
implemented the next day, the first Sunday after the first Saturday in 
December, from 10 a.m. to 12 p.m.
    (3) The bridge opening signal is three short blasts. Vessels drawing 
14 feet of water or more shall add one prolonged blast after the three 
short blasts.
    (b) The draw of the Metro-North ``WALK'' Bridge, mile 0.1, at 
Norwalk, shall operate as follows:
    (1) The draw shall open on signal between 4:30 a.m. and 9 p.m. after 
at least a two hour advance notice is given; except that, from 5:45 a.m. 
through 9:45 a.m. and from 4 p.m. through 8 p.m., Monday through Friday 
excluding holidays, the draw need not open for the passage of vessel 
traffic unless an emergency exists.
    (2) From 9 p.m. through 4:30 a.m. the draw shall open on signal 
after at least a four hour advance notice is given.
    (3) A delay in opening the draw not to exceed 10 minutes may occur 
when a train scheduled to cross the bridge without stopping has entered 
the drawbridge lock.
    (4) Requests for bridge openings may be made by calling the bridge 
via marine radio VHF FM Channel 13 or the telephone number posted at the 
bridge.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD3 85-42, 50 FR 
26711, June 28, 1985; CGD01-07-019, 72 FR 51180, Sept. 6, 2007; USCG-
2014-1057, 81 FR 45022, July 12, 2016]



Sec.  117.219  Pequonnock River.

    (a) The draw of the Stratford Avenue Bridge at mile 0.1, at 
Bridgeport, shall open on signal; except that, from 6:45 a.m. to 7:15 
a.m., 7:45 a.m. to 8:15 a.m., 11:45 a.m. to 1:15 p.m., and 4:30 p.m. to 
6:10 p.m., the draw need not open for the passage of vessel traffic. 
From December 1 through March 31, from 8 p.m. to 4 a.m., the draw shall 
open on signal if at least a six-hour notice is given by calling the 
number posted at the bridge.
    (b) The draw of the Metro-North Peck Bridge at mile 0.3, at 
Bridgeport, shall open on signal or after three blasts as follows:
    (1) From 5:45 a.m. to 9 p.m. except:
    (i) From Monday through Friday, excluding holidays or emergencies, 
the draw need not be opened from 6:45 a.m. to 7:15 a.m., 7:45 a.m. to 
8:15 a.m., and 4:30 p.m. to 6:10 p.m.
    (ii) From Monday through Friday, excluding holidays or emergencies, 
the draw need not be opened more than once during the periods from 5:45 
a.m.

[[Page 590]]

to 6:45 a.m., 7:15 a.m. to 7:45 a.m., 8:15 a.m. to 9 a.m., and 6:10 p.m. 
to 8:15 p.m.
    (2) From 9 p.m. to 5:45 a.m., the draw shall open on signal if at 
least an eight-hour notice is given by calling the number posted at the 
bridge.
    (3) The draw need not open on signal if a train is approaching so 
closely that it may not be safely stopped; however, any delay in opening 
the draw shall not exceed seven minutes from the time the request to 
open is received.
    (c) The draw of the East Washington Street Bridge at mile 0.6, shall 
open on signal or after one prolonged blast followed by two short 
blasts, if at least a twenty four hour notice is given by calling the 
number posted at the bridge.

[ USCG-2010-0787, 75 FR 55477, Sept. 13, 2010]



Sec.  117.221  Saugatuck River.

    (a) Public vessels of the United States must be passed through as 
soon as possible.
    (b) The draw of the Metro-North ``SAGA'' Bridge, mile 1.1 at 
Saugatuck shall operate as follows:
    (1) Year-round need not open:
    (i) Weekdays from 7 a.m. to 8:10 a.m. and 5:30 p.m. to 7 p.m. except 
on Federal holidays;
    (ii) From 9 p.m. to 5 a.m.
    (2) From October 1-May 31, open on signal:
    (i) Weekdays from 8:10 a.m.-4 p.m.;
    (ii) Weekends and Federal holidays 7 a.m.-4 p.m.;
    (iii) If at least eight hours notice is given: daily, from 5 a.m.-7 
a.m., 4 p.m.-5:30 p.m. and 7 p.m.-9 p.m., and weekends and Federal 
holidays from 5:30 p.m.-7 p.m.
    (3) From June 1-September 30, open on signal 5 a.m.-9 p.m., except 
as provided in paragraph (b)(1)(i) of this section.
    (4) A delay in opening the draw not to exceed 10 minutes may occur 
when a train scheduled to cross the bridge without stopping has entered 
the drawbridge block.
    (c) The draw of the Route 136 Bridge, mile 1.3 at Saugatuck shall 
operate as follows:
    (1) Year-round, need not open weekdays, except Federal holidays, 
from 7 a.m. to 8:30 a.m. and 5:30 p.m. to 7:30 p.m.
    (2) From April 15-October 31, open on signal if at least two hours 
notice is given, except as provided in paragraph (c)(1) of this section.
    (3) From November 1-April 14, open on signal:
    (i) From 8:30 a.m. to 3 p.m. if at least eight hours notice is 
given;
    (ii) From 3 p.m. to 8:30 a.m., if at least 24 hours notice is given, 
except as provided in paragraph (c)(1) of this section.

[CGD 82-087, 50 FR 13319, Apr. 4, 1985, as amended by USCG-2001-10881, 
71 FR 70309, Dec. 4, 2006]



Sec.  117.223  Shaw Cove.

    The draw of the Amtrak bridge, mile 0.0 at New London, shall open on 
signal from December 1 through March 31 from 8 a.m. to 5 p.m. Monday 
through Friday. From December 1 through March 31 from 5 p.m. to 8 a.m. 
and on Saturdays and Sundays, the draw shall open on signal if at least 
eight hours notice is given. From April 1 through November 30 from 5 
a.m. to 10 p.m., the draw shall open on signal; and, from 10 p.m. to 5 
a.m., the draw shall open on signal if at least one hour notice is 
given. A delay of up to 10 minutes may be expected if a train is 
approaching so closely that it may not be safety stopped. When a vessel 
is in an emergency that may endanger life or property, the draw shall 
open as soon as possible.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 43459, Oct. 29, 1984]



Sec.  117.224  Thames River.

    The draw of the Amtrak Bridge, mile 3.0, at New London, shall 
operate as follows:
    (a) The draw shall open on signal to 75 feet above mean high water 
for all vessel traffic unless a full bridge opening to 135.3 feet above 
mean high water is requested.
    (b) The 75 foot opening will be signified by a range light display 
with one solid green light and one flashing green light and the full 
135.3 foot opening will be signified with two solid green range lights.
    (c) The draw shall open on signal for public vessels of the United 
States and commercial vessels; except that, when

[[Page 591]]

a train scheduled to cross the bridge without stopping has passed the 
Midway, Groton, or New London stations and is in motion toward the 
bridge, the lift span shall not be opened until the train has crossed 
the bridge.
    (d) The draw shall open on signal as soon as practicable for all 
other vessel traffic but no later than 20 minutes after the signal to 
open is given.

[USCG-2013-0983, 80 FR 4, Jan. 2, 2015]



Sec.  117.225  Yellow Mill Channel.

    The drawspan of the Stratford Avenue Bridge, mile 0.3 at Bridgeport, 
must open on signal if at least 24-hours notice is given. Public vessels 
of the United States must pass through as soon as possible.

[USCG-2001-10881, 71 FR 70310, Dec. 4, 2006]

                                Delaware



Sec.  117.231  Brandywine Creek.

    The draw of the Conrail bridge, mile 1.1, the Church Street bridge, 
mile 1.3, and the Sixteenth Street bridge, mile 1.7, all at Wilmington, 
need not be opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD3 85-42, 50 FR 
26712, June 28, 1985]



Sec.  117.233  Broad Creek.

    The draws of the Norfolk Southern bridge, mile 8.0, the Poplar 
Street Bridge, mile 8.2 and the U.S. 13A Bridge, mile 8.25, all in 
Laurel, need not open for the passage of vessels.

[USCG-2015-1011, 81 FR 33591, May 27, 2016]



Sec.  117.234  Cedar Creek.

    The SR 36 Bridge, mile 0.5 in Cedar Beach, shall open on signal. 
From April 1 through November 30 from 2 a.m. to 4 a.m.; and from 
December 1 through March 31 from 6:30 p.m. to 6 a.m., the draw shall 
open on signal if at least four hours notice is given.

[CGD05-06-044, 71 FR 53325, Sept. 11, 2006]



Sec.  117.235  Chesapeake and Delaware Canal.

    The draw of the Conrail bridge, mile 7.7, shall open on signal. The 
following light signals, located in the center of the drawspan on both 
sides of the bridge, shall be used:
    (a) When the draw is to be opened immediately, one fixed amber 
light.
    (b) When the draw is not ready to be opened, one flashing red light.



Sec.  117.237  Christina River.

    (a) The owners of the bridges on this waterway:
    (1) Shall provide and keep in good legible condition two board gages 
painted white with black figures not less than six inches high to 
indicate the vertical clearance under the closed draw at all stages of 
the tide. The gages shall be so placed on the bridges that they are 
plainly visible to the operator of each vessel approaching the bridge 
either up or downstream.
    (2) Shall open on signal except that the draw of a railroad bridge 
need not be opened when a train is in the bridge block, approaching the 
bridge, or within 5 minutes of the passage of a passenger train; but in 
no event shall the opening of the draw be delayed more than 10 minutes.
    (b) The draw of the Norfolk Southern Railroad Bridge, mile 1.4 at 
Wilmington, shall operate as follows:
    (1) The draw shall remain in the open position for navigation. The 
draw shall only be closed for train crossings or periodic maintenance 
authorized in accordance with subpart A of this part.
    (2) The bridge shall be operated by the controller at the 
Harrisburg, PA Dispatcher's Office. The controller shall monitor vessel 
traffic with closed circuit cameras and infrared sensors covering the 
swing radius. Operational information will be provided 24 hours a day on 
marine channel 13 and via telephone (717) 541-2140.
    (3) The bridge shall not be operated from the remote location in the 
following events: Failure or obstruction of the infrared sensors, 
closed-circuit cameras or marine-radio communications, or anytime 
controller's visibility is inhibited. In these situations, a bridge 
tender with Norfolk Southern must be called and on-site within 30 
minutes.
    (4) Before the bridge closes for any reason, the remote operator 
will monitor waterway traffic in the area. The bridge shall only be 
closed if the off-

[[Page 592]]

site remote operator's visual inspection shows that the channel is clear 
and there are no vessels transiting in the area. While the bridge is 
moving, the operator shall maintain constant surveillance of the 
navigation channel.
    (5) Before closing the draw, the channel traffic lights would change 
from flashing green to flashing red, the horn will sound five short 
blasts, and an audio voice warning stating, ``Attention, Attention. 
Norfolk Southern Railroad Bridge over Christina River at milepost 1.4 
will be closing to river traffic.'' Five short blasts of the horn will 
continue until the bridge is seated and locked down to vessels. The 
channel traffic lights will continue to flash red.
    (6) When the rail traffic has cleared, the horn will sound one 
prolonged blast followed by one short blast to indicate the draw is 
opening to vessel traffic. During the opening swing movement, the 
channel traffic lights would flash red until the bridge returns to the 
fully open position. In the full open position to vessels, the bridge 
channel lights will flash green followed by an announcement stating, 
``Security, security, security. Norfolk Southern Railroad Bridge over 
Christina River at mile 1.4 is open for river traffic.'' Vessels shall 
stay clear of both channels as to not interfere with infrared detectors, 
until green lights are displayed on the swing span.
    (c) In Wilmington DE, the draw of the Third Street Bridge at mile 
2.3, shall open on signal, the draws of the Walnut Street Bridge at mile 
2.8, and the Market Street Bridge at mile 3.0, shall open on signal if 
at least eight hours notice is given. From 7 a.m. to 8 a.m. and 4:30 
p.m. to 5:30 p.m., Monday through Saturday except holidays, the draws of 
these three bridges need not be opened for the passage of vessels. Any 
vessel which has passed through one or more of these bridges immediately 
prior to a closed period and which requires passage through the other 
bridge or bridges in order to continue to its destination shall be 
passed through the draw or draws of the bridge or bridges without delay.
    (d) The draws of the Norfolk Southern Railroad bridges, at miles 4.1 
and 4.2, both at Wilmington, shall open on signal from 6 a.m. to 8 p.m. 
if at least 24 hours notice is given. From 8 p.m. to 6 a.m., the draws 
need not be opened for the passage of vessels.
    (e) The draw of the SH141 bridge, mile 7.5 at Wilmington, shall open 
on signal if at least 24 hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD3 84-06, 49 FR 
33448, Aug. 23, 1984, CGD3 85-42, 50 FR 26712, June 28, 1985; CGD 87-
035, 52 FR 33812, Sept. 8, 1987; CGD05-04-168, 70 FR 4016, Jan. 28, 
2005; USCG-2012-1085, 78 FR 61182, Oct. 3, 2013]



Sec.  117.239  Lewes and Rehoboth Canal.

    (a) The draw of the Savannah Road/SR 18 Bridge, at mile 1.7, in 
Lewes shall open on signal if at least four hours notice is given.
    (b) The draw of the SR 14A Bridge, at mile 6.7, in Rehoboth shall 
open on signal if at least 24 hours notice is given.

[CGD05-06-089, 72 FR 5619, Feb. 7, 2007]



Sec.  117.241  Mispillion River.

    The draw of the Route 1/Rehoboth Blvd. Bridge, at mile 11.0, at 
Milford shall open on signal if at least 24 hours notice is given.

[CGD05-06-089, 72 FR 5619, Feb. 7, 2007, as amended by USCG-2011-0257, 
76 FR 31837, June 2, 2011]



Sec.  117.243  Nanticoke River.

    (a) The draw of the Norfolk Southern Railway Bridge, mile 39.4 in 
Seaford, will operate as follows:
    (1) From March 15 through November 15, the draw will open on signal 
for all vessels except that from 11 p.m. to 5 a.m. at least 2\1/2\ hours 
notice will be required.
    (2) At all times, from November 16 through March 14, the draw will 
open on signal if at least 2\1/2\ hours notice is given.
    (3) When notice is required, the owner operator of the vessel must 
provide the train dispatcher with an estimated time of passage by 
calling (717) 215-0379 or (609) 412-4338.
    (b) The draw of the SR 13 Bridge, mile 39.6 in Seaford, shall open 
on signal, except from 6 p.m. to 8 a.m., from April 1 through October 
31; from November 1 through March 31, Monday to Friday, and on Saturday 
and Sunday

[[Page 593]]

from 3:30 p.m. to 7:30 a.m., if at least four hours notice is given.

[CGD05-06-044, 71 FR 53325, Sept. 11, 2006]



Sec.  117.245  Smyrna River.

    The draw of the Delaware highway bridge, mile 4.0 at Flemings 
Landing, shall open on signal if at least 24 hours notice is given.

                          District of Columbia



Sec.  117.253  Anacostia River.

    (a) The draw of the Frederick Douglass Memorial (South Capitol 
Street) bridge, mile 1.2, shall open on signal if at least 24 hours 
notice is given. The draw is closed to the passage of vessels on each 
Presidential Inauguration Day and may occasionally be closed without 
advance notice to permit uninterrupted transit of dignitaries across the 
bridge.
    (b) The CSX Railroad Bridge, mile 3.4.
    (1) The draw of the bridge to be operated by the controller at the 
Benning Yard office shall open on signal:
    (i) At all times for public vessels of the United States, state and 
local government vessels, commercial vessels and any vessels in an 
emergency involving danger to life or property.
    (ii) Between 9 a.m. and 12 p.m. and between 1 p.m. and 6 p.m. from 
May 15 through September 30.
    (iii) Between 6 p.m. and 7 p.m. from May 15 through September 30 if 
notice is given to the controller at the Benning Yard office not later 
than 6 p.m. on the day for which the opening is requested.
    (iv) At all other times, if at least 48 hours of notice is given to 
the controller at the Benning Yard Office.
    (2) The CSX Railroad Bridge shall not be operated by the controller 
at the Benning Yard office in the event of failure or obstruction of the 
motion sensors, laser scanners, video cameras or marine-radio 
communications, In these situations, a bridge tender must be called to 
operate the bridge on-site.
    (3) Except as provided in Sec.  117.31(b), opening of the draw shall 
not exceed ten minutes after clearance of rail traffic.
    (4) A horn will sound one prolonged blast followed by one short 
blast to indicate that the CSX Railroad Bridge is moving to the full 
open position for vessel traffic. During open span movement, the channel 
traffic lights will flash red until the bridge is in the full open 
position to vessels. In the full open position to vessels, the bridge 
channel traffic lights will flash green.
    (5) A horn will sound five short blasts, the channel traffic lights 
will flash red, and an audio voice-warning device will announce bridge 
movement during closing span movement. Five short blasts of the horn 
will continue until the bridge is seated in and locked down. When the 
bridge is seated and in locked down position to vessels, the channel 
traffic lights will continue to flash red.
    (6) The owners of the bridge shall provide and keep in good legible 
condition two board gauges painted white with black figures not less 
than six inches high to indicate the vertical clearance under the closed 
draw at all stages of the tide. The gauges shall be placed on the bridge 
so that they are plainly visible to the operator of any vessel 
approaching the bridge from either upstream or downstream.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984, as 
amended by CGD5-88-004, 53 FR 9627, Mar. 23, 1988; CGD05-95-081, 61 FR 
57586, Nov. 7, 1996; CGD05-04-028, 69 FR 47773, Aug. 6, 2004; USCG-2011-
0591, 77 FR 14970, Mar. 14, 2012]



Sec.  117.255  Potomac River.

    (a) The draw of the Woodrow Wilson Memorial (I-95) bridge, mile 
103.8, between Alexandria, Virginia, and Oxon Hill, Maryland--
    (1) Shall open on signal at any time only for a vessel in distress, 
notwithstanding the provisions of Sec.  117.31.
    (2) Shall open for the passage of a commercial vessel at any time 
except:
    (i) From Monday through Friday (except Federal holidays), 5 a.m. to 
8 p.m.
    (ii) Saturday, Sunday, and Federal holidays, 2 p.m. to 7 p.m.
    (3) Need not open for the passage of a commercial vessel under 
paragraph (a)(2) of this section unless--
    (i) The owner or operator of the vessel provides the bridge tender 
with an estimate of the approximate time of that passage at least 12 
hours in advance at (703) 836-2396; and

[[Page 594]]

    (ii) the owner or operator of the vessel notifies the bridge tender 
at least 4 hours in advance of the requested time for that passage.
    (4) Shall open for the passage of a recreational vessel at any time 
except:
    (i) Monday through Friday (except Federal holidays), 5 a.m. to 12 
midnight;
    (ii) Saturday, Sunday, and Federal holidays, 7 a.m. to 12 midnight, 
except as provided in paragraph (a)(4)(iii) of this section;
    (iii) Notwithstanding paragraph (a)(4)(ii) of this section, the 
bridge may open beginning at 10 p.m. on Saturday, Sunday, or a Federal 
holiday for the passage of a recreational vessel if the owner or 
operator of the vessel notifies the Bridge Tender of the time of that 
passage by not later than 12 hours before that time.
    (5) Need not open for the passage of a recreational vessel under 
paragraph (a)(4) of this section unless--
    (i) The owner or operator of the vessel provides the bridge tender 
with an estimate of the approximate time of that passage at least 12 
hours in advance at (703) 836-2396; and
    (ii) the owner or operator of the vessel notifies the bridge tender 
at least 4 hours in advance of the requested time for that passage.
    (6) A recreational vessel may pass through the drawspan at any time 
it is open for the passage of a commercial vessel.
    (b) The draws of all other bridges need not be opened for the 
passage of vessels.
    (c) This section is also issued under the authority of Pub. L. 102-
587, 106 Stat. 5039.

[CGD 90-064, 57 FR 54178, Nov. 17, 1992, as amended byCGD05-06-083, 71 
FR 51480, Aug. 30, 2006; USCG-2001-10881, 71 FR 70310, Dec. 4, 2006; 72 
FR 50876, Sept. 5, 2007; USCG-2008-1216, 74 FR 31182, June 30, 2009]

                                 Florida



Sec.  117.258  Apalachicola River.

    (a) The draw of the Apalachicola and Northern Railroad Bridge, mile 
4.5 (GIWW mile 347.0 EHL), at Apalachicola, is maintained in the fully 
open-to-navigation position and untended. The bridge will not be 
returned to service until proper notification is published in the 
Federal Register.
    (b) The draw of the CSX Railroad Bridge, mile 105.9, at River 
Junction shall open on signal if at least eight hours notice is given.

[USCG-2012-0470, 77 FR 75556, Dec. 21, 2012]



Sec.  117.261  Atlantic Intracoastal Waterway from St. Marys River
to Key Largo.

    (a) General. Public vessels of the United States and tugs with tows 
must be passed through the drawspan of each drawbridge listed in this 
section at anytime.
    (b) McCormick Bridge, mile 747.5 at Jacksonville Beach. The draw 
shall open on signal; except that during April, May, October and 
November from 7 a.m. to 9 a.m. and 4:30 p.m. to 6:30 p.m. Monday through 
Friday except Federal holidays, the draw need open only on the hour and 
half hour. During April, May, October and November from 12 noon to 6 
p.m. Saturdays, Sundays and Federal holidays, the draw need open only on 
the hour and half hour.
    (c) [Reserved]
    (d) Bridge of Lions (SR A1A) bridge, mile 777.9 at St. Augustine. 
The draw shall open on signal; except that, from 7 a.m. to 6 p.m. the 
draw need open only on the hour and half-hour; however, the draw need 
not open at 8 a.m., 12 noon, and 5 p.m. Monday through Friday except 
Federal holidays. From 7 a.m. to 6 p.m. on Saturdays, Sundays and 
Federal holidays the draw need only open on the hour and half-hour.
    (e)-(f) [Reserved]
    (g) Memorial bridge, mile 830.6 at Daytona Beach. The draw shall 
open on signal; except that, from 7:45 a.m. to 8:45 a.m. and 4:45 p.m. 
to 5:45 p.m. Monday through Saturday except Federal holidays, the draw 
need open only at 8:15 a.m. and 5:15 p.m.
    (h) Coronado Beach bridge (SR 44), mile 845 at New Smyrna Beach. The 
Coronado Beach bridge (SR 44), mile 845, shall open on signal, except 
that from 7 a.m. until 7 p.m., each day of the week, the draw need only 
open on the hour, twenty minutes past the hour and forty minutes past 
the hour.
    (i) [Reserved]
    (j) NASA Railroad bridge, mile 876.6 at Kennedy Space Center.

[[Page 595]]

    (1) The draw is not constantly tended.
    (2) The draw is normally in the fully open position displaying 
flashing green lights to indicate that vessels may pass.
    (3) When a train approaches the bridge, it stops and the operator 
initiates a command to lower the bridge. The lights go to flashing red 
and the draw lowers and locks, providing scanning equipment reveals 
nothing under the draw. The draw remains down until a manual raise 
command is initiated, or will raise automatically 5 minutes after the 
intermediate track circuit is no longer occupied by a rail car.
    (4) After the train has cleared, the draw opens and the lights 
return to flashing green.
    (k) [Reserved]
    (l) John F. Kennedy Space Center bridge, mile 885 at Addison Point. 
The draw shall open on signal; except that, from 6:30 a.m. to 8 a.m. and 
3:30 p.m. to 5 p.m. Monday through Friday, except Federal holidays, the 
draw need not open.
    (m)-(n) [Reserved]
    (o) Jensen Beach (SR 707a) bridge, mile 981.4 at Stuart. The draw 
shall open on signal; except that from December 1 through May 1, from 7 
a.m. to 6 p.m., Monday through Friday, except federal holidays, the draw 
need open only on the hour and half-hour.
    (p) [Reserved]
    (q) Indiantown Road bridge, mile 1006.2. The draw shall open on the 
hour and half-hour.
    (r) Donald Ross bridge, mile 1009.3, at North Palm Beach. The draw 
shall open on the hour and half-hour.
    (s) PGA Boulevard bridge, mile 1012.6, at North Palm Beach. The draw 
shall open on the hour and half-hour.
    (t) Parker (US-1) bridge, mile 1013.7, at Riviera Beach. The draw 
shall open on the quarter and three-quarter hour.
    (u) Flagler Memorial (SR A1A) bridge, mile 1020.8, at Palm Beach. 
The draw shall open on the quarter and three-quarter hour.
    (v) Royal Park (SR 704) bridge, mile 1022.6, at Palm Beach. The draw 
shall open on the hour and half-hour.
    (w) Southern Boulevard (SR 700/80) bridge, mile 1024.7 at Palm 
Beach. The draw shall open on the quarter and three-quarter hour.
    (x) Ocean Avenue bridge, mile 1031.0, at Lantana. The draw shall 
open on the hour and half-hour.
    (y) Ocean Avenue bridge, mile 1035.0, at Boynton Beach. The draw 
shall open on the hour and half-hour.
    (z) [Reserved]
    (z-1) Atlantic Avenue (SR 806) bridge, mile 1039.6, at Delray Beach. 
The draw shall open on the quarter and three-quarter-hour.
    (z-2) Linton Boulevard bridge, mile 1041.1, at Delray Beach. The 
draw shall open on the hour and half-hour.
    (z-3) Spanish River bridge, mile 1044.9, at Boca Raton. The draw 
shall open on the hour and half-hour.
    (aa) Palmetto Park bridge, mile 1047.5, at Boca Raton. The draw 
shall open on the hour and half-hour.
    (aa-1) Boca Club, Camino Real bridge, mile 1048.2, at Boca Raton. 
The draw shall open on the hour, twenty minutes past the hour and forty 
minutes past the hour.
    (bb) Broward County. (1) Hillsboro Boulevard bridge (SR 810), mile 
1050.0 at Deerfield Beach. The draw shall open on the hour and half-
hour.
    (2) NE 14th Street bridge, mile 1055.0 at Pompano. The draw shall 
open on the quarter-hour and three-quarter hour.
    (3) Atlantic Boulevard (SR 814) bridge, mile 1056.0 at Pompano. The 
draw shall open on the hour and half-hour.
    (4) Commercial Boulevard (SR 870) bridge, mile 1059.0, at 
Lauderdale-by-the-Sea. The draw shall open on the hour and half-hour.
    (5) Oakland Park Boulevard bridge, mile 1060.5 at Fort Lauderdale. 
The draw shall open on the quarter-hour and three-quarter hour.
    (6) East Sunrise Boulevard (SR 838) bridge, mile 1062.6, at Fort 
Lauderdale. The draw shall open on the hour and half-hour. On the first 
weekend in May, the draw need not open from 4 p.m. to 6 p.m. on Saturday 
and Sunday, and, on the first Saturday in May, the draw need not open 
from 9:45 p.m. to 10:45 p.m.
    (7) East Las Olas bridge, mile 1064 at Fort Lauderdale. The draw 
shall open on the quarter-hour and three-quarter

[[Page 596]]

hour. On the first weekend in May, the draw need not open from 4 p.m. to 
6 p.m. on Saturday and Sunday, and, on the first Saturday in May, the 
draw need not open from 9:45 p.m. to 10:45 p.m.
    (8) SE 17th Street (Brooks Memorial) bridge, mile 1065.9 at Fort 
Lauderdale. The draw shall open on the hour and half-hour.
    (9) Dania Beach Boulevard bridge, mile 1069.4 at Dania Beach. The 
draw shall open on the hour and half-hour.
    (10) Sheridan Street bridge, mile 1070.5, at Fort Lauderdale. The 
draw shall open on the quarter-hour and three-quarter hour.
    (11) Hollywood Beach Boulevard (SR 820) bridge, mile 1072.2 at 
Hollywood. The draw shall open on the hour and half-hour.
    (12) Hallandale Beach Boulevard (SR 824) bridge, mile 1074.0 at 
Hallandale. The draw shall open on the quarter-hour and three-quarter 
hour.
    (cc)-(kk) [Reserved]
    (ll) N.E. 163rd Street (SR826) bridge, mile 1078.0 at Sunny Isles. 
The draw shall open on signal; except that, from 7 a.m. to 6 p.m. on 
Monday through Friday except Federal holidays, and from 10 a.m. to 6 
p.m. on Saturdays, Sundays, and Federal holidays, the draw need open 
only on the quarter-hour and three-quarter hour.
    (mm) Broad Causeway bridge, mile 1081.4 at Bay Harbor Islands. The 
draw shall open on signal; except that, from 8 a.m. to 6 p.m., the draw 
need open only on the quarter-hour and three-quarter hour.
    (mm-1) West 79th Street Bridge. The draw of the West 79th Street 
Bridge, at Miami, Florida will open on signal, except that from 7 a.m. 
to 7 p.m. Monday through Friday, except Federal holidays, the draw need 
only open on the hour and half hour.
    (nn) The Venetian Causeway Bridge (West), mile 1088.6, shall open on 
signal, except that from 7 a.m. to 7 p.m., Monday through Friday, except 
Federal holidays, the bridge need only open on the hour and half-hour.
    (oo) through (pp) [Reserved]
    (qq) Jewfish Creek, mile 1134, Key Largo. The draw shall open on 
signal; except that from 10 a.m. to sunset, Thursday through Sunday and 
federal holidays, the draw need open only on the hour and half hour.
    (rr)-(ss) [Reserved]

[CGD7-84-29, 50 FR 51248, Dec. 16, 1985]

    Editorial Note: For Federal Register citations affecting Sec.  
117.261, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec.  117.263  Banana River.

    (a) The draw of the Mathers (SR A-1-A) Bridge, mile 0.5 at Indian 
Harbor Beach, shall open on signal; except that, from 10 p.m. to 6 a.m. 
Monday through Friday except Federal holidays, the draw shall open on 
signal if at least two hours notice is given.
    (b) The draw of the NASA Causeway bridge, mile 27.6 at Cape 
Canaveral, shall open on signal if at least four hours notice is given 
to the NASA Security Office by telephone or in person.

[CGD 82-025, 49 FR 26721, June 29, 1984]



Sec.  117.267  Big Carlos Pass.

    The draw of the SR865 bridge, mile 0.0 between Estero Island and 
Black Island, shall open on signal; except that, the draw need not be 
opened from 7 p.m. to 8 a.m.



Sec.  117.268  Billy's Creek.

    The draw of the State Road 80 bridge at Fort Myers need not be 
opened for the passage of vessels; however, the draw shall be restored 
to operable condition within 6 months after notification by the District 
Commander to do so.

[CGD 07-98-009, 63 FR 67402, Dec. 7, 1998]



Sec.  117.269  Biscayne Bay.

    The Venetian Causeway Bridge (East) shall open on signal, except 
that from 7 a.m. to 7 p.m., Monday through Friday, except Federal 
holidays, the bridge need only open on the hour and half-hour.

[CGD07-06-050, 72 FR 18886, Apr. 16, 2007]



Sec.  117.271  Blackwater River.

    The draw of the CSX Transportation Railroad bridge, mile 2.8 at 
Milton, shall open on signal; except that, from 8 p.m. to 4 a.m., the 
draw shall open on

[[Page 597]]

signal if at least eight hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD8-86-06, 51 FR 
29101, Aug. 14, 1986; USCG-2001-10881, 71 FR 70310, Dec. 4, 2006]



Sec.  117.272  Boot Key Harbor.

    The draw of the Boot Key Harbor drawbridge, mile 0.13, between 
Marathon and Boot Key, will open as necessary on the hour between the 
hours of 7 a.m. to 7 p.m. At all other times, the bridge will open 
following a one hour notification to the bridge tender by calling the 
posted cell phone number. The draw shall open on demand and as soon as 
practicable for the passage of tugs with tows, public vessels of the 
United States and vessels whereby a delay would endanger life or 
property.

[CGD07-05-063, 71 FR 14806, Mar. 24, 2006]



Sec.  117.273  Canaveral Barge Canal.

    (a) The drawspan of the Christa McAuliffe Drawbridge, SR 3, mile 
1.0, across the Canaveral Barge Canal need only open daily for vessel 
traffic on the hour and half-hour from 6 a.m. to 10 p.m.; except that 
from 6:15 a.m. to 8:15 a.m. and from 3:10 p.m. to 5:59 p.m., Monday 
through Friday, except Federal holidays, the drawspan need not open. 
From 10:01 p.m. to 5:59 a.m., everyday, the drawspan must open on signal 
if at least 3 hours notice is given to the drawtender. The drawspan must 
open as soon as possible for the passage of public vessels of the United 
States and tugs with tows.
    (b) The drawspan of the SR401 Drawbridge, mile 5.5 at Port 
Canaveral, must open on signal; except that, from 6:30 a.m. to 8 a.m. 
and 3:30 p.m. to 5:15 p.m. Monday through Friday except Federal 
holidays, the drawspan need not be opened for the passage of vessels. 
From 10 p.m. to 6 a.m., the drawspan must open on signal if at least 
three hours notice is given. The drawspan must open as soon as possible 
for the passage of public vessels of the United States and tugs with 
tows.

[USCG-2001-10881, 71 FR 70310, Dec. 4, 2006]



Sec.  117.279  Coffeepot Bayou.

    The draw of the Snell Isle Boulevard bridge, mile 0.4 at St. 
Petersburg, need not be opened for the passage of vessels.



Sec.  117.283  Dunns Creek.

    The draw of the US17 bridge, mile 0.9 near Satsuma, shall open on 
signal if at least three hours notice is given.



Sec.  117.285  Grand Canal.

    (a) The draw of the Lansing Island bridge, mile 0.7, shall open on 
signal, except that during the evening hours from 10 p.m. to 6 a.m. from 
Sunday evening until Friday morning, except on evenings preceding a 
Federal holiday, the draw shall open on signal if at least 2 hours 
notice is given.
    (b) The draw of the Tortoise Island bridge, mile 2.6, shall open on 
signal; except that from 10 p.m. to 6 a.m. from Sunday evening through 
Friday morning, the draw shall open on signal if at least 2 hours 
advance notice is given. From 10 p.m. to 6 a.m. on Friday and Saturday 
and on evenings immediately preceding Federal holidays, the draw shall 
open on signal if at least 30 minutes advance notice is given.

[CGD7-92-113, 58 FR 31474, June 3, 1993, as amended by CGD07-98-048, 64 
FR 30391, June 8, 1999]



Sec.  117.287  Gulf Intracoastal Waterway.

    (a) Public vessels of the United States and tugs with tows must be 
passed through the drawspan of each drawbridge listed in this section at 
anytime.
    (a-1) The draw of the Boca Grande Swingbridge, mile 34.3, shall open 
on signal; except that, from 7 a.m. to 6 p.m., Monday through Friday, 
except Federal holidays, the draw need open only on the hour and half 
hour. On Saturday, Sunday and Federal holidays, from 7 a.m. to 6 p.m., 
the draw need open only on the hour, quarter hour, half hour and three 
quarter hour.
    (a-2) The draw of the Venice Avenue bridge, mile 56.6 at Venice, 
shall open on signal, except that from 7 a.m. to 4:30 p.m., Monday 
through Friday except Federal holidays, the draw need open only at 10 
minutes after the hour,

[[Page 598]]

30 minutes after the hour and 50 minutes after the hour and except 
between 4:35 p.m. and 5:35 p.m. when the draw need not open.
    (b) The draw of the Hatchett Creek (US-41) bridge, mile 56.9 at 
Venice, shall open on signal, except that, from 7 a.m. to 4:20 p.m., 
Monday through Friday except Federal holidays, the draw need open only 
on the hour, 20 minutes after the hour, and 40 minutes after the hour 
and except between 4:25 p.m. and 5:25 p.m. when the draw need not open. 
On Saturdays, Sundays, and Federal holidays from 7:30 a.m. to 6 p.m. the 
draw need open only on the hour, quarter-hour, half-hour, and three 
quarter-hour. This bridge need not open to navigation on the second 
Sunday of November annually, from 9 a.m. to 5 p.m., to facilitate the 
Iron Man Triathlon event.
    (c) The draw of the Siesta Drive Bridge, mile 71.6 at Sarasota, 
Florida shall open on signal, except that from 7 a.m. to 6 p.m., Monday 
through Friday, except Federal holidays, the draw need open only on the 
hour, twenty minutes past the hour and forty minutes past the hour. On 
weekends and Federal holidays, from 11 a.m. to 6 p.m., the draw need 
open only on the hour, twenty minutes past the hour and forty minutes 
past the hour.
    (d)(1) Cortez (SR 684) Bridge, mile 87.4. The draw shall open on 
signal, except that from 6 a.m. to 7 p.m., the draw need only open on 
the hour, 20 minutes after the hour, and 40 minutes after the hour. From 
January 15 to May 15, from 6 a.m. to 7 p.m., the draw need only open on 
the hour and half hour.
    (2) Anna Maria (SR 64) (Manatee Avenue West) Bridge, mile 89.2. The 
draw shall open on signal, except that from 6 a.m. to 7 p.m., the draw 
need only open on the hour, 20 minutes after the hour, and 40 minutes 
after the hour. From January 15 to May 15, from 6 a.m. to 7 p.m., the 
draw need only open on the hour and half hour.
    (3) [Reserved]
    (4) Pinellas Bayway Structure ``E'' (SR 679) bridge, mile 113.0 at 
St. Petersburg Beach. The draw shall open on signal, except that from 7 
a.m. to 9 p.m. the draw need open only on the hour and 30 minutes past 
the hour.
    (e) [Reserved]
    (f) The draw of the Corey Causeway (SR693) bridge, mile 117.7 at 
South Pasadena, shall open on signal; except that, from 8 a.m. to 7 p.m. 
Monday through Friday, and 10 a.m. to 7 p.m. Saturdays, Sundays, and 
Federal holidays, the draw need be opened only on the hour, 20 minutes 
after the hour, and 40 minutes after the hour.
    (g) The draw of the Treasure Island Causeway bridge, mile 119.0 
shall open on signal except that from 7 a.m. to 7 p.m. the draw need 
open on the hour, 20 minutes after the hour and 40 minutes after the 
hour Monday through Friday and on the quarter hour and three quarter 
hour on Saturday, Sunday and Federal holidays.
    (h) The draw of the Welch Causeway (SR699) bridge, mile 122.8 at 
Madiera Beach, shall open on signal; except that, from 9:30 a.m. to 6 
p.m. on Saturdays, Sundays, and Federal holidays, the draw need be 
opened only on the hour, 20 minutes after the hour, and 40 minutes after 
the hour.
    (i) The draw of the Belleair Beach Drawbridge, mile 131.8, 
Clearwater, FL shall open on signal, except that from 7 a.m. to 7 p.m., 
the bridge shall open on the hour and half-hour.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984]

    Editorial Note: For Federal Register citations affecting Sec.  
117.287, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec.  117.289  Hillsboro Inlet.

    The drawspans of the SR A-1-A Drawbridge, mile 0.3 at Hillsboro 
Beach, must open on signal; except that, from 7 a.m. to 6 p.m., the 
drawspans need be opened only on the hour, quarter hour, half hour, and 
three quarter hour. Public vessels of the United States and tugs with 
tows must be passed at anytime.

[USCG-2001-10881, 71 FR 70310, Dec. 4, 2006]



Sec.  117.291  Hillsborough River.

    (a) The drawspans for the drawbridges at Platt Street, mile 0.0, 
Brorein Street, mile 0.16, Kennedy Boulevard, mile 0.4, Cass Street, 
mile 0.7, Laurel Street, mile 1.0, West Columbus Drive, mile 2.3, and 
West Hillsborough

[[Page 599]]

Avenue, mile 4.8, must open on signal if at least two hours notice is 
given; except that, the drawspan must open on signal as soon as possible 
for public vessels of the United States.
    (b) The draw of the CSX Railroad Bridge across the Hillsborough 
River, mile 0.7, at Tampa, operates as follows:
    (1) The bridge is not tended.
    (2) The draw is normally in the fully open position, displaying 
green lights to indicate that vessels may pass.
    (3) As a train approaches, provided the marine traffic detection 
laser scanners do not detect a vessel under the draw, the lights change 
to flashing red and a horn continuously sounds while the draw closes. 
The draw remains closed until the train passes.
    (4) After the train clears the bridge, the lights continue to flash 
red and the horn again continuously sounds while the draw opens, until 
the draw is fully open and the lights return to green.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984, as 
amended by CGD7-92-56, 58 FR 15420, Mar. 23, 1993; CGD07-04-148, 70 FR 
43766, July 29, 2005; USCG-2001-10881, 71 FR 70310, Dec. 4, 2006]



Sec.  117.293  Indian Creek.

    The draw of the 63rd Street Bridge, Indian Creek mile 4.0, at Miami 
Beach, shall open on signal except as follows:
    (a) From 7 a.m. to 7 p.m., Monday through Friday except Federal 
holidays, the draw need open only on the hour and half-hour.
    (b) From 7:10 a.m. to 9:55 a.m. and 4:05 p.m. to 6:59 p.m., Monday 
through Friday except Federal holidays, the draw need not open for the 
passage of vessels.
    (c) In February of each year during the period seven days prior to 
the City of Miami Beach Yacht and Brokerage Show and the four days 
following the show, from 10 a.m. to 4 p.m., the bridge need not open 
except for 10 minutes at the top of the hour. At all other times the 
bridge shall operate on its normal schedule.

[USCG-2015-0940, 81 FR 36800, June 8, 2016]



Sec.  117.295  Kissimmee River.

    The draw of the DSX Railroad bridge, mile 37.0, near Fort Basinger, 
shall open if at least 96 hours notice is given.

[CGD07-93-091, 59 FR 21932, Apr. 28, 1994]



Sec.  117.297  Little Manatee River.

    The draw of the Seaboard System Railroad bridge, mile 2.4 at Ruskin, 
shall open on signal if at least three hours notice is given.



Sec.  117.299  Loxahatchee River.

    The draw of the Florida East Coast Railway bridge across the 
Loxahatchee River, mile 1.2 at Jupiter, operates as follows:
    (a) The bridge is not constantly tended.
    (b) The draw is normally in the fully open position, displaying 
flashing green lights to indicate that vessels may pass.
    (c) When a train approaches, the lights go to flashing red and a 
horn starts four blasts, pauses, and then continues four blasts. After 
an eight minute delay, the draw lowers and locks, providing the scanning 
equipment reveals nothing under the draw. The draw remains down for a 
period of eight minutes or while the approach track circuit is occupied.
    (d) After the train has cleared, the draw opens and the lights 
return to flashing green.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984; 
Redesignated by CGD07-04-015, 69 FR 42874, July 19, 2004]



Sec.  117.300  Manatee River.

    The draw of the CSX Railroad Bridge across the Manatee River, mile 
4.5 Bradenton, operates as follows:
    (a) The bridge is not tended.
    (b) The draw is normally in the fully open position, displaying 
green lights to indicate that vessels may pass.
    (c) As a train approaches, provided the scanners do not detect a 
vessel under the draw, the lights change to flashing red and a horn 
continuously sounds while the draw closes. The draw remains closed until 
the train passes.
    (d) After the train clears the bridge, the lights continue to flash 
red and the horn again continuously sounds while

[[Page 600]]

the draw opens, until the draw is fully open and the lights return to 
green.

[CGD07-04-015, 69 FR 42874, July 19, 2004]



Sec.  117.301  Massalina Bayou.

    The draw of the Tarpon Dock bascule span bridge, Massalina Bayou, 
mile 0.0 at Panama City, shall open on signal; except that from 9 p.m. 
until 11 p.m. on July 4, each year, the draw need not open for the 
passage of vessels. The draw will open at any time for a vessel in 
distress.

[66 FR 36467, July 12, 2001]



Sec.  117.303  Matlacha Pass.

    The draw of the SR78 bridge, mile 6.0 at Fort Myers, shall open on 
signal from 8 a.m. to 10 a.m. and from 3 p.m. to 7 p.m. Monday through 
Saturday. On Sundays the draw shall open on signal from 7 a.m. to 10 
a.m. and from 3 p.m. to 7 p.m. At all other times, the draw need not be 
opened for the passage of vessels.

[CGD7-92-74, 57 FR 58711, Dec. 11, 1992]



Sec.  117.304  Miami Beach Channel.

    The draw of the East 79th Street Bridge, at Miami, Florida will open 
on signal, except that from 7 a.m. to 7 p.m. Monday through Friday, 
except Federal holidays, the draw need only open on the hour and half 
hour.

[USCG-2015-0768, 82 FR 18992, Apr. 25, 2017]



Sec.  117.305  Miami River.

    (a) General. Public vessels of the United States, tugs, tugs with 
tows, and vessels in a situation where a delay would endanger life or 
property shall, upon proper signal, be passed through the draw of each 
bridge listed in this section at any time.
    (b) The draws of the S.W. First Street Bridge, mile 0.9, up to and 
including the N.W. 27th Avenue Bridge, mile 3.7 at Miami, shall open on 
signal; except that, from 7:35 a.m. to 8:59 a.m. and 4:45 p.m. to 5:59 
p.m., Monday through Friday, except Federal holidays, the draws need not 
open for the passage of vessels.
    (c) The draws of the Miami Avenue Bridge, mile 0.3, and the S.W. 
Second Avenue Bridge, mile 0.5, at Miami, shall open on signal; except 
that, from 7:35 a.m. to 8:59 a.m., 12:05 p.m. to 12:59 p.m. and 4:35 
p.m. to 5:59 p.m., Monday through Friday, except Federal holidays, the 
draws need not open for the passage of vessels.
    (d) The draw of the Brickell Avenue Bridge, mile 0.1, at Miami, 
shall open on signal; except that, from 7 a.m. to 7 p.m., Monday through 
Friday except Federal holidays, the draw need open only on the hour and 
half-hour. From 7:35 a.m. to 8:59 a.m., 12:05 p.m. to 12:59 p.m. and 
4:35 p.m. to 5:59 p.m., Monday through Friday except Federal holidays, 
the draw need not open for the passage of vessels.

[CGD07-03-118, 69 FR 7688, Feb. 19, 2004]



Sec.  117.307  Miami River, North Fork.

    The draw of the FDOT Railroad Bridge, mile 5.3 at Miami, shall open 
on signal if at least 48-hour notice is given to CSX System Operating 
Headquarters (800) 232-0144.

[CGD07-03-088, 69 FR 9549, Mar. 1, 2004]



Sec.  117.309  Nassau Sound.

    The draw of the Fernandina Port Authority (SR A-1-A) bridge, mile 
0.4 between Amelia Island and Talbot Island, shall open on signal from 6 
a.m. to 6 p.m. if at least six hours notice is given. The draw need not 
be opened from 6 p.m. to 6 a.m.



Sec.  117.311  New Pass.

    The drawspan for the State Road 789 Drawbridge, mile 0.05, at 
Sarasota, need only open on the hour, twenty minutes past the hour, and 
forty minutes past the hour from 7 a.m. to 6 p.m. From 6 p.m. to 7 a.m., 
the drawspan must open on signal if at least 3 hours notice is given to 
the drawtender. Public vessels of the United States and tugs with tows 
must be passed at anytime.

[USCG-2001-10881, 71 FR 70310, Dec. 4, 2006]



Sec.  117.313  New River.

    (a) The draw of the SE. Third Avenue bridge, mile 1.4 at Fort 
Lauderdale shall open on signal; except that, from 7:30 a.m. to 9 a.m. 
and 4:30 p.m. to 6 p.m., Monday through Friday, except Federal holidays, 
the draw need not open. Public vessels of the United

[[Page 601]]

States, tugs with tows, and vessels in distress shall be passed at any 
time.
    (b) The draw of the Andrews Avenue bridge, mile 2.3 at Fort 
Lauderdale, shall open on signal; except that, from 7:30 a.m. to 9 a.m. 
and 4:30 p.m. to 6 p.m., Monday through Friday, except Federal holidays, 
the draw need not open. The draw need not open for inbound vessels when 
the draw of the Florida East Coast Railroad bridge, mile 2.5 at Fort 
Lauderdale is in the closed position for the passage of a train. Public 
vessels of the United States, tugs with tows, and vessels in distress 
shall be passed at any time.
    (c) The following requirements apply to the Florida East Coast 
Railway Railroad Bridge across the New River, mile 2.5, at Fort 
Lauderdale, FL:
    (1) The bridge shall be constantly tended.
    (2) The bridge tender will utilize a VHF-FM radio to communicate on 
channels 9 and 16 and may be contacted by telephone at 305-889-5572.
    (3) Signs will be posted displaying VHF radio contact information 
and telephone numbers for the bridge tender and dispatch. A countdown 
clock giving notice of time remaining before bridge closure shall remain 
at the bridge site and must be visible for maritime traffic.
    (4) A bridge log will be maintained including, at a minimum, bridge 
opening and closing times.
    (5) When the draw is in the fully open position, green lights will 
be displayed to indicate that vessels may pass.
    (6) When a train approaches, the lights go to flashing red then the 
draw lowers and locks.
    (7) After the train has cleared the bridge, the draw opens and the 
lights return to green.
    (8) The bridge shall not be closed more than 60 minutes combined for 
any 120 minute time period beginning at 12:01 a.m. each day.
    (9) The bridge shall remain open to maritime traffic when trains are 
not crossing.
    (d) [Reserved]
    (e) The draw of the Marshal (Seventh Avenue) bridge, mile 2.7 at 
Fort Lauderdale shall open on signal; except that, from 7:30 a.m. to 9 
a.m. and 4:30 p.m. to 6 p.m., Monday through Friday, except Federal 
holidays, the draw need not open. Public vessels of the United States, 
tugs with tows, and vessels in distress shall be passed at any time.

[CGD07-06-019, 71 FR 65413, Nov. 8, 2006, as amended by USCG-2001-10881, 
72 FR 7351, Feb. 15, 2007; USCG-2015-0271, 81 FR 65547, Sept. 23, 2016]



Sec.  117.315  New River, South Fork.

    (a) The draw of the Davie Boulevard (SW. Twelfth Street) bridge, 
mile 0.9 at Fort Lauderdale shall open on signal; except that, from 7:30 
a.m. to 9 a.m. and 4:30 p.m. to 6 p.m., Monday through Friday, except 
Federal holidays, the draw need not open. Public vessels of the United 
States, tugs with tows, and vessels in distress shall be passed at any 
time.
    (b) The drawspan for the SR84 Drawbridge, mile 4.4 at Fort 
Lauderdale, must open on signal if at least 24 hours notice is given. 
Public vessels of the United States and tugs with tows must be passed 
through the draw as soon as possible.

[USCG-2001-10881, 71 FR 70310, Dec. 4, 2006; 72 FR 7351, Feb. 15, 2007]



Sec.  117.317  Okeechobee Waterway.

    (a) Exempt vessels. This term means public vessels of the United 
States and tugs with tows.
    (b) Evans Crary (SR A1A) bridge, mile 3.4 at Stuart. The draw shall 
open on signal; except that from December 1 through May 1, from 7 a.m. 
to 6 p.m., Monday through Friday, except federal holidays, the draw need 
open only on the hour and half-hour. On Saturdays, Sundays, and federal 
holidays, December 1 through May 1, from 8 a.m. to 6 p.m., the draw need 
open only on the hour, 20 minutes after the hour, and 40 minutes after 
the hour. Exempt vessels shall be passed at any time.
    (c) Florida East Coast Railroad bridge, mile 7.4 at Stuart. The draw 
shall operate as follows:
    (1) The bridge is not constantly tended.
    (2) The draw is normally in the fully open position, displaying 
flashing green lights to indicate that vessels may pass.
    (3) When a train approaches the bridge, the navigation lights go to 
flashing red and a horn sounds four

[[Page 602]]

blasts, pauses, and then repeats four blasts. After an eight minute 
delay, the draw lowers and locks, providing the scanning equipment 
reveals nothing under the draw. The draw remains down for a period of 
eight minutes or while the approach track circuit is occupied.
    (4) After the train has cleared, the draw opens and the lights 
return to flashing green.
    (d) Roosevelt (US1) bridge, mile 7.4 at Stuart. The draw shall open 
on signal; except Monday through Friday, except Federal holidays, from 7 
a.m. to 6 p.m. the draw need open only on the hour and half hour. 
However, the draw need not open between 7:30 a.m. and 9 a.m. and 4 p.m. 
and 5:30 p.m. except at 8:15 a.m. and 4:45 p.m. On Saturdays, Sundays, 
and federal holidays from 8 a.m. to 6 p.m. the draw need open only on 
the hour, 20 minutes after the hour, and 40 minutes after the hour. When 
the adjacent railway bridge is in the closed position at the time of a 
scheduled opening the draw need not open, but it must then open 
immediately upon opening of the railroad bridge to pass all accumulated 
vessels. Exempt vessels shall be passed at any time.
    (e) Seaboard System Railroad bridge, mile 28.2 at Indiantown. The 
draw shall open on signal; except that, from 10 p.m. to 6 a.m. the draw 
shall open on signal if at least three hours notice is given.
    (f) Florida East Coast Railroad bridge, mile 38.0, at Port Mayaca.
    (1) The bridge is not constantly tended.
    (2) The draw is normally in the fully open position displaying 
flashing green lights to indicate that vessels may pass.
    (3) When a train approaches the bridge it will stop and a crewmember 
will observe the waterway for approaching vessels, which will be allowed 
to pass. Upon manual signal, the bridge lights will go to flashing red, 
and the horn will sound four blasts, pause, then repeat four blasts, 
then the draw will lower and lock, providing scanning equipment reveals 
nothing under the span.
    (4) After the train has cleared, the draw will open, and the lights 
will return to flashing green.
    (g) Belle Glade Dike (SR 71) bridge, mile 60.7 between Torry Island 
and Lake Shore. The draw shall open on signal from 7 a.m. to 6 p.m. 
Monday through Thursday, and from 7 a.m. to 7 p.m. Friday through 
Sunday. At all other times, the draw need not be opened for the passage 
of vessels.
    (h) Seaboard System Railroad bridge, mile 78.3 at Moore Haven. The 
draw shall open on signal; except that, from 10 p.m. to 6 a.m. the draw 
need not be opened for the passage of vessels.
    (i) Highway bridges at Moore Haven (mile 78.4) La Belle (mile 
103.0), Denaud (mile 108.2), Alva (mile 116.0), and Olga (mile 126.3). 
The draws shall open on signal; except that, from 10 p.m. to 6 a.m. the 
draws shall open on signal if at least three hours notice is given.
    (j) Sanibel Causeway bridge, mile 151 at Punta Rassa. The draw shall 
open on signal, except that from 7 a.m. until 6 p.m. Monday through 
Friday, except Federal holidays, the draw need only open on the hour and 
half hour. On Saturday, Sunday, and Federal holidays the draw shall open 
on signal, except that from 7 a.m. until 6 p.m., the draw need only open 
on the hour, quarter hour, half hour and three-quarter hour. From 10 
p.m. until 6 a.m. daily, the draw shall open on signal if at least five 
minutes advance notice is given to the bridge tender.
    (k) Caloosahatchee River Bridge (SR 29), Mile 103, Labelle, Florida. 
The Caloosahatchee River bridge (SR 29), mile 103, shall open on signal, 
except that from 7 a.m. to 9 a.m. and from 4 p.m. to 6 p.m., Monday 
through Friday, except Federal holidays, the bridge need not open. 
Exempt vessels shall be passed at any time.

[CGD7 85-50, 51 FR 12319, Apr. 10, 1986]

    Editorial Note: For Federal Register citations affecting Sec.  
117.317, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec.  117.319  Oklawaha River.

    (a) The draw of the Sharpes Ferry (SR 40) bridge, mile 55.1 shall 
open on signal if at least three hours notice is given.
    (b) The draw of the Moss Bluff (SR 464) bridge, mile 66.0, need not 
open for the passage of vessels.

[[Page 603]]

    (c) The draw of the Muclan Farms bridge, mile 63.9, need not open 
for the passage of vessels.

[CGD7-85-15, 50 FR 29672, July 22, 1985, as amended by CGD7-87-49, 52 FR 
42649, Nov. 6, 1987; CGD07-02-008, 67 FR 50351, Aug. 2, 2002]



Sec.  117.323  Outer Clam Bay.

    The drawspan of the Outer Clam Bay Boardwalk Drawbridge shall open 
on signal if at least 30 minutes advance notice is given.

[CGD07-06-237, 72 FR 11777, Mar. 14, 2007]



Sec.  117.324  Rice Creek.

    The CSX Railroad Swingbridge, mile 0.8, in Putnam County, shall open 
on signal from 8 a.m. to 4 p.m., daily. From 4:01 p.m. to 7:59 a.m., 
daily, the bridge shall open with a 24-hour advance notice to CSX at 1-
800-232-0142.

[CGD07-03-094, 69 FR 1919, Jan. 13, 2004]



Sec.  117.325  St. Johns River.

    (a) The drawspan for the Main Street (1/SR 90) drawbridge, mile 
24.7, at Jacksonville, must open on signal except that, from 7 a.m. to 
8:30 a.m. and from 4:30 p.m. to 6 p.m., Monday through Saturday except 
Federal holidays, the drawspan need not be opened for the passage of 
vessels.
    (b) The draw of the Florida East Coast automated railroad bridge, 
mile 24.9, shall operate as follows:
    (1) The bridge shall be constantly tended and have a mechanical 
override capability for the automated operation. A radiotelephone shall 
be maintained at the bridge for the safety of navigation.
    (2) The draw is normally in the fully open position, displaying 
flashing green lights to indicate that vessels may pass.
    (3) When a train approaches, large signs on both the upstream and 
downstream sides of the bridge flash ``Bridge Coming Down,'' the lights 
go to flashing red, and siren signals sound. After an eight minute 
delay, the draw lowers and locks if there are no vessels under the draw. 
The draw remains down for a period of eight minutes or while the 
approach track circuit is occupied.
    (4) After the train has cleared, the draw opens and the lights 
return to flashing green.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD7-90-76, 55 FR 
47753, Nov. 15, 1990; CGD07-96-069, 62 FR 15843, Apr. 3, 1997; CGD07-05-
009, 70 FR 18991, Apr. 12, 2005; USCG-2001-10881, 71 FR 70310, Dec. 4, 
2006; USCG-2012-0306, 77 FR 37314, June 21, 2012]



Sec.  117.329  St. Marys River.

    The draws of US17 bridge, mile 23.0, and the Seaboard System 
Railroad bridge, mile 23.1, both at Kingsland, shall open on signal if 
at least 48 hours notice is given.



Sec.  117.331  Snake Creek.

    The draw of the Snake Creek Bridge, at Islamorada, Florida, will 
open on signal, except that from 7 a.m. to 6 p.m., the draw need open 
only on the hour.

[USCG-2015-0046, 81 FR 28728, May 10, 2016]



Sec.  117.333  Suwannee River.

    The draw of Suwannee River bridge, mile 35 at Old Town need not be 
opened for the passage of vessels, however, the draw shall be restored 
to operable condition within 6 months after notification by the District 
Commander to do so.

[CGD07-98-054, 64 FR 55419, Oct. 13, 1999]



Sec.  117.335  Taylor Creek.

    The draw of US441 bridge, mile 0.3 at Okeechobee, shall open on 
signal if at least two hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984]



Sec.  117.337  Trout River.

    The draw of the CSX Railroad Bridge across the Trout River, mile 0.9 
at Jacksonville, operates as follows:
    (a) The bridge is not tended.
    (b) The draw is normally in the fully open position, displaying 
green lights to indicate that vessels may pass.
    (c) As a train approaches, provided the scanners do not detect a 
vessel under the draw, the lights change to flashing red and a horn 
continuously sounds while the draw closes. The draw remains closed until 
the train passes.
    (d) After the train clears the bridge, the lights continue to flash 
red and the

[[Page 604]]

horn again continuously sounds while the draw opens, until the draw is 
fully open and the lights return to green.

[USCG-2009-0249, 75 FR 24402, May 5, 2010]



Sec.  117.341  Whitcomb Bayou.

    The draw of the Beckett Bridge, mile 0.5, at Tarpon Springs, Florida 
shall open on signal if at least two hours notice is given.

[CGD7-87-60, 53 FR 3206, Feb. 4, 1988]

                                 Georgia



Sec.  117.351  Altamaha River.

    (a) The draws of all bridges, except the Seaboard System Railroad 
bridge, mile 59.4 at Doctortown, shall open on signal if at least 24 
hours notice is given.
    (b) The draw of the Seaboard System Railroad bridge, mile 59.4 at 
Doctortown, shall open on signal if at least seven days notice is given.



Sec.  117.353  Atlantic Intracoastal Waterway, Savannah River to
St. Marys River.

    (a) General. Public vessels of the United States and tugs with tows 
must, upon proper signal, be passed through the drawspan of each 
drawbridge in this section at anytime.
    (b) Causton Bluff, SR 26, mile 579.9 near Causton Bluff. The draw 
shall open on signal, except that from 6:30 a.m. to 9 a.m. and 4:30 p.m. 
to 6:30 p.m. Monday through Friday, except Federal holidays the draw 
need open only at 7 a.m., 8 a.m. and 5:30 p.m.
    (c) Skidaway Bridge, SR 204, mile 592.9 near Savannah. The draw will 
open as necessary on the hour from 7 a.m. to 9 a.m. (7, 8, and 9 a.m.) 
and on the half-hour between 4:30 p.m. to 6.30 p.m. (4:30, 5:30, and 
6:30 p.m.), daily; Monday through Friday except Federal holidays. The 
draw shall open at any time for Public vessels of the United States, 
tugs with tows, and vessels in distress. At all other times, the draw 
will open on signal.

[CGD7 84-29, 50 FR 51249, Dec. 16, 1985, as amended by CGD7-87-12, 52 FR 
42647, Nov. 6, 1987; CGD7-87-76, 53 FR 2035, Jan. 26, 1988; CGD07-04-
124, 70 FR 50974, Aug. 29, 2005; CGD07-04-124, 71 FR 16491, Apr. 3, 
2006; USCG-2001-10881, 71 FR 70311, Dec. 4, 2006]



Sec.  117.359  Chattahoochee River.

    See Sec.  117.107, Chattahoochee River, listed under Alabama.

[CGD 92-015, 57 FR 37880, Aug. 21, 1992]



Sec.  117.361  Flint River.

    The draws of the CSX Transportation Railroad bridges, miles 28.0 and 
28.7, both at Bainbridge, shall open on signal if at least 15 days 
notice is given.



Sec.  117.363  Ocmulgee River.

    The draws of each bridge shall open on signal if at least 24 hours 
notice is given.



Sec.  117.365  Oconee River.

    The draw of the SR46 bridge, mile 44.3 near Soperton, shall open on 
signal if at least 24 hours notice is given.



Sec.  117.367  Ogeechee River.

    (a) The draw of the Seaboard System Railroad bridge, mile 30.7 at 
Richmond Hill, shall open on signal if at least 15 days notice is given.
    (b) The draw of the highway bridge, mile 37.8 near Richmond Hill, 
need not be opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984]



Sec.  117.369  Satilla River.

    The draw of the Seaboard System Railroad bridge, mile 25.7 at 
Woodbine, shall open on signal if at least 24 hours notice is given.



Sec.  117.371  Savannah River.

    (a) The draw of the Houlihan bridge (US 17) mile 21.6 at Savannah 
shall open on signal if at least three hours advance notice is given to 
the Georgia Department of Transportation Area Engineer in Savannah.
    (b) The draw of the Seaboard System Railroad bridge, mile 27.4 near 
Hardeeville, South Carolina shall open on a signal if at least three 
hours advance notice is given. VHF radiotelephone communications will be 
maintained at the railroad's chief dispatcher's office in Savannah.
    (c) The draw of the CSX Transportation railroad bridge, mile 60.9, 
near Clyo, Georgia, shall open on signal if at least 48 hours advance 
notice is given.

[[Page 605]]

Openings can be arranged by contacting CSX Transportation on Channel 16 
VHF or by telephone at 1 800 232-0146. VHF radiotelephone communications 
will be maintained at the dispatcher's office in Savannah, Georgia.
    (d) The draw of the Seaboard System Railroad bridge, mile 195.4 near 
Augusta, shall open on signal if at least three hours notice is given.

[CGD7-84-21, 49 FR 43955, Nov. 1, 1984, as amended by CGD7-84-01, 50 FR 
25073, June 17, 1985; CGD7-87-45, 53 FR 4394, Feb. 16, 1988; CGD7-90-08, 
56 FR 16008, Apr. 19, 1991]



Sec.  117.373  St. Marys River.

    See Sec.  117.329, St. Marys River, listed under Florida.

[CGD 92-015, 57 FR 37880, Aug. 21, 1992]

                                  Idaho



Sec.  117.381  Clearwater River.

    The draws of the Camas Prairie railroad bridge, mile 0.6 at 
Lewiston, shall open on signal if at least three hours notice is given 
to the Camas Prairie Railroad in Lewiston.

[CGD 82--025, 49 FR 17452, Apr. 24, 1984, as amended by USCG-2000-7223, 
65 FR 40056, June 29, 2000]



Sec.  117.383  Pend Oreille River.

    The draw of the Burlington Northern Santa Fe railroad bridge, mile 
111.3 near Sand-point, need not be opened for the passage of vessels.



Sec.  117.385  Snake River.

    The drawspan of the U.S. 12 bridge, mile 140.0, between Lewiston, 
Idaho, and Clarkston, Washington, operates as follows:
    (a) The draw need not open for the passage of vessels except at 
these hours:
    (1) From March 15 through November 15 at 6 a.m., 10 a.m., 3 p.m., 7 
p.m., and 9 p.m.
    (2) From November 16 through March 14 at 9 a.m., 10 a.m., 2 p.m., 
and 3 p.m.
    (b) Requests for openings shall be given to the Washington State 
Department of Transportation.
    (1) Monday through Thursday of every week, except holidays, the draw 
shall open if at least two hours notice is given.
    (2) Friday through Sunday of every week, except holidays, the draw 
shall open if notice is given by 5 p.m. of the preceding Wednesday.
    (3) The draw shall open on holidays if notice is given by 5 p.m. two 
workdays, excluding Friday, preceding the holiday.
    (4) The draw shall open at any time for the passage of vessels 
engaged in an emergency.

[CGD13-92-01, 57 FR 38608, Aug. 26, 1992]

                                Illinois



Sec.  117.389  Calumet River.

    The draws of the Norfolk Southern railroad bridges, miles 1.32 and 
1.36 at Chicago, operate as follows:
    (a) The draws shall open on signal; except that, if either one of 
the bridges is inoperable because of equipment breakdown, the other 
bridge need not be opened.
    (b) In addition to the signals prescribed in Sec.  117.15, the 
following special visual signals shall be used on the bridges:
    (1) When the draw cannot be opened immediately, or is open and must 
be closed promptly, two red lights are flashed alternately.
    (2) When the draw can be opened immediately, two amber lights are 
flashed alternately.
    (3) When the draw is open for passage, two green lights are flashed 
alternately.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by USCG-2005-21531, 
70 FR 36349, June 23, 2005]



Sec.  117.391  Chicago River.

    The draws of the bridges operated by the City of Chicago over the 
Main Branch of Chicago River, the bridges on the North Branch of Chicago 
River from the Main Branch to North Halsted Street, mile 2.65, and 
bridges on the South Branch of Chicago River from the Main Branch to 
South Ashland Avenue, mile 4.47, shall operate as follows:
    (a) For commercial vessels, all bridges shall open on signal if at 
least 12-hours advance notice is provided to the Chicago City Bridge 
Desk prior to the intended time of passage; except

[[Page 606]]

that, from Monday through Friday between the hours of 7 a.m. and 9:30 
a.m., and between the hours of 4 p.m. and 6:30 p.m., except for Federal 
holidays, the draws need not open for the passage of vessels.
    (b) For recreational vessels:
    (1) From April 1 through November 30--
    (i) The draws shall be scheduled to open, before 1 p.m., twice on 
Saturdays and twice on Sundays if requests for passage have been 
received at least 20 hours in advance. If the bridges have been 
authorized to remain closed for portions of a Saturday or Sunday to 
accommodate special events, openings shall be scheduled after 1 p.m. as 
necessary to provide two openings per day.
    (ii) The draws shall open on Monday and Friday, after 6:30 p.m. Each 
opening requires notice that has been given at least 6 hours in advance 
of a vessel's requested time of passage.
    (iii) The draws shall open on Wednesdays at 10 a.m., or as soon 
thereafter as practical, if a request for passage has been given at 
least 20 hours in advance.
    (iv) The draws shall open at times in addition to those listed in 
paragraphs (b)(1)(i) through (b)(1)(iii) of this section, after notice 
has been given at least 20 hours in advance requesting passage for a 
flotilla of at least five vessels. However, the bridges need not open 
Monday through Friday from 7 a.m. to 9:30 a.m., and 4 p.m. to 6:30 p.m., 
except for Federal holidays.
    (2) From December 1 through March 31, the draws shall open on signal 
if at least 48 hours notice is given. However, the bridges need not open 
Monday through Friday from 7 a.m. to 9:30 a.m., and 4 p.m. to 6:30 p.m., 
except for Federal holidays.
    (c) The following bridges need not be opened for the passage of 
vessels: The draws of South Damen Avenue, mile 6.14, over South Branch 
of Chicago River; all highway drawbridges between South Western Avenue, 
mile 6.7, and Willow Springs Road, mile 19.4, over Chicago Sanitary and 
Ship Canal; North Halsted Street, mile 2.85, and Division Street, mile 
2.99, over North Branch Canal of Chicago River; and Division Street, 
mile 3.30, North Avenue, mile 3.81, Cortland Avenue, mile 4.48, Webster 
Avenue, mile 4.85, North Ashland Avenue, mile 4.90, and Union Pacific 
Railroad, mile 5.01, over North Branch of Chicago River.

[CGD09-95-023, 60 FR 52311, Oct. 6, 1995, as amended by CGD09-01-148, 67 
FR 31729, May 10, 2002]



Sec.  117.393  Illinois Waterway.

    (a) The draw of the automated Burlington Northern Santa Fe railroad 
bridge, mile 88.8 at Beardstown, Illinois, operates as follows:
    (1) The draw is normally maintained in the fully open position, 
displaying a green light to indicate that vessels may pass.
    (2) When a vessel is approaching and the draw is in the open 
position, contact shall be established by radiotelephone with the remote 
operator to assure that the draw remains open until passage is complete.
    (3) When a vessel is approaching and the draw is in the closed 
position, contact shall be established by radiotelephone with the remote 
operator. If the draw cannot be opened immediately, alternate flashing 
red lights are displayed. If the draw can be opened immediately, 
flashing amber lights are displayed.
    (4) When a train approaches the bridge and the draw is in the open 
position, the operator shall activate alternate flashing red lights on 
top of the draw, sound four short blasts, and scan the river on radar to 
determine whether any vessel is approaching the bridge. The remote 
operator shall also broadcast that the draw is closing. If a vessel or 
vessels are approaching the bridge within one mile, as determined by 
radar scanning, response to radio broadcast, or electronic detector, the 
flashing red lights shall be changed to flashing amber and the operator 
shall keep the draw in the fully open position until the vessel or 
vessels have cleared the bridge. If no vessel is approaching the bridge 
or is beneath the draw, the draw may be lowered and locked in place.
    (5) After the train has cleared the bridge, the draw shall be raised 
to its full height and locked in place, the red flashing lights stopped, 
and the draw lights changed from red to green.

[[Page 607]]

    (b) The draw of the Chessie Railroad Bridge, mile 254.1, at Seneca, 
Illinois, operates as follows:
    (1) The draw is normally maintained in the fully open position, 
displaying green mid-channel lights to indicate the span is fully open.
    (2) When a train approaches the bridge and the draw is in the open 
position, the train will stop, train operator shall walk out on the 
bridge and scan the river for approaching vessels.
    (3) If a vessel is approaching the bridge, the draw will remain 
open. The vessel shall contact the train operator on VHF-FM channel 16 
and the train operator shall keep the draw in the fully open position 
until the vessel has cleared the bridge.
    (4) If no vessels are observed, the train operator initiates a five 
minute warning period on VHF-FM radio channel 16 before closing the 
bridge. The train operator will broadcast the following message: ``The 
Chessie Railroad Bridge at Mile 254.1, Illinois River, will close to 
navigation in five minutes.'' The announcement is repeated every minute 
counting down the time remaining until closure.
    (5) At the end of the five minute warning period, and if no vessels 
are approaching the bridge, the train operator shall sound the siren for 
10 seconds, activate the alternate flashing red lights on top of the 
draw, then lower and lock the draw in place. Red lights shall continue 
to flash to indicate the draw is closed to navigation.
    (6) After the train has cleared the bridge, the draw shall be raised 
to its full height and locked in place, the red flashing lights stopped, 
and the draw lights changed from red to green.
    (c) The draws of the McDonough Street Bridge, mile 287.3; Jefferson 
Street bridge, mile 287.9; Cass Street bridge, mile 288.1; Jackson 
Street bridge, mile 288.4; and Ruby Street bridge, mile 288.7; all of 
Joliet, shall open on signal, except that they need not open from 7:30 
a.m. to 8:30 a.m. and from 4:15 p.m. to 5:15 p.m. Monday through 
Saturday.
    (d) The drawspan of the Elgin, Joliet and Eastern Railway bridge, 
mile 290.1 at Lockport, Illinois, is operated by remote operator located 
at the Elgin, Joliet & Eastern offices in Homewood, Illinois as follows:
    (1) The drawspan is normally maintained in the fully open to 
navigation position displaying green center span navigation lights to 
indicate that the drawspan is fully open.
    (2) The bridge is equipped with the following:
    (i) A radiotelephone link direct to the remote operator;
    (ii) A radar antenna on top of the drawspan capable of scanning the 
river, one mile upstream and one mile downstream;
    (iii) Infrared boat detectors under the drawspan, to allow the 
remote bridge operator to detect vessels under the drawspan;
    (iv) Electronic motion detectors under the drawspan to allow the 
remote bridge operator to detect vessel movement under the drawspan;
    (v) A siren for sound signals; and
    (vi) Red and green center span navigation lights.
    (3) The remote bridge operator shall maintain a 24 hour VHF marine 
radio watch for mariners to establish contact as they approach the 
bridge to ensure that the drawspan is open or that it remains open until 
passage of river traffic is complete.
    (4) When rail traffic approaches the bridge, and the drawspan is in 
the open position, the remote bridge operator initiates a one minute 
warning period before closing the drawspan. During this warning period, 
the remote operator shall broadcast at least twice, via marine radio, 
that: ``The drawspan of the EJ&E Railroad bridge will be lowered in one 
minute.'' A siren on the bridge sounds for 20 seconds, to warn anyone on 
or under the bridge that the drawspan will be lowered.
    (5) If a vessel is approaching the bridge upbound or, departing the 
Lockport Lock and Dam at mile 291.1, downbound, with intentions of 
passing through the drawspan, they shall respond to the remote bridge 
operators' marine radio broadcast, or initiate radio contact, indicating 
their proximity to the bridge and requesting an opening of the drawspan 
or that the drawspan remain open until the vessel passes. If any 
approaching vessel is detected or if a radiotelephone response

[[Page 608]]

is received, the remote operator shall not close the drawspan until the 
vessel or vessels have cleared the bridge.
    (6) At the end of the one minute warning period, if no river traffic 
is approaching or under the drawspan, the remote bridge operator may 
begin lowering the drawspan. Navigation lights located at the center of 
the drawspan change from green to red when the drawspan is not in the 
fully open to navigation position. The drawspan takes approximately 90 
seconds to lower.
    (7) If the presence of a vessel or other obstruction is discovered 
approaching or under the drawspan, during the lowering sequence, before 
the drawspan is fully lowered and locked, the drawspan shall be stopped 
and raised to the fully open position. When the vessel or obstruction 
has cleared the drawspan, the remote operator shall confirm that the 
channel is clear and reinitiate the one minute warning cycle before 
lowering the drawspan.
    (8) If no marine traffic is present the drawspan may be lowered and 
seated. When the drawspan is lowered and locked in the closed to 
navigation position, the remote bridge operator periodically broadcasts, 
via marine radio, that: ``The drawspan of the EJ&E Railroad bridge is 
closed to navigation.''
    (9) Failure of the radar system, radio telephone system, infrared 
boat detectors or electronic motion sensors shall prevent lowering the 
drawspan from the remote location.
    (10) when rail traffic has cleared the bridge, the remote bridge 
operator shall raise the drawspan to the fully open to navigation 
position. When the drawspan is raised and in the fully open to 
navigation position, the remote bridge operator broadcasts, at least 
twice, via marine radio, that: ``The drawspan of the EJ&E Railroad 
bridge is open to navigation.'' The center drawspan navigation lights 
change from red to green when the drawspan is fully open to navigation.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD02 93-036, 59 
FR 33677, June 30, 1994; USCG-1998-3799, 63 FR 35527, June 30, 1998; 
USCG-1999-5832, 64 FR 34712, June 29, 1999; CGD08-99-014, 64 FR 61520, 
Nov. 12, 1999; CGD08-06-013, 72 FR 19668, Apr. 19, 2007; USCG-2013-0397, 
78 FR 39174, July 1, 2013]



Sec.  117.397  Wabash River.

    The draws of the bridges across the Wabash River need not be opened 
for the passage of vessels.

[USCG-2008-0100, 73 FR 76219, Dec. 16, 2008]

                                 Indiana



Sec.  117.401  Trail Creek.

    (a) The draw of the Franklin Street bridge, mile 0.5 at Michigan 
City, shall be operated as follows:
    (1) From March 16 through November 30, the draw shall open on 
signal; except from 6:15 a.m. to 11:15 p.m., Monday through Sunday, the 
draw need open only from three minutes before to three minutes after the 
quarter-hour and three-quarter hour.
    (2) From December 1 through March 15, the draw shall open on signal 
if at least 12-hours advance notice is provided prior to intended time 
of passage.
    (b) The draw of the Amtrak bridge, mile 0.9 at Michigan City, shall 
open on signal; except, from December 1 through March 15, the bridge 
shall open on signal if at least 12-hours advance notice is provided 
prior to intended time of passage.
    (c) Public vessels of the United States, state or local vessels used 
for public safety, vessels in distress, and vessels seeking shelter from 
severe weather shall be passed through the draws of each bridge as soon 
as possible.

[CGD09-01-001, 66 FR 27867, May 21, 2001]



Sec.  117.403  Wabash River.

    See Sec.  117.397, Wabash River, listed under Illinois.

[CGD 92-015, 57 FR 37880, Aug. 21, 1992]

                                  Iowa



Sec.  117.407  Missouri River.

    See Sec.  117.691, Missouri River listed under Nebraska.

[CGD08-06-002, 71 FR 66874, Nov. 17, 2006]

                                 Kansas



Sec.  117.411  Missouri River.

    (a) The draws of the bridges across the Missouri River shall open on 
signal; except during the winter season

[[Page 609]]

between the date of closure and the date of opening of the commercial 
navigation season as published by the Army Corps of Engineers, the draw 
need not open unless at least 24 hours advance notice is given.
    (b) The draw of the Atchison Railroad Bridge, Mile 422.5, Missouri 
River need not open unless a two-hour advance notice is given during the 
commercial navigation season.

[USCG-2014-0358, 80 FR 81181, Dec. 29, 2015]

                                Kentucky



Sec.  117.415  Green River.

    (a) The draw of the CSX Transportation railroad bridge, Mile 8.3 at 
Spottsville, shall open on signal when there is 40 feet or less of 
vertical clearance beneath the draw. When vertical clearance is more 
than 40 feet, at least four hours notice shall be given. The owners of, 
or agencies controlling, the bridge shall arrange for ready telephone 
communication with the authorized representative at any time from the 
bridge or its immediate vicinity.
    (b) The bascule span of the Paducah and Louisville Railroad Bridge, 
Mile 94.8 at Rockport, is maintained in the closed position and is 
remotely operated. Bridge clearance in the closed position in 41.3 feet 
at pool stage. Vessels requiring more clearance for passage must contact 
the remote bridge operator by radio telephone to request opening. The 
bridge operator will confirm by radiotelephone whether the bridge can be 
opened safely and promptly. If rail traffic is on or approaching the 
bridge, the bridge operator will advise the vessel that the bridge 
cannot be opened, and provide an approximate time when the bridge can be 
opened safely. Continuous radio contact between the bridge operator and 
the vessel shall be maintained until the vessel has transited and 
cleared the bridge.

[CGD2 88-01, 53 FR 23621, June 23, 1988, as amended by CGD2-91-04, 56 FR 
16009, Apr. 19, 1991; CGD2-91-07, 57 FR 2841, Jan. 24, 1992; USCG-2013-
0041, 78 FR 21841, Apr. 12, 2013]



Sec.  117.417  Ohio River.

    The draw of the Southern Railway railroad bridge, mile 607.4 at New 
Albany, Indiana, need not be opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984]

                                Louisiana



Sec.  117.422  Amite River.

    (a) The draw of the S22 bridge, mile 6.0 at Clio, shall open on 
signal if at least four hours notice is given.
    (b) The draws of the S16 bridge, mile 21.4 near French Settlement, 
and the S42 bridge, mile 32.0 at Port Vincent, shall open on signal if 
at least 48 hours notice is given.

[CGD 82-025, 49 FR 17452, as amended by CGD 08-84-04, 49 FR 48924, Dec. 
17, 1984. Redesignated by CGD8-88-05, 53 FR 27681, July 22, 1988]



Sec.  117.423  Atchafalaya River.

    The draw of the Kansas City Southern Railway bridge, mile 133.1 
(mile 5.0 on N.O.S. Chart) above the mouth of the waterway, at 
Simmesport, shall open on signal if at least three hours advance notice 
is given.

[CGD8-88-05, 53 FR 27681, July 22, 1988]



Sec.  117.424  Belle River.

    The draw of the S70 bridge, mile 23.8 (Landside Route) near Belle 
River, shall open on signal; except that, from 10 p.m. to 6 a.m., the 
draw shall open on signal if at least four hours notice is given. During 
the advance notice period, the draw shall open on less than four hours 
notice for an emergency and shall open on demand should a temporary 
surge in waterway traffic occur.

[CGD 08-84-07, 50 FR 24195, June 10, 1985]



Sec.  117.425  Black Bayou.

    The draws of the Terrebonne Parish Police Jury bridges, miles 7.5, 
15.0, 18.7 and 22.5, between Gibson and Houma, shall open on signal if 
at least 24 hours notice is given. The draw of the US182 bridge, mile 
7.0 near Gibson, need not be opened for the passage of vessels.

[CGD8-87-12, 53 FR 5974, Feb. 29, 1988, as amended by USCG-2013-0397, 78 
FR 39174, July 1, 2013]

[[Page 610]]



Sec.  117.429  Boeuf Bayou.

    The draw of the S307 bridge, mile 1.3 at Kraemer, shall open on 
signal; except that, from 9 p.m. to 5 a.m., the draw shall open on 
signal if at least 12 hours notice is given.



Sec.  117.433  Bonfouca Bayou.

    The draw of the S433 Bridge, mile 7.0, at Slidell, shall open on 
signal, except that from 6 p.m. to 6 a.m. from November 1 through 
February 28 or February 29, the draw shall open on signal if at least 
two hours, notice is given. From March 1 through October 30, from 9 p.m. 
to 7 a.m. the draw shall open on signal if at least two hours, notice is 
given. On Monday through Friday, except Federal holidays, throughout the 
year, the draw need not open for the passage of vessels from 7 a.m. to 8 
a.m. and from 1:45 p.m. to 2:45 p.m.

[USCG-2009-0863, 76 FR 52569, Aug. 23, 2011]



Sec.  117.434  Caddo Lake.

    The draw of the Kansas City Southern railroad bridge, mile 26.4 near 
Mooringsport, shall open on signal if at least 24 hours notice is given.

[CGD82-025, 49 FR 17452. Redesignated by CGD08-96-053, 64 FR 8722, Feb. 
23, 1999]



Sec.  117.435  Carlin Bayou.

    (a) The draw of the Louisiana and Delta Railroad (LDRR) Bridge, mile 
6.4, at Delcambre, shall operate as follows:
    (1) The draw shall be maintained in the fully open position for 
navigation at all times, except during periods when it is closed for the 
passage of rail traffic.
    (2) When a train approaches the bridge, it will stop and a 
crewmember from the train will observe the waterway for approaching 
vessels. If vessels are observed approaching the bridge, they will be 
allowed to pass prior to lowering the bridge. The crewmember will verify 
that the adjacent highway bridge is in the closed-to-navigation position 
prior to initiating the lowering sequence.
    (3) After the train has completely passed over the bridge, the 
crewmember will initiate the raising sequence.
    (4) To request openings of the bridge when the lift span is in the 
closed-to-navigation position, mariners may call the LDRR Signal 
Supervisor at 337-316-6015.
    (b) The draw of the S14 bridge, mile 6.4 at Delcambre, shall open on 
signal; except that, from 9 p.m. to 5 a.m. the draw shall open on signal 
if at least four hours notice is given. The draw shall open on less than 
four hours notice for an emergency and shall open on demand should a 
temporary surge in waterway traffic occur.

[CGD8-88-19, 54 FR 16107, Apr. 21, 1989. Redesignated by CGD08-96-053, 
64 FR 8722, Feb. 23, 1999; USCG-2012-0180, 77 FR 57021, Sept. 17, 2012]



Sec.  117.436  Chef Menteur Pass.

    The draw of the U.S. Highway 90 bridge, mile 2.8, at Lake Catherine, 
shall open on signal; except that, from 5:30 a.m. to 7:30 a.m., Monday 
through Friday except Federal holidays, the draw need open only on the 
hour and on the half-hour for the passage of vessels. The draw shall 
open at any time for a vessel in distress.

[CGD08-01-005, 66 FR 11110, Feb. 22, 2001]



Sec.  117.437  Chevron Oil Company Canal.

    The draw of the SR 3090, mile 0.05, at Fourchon, shall open on 
signal if at least one-hour notice is given.

[USCG-2014-1039, 80 FR 11550, Mar. 4, 2015]



Sec.  117.438  Colyell Bayou.

    The removable span of the Louisiana highway bridge, mile 1.0 near 
Port Vincent, shall be removed for the passage of vessels if at least 48 
hours notice is given.

[ CGD 82-025, 49 FR 17452, Apr. 24, 1984. Redesignated by USCG-2014-
1039, 80 FR 11550, Mar. 4, 2015]



Sec.  117.439  Company Canal.

    (a) The draw of the LA1 bridge, mile 0.4 at Lockport, shall open on 
signal; except that, from 6 p.m. to 10 a.m. the draw shall open on 
signal if at least four hours notice is given. During the advance notice 
period, the draw shall open on less than four hours notice for an 
emergency and shall open on demand should a temporary surge in waterway 
traffic occur.

[[Page 611]]

    (b) The draw of the S24 bridge, mile 8.1 at Bourg, shall open on 
signal; except that, from 10 p.m. to 6 a.m. the draw shall open on 
signal if at least four hours notice is given. During the advance notice 
period, the draw shall open on less than four hours notice for an 
emergency and shall open on demand should a temporary surge in waterway 
traffic occur.

[CGD 08-84-12, 50 FR 23306, June 3, 1985. Redesignated and amended by 
CGD8-85-10, 50 FR 38001, Sept. 19, 1985; USCG-2011-0257, 76 FR 31837, 
June 2, 2011. Redesignated by USCG-2014-1039, 80 FR 11550, Mar. 4, 2015]



Sec.  117.440  Des Allemands Bayou.

    (a) The draw of the S631 bridge, mile 13.9 at Des Allemands, shall 
open on signal if at least four hours notice is given.
    (b) The draw of the Burlington Northern Santa Fe Railroad bridge, 
mile 14.0, shall open on signal Monday through Friday from 7 a.m. to 3 
p.m. At all other times the draw shall open on signal if at least 4 
hours notice is given.

[CGD08-93-028, 59 FR 14757, Mar. 30, 1994. Redesignated by USCG-2014-
1039, 80 FR 11550, Mar. 4, 2015]



Sec.  117.441  D'Inde Bayou.

    The draw of the Union Pacific railroad bridge, mile 4.3, shall open 
on signal if at least 72 hours notice is given to the Defense Plant 
Corporation, Cities Service Refining Corporation Agent.



Sec.  117.443  Du Large Bayou.

    The draw of the Terrebonne Parish bridge, mile 23.2, near Theriot, 
shall open on signal; except that, from 9 p.m. to 5 a.m., the draw shall 
open on signal if at least 12 hours notice is given.

[CGD 08-84-07, 50 FR 24195, June 10, 1985]



Sec.  117.444  Falgout Canal.

    The draw of the LA 315 bridge across Falgout Canal, mile 3.1, shall 
open on signal; except that from 15 August to 5 June, the draw need not 
be opened from 7 a.m. to 8 a.m. and from 3 p.m. to 4 p.m., Monday 
through Friday except holidays. The draw shall open on signal at any 
time for an emergency aboard a vessel.

[CGD8-91-11, 56 FR 43872, Sept. 5, 1991]



Sec.  117.445  Franklin Canal.

    The draw of the Chatsworth Bridge, mile 4.8 at Franklin, shall open 
on signal from 5 a.m. to 9 p.m. if at least one hour notice is given. 
From October 1 through January 31 from 9 p.m. to 5 a.m., the draw shall 
be opened on signal if at least three hours notice is given. From 
February 1 through September 30 from 9 p.m. to 5 a.m., the draw shall 
open on signal if at least 12 hours notice is given.

[USCG-2009-0670; 74 FR 66238, Dec. 15, 2009]



Sec.  117.447  Grand Cabahanosse Bayou.

    The draw of the S70 bridge, mile 7.6 near Paincourtville, shall open 
on signal if at least 24 hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by USCG-2001-9286, 
66 FR 33641, June 25, 2001]



Sec.  117.449  Grosse Tete Bayou.

    The removable span of the S377 Bridge, mile 15.3 near Rosedale, 
shall be opened for the passage of vessels if at least 48 hours notice 
is given.

[USCG-2012-0115, 77 FR 57494, Sept. 18, 2012]



Sec.  117.451  Gulf Intracoastal Waterway.

    (a) The draw of the Lapalco Boulevard Bridge, Harvey Canal Route, 
mile 2.8 at Harvey, shall open on signal; except that, from 6:30 a.m. to 
8:30 a.m. and from 3:45 p.m. to 5:45 p.m. Monday through Friday except 
holidays, the draw need not be opened for the passage of vessels.
    (b) The draw of the SR 23 bridge, Algiers Alternate Route, mile 3.8 
at Belle Chasse, shall open on signal; except that, from 6 a.m. to 8:30 
a.m. and from 3:30 p.m. to 5:30 p.m. Monday through Friday, except 
Federal holidays, the draw need not be opened for the passage of 
vessels.
    (c) The draw of the SR 315 (Bayou Dularge) bridge, mile 59.9 west of 
Harvey Lock, at Houma, shall open on signal; except that, the draw need 
not open for the passage of vessels Monday through Friday except Federal 
holidays from 6:30 a.m. to 8:30 a.m., from

[[Page 612]]

11:45 a.m. to 12:15 p.m., from 12:45 p.m. to 1:15 p.m. and from 4:30 
p.m. to 6 p.m.
    (d) The draw of the SR 319 (Louisa) bridge across the Gulf 
Intracoastal Waterway, mile 134.0 west of Harvey Lock, near Cypremort, 
shall open on signal if at least 24 hours notice is given.
    (e) The draw of the Louisiana highway bridge, mile 243.8 west of 
Harvey Canal Locks, shall open on signal when more than 50 feet vertical 
clearance is required, if at least four hours notice is given to the 
Louisiana Department of Highways, District Maintenance Engineer, at Lake 
Charles.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984]

    Editorial Note: For Federal Register citations affecting Sec.  
117.451, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec.  117.453  Houma Canal.

    The draw of the S3197 bridge, mile 1.7 at Houma, shall open on 
signal if at least four hours notice is given.

[CGD 08-84-06, 50 FR 1850, Jan. 14, 1985]



Sec.  117.455  Houma Navigation Canal.

    The draw of SR 661 (Houma Nav Canal) bridge, mile 36.0, at Houma, 
shall open on signal; except that, the draw need not open for the 
passage of vessels Monday through Friday except Federal holidays from 
6:30 a.m. to 8:30 a.m., from 11:45 a.m. to 12:15 p.m., from 12:45 p.m. 
to 1:15 p.m. and from 4:30 p.m. to 6 p.m.

[CGD08-05-004, 70 FR 20469, Apr. 20, 2005]



Sec.  117.457  Houston River.

    The draw of the Kansas City Southern Railroad bridge, mile 5.2 near 
Lake Charles, shall open on signal if at least 24 hours notice is given.



Sec.  117.458  Inner Harbor Navigation Canal, New Orleans.

    (a) The draws of the SR 46 (St. Claude Avenue) bridge, mile 0.5 
(GIWW mile 6.2 East of Harvey Lock), the SR 39 (Judge Seeber/Claiborne 
Avenue) bridge, mile 0.9 (GIWW mile 6.7 East of Harvey Lock), and the 
Florida Avenue bridge, mile 1.7 (GIWW mile 7.5 East of Harvey Lock), 
shall open on signal; except that, from 6:30 a.m. to 8:30 a.m. and from 
3:30 p.m. to 5:45 p.m., Monday through Friday, except federal holidays, 
the draws need not open for the passage of vessels. The draws shall open 
at any time for a vessel in distress.
    (b) The US 90 (Danzinger) Bridge, mile 3.1, shall open on signal if 
at least two hours notice is given; except that the draw need not be 
opened from 7 a.m. to 8:30 a.m. and 5 p.m. to 6:30 p.m. Monday through 
Friday.
    (c) The draw of the Senator Ted Hickey (Leon C. Simon Blvd./
Seabrook) Bridge, mile 4.6, shall open on signal from 7 a.m. to 8 p.m.; 
except that the bridge need not open from 7 a.m. to 8:30 a.m. and 5 p.m. 
to 6:30 p.m. Monday through Friday. From 8 p.m. to 7 a.m., the draw 
shall open on signal if at least two hours notice is given.

[CGD8-89-05, 54 FR 36305, Sept. 1, 1989, as amended by CGD08-01-002, 66 
FR 27026, May 16, 2001; GCD08-03-030, 68 FR 69609, Dec. 15, 2003; USCG-
2010-0351, 75 FR 49411, Aug. 13, 2010; USCG-2013-0562, 79 FR 8269, Feb. 
12, 2014]



Sec.  117.459  Kelso Bayou.

    The draw of the S27 bridge mile 0.7 at Hackberry, shall operate as 
follows:
    (a) From May 20, through October 31, the draw shall open on signal 
from 7 a.m. to 7 p.m. From 7 p.m. to 7 a.m., the draw shall open on 
signal if at least four hours notice is given.
    (b) From November 1 through December 22, the draw shall open on 
signal from 7 a.m. to 3 p.m. From 3 p.m. to 7 a.m., the draw shall open 
on signal if at least four hours notice is given.
    (c) From December 23 through May 19, the draw shall open on signal 
if at least 24 hours notice is given.

[CGD 08-94-028, 63 FR 40654, July 30, 1998]



Sec.  117.460  La Carpe Bayou.

    The draw of the S661 bridge, mile 7.5, shall open on signal if at 
least four hours advance notice is given; except that, the draw need not 
be opened for the passage of vessels Monday through Friday except 
holidays from 7 a.m. to 8:30 a.m. and 4:30 p.m. to 6 p.m.

[CGD8-90-05, 55 FR 33289, Aug. 15, 1990]



Sec.  117.461  Lacassine Bayou.

    The draws of the S14 bridge, mile 17.0, and the Southern Pacific 
railroad

[[Page 613]]

bridge, mile 20.4, both near Hayes, shall open on signal if at least 24 
hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984]



Sec.  117.463  Lacombe Bayou.

    The draw of the US190 bridge, mile 6.8 at Lacombe, shall open on 
signal if at least 48 hours notice is given.



Sec.  117.465  Lafourche Bayou.

    (a) The draws of the following bridges shall open on signal; except 
that, from August 1 through May 31, the draw need not open for the 
passage of vessels Monday through Friday except Federal holidays from 7 
a.m. to 8:30 a.m.; from 2 p.m. to 4 p.m. and from 4:30 p.m. to 5:30 
p.m., unless otherwise indicated:
    (1) SR 308 (Golden Meadow) Bridge, mile 23.9, at Golden Meadow
    (2) Galliano Pontoon Bridge, mile 27.8, at Galliano
    (3) SR 308 (South Lafourche (Tarpon)) Bridge, mile 30.6, at 
Galliano, need not open for the passage of vessels from August 1 through 
May 31, Monday through Friday except Federal holidays from 6:45 a.m. to 
8:30 a.m.; from 2 p.m. to 4 p.m. and from 4:30 p.m. to 5:30 p.m.
    (4) Cote Blanche Pontoon Bridge, mile 33.9, at Cutoff
    (5) Cutoff Vertical Lift Bridge, mile 36.3, at Cutoff
    (6) LA 657 (Larose) Vertical Lift Bridge, mile 38.7, at Larose.
    (b) The draw of the Valentine bridge, mile 44.7 at Valentine, shall 
open on signal; except that, from 6 p.m. to 6 a.m., the draw shall open 
on signal if at least four hours advance notification is given. During 
the advance notification period, the draw shall open on less than four 
hours notice for an emergency and shall open on demand should a 
temporary surge in water traffic occur.
    (c) The draws of the S3220 bridge, mile 49.2 near Lockport, and the 
S655 bridge, mile 50.8 at Lockport, shall open on signal; except that, 
from 6 p.m. to 10 a.m. the draws shall open on signal if at least four 
hours notice is given. During the advance notice period, the draws shall 
open on less than four hours notice for an emergency and shall open on 
demand should a temporary surge in waterway traffic occur.
    (d) The draw of the State Route LA 654 bridge, mile 53.2 at 
Clotilda, shall open on signal if at least four hours notice is given. 
During the advance notice period, the draw shall open on less than four 
hours notice for an emergency and shall open on demand should a 
temporary surge in waterway traffic occur.
    (e) The draws of the S3199 bridge, mile 58.2, and the Lafourche 
Parish bridge, mile 58.7, both at Raceland, shall open on signal if at 
least six hours notice is given.
    (f) The draw of the S649 bridge, mile 66.6, shall open on signal if 
at least forty-eight hours notice is given.
    (g) The draws of the Burlington Northern Santa Fe railroad bridge, 
mile 69.0 at Lafourche, and all bridges upstream of the Burlington 
Northern Santa Fe railroad bridge need not be opened for the passage of 
vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984]

    Editorial Note: For Federal Register citations affecting Sec.  
117.465, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec.  117.467  Lake Pontchartrain.

    (a) The south draw of the S11 bridge near New Orleans shall open on 
signal if at least 48 hours notice is given. In case of emergency, the 
draw shall open within 12 hours and shall be kept in condition for 
immediate operation until the emergency is over.
    (b) The draw of the Norfolk Southern Railroad Bridge across Lake 
Pontchartrain, mile 4.80 near Slidell, St. Tammany Parish, Louisiana 
shall be maintained as follows:
    (1) The draw shall be maintained in the fully open-to-navigation 
position for vessels at all times, except during periods when it is 
closed for the passage of rail traffic or to perform periodic 
maintenance authorized in accordance with subpart A of this part.
    (2) The draw shall be remotely operated by the drawtender at Norfolk 
Southern's drawbridge in Decatur, Alabama. The estimated duration that 
the bridge will remain closed for the passage of rail traffic is 10 to 
15 minutes per operation.
    (3) When a train approaches the bridge, the drawtender will initiate 
the

[[Page 614]]

bridge closing warning signal, consisting of radio calls via VHF-FM-
channels 13 and 16 and activation of flashing red warning lights at each 
end of the span. The radio calls will be broadcast at five (5) minutes 
prior to bridge closing and at two (2) minutes prior to bridge closing. 
Photoelectric (infrared) boat detectors will monitor the waterway 
beneath the bridge for the presence of vessels.
    (4) The drawtender will continuously monitor waterway traffic in the 
area using closed-circuit cameras mounted on the bridge. The draw will 
only be closed if the drawtender's visual inspection indicates that the 
channel is clear and there are no vessels transiting in the area. The 
drawtender will maintain constant surveillance of the navigation channel 
to ensure that no conflict with maritime traffic exists. Additionally, 
the draw will not be closed if the S11 bascule bridge that is located 
immediately west of the railroad bridge is in the open-to-navigation 
position. If two or more closed-circuit cameras are inoperable or if 
there is inclement weather, the draw will only be operated by a 
drawtender located on site at the bridge.
    (5) At the end of the two-minute warning period, if no vessels have 
been detected by the drawtender, the draw closing sequence will 
automatically proceed.
    (6) Upon passage of the train, the draw will be returned to the 
fully open-to-navigation position to allow marine traffic to pass. The 
warning lights will continue to flash red until the draw has returned to 
the fully open-to-navigation position at which time they will 
deactivate.
    (7) After the passage of each train, the draw must be returned to 
its fully open-to-navigation position.
    (8) To request openings of the draw when the bascule span is in the 
closed-to-navigation position, mariners may contact Norfolk Southern 
Railway via VHF-FM channel 13 or by telephone at the number displayed on 
the signs posted at the bridge.
    (9) The draw will be operated locally if:
    (i) Communication is lost between the drawbridge and the drawtender 
in Decatur, Alabama;
    (ii) More than two closed-circuit cameras are not working;
    (iii) The marine radio is inoperable;
    (iv) Weather conditions warrant; or
    (v) Ordered by the Coast Guard.
    (c) The draw of the Greater New Orleans Expressway Commission 
Causeway shall open on signal if at least three hours notice is given; 
except that, the draw need not be opened for the passage of vessels 
Monday through Friday except Federal holidays from 5:30 a.m. to 9:30 
a.m. and from 3 p.m. until 7 p.m. The draw will open on signal for any 
vessel in distress or vessel waiting immediately following the closures 
listed above.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD8-90-02, 55 FR 
13522, Apr. 11, 1990; CGD08-01-022, 66 FR 56208, Nov. 7, 2001; USCG-
2015-0814, 80 FR 81183, Dec. 29, 2015]



Sec.  117.469  Liberty Bayou.

    The draw of the S433 Bridge, mile 2.0, at Slidell, shall open on 
signal, except that between 7 p.m. to 7 a.m., the draw shall open on 
signal if at least two hours notice is given.

[USCG-2007-0078, 73 FR 12886, Mar. 11, 2008]



Sec.  117.471  Little Black Bayou.

    The draw of the Southern Pacific railroad bridge, mile 1.3 at 
Southdown, need not be opened for the passage of vessels.



Sec.  117.473  Little River.

    The draw of the Louisiana and Arkansas railroad bridge, mile 12.1 at 
Archie, shall open on signal if at least 12 hours notice is given.



Sec.  117.475  Little (Petit) Caillou Bayou.

    (a) The draws of the S58 bridge, mile 25.7 at Sarah, and the 
Terrebonne Parish (Smithridge) bridge, mile 26.6 near Montegut, shall 
open on signal; except that, from 9 p.m. to 5 a.m., the draws shall open 
on signal if at least 12 hours notice is given.
    (b) The draws of the Terrebonne Parish (DuPlantis) bridge, mile 29.9 
near Bourg, and the S24 bridge, mile 33.7 at Presquille, shall open on 
signal if at least four hours notice is given. The draws shall open on 
less than four hours notice for an emergency, and

[[Page 615]]

shall open on signal should a temporary surge in waterway traffic occur.

[CGD8-86-02, 51 FR 31113, Sept. 2, 1986]



Sec.  117.477  Lower Atchafalaya River.

    The draw of the St. Mary Parish bridge, mile 26.8 at Patterson, 
shall open on signal from 5 a.m. to 9 p.m. From October 1 through 
January 31 from 9 p.m. to 5 a.m., the draw shall open on signal if at 
least three hours notice is given. From February 1 through September 30 
from 9 p.m. to 5 a.m., the draw shall open on signal if at least 12 
hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984]



Sec.  117.478  Lower Grand River.

    (a) The draw of the LA 75 bridge, mile 38.4 (Alternate Route) at 
Bayou Sorrel, shall open on signal; except that from about August 15 to 
about June 5 (the school year), the draw need not be opened from 6 a.m. 
to 8 a.m. and from 3 p.m. to 4:30 p.m., Monday through Friday except 
holidays. The draw shall open on signal at any time for an emergency 
aboard a vessel.
    (b) The draw of the LA 77 bridge, mile 47.0 (Alternate Route) at 
Grosse Tete, shall open on signal; except that, from about August 15 to 
about June 5 (the school year), the draw need not be opened from 6 a.m. 
to 8 a.m. and from 2:30 p.m. to 4:30 p.m., Monday through Friday except 
Federal holidays. The draw shall open on signal at any time for an 
emergency aboard a vessel.
    (c) The draw of the S997 bridge, mile 41.5 (Landside Route) at 
Pigeon, shall open on signal; except that, from 10 p.m. to 6 a.m., the 
draw shall open on signal if at least four hours notice is given. During 
the advanced notice period, the draw shall open on less than four hours 
notice for an emergency and shall open on demand should a temporary 
surge in waterway traffic occur.

[CGD8-92-16, 57 FR 57962, Dec. 8, 1992, as amended by CGD08-93-024, 59 
FR 14756, Mar. 30, 1994; CGD08-96-003, 61 FR 49064, Sept. 18, 1996; 
USCG-2009-0686, 75 FR 16009, Mar. 31, 2010]



Sec.  117.479  Macon Bayou.

    The draw of the S4 bridge, mile 44.8 near Winnsboro, shall open on 
signal if at least 24 hours notice is given.



Sec.  117.480  Mermentau River.

    The draw of the S82 bridge, mile 7.1 at Grand Chenier, shall open on 
signal; except that, from 6 p.m. to 6 a.m. the draw shall open on signal 
if at least 4 hours notice is given. During the advance notice period, 
the draw will open on less than 4 hours notice for an emergency and will 
open on demand should a temporary surge in waterway traffic occur.

[CGD8-94-027, 60 FR 14221, Mar. 16, 1995]



Sec.  117.481  Milhomme Bayou.

    The draw of the Stephensville Bridge, mile 12.2 (Landside Route) at 
Stephensville shall open on signal if at least one hour of advance 
notice is given. During the advance notice period, the draw shall open 
on less than one hour notice for an emergency, and shall open on demand 
should a temporary surge in waterway traffic occur.

[73 FR 43, Jan. 2, 2008]



Sec.  117.482  Nezpique Bayou.

    The draw of the S97 bridge, mile 7.0 near Jennings, shall open on 
signal if at least 48 hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984. Redesignated by CGD8-86-04, 51 
FR 36224, Oct. 9, 1986]



Sec.  117.483  Ouachita River.

    The draw of the S8 Bridge, mile 57.5, at Harrisonburg, shall open on 
signal if at least one hour notice is given.

[CGD08-07-020, 72 FR 59014, Oct. 18, 2007]



Sec.  117.484  Pass Manchac.

    The draw of the Canadian National/Illinois Central Railroad 
automated bridge, mile 6.7, at Manchac, operates as follows:
    (a) The draw is not constantly manned and the bridge will normally 
be maintained in the open position, providing 56 feet vertical clearance 
above mean high tide to the raised tip of the bascule span for one-half 
the channel, and unlimited vertical clearance for the other half.

[[Page 616]]

    (b) Railroad track circuits will detect an approaching train and 
initiate bridge closing warning broadcasts over marine radio and over 
the Public Address (PA) system six (6) minutes in advance of the train's 
arrival. Navigation channel warning lights will be lit, and 
photoelectric (infrared) boat detectors will monitor the waterway 
beneath the bridge for the presence of vessels. The waterway approaches 
to the bridge will be monitored by closed circuit TV (CCTV) cameras.
    (c) Activation of the warning broadcasts also activates a marine 
radio monitor in the Mays Yard (New Orleans switch yard). The yardmaster 
will continuously monitor marine radio broadcasts on the normal and 
emergency marine radio channels throughout the warning period and at all 
times the bridge is closed. The yardmaster will communicate with 
waterway users via the marine radio, if necessary.
    (d) At the end of warning period, if no vessels have been detected 
by the boat detectors, and no interruptions have been performed by the 
yardmaster based on his monitoring of the marine radio and the CCTV, the 
bridge lowering sequence will automatically proceed.
    (e) Upon passage of the train, the bridge will automatically open. 
Railroad track circuits will initiate the automatic bridge opening and 
closing sequences. (Estimated duration that the bridge will remain 
closed for passage of rail traffic is 10 to 12 minutes.) The bridge will 
also be manually operable from two locked trackside control locations 
(key releases) on the approach spans, one on each side of the movable 
span.
    (f) The yardmaster will be provided with a remote EMERGENCY STOP 
button which, if pressed, will stop the bridge operation, interrupt the 
lowering sequence, and immediately return the bridge to the open 
position. The yardmaster will utilize this control feature in the event 
a vessel operator issues an urgent radio call to keep the waterway open 
for immediate passage of the vessel.

[CGD08-93-023, 59 FR 14755, Mar. 30, 1994; 59 FR 23158, May 5, 1994, as 
amended by USCG-2000-7223, 65 FR 40056, June 29, 2000]



Sec.  117.485  Patout Bayou.

    The draw of the S83 bridge, mile 0.4 near Weeks, shall open on 
signal if at least four hours notice is given.



Sec.  117.486  Pearl River.

    (a) The draw of the CSX Transportation railroad bridge, mile 1.0 
near English Lookout, shall open on signal; except that, from 9 p.m. to 
5 a.m. the draw shall open on signal if at least four hours notice is 
given.
    (b) The draw of the US 90 highway bridge, mile 8.8 near Pearlington, 
shall open on signal; except that, from 7 p.m. to 7 a.m. the draw shall 
open on signal if at least four hours notice is given.

[CGD8-92-09, 57 FR 34868, Aug. 7, 1992, as amended by USCG-1998-3799, 63 
FR 35527, June 30, 1998. Redesignated by USCG-2001-10881, 71 FR 70311, 
Dec. 4, 2006]



Sec.  117.487  Pierre Pass.

    The draw of the S70 bridge, mile 1.0 at Pierre Part, shall open on 
signal; except that, from 10 p.m. to 6 a.m., the draw shall open on 
signal if at least four hours notice is given. During the advance notice 
period, the draw shall open on less than four hours notice for an 
emergency and shall open on demand should a temporary surge in waterway 
traffic occur.

[CGD 08-84-07, 50 FR 24195, June 10, 1985. Redesignated by USCG-2001-
10881, 71 FR 70311, Dec. 4, 2006]



Sec.  117.488  Plaquemine Bayou.

    (a) The draw of the S3066 (Spur) bridge, mile 6.5 at Indian Village, 
shall open on signal if at least four hours notice is given.
    (b) The draws of the Union Pacific railroad bridge, mile 10.5 at 
Plaquemine, and the S1 bridge, mile 10.5 at Plaquemine, need not be 
opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 08-84-01; 49 
FR 28405, July 12, 1984. Redesignated by USCG-2001-10881, 71 FR 70311, 
Dec. 4, 2006]



Sec.  117.489  Plaquemine Brule Bayou.

    The draw of the S91 bridge, mile 8.0 at Estherwood, shall open on 
signal from 5 a.m. to 9 p.m. if at least four hours notice is given. 
From 9 p.m. to 5

[[Page 617]]

a.m., the draw shall open on signal if at least 12 hours notice is 
given.

[USCG-2008-0850, 73 FR 51362, Sept. 3, 2008]



Sec.  117.491  Red River.

    (a) The draw of the Union Pacific Railroad bridge, mile 90.1, at 
Alexandria, shall open on signal if at least eight hours notice is 
given.
    (b) The draw of the US 165 (Jackson St.) bridge, mile 88.6, at 
Alexandria, shall open on signal if at least eight hours notice is 
given; except that, from 7 a.m. to 9 a.m. and from 4 p.m. to 6 p.m. the 
draw need not be opened Monday through Friday except holidays.
    (c) The draws of the bridges above mile 105.8 through mile 234.4 
shall open on signal if at least 48 hours notice is given.
    (d) The draws of the bridges above mile 234.4 to mile 276 need not 
be opened for passage of vessels.
    (e) When a vessel which has given notice fails to arrive at the time 
specified in the notice, the drawtender shall remain on duty for up to 
two additional hours to open the draw if that vessel appears. After that 
time, a new notice of the appropriate length of time is required.

[CGD08-94-026, 60 FR 7123, Feb. 7, 1995, as amended by CGD08-95-024, 61 
FR 4886, Feb. 9, 1996; CGD08-96-025, 61 FR 39873, July 31, 1996; CGD8-
97-037, 62 FR 52502, Oct. 8, 1997; CGD08-00-020, 65 FR 52022, Aug. 28, 
2000]



Sec.  117.493  Sabine River.

    (a) The draw of the Union Pacific railroad bridge, mile 19.3 near 
Echo shall open on signal if at least 14 days notice is given.
    (b) The draw of the S12 Bridge, mile 40.8, at Starks, need not be 
opened for the passage of vessels.

[CGD08-95-017, 61 FR 4887, Feb. 9, 1996, as amended by USCG-2009-0101, 
74 FR 41633, Aug. 18, 2009; USCG-2012-1065, 78 FR 13243, Feb. 27, 2013]



Sec.  117.494  Schooner Bayou Canal.

    The draw of the S82 bridge, mile 4.0 from White Lake at Little 
Prairie Ridge, shall open on signal; except that, from 10 p.m. to 6 a.m. 
the draw shall open on signal if at least four hours notice is given. 
The draw shall open on less than four hours notice for an emergency and 
shall open on signal should a temporary surge in waterway traffic occur.

[CGD 8-85-11, 50 FR 37175, Sept. 12, 1985]



Sec.  117.495  Superior Oil Canal.

    The draw of the S82 bridge, mile 6.3, in Cameron Parish shall open 
on signal if at least 8 hours notice is given. Public vessels of the 
United States and vessels in distress shall be passed as soon as 
possible.

[CGD08-94-029, 60 FR 4561, Jan. 24, 1995]



Sec.  117.497  Stumpy Bayou.

    The removable span of the Louisiana highway bridge, mile 1.0 near 
Weeks Island, shall be removed for the passage of vessels if at least 
six days notice is given.



Sec.  117.499  Tante Phine Pass.

    The draw of the Tidewater Associated Oil Company bridge, mile 7.6 
near Venice, shall open on signal if at least 24 hours notice is given.



Sec.  117.500  Tchefuncta River.

    The draw of the S22 Bridge, mile 2.5, at Madisonville, shall open on 
signal, from 7 p.m. to 6 a.m. From 6 a.m. to 7 p.m., the draw need only 
open on the hour and half hour, except that, from 6 a.m. to 9 a.m. and 
from 4 p.m. to 7 p.m. Monday through Friday except Federal holidays, the 
draw need only open on the hour.

[USCG-2007-0079, 73 FR 12888, Mar. 11, 2008]



Sec.  117.501  Teche Bayou.

    (a) The draws of the following bridges shall open on signal if at 
least four hours notice is given:
    (1) St. Mary Parish bridge, mile 3.9 at Calumet.
    (2) St. Mary Parish bridge, mile 11.8 at Centerville.
    (3) S3069 bridge, mile 16.3 at Franklin.
    (4) S322 bridge, mile 17.2 at Franklin.
    (5) S323 bridge, mile 22.3 at Oaklawn.
    (6) St. Mary Parish bridge, mile 27.0 at Baldwin.
    (7) S324 bridge, mile 32.5 at Charenton.
    (8) S670 bridge, mile 37.0 at Adeline.

[[Page 618]]

    (9) St. Mary Parish bridge, mile 38.9 at Sorrel.
    (10) S671 bridge, mile 41.8 at Jeanerette.
    (11) S3182 bridge, mile 43.5 at Jeanerette.
    (12) LSU Agri bridge, mile 46.5 near Jeanerette (notice required for 
opening from 7 a.m. to 5 p.m., Monday through Friday except holidays).
    (13) S320 bridge, mile 48.7 at Olivier.
    (14) S3195 bridge, mile 50.4 at New Iberia.
    (15) S87 Spur bridge, mile 52.5 at New Iberia.
    (16) S86 bridge, mile 53.0 at New Iberia.
    (17) S3156 bridge, mile 53.3 at New Iberia.
    (18) S44 bridge, mile 56.7 at Morbihan.
    (19) Iberia Parish bridge, mile 58.0 at New Iberia.
    (20) Iberia Parish bridge, mile 60.7 at Vida.
    (21) S344 bridge, mile 62.5 at Loreauville.
    (22) S86 bridge, mile 69.0 at Daspit.
    (23) S92 bridge, mile 73.3 at St. Martinville.
    (b) The draws of the S96 bridge, mile 75.2 at St. Martinville, and 
the S350 bridge, mile 82.0 at Parks, shall open on signal if at least 24 
hours notice is given.
    (c) The draws of the S31 bridge, mile 90.5, at Breaux Bridge, and 
the Union Pacific railroad bridge, mile 91.0 at Breaux Bridge, shall 
open on signal if at least 48 hours notice is given.
    (d) The draws of the bridges listed in paragraph (a) of this section 
shall open on less than four hours notice for an emergency during the 
advance notice period, and shall open on signal should a temporary surge 
in waterway traffic occur.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 08-83-04, 49 
FR 35936, Sept. 13, 1984; CGD 8-85-16, 50 FR 50164, Dec. 9, 1985; CGD8-
86-09, 52 FR 3225, Feb. 3, 1987; CGD8-89-12, 54 FR 53056, Dec. 27, 1989; 
CGD08-93-015, 58 FR 43264, Aug. 16, 1993; USCG-1998-3799, 63 FR 35527, 
June 30, 1998; CGD08-03-032, 68 FR 55006, Sept. 22, 2003]



Sec.  117.503  Tensas River.

    The draws of the S15 bridge, mile 27.3 at Clayton, and the S128 
bridge, mile 61.0 at New Light, shall open on signal if at least 48 
hours notice is given.

[CGD08-04-034, 69 FR 60556, Oct. 12, 2004]



Sec.  117.505  Terrebonne Bayou.

    (a) The draw of the S58 bridge, mile 22.2 at Montegut, and the draw 
of the S55 bridge, mile 27.3 at Klondyke, shall open on signal; except 
that from 9 p.m. to 5 a.m. the draws shall open on signal if at least 
four hours notice is given.
    (b) The draw of the St. Ann bridge, mile 28.8 at Bourg, shall open 
on signal if at least 24 hours notice is given.
    (c) The draw of the S3087 bridge, mile 33.9 at Houma, shall open on 
signal; except that, from 5 p.m. to 9 a.m. the draw shall open on signal 
if at least four hours notice is given.
    (d) The draws of the Howard Avenue bridge, mile 35.0, and the 
Daigleville bridge, mile 35.5, at Houma, shall open on signal; except 
that, the draws need not open for the passage of vessels Monday through 
Friday, except holidays from 7 a.m. to 8:30 a.m. and 4:30 p.m. to 6 p.m. 
From 10 p.m. to 6 a.m., the draws shall open on signal if at least four 
hours notice is given.
    (e) During advance notice periods, the draws of the bridges listed 
in this section shall open on less than four hours notice for an 
emergency and shall open on signal should a temporary surge in waterway 
traffic occur.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 08-84-09, 50 
FR 7586, Feb. 25, 1985; CGD8-89-02, 54 FR 27642, June 30, 1989; CGD8-89-
02, 54 FR 34769, Aug. 22, 1989; CGD8-93-03, 58 FR 29973, May 25, 1993; 
CGD08-01-003, 66 FR 52687, Oct. 17, 2001; CGD08-04-028, 69 FR 49813, 
Aug. 12, 2004; USCG-2013-1072, 79 FR 8273, Feb. 12, 2014]



Sec.  117.507  Tigre Bayou.

    The draw of the S330 bridge, mile 2.3 near Delcambre, shall open on 
signal if at least four hours notice is given. The draw shall open on 
less than four hours notice for an emergency and shall open on signal 
should a temporary surge in waterway traffic occur.

[CGD 8-85-08, 50 FR 52774, Dec. 26, 1985]



Sec.  117.509  Vermilion River.

    (a) The draw of the S82 bridge, mile 22.4 at Perry, shall open on 
signal; except that, from 9 p.m. to 5 a.m. the

[[Page 619]]

draw shall open on signal if at least four hours notice is given.
    (b) The draws of the following bridges shall open on signal; except 
that, from 6 p.m. to 10 a.m. the draws shall open on signal if at least 
four hours notice is given:
    (1) S14 bridge, mile 25.4 at Abbeville.
    (2) S14 Bypass bridge, mile 26.0 at Abbeville.
    (3) Vermilion Parish bridge, mile 34.2 near Milton.
    (4) S92 bridge, mile 37.6 at Milton.
    (c) The draws of the following bridge shall open on signal if at 
least four hours notice is given:
    (1) S733, mile 41.0 at Eloi Broussard.
    (2) S3073 bridge, mile 44.9 at New Flanders.
    (3) S182 bridge, mile 49.0 at Lafayette.
    (d) During the advance notice periods, the draws of the bridges 
listed in this section shall open on less than four hours notice for an 
emergency and shall open on signal should a temporary surge in waterway 
traffic occur.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 08-83-05, 49 
FR 31868, Aug. 9, 1984; CGD 8-85-13, 50 FR 40832, Oct. 7, 1985]



Sec.  117.511  West Pearl River.

    The draw of the US 90 bridge, mile 7.9 near Pearlington, shall open 
on signal if at least four hours notice is given.

[USCG-2014-0197, 79 FR 33863, June 13, 2014]

                                  Maine



Sec.  117.521  Back Cove.

    The draw of the Canadian National railroad bridge, mile 0.2 at 
Portland, need not be opened for the passage of vessels. The draw shall 
be returned to operable condition within six months after notification 
from the District Commander to do so.



Sec.  117.523  Back River.

    The draw of the Maine Department of Transportation highway bridge, 
mile 4.6 between Hodgdon and Barters Island at Boothbay, shall open on 
signal from June 1 through October 31; except that, from 5 p.m. to 8 
a.m., the draw shall be opened on signal if notice was given to the 
drawtender from 8 a.m. to 5 p.m. From November 1 through May 31 the draw 
shall open on signal if at least 24 hours notice is given to the 
drawtender or to the Maine Department of Transportation at Augusta.



Sec.  117.525  Kennebec River.

    The draw of the Carlton Bridge, mile 14.0, between Bath and Woolwich 
shall operate as follows:
    (a) From May 15 through September 30 the draw shall open on signal; 
except that, from 5 p.m. to 8 a.m., the draw shall open on signal if a 
two-hour notice is given by calling the number posted at the bridge.
    (b) From October 1 through May14 the draw shall open on signal; 
except that, from 5 p.m. to 8 a.m., the draw shall open on signal after 
a twenty-four hours notice is given from 8 a.m. to 5 p.m., on Saturday 
and Sunday, after an eight-hour notice is given by calling the number 
posted at the bridge.

[USCG-2016-0344, 81 FR 36167, June 6, 2016]



Sec.  117.527  Kennebunk River.

    The Dock Square drawbridge at mile 1.0, across the Kennebunk River, 
between Kennebunk and Kennebunkport, Maine, need not open for vessel 
traffic. The owners of the bridge shall provide and keep in good legible 
condition, two board gages in accordance with 33 CFR 118.160, of this 
chapter.

[CGD01-99-024, 64 FR 60673, Nov. 8, 1999]



Sec.  117.529  Narraguagus River.

    The draw of the highway bridge, mile 1.8 at Milbridge, shall open on 
signal if at least 24 hours notice is given to the Maine State Highway 
Commission, Division Office at Ellsworth.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984]



Sec.  117.531  Piscataqua River.

    (a) The following requirements apply to all bridges across the 
Piscataqua River:
    (1) Public vessels of the United States, commercial vessels over 100 
gross tons, inbound ferry service vessels and inbound commercial fishing 
vessels must be passed through the drawspan of each drawbridge as soon 
as possible. The opening signal from these vessels is four or more short 
blasts of a whistle, horn or a radio request.

[[Page 620]]

    (2) The owners of these bridges shall provide and keep in good 
legible condition clearance gauges for each draw with figures not less 
than 18 inches high designed, installed and maintained according to the 
provisions of Sec.  118.160 of this chapter.
    (3) Trains and locomotives shall be controlled so that any delay in 
opening the draw shall not exceed five minutes. However, if a train 
moving toward the bridge has crossed the home signal for the bridge 
before the signal requesting opening of the bridge is given, that train 
may continue across the bridge and must clear the bridge interlocks 
before stopping.
    (4) Except as provided in paragraphs (b) through (c) of this section 
the draws shall open on signal.
    (b) The draw of the Memorial (US 1) bridge, mile 1.9, shall open on 
signal; except that from 15 May through 31 October, from 7 a.m. to 7 
p.m., the draw need be opened only on the hour and half hour for 
recreational vessels and commercial vessels less than 100 gross tons 
except as provided in (a)(1).
    (c) The draw of the Sarah M. Long (Route 1 Bypass) bridge, mile 2.5, 
shall open as follows:
    (1) The main ship channel draw shall open on signal; except that 
from 15 May through 31 October, from 7 a.m. to 7 p.m., the draw need be 
opened only at quarter of and quarter after the hour for recreational 
vessels and commercial vessels less than 100 gross tons except as 
provided in (a)(1).
    (2) The secondary recreation draw shall be left in the fully open 
position from 15 May through 31 October except for the crossing of a 
train in accordance with (a)(3) above.

[CGD1-89-111, 55 FR 13275, Apr. 10, 1990, as amended by USCG-2001-10881, 
71 FR 70311, Dec. 4, 2006; USCG-2014-0410, 79 FR 38433, July 7, 2014]



Sec.  117.533  Sheepscot River.

    The draw of the Maine Central Railroad Bridge, mile 15.0, between 
Wiscasset and North Edgecombe, Maine, need not be opened for the passage 
of vessels. The draw of the Maine Central Railroad Bridge shall be 
returned to operable condition within six months after notification by 
the District Commander to do so.

[CGD01-97-128, 63 FR 18323, Apr. 15, 1998]



Sec.  117.537  Townsend Gut.

    The draw of the Southport (SR27) Bridge, at mile 0.7, across 
Townsend Gut between Boothbay Harbor and Southport, Maine shall open on 
signal; except that, from April 29 through September 30, between 6 a.m. 
and 6 p.m., the draw shall open on signal on the hour and half hour 
only, after an opening request is given.

[CGD01-06-019, 71 FR 47098, Aug. 16, 2006]

                                Maryland



Sec.  117.543  Bear Creek.

    (a) The draw of the Peninsula Parkway Bridge, mile 2.1, between 
Dundalk and Sparrows Point, shall open on signal; except that, from 
April 16 through November 15 from 12 midnight to 8 a.m. except Saturdays 
and Sundays, and Federal and State holidays, at least one half hour 
notice is required.
    (b) The draw of the Baltimore County highway bridge, mile 3.4 at 
Wise Avenue between Dundalk and Sparrows Point, shall open on signal if 
at least four hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by USCG-2011-0816, 
76 FR 65120, Oct. 20, 2011]



Sec.  117.547  Bush River.

    The draw of the Amtrak Bridge, mile 6.8 at Perryman, shall operate 
as follows:
    (a) Shall open twice a day from May 1 through October 31, on 
Saturdays, Sundays, and Federal holidays that fall on a Friday or a 
Monday, when a proper request has been received.
    (b) Request for an opening is given to the Amtrak Assistant Division 
Engineer at 410-642-1588 and or email at [email protected] 
by an authorized representative of the Bush River Yacht Club no later 
than noon on the Friday just preceding the day of opening or, if that 
Friday is a Federal holiday, no later than noon on the preceding 
Thursday.
    (c) Amtrak determines the times for openings and shall schedule the 
times:

[[Page 621]]

    (1) During daylight hours, six to ten hours apart; and
    (2) One opening before noon and one after noon.
    (3) In emergent situations after notification is given to the 
numbers indicated in paragraph (b) of this section it can take up to six 
hours for the bridge to open.
    (d) Amtrak shall notify a representative of the Bush River Yacht 
Club of the times of all openings for the weekend (or extended weekend) 
in question no later than 6 p.m., on the Friday just preceding the 
weekend or, if that Friday is a Federal holiday, no later than 6 p.m., 
on the preceding Thursday.
    (e) Each opening shall be of sufficient duration to pass waiting 
vessels.
    (f) At all other times the draw need not open for the passage of 
vessels.

[USCG-2013-0972, 79 FR 30728, May 29, 2014]



Sec.  117.549  Cambridge Harbor.

    The draw of the S342 bridge, mile 0.1 at Cambridge, shall open on 
signal from 6 a.m. to 8 p.m.; except that, from 12 noon to 1 p.m. Monday 
through Friday, the draw need not be opened. The draw need not be opened 
from 8 p.m. to 6 a.m.



Sec.  117.551  Chester River.

    The draw of the S213 Bridge, mile 26.8, at Chestertown, shall open 
on signal if at least six hours notice is given.

[USCG-2009-0796, 75 FR 10174, Mar. 5, 2010]



Sec.  117.553  Choptank River.

    (a) The draw of the Maryland 331 bridge, mile 35.3, at Dover, shall 
open on signal from 6 a.m. to 6 p.m., year-round, and the draw shall 
remain closed from 6 p.m. to 6 a.m., year-round, unless 24 hours advance 
notice is given by calling (301) 820-8592 or (301) 745-2096.
    (b) The draw of the Conrail bridge, mile 50.9 at Denton, shall open 
on signal from May 30 through September 30 from sunrise to sunset and at 
all other times if at least four hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD5-90-059, 55 
FR 35622, Aug. 31, 1990]



Sec.  117.555  College Creek.

    The draws of the Naval Academy highway bridge, mile 0.3 at 
Annapolis, and the Maryland highway bridge, mile 0.4 at Annapolis, need 
not be opened for the passage of vessels.



Sec.  117.557  Curtis Creek.

    The draw of the I695 bridge, mile 1.0 at Baltimore, shall open on 
signal if at least a one-hour notice is given to the Maryland 
Transportation Authority in Baltimore.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by USCG-2010-0351, 
75 FR 49411, Aug. 13, 2010]



Sec.  117.559  Isle of Wight (Sinepuxent) Bay.

    The draw of the US 50 Bridge, mile 0.5, at Ocean City, shall open on 
signal, except:
    (a) From October 1 through April 30, from 6 p.m. to 6 a.m., the draw 
shall open if notice has been given to the bridge tender before 6 p.m.
    (b) From May 25 through September 15, from 9:25 a.m. to 9:55 p.m., 
the draw shall open at 25 minutes after and 55 minutes after the hour 
for a maximum of five minutes to let accumulated vessels pass, except 
that on Saturdays, from 1 p.m. to 5 p.m., the draw shall open on the 
hour for all waiting vessels and shall remain in the open position until 
all waiting vessels pass.
    (c) On July 4, the draw need not open from 10 p.m. until 11 p.m. to 
accommodate the annual July 4th fireworks show. Should inclement weather 
prevent the fireworks event from taking place as planned, the draw need 
not open from 10 p.m. until 11 p.m. on July 5th to accommodate the 
annual July 4th fireworks show.

[USCG-2010-0612, 76 FR 23187, Apr. 26, 2011, as amended by USCG-2011-
0697, 76 FR 70348, Nov. 14, 2011; USCG-2013-1021, 79 FR 35683, June 24, 
2014]



Sec.  117.561  Kent Island Narrows.

    The draw of the U.S. Route 50/301 bridge, mile 1.0, Kent Island 
Narrows, operates as follows:
    (a) From November 1 through April 30, the draw shall open on signal 
from 6 a.m. to 6 p.m. but need not be opened from 6 p.m. to 6 a.m.

[[Page 622]]

    (b) From May 1 through October 31, the draw shall open on signal on 
the hour and half-hour from 6 a.m. to 9 p.m., but need not be opened 
from 9 p.m. to 6 a.m.
    (c) The draw shall open on signal for public vessels of the United 
States, state and local government vessels used for public safety 
purposes, and vessels in distress. Operational information will be 
available 24 hours a day by calling 1-800-543-2515.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD5-87-055, 53 
FR 9888, Mar. 28, 1988; CGD05-05-019, 70 FR 38595, July 5, 2005]



Sec.  117.563  Marshyhope Creek.

    The draw of the S14 bridge, mile 5.8 at Brookview, need not be 
opened for the passage of vessels. The operating machinery shall be 
maintained in a serviceable condition.



Sec.  117.565  Miles River.

    The draw of the Route S370 bridge, mile 10.0 at Easton, Maryland, 
shall open on signal; except that from November 1 through March 31, 24 
hours a day, and from April 1 through October 31, from 6 p.m. to 6 a.m., 
a six-hour advance notice to the drawtender is required for bridge 
openings.

[CGD05-99-003, 64 FR 61209, Nov. 10, 1999]



Sec.  117.566  Patapsco River--Middle Branch.

    (a) The draw of the Hanover Street S2 bridge, mile 12.0 across the 
Middle Branch of the Patapsco River at Baltimore, will open on signal 
from 5 a.m. to 6:30 a.m., 9:30 a.m. to 4 p.m., and 6 p.m. to 9:00 p.m. 
The draw need not be opened from 6:30 a.m. to 9:30 a.m. and 4 p.m. to 6 
p.m.; however, fire boats, police boats, and other vessels engaged in 
emergency operations will be passed immediately during this period. When 
a vessel desires to pass the draw from 9 p.m. to 5 a.m., notice will be 
given to the superintendent of the bridge, either at the bridge before 9 
p.m. or at the superintendent's residence after 9 p.m. If the notice is 
given from 5 a.m. to 9 p.m. or if at least one half hour has elapsed 
since the notice was given, the draw will open promptly at the time 
requested.
    (b) The draw of the Western Maryland railroad bridge, mile 12.5 
across the Middle Branch of the Patapsco River at Baltimore, shall open 
on signal from 7 a.m. to 12 noon and 1 p.m. to 4 p.m. Monday through 
Friday except legal holidays. At all other times, the draw shall open if 
at least six hours notice is given. Marine firefighting equipment and 
pollution control vessels shall be passed as soon as possible but in no 
event more than 15 minutes after notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984. Redesignated and amended by 
USCG-2012-0306, 77 FR 37314, June 21, 2012]



Sec.  117.567  Patuxent River.

    The draw of S231 bridge, mile 18.5 at Benedict, shall open on 
signal; except that, from 6 p.m. to 6 a.m., the draw shall open on 
signal if notice is given to the Toll Captain at the Administration 
Building at the east end of the bridge before 6 p.m.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984]



Sec.  117.569  Pocomoke River.

    (a) The Conrail railroad bridge, mile 15.2, at Pocomoke City, shall 
open on signal, except between November 1 and March 31 the draw must 
open only if at least five hours advance notice is given.
    (b) The draw of the Route 675 bridge, mile 15.6, at Pocomoke City, 
shall open on signal, except between November 1 and March 31 the draw 
must open only if at least five hours advance notice is given.
    (c) The draw of the S12 bridge, mile 29.9, at Snow Hill, shall open 
on signal if at least five hours advance notice is given.

[CGD5-87-063, 53 FR 16548, May 10, 1988]



Sec.  117.570  Sassafras River.

    The draw of the Sassafras River (Route 213) bridge, mile 10.0 at 
Georgetown, Maryland, shall open on signal; except that from November 1 
through March 31, from midnight to 8 a.m., the draw need only open if at 
least a six-hour advance notice is given.

[CGD05-99-006, 64 FR 61207, Nov. 10, 1999]

[[Page 623]]



Sec.  117.571  Spa Creek.

    The S181 bridge, mile 0.4, at Annapolis, Maryland:
    (a) From May 1 to October 31, Monday through Friday, except Federal 
and State holidays:
    (1) The draw shall remain closed from 7:30 a.m. to 9:00 a.m. and 
from 4:30 p.m. to 7:30 p.m., except the draw shall open at 6:00 p.m. and 
7:00 p.m. for any vessels waiting to pass.
    (2) The draw shall open on the hour and the half-hour, from 9:00 
a.m. to 4:30 p.m.
    (3) The draw shall open on the hour and half hour, from 7:30 p.m. to 
7:30 a.m.
    (b) From November 1 to April 30, Monday through Friday, except 
Federal and State holidays:
    (1) The draw shall remain closed from 7:30 a.m. to 9:00 a.m. and 
from 4:30 p.m. to 6:00 p.m.
    (2) The draw shall open on signal from 9:00 a.m. to 4:30 p.m. and 
from 6:00 p.m. to 7:30 a.m.
    (c) On Saturdays, Sundays, and holidays year-round, the draw shall 
open on the hour and half-hour for vessels waiting to pass. Except on 
July 4th of every year from 8:30 p.m. to 11 p.m., the draw need not open 
for vessels, and in the event of inclement weather, the alternate date 
is July 5th.
    (d) The drawspan must always open on signal for public vessels of 
the United States.

[CGD5-90-002, 55 FR 4604, Feb. 9, 1990, as amended by CGD05-94-08, 59 FR 
44316, Aug. 29, 1994; CGD05-04-052, 69 FR 63066, Oct. 29, 2004; USCG-
2001-10881, 71 FR 70311, Dec. 4, 2006; USCG-2012-0306, 77 FR 37314, June 
21, 2012]



Sec.  117.573  Stoney Creek.

    The draw of the Stoney Creek (S173) bridge, mile 0.9, in Riviera 
shall open on signal, except:
    (a) From 6:30 a.m. to 9 a.m. and from 3:30 p.m. to 6:30 p.m., Monday 
through Friday except Federal and State holidays, the draw need be 
opened only at 7:30 a.m. and 5 p.m. if any vessels are waiting to pass.
    (b) From 11 a.m. to 7 p.m. on Saturday and from 12 p.m. to 5 p.m. on 
Sunday, the draw need be opened only on the hour and half hour.
    (c) Public vessels of the United States must be passed as soon as 
possible.

[CGD5-92-012, 57 FR 14643, Apr. 22, 1992, as amended by USCG-2001-10881, 
71 FR 70311, Dec. 4, 2006]



Sec.  117.575  Susquehanna River.

    The draw of the Conrail bridge, mile 1.0 at Havre de Grace, shall 
open on signal if at least 24 hours notice is given.



Sec.  117.577  Weems Creek.

    The draw of the S437 bridge, mile 0.7 at West Annapolis, shall open 
on signal from sunrise to sunset from May 1 through September 30. At all 
other times, the draw shall open on signal if at least five hours notice 
is given.



Sec.  117.579  Wicomico River (North Prong).

    The draws of the Main Street and U.S. 50 bridges, mile 22.4, 
Salisbury, Maryland shall open on signal if at least four hours notice 
is given by calling the telephone contact number at (410) 430-7461.

[CGD05-07-025, 72 FR 42307, Aug. 2, 2007]

                              Massachusetts



Sec.  117.585  Acushnet River.

    (a) The New Bedford-Fairhaven RT-6 Bridge, mile 0.0 will be opened 
promptly, provided proper signal is given, on the following schedule:
    (1) On the hour between 6 a.m. and 10 a.m. inclusive.
    (2) At a quarter past the hour between 11:15 a.m. and 6:15 p.m. 
inclusive.
    (3) At all other times on call.
    (b) The draw will be opened at any time for vessels whose draft 
exceeds 15 feet, for vessels owned or operated by the U.S. Government, 
the State of Massachusetts, or by local authorities.
    (c) Each opening of the draw, from the time vehicular traffic flow 
is stopped until the flow resumes, shall not exceed 15 minutes except 
for vessels whose draft exceeds 15 feet or in extraordinary 
circumstances.
    (d) From 6 p.m. on December 24 to midnight on December 25 and from 6 
p.m. on December 31 to midnight on January 1, the draw shall open on 
signal if at least a two-hour notice is

[[Page 624]]

given by calling the number posted at the bridge.

[CGD 1-84-10R, 49 FR 36841, Sept. 20, 1984, as amended by CGD01-00-135, 
65 FR 38207, June 20, 2000; USCG-2013-0397, 78 FR 39174, July 1, 2013; 
USCG-2016-0058, 81 FR 8843, Feb. 23, 2016]



Sec.  117.586  Annisquam River and Blynman Canal.

    The draw of the Blynman (SR127) Bridge shall open on signal, except 
that, from noon to 6 p.m. on Thanksgiving Day, 6 p.m. on December 24 to 
midnight on December 25, and from 6 p.m. on December 31 to midnight on 
January 1, the draw shall open on signal if at least a two-hour advance 
notice is given by calling the number posted at the bridge.

[CGD01-04-096, 69 FR 67058, Nov. 16, 2004]



Sec.  117.587  Apponagansett River.

    (a) The draw of the Padanaram Bridge, mile 1.0, shall open on signal 
from 1 May through 31 October, between 6 a.m. and 9 p.m., daily, as 
follows:
    (1) The bridge shall open on signal, twice an hour, on the hour and 
half hour between 6 a.m. and 9 a.m. and between 8 p.m. and 9 p.m.
    (2) The bridge shall open on signal, once an hour, on the hour 
between 9 a.m. and 8 p.m.
    (b) At all other times the bridge shall open if at least four (4) 
hours advance notice is given.
    (c) The owners of this bridge shall provide and maintain mooring 
facilities for vessels to make fast while waiting for the bridge to 
open.
    (d) The owners of this bridge shall provide and keep in good legible 
condition, clearance gauges for each draw with figures not less than 
twelve (12) inches high designed, installed and maintained according to 
the provisions of section 118.160 of this chapter.

[CGD01-95-008, 60 FR 29761, June 6, 1995, as amended at USCG-2011-0335, 
76 FR 64010, Oct. 17, 2011]



Sec.  117.588  Bass River.

    The Hall Whitaker Bridge, mile 0.6 at Beverly, shall operate as 
follows:
    (a) Public vessels of the United States must be passed as soon as 
possible.
    (b) The owners of this bridge shall provide and keep in good legible 
condition clearance gauges for each draw with figures not less than 12 
inches high designed, installed and maintained according to the 
provisions of Sec.  118.160 of this chapter.
    (c) That the drawspan for the Hall Whitaker Drawbridge must open on 
signal if at least 24 hours notice is given.

[CGD1-91-015, 56 FR 41460, Aug. 21, 1991, as amended by USCG-2001-10881, 
71 FR 70311, Dec. 4, 2006]



Sec.  117.589  Cape Cod Canal.

    The draw of the Conrail railroad bridge, mile 0.7 at Bourne, shall 
operate as follows:
    (a) The draw is normally in the fully open position except for the 
passage of trains or for maintenance. No signal is required if the draw 
is in the fully open position.
    (b) If the draw is not in the fully open position, the opening 
signal is one prolonged and one short blast.
    (c) Signals to be sounded from the bridge are--
    (1) Immediately preceding the opening of the draw, one prolonged 
blast;
    (2) Immediately preceding the closing of the draw, two prolonged 
blasts;
    (3) When a vessel has sounded the opening signal and the draw cannot 
be opened immediately, five short blasts in a rapid succession; and
    (4) When the draw is closed and visibility is reduced in foggy 
weather, five short blasts in rapid succession every two minutes.



Sec.  117.591  Charles River and its tributaries.

    (a) The following requirements apply to all bridges across the 
Charles River and it's tributaries:
    (1) Public vessels of the United States, state or local vessels used 
for public safety, and vessels in distress shall be passed through the 
draw of each bridge as soon as possible without delay at any time. The 
opening signal from these vessels is four or more short blasts of a 
whistle or horn, or a radio request.

[[Page 625]]

    (2) The owners of these bridges shall provide and keep in good 
legible condition clearance gauges for each draw with figures not less 
than 12 inches high designed, installed and maintained according to the 
provisions of Sec.  118.160 of this chapter.
    (3) Trains and locomotives shall be controlled so that any delay in 
opening the draw span shall not exceed ten minutes. However, if a train 
moving toward the bridge has crossed the home signal for the bridge 
before the signal requesting opening of the bridge is given, that train 
may continue across the bridge and must clear the bridge interlocks 
before stopping.
    (4) Except as provided in paragraph (b) through (f) of this section, 
the draws shall open on signal.
    (b) The draw of the Charlestown Bridge, mile 0.4 at Boston, need not 
be opened for the passage of vessels.
    (c) The draw of the Massachusetts Bay Transportation Authority 
(MBTA/Amtrak Bridge, mile 0.8, at Boston, shall open on signal; except 
that from 6:15 a.m. to 9:10 a.m. and 4:15 p.m. to 6:30 p.m., Monday 
through Friday, except holidays, the draw need not be opened for the 
passage of vessels, except as stated in paragraph (a)(1) of this 
section.
    (d) The draw of the Massachusetts Bay Transportation Authority (East 
Cambridge Viaduct) railroad Bridge, mile 1.0 at Boston, need not be 
opened for the passage of vessels. However, the operating machinery of 
the draw shall be maintained in an operable condition.
    (e) The draw of the Massachusetts Department of Transportation 
(Craigie) Bridge, mile 1.0 at Boston, shall operate as follows:
    (1) Open on signal; except that from 6:15 a.m. to 9:10 a.m. and 3:15 
p.m. to 6:30 p.m., Monday through Friday, except holidays, the draw need 
not open for the passage of vessels, except as stated in paragraph 
(a)(1) of this section.
    (2) From December 1 to March 31, the draw shall open on signal after 
a 24 hour advance notice is given.
    (3) From midnight to 8 a.m., April, May, October, and November, the 
draw shall open on signal after at least an eight-hour advance notice is 
given.
    (f) The draws of the bridges across Broad Canal, mile 0.0, need not 
open for the passage of vessels. However, the draws shall be returned to 
operable condition within one year after notification by the District 
Commander to do so.

[CGD1 91-141, 57 FR 30405, July 9, 1992, as amended by CGD01-02-026, 68 
FR 59116, Oct. 14, 2003; USCG-2015-0433, 80 FR 44281, July 27, 2015]



Sec.  117.593  Chelsea River.

    All drawbridges across the Chelsea River shall open on signal. The 
opening signal for each drawbridge is two prolonged blasts followed by 
two short blasts and one prolonged blast. The acknowledging signal is 
three prolonged blasts when the draw can be opened immediately and is 
two prolonged blasts when the draw cannot be opened or is open and must 
be closed.



Sec.  117.595  Danvers River.

    (a) The requirements in this paragraph apply to all bridges across 
the Danvers River:
    (1) The owners of these bridges shall provide and keep in good 
legible condition clearance gauges for each draw with figures not less 
than 12 inches high, designed, installed, and maintained according to 
the provisions of Sec.  118.160 of this chapter.
    (2) Trains and locomotives shall be controlled so that any delay in 
opening the draw span shall not exceed ten minutes. However, if a train 
moving toward the bridge has crossed the home signal for the bridge 
before the signal requesting opening of the bridge is given, that train 
may continue across the bridge and must clear the bridge interlocks 
before stopping.
    (b) The draw of the Massachusetts Bay Transportation Authority 
(MBTA)/AMTRAK Bridge, at mile 0.05, between Salem and Beverly, shall 
open on signal; except that, from midnight to 5 a.m., daily, and on 
December 25 and January 1, the draw shall open as soon as possible, but 
not more than one hour after notice is given to the drawtenders either 
at the bridge during the time the drawtenders are on duty or by calling 
the number posted at the bridge.
    (c) The Kernwood Bridge, at mile 1.0, shall operate as follows:

[[Page 626]]

    (1) From May 1 through September 30, midnight to 5 a.m., and from 
October 1 through April 30, 7 p.m. to 5 a.m., draw shall open on signal 
after at least a one-hour advance notice is given by calling the number 
posted at the bridge.
    (2) From noon to 6 p.m. on Thanksgiving Day and all day on Christmas 
and New Years Day, the draw shall open on signal after at least a one-
hour advance notice is given by calling the number posted at the bridge.

[CGD01-99-148, 64 FR 46275, Aug. 25, 1999, as amended by CGD01-04-096, 
69 FR 67058, Nov. 16, 2004]



Sec.  117.597  Dorchester Bay.

    The draw of the of the William T. Morrisey Boulevard Bridge, mile 
0.0, at Boston, shall operate as follows:
    (a) From 7:30 a.m. to 9 a.m. and 4:30 p.m. to 6 p.m., Monday through 
Friday, except holidays, the draw need not open for the passage of 
vessel traffic.
    (b) The draw shall open on signal from April 16 through May 31, from 
8 a.m. through midnight, except as provided in paragraph (a) of this 
section. From midnight through 8 a.m. at least an eight-hour advance 
notice is required for bridge openings.
    (c) The draw shall open on signal at all times from June 1 through 
September 30, except as provided in paragraph (a) of this section.
    (d) The draw shall open on signal from October 1 through October 14, 
8 a.m. through midnight, except as provided in paragraph (a) of this 
section. From midnight through 8 a.m. at least an eight-hour advance 
notice is required for bridge openings.
    (e) The draw shall open on signal from October 15 through April 15, 
after at least a 24 hours notice is given, except as provided in 
paragraph (a) of this section.

[CGD01-02-026, 68 FR 59116, Oct. 14, 2003]



Sec.  117.598  Eel Pond Channel.

    The following requirements apply to the draw of Eel Pond (Water 
Street) drawbridge at mile 0.0 at Falmouth, Massachusetts.
    (a) The draw shall open at all times as soon as possible for a 
public vessels of the United States, State or local vessels used for 
public safety, and vessels in distress. The opening signal for these 
vessels shall be four or more short blast of a whistle, horn, or radio 
request.
    (b) The owners of this bridge shall provide and keep in good legible 
condition clearance gauges for each draw with figures not less than 12 
inches high designed, installed and maintained according to the 
provisions of section 118.160 of this chapter.
    (c) The draw shall operate as follows:
    (1) On signal from October 15 through May 14, from 8 a.m. to 5 p.m. 
except as provided in paragraph (c)(3)(i) of this section.
    (2) Need open on signal only on the hour and half hour as follows:
    (i) From May 15 through June 14 and from September 16 through 
October 14, from 7 a.m. to 7 p.m.
    (ii) From June 15 through September 15, from 6 a.m. to 9 p.m.
    (3) The draw shall open on signal if at least 8 hours advance notice 
is given:
    (i) At all times on Christmas, New Years, Easter and all Sundays in 
January and February.
    (ii) At all other times not stipulated in paragraphs (c)(1) and 
(c)(2) of this section.

[CGD1 90-024, 55 FR 20263, May 16, 1990]



Sec.  117.599  Fort Point Channel.

    The draw of the Northern Avenue Bridge, mile 0.1, at Boston, shall 
operate as follows:
    (a) From May 1 through October 31, the draw shall open on signal 
from 7 a.m. to 11 p.m. From 11 p.m. to 7 a.m. the draw shall open on 
signal if at least a two-hour advance notice is given by calling the 
number posted at the bridge.
    (b) From November 1 through April 30, the draw shall open on signal 
from 7 a.m. to 3 p.m. From 3 p.m. to 7 a.m. the draw shall open on 
signal if at least a twenty-four hours advance notice is given by 
calling the number posted at the bridge.

[CGD01-00-234, 66 FR 10817, Feb. 20, 2001]



Sec.  117.600  Lagoon Pond.

    The draw of the Lagoon Pond Bridge, mile 0.0 in Tisbury, 
Massachusetts, shall operate as follows:

[[Page 627]]

    (a) The draw shall open on signal from May 15 through September 15, 
from 8:15 a.m. to 8:45 a.m., from 10:15 a.m. to 11 a.m., from 3:15 p.m. 
to 4 p.m., from 5 p.m. to 5:45 p.m., and from 7:30 p.m. to 8 p.m. At all 
other times the draw will open for the passage of vessels if at least 
four (4) hours advance notice is given by calling the number posted at 
the bridge.
    (b) The draw shall open on signal from September 16 through May 14 
if at least a twenty-four (24) hours advance notice is given by calling 
the number posted at the bridge.
    (c) The owners of this bridge shall provide and keep in good legible 
condition, clearance gauges for each draw with figures not less than 
twelve (12) inches high designed, installed and maintained according to 
the provisions of section 118.160 of this chapter.

[CGD01-95-001, 60 FR 51729, Oct. 3, 1995]



Sec.  117.601  Malden River.

    The draw of the S16 bridge, mile 0.3 between Medford and Everett, 
need not be opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984]



Sec.  117.603  Manchester Harbor.

    The Massachusetts Bay Transportation Authority Bridge at mile 1.0 in 
Manchester, shall operate as follows:
    (a) The draw shall open on signal--
    (1) From Memorial Day through September 30 from 7 a.m. to 11 p.m.;
    (2) From April 1 to Memorial Day and from October 1 to November 1 
from 9 a.m. to 1 p.m. and 2 p.m. to 6 p.m.
    (b) At all other times, the draw shall open on signal with at least 
four hours notice.
    (c) The owner of this bridge shall provide and keep in good legible 
condition, clearance gauges for each draw with figures not less than 
twelve (12) inches high designed, installed and maintained in accordance 
with the provisions of section 118.160 of this chapter.

[CGD01-97-022, 62 FR 50509, Sept. 26, 1997]



Sec.  117.605  Merrimack River.

    (a) The draw of the Newburyport US1 Bridge, mile 3.4, shall operate 
as follows:
    (1) From May 1 through November 15, from 6 a.m. to 10 p.m., the draw 
shall open on signal; except that, from Memorial Day through Labor Day, 
from 6 a.m. to 10 p.m., the draw shall open on signal only on the hour 
and half hour.
    (2) At all other times the draw shall open on signal after at least 
a one-hour advance notice is given by calling the number posted at the 
bridge.
    (b) The draw of the Massachusetts Bay Transportation Authority 
(MBTA) railroad bridge, mile 3.4 at Newburyport, is normally maintained 
in the fully open position. When the draw is in the closed position, a 
drawtender shall be on duty and the draw shall open on signal.
    (c) The drawspans for the Massachusetts Department of Transportation 
drawbridges, mile 5.8 at Newburyport and mile 12.6 at Rock Village, and 
Groveland Drawbridge, mile 16.5 at Groveland, must open on signal if at 
least two hours notice is given. Public vessels of the United States 
must be passed through the drawspans as soon as possible.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD01-94-094, 60 
FR 58518, Nov. 28, 1995; CGD01-99-029, 65 FR 24640, Apr. 27, 2000; USCG-
2001-10881, 71 FR 70311, Dec. 4, 2006; USCG-2015-0433, 80 FR 44281, July 
27, 2015]



Sec.  117.607  Mitchell River.

    The Chatham Highway Bridge, at mile 0.2, at Chatham, Massachusetts, 
shall operate as follows:
    (a) From May 1 through October 31, the draw shall open on signal 
from 8 a.m. to 5 p.m., if at least one-hour notice is given and from 5 
p.m. to 8 a.m. the draw shall open on signal if at least 12-hours notice 
is given by calling the Chatham Harbormasters Department.
    (b) From November 1 through April 30, the draw shall open on signal 
if at least a 24-hours advance notice is given by calling the Chatham 
Harbormasters Department.

[CGD01-05-006, 70 FR 32235, June 2, 2005]



Sec.  117.609  Mystic River.

    (a) The draw of the S99 Alford Street Bridge, mile 1.4, shall open 
on signal; except that, Monday through Saturday, excluding holidays, the 
draw need

[[Page 628]]

not open for the passage of vessel traffic from 7:45 a.m. to 9 a.m., 
9:10 a.m. to 10 a.m., and 5 p.m. to 6 p.m., daily. From November 1 
through March 31, between 3 p.m. and 7 a.m., at least an eight-hour 
advance notice is required for bridge openings by calling the number 
posted at the bridge.
    (b) The draw of the Wellington Bridge, mile 2.5, need not open for 
the passage of vessel traffic.

[CGD01-02-020, 67 FR 63261, Oct. 11, 2002]



Sec.  117.611  Neponset River.

    The Granite Avenue Bridge, mile 2.5, between Boston and Milton, 
Massachusetts, shall operate as follows:
    (a) The draw of the Granite Avenue Bridge shall open on signal from 
May 1 through October 31; 6 a.m. to 12 midnight. At all other times the 
draw shall open on signal if at least one hour advance notice is given 
by calling the number posted at the bridge.
    (b) The owners of this bridge shall provide and keep in good legible 
condition, clearance gauges for each draw with figures not less than 
twelve (12) inches high designed, installed and maintained according to 
the provisions of Sec.  118.160 of this chapter.

[CGD01-94-087, 60 FR 54432, Oct. 24, 1995]



Sec.  117.613  North River.

    The draw of the Plymouth County (Bridge Street) Bridge, mile 4.0, at 
Norwell, shall open on signal from May 1 through October 31 if at least 
four hours notice is given. From November 1 through April 30, the draw 
shall open on signal if at least 24 hours notice is given.

[CGD01-97-126, 63 FR 18323, Apr. 15, 1998]



Sec.  117.615  Plum Island River.

    The draw of the Plum Island Turnpike Bridge, mile 3.3 between 
Newburyport and Plum Island, shall operate as follows:
    (a) From April 1 through November 30, 5 a.m. to 9 p.m., the draw 
shall open on signal if at least one hour advance notice is given by 
calling the number posted at the bridge. At all other times the draw 
shall open on signal if at least three hours advance notice is given.
    (b) The owners of this bridge shall provide and keep in good legible 
condition, clearance gauges for each draw with figures not less than 
twelve (12) inches high, designed, installed and maintained according to 
the provisions of Sec.  118.160 of this chapter.

[CGD01-94-057, 60 FR 54431, Oct. 24, 1995]



Sec.  117.618  Saugus River.

    (a) The following requirements apply to all bridges across the 
Saugus River:
    (1) Public vessels of the United States, state or local vessels used 
for public safety, and vessels in distress shall be passed through the 
draw of each bridge as soon as possible at any time. The opening signal 
from these vessels is four or more short blasts of a whistle or horn or 
a radio request.
    (2) The owners of these bridges shall provide and keep in good 
legible condition clearance gauges with figures not less than 12 inches 
high designed, installed and maintained according to provisions of Sec.  
118.160 of this chapter.
    (3) Trains and locomotives shall be controlled so that any delay in 
opening the draw span shall not exceed seven minutes. However, if a 
train moving toward the bridge has crossed the home signal for the 
bridge before the signal requesting opening of the bridge is given, the 
train may continue across the bridge and must clear the bridge 
interlocks before stopping.
    (b) The draw of the General Edwards SR1A Bridge, mile 1.7, between 
Revere and Lynn, shall open on signal at all times if at least a two-
hour advance notice is given by calling the number posted at the bridge.
    (c) The Fox Hill (SR107) Bridge, at mile 2.5, shall operate as 
follows:
    (1) The draw shall open on signal, except that, from October 1 
through May 31, from 7 p.m. to 5 a.m., the draw shall open after at 
least a one-hour advance notice is given by calling the number posted at 
the bridge.
    (2) From noon to 6 p.m. on Thanksgiving Day, and all day on 
Christmas, and New Years Day, the draw shall open on signal after at 
least a one-hour advance notice is given by calling the number posted at 
the bridge.

[CGD1 91-004, 56 FR 60064, Nov. 27, 1991, as amended by CGD01-94-150, 60 
FR 51730, Oct. 3, 1995; GD01-02-026, 68 FR 59116, Oct. 14, 2003; CGD01-
04-096, 69 FR 67058, Nov. 16, 2004; USCG-2014-0272, 79 FR 60977, Oct. 9, 
2014]

[[Page 629]]



Sec.  117.619  Taunton River.

    (a) The Brightman Street (Route-6) Bridge at mile 1.8, between Fall 
River and Somerset, shall operate as follows:
    (b) The draw shall open on signal between 5 a.m. and 9 p.m., daily. 
From 9 p.m. through 5 a.m. the draw shall open on signal after at least 
a one-hour advance notice is given by calling the number posted at the 
bridge.
    (c) From June 1 through August 31, the draw need not open for the 
passage of pleasure craft from 7 a.m. to 9:30 a.m. and from 4 p.m. to 
6:30 p.m., Monday through Friday, except holidays. The draw shall open 
for commercial vessels at all times.
    (d) From 6 p.m. on December 24 to midnight on December 25, and from 
6 p.m. on December 31 to midnight on January 1, the draw shall open on 
signal if at least a two-hour advance notice is given by calling the 
number posted at the bridge.
    (e) The owner of the bridge shall provide and keep in good legible 
condition clearance gauges located on both upstream and downstream sides 
of the draw with figures not less than twelve inches in height, 
designed, installed and maintained according to the provisions of Sec.  
118.160 of this chapter.
    (f) The draw of the Veterans Memorial Bridge, mile 2.1, across the 
Taunton River between Fall River and Somerset, shall operate as follows:
    (1) From 7 a.m. through 3 p.m. the draw shall open on signal.
    (2) From 3 p.m. through 7 a.m. the draw shall open on signal 
provided a two hour advance notice is given by calling the number posted 
at the bridge.

[USCG-2010-0234, 75 FR 51940, Aug. 24, 2010, as amended by USCG-2013-
0291, 78 FR 49920, Aug. 16, 2013]



Sec.  117.620  Westport River--East Branch.

    The Westport Point Bridge, mile 1.2 at Westport, shall operate as 
follows:
    (a) Public vessels of the United States must be passed as soon as 
possible.
    (b) The owners of this bridge shall provide and keep in good legible 
condition clearance gauges for each draw with figures not less than 12 
inches high designed, installed, and maintained, according to the 
provisions of Sec.  118.160 of this chapter.
    (c) That the drawspan for the Westport Point Drawbridge, mile 1.2 at 
Westport, must open on signal if at least 24 hours notice is given.

[CGD1-91-014, 56 FR 41462, Aug. 21, 1991, as amended by USCG-2001-10881, 
71 FR 70311, Dec. 4, 2006]



Sec.  117.621  Fore River.

    The draw of the Quincy Weymouth SR3A bridge, mile 3.5 between Quincy 
Point and North Weymouth, Massachusetts, shall open on signal, except 
that:
    (a) From 6:30 a.m. to 9 a.m. and from 4:30 p.m. to 6:30 p.m., Monday 
through Friday, except holidays observed in the locality, the draw need 
not be opened.
    (b) The draw shall open on signal at all times for self-propelled 
vessels greater than 10,000 gross tons.
    (c) From noon to 6 p.m. on Thanksgiving Day, from 6 p.m. on December 
24 to midnight on December 25, and from 6 p.m. on December 31 to 
midnight on January 1, the draw shall open on signal after at least a 
two-hour advance notice is given by calling the number posted at the 
bridge.

[CGD01-94-159, 60 FR 2688, Jan. 11, 1995, as amended by CGD01-00-135, 65 
FR 38207, June 20, 2000; CGD01-04-096, 69 FR 67058, Nov. 16, 2004]



Sec.  117.622  West Bay.

    The draw of the West Bay Bridge, mile 1.2, at Osterville, shall 
operate as follows:
    (1) From November 1 through April 30, the draw shall open on signal 
if at least a twenty-four hours advance notice is given.
    (2) From May 1 through June 15, the draw shall open on signal from 8 
a.m. to 6 p.m.
    (3) From June 16 through September 30, the draw shall open on signal 
from 7 a.m. to 9 p.m.
    (4) From October 1 through October 31, the draw shall open on signal 
from 8 a.m. to 6 p.m.
    (5) At all other times from May 1 through October 31, the draw shall 
open on signal if at least a four-hours advance notice is given by 
calling the number posted at the bridge.

[CGD01-01-038, 66 FR 46525, Sept. 6, 2001]

[[Page 630]]

                                Michigan



Sec.  117.624  Black River (South Haven).

    The draw of the Dyckman Avenue bridge, mile 1.9 at South Haven, 
shall open as follows:
    (a) From May 1 through October 14--
    (1) From 7 a.m. to 11 p.m., seven days a week the draw need open 
only on the hour and half-hour; however, Mondays through Fridays the 
draw need not open at 12 noon and 1 p.m. Commercial vessels shall be 
passed through the draw of this bridge as soon as possible even though 
this regulated period is in effect.
    (2) From 11 p.m. to 7 a.m., no bridgetender is required to be in 
continuous attendance at the bridge and the draw shall open on signal 
for commercial vessels and pleasure craft if at least a three hour 
advance notice is given.
    (b) From October 15 through April 30, the draw shall open on signal 
for the passage of commercial vessels and pleasure craft if at least a 
twelve hour advance notice is given.
    (c) At all times, the draw shall open as soon as possible for public 
vessels of the United States, state or local government vessels used for 
public safety and vessels in distress.

[CGD 09 85-21, 51 FR 13219, Apr. 18, 1986]



Sec.  117.625  Black River.

    (a) For all drawbridges across the Black River, notice requesting 
the opening of a draw may be given to the dispatcher of the Port Huron 
Police Department. Public vessels of the United States, state or local 
vessels used for public safety, and vessels in distress shall be passed 
through each drawbridge on the river as soon as possible.
    (b) The draws of the Military Street bridge, mile 0.3, and Seventh 
Street bridge, mile 0.5, both at Port Huron, shall open on signal; 
except that, from May 1 through October 31 from 9 a.m. to 5:30 p.m. 
Monday through Saturday except Federal holidays, the draw need be opened 
only on the hour and half hour and, from November 1 through November 30 
and April 1 through April 30 from 4 p.m. to 8 a.m., the draw shall open 
if at least three hours notice is given. From December 1 through March 
31, the draw shall open if at least 24 hours notice is given.
    (c) The draw of the Tenth Street bridge, mile 0.9 at Port Huron, 
shall open on signal--
    (1) From May 1 through October 31 from 8 a.m. to 11 p.m. and from 11 
p.m. to 8 a.m., if at least one hours notice is given;
    (2) From April 1 through April 30 and November 1 through November 
30, if at least three hours notice is given; and
    (3) From December 1 through March 31, if at least 24 hours notice is 
given.



Sec.  117.627  Cheboygan River.

    The draw of the US 23 highway bridge, mile 0.9 at Cheboygan shall 
operate as follows:
    (a) From April 1 through May 15 and from September 16 through 
December 14, the draw shall open on signal.
    (b) From May 16 through September 15--
    (1) Between the hours of 6 p.m. and 6 a.m., seven days a week, the 
draw shall open on signal.
    (2) Between the hours of 6 a.m. and 6 p.m., seven days a week, the 
draw need open only from three minutes before to three minutes after the 
quarter-hour and three-quarter hour.
    (c) From December 15 through March 31, no bridgetender is required 
to be at the bridge and the draw need not open unless a request to open 
the draw is given at least 12-hours in advance of a vessels intended 
time of passage through the draw.
    (d) At all times, the draw shall open as soon as possible for the 
passage of public vessels of the United States, State or local vessels 
used for public safety, commercial vessels, and vessels in distress.

[CGD09-91-03, 56 FR 37474, Aug. 7, 1991, as amended by CGD09-01-008, 66 
FR 32749, June 18, 2001]



Sec.  117.631  Detroit River (Trenton Channel).

    (a) The draw of the Grosse Ile Toll Bridge (Bridge Road), mile 8.8, 
at Grosse Ile, shall operate as follows:
    (1) From March 16 through December 14--
    (i) Between the hours of 7 a.m. and 11 p.m., seven days a week and 
holidays, the draw need open only from three

[[Page 631]]

minutes before to three minutes after the hour and half-hour for 
pleasure craft; for commercial vessels, during this period of time, the 
draw shall open on signal as soon as possible.
    (ii) Between the hours of 11 p.m. and 7 a.m., the draw shall open on 
signal for pleasure craft and commercial vessels.
    (2) From December 15 through March 15, no bridge tenders are 
required to be on duty at the bridge and the bridge shall open on signal 
if at least a twelve-hour advance notice is given.
    (b) The draw of the Wayne County highway bridge (Grosse Ile 
Parkway), mile 5.6, at Grosse Ile, shall operate as follows:
    (1) From March 16 through December 14--
    (i) Between the hours of 7 a.m. and 11 p.m., seven days a week and 
holidays, the draw need open only from three minutes before to three 
minutes after the quarter and three-quarter hour for pleasure craft, 
with no opening required at 7:45 a.m., 8:45 a.m., 4:15 p.m. and 5:15 
p.m., Monday through Friday, except holidays; for commercial vessels, 
during these periods of time, the draw shall open on signal as soon as 
possible.
    (ii) Between the hours of 11 p.m. and 7 a.m., the draw shall open on 
signal for pleasure craft and commercial vessels.
    (2) From December 15 through March 15, no bridgetenders are required 
to be on duty at the bridge and the bridge shall open on signal if at 
least a twelve-hour advance notice is given.
    (c) At all times, the bridges listed in this section shall open as 
soon as possible for public vessels of the United States, State or local 
government vessels used for public safety and vessels in distress.

[CGD09 87-07, 52 FR 39520, Oct. 22, 1987, as amended by USCG-2005-21531, 
70 FR 36349, June 23, 2005; USCG-2016-0988, 82 FR 15137, Mar. 27, 2017]



Sec.  117.633  Grand River.

    (a) Public vessels of the United States, state or local vessels used 
for public safety, commercial vessels, and vessels in distress shall be 
passed through the draw of each bridge as soon as possible.
    (b) The draw of the CSX Transportation Corp. railroad bridge, mile 
2.8 at Grand Haven, shall open on signal; except that, from December 15 
through March 15, the draw shall open on signal if at least 12 hours 
notice is given.
    (c) The draw of the U.S. Route 31 bridge, mile 2.9 at Grand Haven, 
shall open on signal for pleasure craft-
    (1) From March 16 through December 14, from 6:30 a.m. to 8:30 p.m., 
seven days a week, once an hour, on the half-hour; except the draw need 
not open for pleasure craft at 7:30 a.m., 12:30 p.m., and 5:30 p.m. on 
Monday, Tuesday, Thursday, and Friday, and at 7:30 a.m., 12:30 p.m., and 
4:30 p.m. on Wednesday.
    (2) From December 15 through March 15, if at least 12 hours notice 
is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD09-97-008, 62 
FR 43098, Aug. 12, 1997; USCG-2015-0373, 80 FR 34056, June 15, 2015]



Sec.  117.635  Keweenaw Waterway.

    The draw of the US41 bridge, mile 16.0 between Houghton and Hancock, 
shall open on signal; except that from April 15 through December 14, 
between midnight and 4 a.m., the draw shall be placed in the 
intermediate position and open on signal if at least 2 hours notice is 
given. From December 15 through April 14 the draw shall open on signal 
if at least 12 hours notice is given.

[USCG-2016-0582, 81 FR 66810, Sept. 29, 2016]



Sec.  117.637  Manistee River.

    (a) The draws of the Maple Street bridge, mile 1.1, and US-31 
highway bridge, mile 1.4, both at Manistee, shall operate as follows:
    (1) From May 1 through October 31, between 7 a.m. to 11 p.m., the 
bridges shall open on signal. From 11 p.m. to 7 a.m., the bridges need 
not open unless notice is given at least two hours in advance of a 
vessel's time of intended passage through the draws.
    (2) From November 1 through April 30, the bridges need not open 
unless notice is given at least 24 hours in advance of a vessel's time 
of intended passage through the draws.
    (b) The CSX Transportation railroad bridge, mile 1.5, at Manistee, 
shall open on signal from May 1 to October 31. From November 1 to April 
30, the

[[Page 632]]

bridge need not open unless notice is given at least 24 hours in advance 
of a vessel's time of intended passage through the draw.

[CGD 09-93-006, 58 FR 52442, Oct. 8, 1993, as amended by CGD09-97-014, 
62 FR 43931, Aug. 18, 1997]



Sec.  117.641  Pine River (Charlevoix).

    (a) The draw of the U.S. 31 bridge, mile 0.3 at Charlevoix, shall be 
operated as follows:
    (1) From April 1 through December 31, the draw shall open on signal; 
except from 6 a.m. to 10 p.m., April 1 to October 31, the draw need open 
only from three minutes before to three minutes after the hour and half-
hour for recreational vessels. Public vessels of the United States, 
state or local vessels used for public safety, commercial vessels, 
vessels in distress, and vessels seeking shelter from severe weather 
shall be passed through the draw as soon as possible.
    (2) From January 1, through March 31, the draw shall open on signal 
if at least 12 hours advance notice is provided prior to a vessel's 
intended time of passage.
    (b) The owner of the bridge shall provide and keep in good legible 
condition two board gauges painted white with black figures not less 
than six inches high to indicate the vertical clearance under the closed 
draw at all water levels. The gages shall be placed on the bridge so 
that they are plainly visible to operators of vessels approaching the 
bridge either up or downstream.

[CGD09-00-001, 65 FR 15240, Mar. 22, 2000]



Sec.  117.643  Pine River (St. Clair).

    The draw of the S29 bridge, mile 0.1 at St. Clair, shall open on 
signal from April 1 through November 30 from 2 a.m. to 8 a.m. and from 8 
a.m. to 2 a.m. on the hour and one-half hour. From December 1 through 
March 31, the draw shall open on signal if at least 24 hours notice is 
given. Public vessels of the United States, state or local vessels used 
for public safety, and vessels in distress shall be passed through the 
draw as soon as possible.



Sec.  117.647  Saginaw River.

    (a) The draws of the Lake State Railway Bridge, mile 3.10, and the 
Central Michigan Railroad Bridge, mile 4.94, both in Bay City, shall 
open on signal; except that from January 1 through March 31, the draws 
shall open on signal if at least 12 hours advance notice is provided.
    (b) The draws of the Independence Bridge, mile 3.88, Liberty Street 
Bridge, mile 4.99, Veterans Memorial Bridge, mile 5.60, and Lafayette 
Street Bridge, mile 6.78, all in Bay City, shall open on signal, except 
as follows:
    (1) From April 15 through November 1, between the hours of 6:30 a.m. 
and 7 p.m., Monday through Friday, except federal holidays, the draws of 
the Independence and Veterans Memorial Bridges need open for the passage 
of recreational vessels only from three minutes before to three minutes 
after the hour and half-hour, and the Liberty Street and Lafayette 
Street bridges need open for the passage of recreational vessels only 
from three minutes before to three minutes after the quarter-hour and 
three-quarter hour.
    (2) From January 1 through March 31, the draws of these bridges 
shall open on signal if at least 12 hours advance notice is provided.
    (c) The draw of the CSX railroad bridge, mile 18.0, need not be 
opened for the passage of vessels. The owner shall return the draw to an 
operable condition within a reasonable time when directed by the 
District Commander to do so.
    (d) The draw of the Grand Trunk Western railroad bridge, mile 19.2, 
need not be opened for the passage of vessels.

[USCG-2011-1013, 77 FR 21866, Apr. 12, 2012, as amended by USCG-2015-
0433, 80 FR 44281, July 27, 2015; USCG-2015-0934, 81 FR 11119, Mar. 3, 
2016]



Sec.  117.651  St. Joseph River.

    The draws of the US33 (Blossomland) bridge, mile 0.9, and the BL-94 
(Bicentennial) bridge, mile 1.3, both at St. Joseph, shall be operated 
as follows:
    (a) From March 1 through May 14, from October 1 through December 15, 
and from 8 p.m. to 7 a.m. from May 15 through September 30, the draws 
shall open on signal.

[[Page 633]]

    (b) From 7 a.m. to 8 p.m. from May 15 through September 30, the draw 
of the Blossomland bridge need be opened only from three minutes before 
to three minutes after the hour and half hour, and the draw of the 
Bicentennial bridge need be opened only from three minutes before to 
three minutes after the quarter and three-quarter hour.
    (c) From December 16 through the last day of February, the draw of 
both bridges shall open on signal if at least 12 hours notice is given.
    (d) Public vessels of the United States, state and local government 
vessels used for public safety, commercial vessels, and vessels in 
distress shall be passed through the draw of both bridges as soon as 
possible.



Sec.  117.653  St. Mary's Falls Canal.

    The draw of the International Railway bridge, mile 1.0 at Sault Ste. 
Marie, shall be maintained in the fully open position during the 
navigation season, except for the crossings of trains or for 
maintenance. Bridge operators shall not give precedence to railway 
traffic and shall not close the bridge against an upbound vessel after 
lock gates are open and the vessel is proceeding toward the bridge, nor 
against a downbound vessel, 1,200 feet or less west of the bridge, 
unless the vessel is moored at either canal pier awaiting its turn to 
take position at lock approaches.



Sec.  117.655  Thunder Bay River.

    The draw of the Second Avenue bridge, mile 0.3 at Alpena, shall open 
on signal if at least three hours notice is given to the Dispatcher, 
Police Department, City of Alpena, Michigan.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984]

                                Minnesota



Sec.  117.661  Duluth Ship Canal (Duluth-Superior Harbor).

    The draw of the Duluth Ship Canal Aerial bridge, mile 0.25 at 
Duluth, shall open on signal; except that, from the Friday before 
Memorial Day through the Tuesday after Labor Day each year, between the 
hours of 7 a.m. and 9 p.m., seven days a week, the drawbridge shall open 
on the hour and half-hour for vessels under 300 gross tons, if needed; 
and the bridge will open on signal for all vessels from 9 p.m. to 7 
a.m., seven days a week, and at all times for Federal, state, and local 
government vessels, vessels in distress, commercial vessels engaged in 
rescue or emergency salvage operations, commercial-assist towing vessels 
engaged in towing or port operations, vessels engaged in pilot duties, 
vessels seeking shelter from severe weather, and all commercial vessels 
300 gross tons or greater. From January 1 through March 15, the draw 
shall open on signal if at least 12 hours notice is given. The opening 
signal is one prolonged blast, one short blast, one prolonged blast, one 
short blast. If the drawbridge is disabled, the bridge authorities shall 
give incoming and outgoing vessels timely and dependable notice, by tug 
service if necessary, so that the vessels do not attempt to enter the 
canal.

[USCG-2010-1030, 76 FR 11334, Mar. 2, 2011]



Sec.  117.663  Minnesota River.

    The draws of bridges above LeSueur need not be opened for the 
passage of vessels.

[CGD08-97-004, 63 FR 4584, Jan. 30, 1998]



Sec.  117.664  Rainy River, Rainy Lake and their tributaries.

    The draw of the Canadian National Bridge, mile 85.0, at Rainer, 
shall open on signal; except that, from October 16 to April 30, the draw 
shall open on signal if at least 12-hours advance notice is provided. 
The commercial phone number to provide advance notice shall be posted on 
the bridge so that it is plainly visible to vessel operators approaching 
the up or downstream side of the bridge. The owners of the bridge shall 
maintain clearance gauges in accordance with 33 CFR 118.160 of this 
chapter.

[USCG-2010-1055, 76 FR 17544, Mar. 30, 2011]



Sec.  117.665  Red River of the North.

    The draws of the bridges need not be opened for the passage of 
vessels.



Sec.  117.667  St. Croix River.

    (a) The draws of the Burlington Northern Santa Fe Railroad Bridge, 
Mile 0.2, the Prescott Highway Bridge,

[[Page 634]]

Mile 0.3, and the Hudson Railroad Bridge, Mile 17.3, shall operate as 
follows:
    (1) From April 1 to October 31:
    (i) 8 a.m. to midnight, the draws shall open on signal;
    (ii) Midnight to 8 a.m., the draws shall open on signal if 
notification is made prior to 11 p.m.,
    (2) From November 1 through March 31, the draw shall open on signal 
if at least 24 hours notice is given.
    (b) The draw of the Stillwater Highway Bridge, Mile 23.4, shall open 
on signal as follows:
    (1) From May 15 through October 15, Monday through Friday, except 
Federal holidays, from:
    (i) 8 a.m. to 11 a.m., every hour on the hour;
    (ii) 11 a.m. to 2:30 p.m., every half hour;
    (iii) 2:30 p.m. to 5:30 p.m., at 2:30 p.m., 4 p.m. and 5:30 p.m.;
    (iv) 6:30 p.m. to 10 p.m., every half hour; and
    (v) 10 p.m. to 8 a.m., upon at least two hours notice.
    (2) from May 15 through October 15, Saturdays, Sundays, and federal 
holidays from:
    (i) 8 a.m. to 9 a.m., every half hour;
    (ii) 9 a.m. to 8 p.m., every hour on the hour;
    (iii) 8 p.m. to midnight, every half hour; and
    (iv) Midnight to 8 a.m., upon at least two hours notice.
    (3) From October 16 through May 14, if at least 24 hours notice is 
given.
    (c) The draw of the Soo Line Railroad Bridge, Mile 40.7, at 
Otisville, need not be opened for the passage of vessels.

[CGD2-91-01, 56 FR 21303, May 8, 1991, as amended by 59 FR 63898, Dec. 
12, 1994; USCG-1998-3799, 63 FR 35527, June 30, 1998; CGD08-02-035, 68 
FR 74479, Dec. 24, 2003]



Sec.  117.669  St. Louis River (Duluth Superior Harbor).

    (a) The draws of the Burlington Northern railroad bridge, mile 5.7, 
shall open on signal; except that, from January 1 through March 15, the 
draws shall open on signal if at least 24 hours notice is given. The 
opening signal for the Minnesota draw is one prolonged blast followed by 
two short blasts and for the Wisconsin draw is two prolonged blasts 
followed by two short blasts.
    (b) The draws of the Grassy Point bridge, mile 8.0, and the Arrow 
Head bridge, mile 8.7, shall open on signal; except that, from January 1 
through March 15, the draw shall open on signal if at least 24 hours 
notice is given. The opening signal for the Grassy Point bridge is two 
prolonged blasts followed by one short blast and for the Arrowhead 
bridge is three prolonged blasts.
    (c) The draw of the Duluth Missabe and Iron Range Railway bridge, 
mile 16.3, need not be opened for the passage of vessels. The owner 
shall return the draw to operable condition within a reasonable time 
when notified by the District Commander to do so.



Sec.  117.671  Upper Mississippi River.

    (a) The draws of all bridges between Lock and Dam No. 10, mile 
615.1, and Lock and Dam No. 2, mile 815.2, shall open on signal; except 
that, from December 15 through the last day of February, the draws shall 
open on signal if at least 24 hours notice is given.
    (b) The draws of all bridges between Lock and Dam No. 2, mile 815.2, 
and Lock and Dam No. 1, mile 847.6, shall open on signal; except that, 
from December 15 through the last day of February, the draws shall open 
on signal if at least 12 hours notice is given.

                               Mississippi



Sec.  117.675  Back Bay of Biloxi.

    (a) The draw of the I-110 bridge, mile 3.0 at Biloxi, shall open on 
signal if at least six hours notice is given.
    (b) The draw of the Popps Ferry Road bridge, mile 8.0, at Biloxi, 
shall open on signal; except that, from 7:30 a.m. to 9 a.m. and from 
4:30 p.m. to 6 p.m. Monday through Friday, except Federal holidays, the 
draw need not be opened for passage of vessels. The draw shall open at 
any time for a vessel in distress.

[CGD8-85-05, 50 FR 27583, July 5, 1985, as amended by CGD08-96-049, 64 
FR 6221, Feb. 9, 1999; CGD08-06-015, 71 FR 26416, May 5, 2006]



Sec.  117.677  Big Sunflower River.

    The draw of the Columbus and Greenville railroad bridge, mile 96.1 
at Baird,

[[Page 635]]

shall open on signal if at least four hours notice is given.



Sec.  117.681  Old Fort Bayou.

    The draw of the bridge, mile 1.6 at Ocean Springs, shall open on 
signal; except that, from 9 p.m. to 5 a.m., the draw shall open on 
signal if at least eight hours notice is given to the Old Fort Bayou 
drawtender. During periods of storm or hurricane warnings issued by the 
National Weather Service, the draw shall open on signal at any time.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984]



Sec.  117.683  Pearl River.

    See Sec.  117.486, Pearl River, listed under Louisiana.

[USCG-2001-10881, 71 FR 70311, Dec. 4, 2006]



Sec.  117.684  Bayou Portage.

    The draw of the Henderson Avenue Bridge, mile 2.0, at Pass 
Christian, MS shall open on signal if at least two hours notice is given 
to the Harrison County Board of Supervisors.

[CGD08-04-010, 69 FR 69531, Nov. 30, 2004]



Sec.  117.685  Tchoutacabouffa River.

    The draw of the Cedar Lake Road Bridge over the Tchoutacabouffa 
River, mile 8.0, shall open on signal if at least twenty-four hours 
notice is given.

[CGD08-98-055, 63 FR 49822, Sept. 18, 1998]



Sec.  117.686  Yazoo River.

    (a) The draws of the Canadian National/Illinois Central railroad 
bridge, mile 16.7 at Redwood, and the Satartia highway (S433) bridge, 
mile 53.3 at Satartia, shall open on signal if at least two hours notice 
is given. When a vessel has given notice and fails to arrive within the 
two hour period specified, the drawtender shall remain on duty for two 
additional hours and open the draw if the requesting vessel appears. 
After this time, an additional two hour notice is required.
    (b) The draws of the bridges upstream from the Satartia highway 
(S433) bridge shall open on signal if at least four hours notice is 
given. When a vessel has given notice and fails to arrive within the 
four hour period specified, the drawtender shall remain on duty for two 
additional hours and open the draw if the requesting vessel appears. 
After this time, an additional four hour notice is required.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984. Redesignated at CGD8-92-03, 57 
FR 27696, June 22, 1992, as amended by USCG-2000-7223, 65 FR 40056, June 
29, 2000]

                                Missouri



Sec.  117.687  Missouri River.

    The draws of the bridges, except for the Atchison Railroad Bridge, 
Mile 422.5, see Sec.  117.411(b) for further details, across the 
Missouri River shall open on signal; except during the winter season 
between the date of closure and date of opening of the commercial 
navigation season as published by the Army Corps of Engineers, the draws 
need not open unless at least 24-hours advance notice is given.

[USCG-2014-0358, 80 FR 81181, Dec. 29, 2015]



Sec.  117.689  Osage River.

    The draw of the Missouri Pacific Railroad bridge, mile 5.6 at Osage 
City, need not be opened for the passage of vessels.

                                Nebraska



Sec.  117.691  Missouri River.

    The draw of the Illinois Central Gulf Railroad Bridge, mile 618.3, 
at Omaha, shall open on signal; except during the winter season between 
the date of closure and date of opening of the commercial navigation 
season as published by the Army Corps of Engineers, the draw need not 
open unless at least 24 hours advance notice is given.

[CGD08-98-020, 66 FR 62938, Dec. 4, 2001]

                              New Hampshire



Sec.  117.697  Hampton River.

    The SR1A bridge, mile 0.0 at Hampton, operates as follows:
    (a) The draw shall open on signal from April 1 through October 31 
for the passage of vessels during daylight hours from three hours before 
to three hours after each high tide. ``Daylight hours'' means one-half 
hour before sunrise to one-half hour after sunset. High tide occurs one-
half hour later than the

[[Page 636]]

time of high tide for Portland, Maine, as published in the tide tables 
published by private entities using data provided by the National Ocean 
Service. At all other times, the draw shall open on signal if at least 
three hours notice is given.
    (b) The owners of the bridge shall provide and keep in good legible 
condition two board gages painted white with black figures not less than 
six inches high to indicate the vertical clearance under the closed draw 
at all stages of the tide. The gages shall be so placed on the bridge 
that they are plainly visible to operators of vessels approaching the 
bridge either up or downstream.
    (c) Vessels which can pass under the closed draw with a clearance of 
one foot or more shall not signal for the opening of the draw. In case a 
vessel gives the prescribed signal and the drawtender is uncertain as to 
whether the vessel can safely pass, the drawtender shall open the draw. 
If the drawtender finds that there would have been a clearance of one 
foot or more had the draw remained closed, the matter shall be reported 
immediately to the District Commander, giving the name of the vessel, 
the time of opening the draw, the clearance under the bridge as 
indicated by the gage at the time of opening the draw, and the 
approximate vertical clearance required by the vessel.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by USCG-2001-9286, 
66 FR 33641, June 25, 2001]



Sec.  117.699  Little Harbor.

    The draw of the SR1B bridge, mile 1.0 between New Castle and Rye, 
shall open on signal from April 1 through October 31 from 6 a.m. to 10 
p.m. if at least four hours notice is given. At all other times, the 
draw shall open as soon as possible only for emergencies.



Sec.  117.700  Piscataqua River.

    See Sec.  117.531, Piscataqua River, listed under Maine.

[CGD 92-015, 57 FR 37880, Aug. 21, 1992]

                               New Jersey



Sec.  117.701  Alloway Creek.

    (a) The draws of the Salem County bridges, miles 5.1 at Hancocks 
Bridge, and 6.5 at New Bridge, shall open on signal if at least 24 hours 
notice is given.
    (b) The draw of the S49 bridge, mile 9.5 at Quinton, need not be 
opened for the passage of vessels.



Sec.  117.702  Arthur Kill.

    (a) The draw of the Arthur Kill (AK) Railroad Bridge shall be 
maintained in the full open position for navigation at all times, except 
during periods when it is closed for the passage of rail traffic.
    (b) The bridge owner/operator shall maintain a dedicated telephone 
hot line for vessel operators to call the bridge in advance to 
coordinate anticipated bridge closures. The telephone hot line number 
shall be posted on signs at the bridge clearly visible from both the up 
and downstream sides of the bridge.
    (c) Tide constrained deep draft vessels shall notify the bridge 
operator, daily, of their expected times of vessel transits through the 
bridge, by calling the designated telephone hot line.
    (d) The bridge shall not be closed for the passage of rail traffic 
during any predicted high tide period if a tide constrained deep draft 
vessel has provided the bridge operator with an advance notice of their 
intent to transit through the bridge. For the purposes of this 
regulation, the predicted high tide period shall be considered to be 
from two hours before each predicted high tide to a half-hour after each 
predicted high tide taken at the Battery, New York.
    (e) The bridge operator shall issue a manual broadcast notice to 
mariners of the intent to close the bridge for a period of up to 30 
minutes for the passage of rail traffic, on VHF-FM channels 13 and 16 
(minimum range of 15 miles) 90 minutes before and again at 75 minutes 
before each bridge closure.
    (f) Beginning at 60 minutes prior to each bridge closure, automated 
or manual broadcast notice to mariners must be repeated at 15 minute 
intervals and again at 10 and 5 minutes prior to each bridge closure and 
once again as the

[[Page 637]]

bridge begins to close, at which point the appropriate sound signal will 
be given.
    (g) Two 15 minute bridge closures may be provided each day for the 
passage of multiple rail traffic movements across the bridge. Each 15 
minute bridge closure shall be separated by at least a 30 minute period 
when the bridge is returned to and remains in the full open position. 
Notification of the two 15 minute closures shall follow the same 
procedures outlined in paragraphs (e) and (f) above.
    (h) A vessel operator may request up to a 30 minute delay for any 
bridge closure in order to allow vessel traffic to meet tide or current 
requirements; however, the request to delay the bridge closure must be 
made within 30 minutes following the initial broadcast for the bridge 
closure. Requests received after the initial 30 minute broadcast will 
not be granted.
    (i) In the event of a bridge operational failure, the bridge 
operator shall immediately notify the Coast Guard Captain of the Port 
New York. The bridge owner/operator must provide and dispatch a bridge 
repair crew to be on scene at the bridge no later than 45 minutes after 
the bridge fails to operate. A repair crew must remain on scene during 
the operational failure until the bridge has been fully restored to 
normal operations or until the bridge is raised and locked in the fully 
open position.
    (j) When the bridge is not tended locally it must be operated from a 
remote location. A sufficient number of closed circuit TV cameras, 
approved by the Coast Guard, shall be operated and maintained at the 
bridge site to enable the remotely located bridge tender to have full 
view of both river traffic and the bridge.
    (k) VHF-FM channels 13 and 16 shall be maintained and monitored to 
facilitate communication in both the remote and local control locations. 
The bridge shall also be equipped with directional microphones and horns 
to receive and deliver signals to vessels.
    (l) Whenever the remote control system equipment is disabled or 
fails to operate for any reason, the bridge operator shall immediately 
notify the Captain of the Port New York. The bridge shall be physically 
tended and operated by local control as soon as possible, but no more 
than 45 minutes after malfunction or disability of the remote system.
    (m) Mechanical bypass and override capability of the remote 
operation system shall be provided and maintained at all times.

[USCG-2010-1117, 76 FR 45692, Aug. 1, 2011]



Sec.  117.703  Bass River.

    The draw of the U.S. 9 bridge, mile 2.6, at New Gretna, shall 
operate as follows:
    (a) The drawspan must open on signal if at least six hours notice is 
given, except that public vessels of the United States must be passed as 
soon as possible.
    (b) The owners of this bridge shall provide and keep in good legible 
condition clearance gauges for the draw span with figures not less than 
12 inches high designed, installed and maintained in accordance with the 
provisions of Sec.  118.160 of this chapter.

[CGD5-91-031, 57 FR 22175, May 27, 1992, as amended by USCG-2001-10881, 
71 FR 70311, Dec. 4, 2006]



Sec.  117.705  Beaver Dam Creek.

    The draw of the Ocean County bridge, mile 0.5 at Point Pleasant, 
shall open on signal from June 1 through September 30 and from 8 a.m. to 
4 p.m. during April, May, October, and November. At all other times, the 
draw shall open on signal if at least 24 hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984]



Sec.  117.709  Cheesequake Creek.

    (a) The draw of the S35 Bridge, at mile 0.0, at Morgan, South Amboy, 
New Jersey, shall operate as follows:
    (1) From April 1 through November 30 from 7 a.m. to 8 p.m., the draw 
need only open on the hour. From 8 p.m. to 11 p.m. the draw shall open 
on signal. From 11 p.m. to 7 a.m. the draw shall open after at least a 
two hour advance notice is given by calling the number posted at the 
bridge.
    (2) From December 1 through March 31, the draw shall open on signal 
after at least a two hour advance notice is

[[Page 638]]

given by calling the number posted at the bridge.
    (b) The draw of the New Jersey Transit Rail Operations railroad 
bridge, mile 0.2, operates as follows:
    (1) The draw shall open on signal; except that, at least four hours 
notice is required--
    (i) From January 1 through March 31 from 6 p.m. to 6 a.m.;
    (ii) From April 1 through April 30 and November 1 through November 
30 from 10 p.m. to 6 a.m. Monday through Thursday, and midnight Sunday 
through 6 a.m. Monday; and
    (iii) From December 1 through December 31 from 10 p.m. to 6 a.m.
    (2) The owners of the bridge shall provide and keep in good legible 
condition two board gages painted white with black figures not less than 
eight inches high to indicate the vertical clearance under the closed 
draw at all stages of the tide. The gages shall be so placed on the 
bridge that they are plainly visible to operators of vessels approaching 
the bridge either up or downstream.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD01-04-126, 70 
FR 20465, Apr. 20, 2005; CGD01-05-096, 71 FR 17351, Apr. 6, 2006]



Sec.  117.711  Cohansey River.

    The draw of the Broad Street bridge, mile 18.2 at Bridgeton, need 
not be opened for the passage of vessels.



Sec.  117.713  Cooper River.

    (a) The drawspans for the State Street Drawbridge, mile 0.3 and the 
Conrail Drawbridge at North River Avenue, mile 0.9, must open on signal 
if at least four hours notice is given.
    (b) The draw of the Admiral Wilson Boulevard bridge, mile 1.1 at 
Camden, need not be opened for the passage of vessels. However, the draw 
shall be returned to operable condition within six months after 
notification by the District Commander to do so.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984, as 
amended by USCG-2001-10881, 71 FR 70311, Dec. 4, 2006]



Sec.  117.714  Corson Inlet.

    The draw of the Corson Inlet Bridge, mile 0.9, at Strathmere, shall 
open on signal; except that from October 1 through May 15 from 10 p.m. 
to 6 a.m. and from 6 a.m. to 10 p.m. on December 25 the draw need open 
only if at least two hours notice is given.

[USCG-2007-0026, 73 FR 5749, Jan. 31, 2008]



Sec.  117.716  Delaware River.

    The following requirements apply to all drawbridges across the 
Delaware River:
    (a) The draws of railroad bridges need not be opened when there is a 
train in the bridge block approaching the bridge with the intention of 
crossing, or within five minutes of the known time of the passage of a 
scheduled passenger train.
    (b) The opening of a bridge may not be delayed more than five 
minutes for a highway bridge or 10 minutes for a railroad bridge, after 
the signal to open is given.
    (c) The owners of drawbridges shall provide and keep in good legible 
condition two board gages painted white with black figures not less than 
six inches high to indicate the vertical clearance under the closed draw 
at all stages of the tide. The gages shall be so placed on the bridge 
that they are plainly visible to operators of vessels approaching the 
bridge either up or downstream.

[CGD 82-025, 49 FR 43460, Oct. 29, 1984]



Sec.  117.718  Elizabeth River.

    The draw of the South Front Street bridge, mile 0.0 at Elizabeth, 
shall open on signal; except that, from 12 midnight to 7 a.m., the draw 
shall open on signal if at least three hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984. Redesignated by USCG-2012-0306, 
77 FR 37314, June 21, 2012, as amended by USCG-2014-0285, 79 FR 24569, 
May 1, 2014; USCG-2017-0070, 82 FR 15291, Mar. 28, 2017]



Sec.  117.719  Glimmer Glass (Debbie's Creek).

    (a) The draw of the Monmouth County highway bridge, mile 0.4 at 
Manasquan, shall open on signal, except as follows:
    (1) From 4:30 p.m. January 1 through 8 a.m. April 1, from 4:30 p.m. 
to 8 a.m., the draw need open only if at least four-hours advance notice 
is given.

[[Page 639]]

    (2) From Memorial Day through Labor Day from 7 a.m. to 8 p.m., the 
draw need open only on the hour and half hour if any vessels are waiting 
to pass.
    (b) The owners of the bridge shall provide and keep in good legible 
condition two board gauges painted white with black figures not less 
than eight inches high to indicate the vertical clearance under the 
closed draw at all stages of the tide. The gauges shall be so placed on 
the bridge that they are plainly visible to operators of vessels 
approaching the bridge either up or downstream.

[CGD05-98-111, 64 FR 59624, Nov. 3, 1999. Redesignated and amended by 
USCG-2012-0306, 77 FR 37314, June 21, 2012]



Sec.  117.720  Great Channel.

    The draw of the County of Cape May bridge, mile 0.7, between Stone 
Harbor and Nummy Island, shall open on signal except that:
    (a) From May 15 through October 15 from 10 p.m. to 6 a.m., the draw 
need only open if at least four hours advance notice is given.
    (b) From October 16 through May 14, the draw need only open if at 
least 24 hours advance notice is given.
    (c) From 9:15 a.m. to 2:30 p.m. on the fourth Sunday in March of 
every year, the draw need not open for vessels. If the fourth Sunday 
falls on a religious holiday, the draw need not open from 9:15 a.m. to 
2:30 p.m. on the third Sunday of March of every year.

[CGD05-97-003, 63 FR 2312, Jan. 15, 1998, as amended by USCG-1998-3799, 
63 FR 35527, June 30, 1998; CGD05-06-045, 71 FR 59383, Oct. 10, 2006]



Sec.  117.721  Grassy Sound Channel.

    The draw of the Grassy Sound Channel Bridge, mile 1.0 in Middle 
Township, shall open on signal from 6 a.m. to 8 p.m. from May 15 through 
September 30. From 9:15 a.m. to 2:30 p.m. on the fourth Sunday in March 
of every year, the draw need not open for vessels. If the fourth Sunday 
falls on a religious holiday, the draw need not open from 9:15 a.m. to 
2:30 p.m. on the third Sunday of March of every year. Two hours advance 
notice is required for all other openings by calling (609) 368-4591.

[CGD05-06-045, 71 FR 59383, Oct. 10, 2006]



Sec.  117.722  Great Egg Harbor Bay.

    The draw of the U.S. Route 9/Beesleys Point Bridge, mile 3.5, shall 
open if at least two hours' notice is given from October 1 to May 14 
from 8 p.m. to 6 a.m., from May 15 to September 30 from 10 p.m. to 6 
a.m., and from 8 p.m. on December 24 until and including 6 a.m. on 
December 26 of every year; and shall open on signal at all other times.

[USCG-2009-0453, 75 FR 3858, Jan. 25, 2010]



Sec.  117.723  Hackensack River.

    (a) The following requirements apply to all bridges across the 
Hackensack River:
    (1) The owners of each bridge shall provide and keep in good legible 
condition clearance gauges for each draw, with figures not less than 18 
inches high for bridges below the turning basin at mile 4.0, and 12 
inches high for bridges above mile 4.0. The gauges shall be designed, 
installed and maintained according to the provisions of Sec.  118.160 of 
this chapter.
    (2) Train and locomotives shall be controlled so that any delay in 
opening the draw shall not exceed 10 minutes. However, if a train moving 
toward the bridge has crossed the home signal for the bridge before the 
signal requesting the opening of the bridge is given, the train may 
continue across the bridge and must clear the bridge interlocks before 
stopping or reversing.
    (3) New Jersey Transit Rail Operations' (NJTRO) roving crews shall 
consist of two qualified operators on each shift, each having a vehicle 
which is equipped with marine and railroad radios, a cellular telephone, 
and emergency bridge repair and maintenance tools. This crew shall be 
split with one drawtender stationed at Upper Hack and the other 
drawtender at the NJTRO HX drawbridge. Adequate security measures shall 
be provided to prevent vandalism to the bridge operating controls and 
mechanisms to ensure prompt openings of NJTRO bridges.

[[Page 640]]

    (4) Except as provided in paragraphs (b) through (j) of this 
section, the draws shall open on signal.
    (b) The draw of the PATH Bridge, mile 3.0, at Jersey City, shall 
open on signal provided at least a two-hour advance notice is provided 
by calling the number posted at the bridge. The draw need not open for 
the passage of vessel traffic Monday through Friday, except Federal 
holidays, from 6 a.m. to 10 a.m. and from 4 p.m. to 8 p.m.
    Additional bridge openings shall be provided for commercial vessels 
from 6 a.m. to 7:20 a.m.; 9:20 a.m. to 10 a.m.; 4 p.m. to 4:30 p.m. and 
from 6:50 p.m. to 8 p.m. provided at least a two-hour advance notice is 
given by calling the number posted at the bridge.
    (c) The draw of the Hack-Freight Railroad Bridge at mile 3.1, shall 
open on signal at all times, except as provided in paragraph (a)(2) of 
this section. The bridge shall be operated from a remote location at all 
times, except when it is tended locally. Sufficient closed circuit 
television cameras, approved by the Coast Guard, shall be operated and 
maintained at the bridge site to enable the remotely located bridge 
tender to have full view of both river traffic and the bridge.
    (1) Radiotelephone Channel 13/16 VHF-FM shall be maintained and 
utilized to facilitate communication in both remote and local control 
locations. The bridge shall also be equipped with directional 
microphones and horns to receive and deliver signals to vessels.
    (2) Whenever the remote control system equipment is partially 
disabled or fails for any reason, the bridge shall be physically tended 
and operated by local control as soon as possible, but no more than 45 
minutes after malfunction or disability of the remote system. Mechanical 
bypass and override capability of the remote system shall be provided 
and maintained.
    (d) Except as provided in paragraph (a)(2) of this section, the draw 
of the NJTRO Lower Hack Bridge, mile 3.4, at Jersey City shall open on 
signal if at least a one-hour advance notice is given to the drawtender 
at the Upper Hack bridge, mile 6.9, at Secaucus, New Jersey by calling 
the number posted at the bridge. In the event the NJTRO HX draw tender 
is at the Newark/Harrison (Morristown Line) Bridge, mile 5.8, on the 
Passaic River, up to an additional half hour delay is permitted.
    (e) Except as provided in paragraph (a)(2) of this section, the draw 
of the Amtrak Portal Bridge, mile 5.0, at Little Snake Hill, need not 
open for the passage of vessel traffic Monday through Friday, except 
Federal holidays, from 6 a.m. to 10 a.m. and from 4 p.m. to 8 p.m. 
Additional bridge openings shall be provided for commercial vessels from 
6 a.m. to 7:20 a.m.; 9:20 a.m. to 10 a.m.; 4 p.m. to 4:30 p.m. and from 
6:50 p.m. to 8 p.m., if at least a one-hour advance notice is given by 
calling the number posted at the bridge. At all other times the draw 
shall open on signal.
    (f) Except as provided in paragraph (a)(2) of this section, the draw 
of the NJTRO Upper Hack Bridge, mile 6.9 at Secaucus, N.J. shall open on 
signal unless the drawtender is at the NJTRO HX Bridge, mile 7.7 at 
Secaucus, N.J. over the Hackensack River, then up to a half hour delay 
is permitted.
    (g) Except as provided in paragraph (a)(2) of this section, the draw 
of the NJTRO HX Bridge at mile 7.7, shall open on signal if at least a 
half hour notice is given to the drawtender at the Upper Hack Bridge.
    (h) Except as provided in paragraph (a)(2) of this section, the draw 
of the S46 Bridge, at mile 14.0, in Little Ferry, shall open on signal 
if at least a twenty four hour advance notice is given by calling the 
number posted at the bridge.
    (i) The draw of the Harold J. Dillard Memorial (Court Street) 
Bridge, mile 16.2, Hackensack, shall open on signal if at least four 
hours notice is given.
    (j) The draw of the New York Susquehanna and Western Railroad 
bridge, mile 16.3, and the Midtown bridge, mile 16.5, both at 
Hackensack, need not be opened for the passage of vessels, however, the 
draws shall be restored to operable condition within 12 months after 
notification by the District Commander to do so.
    (k) The draw of the Route 1 & 9 (Lincoln Highway) Bridge, mile 2.0, 
between Kearny and Jersey City, shall open on signal; except that, the 
draw need not open for the passage of vessel

[[Page 641]]

traffic between 6 a.m. and 10 a.m. and between 2 p.m. and 6 p.m., Monday 
through Friday, except holidays. Tide dependent deep draft vessels may 
request bridge openings between 6 a.m. and 10 a.m. and between 2 p.m. 
and 6 p.m. provided at least a twelve hour advance notice is given by 
calling the number posted at the bridge.

[USCG-2013-1005, 79 FR 34418, June 17, 2013, as amended by USCG-2016-
0173, 81 FR 62367, Sept. 9, 2016]

    Effective Date Note: By USCG-2016-0173, 81 FR 62367, Sept. 9, 2016, 
Sec.  117.723 was amended by adding paragraph (k), effective Oct. 11, 
2016, to midnight on Sept. 30, 2017.



Sec.  117.725  Manantico Creek.

    The draw of the highway bridge, mile 0.5 at Millville, need not be 
opened for the passage of vessels.



Sec.  117.729  Mantua Creek.

    (a) The draw of the Conrail automated railroad bridge, mile 1.4, at 
Paulsboro, NJ shall operate as follows:
    (1) The bridge will be operated remotely by the South Jersey Train 
Dispatcher located in Mt. Laurel, NJ. Operational information will be 
provided 24 hours a day by telephone at (856) 231-2282.
    (2) From March 1 through November 30, the draw shall be left in the 
open position and will only be lowered for the passage of trains and to 
perform periodic maintenance authorized in accordance with subpart A of 
this part.
    (3) From December 1 through the last day of February, the draw will 
open on signal if at least 4 hours notice is given by telephone at (856) 
231-2282.
    (4) The timeframe to initiate the bridge closure will be not more 
than 15 minutes before a train will arrive at the bridge location. If a 
train moving toward the bridge has crossed the home signal for the 
bridge, the train may continue across the bridge and must clear the 
bridge prior to stopping for any reason. Trains shall be controlled so 
that any delay in opening of the draw shall not exceed ten minutes 
except as provided in Sec.  117.31(b).
    (5) The bridge will be equipped with cameras and channel sensors to 
visually and electronically ensure the waterway is clear before the 
bridge closes. The video and sensors are located and monitored at the 
remote operating location in Mt. Laurel, NJ. The channel sensors signal 
will be a direct input to the bridge control system. In the event of 
failure or obstruction of the infrared channel sensors, the bridge will 
automatically stop closing and the South Jersey Train Dispatcher will 
return the bridge to the open position. In the event of video failure 
the bridge will remain in the full open position.
    (6) The Conrail Railroad center span light will change from fixed 
green to flashing red anytime the bridge is not in the full open 
position.
    (7) Prior to downward movement of the span, the horn will sound two 
prolonged blasts, followed by a pause, and then two short blasts until 
the bridge is seated and locked down. At the time of movement, the 
center span light will change from fixed green to flashing red and 
remain flashing until the bridge has returned to its full open position.
    (8) When the train controller at Mt. Laurel has verified that rail 
traffic has cleared, they will sound the horn five times to signal the 
draw is about to return to its full open position.
    (9) During upward movement of the span, the horn will sound two 
prolonged blasts, followed by a pause, and then sound two short blasts 
until the bridge is in the full open position. The center span light 
will continue to flash red until the bridge is in the fully open 
position.
    (10) When the draw cannot be operated from the remote site, a bridge 
tender must be called to operate the bridge in the traditional manner. 
Personnel shall be dispatched to arrive at the bridge as soon as 
possible, but not more than one hour after malfunction or disability of 
the remote system.
    (b) The draw of the S.R. 44 bridge, mile 1.7, at Paulsboro, shall 
open on signal from May 1 through October 31 from 7 a.m. to 11 p.m., and 
shall open on signal at all other times upon four hours notice.

[CGD3 84-33, 50 FR 30270, July 25, 1985, as amended by CGD05-03-121, 69 
FR 21063, Apr. 20, 2004; USCG-2013-0710, 79 FR 44695, Aug. 1, 2014; 
USCG-2014-0807, 80 FR 22100, Apr. 21, 2015]

[[Page 642]]



Sec.  117.730  Maurice River.

    The draw of the Cumberland County bridge, mile 12.1 at Mauricetown, 
need not be opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984. Redesignated by USCG-2001-
10881, 71 FR 70311, Dec. 4, 2006]



Sec.  117.731  Mullica River.

    The draws of the bridges listed in this section shall open on 
signal, except as follows:
    (a) The draw of the Lower Bank bridge, mile 15.0, need not open 
during the following periods unless at least four hours notice is given:
    (1) From May 1 through November 30, from 11 p.m. to 7 a.m.
    (2) From December 1 through April 30, at all times.
    (b) The draw of the Green Bank bridge, mile 18.0, need not open 
unless at least four hours notice is given during the following periods:
    (1) April 1 through November 30, from 11 p.m. to 7 a.m.
    (2) December 1 through March 31, at all times.
    (c) The drawspan must open as soon as possible for public vessels of 
the United States during the periods when four hours notice is required.

[CGD5-87-065, 53 FR 406, Jan. 7, 1988, as amended by CGD05 94-093, 60 FR 
51732, Oct. 3, 1995. Redesignated and amended by USCG-2001-10881, 71 FR 
70311, Dec. 4, 2006]



Sec.  117.732  Nacote Creek.

    (a) The Route 9 bridge, mile 1.5, shall open on signal, except that 
from 11 p.m. to 7 a.m., the draw shall open if at least two hours notice 
is given.
    (b) The draw of the Atlantic County (Rte. 575) bridge, mile 3.5 at 
Port Republic, shall open on signal if at least eight hours notice is 
given.

[CGD05-94-065, 61 FR 29960, June 13, 1996]



Sec.  117.733  New Jersey Intracoastal Waterway.

    (a) The draw of the Route 35 Bridge, mile 1.1 across Manasquan River 
at Brielle, shall open on signal except as follows:
    (1) From May 15 through September 30:
    (i) On Saturdays, Sundays and Federal holidays, from 8 a.m. to 10 
p.m., the draw need only open 15 minutes before the hour and 15 minutes 
after the hour.
    (ii) On Mondays to Thursdays from 4 p.m. to 7 p.m., and on Fridays, 
except Federal holidays from 12 p.m. to 7 p.m., the draw need only open 
15 minutes before the hour and 15 minutes after the hour.
    (2) Year-round from 11 p.m. to 8 a.m., the draw need only open if at 
least four hours notice is given.
    (b) The draw of the County Route 528 Bridge, mile 6.3 across 
Barnegat Bay at Mantoloking, shall open on signal; except that from 
Memorial Day through Labor Day on Saturdays, Sundays and Federal 
holidays from 9 a.m. to 6 p.m., the draw need only open on the hour, 
twenty minutes after the hour, and forty minutes after the hour.
    (c) The draw of the S37 Bridge across Barnegat Bay, mile 14.1 at 
Seaside Heights, shall open on signal except as follows:
    (1) From December 1 through March 31, the draw need only open if at 
least four hours notice is given.
    (2) From April 1 through November 30 from 11 p.m. to 8 a.m., the 
draw need only open if at least four hours notice is given.
    (3) From Memorial Day through Labor Day from 8 a.m. to 8 p.m., the 
draw need only open on the hour and half hour.
    (4) From 8 a.m. December 1, 2015 until 8 p.m. March 31, 2016; from 8 
a.m. December 1, 2016 until 8 p.m. March 31, 2017; and from 8 a.m. 
December 1, 2017 until 8 p.m. March 31, 2018, the S37 Bridge, mile 14.1, 
at Seaside Heights may remain closed to navigation.
    (d) The draw of the AMTRAK New Jersey Transit Rail Operations 
(NJTRO) automated railroad swing bridge across Beach Thorofare, mile 
68.9 at Atlantic City shall operate as follows:
    (1) Open on signal from 11 p.m. to 6 a.m. From 6 a.m. to 11 p.m., 
the draw shall open on signal from 20 minutes to 30 minutes after each 
hour and remain open for all waiting vessels.
    (2) Opening of the draw span may be delayed for ten minutes except 
as provided in Sec.  117.31(b). However, if a train

[[Page 643]]

is moving toward the bridge and has crossed the home signal for the 
bridge before the signal requesting opening of the bridge is given, that 
train may continue across the bridge and must clear the bridge 
interlocks before stopping.
    (3) When the bridge is not tended locally and/or is operated from a 
remote location, sufficient closed circuit TV cameras shall be operated 
and maintained at the bridge site to enable the remotely located bridge/
train controller to have full view of both river traffic and the bridge.
    (4) Radiotelephone Channel 13 (156.65 MHz) VHF-FM, shall be 
maintained and utilized to facilitate communication in both remote and 
local control locations. The bridge shall also be equipped with 
directional microphones and horns to receive and deliver signals to 
vessels within a mile that are not equipped with radiotelephones.
    (5) Whenever the remote control system equipment is partially 
disabled or fails for any reason, the bridge shall be physically tended 
and operated by local control. Personnel shall be dispatched to arrive 
at the bridge as soon as possible, but not more that one hour after 
malfunction or disability of the remote system. Mechanical bypass and 
override capability of the remote operation system shall be provided and 
maintained.
    (6) When the draw is opening and closing, or is closed, yellow 
flashing lights located on the ends of the center piers shall be 
displayed continuously until the bridge is returned to the fully open 
position.
    (e) The draw of the Route 30 Bridge across Beach Thorofare, mile 
67.2 at Atlantic City, shall open on signal if at least four hours of 
notice is given; except that:
    (1) From April 1 through October 31, from 7 a.m. to 11 p.m. the draw 
need only open on the hour.
    (2) On July 4, the draw need not open from 9:40 p.m. until 11:15 
p.m. to accommodate the annual July 4th fireworks show. Should inclement 
weather prevent the fireworks event from taking place as planned, the 
draw need not open from 9:40 p.m. until 11:15 p.m. on July 5th to 
accommodate the annual July 4th fireworks show.
    (3) On the third or fourth Wednesday of August the draw will open 
every two hours on the hour from 10 a.m. until 4 p.m. and need not open 
from 4 p.m. until 8 p.m. to accommodate the annual Air Show.
    (f) The draw of the US40-322 (Albany Avenue) Bridge, mile 70.0 
across Inside Thorofare, at Atlantic City, shall open on signal except 
that:
    (1) Year-round, from 11 p.m. to 7 a.m.; and from November 1 through 
March 31 from 3 p.m. to 11 p.m., the draw need only open if at least 
four hours notice is given;
    (2) From June 1 through September 30:
    (i) From 9 a.m. to 4 p.m. and from 6 p.m. to 9 p.m. the draw need 
only open on the hour and half hour; and
    (ii) From 4 p.m. to 6 p.m. the draw need not open.
    (3) On July 4, the draw need not open from 9:40 p.m. until 11:15 
p.m. to accommodate the annual July 4th fireworks show. Should inclement 
weather prevent the fireworks event from taking place as planned, the 
draw need not open from 9:40 p.m. until 11:15 p.m. on July 5th to 
accommodate the annual July 4th fireworks show.
    (4) On the third or fourth Wednesday of August, the draw will open 
every two hours on the hour from 10 a.m. until 4 p.m. and need not open 
from 4 p.m. until 8 p.m. to accommodate the annual Air Show.
    (g) The draw of the Dorset Avenue Bridge across Inside Thorofare, 
mile 72.1 at Ventnor City, shall open on signal except that from June 1 
through September 30, from 9:15 a.m. to 9:15 p.m., the draw need only 
open at 15 and 45 minutes after the hour.
    (h) The draw of the Stone Harbor Boulevard Bridge, mile 102.0 across 
Great Channel, at Stone Harbor, shall open on signal except that:
    (1) From October 1 through March 31 from 10 p.m. to 6 a.m. the draw 
need only open if at least eight hours notice is given.
    (2) From Memorial Day through Labor Day from 6 a.m. to 6 p.m. on 
Saturdays, Sundays and Federal holidays, the draw need open only on the 
hour, 20 minutes after the hour, and 20 minutes before the hour.

[[Page 644]]

    (3) From 10 p.m. on December 24 until 6 a.m. on December 26, the 
draw need open only if at least two hours notice is given.
    (i) [Reserved]
    (j) The draw of Two-Mile Bridge, mile 112.2, across Middle Thorofare 
in Wildwood Crest, shall open on signal except:
    (1) From 9:15 a.m. to 10:30 a.m. on the fourth Sunday in March of 
every year, the draw need not open for vessels. If the fourth Sunday 
falls on a religious holiday, the draw need not open for vessels from 
9:15 a.m. to 10:30 a.m. on the third Sunday of March of every year.
    (2) From 10:30 p.m. on December 24 until 10:30 p.m. on December 26, 
the draw need open only if at least two hours notice is given.
    (k) [Reserved]
    (l) The draw of Cape May Canal Railroad Bridge across Cape May 
Canal, mile 115.1, at Cape May shall operate as follows:
    (1) The draw shall be maintained in the open position; the draw may 
close only for the crossing of trains and maintenance of the bridge. 
When the draw is closed for a train crossing a bridge tender shall be 
present to reopen the draw after the train has cleared the bridge. When 
the draw is closed for maintenance a bridge tender shall be present to 
open the draw upon signal.
    (2) Train service generally operates as follows (please contact Cape 
May Seashore Lines for current train schedules):
    (i) Winter (generally December through March): In general, there is 
no train service, therefore the bridge is unmanned and placed in the 
full open position.
    (ii) Spring (generally April through May and Fall (generally 
September through November): Generally weekend service only: Friday 
through Sunday train service starts at 10 a.m. and ends at 7:30 p.m. 
Monday through Thursday the bridge generally unmanned and in the open 
position.
    (iii) Summer Service (generally June through August): Daily train 
service starting at 10 a.m. and ending 7:30 p.m.
    (3) When a vessel approaches the drawbridge with the draw in the 
open position, the vessel shall give the opening signal. If no 
acknowledgement is received within 30 seconds, the vessel may proceed, 
with caution, through the open draw. When the draw is open and will be 
closing promptly, the drawbridge will generally signal using sound 
signals or radio telephone.
    (4) Opening of the draw span may be delayed for ten minutes after a 
signal to open except as provide in (117.31(b). However, if a train is 
moving toward the bridge and has crossed the home signal for the bridge 
before the signal requesting opening of the bridge is given, the train 
may continue across the bridge and must clear the bridge interlocks as 
soon as possible in order to prevent unnecessary delays in the opening 
of the draw.

[CGD05-97-003, 63 FR 2311, Jan. 15, 1998, as amended by CGD05-01-007, 66 
FR 39445, July 31, 2001; CGD05-06-045, 71 FR 59383, Oct. 10, 2006; USCG-
2001-10881, 71 FR 70311, Dec. 4, 2006; USCG-2007-0026, 73 FR 5749, Jan. 
31, 2008; USCG-2008-0697, 73 FR 79639, Dec. 30, 2008; 74 FR 17084, Apr. 
14, 2009; USCG-2011-0698, 76 FR 79535, Dec. 22, 2011; USCG-2014-0121, 79 
FR 18183, Apr. 1, 2014; USCG-2013-0926, 79 FR 21628, Apr. 17, 2014]

    Effective Date Note: By USCG-2013-0926, 79 FR 21628, Apr. 17, 2014, 
Sec.  117.733 was amended by suspending paragraph (c)(1) and adding a 
new paragraph (c)(4), effective Dec. 1, 2015 through Mar. 31, 2018.



Sec.  117.734  Navesink River (Swimming River).

    The Oceanic Bridge, mile 4.5, shall open on signal; except that, 
from December 1 through March 31, the draw shall open on signal, if at 
least a twenty-four hour notice is given by calling the number posted at 
the bridge. The owner of this bridge shall provide and keep in good 
legible condition clearance gauges with figures not less than eight 
inches high, designed, installed and maintained according to the 
provisions of Sec.  118.160 of this chapter.

[CGD01-99-075, 64 FR 71655, Dec. 22, 1999]



Sec.  117.735  Newark Bay.

    The following requirements apply to all bridges across this 
waterway:
    (a) Public vessels of the United States, state or local vessels used 
for public service, and vessels in distress shall be passed through the 
draw without delay. The opening signal from

[[Page 645]]

these vessels is four or more short blasts of a whistle or horn or a 
radio request.
    (b) The owners of these bridges shall provide and keep in good 
legible condition two board gages painted white with black figures not 
less than 12 inches high to indicate the vertical clearance under the 
closed draw at all stages of the tide. The gages shall be so placed on 
the bridge that they are plainly visible to operators of vessels 
approaching the bridge either up or downstream.
    (c) Trains and locomotives shall be controlled so that any delay in 
opening the draw span shall not exceed five minutes. However, if a train 
moving toward the bridge has crossed the home signal for the bridge 
before the signal requesting opening of the bridge is given, the train 
may continue across the bridge and must clear the bridge interlocks 
before stopping.

[CGD3 85-42, 50 FR 26712, June 28, 1985]



Sec.  117.736  Oceanport Creek.

    The drawspan for the New Jersey Transit Rail Operations Drawbridge, 
mile 8.4 near Oceanport, must open on signal from May 15 through 
September 15 between 5 a.m. and 9 p.m.; except that, the drawspan need 
not open 6 a.m. to 7:45 a.m. and 5:30 p.m. to 7:30 p.m on weekdays, 
excluding all federal holidays except for Martin Luther King Day. The 
drawspan must open on signal upon four hours notice from May 15 through 
September 15 between 9 p.m. and 5 a.m., and from September 16 through 
May 14; except that, the drawspan need not be opened from 6 a.m. to 7:45 
a.m. and 5:30 p.m. to 7:30 p.m. on weekdays, excluding all federal 
holidays except for Martin Luther King Day. Public vessels of the United 
States must be passed as soon as possible at anytime.

[USCG-2001-10881, 71 FR 70311, Dec. 4, 2006]



Sec.  117.737  Oldmans Creek.

    The draws of the US30 bridge, mile 3.1 at Nortonville, the Conrail 
railroad bridge, mile 4.0 at Jumbo, and the Salem County bridge, mile 
5.1 at Pedricktown, need not be opened for the passage of vessels. 
However, the draws of any of these bridges shall be restored to operable 
condition within six months after notification by the District Commander 
to do so.



Sec.  117.738  Overpeck Creek.

    (a) The draws of the Conrail and the New York, Susquehanna and 
Western railroad bridges, mile 0.0 both at Ridgefield Park, NJ, operate 
as follows:
    (1) The draws shall open on signal if at least 24 hours notice is 
given.
    (2) Public vessels of the United States must be passed through the 
drawspan of each drawbridge as soon as possible.
    (3) The owners of these bridges shall provide and keep in good 
legible condition two board gages painted white with black figures not 
less than 12 inches high to indicate the vertical clearance under the 
closed draw at all stages of the tide. The gages shall be so placed on 
the bridge that they are plainly visible to operators of vessels 
approaching the bridge either up or downstream.
    (b) Trains and locomotives shall be controlled so that any delay in 
opening the draw span shall not exceed five minutes. However, if a train 
moving toward the bridge has crossed the home signal for the bridge 
before the signal requesting opening of the bridge is given, the train 
may continue across the bridge and must clear the bridge interlocks 
before stopping.

[CGD3 85-42, 50 FR 26713, June 28, 1985, as amended by USCG-2001-10881, 
71 FR 70311, Dec. 4, 2006]



Sec.  117.739  Passaic River.

    (a) The following requirements apply to all bridges in this section 
across the Passaic River:
    (1) The owners of these bridges shall provide, and keep in good 
legible condition, clearance gauges with figures not less than twelve 
(12) inches high designed, installed and maintained according to the 
provisions of Sec.  118.160 of this chapter.
    (2) New Jersey Transit Rail Operations' (NJTRO) roving crews shall 
consist of an adequate number of operators to ensure NJTRO bridges are 
operated according to the requirements of this section.

[[Page 646]]

    (b) The draw of the Routes 1 & 9 (Lincoln Highway) Bridge, mile 1.8, 
at Newark, shall open on signal if at least four hours notice is given.
    (c) The draw of CONRAIL's Point-No-Point Railroad Bridge, mile 2.6, 
at Newark, shall open on signal if at least four hours notice is given 
to the CONRAIL Movement Desk. After the signal to open is given, the 
opening may be delayed no more than ten minutes.
    (d) The draw of the Jackson Street Bridge, mile 4.6, shall open on 
signal if at least four hours notice is given by calling the number 
posted at the bridge.
    (e) The draw of the Amtrak Dock Bridge, mile 5.0, at Harrison, shall 
open on signal after at least a twenty-four hour advance notice is given 
by calling the number posted at the bridge; except that, from 7:20 a.m. 
to 9:20 a.m. and from 4:30 p.m. to 6:50 p.m., Monday through Friday, 
except Federal holidays, the draw need not be opened for the passage of 
vessel traffic. At all other times, a bridge opening may be delayed no 
more than ten minutes for the passage of rail traffic, unless the draw 
tender and the vessel operator agree to a longer delay.
    (f) The draw of the Bridge Street Bridge, mile 5.6, shall open on 
signal if at least four hours notice is given by calling the number 
posted at the bridge.
    (g) The draw of the NJTRO Newark-Harrison (Morristown Line) Bridge, 
mile 5.8, at Harrison, New Jersey shall open on signal if at least one 
hour advance notice is given to the drawtender at Upper Hack Bridge mile 
6.9, across the Hackensack River at Secaucus, N.J. In the event the HX 
drawtender is at the Lower Hack Bridge, mile 3.4 on the Hackensack 
River, at Jersey City then up to an additional half hour delay in 
opening is permitted. After the signal to open is given, the opening may 
be delayed no more than ten minutes. From 7:15 a.m. to 9 a.m. and from 
4:30 p.m. to 6:50 p.m., Monday through Friday except federal holidays, 
the draw need not open.
    (h) The Route 280 Bridge, mile 5.8, at Harrison, New Jersey, shall 
open on signal if at least 24 hours notice is given by calling the 
number posted at the bridge.
    (i) The draw of the Clay Street Bridge, mile 6.0, shall open on 
signal if at least four hours notice is given by calling the number 
posted at the bridge.
    (j) The draw of the NJTRO (West Arlington) Bridge, mile 8.0, at 
Kearney, shall open on signal from 7 a.m. to 11 p.m. if at least eight 
hours notice is given. After the signal to open is given, the opening 
may be delayed no more than ten minutes. From 11 p.m. to 7 a.m., the 
draw need not be opened.
    (k) The draw of the Route 7 (Rutgers Street) Bridge, mile 8.9, at 
Belleville, shall open on signal if at least four hours notice is given.
    (l) The draw of the Avondale Bridge, mile 10.7, at Lyndhurst, shall 
open on signal if at least four hours notice is given.
    (m) The draw of the NJTRO Bridge, mile 11.7, shall open on signal 
after at least a 24 hour notice is given by calling the number posted at 
the bridge.
    (n) The draw of the following bridges need not be opened for the 
passage of vessels:
    (1) Gregory Avenue Bridge, mile 14.0, at Wallington.
    (2) West Eighth Street Bridge, mile 15.3, at Garfield.
    (o) The draw of the Route 1 & 9 (Lincoln Highway) Bridge, mile 1.8, 
between Kearny and Newark, shall open on signal if at least a four hour 
advance notice is given; except that, the draw need not open for the 
passage of vessel traffic between 6 a.m. and 10 a.m. and between 2 p.m. 
and 6 p.m., Monday through Friday, except holidays. Tide dependant deep 
draft vessels may request bridge openings between 6 a.m. and 10 a.m. and 
between 2 p.m. and 6 p.m., provided at least a twelve hour advance 
notice is given by calling the number posted at the bridge.
    (p)-(s) [Reserved]

[CGD01-95-171, 62 FR 6485, Feb. 12, 1997, as amended by CGD01-97-020, 63 
FR 34124, June 23, 1998; CGD01-97-134, 64 FR 4788, Feb. 1, 1999; CGD01-
99-076, 64 FR 62114, Nov. 16, 1999; USCG-2001-10881, 71 FR 70311, Dec. 
4, 2006; USCG-2010-0234, 75 FR 51942, Aug. 24, 2010; USCG-2011-0268, 76 
FR 65376, Oct. 21, 2011; USCG-2013-0638, 78 FR 72022, Dec. 2, 2013; 
USCG-2014-1070, 80 FR 10591, Feb. 27, 2015]

[[Page 647]]



Sec.  117.741  Raccoon Creek.

    (a) The draw of the Route 130 highway bridge, mile 1.8 at 
Bridgeport, shall open on signal:
    (1) May 1 through October 31, from 7 a.m. to 11 p.m.
    (2) At all other times, if at least four hours notice is given.
    (b) The draw of the CONRAIL Railroad Bridge, mile 2.0 at Bridgeport, 
shall operate as follows:
    (1) From March 1 through November 30, the draw shall be left in the 
open position at all times and will only be closed for the passage of 
trains and to perform periodic maintenance authorized in accordance with 
subpart A of this part.
    (i) Trains shall be controlled so that any delay in opening of the 
draw shall not exceed ten minutes except as provided in Sec.  117.31(b).
    (ii) Before the bridge closes for any reason, a train crewmember 
will observe the waterway for approaching craft, which will be allowed 
to pass. A train crewmember will then operate the bridge by radiophone. 
The bridge shall only be closed if a train crewmember's visual 
inspection shows that the channel is clear and there are no vessels 
transiting in the area.
    (iii) While the CONRAIL Railroad Bridge is moving from the full open 
to the full closed position, a train crewmember will maintain constant 
surveillance of the navigational channel to ensure no conflict with 
maritime traffic exists. In the event of failure or obstruction, the 
train crewmember will stop the bridge and return the bridge to the open 
position.
    (iv) The CONRAIL Railroad channel traffic lights will change from 
flashing green to flashing red anytime the bridge is not in the full 
open position.
    (v) During closing of the span, the channel traffic lights will 
change from flashing green to flashing red, the horn will sound four 
times, followed by a pause, then the four blasts will be repeated and 
the bridge will close. When the rail traffic has cleared the swing span, 
the horn will automatically sound five times to signal the draw of the 
CONRAIL Railroad Bridge is about to return to its full open position.
    (vi) During open span movement, the channel traffic lights will be 
flashing red, the horn will sound four times, followed by a pause, then 
four blasts will be repeated until the bridge is in the full open 
position. In the full open position, the channel traffic lights will 
then turn from flashing red to flashing green.
    (2) At all other times, the draw may be left in the closed position 
and opened on signal if at least four hours notice is given by telephone 
at (856) 231-2393.

[CGD05-02-065, 68 FR 27461, May 20, 2003, as amended by USCG-2013-0711, 
79 FR 44698, Aug. 1, 2014]



Sec.  117.743  Rahway River.

    The draw of the Conrail Bridge, mile 2.0, across the Rahway River, 
at Linden, New Jersey, shall operate as follows:
    (a) The draw shall remain in the full open position at all times, 
and shall only be closed for the passage of rail traffic or the 
performance of maintenance authorized in accordance with subpart A of 
this part.
    (b) The draw shall be remotely operated by a bridge/train dispatcher 
located at the Conrail Dispatch Office at Mount Laurel, New Jersey.
    (c) A marine traffic light system shall be maintained at the bridge 
and display flashing green lights to indicate that vessels may pass 
through the bridge, and flashing red lights anytime the bridge is not in 
the full open position.
    (d) An infrared sensor system shall be maintained at the bridge to 
determine that no conflict with vessel traffic exists while the bridge 
is closing.
    (e) Before the bridge may be closed from the remote location, an on-
site train crewmember shall observe the waterway for any vessel traffic. 
All approaching vessels shall be allowed to pass before the bridge may 
close. The on-scene train crewmember shall then communicate with the 
bridge/train dispatcher at the Conrail Dispatch Office, at Mount Laurel, 
either by radio or telephone, to request that the bridge be closed.
    (f) While the bridge is moving from the full open to full closed 
position, the bridge/train dispatcher shall maintain

[[Page 648]]

constant surveillance of the navigational channel at the bridge using 
the infrared sensor system.
    (g) If the infrared sensors detect a vessel or other obstruction 
approaching or under the bridge before the draw is fully lowered and 
locked, the closing sequence shall be stopped, automatically, and the 
draw shall be raised to its full open position until the channel is 
clear.
    (h) During the downward bridge closing movement, the marine traffic 
light system located at the bridge will change from flashing green to 
flashing red, the public address system shall announce that the bridge 
shall be closing, and the horn shall sound two times, pause 10 seconds, 
then repeat two horn blasts until the bridge is seated and fully locked 
down.
    (i) When all rail traffic has cleared the bridge, the bridge/train 
dispatcher shall sound the horn five-times to signal that the draw is 
about to open.
    (j) In the event of a failure, or obstruction to the infrared sensor 
system, the bridge shall immediately be returned to the full open 
position until the problem is corrected.
    (k) In the event of a loss of communication between the on-site 
personnel and the bridge/train dispatcher, the bridge shall immediately 
be returned to the full open position until the problem is corrected.
    (l) Should the draw become inoperable from the remote site while the 
bridge is in the closed position, a bridge tender, maintenance 
personnel, or engineer shall be deployed to be on scene within one hour 
from the time the draw becomes inoperable until the bridge can be 
returned to the full open position.
    (m) Trains shall be controlled so that any delay in opening of the 
draw shall not exceed ten minutes after a train has crossed the bridge; 
except, as provided in 33 CFR 117.31(b). However, if a train moving 
toward the bridge has crossed the home signal for the bridge, the train 
may continue across the bridge and must clear the bridge interlocks 
before stopping.

[CGD01-03-096, 69 FR 8814, Feb. 26, 2004]



Sec.  117.745  Rancocas Creek.

    (a) The following requirements apply to all bridges across the 
Rancocas River (Creek):
    (1) Public vessels of the United States must be passed through the 
drawspan of each drawbridge as soon as possible without delay at 
anytime. The opening signal from these vessels is four or more short 
blasts of a whistle or horn, or a radio request.
    (2) The owners of these bridges shall provide and keep in good 
legible condition clearance gauges for each draw with figures not less 
than 12 inches high designed, installed and maintained according to the 
provisions of Sec.  118.160 of this chapter.
    (3) Trains and locomotives shall be controlled so that any delay in 
opening the draw span shall not exceed ten minutes. However, if a train 
moving toward the bridge has crossed the home signal for the bridge 
before the signal requesting opening of the bridge is given, that train 
may continue across the bridge and must clear the bridge interlocks 
before stopping or reversing.
    (b) The drawspan for the Riverside-Delanco/SR543 Drawbridge, mile 
1.3 at Riverside must operate as follows:
    (1) From April 1 through October 31 open on signal from 7 a.m. to 11 
p.m.
    (2) From November 1 through March 31 from 7 a.m. to 11 p.m., open on 
signal if at least 24 hours notice is given, except as provided in 
paragraph (a)(1) of this section.
    (3) Year round from 11 p.m. to 7 a.m. need not open for the passage 
of vessels, except as provided in paragraph (a)(1) of this section.
    (c) The draw of the Centerton County Route 635 Bridge, mile 7.8, at 
Mt. Laurel, need not open for the passage of vessels.

[CGD5 91-054, 58 FR 40591, July 29, 1993, as amended by USCG-2001-10881, 
71 FR 70311, Dec. 4, 2006; USCG-2012-0306, 77 FR 37314, June 21, 2012; 
USCG-2015-0423, 80 FR 57721, Sept. 25, 2015]



Sec.  117.747  Raritan River.

    (a) The draw of New Jersey Transit Rail Operations Railroad Bridge 
at mile 0.5 shall open on signal; except that, from 6 a.m. to 9:30 a.m. 
and 4:30

[[Page 649]]

p.m. to 7:30 p.m., Monday through Friday, except holidays, the bridge 
need not open.
    (b) The bridge owner shall provide and keep in good legible 
condition two clearance gauges with figures not less than 12 inches high 
designed, installed and maintained according to the provisions of Sec.  
118.160 of this chapter.
    (c) Trains and locomotives shall be controlled so that any delay in 
opening the draw span shall not exceed ten minutes. However, if a train 
moving toward the bridge has crossed the home signal for the bridge 
before the signal requesting opening of the bridge is given, the train 
may continue across the bridge and must clear the bridge interlocks 
before the bridge may be opened.

[USCG-2009-0202, 74 FR 49325, Sept. 28, 2009]



Sec.  117.749  Salem River.

    The draw of the S49 bridge, mile 3.5 at Salem, shall open on signal 
if at least 24 hours notice is given.



Sec.  117.750  Schellenger Creek.

    The draw of the Cape May County bridge, mile 0.3 at Cape May, need 
not be opened for the passage of vessels.

[CGD 82-025, 49 FR 43462, Oct. 29, 1984]



Sec.  117.751  Shark River (South Channel).

    The draws of the S71 Bridge, mile 0.8, and the Railroad Bridge, mile 
0.9, both at Avon, operate as follows:
    (a) The bridges operate as one unit. The owners shall provide signal 
systems so connected that the operator of either bridge may 
simultaneously notify the operator of the other bridge. The operator of 
the first bridge to be passed shall be responsible for observing the 
approach vessels, for receiving and acknowledging signals, and for 
coordinating the opening of the other draw.
    (b) The draws shall open on signal; except that, from May 15 through 
September 30 from 4 p.m. to 7 p.m. Monday through Friday except Federal 
holidays and from 9 a.m. to 9 p.m. Saturdays, Sundays, and holidays, the 
draw need be opened only on the hour and half hour if a vessel is 
waiting to pass.
    (c) The owners of the bridges shall provide and keep in good legible 
condition two board gages painted white with black figures not less than 
eight inches high to indicate the vertical clearance under the closed 
draw at all stages of the tide. The gages shall be so placed on the 
bridges that they are plainly visible to operators of vessels 
approaching the bridges either up or downstream.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by USCG-2012-0930, 
77 FR 70373, Nov. 26, 2012]



Sec.  117.755  Shrewsbury River.

    The draw of the Monmouth County highway bridge at mile 4.0, across 
the Shrewsbury River at Sea Bright, New Jersey, shall operate as 
follows:
    (a) The draw shall open on signal at all times; except that, from 
May 15 through September 30, on Saturday, Sunday, and holidays, between 
9 a.m. and 7 p.m., the draw need open only on the hour and half hour.
    (b) The draw need not be opened at any time for a sail boat unless 
it is operating under auxiliary power or is being towed by a powered 
vessel.
    (c) The owners of the bridge shall keep in good legible condition 
two clearance gages with figures not less than eight inches high, 
designed, installed, and maintained according to the provisions of Sec.  
118.160 of this chapter.

[USCG-2010-0461, 75 FR 38714, July 6, 2010]



Sec.  117.756  South River.

    The draw of the Conrail bridge, mile 2.8 at South River shall open 
on weekdays (exclusive of holidays) from December 1 through the last day 
of February if at least four hours notice is given. From March 1 through 
November 30, and December 1 through the last day of February on weekends 
and holidays the draw shall be maintained open to navigation except for 
closure to accommodate passage of a train. The draw shall be opened as 
soon as possible at all times for passage of a public vessel of the 
United States.

[CGD3 83-067, 49 FR 33014, Aug. 20, 1984]



Sec.  117.757  Townsend Inlet.

    The draw of Townsend Inlet Bridge, mile 0.3 in Avalon, shall open on 
signal except:

[[Page 650]]

    (a) From 9:15 a.m. to 2:30 p.m. on the fourth Sunday in March of 
every year, the draw need not open for vessels. If the fourth Sunday 
falls on a religious holiday, the draw need not open from 9:15 a.m. to 
2:30 p.m. on the third Sunday of March of every year.
    (b) From 11 p.m. on December 24 until 11 p.m. on December 25, the 
draw need open only if at least two hours notice is given.

[USCG-2007-0026, 73 FR 5749, Jan. 31, 2008]



Sec.  117.758  Tuckahoe River.

    The draw of the State highway bridge, mile 8.0 at Tuckahoe, shall 
open on signal if at least 24 hours notice is given.

[CGD82-025, 49 FR 17452, Apr. 24, 1984. Redesignated by CGD05-06-045, 71 
FR 59383, Oct. 10, 2006]



Sec.  117.759  Wading River.

    The draw of the Burlington County highway bridge, mile 5.0 at Wading 
River, shall open on signal if at least 24 hours notice is given.

                                New York



Sec.  117.769  Black Rock Canal.

    The draws of the Ferry Street bridge, mile 2.6, and Canadian 
National Railway bridge, mile 3.8, both at Buffalo, shall operate as 
follows:
    (a) From April 15 through November 30, the draws shall open on 
signal. However, between the hours of 12 midnight and 8 a.m., seven days 
a week, no bridgetender is required to be in attendance at the bridges 
and the draws shall open on signal if notice is given to the owners at 
least two hours in advance of a vessel's intended time of passage 
through the draws.
    (b) From December 1 through April 14, no bridgetender is required to 
be in attendance at the bridges and the draws shall open on signal if 
notice is given to the owners at least four hours in advance of a 
vessel's time of intended passage through the draws.

[CGD09-94-008, 59 FR 50167, Oct. 3, 1994]



Sec.  117.771  Bronx River.

    (a) The draw of the Bruckner Boulevard Bridge, mile 1.1, at the 
Bronx, New York, shall open on signal if at least a two-hour advance 
notice is given to the New York City Department of Transportation 
(NYCDOT) Radio Hotline, or the NYCDOT Bridge Operations Office. From 7 
a.m. to 9 a.m. and 4 p.m. to 6 p.m., Monday through Friday, the bridge 
need not be opened for the passage of vessels.
    (b) The draw of the Conrail Bridge, mile 1.6 at the Bronx, New York, 
need not be opened for the passage of vessels.
    (c) The owners of the Bruckner Boulevard Bridge, mile 1.1, and the 
Conrail Bridge, mile 1.6, both at the Bronx, New York, shall provide and 
keep in good legible condition two clearance gauges designed, installed 
and maintained in accordance with the provisions of Sec.  118.160 of 
this chapter.

[CGD01-97-018, 62 FR 54385, Oct. 20, 1997, as amended by CGD01-99-070, 
65 FR 45718, July 25, 2000]



Sec.  117.773  Buffalo River.

    (a) The draw of the Michigan Avenue bridge, mile 1.3, at Buffalo, 
shall operate as follows:
    (1) From March 22 through December 15, the draw shall open within 20 
minutes of signal. However, the draw need not open from 7:30 a.m. to 9 
a.m., and from 4 p.m. to 5:45 p.m., Monday through Saturday.
    (2) From December 16 through March 21, the draw shall open on signal 
if notice is given at least 4 hours in advance of a vessel's time of 
intended passage through the draw.
    (b) The draw of the Ohio Street bridge, mile 2.1, at Buffalo, shall 
operate as follows:
    (1) From March 22 through December 15, the draw shall open on signal 
within 20 minutes after a request is made to the Michigan Avenue 
drawtender. However, the draw need not open from 7:30 a.m. to 9 a.m., 
and from 4 p.m. to 5:45 p.m., Monday through Saturday.
    (2) From December 16 through March 21, the draw shall open on signal 
if notice is given at least 4 hours in advance of a vessel's time of 
intended passage through the draw.
    (3) In addition to the standard signals required for requesting the 
bridge to open, the owners of this bridge shall

[[Page 651]]

maintain and monitor a marine radiotelephone for use by the Michigan 
Avenue drawtender for receiving requests for opening the Ohio Street 
bridge. The drawtender shall maintain communications with any transiting 
vessel until the vessel has cleared both the Ohio Street and Michigan 
Avenue draws.
    (c) The draws of the CSX Transportation railroad bridges, miles 4.02 
and 4.39, both at Buffalo, shall open on signal if notice is given at 
least 4 hours in advance of a vessel's time of intended passage through 
the draws.
    (d) The South Park Avenue bridge, mile 5.3, at Buffalo, shall open 
on signal if notice is given at least 4 hours in advance of a vessel's 
time of intended passage through the draw. However, the draw need not 
open from 7 a.m. to 8:30 a.m., and from 4:30 p.m. to 6 p.m., Monday 
through Saturday.
    (e) The periods when the bridges need not open on signal prescribed 
in paragraphs (a)(1), (b)(1), and (d) in this section shall not be 
effective on Sundays, and on New Year's Day, Memorial Day, Fourth of 
July, Labor Day, Thanksgiving Day, Christmas Day, or days observed in 
lieu of any of these under State law.

[CGD09-95-022, 61 FR 10467, Mar. 14, 1996, as amended by USCG-1999-5832, 
64 FR 34712, June 29, 1999]



Sec.  117.779  Eastchester Bay (Arm of).

    The draw of the highway bridge, mile 2.2 between Rodman Neck and 
City Island, need not be opened for the passage of vessels.



Sec.  117.781  East River.

    The following requirements apply to the Roosevelt Island bridge, 
mile 6.4 at New York City, as follows:
    (a) Public vessels of the United States Government, state or local 
vessels used for public safety, and vessels in distress shall be passed 
through the draws of each bridge as soon as possible without delay at 
anytime. The opening signal from these vessels shall be four or more 
short blasts of a whistle, horn or radio request.
    (b) The owners of each bridge shall provide and keep in good legible 
condition clearance gauges for each draw with figures not less than 12 
inches high designed, installed and maintained according to the 
provisions of Sec.  118.160 of this chapter.
    (c) The draw of the Roosevelt Island bridge shall open on signal if 
at least two hour advance notice is given to the drawtender at the Grand 
Street/Avenue bridge, mile 3.1 across Newtown Creek (East Branch), the 
New York Department of Transportation (NYCDOT) Radio Hotline or NYCDOT 
Bridge Operations Office. In the event the drawtender is at Borden 
Avenue or Hunters Point Avenue bridges mile 1.2 and 1.4, respectively, 
across Dutch Kills, up to an additional half hour delay may be required.

[CGD1-90-040, 55 FR 37710, Sept. 13, 1990, as amended by USCG-2009-0348, 
74 FR 52888, Oct. 15, 2009]



Sec.  117.785  Genessee River.

    The draw of the Colonel Patrick Henry O'Rorke Memorial Bridge, mile 
1.2 at Rochester, shall open on signal from April 1 through December 15; 
however, from 7 a.m. to 9 a.m. and from 4 p.m. to 6 p.m., Monday through 
Friday, except Federal holidays, the draw need be opened only for the 
passage of commercial vessels. From 9 a.m. to 4 p.m. and 6 p.m. to 11 
p.m., Monday through Friday, except Federal holidays, and from 7 a.m. to 
11 p.m. on Saturdays, Sundays, and Federal holidays, the draw need be 
opened only on the hour and half-hour, except that commercial vessels 
shall be passed at any time. From December 16 through March 31, the draw 
shall open on signal if at least 12 hours notice is given. The owners of 
the bridge shall maintain clearance gauges in accordance with 33 CFR 
118.160.

[USCG-2013-0921, 78 FR 72025, Dec. 2, 2013]



Sec.  117.787  Gowanus Canal.

    The draws of the Ninth Street Bridge, mile 1.4, the Third Street 
Bridge, mile 1.8, the Carroll Street Bridge, mile 2.0, and the Union 
Street Bridge, mile 2.1, at Brooklyn, shall open on signal, if at least 
a two-hour advance notice is given to the New York City Department of 
Transportation (NYCDOT), Radio Hotline, or the NYCDOT Bridge Operations 
Office.

[CGD01-99-067, 65 FR 46870, Aug. 1, 2000]

[[Page 652]]



Sec.  117.789  Harlem River.

    (a) The draws of all railroad bridges across the Harlem River may 
remain in the closed position from the time a train scheduled to cross 
the bridge is within five minutes from the bridge, and until that train 
has fully crossed the bridge. The maximum time permitted for delay shall 
not exceed ten (10) minutes. Land and water traffic should pass over or 
through the draw as soon as possible to prevent unnecessary delays in 
the opening and closure of the draw.
    (b)(1) The draws of the bridges at 103 Street, mile 0.0, 125 Street 
(Triborough), mile 1.3, Willis Avenue, mile 1.5, Third Avenue, mile 1.9, 
Madison Avenue, mile 2.3, 145 Street, mile 2.8, Macombs Dam, mile 3.2, 
207 Street, mile 6.0, and the Broadway Bridge, mile 6.8, shall open on 
signal if at least a four-hour advance notice is given to the New York 
City Highway Radio (Hotline) Room and the Triborough Bridge and Tunnel 
Authority (TBTA) for the 125 Street (Triborough), mile 1.3. The draws of 
the above bridges, except the Broadway Bridge, need not open for the 
passage of vessel traffic from 6 a.m. to 9 a.m. and 5 p.m. to 7 p.m., 
Monday through Friday, except federal holidays. The draw of the Broadway 
Bridge need not open for the passage of vessel traffic from 7 a.m. to 10 
a.m. and 4 p.m. to 7 p.m., Monday through Friday, except federal 
holidays.
    (2) The draws of the Willis Avenue Bridge, mile 1.5, Third Avenue 
Bridge, mile 1.9, and the Madison Avenue Bridge, mile 2.3, need not open 
for the passage of vessel traffic at various times between 8 a.m. and 5 
p.m. on the first Sunday in May and November. The exact time and date of 
each bridge closure will be published in the Local Notice to Mariners 
several weeks prior to each closure.
    (c) The draw of the Metro North (Park Avenue) Bridge, mile 2.1, 
shall open on signal, except, as provided in paragraph (a) of this 
section, if at least a four-hour advance notice is given. The draw need 
not open for the passage of vessel traffic from 5 a.m. to 10 a.m. and 4 
p.m. to 8 p.m., Monday through Friday, except Federal holidays.
    (d) The draw of the Spuyten Duyvil railroad bridge, mile 7.9, shall 
open on signal at all times, except as provided in paragraph (a) of this 
section.

[USCG-2008-0456, 75 FR 230, Jan. 5, 2010]



Sec.  117.791  Hudson River.

    (a) The draws of the bridges listed in this section shall open as 
soon as possible at any time for the passage of the following vessels:
    (1) Downbound vessels during a freshet of a height exceeding an 
elevation determined by the District Commander.
    (2) Public vessels of the United States.
    (3) Vessels of 500 tons or more.
    (4) Tugs with a tow on a hawser.
    (b) The draws of the bridges listed in this section shall not remain 
open for more than 15 minutes and may remain closed for up to 10 minutes 
to allow accumulated land traffic to pass.
    (c) The draw of the CSX Transportation bridge, mile 146.2 between 
Albany and Rensselaer, shall open on signal; except that, from December 
16 through March 31, the draw shall open on signal if at least 24 hours 
notice is given.
    (d) The draw of the state highway bridge, mile 150.2 between Troy 
and Menands, need not be opened for the passage of vessels.
    (e) The draw of the highway bridge, mile 152.7, between Troy and 
Green Island, operates as follows:
    (1) From April 1 through December 15 the draw shall open on signal 
if at least a twenty four hour advance notice is given by calling the 
number posted at the bridge.
    (2) From December 16 through March 31, the draw need not open for 
the passage of vessel traffic.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended at 49 FR 43462, Oct. 
29, 1984, CGD3 85-42, 50 FR 26713, June 28, 1985; USCG-1999-5832, 64 FR 
34712, June 29, 1999; USCG-2001-10881, 71 FR 70312, Dec. 4, 2006; USCG-
2013-0257, 78 FR 56609, Sept. 13, 2013]



Sec.  117.793  Hutchinson River (Eastchester Creek).

    (a) The following requirements apply to all bridges across 
Hutchinson River (Eastchester Creek):

[[Page 653]]

    (1) The owners of each bridge shall provide and keep in good legible 
condition clearance gauges for each draw with figures not less than 12 
inches high designed, installed and maintained according to the 
provision of Sec.  118.160 of this chapter.
    (2) Trains and locomotives shall be controlled so that any delay in 
opening the draw shall not exceed ten minutes except as provided in 
Sec.  117.31(b). However, if a train moving toward the bridge has 
crossed the home signal for the bridge before the signal requesting 
opening of the bridge is given, the train may continue across the bridge 
and must clear the bridge interlocks before stopping.
    (3) Except as provided in paragraphs (b) and (c) of this section 
each draw shall open on signal.
    (b) The draw of the Hutchinson River Parkway Bridge, mile 0.9, at 
the Bronx, New York shall open on signal if at least a two-hour notice 
is given to the New York City Department of Transportation (NYCDOT) 
Radio Hotline, or the NYCDOT Bridge Operations Office.
    (c) The draw of the South Fulton Avenue Bridge, mile 2.9, shall open 
on signal from three hours before to three hours after the predicted 
high tide. For the purposes of this section, predicted high tide occurs 
four hours after predicted high water for New York (Battery), as given 
in the tide tables published by private entities using data provided by 
the National Ocean Service.
    (1) At all other times, the bridge shall open on signal if at least 
four hours advance notice is given to the Westchester County Road 
Maintenance Division during normal work hours or to the County's Parkway 
Police at all other times.
    (2) The bridge tender shall honor requests for opening within six 
hours after predicated high water if such request is given to the bridge 
tender while he or she is on station (three hours before to three hours 
after predicted high tide).

[CGD01-93-009, 58 FR 42859, Aug. 12, 1993, as amended by CGD01-97-125, 
63 FR 18321, Apr. 15, 1998; CGD01-99-070, 65 FR 45718, July 25, 2000; 
USCG-2001-9286, 66 FR 33641, June 25, 2001; CGD01-04-033, 69 FR 35246, 
June 24, 2001]



Sec.  117.795  Jamaica Bay and Connecting Waterways.

    (a) The draw of the Marine Parkway bridge, mile 3.0 over Rockaway 
Inlet, shall open on signal Monday through Friday from 8 a.m. to 4 p.m. 
At all other times, the draw shall open on signal if at least eight 
hours notice is given; however, the draw shall open on signal if at 
least a one hour notice is given for the passage of U.S. Navy or 
National Oceanic and Atmospheric Administration vessels.
    (b) The draws of the New York City highway bridge, mile 0.8 across 
Mill Basin on Belt Parkway, need not be opened for the passage of 
vessels from noon to 9 p.m. on Sundays from May 15 to September 30, and 
on Memorial Day, Independence Day, and Labor Day. However, on these 
days, from two hours before to one hour after predicted high tide, the 
draw shall open on signal. For the purpose of this section, predicted 
high tide occurs 15 minutes later than that predicted for Sandy Hook, as 
given in the tide tables published by private entities using data 
provided by the National Ocean Service. At all times, public vessels of 
the United States and state or local vessels used for public safety 
shall be passed as soon as possible.
    (c) The draw of the Beach Channel railroad bridge shall open on 
signal; except that, the draw need not open for the passage of vessel 
traffic, 6:45 a.m. to 8:20 a.m. and 5 p.m. to 6:45 p.m., Monday through 
Friday, except Federal holidays.

[CGD3 85-42, 50 FR 26713, June 28, 1985, as amended by USCG-2001-9286, 
66 FR 33641, June 25, 2001; CGD01-06-033, 71 FR 61897, Oct. 20, 2006; 
USCG-2001-10881, 71 FR 70312, Dec. 4, 2006; 72 FR 50876, Sept. 5, 2007]



Sec.  117.797  Lake Champlain.

    (a) The drawspan for each drawbridge listed in this section must 
open as soon as possible for public vessels of the United States.
    (b) The draw of the US2 Bridge, mile 91.8, over Lake Champlain, 
between South Hero Island and North Hero Island, shall operate as 
follows:
    (1) The draw shall open on signal on the hour and the half hour from 
May 15th through October 15th from 8 a.m. to 8 p.m. daily.

[[Page 654]]

    (2) The draw shall open on signal from May 15th through October 15th 
from 8 p.m. to 8 a.m. if at least four hours notice is given by calling 
the number posted at the bridge.
    (3) The draw shall open on signal from October 16th through May 14th 
if at least four hours notice is given by calling the number posted at 
the bridge.
    (c) The draw of the Central Vermont Railway bridge across Missisquoi 
Bay, mile 105.6 shall open on signal:
    (1) From June 15 through September 15:
    (i) Monday through Friday from 9 a.m. to 5 p.m.;
    (ii) Saturdays, Sundays, Independence Day and Labor Day from 7 a.m. 
to 11 p.m.;
    (iii) At all other times, if at least two hours notice is given.
    (2) From September 16 through June 14 if at least 24 hours notice is 
given.
    (d) The draw of the SR78 bridge, mile 105.9 across the entrance to 
Missisquoi Bay between Alburg Tongue and Hog Island at East Alburg, 
shall open on signal if at least 24 hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD3 83-059, 49 
FR 49452, Dec. 20, 1984; CGD01-98-032, 64 FR 28103, May 25, 1999; USCG-
2001-10881, 71 FR 70312, Dec. 4, 2006]



Sec.  117.799  Long Island, New York Inland Waterway from East Rockaway
Inlet to Shinnecock Canal.

    (a) At all times, public vessels of the United States must be passed 
through the drawspan of each drawbridge listed in this section as soon 
as possible.
    (b) The draw of each bridge listed in this section need not be 
opened for sailing vessels, unless the vessels are under machinery power 
or under tow, if an opening would unduly delay other vessel or vehicular 
traffic.
    (c) The owners of the bridges listed in this section shall provide 
and keep in good legible condition two board gages painted white with 
black figures not less than eight inches high to indicate the vertical 
clearance under the closed draw at all stages of the tide. The gages 
shall be so placed on the bridges that they are plainly visible to 
operators of vessels approaching the bridges either up or downstream.
    (d) The draws of the West Bay bridge, mile 0.1 across Quantuck 
Canal, Beach Lane bridge, mile 1.1 across Quantuck Canal, Quoque bridge, 
mile 1.1 across Quoque Canal and the Smith Point bridge, mile 6.1 across 
Narrow Bay shall open on signal from October 1 through April 30 from 8 
a.m. to 4 p.m. and from May 1 through September 30 from 6 a.m. to 10 
p.m. At all other times during these periods, the draws shall open as 
soon as possible but no more than one hour after a request to open is 
received.
    (e) The draw of the Atlantic Beach Bridge across Reynolds Channel, 
mile 0.4, shall open on signal--
    (1) From October 1 through May 14;
    (2) From May 15 through September 30, except that it need be opened 
only on the hour and half-hour from 4 p.m. to 7 p.m. on weekdays and 
from 11 a.m. to 9 p.m. on Saturdays, Sundays, Memorial Day, Independence 
Day, and Labor Day; and
    (3) From May 15 through September 30, from two hours before to one 
hour after predicted high tide. Predicted high tide occurs 10 minutes 
earlier than that predicted for Sandy Hook, as given in the tide table 
published by the National Oceanic and Atmospheric Administration.
    (f) The draw of the Loop Parkway Bridge across Long Creek, mile 0.7, 
shall open on signal every other hour on the even hour; except that, 
from April 1 through October 31 on Saturdays, Sundays, and Federal 
holidays, the draw shall open on signal every three hours beginning at 3 
a.m. If an opening is desired at other than a scheduled time, notice may 
be given from the telephone located on either side of the bridge or via 
marine radiotelephone.
    (g) The draw of the Long Beach Bridge across Reynolds Channel, mile 
4.7, shall open on signal; except that:
    (1) From midnight to 8 a.m. year-round, the draw shall open on 
signal if at least four hours notice is given; and
    (2) From 3 p.m. to 8 p.m. on Saturdays, Sundays, and holidays from 
May 15 through September 30, the draw need be opened only on the hour 
and half hour.

[[Page 655]]

    (3) From 10 p.m. to midnight on July 3 each year the draw need not 
open for the passage of vessel traffic.
    (h) The draw of the Meadowbrook State Parkway Bridge, mile 12.8, 
across Sloop Channel, shall open on signal if at least a one-half hour 
notice is given to the New York State Department of Transportation, as 
follows:
    (1) Every other hour on the even hour.
    (2) From April 1 through October 31, on Saturdays, Sundays, and 
Federal holidays, every three hours beginning at 1:30 a.m. Notice may be 
given from the telephone located at the moorings on each side of the 
bridge or by marine radio.
    (3) From 9 p.m. to midnight, on the Fourth of July, the Meadowbrook 
State Parkway Bridge need not open for the passage of vessel traffic.
    (i) The draw of the Captree State Parkway Bridge at mile 30.7, 
across the State Boat Channel, at Captree Island, shall open on signal 
if at least a one half hour advance notice is given by calling the 
number posted at the bridge as follows:
    (1) Every other hour on the even hour.
    (2) From April 1 through October 31, on Saturday, Sunday, and 
Federal holidays every three hours beginning at 3 a.m.

[CGD3 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD3 84-51, 50 
FR 2546, Jan. 17, 1985; CGD01-99-080, 64 FR 46275, Aug. 25, 1999; CGD01-
04-025, 69 FR 34570, June 22, 2004; CGD01-04-047, 70 FR 15765, Mar. 29, 
2005; USCG-2001-10881, 71 FR 70312, Dec. 4, 2006; USCG-2012-0144, 77 FR 
22495, Apr. 16, 2012; USCG-2012-1040, 78 FR 6730, Jan. 31, 2013]



Sec.  117.800  Mill Neck Creek.

    The draw of the Bayville Bridge, mile 0.1, at Oyster Bay, New York, 
shall open on signal between 7 a.m. and 11 p.m., from May 1 through 
October 31, and between 7 a.m. and 5 p.m., Monday through Friday, from 
November 1 through April 30. At all other times the draw shall open on 
signal provided at least a two-hour advance notice is given by calling 
the number posted at the bridge.

[USCG-2008-0010, 73 FR 29690, May 22, 2008]



Sec.  117.801  Newtown Creek, Dutch Kills, English Kills and their
tributaries.

    (a) The following requirements apply to all bridges across Newtown 
Creek, Dutch Kills, English Kills, and their tributaries:
    (1) The owners of all bridges across Newtown Creek, Dutch Kills, 
English Kills and their tributaries listed under this section, shall 
provide and keep in good legible condition two clearance gauges with 
figures not less than 12 inches high designed, installed and maintained 
according to the provisions of Sec.  118.160 of this chapter.
    (2) Trains and locomotives shall be controlled so that any delay in 
opening the draw shall not exceed five minutes. If a train moving toward 
the bridge has crossed the home signal for the bridge before the request 
to open the bridge is given, that train may continue across the bridge, 
but must clear the interlock before stopping.
    (b) The draws of the Long Island Railroad bridges, at mile 1.1, 
across Dutch Kills at Queens, shall open on signal if at least six-hours 
advance notice is given to the Long Island Railroad Movement Bureau, 
except as provided in paragraph (a)(2) of this section.
    (c) The draw of the Borden Avenue Bridge, mile 1.2, across Dutch 
Kills at Queens, shall open on signal if at least a two-hour advance 
notice is given to the New York City Department of Transportation 
(NYCDOT) Radio Hotline or NYCDOT Bridge Operations Office.
    (d) The draw of the Hunters Point Avenue Bridge, mile 1.4, across 
Dutch Kills at Queens, shall open on signal if at least a two-hour 
advance notice is given to the New York City Department of 
Transportation (NYCDOT) Radio Hotline or the NYCDOT Bridge Operations 
Office.
    (e) The draw of the Metropolitan Avenue Bridge, mile 3.4, across 
English Kills at New York City, shall open on signal if at least a two-
hour advance notice is given to the New York City Department of 
Transportation (NYCDOT) Radio Hotline or the NYCDOT Bridge Operations 
Office.
    (f) The draw of the Grand Street/Avenue Bridge, mile 3.1, across 
Newtown Creek (East Branch) between Brooklyn

[[Page 656]]

and Queens, shall open on signal if at least a two-hour advance notice 
is given to the New York City Department of Transportation (NYCDOT) 
Radio Hotline or the NYCDOT Bridge Operations Office.
    (g)(1) The draw of the of the Pulaski Bridge, mile 0.6, and the 
Greenpoint Avenue Bridge, mile 1.3, shall open on signal if at least a 
two hour advance notice is given to the New York City Department of 
Transportation Radio (Hotline) Room.
    (2) The Pulaski Bridge, mile 0.6, need not open for vessel traffic 
at various times between 8 a.m. and 5 p.m. on the first Sunday in both 
May and November. The exact time and date of the bridge closure will be 
published in the Local Notice to Mariners several weeks prior to the 
first Sunday of both May and November.

[CGD01-99-069, 65 FR 46872, Aug. 1, 2000, as amended by CGD01-04-019, 69 
FR 34573, June 22, 2004]



Sec.  117.802  New Rochelle Harbor.

    (a) The draw of the Glen Island Bridge, mile 0.8, at New Rochelle, 
New York, shall open on signal, except as follows:
    (1) two hours advance notice shall be given for openings from 12 
midnight to 6 a.m. from May 1st through October 31st by calling the 
number posted at the bridge.
    (2) twenty-four hours advance notice shall be given for openings 
from 8 p.m. to 8 a.m. from November 1st through April 30th by calling 
the number posted at the bridge.
    (b) The owner of the bridge shall provide, and keep in good legible 
condition, clearance gauges with figures not less than twelve (12) 
inches high designed, installed, and maintained according to the 
provisions of Sec.  118.160 of this chapter.

[CGD1-95-002, 63 FR 27680, May 20, 1998]



Sec.  117.803  Niagara River.

    The draw of the Canadian National Railway bridge, mile 33.0 at 
Buffalo, need not be opened for the passage of vessels.



Sec.  117.805  Peekskill (Annsville) Creek.

    The draw of the Conrail bridge, mile 0.0 at Peekskill, need not be 
opened for the passage of vessels.



Sec.  117.809  Tonawanda Creek.

    The draw of the Penn Central Corporation railroad bridge, mile 0.1 
at Tonawanda, is permanently maintained in the open position.



Sec.  117.811  Tonawanda Harbor.

    The draw of the Tonawanda Island Railroad bridge, mile 0.2 between 
North Tonawanda and Tonawanda Island, shall open on signal if at least 
24 hours notice is given.



Sec.  117.813  Wappinger Creek.

    The draw of the Metro-North Commuter railroad bridge, mile 0.0 at 
New Hamburg, need not be opened for the passage of vessels. However, the 
draw shall be returned to operable condition within six months after 
notification by the District Commander to do so.



Sec.  117.815  Westchester Creek.

    The draw of the Bruckner Boulevard/Unionport Bridge, mile 1.7, at 
the Bronx, New York, shall open on signal if at least a two-hour advance 
notice is given to the New York City Department of Transportation 
(NYCDOT) radio hotline, or the NYCDOT Bridge Operations Office. The draw 
need not be opened for vessel traffic from 7 a.m. to 9 a.m. and 4 p.m. 
to 6 p.m., Monday through Friday. The owner of the bridge shall provide 
clearance gauges according to the provisions of Sec.  118.160 of this 
chapter.

[CGD01-99-070, 65 FR 45718, July 25, 2000]

                             North Carolina



Sec.  117.820  Atlantic Intracoastal Waterway (Alternate Route),
Great Dismal Swamp Canal.

    The draw of the Great Dismal Swamp Canal Bridge, mile 28.0 at South 
Mills, NC, shall operate as follows:
    (a) The draw shall remain in the open position for navigation. The 
draw shall only be closed for pedestrian crossings or periodic 
maintenance authorized in accordance with Subpart A of this part.

[[Page 657]]

    (b) The bridge shall be operated by the Park Service Rangers at the 
Great Dismal Swamp Visitors Center. Operational information will be 
provided 24 hours a day on marine channel 13.
    (c) The bridge shall not be operated when the operator's visibility 
is impaired.
    (d) Before the bridge closes for any reason, the operator will 
monitor waterway traffic in the area. The bridge shall only be closed if 
the operator's visual inspection shows that the channel is clear and 
there are no vessels transiting in the area. While the bridge is moving, 
the operator shall maintain constant surveillance of the navigation 
channel.
    (e) Before closing the draw, the horn will sound five short blasts. 
Five short blasts of the horn will continue until the bridge is seated 
and locked down to vessels.
    (f) When pedestrian traffic has cleared, the horn will sound one 
prolonged blast followed by one short blast to indicate the draw is 
opening to vessel traffic.

[CGD05-06-017, 71 FR 40420, July 17, 2006]



Sec.  117.821  Atlantic Intracoastal Waterway, Albermarle Sound to
Sunset Beach.

    (a) The drawbridges across the Atlantic Intracoastal Waterway in 
North Carolina shall open on signal for commercial vessels at all times 
and on signal for pleasure vessels, except at the times and during the 
periods specified in this paragraph:
    (1) Onslow Beach Swing Bridge, mile 240.7, at Cap Lejeune, NC, 
between 7 a.m. and 7 p.m., the draw need only open on the hour and half 
hour.
    (2) S.R. 50 Bridge, mile 260.7, at Surf City, NC, between 7 a.m. and 
7 p.m., the draw need only open on the hour.
    (3) Figure Eight Swing Bridge, mile 278.1, at Scotts Hill, NC, the 
draw need only open on the hour and half hour.
    (4) S.R. 74 Bridge, mile 283.1, at Wrightsville Beach, NC, between 7 
a.m. and 7 p.m., the draw need only open on the hour; except that from 7 
a.m. to 9 a.m. on the second Saturday of July of every year, from 7 a.m. 
to 11 a.m. on the third and fourth Saturday of September of every year, 
and from 7 a.m. to 10:30 a.m. on the last Saturday of October of every 
year or the first or second Saturday of November of every year, the draw 
need not open for vessels due to annual races.
    (5) S.R. 1172 Bridge, mile 337.9, at Sunset Beach, NC, shall open on 
the hour on signal between 7 a.m. to 9 p.m.
    (b) If a pleasure vessel is approaching a drawbridge which is only 
required to open on the hour or on the hour and half hour, and cannot 
reach the drawbridge on the hour or on the half hour, the drawtender may 
delay the required opening up to 10 minutes past the hour or half hour.

[CGD05-97-072, 63 FR 9419, Feb. 25, 1998]

    Editorial Note: For Federal Register citations affecting Sec.  
117.821, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec.  117.822  Cape Fear River.

    The draw of the Cape Fear Memorial Bridge, mile 26.8, at Wilmington 
need not open for the passage of vessels from 7 a.m. to 9 a.m. on the 
second Saturday of July of every year, and from 7 a.m. to 11 a.m. on the 
first or second Sunday of November of every year to accommodate annual 
races.

[USCG-2012-0193, 77 FR 50378, Aug. 21, 2012]



Sec.  117.823  Gallants Channel.

    The draw of the US 70 bridge, mile 0.1, at Beaufort, will open as 
follows:
    (a) From 6 a.m. to 10 p.m., the draw need only open on the hour and 
on the half hour; except that Monday through Friday the bridge need not 
open between the hours of 6:30 a.m. to 8 a.m. and 4:30 p.m. to 6 p.m.
    (b) From 10 p.m. to 6 a.m., the bridge will open on signal.

[USCG-2012-0306, 77 FR 37315, June 21, 2012]



Sec.  117.824  Neuse River.

    The draw of the Atlantic and East Carolina Railway Bridge, mile 
80.0, at Kinston shall open on signal if at least 24 hours notice is 
given.

[USCG-2011-0974, 76 FR 72311, Nov. 23, 2011]



Sec.  117.825  Newport River.

    The draw of the Atlantic and East Carolina Railway bridge, mile 13.0 
at

[[Page 658]]

Newport, need not be opened for the passage of vessels.



Sec.  117.829  Northeast Cape Fear River.

    (a) The draw of the Isabel S. Holmes Bridge, at mile 1.0, at 
Wilmington, North Carolina will operate as follows:
    (1) The draw will be closed to pleasure craft from 6 a.m. to 6 p.m. 
every day except at 10 a.m. and 2 p.m. when the draw will open for all 
waiting vessels.
    (2) The draw will open on signal for Government and commercial 
vessels at all times.
    (3) The draw will open for all vessels on signal from 6 p.m. to 6 
a.m.
    (4) From 7 a.m. to 9 a.m. on the second Saturday of July of every 
year, from 12 p.m. to 11:59 p.m. on the last Saturday of October or the 
first or second Saturday of November of every year, and from 7 a.m. to 
11 a.m. on the first or second Sunday of November of every year, the 
draw need not open for vessels to accommodate annual races.
    (b) The CSX Hilton Railroad Bridge, mile 1.5 in Wilmington, NC shall 
operate as follows:
    (1) The draw of the bridge to be remotely operated by the controller 
at the Navassa Railroad Bridge mile 34.0 across the Cape Fear River.
    (2) The draw shall be left in the open position to vessels and will 
only be closed for the passage of trains and to perform periodic 
maintenance authorized in accordance with Subpart A of this part.
    (3) Trains shall be controlled so that any delay in opening of the 
draw shall not exceed ten minutes except as provided in 117.31(b).
    (4) The CSX Hilton Railroad Bridge shall not be operated by the 
controller at the CSX Navassa Railroad in the event of failure or 
obstruction of the motion sensors, laser scanners, video cameras or 
marine-radio communications. In these situations, a bridge tender must 
be called to operate the bridge on-site.
    (5) When rail traffic has cleared, the horn will automatically sound 
one prolonged blast followed by one short blast to indicate that the CSX 
Hilton Railroad Bridge is moving to the full open position to vessels. 
During open span movement, the channel traffic lights will flash red, 
until the bridge is in the full open position to vessels. In the full 
open position to vessels, the bridge channel traffic lights will flash 
green, allowing vessels to pass safely.
    (6) During closing span movement, the channel traffic lights will 
flash red, the horn will sound five short blasts, and an audio voice-
warning device will announce bridge movement. Five short blasts of the 
horn will continue until the bridge is seated and locked down. When the 
bridge is seated and in the locked down position to vessels, the channel 
traffic lights will continue to flash red.
    (c) The draw of the Seaboard System Railroad Bridge across the 
Northeast Cape Fear River, mile 27.0, at Castle Hayne, North Carolina 
shall open on signal if at least four hours notice is given.

[CGD05-02-014, 67 FR 70554, Nov. 25, 2002, as amended by CGD05-04-120, 
69 FR 70061, Dec. 2, 2004; CGD05-05-102, 71 FR 5010, Jan. 31, 2006; 
USCG-2010-1139, 76 FR 30832, May 27, 2011; USCG-2012-0193, 77 FR 50378, 
Aug. 21, 2012]



Sec.  117.831  Pamlico and Tar Rivers.

    The draws of the US17-264 bridge, mile 37.2 at Washington, and the 
Boyds Ferry bridge, mile 44.8 at Grimesland, shall open on signal if at 
least 24 hours notice is given. The bridge owners shall restore constant 
attendance when so directed by the District Commander.



Sec.  117.833  Pasquotank River.

    (a) The draw of the Albemarle & Chesapeake railroad bridge, mile 
47.7, at Elizabeth City, North Carolina, shall be maintained in the open 
position; the draw may close only for the crossing of trains and 
maintenance of the bridge. When the draw is closed, a bridgetender shall 
be present to reopen the draw after the train has cleared the bridge.
    (b) The draw of the US 158 Highway Bridge, mile 50.7, at Elizabeth 
City, shall open on signal; except that between 7 a.m. and 9 a.m., and 4 
p.m. and 6 p.m., Monday through Friday, the draw need open only at 7:30 
a.m., 8:30 a.m., 4:30 p.m., and 5:30 p.m. for any pleasure vessels 
waiting to pass.

[CGD05-94-118, 60 FR 40098, Aug. 7, 1995, as amended by CGD05-97-009, 62 
FR 66006, Dec. 17, 1997]

[[Page 659]]



Sec.  117.835  Perquimans River.

    The draw of the US17 bridge, mile 12.0 at Hertford, shall open on 
signal from 8 a.m. to midnight from April 1 through September 30 and 
from 10 a.m. to 10 p.m. from October 1 through March 31. The draw need 
not be opened at all other times.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984]



Sec.  117.837  Roanoke River.

    The draw of the Seaboard System Railroad bridge, mile 94.0 at 
Palmyra, need not be opened for the passage of vessels.

[CGD5-92-004, 57 FR 11580, Apr. 6, 1992]



Sec.  117.841  Smith Creek.

    The draw of the S117-S133 Bridge, mile 1.5 at Wilmington, need not 
open for the passage of vessels.

[USCG-2008-0302, 73 FR 46194, Aug. 8, 2008]



Sec.  117.843  Trent River.

    (a) The draw of the U.S. 70 bridge, mile 0.0, at New Bern:
    (1) Need not open from 6:30 a.m. to 8:30 a.m. and from 4:00 p.m. to 
6:00 p.m., Monday through Friday, for pleasure vessels. However, the 
draw shall open at 7:30 a.m. and 5:00 p.m. for any vessel waiting to 
pass.
    (2) Need not open from 2:00 p.m. to 7:00 p.m. from May 24 through 
September 8, on Sundays and Federal holidays, for pleasure vessels. 
However, the draw shall open at 4:00 p.m. and 6:00 p.m. for any vessel 
waiting to pass.
    (3) Must always open on signal for public vessels of the United 
States.
    (4) Shall open on signal at all other times.
    (b) The draws of the Seaboard System Railroad bridge, mile 18.0 near 
Pollocksville, need not be opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD5-88-53, 54 FR 
1361, Jan. 13, 1989; USCG-2001-10881, 71 FR 70312, Dec. 4, 2006]

                                  Ohio



Sec.  117.847  Ashtabula River.

    (a) The draw of the Fifth Street bridge, mile 1.4 at Ashtabula, 
shall open on signal for the passage of commercial and emergency vessels 
and on the hour and half hour for all other vessels.
    (b) The draw of the Norfolk Southern Bridge, mile 1.5 at Ashtabula, 
is remotely operated, is required to operate a radiotelephone, and shall 
open on signal from April 1 through November 30 from 7 a.m. to 11 p.m. 
At all other times the draw shall open on signal if at least 24 hours 
notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by USCG-1999-5832, 
64 FR 34712, June 29, 1999; USCG-2009-0968, 74 FR 63612, Dec. 4, 2009]



Sec.  117.849  Muskingum River (Zanesville Canal).

    The draw of the Conrail bridge, mile 77.1 at Zanesville, shall open 
on signal Tuesday through Friday if the Conrail office is notified by 
12:01 p.m. on the day preceding the day the opening is required. For 
openings Saturday through Monday, the Conrail office shall be notified 
by 12:01 p.m. on Friday specifying which day and time the opening is 
required. In case of emergency, the draw shall open as soon as possible.



Sec.  117.850  Black River.

    The draw of the Erie Avenue bridge, mile 0.6, at Lorain shall open 
on signal except as follows:
    (a) From April 1 through December 31--
    (1) From 7 a.m. to 6 p.m., Monday through Friday, except legal 
holidays, the draw need open only on the hour and half-hour for pleasure 
craft; however, the draw need not open for pleasure craft at 8 a.m., 3 
p.m., 4 p.m. and 5 p.m. For commercial vessels the draw shall open on 
signal as soon as possible.
    (2) From 11 a.m. to 6 p.m., Saturdays, Sundays and legal holidays, 
the draw need open only on the hour and half-hour for pleasure craft. 
For commercial vessels the draw shall open on signal as soon as 
possible.
    (3) From 11 p.m. to 7 a.m., seven days a week and legal holidays, no 
bridgetender is required to be in constant attendance and the bridge 
shall open on signal for pleasure craft and commercial vessels if at 
least a one hour advance notice is given.

[[Page 660]]

    (b) From January 1 through March 31, the draw shall open on signal 
for pleasure craft and commercial vessels if at least a twelve hour 
advance notice is given.
    (c) At all times, the draw shall open as soon as possible for public 
vessels of the United States, state or local government vessels used for 
public safety and vessels in distress.

[CCGD09 86-01, 51 FR 28380, Aug. 7, 1986]



Sec.  117.851  Portage River.

    (a) Public vessels of the United States, State or local government 
vessels used for public safety, vessels in distress and vessels seeking 
shelter from rough weather shall be passed through the draws listed in 
this section as soon as possible. Except as provided in paragraph 
(c)(1)(ii) with respect to the Monroe Street bridge, commercial vessels 
shall be passed through the draws of this section as soon as possible.
    (b) The owners of the bridges listed in this section shall provide 
and keep in good legible condition two board gages painted white with 
black figures to indicate the vertical clearance under the closed draw 
at all stages of the tide. The gages shall be so placed on the bridge 
that they are plainly visible to operators of vessels approaching the 
bridge either up or downstream.
    (c) The draw of the Monroe Street bridge, mile 0.4 at Port Clinton, 
shall open as follows:
    (1) From May 1 through November 30--
    (i) Between the hours of 12 midnight and 6 a.m., the draw shall open 
on signal.
    (ii) Between the hours of 6 a.m. and 12 midnight, the draw shall 
open on signal. However, the draw need not open on signal during this 
time for recreational craft and commercial vessels licensed to carry 
fifteen or less passengers, or less than ten gross tons, unless in 
distress or seeking shelter from rough weather. For these vessels, the 
draw need open only from three minutes before to three minutes after the 
hour and half-hour.
    (2) From December 1 through April 30, the draw shall open on signal 
if at least 24 hours' notice is given.
    (d) The draw of the Norfolk Southern Bridge, Mile 1.5 at Port 
Clinton, is remotely operated, is required to operate a radio telephone, 
and shall open on signal. However, from December 1 through April 30, the 
draw shall open on signal if at least 24 hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD09 89-07, 54 
FR 41965, Oct. 13, 1989; USCG-1999-5832, 64 FR 34712, June 29, 1999; 
USCG-2009-0968, 74 FR 63612, Dec. 4, 2009]



Sec.  117.853  Sandusky Bay.

    The draw of the Norfolk Southern Bridge, Mile 3.5 at Sandusky, is 
remotely operated, is required to operate a radiotelephone, and shall 
open on signal from April 1 through October 31 and from November 1 
through November 30 from 8 a.m. to 4 p.m. At all other times, the draw 
shall open on signal if at least 24 hours notice is given.

[USCG-2009-0968, 74 FR 63612, Dec. 4, 2009]



Sec.  117.855  Maumee River.

    (a) The draw of the Craig Memorial highway bridge, mile 3.30, at 
Toledo, shall operate as follows:
    (1) From April through December 20--
    (i) Between the hours of 7 a.m. and 11 p.m., the draw need open only 
from three minutes before to three minutes after the hour and half-hour 
with no opening required at 7:30 a.m. and 4:30 p.m. for pleasure craft; 
for commercial vessels, during this period of time, the draw shall open 
on signal as soon as possible.
    (ii) Between the hours of 11 p.m. and 7 a.m., the draw shall open on 
signal for commercial vessels and pleasure craft.
    (2) From December 21 through March 31, no bridgetenders are required 
to be on duty at the bridge and the draw shall open on signal from 
December 21 through December 31, if at least a four hour advance notice 
is given and from January 1 through March 31, if at least a twelve hour 
advance notice is given.
    (b) The draw of the Cherry Street highway bridge, mile 4.30 at 
Toledo, shall operate as follows:
    (1) From April 1 through December 20--

[[Page 661]]

    (i) Between the hours of 7 a.m. and 11 p.m., the draw need open only 
from three minutes before to three minutes after the quarter and three-
quarter hour with no opening required at 7:45 a.m. and 4:45 p.m. for 
pleasure craft; for commercial vessels, during this period of time, the 
draw shall open on signal as soon as possible.
    (ii) Between the hours of 11 p.m. and 7 a.m., the draw shall open on 
signal for commercial vessels and pleasure craft.
    (2) From December 21 through March 31, no bridgetenders are required 
to be at the bridge and the draw shall open on signal from December 21 
through December 31, if at least a four hour advance notice is given and 
from January 1 through March 31, if at least a twelve hour advance 
notice is given.
    (c) The draws of the CSX Transportation railroad bridge, mile 1.07, 
Wheeling and Lake Erie Railroad Bridge, mile 1.80 and Norfolk Southern 
railroad bridge, mile 5.76, all at Toledo, shall operate as follows:
    (d) At all times, the bridges listed in this section shall open as 
soon as possible for public vessels of the United States, state or local 
government vessels used for public safety and vessels in distress.

[CCGD09 86-11, 51 FR 39858, Nov. 3, 1986, as amended by USCG-1999-5832, 
64 FR 34712, June 29, 1999; USCG-2015-0433, 80 FR 44281, July 27, 2015]

                                 Oregon



Sec.  117.861  Blind Slough.

    The draws of the Portland and Western railroad bridge, mile 1.1 at 
Knappa, shall open on signal if at least one hour notice is given. 
However, the draw shall open promptly on signal from four hours before 
to four hours after each day's authorized commercial fishing period 
established by the Columbia River Compact (Washington State Department 
of Fisheries and the Fish Commission of Oregon) for the Columbia River 
Fishery below Bonneville Dam.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by USCG-2000-7223, 
65 FR 40056, June 29, 2000]



Sec.  117.865  Clatskanie River.

    The draw of the Portland and Western railroad bridge, mile 0.7 at 
Clatskanie, shall open on signal if at least one hours notice is given. 
However, the draw shall open promptly on signal from four hours before 
to four hours after each day's authorized commercial fishing period 
established by the Columbia River Compact (Washington State Department 
of Fisheries and the Fish Commission of Oregon) for the Columbia River 
Fishery below Bonneville Dam.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by USCG-2000-7223, 
65 FR 40056, June 29, 2000]



Sec.  117.869  Columbia River.

    (a) The draws of the Interstate 5 Bridges, mile 106.5, between 
Portland, OR, and Vancouver, WA, shall open on signal except that the 
draws need not be opened for the passage of vessels from 6:30 a.m. to 9 
a.m. and from 2:30 p.m. to 6 p.m. Monday through Friday except federal 
holidays.
    (b) The draw of the Port of Hood River bridge, mile 169.8 at Hood 
River, shall open on signal if at least 12 hours notice is given.
    (c) The draw of the Burlington Northern Santa Fe railroad bridge, 
mile 201.2, between Celilo, Oregon, and Wishram, Washington, is 
automated and is normally maintained in the fully open-to-navigation 
position.
    (1) Lights. All lights required for automated operation shall be 
visible to marine traffic for a distance of at least 2 miles and shall 
be displayed at all times, day and night.
    (i) When the draw is fully open, a steady green light shall be 
displayed at the center of the drawspan on both upstream and downstream 
sides.
    (ii) When the draw is not fully open, a steady red light shall be 
displayed at the center of the drawspan on both upstream and downstream 
sides.
    (iii) When the draw is about to close, flashing yellow lights in the 
form of a down-pointing arrow shall be displayed at the center of the 
drawspan on both upstream and downstream sides.
    (2) Operation. When a train approaches the bridge, the yellow lights 
shall start flashing. After an 8-minute

[[Page 662]]

delay, the green lights shall change to red, the drawspan shall lower 
and lock, and the yellow lights shall be extinguished. Red lights shall 
continue to be displayed until the train has crossed and the drawspan is 
again in the fully open position. At that time, the red lights shall 
change to green.
    (3) Vessels equipped with radiotelephones may contact Burlington 
Northern Santa Fe to obtain information on the status of the bridge. 
Bridge status information also may be obtained by calling the commercial 
telephone number posted at the drawspan of the bridge.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CCGD13 85-02, 50 
FR 31591, Aug. 5, 1985; CGD13-93-031, 60 FR 32268, June 21, 1995; CGD13-
99-011, 65 FR 1544, Jan. 11, 2000]



Sec.  117.871  Coos Bay.

    The draw of the Port of Coos Bay railroad bridge, mile 9.0 at North 
Bend, shall be maintained in the fully open position, except for the 
crossing of trains or maintenance.

[USCG-2009-0840, 75 FR 16006, Mar. 31, 2010]



Sec.  117.873  Coos River.

    The draw of the Oregon State secondary highway bridge, mile 2.2 near 
Eastside, shall open on signal if at least 12 hours notice is given.



Sec.  117.875  Coquille River.

    The draws of the US 101 highway bridge, mile 3.5 at Bandon, Oregon, 
need not be opened for the passage of vessels; however, the draws shall 
be restored to operable condition within 6 months after notification by 
the District Commander to do so.

[USCG-2014-0213, 80 FR 20439, Apr. 16, 2015]



Sec.  117.879  Isthmus Slough.

    The draw of the Oregon State secondary highway bridge, mile 1.0, at 
Coos Bay, shall open on signal if at least 24 hours notice is given.

[CGD13-88-19, 54 FR 3448, Jan. 24, 1989]



Sec.  117.881  John Day River.

    The draw of the Portland and Western railroad bridge, mile 0.0 near 
Astoria, shall open on signal if at least one hour notice is given. 
However, the draw shall open promptly on signal from four hours before 
to four hours after each day's authorized commercial fishing period 
established by the Columbia River Compact (Washington State Department 
of Fisheries and the Fish Commission of Oregon) for the Columbia River 
Fishery below Bonneville Dam.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD13 91-07, 56 
FR 67528, Dec. 31, 1991; USCG-2000-7223, 65 FR 40056, June 29, 2000; 
USCG-2001-10881, 71 FR 70312, Dec. 4, 2006]



Sec.  117.887  Oregon Slough (North Portland Harbor).

    The draw of the Burlington Northern Santa Fe railroad bridge, mile 
3.2 at Portland, shall open on signal if at least one half hours notice 
is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD13 84-13, 49 
FR 35627, Sept. 11, 1984]



Sec.  117.889  Siuslaw River.

    (a) The draw of the US101 bridge, mile 5.0 at Florence, shall open 
on signal if at least two hours notice is given.
    (b) The draw of the Central Oregon and Pacific railroad bridge, mile 
8.0 near Cushman, shall open on signal if at least 24 hours notice is 
given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984, as 
amended by USCG-1998-3799, 63 FR 35527, June 30, 1998]



Sec.  117.892  South Slough.

    The drawspan for the Oregon State Highway Drawbridge across South 
Slough at Charleston must open on signal for the passage of vessels, 
except that between the hours of 7 a.m. and 7 p.m., from June 1 through 
September 30, the drawspan need be opened only on the hour and half-
hour. This exception does not apply to commercial tugs and/or tows or 
public vessels of the United States.

[USCG-2001-10881, 71 FR 70312, Dec. 4, 2006]



Sec.  117.893  Umpqua River.

    (a) The draw of the US 101 Bridge, mile 11.1, at Reedsport, Oregon, 
shall open on signal if at least two hours notice is given.

[[Page 663]]

    (b) The draw of the Central Oregon and Pacific railroad bridge, mile 
11.5 at Reedsport, shall be maintained in the fully open position, 
except for the crossing of trains or other railroad equipment or for 
maintenance. During foggy weather when the draw is closed and the 
channel is not clear for the passage of vessels, a fog horn with an 
audible range of one-half mile from the draw shall be sounded. Two clear 
signals of approximately six seconds duration each, repeated at 
intervals of 60 seconds from completion of the second signal to 
commencement of the next signal, shall be sounded and repeated from 
commencement of closure to full opening of the draw. When the draw is 
again in the open position, the fog horn shall be stopped, indicating 
that the channel is clear for the passage of vessels.
    (c) The draw of the US101 bridge across the side channel of the 
Umpqua River, mile 11.1 near Reedsport, need not be opened for the 
passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD13 84-13, 49 
FR 35628, Sept. 11, 1984; CCGD13 91-06, 56 FR 66599, Dec. 24, 1991; 
USCG-1998-3799, 63 FR 35527, June 30, 1998; USCG-2013-0526, 78 FR 70222, 
Nov. 25, 2013]



Sec.  117.895  Wallooskee River.

    The draw of the Oregon State secondary highway bridge, mile 1.0 near 
Astoria, shall open on signal if at least 48 hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984]



Sec.  117.897  Willamette River.

    (a) The draws of the Union Pacific railroad bridge, mile 119.6 at 
Albany; and mile 164.3 near Harrisburg, need not open for the passage of 
vessels. However the draws shall be returned to operable condition 
within six months after notification by the District Commander to do so.
    (b) The draw of the Oregon State highway bridge, mile 132.1 at 
Corvallis, shall open on signal if at least seven days notice is given. 
However, the draw need not be opened on Saturdays, Sundays, and Federal 
Holidays.
    (c) The draws of the bridges listed in paragraph (c)(3) of this 
section shall open on signal if appropriate advance notice is given to 
the drawtender of the Hawthorne Bridge subject to the following 
requirements and exceptions:
    (1) The draws need not open for the passage of vessels from 7 a.m. 
to 9 a.m. and 4 p.m. to 6 p.m. every Monday through Friday; except that 
on New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving 
Day, and Christmas Day, the draws shall open in accordance with the 
notice requirements of paragraph (c)(3) below.
    (2) During Rose Festival Week or when the water elevation reaches 
and remains above + 12 feet, no advance notice is required to request 
opening, except during the normal closed periods in (c)(1) above.
    (3)(i) Broadway Bridge, mile 11.7, from 8 a.m. to 5 p.m. Monday 
through Friday, one hour's notice shall be given for draw openings. At 
all other times, notice of at least two hours in advance is required.
    (ii) Steel Bridge (upper deck only), Portland, mile 12.1. From 8 
a.m. to 5 p.m. Monday through Friday, one hour's notice shall be given 
for draw openings. At all other times, two hours notice is required.
    (iii) Burnside Bridge, mile 12.4, from 8 a.m. to 5 p.m. Monday 
through Friday, one hour's notice shall be given for draw openings. At 
all other times, two hours notice is required.
    (iv) Morrison Bridge, Portland, mile 12.8, from 8 a.m. to 5 p.m. 
Monday through Friday, one hour's notice shall be given for draw 
openings. At all other times, two hours notice is required.
    (v) Hawthorne Bridge, Portland, mile 13.1, no advance notice 
required.

[CGD13-05-023, 70 FR 73939, Dec. 14, 2005, as amended by USCG-2008-0721, 
74 FR 5986, Feb. 4, 2009]



Sec.  117.899  Youngs Bay and Lewis and Clark River.

    (a) The draw of the US101 (New Youngs Bay) highway bridge, mile 0.7, 
across Youngs Bay at Smith Point, shall open on signal for the passage 
of vessels if at least one half-hour notice is given to the drawtender 
at the Lewis and Clark River Bridge by marine radio, telephone, or other 
suitable means from 7 a.m. to 5 p.m. Monday through Friday and from 8 
a.m. to 4

[[Page 664]]

p.m. on Saturday and Sunday. At all other times, including all Federal 
holidays but Columbus Day, at least a two-hour notice by telephone is 
required. The opening signal shall be two prolonged blasts followed by 
one short blast.
    (b) The draw of the Oregon State (Old Youngs Bay) highway bridge, 
mile 2.4, across Youngs Bay foot of Fifth Street, shall open on signal 
for the passage of vessels if at least one half-hour notice is given to 
the drawtender at the Lewis and Clark River Bridge by marine radio, 
telephone, or other suitable means from 7 a.m. to 5 p.m. Monday through 
Friday and from 8 a.m. to 4 p.m. Saturday and Sunday. At all other 
times, including all Federal holidays but Columbus Day, at least a two-
hour notice by telephone is required. The opening signal is two 
prolonged blasts followed by one short blast.
    (c) The draw of the Oregon State (Lewis and Clark River) highway 
bridge, mile 1.0, across the Lewis and Clark River, shall open on signal 
for the passage of vessels if at least one half-hour notice is given by 
marine radio, telephone, or other suitable means from 7 a.m. to 5 p.m. 
Monday through Friday and from 8 a.m. to 4 p.m. on Saturday and Sunday. 
At all other times, including all Federal holidays but Columbus Day, at 
least a two-hour notice by telephone is required. The opening signal is 
one prolonged blast followed by four short blasts.
    (d) The draw of the Oregon State (Old Youngs Bay) Highway Bridge, 
mile 2.4, across Youngs Bay foot of Fifth Street, shall open the south 
half of the double bascule span on signal for the passage of vessels, if 
at least one half-hour notice is given to the drawtender, at the Lewis 
and Clark River Bridge by marine radio, telephone, or other suitable 
means from 7 a.m. to 5 p.m. Monday through Friday and from 8 a.m. to 4 
p.m. Saturday and Sunday from March 1, 2017 to October 31, 2017. At all 
other times, including all Federal holidays, but Columbus Day, at least 
a two-hour notice by telephone is required. The opening signal is two 
prolonged blasts followed by one short blast.

[CGD13-06-048, 72 FR 9436, Mar. 2, 2007]

    Effective Date Note: By USCG-2016-0968, 82 FR 9971, Feb. 9, 2017, 
Sec.  117.899 was amended by suspending paragraph (b) and adding 
paragraph (d), effective from 7 a.m. on Mar. 1, 2017 to 5 p.m. on Oct. 
31, 2017.

                              Pennsylvania



Sec.  117.901  Chester Creek.

    The draw of the Front Street bridge, mile 0.1 at Chester, shall open 
on signal if at least 24 hours notice is given.



Sec.  117.903  Darby Creek.

    (a) The draw of the Conrail automated railroad bridge, mile 0.25, at 
Essington, shall operate as follows:
    (1) The bridge will be operated remotely by the South Jersey Train 
Dispatcher located in Mt. Laurel, NJ. Operational information will be 
provided 24 hours a day by telephone at (856) 231-2282.
    (2) From April 1 through October 31, the draw shall be left in the 
open position and will only be lowered for the passage of trains and to 
perform periodic maintenance authorized in accordance with subpart A of 
this part.
    (3) From November 1 through March 31, the draw shall open on signal 
if at least 24 hours notice is given by telephone at (856) 231-2282. 
Operational information will be provided 24 hours a day by telephone at 
(856) 231-2282.
    (4) The timeframe to initiate the bridge closure will be not more 
than 10 minutes before a train will arrive at the bridge location. If a 
train, moving toward the bridge has crossed the home signal for the 
bridge, the train may continue across the bridge and must clear the 
bridge prior to stopping for any reason. Trains shall be controlled so 
that any delay in opening of the draw shall not exceed fifteen minutes 
except as provided in Sec.  117.31(b).
    (5) The bridge will be equipped with cameras and channel sensors to 
visually and electronically ensure the waterway is clear before the 
bridge closes. The video and sensors are located and monitored at the 
remote operating location in Mt. Laurel, NJ. The channel sensors signal 
will be a direct input to the bridge control system. In the event of 
failure or obstruction of the infrared channel sensors, the bridge will 
automatically stop closing and the South Jersey Train Dispatcher will 
return the bridge to the open position. In the

[[Page 665]]

event of video failure the bridge will remain in the full open position.
    (6) The Conrail Railroad center span light will change from fixed 
green to flashing red anytime the bridge is not in the full open 
position.
    (7) Prior to downward movement of the span, the horn will sound two 
prolonged blasts, followed by a pause, and then two short blasts until 
the bridge is seated and locked down. At the time of movement, the 
center span light will change from fixed green to flashing red and 
remain flashing until the bridge has returned to its full open position.
    (8) When the train controller at Mt. Laurel has verified that rail 
traffic has cleared, they will sound the horn five times to signal the 
draw is about to return to its full open position.
    (9) During upward movement of the span, the horn will sound two 
prolonged blasts, followed by a pause, and then sound two short blasts 
until the bridge is in the full open position. The center span light 
will continue to flash red until the bridge is in the fully open 
position.
    (10) When the draw cannot be operated from the remote site, a bridge 
tender must be called to operate the bridge in the traditional manner. 
Personnel shall be dispatched to arrive at the bridge as soon as 
possible, but not more than one hour after malfunction or disability of 
the remote system.
    (b) The Reading Railroad Bridge, mile 0.3, at Essington, will be 
left in the full open position at all times.

[CGD05-01-052, 67 FR 64170, Feb. 11, 2002, as amended by CGD05-06-086, 
71 FR 77615, Dec. 27, 2006; USCG-2014-0367, 79 FR 68776, Nov. 19, 2014]



Sec.  117.904  Delaware River.

    See Sec.  117.716, Delaware River, listed under New Jersey.

[CGD 92-015, 57 FR 37880, Aug. 21, 1992]



Sec.  117.905  Schuylkill River.

    (a) The following requirements apply to all drawbridges across the 
Schuylkill River:
    (1) The draws of railroad bridges need not be opened when there is a 
train in the bridge block approaching the bridge with the intention of 
crossing, or within five minutes of the known time of the passage of a 
scheduled passenger train.
    (2) The opening of a bridge may not be delayed more than five 
minutes for a highway bridge or 10 minutes for a railroad bridge, after 
the signal to open is given.
    (3) The owners of drawbridges shall provide and keep in good legible 
condition two board gages painted white with black figures not less than 
six inches high to indicate the vertical clearance under the closed draw 
at all stages of the tide. The gages shall be so placed on the bridge 
that they are plainly visible to operators of vessels approaching the 
bridge either up or downstream.
    (b) The Passyunk Avenue bridge, mile 3.5 at Philadelphia, shall open 
on signal at all times if at least four hours notice is given. Public 
vessels of the United States shall be passed as soon as possible at any 
time.
    (c) The draw of the Conrail bridge, mile 5.5 at Grays Ferry Avenue, 
Philadelphia, shall open on signal; except that, on Saturdays and 
Sundays, the draw shall open on signal if at least two hours notice is 
given. Public vessels of the United States shall be passed as soon as 
possible at any time.
    (d) The draw of the University Avenue bridge, mile 6.2 at 
Philadelphia, shall open on signal at all times if at least two hours 
notice is given. Public vessels of the United States shall be passed as 
soon as possible at any time.
    (e) The draw of the CSX Bridge, mile 6.4 near Christian Street, 
Philadelphia, need not be opened for the passage of vessels.

[CGD 82-025, 49 FR 43462, Oct. 29, 1984, as amended by USCG-2012-0625, 
77 FR 63729, Oct. 17, 2012]

                         Rhode Island [Reserved]

                             South Carolina



Sec.  117.911  Atlantic Intracoastal Waterway, Little River to Savannah River.

    (a) General. Public vessels of the United States and tugs with tows, 
upon proper signal, will be passed through the drawspan of each 
drawbridge listed in this section at anytime.
    (b) [Reserved]

[[Page 666]]

    (c) Ben Sawyer (SR 703) bridge across Sullivan's Island Narrows, 
mile 462.2 between Sullivan's Island and Mount Pleasant. The draw shall 
open on signal; except that, the draw need not open from 7 a.m. to 9 
a.m. and from 4 p.m. to 6 p.m. Monday through Friday except Federal 
holidays. On Saturdays, Sundays, and Federal holidays from 9 a.m. to 7 
p.m. the draw need open only on the hour.
    (d) SR 171/700 bridge across Wappoo Creek Mile 470.8 at Charleston. 
The draw shall open on signal, except that from April 1 to November 30 
from 9 a.m. to 4 p.m. Monday through Friday, except federal holidays, 
and from 9 a.m. to 7 p.m., on Saturdays, Sundays and federal holidays, 
the bridge need not open except on the hour and half-hour. From June 1 
to September 30 and from December 1 to March 30 the draw need not open 
from 6:30 a.m. to 9 a.m. and from 4 p.m. to 6:30 p.m. Monday through 
Friday, except federal holidays, and from April 1 to May 31 and from 
October 1 to November 30 Monday through Friday, except federal holidays, 
the draw need not open from 6 a.m. to 9 a.m. and from 4 p.m. to 6:30 
p.m.
    (e) John Limehouse Bridge across the Stone River, mile 479.3 at 
Johns Island. The draw of the John Limehouse Bridge shall open on 
signal; except that the draw need not open from 6:30 a.m. to 9 a.m. and 
from 4 p.m. to 6:30 p.m., Monday through Friday except Federal holidays. 
Between 9 a.m. and 4 p.m., Monday through Friday except Federal 
holidays, the draw need open only on the hour and half hour. The draw 
shall open as soon as possible for the passage of tugs with tows, public 
vessels of the United States and vessels in a situation where a delay 
would endanger life or property.
    (f) Lady's Island Bridge, across the Beaufort River, Mile 536.0 at 
Beaufort. The draw shall operate as follows:
    (1) On Monday through Friday, except Federal holidays:
    (i) From 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m., the draw need not 
open; and,
    (ii) Between 9 a.m. to 4 p.m., the draw need open only on the hour 
and half-hour.
    (2) At all other times the draw shall open on signal.

[CGD7 84-29, 50 FR 51250, Dec. 16, 1985]

    Editorial Note: For Federal Register citations affecting Sec.  
117.911, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec.  117.913  Ashepoo River.

    The draw of the Seaboard System Railroad bridge, mile 32.0 at 
Ashepoo, need not be opened for the passage of vessels. However, the 
draw shall be returned to operable condition within six months after 
notification by the District Commander to do so.



Sec.  117.915  Ashley River.

    (a) The draws of the US17 highway bridges, miles 2.4 and 2.5 at 
Charleston, shall open on signal; except that, from 7 a.m. to 9 a.m. 
Monday through Friday and 4 p.m. to 7 p.m. daily, the draws need be 
opened only if at least 12 hours notice is given. The draws of either 
bridge shall open as soon as possible for the passage of vessels in an 
emergency involving danger to life or property.
    (b) The draw of the Seaboard System Railroad bridge, mile 12.0 near 
Drayton Hall, shall open on signal from 7 a.m. to 11 p.m. From 11 p.m. 
to 7 a.m., the draw shall open on signal if at least three hours notice 
is given.



Sec.  117.917  Battery Creek.

    The draw of the State highway bridge, mile 2.1 between Beaufort and 
Parris Island, shall open on signal if at least 24 hours notice is 
given.



Sec.  117.921  Broad River.

    (a) The draw of the S170 bridge, mile 14.0 near Beaufort, shall open 
on signal if at least 24 hours notice is given.
    (b) The draw of the Seaboard System Railroad bridge, mile 17.0 near 
Whale Branch, shall open on signal if at least 24 hours notice is given.



Sec.  117.923  Congaree River.

    The draw of the Southern Railway bridge, mile 4.3 at Moye's Station, 
shall open on signal if at least 24 hours notice is given.



Sec.  117.925  Cooper River.

    The draw of the Seaboard System Railroad bridge, mile 42.8 near

[[Page 667]]

Cordesville, shall open on signal if at least six hours advance notice 
is given.

[CGD 7-85-24, 50 FR 37175, Sept. 12, 1985]



Sec.  117.927  Coosaw River (Whale Branch).

    The draw of the Seaboard System Railroad bridge, mile 5.3 at 
Seabrook, and the draw of the US21 bridge, mile 7.0 at Beaufort, shall 
open on signal from 6 a.m. to 8 p.m. Monday through Friday if at least 
24 hours notice is given. At all other times, the draw need not be 
opened for the passage of vessels.



Sec.  117.929  Durham Creek.

    The removable span of the Seaboard System Railroad bridge, mile 1.7 
at Bushy Park, shall be removed to allow the passage of dredges and 
construction equipment if at least 20 days notice is given. When 
notified by the City of Charleston of an emergency in the Bushy Park 
Reservoir, the span shall be removed as soon as possible to permit the 
passage of dredges and construction equipment.



Sec.  117.933  Pee Dee River.

    The draws of the Seaboard System Railroad bridges, mile 72.6 near 
Poston and mile 107.2 near Pee Dee, need not be opened for the passage 
of vessels.



Sec.  117.935  Rantowles Creek.

    The draw of the Seaboard System Railroad bridge, 1.1 near Rantowles, 
need not be opened for the passage of vessels.



Sec.  117.936  Savannah River.

    See Sec.  117.371, Savannah River, listed under Georgia.

[CGD 92-015, 57 FR 37880, Aug. 21, 1992]



Sec.  117.938  Waccamaw River.

    The draw of the Waccamaw Coast Line Railroad bridge, mile 44.4 at 
Conway, shall open on signal; except that from 8 a.m. to 6 p.m. Monday 
through Friday, the draw shall open on signal if at least one hour 
notice is given.

[CGD7-90-80, 56 FR 1491, Jan. 15, 1991]



Sec.  117.939  Wando River.

    The draw of the S41 bridge, mile 10.0 near Cainhoy, shall open on 
signal if at least 12 hours notice is given.

                              South Dakota



Sec.  117.941  Missouri River.

    The draws of the US81 bridge, mile 805.7 at Yankton, and the Chicago 
and Northwestern Railroad bridge, mile 1066.5 at Pierre, need not be 
opened for the passage of vessels.

                                Tennessee



Sec.  117.943  Cumberland River.

    The draw of the Clarksville Railroad bridge over the Cumberland 
River, mile 126.5, at Clarksville, shall open on signal when the 
vertical clearance under the navigational span is 47 feet or less. The 
draw shall open on signal if at least two hours notice is given when the 
vertical clearance is greater than 47 feet. The draw need not be opened 
for a vessel that arrives at the bridge more than 30 minutes after the 
time specified in the notice, unless a second two hours notice has been 
given.

[CGD02 86-01, 51 FR 32319, Sept. 11, 1986, as amended by USCG-1998-3799, 
63 FR 35527, June 30, 1998]



Sec.  117.945  Hatchie River.

    The draws of the Illinois Central Gulf railroad bridge, mile 35.0 at 
Covington, and the Seaboard System Railroad bridge, mile 71.0 at 
Brownsville, need not be opened for the passage of vessels.



Sec.  117.947  Obion River.

    The draws of all bridges on the Obion River need not be opened for 
the passage of vessels.



Sec.  117.949  Tennessee River.

    The draws of the Chief John Ross Bridge over the Tennessee River, 
mile 464.1, at Chattanooga, and the Southern Railway Bridge over the 
Tennessee River, mile 470.7, at Hixon, Tennessee, shall open on signal 
when the vertical clearance beneath the draw is 50 feet or less. When 
the vertical clearance beneath the draw is more than 50 feet, at least 
eight hours notice is required.

[[Page 668]]

When the operator of a vessel returning through the draw within four 
hours informs the drawtender of the probable time of return, the 
drawtender shall return one half hour before the time specified and 
promptly open the draw on signal for the vessel without further notice. 
If the vessel giving notice fails to arrive within one hour after the 
arrival time specified, whether upbound or downbound, a second eight 
hours notice is required.

[CGD02 86-02, 51 FR 32320, Sept. 11, 1986; 51 FR 41894, Nov. 19, 1986, 
as amended by USCG-2001-10881, 71 FR 70312, Dec. 4, 2006]

                                  Texas



Sec.  117.951  Arroyo Colorado River.

    The draw of the S106 highway bridge, mile 22.5 at Rio Hondo, shall 
open on signal if at least 12 hours notice is given.



Sec.  117.953  Brazos River (Diversion Channel).

    (a) The draw of the S36 highway bridge, mile 4.4 at Freeport, shall 
open on signal if at least 12 hours notice is given.
    (b) The draw of the Union Pacific railroad bridge, mile 22.6 at 
Brazoria, need not be opened for the passage of vessels.



Sec.  117.955  Buffalo Bayou.

    (a) The draw of the Houston Belt and Terminal railroad bridge, mile 
1.2 at Houston, and all drawbridges downstream of it, shall open on 
signal if at least 24 hours notice if given.
    (b) The draw of the Union Pacific Rail Road Bridge, mile 3.1, need 
not be opened to the passage of vessels.

[CGD-8-89-11, 55 FR 2066, Jan. 22, 1990, as amended by CGD08-98-066, 63 
FR 55030, Oct. 14, 1998; USCG-2011-0100, 76 FR 16296, Mar. 23, 2011]



Sec.  117.957  Cedar Bayou.

    The draw of the Union Pacific railroad automated bridge, mile 7.0 at 
Baytown, operates as follows:
    (a) The draw shall be maintained at a vertical clearance of 81.4 
feet above mean high water. Fixed green navigation lights shall be 
displayed in the center of the draw.
    (b) When a train approaches the bridge, the navigation lights shall 
be changed from green to red, alternating flashing red lights turned on, 
and a horn sounded for six minutes. At the end of six minutes, the draw 
may be lowered and locked if the scanning equipment does not detect any 
object under the span. If the scanning equipment detects an obstruction, 
the draw shall be raised until the obstruction is cleared.
    (c) After a train has cleared the bridge, the draw shall be raised 
to 81.4 feet above mean high water, the flashing red lights stopped, and 
the navigation lights changed from red to green.



Sec.  117.959  Chocolate Bayou.

    The draw of the Union Pacific railroad bridge, mile 11.4 at 
Liverpool, need not be opened for the passage of vessels.



Sec.  117.963  Colorado River.

    The draw of the highway bridge, mile 10.7 at Wadsworth need open on 
signal Monday through Friday only, and then only from 8 a.m. to 5 p.m. 
At least 48 hours notice is required.

[CGD8-90-22, 56 FR 488, Jan. 7, 1991]



Sec.  117.965  Cow Bayou.

    The draws of the Orange County highway bridge, mile 2.9 at West 
Orange, and the S87 bridge, mile 4.5 at Bridge City, shall open on 
signal if at least six hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by USCG-2012-0306, 
77 FR 37315, June 21, 2012]



Sec.  117.966  Galveston Channel.

    The drawspan for the Pelican Island Causeway Drawbridge across 
Galveston Channel, mile 4.5 of the Galveston Channel, (GIWW mile 356.1) 
at Galveston, Texas, must open on signal; except that, from 6:40 a.m. to 
8:10 a.m., 12 noon to 1 p.m., and 4:15 p.m. to 5:15 p.m. Monday through 
Friday except Federal holidays, the drawspan need not be opened for 
passage of vessels. Public vessels of the United States must be passed 
at anytime.

[USCG-2001-10881, 71 FR 70312, Dec. 4, 2006. Redesignated by USCG-2011-
0257, 76 FR 31837, June 2, 2011]

[[Page 669]]



Sec.  117.967  Greens Bayou.

    The draw of the Port Terminal Railroad Association railroad bridge, 
mile 2.8 at Houston, shall open on signal if at least four hours notice 
is given. The draw shall open on signal for three hours thereafter for 
returning downbound vessels.



Sec.  117.968  Gulf Intracoastal Waterway.

    The drawspan for the Port Isabel Drawbridge, mile 666.0, must open 
on signal; except that, from 5 a.m. to 8 p.m. on weekdays only, 
excluding federal, state, and local holidays, the drawspan need open 
only on the hour for pleasure craft. The drawspan must open on signal at 
anytime for commercial vessels. When the drawspan is open for a 
commercial vessel, waiting pleasure craft must be passed.

[USCG-2001-10881, 71 FR 70312, Dec. 4, 2006]



Sec.  117.969  Lavaca River.

    The draws of the Union Pacific railroad bridge, mile 11.2, and the 
highway bridge, mile 11.2, both at Vanderbilt, shall open on signal if 
at least 48 hours notice is given. In emergencies, the draws shall open 
as soon as possible.



Sec.  117.971  Neches River.

    (a) The draw of the Kansas City Southern automated bridge, mile 
19.5, at Beaumont, is not constantly manned and is operated from a 
remote site in Shreveport, Louisiana. The bridge is normally maintained 
in the closed to navigation position, providing 13 feet of vertical 
clearance above mean high tide. This bridge will open on signal.
    (1) Mariners may request a bridge opening at anytime via one of the 
following methods:
    (i) Telephone at 1-800-892-6295;
    (ii) Marine radio on VHF-FM Channel 16; or
    (iii) Proper sound signal as prescribed in Sec.  117.15.
    (2) When signaling by sound, if return sound signal is not sent from 
the remote bridge operator, in compliance with Sec.  117.15, contact the 
remote operator via telephone or marine radio.
    (3) An audible warning siren will sound when the bridge is in 
motion. Video cameras will constantly monitor the waterway near and 
under the draw. Once a vessel has passed through the bridge, the draw 
will lower, provided the infrared ``under bridge'' presence detector and 
video cameras reveal nothing under the draw.
    (b) The draw of the Burlington Northern Santa Fe railroad bridge, 
mile 53.9 at Evadale, need not be opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 08-00-026, 65 
FR 71059, Nov. 29, 2000; USCG-2011-0257, 76 FR 31837, June 2, 2011]



Sec.  117.975  Old Brazos River.

    The draw of the Union Pacific railroad bridge, mile 4.4 at Freeport, 
shall be maintained in the fully open position, except for the crossing 
of trains or for maintenance.



Sec.  117.979  Sabine Lake.

    The draw of the S82 bridge, mile 10.0 at Port Arthur, shall open on 
signal; except that, from 9 p.m. to 5 a.m., the draw shall open on 
signal if at least six hours notice is given to the Maintenance 
Construction Supervisor or the Maintenance Foreman at Port Arthur.



Sec.  117.981  Sabine River.

    See Sec.  117.493, Sabine River, listed under Louisiana.

[CGD 92-015, 57 FR 37880, Aug. 21, 1992]



Sec.  117.984  San Bernard River.

    The draw of the Union Pacific railroad bridge, mile 20.7 near 
Brazoria, shall open on signal; except that, from 10 a.m. to 2 p.m. and 
10 p.m. to 2 a.m., the draw shall open on signal if at least three hours 
notice is given.

[CGD 08-84-14, 50 FR 15743, Apr. 22, 1985]



Sec.  117.987  Taylor Bayou.

    The draws of the Union Pacific railroad bridge, mile 2.0, and the 
S73 bridge, mile 10.2, both at West Port Arthur, need not be opened for 
the passage of vessels.



Sec.  117.988  Taylor Bayou Outfall Canal (Joint Outfall Canal (JOC)).

    The draw of the Valero Bridge, mile 2.44, at the Valero facility in 
West Port Arthur, shall operate as follows:

[[Page 670]]

    (a) The draw shall be unmanned and maintained in the fully open-to-
navigation position, except 6:30 a.m. through 7:30 a.m. and 5:30 p.m. 
through 6:30 p.m. daily.
    (b) One hour prior to closing, a broadcast will be made warning of 
the impending closure on VHF-FM channels 16 and 13.
    (c) 10 minutes prior to closing, the broadcast will be repeated 
warning of the impending closure on VHF-FM channels 16 and 13.
    (d) The crewmember/tender will monitor the portable marine radio on 
approach to the bridge. When work crew approaches the bridge, it will 
stop and the crewmember/tender will observe the waterway for approaching 
vessels. If vessels are observed approaching the bridge, they will be 
allowed to pass prior to closing the bridge.
    (e) An audible alarm will be heard during the opening and closing 
sequences of the bridge.
    (f) Emergency marine traffic will be allowed to pass upon request. 
The bridge will require up to 30 minutes to cycle to allow for the 
passage of vessels. This request can be made on VHF-FM channel 16.
    (g) If the bridge is required to operate outside of the specified 
times, the bridge will be tended until it is returned to the open-to-
navigation position.

[USCG-2014-0386, 79 FR 56654, Sept. 23, 2014, as amended by USCG-2014-
0386, 80 FR 22103, Apr. 21, 2015]



Sec.  117.989  Trinity River.

    The draws of the Union Pacific Railroad bridges, mile 41.4 at 
Liberty, mile 54.8 at Kenefick, mile 117.3 at Goodrich, mile 181.8 at 
Riverside, and the Burlington Northern Santa Fe railroad bridge, mile 
96.2 at Romayor, need not be opened for the passage of vessels.

[USCG-1998-3799, 63 FR 35527, June 30, 1998]



Sec.  117.991  Victoria Barge Canal.

    The draw of the Victoria Barge Canal Railroad Bridge across Victoria 
Barge Canal, mile 29.4, at the Bloomington, Victoria County, Texas, 
shall operate as follows:
    (a) The draw shall be unmanned and when a vessel with AIS equipment 
onboard approaches the two-mile post, the dispatcher will receive a 
prompt to open the bridge, if required, because a vessel is approaching. 
The vessel may continue to transit the waterway, but must tune their 
radiotelephone to VHF-FM channel 13 and receive passing instructions 
from the railroad dispatcher. The dispatcher must contact the vessel 
promptly to provide passing instruction to insure the continued safe 
transit of the vessel. Vessels without AIS equipment or vessels with AIS 
who would prefer to call via telephone, may call the railroad dispatcher 
at 800-262-4691 to arrange passing instructions.
    (b) When any vessel approaches the one-mile post, the railroad 
dispatcher should have either cleared the vessel through the bridge or 
given an indication that a train is in the block and the vessel will be 
cleared as soon as practicable. If the vessel has not yet spoken with 
the railroad dispatcher, the vessel should immediately call the railroad 
dispatcher via telephone at 800-262-4691.
    (c) If any vessel reaches the one-half mile post and has not 
communicated with the railroad dispatcher nor been cleared to proceed, 
the vessel should stop and contact either the railroad dispatcher at 
800-262-4691 or the Port of Victoria emergency contact at 361-570-8855.

[USCG-2014-0952, 80 FR 39686, July 10, 2015]

                                 Vermont



Sec.  117.993  Lake Champlain.

    (a) The drawspan for each of the drawbridges listed in this section 
must open as soon as possible for the passage of public vessels of the 
United States.
    (b) The draw of the US2 Bridge, mile 91.8, over Lake Champlain, 
between South Hero Island and North Hero Island, shall operate as 
follows:
    (1) The draw shall open on signal on the hour and the half hour from 
May 15th through October 15th from 8 a.m. to 8 p.m. daily.
    (2) The draw shall open on signal from May 15th through October 15th 
from 8 p.m. to 8 a.m. if at least four hours notice is given by calling 
the number posted at the bridge.

[[Page 671]]

    (3) The draw shall open on signal from October 16th through May 14th 
if at least four hours notice is given by calling the number posted at 
the bridge.
    (c) The draw of the New England Central Railroad Bridge across 
Missiquoi Bay, mile 105.6, at Swanton, Vermont, shall operate as 
follows:
    (1) From June 15 through September 15, the draw shall remain in the 
full open position at all times and shall only be closed for the passage 
of rail traffic or the performance of maintenance authorized in 
accordance with subpart A of this part.
    (2) From September 16 through June 14, the draw may remain in the 
closed position and shall be opened on signal for the passage of vessel 
traffic after at least a twenty four hour notice is given by calling the 
number posted at the bridge.
    (3) The draw may be operated either remotely by the New England 
Central Railroad train dispatcher located at St. Albans, Vermont or 
manually by a draw tender located at the bridge.
    (4) A sufficient number of infrared cameras shall be maintained in 
good working order at all times with a clear unobstructed view of the 
channel under the bridge, and the up and down stream approaches to the 
bridge. A signal horn and message boards located both up and down 
stream, necessary to warn marine traffic that the bridge will be 
closing, shall also be maintained in good working order at all times. In 
the event that any of the cameras, navigation lights, horn, or message 
board become disabled, personnel shall be deployed to the bridge to be 
on scene within two hours from the known time of the equipment failure.
    (5) The draw may operate remotely as follows: Once it is determined 
that the draw must be opened or closed, the train dispatcher shall 
observe the waterway both up and down stream via the infrared cameras to 
verify that the channel is clear of all approaching vessel traffic. All 
approaching vessel traffic shall be allowed to pass before the bridge 
may be closed. Once it is determined that no vessel traffic is 
approaching the dispatcher shall sound the warning horn and activate the 
up and down stream message boards indicating that the bridge will be 
closing. After at least a one minute delay the draw may then be closed 
and the swing span navigation lights shall display as red to indicate 
the bridge is in the closed position. Once the train clears the bridge 
the draw shall be returned to the full open position and the swing span 
lights shall display as green to indicate the draw is in the full open 
position.
    (6) In the event that the dispatcher cannot verify that the channel 
is clear of all vessel traffic and the bridge cannot be safely closed, 
an on-scene train crewmember shall observe the waterway for any vessel 
traffic and then communicate with the train dispatch office either by 
radio or telephone to request the bridge be safely closed. Personnel 
shall then be deployed to the bridge to arrive within two hours to 
inspect and repair the bridge remote operation equipment.
    (7) The bridge shall be operated manually from the tender's house 
located at the bridge until all necessary repairs are completed to the 
remote operation equipment.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD3 83-059, 49 
FR 44208, Nov. 5, 1984; CGD01-98-032, 64 FR 28103, May 25, 1999; USCG-
2001-10881, 71 FR 70312, Dec. 4, 2006; USCG-2012-0918, 78 FR 14446, Mar. 
6, 2013]

                                Virginia



Sec.  117.995  Appomattox River.

    The draw of the Seaboard System Railroad bridge, mile 2.5 at 
Hopewell, shall open on signal if at least 24 hours notice is given to 
the Seaboard System Agent at Hopewell. However, a drawtender shall be in 
constant attendance and the draw shall open on signal upon 30 days 
notice, in writing, to do so from the District Commander.



Sec.  117.997  Atlantic Intracoastal Waterway, South Branch of the
Elizabeth River to the Albermarle and Chesapeake Canal.

    (a) The draw of the Belt Line Railroad Bridge, mile 2.6, in 
Portsmouth and Chesapeake will operate as follows:
    (1) The bridge will be left in the open position at all times and 
will only be lowered for the passage of trains and to

[[Page 672]]

perform periodic maintenance authorized in accordance with subpart A of 
this part.
    (2) The bridge will be operated by the controller at the Berkley 
Yard office.
    (3) The controller will monitor waterway traffic in the area of the 
bridge and directly beneath the bridge with closed circuit cameras 
mounted on top of the bridge and with surface navigational radar.
    (4) When the bridge closes for any reason, the controller will 
announce 30 minutes in advance, 15 minutes in advance, and immediately 
proceeding the actual lowering, over marine channel 13, that the Belt 
Line Railroad Bridge is closing for river traffic. In each of these 
three announcements, the bridge/train controller will request all 
concerned river traffic to please acknowledge on marine channel 13.
    (5) The bridge shall only be operated from the remote site if closed 
circuit visual and radar information shows there are no vessels in the 
area and no opposing radio communications have been received.
    (6) While the Belt Line Bridge is moving from the full open position 
to the full closed position, the bridge/train controller will maintain 
constant surveillance of the navigational channel to ensure no conflict 
with maritime traffic exists. In the event of failure of a camera or the 
radar system, or loss of marine-radio communications, the bridge shall 
not be operated by the off-site bridge/train controller from the remote 
location.
    (7) If the off-site bridge/train controller's visibility of the 
navigational channel is less than \3/4\ of a mile, the bridge shall not 
be operated from the remote location.
    (8) When the draw cannot be operated from the remote site, a 
bridgetender must be called to operate the bridge in the traditional on-
site manner.
    (9) The Belt Line mid-channel lights will change from green to red 
anytime the bridge is not in the full open position.
    (10) During the downward and upward span movement, a warning alarm 
will sound until the bridge is seated and locked down or in the full 
open position.
    (11) When the bridge has returned to its full up position, the mid-
channel light will turn from red to green, and the controller will 
announce over marine radio channel 13, ``Security, security, security, 
the Belt Line bridge is open for river traffic.'' Operational 
information will be provided 24 hours a day on marine channel 13 and via 
telephone 757-271-1741 or 757-633-2241.
    (b) The draw of the Norfolk and Western railroad bridge across the 
South Branch of the Elizabeth River, mile 3.6 at Portsmouth-Chesapeake, 
shall be maintained in the open position; except the draw may close for 
the crossing of trains and maintenance of the bridge. When the draw is 
closed, a drawtender shall be present and the draw shall open on signal.
    (c) The draw of the Gilmerton (US13/460) bridge, mile 5.8, in 
Chesapeake:
    (1) Shall open on signal at any time for commercial vessels carrying 
liquefied flammable gas or other hazardous materials.
    (2) From 6:30 a.m. to 8:30 a.m. and from 3:30 p.m. to 5:30 p.m., 
Monday through Friday, except Federal holidays:
    (i) Need not open for the passage of recreational or commercial 
vessels that do not qualify under paragraph (d)(2)(ii) of this section.
    (ii) Need not open for commercial cargo vessels, including tugs, and 
tugs with tows, unless 2 hours advance notice has been given to the 
Gilmerton Bridge at757-485-5567.
    (3) Shall open on signal at all other times.
    (d) The draw of the Norfolk Southern 7 Railroad Bridge, mile 5.8 in 
Chesapeake, shall operate as follows:
    (1) The draw shall be remotely controlled by the operator at the 
Norfolk Southern 5 Railroad Bridge office over the Eastern Branch of 
the Elizabeth River, at mile 1.1, in Norfolk.
    (2) The draw shall be left in the open position to vessels and will 
only be closed for the passage of trains and to perform periodic 
maintenance authorized in accordance with subpart A of this part.
    (3) Trains shall be controlled so that any delay in opening of the 
draw shall not exceed ten minutes except as provided in Sec.  117.31(b).

[[Page 673]]

    (4) Before the bridge closes for any reason, the off-site remote 
operator will monitor waterway traffic in the area with closed circuit 
cameras and motion sensors mounted on the bridge. The bridge will only 
be closed if the off-site remote operator's visual inspection shows that 
the channel is clear and there are no vessels transiting in the area.
    (5) While the bridge is moving from the full open position to the 
full closed position, the off-site remote operator will maintain 
constant surveillance of the navigation channel to ensure that no 
conflict with maritime traffic exists. In the event of failure or 
obstruction, the off-site remote operator will stop and return the 
bridge to the full open position to vessels. In the event of a failure 
or obstruction, a bridge tender must be called by the off-site remote 
operator and must be on-site within 30 minutes of the call to operate 
the bridge.
    (6) During closing of the span, the channel traffic lights will 
change from flashing green to flashing red, the horn will sound twice, 
and an audio voice warning device will announce bridge movement, then 
two repeat blasts of the horn will sound until the bridge is seated and 
locked down. When the bridge is seated and locked down to vessels, the 
channel traffic lights will flash red.
    (7) During the open span movement, the channel traffic lights will 
flash red, the horn will sound twice, followed by a pause, and then five 
repeat blasts of the horn will sound until the bridge is in the full 
open position to vessels. In the full open position to vessels, the 
bridge channel traffic lights will turn from flashing red to flashing 
green then an audio warning device will announce bridge movement by 
stating ``Security, security, security, the Norfolk Southern 7 Railroad 
Bridge at mile 5.8 is open for river traffic''.
    (8) Operational information will be provided 24 hours a day on 
marine channel 13 and via telephone (757) 924-5320.
    (e) The draw of the I64 bridge across the South Branch of the 
Elizabeth River, mile 7.1 at Chesapeake, shall open on signal if at 
least 24 hours notice is given.
    (f) The draw of the Dominion Boulevard (US 17) bridge, mile 8.8 in 
Chesapeake:
    (1) Shall open on signal at any time for commercial vessels carrying 
liquefied flammable gas or other hazardous materials.
    (2) From 7 a.m. to 9 a.m. and from 4 p.m. to 6 p.m., Monday through 
Friday, need not open for the passage of recreational vessels, and need 
open for commercial cargo vessels not carrying hazardous materials, 
including tugs and tugs with tows, only when notice has been given at 
least 2 hours in advance to the Dominion Boulevard Bridge at (757) 547-
0521.
    (3) From 6 a.m. to 7 a.m. and from 9 a.m. to 4 p.m., Monday to 
Friday, and from 6 a.m. to 6 p.m. on Saturdays, Sundays, and Federal 
holidays, the draw need only be opened every hour on the hour, except 
the draw shall open on signal for commercial vessels that qualify under 
paragraphs (g)(1) or (g)(2) of this section.
    (4) If any vessel is approaching the bridge and cannot reach the 
draw exactly on the hour, the drawtender may delay the opening up to ten 
minutes past the hour for the passage of the approaching vessel and any 
other vessels that are waiting to pass.
    (5) Shall open on signal at all other times.
    (g) The draw of the S168 bridge, mile 12 at Chesapeake (Great 
Bridge), shall open on signal; except that, from 6 a.m. to 7 p.m., the 
draw need be opened only on the hour. If any vessel is approaching the 
bridge and cannot reach the draw exactly on the hour, the drawtender may 
delay the hourly opening up to 10 minutes past the hour for the passage 
of the approaching vessel and any other vessels that are waiting to 
pass. Vessels in an emergency condition which presents danger to life or 
property shall be passed at any time.
    (h) The draw of the Albemarle & Chesapeake Railroad bridge, mile 
13.9, in Chesapeake, Virginia, shall be maintained in the open position; 
the draw may close only for the crossing of trains and maintenance of 
the bridge. When the draw is closed, a bridgetender shall be present to 
reopen the draw after the train has cleared the bridge.

[[Page 674]]

    (i) The draw of the Centerville Turnpike (SR170) bridge across the 
Albemarle and Chesapeake Canal, mile 15.2, at Chesapeake:
    (1) Shall open on signal at any time for commercial vessels carrying 
liquefied flammable gas or other hazardous materials.
    (2) From 6:30 a.m. to 8:30 a.m. and from 4 p.m. to 6 p.m., Monday 
through Friday, except Federal holidays:
    (i) Need not open for the passage of recreational or commercial 
vessels that do not qualify under paragraph (i)(2)(ii) of this section.
    (ii) Need not open for commercial cargo vessels, including tugs, and 
tugs with tows, unless 2 hours advance notice has been given to the 
Centerville Turnpike bridge at (757) 547-3632.
    (3) From 8:30 a.m. to 4 p.m., Monday through Friday, except Federal 
holidays, the draw need only be opened on the hour and half hour.
    (4) If any vessel is approaching the bridge and cannot reach the 
draw exactly on the hour or half hour, the drawtender may delay the 
opening ten minutes past the hour or half hour for the passage of the 
approaching vessel and any other vessels that are waiting to pass.
    (5) Shall open on signal at all other times.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984]

    Editorial Note: For Federal Register citations affecting Sec.  
117.997, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec.  117.999  Blackwater River.

    The draw of the S189 bridge, mile 9.2 at South Quay, need not be 
opened for the passage of vessels.

[USCG-2011-0943, 77 FR 20718, Apr. 6, 2012]



Sec.  117.1001  Cat Point Creek.

    The draw of the S634 bridge, mile 0.3 at Naylors, need not be opened 
for the passage of vessels.



Sec.  117.1003  Chickahominy River.

    The draw of the highway bridge, mile 1.5 at Barrets Ferry, shall 
open on signal; except that, from 11 p.m. to 7 a.m., the draw shall open 
on signal if at least 12 hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984]



Sec.  117.1005  Chincoteague Channel.

    The draw of the SR 175 Bridge, mile 3.5, at Chincoteague shall open 
on demand; except from 7 a.m. to 5 p.m. on the last consecutive 
Wednesday and Thursday in July, the draw need not be opened.

[USCG-2014-0483, 81 FR 21268, Apr. 11, 2016]



Sec.  117.1007  Elizabeth River--Eastern Branch.

    (a) The draw of the Norfolk Southern Railroad Bridge (NS V2.8), 
mile 2.7 at Norfolk, shall operate as follows:
    (1) The draw shall remain in the open position for navigation. The 
draw shall only be closed for train crossings or periodic maintenance 
authorized in accordance with subpart A of this part.
    (2) The bridge shall be operated by the controller at the Norfolk 
Southern Railroad Bridge (NS 5), mile 1.1, over the Eastern Branch of 
the Elizabeth River in Norfolk, VA. The controller shall monitor vessel 
traffic with closed circuit cameras and infrared sensors covering the 
swing radius. Operational information will be provided 24 hours a day on 
marine channel 13 and via telephone (757) 446-5320.
    (3) The bridge shall not be operated from the remote location in the 
following events: Failure or obstruction of the infrared sensors, 
closed-circuit cameras or marine-radio communications, or anytime 
controller's visibility is inhibited. In these situations, a bridge 
tender with Norfolk Southern must be called to operate the bridge on-
site.
    (4) Before the bridge closes for any reason, the remote operator 
will monitor waterway traffic in the area. The bridge shall only be 
closed if the off-site remote operator's visual inspection shows that 
the channel is clear and there are no vessels transiting in the area. 
While the bridge is moving, the operator shall maintain constant 
surveillance of the navigation channel.
    (5) Before closing the draw, the channel traffic lights will change 
from flashing green to flashing red, the horn

[[Page 675]]

will sound five short blasts, and an audio voice warning stating, 
``Attention, Attention. Norfolk Southern's Railroad Bridge over the 
Eastern Branch of the Elizabeth River at milepost 2.7 will be closing to 
river traffic.'' Five short blasts of the horn will continue until the 
bridge is seated and locked down to vessels, the channel traffic lights 
will continue to flash red.
    (6) When the rail traffic has cleared, the horn will sound one 
prolonged blast followed by one short blast to indicate that the draw is 
opening to vessel traffic. During the opening swing movement, the 
channel traffic lights will flash red until the bridge returns to the 
fully open position. In the full open position to vessels, the bridge 
channel lights will flash green followed by an announcement stating, 
``Security, security, security. Norfolk Southern Railroad Bridge at mile 
2.7 is open for river traffic.'' Vessels shall stay clear of both 
channels as to not interfere with infrared detectors, until green lights 
are displayed on the swing span.
    (b) The draw of the Berkley Bridge, mile 0.4 in Norfolk:
    (1) Shall remain closed one hour prior to the published start of a 
scheduled marine event regulated under Sec.  100.501 of this chapter, 
and shall remain closed until one hour following the completion of the 
event unless the Patrol Commander designated under Sec.  100.501 of this 
chapter allows the bridge to open for commercial vessel traffic.
    (2) Shall open on signal at any time for vessels carrying, in bulk, 
cargoes regulated by 46 CFR subchapters D or O, or Certain Dangerous 
Cargoes as defined in 33 CFR 160.202.
    (3) For all other vessels, the draw shall open on signal at any 
time, except from 5 a.m. to 7 p.m., Monday through Friday, except 
Federal holidays. During these times, the draw shall:
    (i) Open for commercial vessels with a draft of 18 feet or more, 
provided at least 6 hours notice was given to the Berkley Bridge Traffic 
Control room at (757) 494-2490.
    (ii) Open on signal at 9 a.m., 11 a.m., 1 p.m. and 2:30 p.m.
    (4) If the bridge is not opened during a particular scheduled 
opening per paragraph (b)(3)(ii) of this section and a vessel has made 
prior arrangements for a delayed opening, the draw tender may provide a 
single opening up to 30 minutes past that scheduled opening time for 
that signaling vessel, except at 2:30 p.m. The draw tender may provide a 
single opening up to 20 minutes past the 2:30 p.m. scheduled opening 
time for a signaling vessel that made prior arrangements for a delayed 
opening. A vessel may make prior arrangements for a delayed opening by 
contacting the Berkley Bridge Traffic Control room at (757) 494-2490.

[CGD 82-025, 49 FR 43463, Oct. 29, 1984, as amended by CGD 05-88-13, 53 
FR 20321, June 3, 1988; CGD 5-89-43, 54 FR 30039, July 18, 1989; CGD5-
90-023, 55 FR 23434, June 8, 1990; CGD05-04-209, 70 FR 22254, Apr. 29, 
2005; CGD05-05-049, 70 FR 68337, Nov. 10, 2005; USCG-2009-0754, 75 FR 
47464, Aug. 6, 2010; USCG-2012-0357, 77 FR 52604, Aug. 30, 2012; USCG-
2005-21869, 80 FR 5330, Jan. 30, 2015]



Sec.  117.1011  Great Wicomico River.

    The draw of the S200 bridge, mile 8.0 at Tipers, shall open on 
signal; except that, if an opening is desired from 6 p.m. to 6 a.m., the 
drawtender on duty shall be notified before 6 p.m.



Sec.  117.1013  Kinsale Creek.

    The draw of the state highway bridge, mile 4.0, at Kinsale need not 
be opened for the passage of vessels.



Sec.  117.1015  Mattaponi River.

    The draws of the Lord Delaware (S33) bridge, mile 0.8 at West Point, 
and the S629 bridge, mile 28.5 at Walkerton, shall open on signal if at 
least 24 hours notice is given. The drawtender service for either bridge 
shall be increased to the degree determined to be adequate within 30 
days after written notice is received from the District Commander to do 
so.



Sec.  117.1021  North Landing River.

    The draw of the S165 bridge, mile 20.2 at Chesapeake, shall open on 
signal; except that, from 6 a.m. to 7 p.m., the draw need be opened only 
on the hour and half hour for the passage of pleasure craft. Public 
vessels of the United States, commercial vessels, and vessels in an 
emergency endangering life or property shall be passed at any time.

[[Page 676]]



Sec.  117.1023  Pamunkey River.

    The draw of the Eltham Bridge (SR33/30) mile 1.0, located in West 
Point, Virginia shall open on signal if at least four hours notice is 
given at all times.

[USCG-2008-1175, 74 FR 29947, June 24, 2009]



Sec.  117.1025  York River.

    (a) The Coleman Memorial bridge, mile 7.0, at Yorktown, shall open 
on signal; except from 5 a.m. to 8 a.m. and 3 p.m. to 7 p.m., Monday 
through Friday, except Federal holidays, the bridge shall remain closed 
to navigation.
    (b) The bridge shall be opened at anytime for vessels in an 
emergency which presents danger to life or property.

[CGD05-93-054, 59 FR 5954, Feb. 9, 1994, as amended by CGD05-95-023, 60 
FR 31247, June 14, 1995]

                               Washington



Sec.  117.1031  Chehalis River.

    The draw of the U.S. 101 highway bridge, mile 0.1, at Aberdeen shall 
open on signal if at least one-hour notice is given at all times by 
telephone to the Washington State Department of Transportation.

[USCG-2009-0959, 75 FR 16004, Mar. 31, 2010]



Sec.  117.1035  Columbia River.

    (a) The term drawtender, as used in this section means the operator 
of the drawspan, whether that person may be a train crew member, 
maintenance person, or an officially designated drawtender.
    (b) The draw of the semi-automated Union Pacific railroad bridge 
(Kalan Bridge), mile 323.4, near Kennewick, Washington, is normally 
maintained in the fully open position with no drawtender in attendance. 
A radar beacon (RACON) is located at the center of the drawspan. The 
RACON operates only when the drawspan is fully open, by responding with 
the Morse letter ``K'' to X-band radar signals. When necessary to close 
the drawspan for the passage of a train or for maintenance, a drawtender 
shall be dispatched to operate the draw from either of the remote 
control stations located at the ends of the bridge. Operation of the 
bridge shall be as follows:
    (1) The drawtender shall broadcast a radio message over Channel 16-
VHF to all vessels in the vicinity that the Kalan Bridge will be closing 
in two minutes. If after two minutes no response is received, the 
drawtender shall broadcast a message over Channel 13-VHF that the Kalan 
Bridge is closing. Both messages shall be broadcast twice.
    (2) Prior to activating the closing sequence the drawtender shall 
visually inspect the waterway for marine traffic approaching the bridge. 
The closing sequence shall not be activated until after marine traffic 
has cleared the bridge.
    (3) When the closing sequence is activated, the following functions 
occur automatically: The RACON is deactivated, red strobe lights on the 
lift towers and on the channel piers start flashing, a downward pointing 
arrow consisting of amber colored lights is displayed from the center of 
the drawspan and a recorded message is broadcast over Channel 13-VHF 
advising that the Kalan Bridge is closed to river traffic. The radio 
message is repeated every five minutes, the red lights continue to flash 
and the downward pointing arrow is displayed, until the lift span 
returns to the up and locked position. At the end of the ten minutes, a 
horn sounds for 30 seconds, the span begins closing and the centerspan 
navigation lights turn from green to red. The horn sounds for 30 seconds 
at 10 minute intervals, until the lift span returns to the up and locked 
position.
    (4) If for any reason during the closing sequence a danger is posed 
to marine traffic, the closing sequence shall be stopped and the bridge 
reopened until the threat of danger has passed.
    (5) If the bridge is to be temporarily closed for maintenance or for 
purposes other than the passage of a train, the drawtender shall 
continually monitor Channels 13 and 16 for calls from approaching 
vessels, and respond to inquiries from vessels about the closure.
    (6) After a train has cleared the bridge, the following functions 
occur automatically: The drawspan returns to the fully open and locked 
position, the RACON is reactivated, the arrow display and the red strobe 
lights are

[[Page 677]]

extinguished, the red centerspan navigation lights return to green and a 
recorded message is broadcast over Channel 13-VHF that the Kalan Bridge 
is open for marine traffic.
    (7) Bridge status information may be obtained by calling the 
commercial telephone number posted at the drawspan of the bridge.
    (c) The draw of the Burlington Northern Santa Fe railroad bridge at 
mile 328.0, between Pasco and Kennewick, shall open on signal from 8 
a.m. to 4 p.m. At all other times the draw shall open on signal if at 
least 2 hour's notice is given through the General Yardmaster, Pasco, 
Washington.

[CGD13 92-02, 57 FR 37712, Aug. 20, 1992]



Sec.  117.1037  Cowlitz River.

    (a) The draw of the Burlington Northern Santa Fe railroad bridge, 
mile 1.5, shall operate as follows:
    (1) The draw shall open on signal if at least 24 hours notice is 
given.
    (2) In the event of an emergency declared by the Cowlitz County 
Department of Emergency Services, the bridge shall be capable of opening 
upon two hours notice. Notification of emergencies and requests for 
openings during emergencies are initiated through the Cowlitz County 
Department of Emergency Services.
    (3) The operating machinery of the draw shall be maintained in a 
serviceable condition and the draw shall be opened and closed at 
intervals frequent enough to make certain that the machinery is in 
proper order for satisfactory operation.
    (4) During periods of fog or similar periods of reduced visibility, 
the drawtender, after acknowledging the signal to open, shall toll a 
bell continuously during the approach and passage of the vessel.
    (b) The draw of the Allen Street Bridge, mile 5.5, need not open for 
the passage of vessels.

[CGD13 91-01, 56 FR 23518, May 22, 1991]



Sec.  117.1041  Duwamish Waterway.

    (a) The draws of each bridge across the Duwamish Waterway shall open 
on signal, except as follows:
    (1) From Monday through Friday, except all Federal holidays but 
Columbus Day, the draws of the First Avenue South Bridges, mile 2.5, 
need not be opened for the passage of vessels from 6 a.m. to 9 a.m. and 
from 3 p.m. to 6 p.m., except: The draws shall open at any time for a 
vessel of 5000 gross tons and over, a vessel towing a vessel of 5000 
gross tons and over, and a vessel proceeding to pick up for towing a 
vessel of 5000 gross tons and over.
    (2) The draw of the South Park Bridge, mile 3.8, need not be opened 
for the passage of vessels from 6:30 a.m. to 8:30 a.m. and from 3:30 
p.m. to 5:30 p.m., Monday through Friday except, Federal holidays, other 
than Columbus Day.
    (b) The following bridges shall open on the specified signals:
    (1) Burlington Northern Santa Fe railroad bridge, mile 0.4, and 
Southwest Spokane Street bridge, mile 0.3, one prolonged blast followed 
quickly by three short blasts.
    (2) Burlington Northern Santa Fe railroad bridge, mile 0.4, one 
prolonged blast followed quickly by one short blast.
    (3) First Avenue South bridge, mile 2.5, three prolonged blasts.
    (4) South Park highway bridge, mile 3.8, one prolonged blast 
followed quickly by one short blast and one prolonged blast.
    (c) When fog prevails by day or by night, the drawtender of bridges 
listed in this section, after giving the acknowledging signal to open, 
shall toll a bell continuously during the approach and passage of 
vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD13 84-14, 49 
FR 35498, Sept. 10, 1984; CGD13 8-13, 49 FR 35628, Sept. 11, 1984; CGD13 
84-12, 50 FR 10228, Mar. 14, 1985; CGD13 85-01, 50 FR 30271, July 25, 
1985; CGD13 91-05, 56 FR 41284, Aug. 20, 1991; CGD13-99-005, 66 FR 
33025, June 20, 2001; USCG-2002-12471, 67 FR 41332, June 18, 2002; USCG-
2015-0285, 80 FR 81185, Dec. 29, 2015]



Sec.  117.1045  Hood Canal.

    The draw of the Washington State pontoon highway bridge near Port 
Gamble operates as follows:
    (a) The draw shall open on signal if at least one hour's notice is 
given. The draw shall be opened horizontally for 300 feet unless the 
maximum opening of 600 feet is requested.

[[Page 678]]

    (b) The draw of the Hood Canal Bridge, mile 5.0, need not open for 
vessel traffic from 3 p.m. to 6:15 p.m. daily from 3 p.m. May 22 to 6:16 
p.m. September 30, except for commercial tug and tow vessels and vessels 
of the U.S. Navy or vessels attending the missions of the U.S. Navy and 
other public vessels of the United States. At all other times the bridge 
will operate in accordance with paragraph (a) of this section.
    (c) Telephone requests for bridge openings may be directed as 
collect calls to the Toll Office at the bridge site. The call may also 
be made by direct telephone communication through the Seattle Marine 
Operator, Station KOH, or through other marine wire or radio telephone 
service.
    (d) During unusual or emergency periods, the authorized 
representative of the owner of or agency controlling the bridge shall 
open the draw on a demand basis for specified periods of time, normally 
not exceeding 48 hours, when requested by the Department of the Navy. 
While on a demand basis, a drawtender shall be in attendance on the 
bridge with radio communication equipment in operation.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD13 84-13, 49 
FR 35628, Sept. 11, 1984; CGD13-95-011, 62 FR 43097, Aug. 12, 1997; 
USCG-2012-0074, 77 FR 28769, May 16, 2012]



Sec.  117.1047  Hoquiam River.

    (a) When fog prevails by day or night, the drawtender of each bridge 
listed in this section, after giving the acknowledging signal to open, 
shall toll a bell continuously during the approach and passage of 
vessels.
    (b) The draw of the Puget Sound and Pacific railroad bridge, mile 
0.3 at Hoquiam, shall be maintained in the fully open position except 
for the passage of trains or for maintenance. When the draw of the 
bridge is closed and the visibility at the drawtender's station is less 
than one mile up or down the channel, the drawtender shall sound two 
long blasts every minute. When the draw is reopened, the drawtender 
shall sound one long blast followed by one short blast.
    (c) The draw of the Simpson Avenue Bridge, mile 0.5, at Hoquiam, 
shall open on signal if at least one hour notice is given by telephone 
to the Washington State Department of Transportation. The opening signal 
is two prolonged blasts followed by one short blast.
    (d) The draw of the Riverside Avenue Bridge, mile 0.9, at Hoquiam, 
shall open on signal if at least one hour notice is given by telephone 
to the Washington State Department of Transportation. The opening signal 
is two prolonged blasts followed by two short blasts.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD13 84-11, 49 
FR 46548, Nov. 27, 1984; CGD13 85-15, 51 FR 2395, Jan. 16, 1986; CCGD13-
93-019, 58 FR 44613, Aug. 24, 1993; USCG-2008-1095, 74 FR 12552, Mar. 
25, 2009; USCG-2014-1029, 80 FR 18116, Apr. 3, 2015]



Sec.  117.1049  Lake Washington.

    The draw of the Evergreen Point Floating Bridge between Seattle and 
Bellevue shall operate as follows:
    (a) The draw shall open on signal if at least two hours notice is 
given.
    (b) Telephone requests for bridge opening may be directed as collect 
calls to the Highway Radio or made by direct telephone communication 
through the Seattle Marine Operator, Station KOH, or through other 
marine wire or radiotelephone service.
    (c) The draw need not be opened from 5 a.m. to 9 p.m. Monday through 
Friday, except for all Federal holidays other than Columbus Day.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD13 84-13, 49 
FR 35628, Sept. 11, 1984; CGD13-94-039, 60 FR 54434, Oct. 24, 1995]



Sec.  117.1051  Lake Washington Ship Canal.

    (a) When fog prevails by day or by night, the drawtender of each 
bridge listed in this section, after giving the acknowledging signal to 
open, shall toll a bell continuously during the approach and passage of 
vessels.
    (b) All non-self-propelled vessels, craft, or rafts navigating this 
waterway for which the opening of any draw is necessary shall be towed 
by a suitable self-propelled vessel while passing the draw.
    (c) The draw of the Burlington Northern Santa Fe railroad bridge, 
mile 0.1, shall open on signal.

[[Page 679]]

    (d) The draws of the Ballard Bridge, mile 1.1, Fremont Bridge, mile 
2.6, and University Bridge, mile 4.3, shall open on signal, except that:
    (1) The draws need not be opened for a period of up to 10 minutes 
after receiving an opening request, if needed to pass accumulated 
vehicular traffic. However, the draws shall open without delay, when 
requested by vessels engaged in towing operations.
    (2) The draws need not open from 7 a.m. to 9 a.m. and from 4 p.m. to 
6 p.m. Monday through Friday, except all Federal holidays but Columbus 
Day for any vessel of less than 1000 tons, unless the vessel has in tow 
a vessel of 1000 gross tons or over.
    (3) Between the hours of 11 p.m. and 7 a.m. the draws shall open if 
at least one hour notice is given by telephone, radiotelephone, or 
otherwise to the drawtender at the Fremont Avenue Bridge.
    (e) The draw of the Montlake Bridge, mile 5.2, shall open on signal, 
except that:
    (1) The draw need not open for a period of up to 10 minutes after 
receiving an opening request, if needed to pass accumulated vehicular 
traffic. However, the draw shall open without delay, when requested by 
vessels engaged in towing operations.
    (2) For any vessel or watercraft of less than 1,000 gross tons, 
unless the vessel has in tow a vessel of 1,000 gross tons or over, from 
Monday through Friday, except Federal Holidays:
    (i) The draw need not open from 7 a.m. to 9 a.m. and from 3:30 p.m. 
to 6:30 p.m. from April 30 to September 1 and from 7 a.m. to 10 a.m. and 
from 3:30 p.m. to 7 p.m. from September 1 to April 30.
    (ii) The draw need open only on the hour and half hour from 12:30 
p.m. to 3:30 p.m. and from 6 p.m. to 6:30 p.m.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 82-025, 49 FR 
26722, June 29, 1984; CGD13 84-13, 49 FR 35628, Sept. 11, 1984; CGD13 
86-02, 51 FR 18788, May 22, 1986; CGD 13 88-03, 53 FR 10535, April 1, 
1988; CGD13 89-06, 54 FR 52798, Dec. 22, 1989; CGD 96-026, 61 FR 33664, 
June 28, 1996; CGD13-99-005, 66 FR 33026, June 20, 2001; CGD13-02-012, 
68 FR 53051, Sept. 9, 2003]



Sec.  117.1053  Lewis River.

    The draw of the Burlington Northern Santa Fe railroad bridge, mile 
2.0 at Woodland, need not be opened for the passage of vessels.



Sec.  117.1055  Skagit River.

    The draws of all bridges across the Skagit river need not be opened 
for the passage of vessels. However, the draws shall be returned to 
operable condition within one year after notification by the District 
Commander to do so.



Sec.  117.1057  Skamokawa Creek.

    The draw of the Washington State highway bridge at Skamokawa need 
not be opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 43463, Oct. 29, 1984]



Sec.  117.1058  Snake River.

    (a) The draw of the Burlington Northern Santa Fe railroad bridge 
across the Snake River at mile 1.5 between Pasco and Burbank is 
automated and is normally maintained in the fully open to navigation 
position.
    (b) Lights. All lights required for automated operation shall be 
visible for a distance of at least 2 miles and shall be displayed at all 
times, day and night.
    (1) When the draw is fully open, a steady green light shall be 
displayed at the center of the drawspan on both upstream and downstream 
sides.
    (2) When the draw is not fully open, a steady red light shall be 
displayed at the center of the drawspan on both upstream and downstream 
sides.
    (3) When the draw is about to close, flashing yellow lights in the 
form of a down-pointing arrow shall be displayed at the center of the 
drawspan on both upstream and downstream sides.
    (4) A similar set of red, green, and yellow lights shall be 
displayed on a remote lighting panel located near the north end, 
upstream side, of the Washington State highway bridge at mile 2.2. These 
lights shall be synchronized with the lights on the railroad bridge and 
shall be visible to vessels traveling downstream throughout the passage 
of the channel adjacent to Strawberry Island.

[[Page 680]]

    (c) Operation. When a train approaches the bridge, the yellow lights 
shall start flashing. After an eight-minute delay, the green lights 
shall change to red, the drawspan shall lower and lock, and the yellow 
lights shall be extinguished. Red lights shall continue to be displayed 
until the train has crossed and the drawspan is again in the fully open 
position. At that time, the red lights shall change green.
    (d) Vessels equipped with radiotelephones may contact Burlington 
Northern Santa Fe to obtain information on the status of the bridge. 
Bridge status information also may be obtained by calling the commercial 
telephone number posted at the drawspan of the bridge.

[CGD13 84-05, 49 FR 43956, Nov. 1, 1984]



Sec.  117.1059  Snohomish River, Steamboat Slough, and Ebey Slough.

    (a) Drawtenders of bridges listed in this section shall acknowledge 
sound signals as follows:
    (1) When draw can be opened immediately, two prolonged blasts 
followed by one short blast or three loud and distinct strokes of a 
bell.
    (2) When draw cannot be opened immediately, or when it is open and 
must be closed promptly, two prolonged blasts or two loud and distinct 
strokes of a bell. This signal may also be used by a vessel to 
countermand its call signal.
    (b) When fog prevails by day or by night, the drawtender of each 
bridge listed in this section, after giving the acknowledging signal to 
open, shall toll a bell continuously during the approach and passage of 
vessels.
    (c) The draws of the twin, SR 529, highway bridges across the 
Snohomish River, mile 3.6, at Everett shall open on signal if at least 
one-hour notice is given. On weekdays, Monday through Friday, notice for 
openings shall be given by marine radio, telephone, or other means to 
the drawtender at the SR 529 highway bridge across Ebey Slough, at 
Marysville, and at all other times to the drawtender at the twin SR 529 
bridges at Everett. One signal opens both draws. During freshets, a 
drawtender shall be in constant attendance and the draws shall open on 
signal when so ordered by the District Commander.
    (d) The draw of the SR2 highway bridge across the Snohomish River, 
mile 6.9, at Everett, shall open on signal if at least four hours notice 
is given. During freshets, a drawtender shall be in constant attendance 
and the draw shall open on signal when so ordered by the District 
Commander.
    (e) The draw of the Burlington Northern Santa Fe railroad bridge 
across the Snohomish River, mile 15.5, at Snohomish, need not be opened 
for the passage of vessels.
    (f) The draw of the Burlington Northern Santa Fe railroad bridge 
across Steamboat Slough, mile 1.0, near Marysville, shall open on signal 
if at least four hours notice is given. The opening signal is one 
prolonged blast followed by one short blast and one prolonged blast.
    (g) The draws of the twin, SR 529, highway bridges across Steamboat 
Slough, miles 1.1 and 1.2, near Marysville, shall open on signal if at 
least four-hours notice is given. On weekdays, Monday through Friday, 
notice for openings shall be given by marine radio, telephone, or other 
means to the drawtender at the SR 529 highway bridge across Ebey Slough, 
at Marysville, and at all other times to the drawtender at the twin SR 
529 bridges at Everett. One signal opens both draws. During freshets, a 
drawtender shall be in constant attendance and the draws shall open on 
signal when so ordered by the District Commander.
    (h) The draws of the SR 529, highway bridge, across Ebey Slough, 
mile 1.6, at Marysville, shall open on signal if at least one-hour 
notice is given. On weekdays, Monday through Friday, notice for openings 
shall be given by marine radio, telephone, or other means, to the 
drawtender at this bridge, and at all other times to the drawtender at 
the SR 529 bridges across the Snohomish River at Everett. During 
freshets, a drawtender shall be in constant attendance and the draws 
shall open on

[[Page 681]]

signal when so ordered by the District Commander.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD13 84-13, 49 
FR 35628, Sept. 11, 1984; CGD13 85-10, 50 FR 25961, June 24, 1985]



Sec.  117.1061  Tacoma Harbor.

    (a) When fog prevails by day or night, the drawtender of each bridge 
listed in this section, after giving the acknowledging signal to open, 
shall toll a bell continuously during the approach and passage of 
vessels.
    (b) The draw of the Murray Morgan Bridge, also known as the South 
11th Street Bridge, across Thea Foss Waterway, previously known as City 
Waterway, mile 0.6, at Tacoma, shall open on signal if at least two 
hours notice is given. However, to obtain a bridge opening between 10 
p.m. and 8 a.m. notification must be made to the City of Tacoma by 8 
p.m. In emergencies, openings shall be made as soon as possible upon 
notification to the City of Tacoma.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD13 84-13, 49 
FR 35629, Sept. 11, 1984; 49 FR 44632, Nov. 8, 1984; CGD 13-98-001, 63 
FR 10777, Mar. 5, 1998; USCG-2012-0911, 78 FR 31414, May 24, 2013]



Sec.  117.1063  Willapa River South Fork.

    (a) The draw of the Washington State Parks and Recreation Commission 
bridge across the South Fork Willapa River, mile 0.3, at Raymond, shall 
open on signal if at least 24 hours notice is given.

[USCG-2000-7223, 65 FR 40056, June 29, 2000]



Sec.  117.1065  Wishkah River.

    (a) When fog prevails by day or by night, the drawtender of each 
bridge listed in this section, after giving the acknowledging signal to 
open, shall toll a bell continuously during the approach and passage of 
vessels.
    (b) The draw of the Puget Sound and Pacific railroad bridge, mile 
0.1 at Aberdeen, shall be maintained in the fully open position, except 
for the passage of trains or for maintenance. When the draw of the 
bridge is closed and the visibility at the drawtender's station is less 
than one mile up or down the channel, the drawtender shall sound two 
prolonged blasts every minute. When the draw is reopened, the drawtender 
shall sound one prolonged blast followed by one short blast.
    (c) The draws of the Heron Street Bridge, mile 0.2 and the Wishkah 
Street Bridge, mile 0.4, at Aberdeen, shall open on signal if at least 
one hour notice is given by telephone to the Washington State Department 
of Transportation. The opening signal for both bridges is one prolonged 
blast followed by two short blasts.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD13 85-15, 51 
FR 2395, Jan. 16, 1986; USCG-2008-1095, 74 FR 12553, Mar. 25, 2009]

                                Wisconsin



Sec.  117.1081  Black River.

    The drawspan of the Canadian Pacific Railroad Bridge, mile 1.0, at 
La Crosse, Wisconsin is operated by remote operator located at the 
Canadian Pacific Railway Minneapolis Operations Center, in Minneapolis, 
Minnesota. Drawspan shall open upon demand by contacting remote operator 
via VHF-FM Channel 16 or telephone (612) 851-5784.

[USCG-2011-0937, 77 FR 69761, Nov. 21, 2012, as amended by USCG-2015-
0433, 80 FR 44281, July 27, 2015]



Sec.  117.1083  Duluth-Superior Harbor (St. Louis River).

    (a) The draws of the Burlington Northern railroad bridge, mile 5.7 
at Duluth, shall open on signal; except that, from January 1 through 
March 15, the draws shall open on signal if at least 24 hours notice is 
given. The opening signal for the Minnesota Draw is one prolonged blast 
followed by two short blasts and for the Wisconsin Draw is two prolonged 
blasts followed by two short blasts.
    (b) The draws of the Grassy Point bridge, mile 8.0 at Duluth, and 
the Arrowhead bridge, mile 8.7 at Duluth, shall open on signal; except 
that, from January 1 through March 15, the draws shall open on signal if 
at least 24 hours notice is given. The opening signal for the Grassy 
Point bridge is two short blasts followed by one prolonged blast and for 
the Arrowhead bridge is three prolonged blasts.

[[Page 682]]

    (c) The draw of the Duluth, Missabe and Iron Range Railway bridge, 
mile 16.3 at Duluth, need not be opened for the passage of vessels. The 
owner shall return the draw to operable condition within a reasonable 
time when notified by the District Commander to do so.



Sec.  117.1085  East River.

    The draw of the Monroe Avenue bridge, mile 0.3 at Green Bay, need 
not be opened for the passage of vessels.



Sec.  117.1087  Fox River.

    (a) The draws of the Canadian National Bridge, mile 1.03, Main 
Street Bridge, mile 1.58, Walnut Street Bridge, mile 1.81, Mason Street 
(Tilleman Memorial) Bridge, mile 2.27, and Canadian National Bridge, 
mile 3.31, all at Green Bay, shall open as follows:
    (1) From April 1 through November 30, the draws shall open on signal 
for recreational vessels; except the draws need not open from 7 a.m. to 
8 a.m., 12 noon to 1 p.m., and 4 p.m. to 5 p.m., Monday through Saturday 
except Federal holidays. Public vessels, tugs, and commercial vessels 
with a cargo capacity of 300 short tons or greater shall be passed at 
all times.
    (2) From December 1 through March 31, the draws shall open on signal 
if notice is given at least 12 hours in advance of a vessels time of 
intended passage.
    (3) The opening signal for the Main Street Bridge is two short 
blasts followed by one prolonged blast, for the Walnut Street Bridge one 
prolonged blast followed by two short blasts, and for the Mason Street 
Bridge one prolonged blast, followed by one short blast, followed by one 
prolonged blast.
    (b) All drawbridges between mile 7.13 in DePere and mile 58.3 in 
Oshkosh, except the Canadian National Railroad bridge at mile 55.72, 
shall open as follows:
    (1) From April 27 through October 7, the draws shall open on signal, 
except between the hours of midnight and 8 a.m., the draws shall open if 
at least 2-hours advance notice is given.
    (2) From October 8 through April 26, the draws shall open if at 
least 12-hours advance notice is given.
    (c) The draw of the Canadian National Railroad bridge at mile 55.72 
shall open on signal, except from October 8 through April 26; the draw 
shall open if at least 12-hours advance notice is given.
    (d) The draw of each bridge at or between Berlin and Portage need 
not open for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD09-05-081, 70 
FR 59657, Oct. 13, 2005; USCG-2016-0256, 81 FR 48329, July 25, 2016]



Sec.  117.1089  Manitowoc River.

    (a) The draws of the Eighth Street bridge, mile 0.29, and Tenth 
Street bridge, mile o.43, both at Manitowoc, shall open on signal except 
that:
    (1) From April 1 through October 31, Monday through Friday, the 
bridges need not open from 6:50 a.m. to 7 a.m., 7:50 a.m. to 8 a.m., 
11:55 a.m. to 12:10 p.m., and 12:45 p.m. to 1 p.m., except federal 
holidays. From 10:30 p.m. to 4:30 a.m. the draws shall open on signal if 
at least a 6 hour advance notice is given.
    (2) From November 1 through March 31 the draws shall open on signal 
if at least a 12 hour advance notice is given.
    (3) The opening signals for these bridges are:
    (i) Eighth Street--one prolonged blast followed by one short blast.
    (ii) Tenth Street--two short blasts followed by one prolonged blast.
    (4) When signal is given by car ferry or other large vessel to pass 
either of the two bridges, the remaining bridge shall open promptly so 
that such vessels shall not be held between the two bridges.
    (b) [Reserved]

[CGD09-01-001, 66 FR 13434, Mar. 6, 2001, as amended by USCG-2015-0132, 
80 FR 24816, May 1, 2015]



Sec.  117.1091  Menomonee River.

    The draw of the Ogden-First Street bridge, mile 0.4 at Marinette, 
shall open on signal from 7 a.m. to 11 p.m. from May 1 through October 
31. From 11 p.m. to 7 a.m. from May 1 through October 31, the draw shall 
open on signal if at least two hours notice is given. From November 1 
through April 30, the draw shall open on signal if at least 12 hours 
notice is given.

[[Page 683]]



Sec.  117.1093  Milwaukee, Menomonee, and Kinnickinnic Rivers and 
South Menomonee and Burnham Canals.

    (a) The draws of each bridge listed in this section shall open as 
soon as possible for the passage of public vessels of the United States, 
vessels carrying United States mail, vessels licensed to carry 50 or 
more passengers when on their regular routes, and fireboats of the City 
of Milwaukee.
    (b) For all bridges, the drawtender's acknowledging signal when the 
draw will open is the same as the opening signal. The acknowledging 
signal when the draw will not open, or is open and must be closed 
promptly is four short blasts.
    (c) The draws of bridges across the Milwaukee River operate as 
follows:
    (1) The draws of the North Broadway Street bridge, mile 0.5, North 
Water Street bridge, mile 0.6, and Michigan Street bridge, mile 1.1, all 
at Milwaukee, shall open on signal; except that, from 7:30 a.m. to 8:30 
a.m. and 4:30 p.m. to 5:30 p.m. Monday through Saturday except Federal 
holidays, the draws need not be opened.
    (2) The draws of all other bridges across the Milwaukee River shall 
open on signal if at least two hours notice is given; except that, from 
7:30 a.m. to 8:30 a.m. and 4:30 p.m. to 5:30 p.m., the draws need not be 
opened.
    (3) The opening signals are as follows:
    (i) The Union Pacific railroad bridge, mile 0.59, two prolonged 
blasts.
    (ii) The North Broadway Street bridge, mile 0.5, three prolonged 
blasts followed by one short blast.
    (iii) The North Water Street bridge, mile 0.6, three prolonged 
blasts followed by two short blasts.
    (4) The following bridges are remotely operated, are required to 
operate a radiotelephone, and shall open as noted in this section; St. 
Paul Avenue, mile 1.21, Clybourn Street, mile 1.28, Highland Avenue, 
mile 1.97, and Knapp Street, mile 2.14.
    (d) The draws of bridges across the Menomonee River and South 
Menomonee Canal operate as follows:
    (1) The draw of the North Plankinton Avenue bridge across the 
Menomonee River, mile 1.08, shall open on signal; except that, from 7:30 
a.m. to 8:30 a.m. and 4:30 p.m. to 5:30 p.m. Monday through Saturday 
except Federal holidays, the draws need not be opened.
    (2) The draws of all other bridges across the Menomonee River and 
South Menomonee Canal shall open on signal; except that, from 7:30 a.m. 
to 8:30 a.m. and 4:30 p.m. to 5:30 p.m. Monday through Saturday except 
Federal holidays, the draws need not be opened and, from 11 p.m. to 7 
a.m., the draws shall open on signal if at least two hours notice is 
given.
    (3) The opening signal for the Canadian Pacific railroad bridge 
across the Menomonee River, mile 1.05, is two prolonged blasts followed 
by two short blasts.
    (4) The following bridges are remotely operated, are required to 
operate a radiotelephone, and shall open as noted in this section; North 
Plankinton Avenue, mile 1.08, North Sixth Street, mile 1.37, and North 
Emmber Lane, mile 1.95, all over Menomonee River, and South Sixth 
Street, mile 1.51 over South Menomonee Canal.
    (e) The draws of bridges across the Kinnickinnic River operate as 
follows:
    (1) The draw of the Kinnickinnic Avenue bridge, mile 1.5, shall open 
on signal; except that, from 7:30 a.m. to 8:30 a.m. and 4:30 p.m. to 
5:30 p.m. Monday through Saturday except Federal holidays, the draw need 
not be opened.
    (2) The draws of the Canadian Pacific railroad bridge, mile 1.67, 
and the Union Pacific railroad bridge, mile 1.71, shall open on signal 
if at least two hours notice is given.
    (3)(i) The draws of all other bridges across the Kinnickkinnick 
River shall open on signal; except that, from 7:30 a.m. to 8:30 a.m. and 
4:30 p.m. to 5:30 p.m. Monday through Saturday except Federal holidays, 
the draws need not be opened and, from 11 p.m. to 7 a.m., the draws hall 
open on signal if at least two hours notice is given.
    (ii) The South First Street Bridge, mile 1.78, is remotely operated, 
is required to operate a radiotelephone, and shall open as noted in this 
section.
    (4) The opening signal for the Union Pacific railroad bridge, mile 
1.19, is two prolonged blasts.
    (f) The draw of the Canadian Pacific Railway bridge, mile 1.74 over

[[Page 684]]

Burnham Canal, need not be opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD09-03-215, 68 
FR 57358, Oct. 3, 2003; USCG-2005-21531, 70 FR 36349, June 23, 2005; 
USCG-2009-0968, 74 FR 63612, Dec. 4, 2009]



Sec.  117.1095  Root River.

    (a) The draw of the Main Street bridge, mile 0.3 shall open on 
signal; except that, from April 1 through December 1 from 6 a.m. to 6 
p.m., the draw need be opened only on the hour, 20 minutes after the 
hour, and 40 minutes after the hour to pass all accumulated vessels; 
and, from December 2 through March 31, the draw shall open on signal if 
at least two hours notice is given. At all times, public vessels of the 
United States, state or local vessels used for public safety, commercial 
vessels, and vessels in distress shall be passed as soon as possible.
    (b) The draw of the State Street bridge, mile 0.5, shall open on 
signal; except that, from October 16 through April 30, the draw shall 
open on signal if at least two hours notice is given. At all times, 
public vessels of the United States, state or local vessels used for 
public safety, commercial vessels, and vessels in distress shall be 
passed as soon as possible.



Sec.  117.1097  Sheboygan River.

    The draw of the Eighth Street bridge, mile 0.69 at Sheboygan, shall 
open as follows:
    (a) From May 1 through October 31--
    (1) Between the hours of 6 a.m. and 10 p.m., the bridge shall open 
on signal, except that:
    (i) From 6:10 a.m. to 7:10 p.m., Monday through Saturday, the draw 
need open only at 10 minutes after the hour, on the half-hour, and 10 
minutes before the hour; and
    (ii) From Monday through Friday, except Federal holidays, the draw 
need not open between 7:30 a.m. and 8:30 a.m., between 12 p.m. and 1 
p.m., and between 4:30 p.m. and 5:30 p.m.
    (2) Between the hours of 10 p.m. and 6 a.m., the draw shall open on 
signal if at least 2 hours advance notice is provided.
    (b) From November 1 through April 30, the draw shall open on signal 
if at least 12 hours advance notice is provided.
    (c) At all times, the draw shall open as soon as possible for public 
vessels of the United States, state or local government vessels used for 
public safety, vessels in distress, vessels seeking shelter from rough 
weather, or any other emergency.

[CGD09-98-003, 63 FR 49288, Sept. 15, 1998]



Sec.  117.1099  St. Croix River.

    See Sec.  117.667, St. Croix River, listed under Minnesota.

[CGD 92-015, 57 FR 37880, Aug. 21, 1992]



Sec.  117.1101  Sturgeon Bay.

    The draws of the Bayview (State Route 42/57) and Michigan Street 
bridges, miles 3.0 and 4.3, respectively, at Sturgeon Bay, are remotely 
operated by the tender at Maple-Oregon bridge, mile 4.17, and shall open 
as follows:
    (a) The Bayview (State Route 42/57) Bridge, mile 3.0 at Sturgeon 
Bay, shall open on signal, except from December 1 through March 14, the 
draw shall open on signal if notice is given at least 12 hours in 
advance of intended passage.
    (b) The draw of the Maple-Oregon Bridge, mile 4.17 at Sturgeon Bay, 
shall open on signal, except as follows:
    (1) From March 15 through December 31, need open on signal for 
recreational vessels only on the quarter hour and three-quarter hour, 24 
hours a day, if needed. However, if more than 10 vessels have 
accumulated at the bridge, or vessels are seeking shelter from severe 
weather, the bridge shall open on signal. This drawbridge, along with 
the Michigan Street drawbridge, shall open simultaneously for larger 
commercial vessels, as needed.
    (2) From January 1 through March 14, the draw shall open on signal 
if notice is given at least 12 hours in advance of intended passage.
    (c) The draw of the Michigan Street Bridge, mile 4.3 at Sturgeon 
Bay, shall open on signal, except as follows:
    (1) From March 15 through December 31, need open on signal for 
recreational vessels only on the hour and half-hour, 24 hours a day, if 
needed. However if more than 10 vessels have accumulated at the bridge, 
or vessels are seeking

[[Page 685]]

shelter from severe weather, the bridge shall open on signal. This 
drawbridge, along with the Maple-Oregon Street drawbridge, shall open 
simultaneously for larger commercial vessels, as needed.
    (2) From January 1 through March 14, the draw shall open on signal 
if notice is given at least 12 hours in advance of intended passage.

[USCG-2011-1109, 77 FR 44142, July 27, 2012, as amended by USCG-2017-
0050, 82 FR 11151, Feb. 21, 2017]

    Effective Date Note: By USCG-2017-0050, 82 FR 11151, Feb. 21, 2017, 
Sec.  117.1101 was amended by adding introductory text, effective Mar. 
23, 2017 to midnight on Mar. 15, 2018.



Sec.  117.1103  Upper Mississippi River.

    See Sec.  117.671, Upper Mississippi River, listed under Minnesota.

[CGD 92-015, 57 FR 37880, Aug. 21, 1992]



Sec.  117.1105  Wisconsin River.

    The draws of each drawbridge across the Wisconsin River shall open 
on signal if at least 48 hours notice is given.



Sec.  117.1107  Wolf River.

    (a) The draw of the Winneconne Highway bridge, mile 2.4 at 
Winneconne, shall open on signal; except that, between the hours of 
midnight and 8 a.m., from April 20 through October 15, at least 2-hours 
of advance notice is required, and from October 16 through April 19, at 
least 12-hours of advance notice is required. Advance notice shall be 
provided to the Winnebago County Highway Department.
    (b) The draw of the Canadian National Railroad Bridge, mile 27.8 at 
Gill's Landing, shall open on signal if at least 6-hours advance notice 
is provided from April 20 through October 15, and if at least 12-hours 
advance notice is provided from October 16 through April 19.

[USCG-2013-0252, 78 FR 53668, Aug. 30, 2013]



PART 118_BRIDGE LIGHTING AND OTHER SIGNALS--Table of Contents



Sec.
118.1 General requirements.
118.3 Incorporation by reference.
118.5 Penalty for failure to maintain.
118.10 Interference or obstruction prohibited.
118.15 Penalty for interference or obstruction.
118.20 Obtaining information.
118.25 Application procedure.
118.30 Action by Coast Guard.
118.40 Modification of requirements.
118.45 Lighting for the protection of aerial navigation.
118.50 Inspection.
118.55 Periods of operation.
118.60 Characteristics of lights.
118.65 Lights on fixed bridges.
118.70 Lights on swing bridges.
118.75 Lights on single-opening drawbridges.
118.80 Lights on bascule bridges.
118.85 Lights on vertical lift bridges.
118.90 Bridges crossing channel obliquely.
118.95 Lights on structures not part of a bridge or approach structure.
118.100 Retroreflective panels on bridge piers.
118.105 [Reserved]
118.110 Daymarks and lateral lighting on bridges.
118.120 Radar reflectors and racons.
118.130 Fog signals.
118.140 Painting bridge piers.
118.150 Traveller platforms.
118.160 Vertical clearance gauges.

    Authority: 33 U.S.C. 494; 14 U.S.C. 85, 633; Department of Homeland 
Security Delegation No. 0170.1.

    Source: CGD 75-046, 40 FR 24898, June 11, 1975, unless otherwise 
noted.



Sec.  118.1  General requirements.

    All persons owning or operating bridges over the navigable waters of 
the United States or any international bridge constructed after March 
23, 1906, shall maintain at their own expense the lights and other 
signals required by this part.

[CGD 84-022, 51 FR 16312, May 2, 1986]



Sec.  118.3  Incorporation by reference.

    (a) In this part, portions or the entire text of certain standards 
and specifications are incorporated by reference as the governing 
requirements for materials, equipment, tests, or procedures to be 
followed. These standards and specification requirements specifically 
referred to in this part are the governing requirements for the subject 
matters covered, unless specifically limited, modified, or replaced by 
the regulations.
    (b) These materials are incorporated by reference into this part 
under 5

[[Page 686]]

U.S.C. 552(a) with the approval of the Director of the Federal Register. 
The Office of the Federal Register publishes a table, ``Material 
Approved for Incorporation by Reference,'' which appears in the Finding 
Aids section of this volume. In that table are found citations to the 
particular sections of this part where the material is incorporated. To 
enforce any edition other than the one listed in paragraph (c) of this 
section, notice of the change must be published in the Federal Register 
and the material made available. All approved material is available for 
inspection at Coast Guard Headquarters. Contact Commandant (CG-BRG), 
Attn: Office of Bridge Programs, U.S. Coast Guard Stop 7418, 2703 Martin 
Luther King Jr. Avenue SE., Washington, DC 20593-7418. You may also 
contact the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html. Copies may be obtained from 
the sources indicated in paragraph (c) of this section.
    (c) The materials approved for incorporation by reference in this 
part are:

Federal Highway Administration (FHWA), 1200 New Jersey Avenue SE., 
          Washington, DC 20590
    Standard Alphabets for Highways Signs, 1966. (Reprinted April 1984).

[CGD 84-022, 51 FR 16313, May 2, 1986]

    Editorial Note: For Federal Register citations affecting Sec.  
118.3, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec.  118.5  Penalty for failure to maintain.

    Any person required to maintain lights and other signals upon any 
bridge or abutment over or in the navigable waters of the United States 
who fails or refuses to maintain such lights and other signals, or to 
obey any of the lawful rules and regulations relating to the same is 
subject to a penalty as provided in 14 U.S.C. 85.



Sec.  118.10  Interference or obstruction prohibited.

    No person shall obstruct or interfere with any lights or signals 
maintained in accordance with the regulations prescribed in this part.



Sec.  118.15  Penalty for interference or obstruction.

    Any person violating the provisions of Sec.  118.10 of this chapter 
shall be deemed guilty of a misdemeanor and be subject to a fine not 
exceeding $500 for each offense. Each day during which such violation 
shall continue shall be considered a new offense.

[40 FR 24898, June 11, 1975, as amended by CGD 75-046a, 42 FR 56954, 
Oct. 31, 1977]



Sec.  118.20  Obtaining information.

    Persons desiring information concerning the marking of bridges shall 
address their inquiry to the District Commander having jurisdiction over 
the area concerned, or to the Commandant.



Sec.  118.25  Application procedure.

    Approval of lights and other signals required shall be obtained, 
prior to construction, from the District Commander of the area in which 
the structure will be situated. Application shall be by letter 
accompanied by duplicate sets of drawings showing (a) plan and elevation 
of the structure showing lights and signals proposed, and (b) small 
scale vicinity chart showing proposed bridge and all other bridges 
within 1,000 feet above or below the proposed bridge.



Sec.  118.30  Action by Coast Guard.

    (a) The District Commander receiving the application will review it 
and approve the lights and other signals proposed, or mark on the 
drawings, the lights and other signals required, and in the case of 
lights, cite the applicable section of this chapter which prescribes the 
lights required for the particular type bridge.
    (b) Upon approval, one set of drawings will be returned to the 
applicant with the notation ``navigational lights and/or other signals 
approved as shown'', date, name and title of the District Commander.

[[Page 687]]



Sec.  118.40  Modification of requirements.

    (a) The District Commander may modify the requirements for the 
display of lights and other signals on any bridge when a change in local 
conditions warrants the modification.
    (b) The District Commander may exempt bridges over waterways with no 
significant nighttime navigation from the lighting or other signal 
requirements in this part.
    (c) The District Commander may prescribe special lighting or other 
signals in specific cases when the lighting or other signals in this 
part may not provide adequately for the safe passage of vessels.
    (d) While a bridge is under construction, the District Commander 
prescribes the temporary lights and other signals to be displayed for 
the protection of navigation.

[CGD 84-022, 51 FR 16313, May 2, 1986]



Sec.  118.45  Lighting for the protection of aerial navigation.

    The owner of a bridge which constitutes a hazard to aerial 
navigation should maintain, in addition to the lights prescribed in this 
part, such lights as may be prescribed by the Administrator, Federal 
Aviation Administration.

[40 FR 24898, June 11, 1975, as amended by CGD 75-046a, 42 FR 56954, 
Oct. 31, 1977]



Sec.  118.50  Inspection.

    Lights and other signals required or authorized under this part are 
subject to inspection at any time by Coast Guard personnel or authorized 
agents.

[CGD 84-022, 51 FR 16313, May 2, 1986]



Sec.  118.55  Periods of operation.

    (a) Lights shall be displayed from sunset to sunrise and at other 
times when the visibility is less than one mile.
    (b) Operators shall not be required to exhibit the prescribed lights 
during seasons when vessels are unable to navigate in the vicinity of 
the bridge.
    (c) The operation of signals other than lights shall be as 
prescribed by the District Commander. Each case shall be considered 
individually.



Sec.  118.60  Characteristics of lights.

    All lights required or authorized under this part must be securely 
attached to the structure and of sufficient candlepower as to be visible 
against the background lighting at a distance of at least 2,000 yards 90 
percent of the nights of the year. Lights must meet the requirements of 
this part. Lights shall be fixed lights excepting as provided in 
Sec. Sec.  118.95. 118.110 and 118.150 of this part. Color 
specifications are not prescribed for bridge lights, however, the 
chromaticity standards for navigation lights in 33 CFR Part 84--Annex I 
are recommended.

[CGD 84-022, 51 FR 16313, May 2, 1986, as amended by USCG-1998-3799, 63 
FR 35530, June 30, 1998]



Sec.  118.65  Lights on fixed bridges.

    (a) Each fixed bridge span over a navigable channel shall be lighted 
so that the center of the navigable channel under each span will be 
marked by a range of two green lights, and each margin of each navigable 
channel will be marked by a red light: Provided, That when a margin of a 
channel is limited by a pier, only those lights prescribed in paragraph 
(b) of this section shall be required to mark such channel margin. The 
green lights shall each show through a horizontal arc of 360 deg.; they 
shall be securely mounted just below the outermost edge of the bridge 
span structure so as to be visible from an approaching vessel. Each red 
light shall show through a horizontal arc of 180 deg., and shall be 
securely mounted just below the outermost edge of the bridge span 
structure to show 90 deg. on either side of a line parallel to the axis 
of the channel so as to be visible from an approaching vessel.

    Note: Until such time that major repairs to or replacements of 
existing fixed span navigation lights colored green are made, it is 
permitted that only one of these lights marking the centerline of the 
same channel under a span shall be visible to an approaching vessel. 
When major repairs to or replacement of such existing green lights are 
made they shall conform with this paragraph.

    (b) Pier lights. When the navigable channel extends from pier to 
pier or

[[Page 688]]

when piers are located within the navigable channel, each end of such 
piers shall be lighted with a red light. Each such light shall show 
through a horizontal arc of 180 deg., and shall be securely fastened at 
the end of the pier as low as practicable but not lower than 2 feet 
above navigable high water to show 90 deg. on either side of a line 
parallel to the axis of the channel so as to be visible from an 
approaching vessel.
    (c) Main channel. When necessary, the District Commander may 
prescribe that fixed bridges having two or more spans over a navigable 
channel shall have the main channel span marked with a set of three 
white lights arranged in a vertical line directly above each green light 
on the main channel span. Each white light shall show through a 
horizontal arc of 180 deg., and shall be mounted so that \1/2\ of the 
horizontal arc will show on either side of a line parallel to the axis 
of the channel. These three white lights shall be securely mounted on 
the bridge structure and spaced as nearly 15 feet apart as the structure 
of the bridge will permit, with a minimum spacing of 7 feet. The lowest 
white light in the line of three lights shall be placed not less than 10 
nor more than 15 feet above each green light on the main channel span.

    Note: Until such time that major repairs to or replacements of 
existing main channel lights showing white are made, it is permitted 
that these lights show through a horizontal arc of not less than 60 deg. 
nor more than 180 deg. with \1/2\ of such arc showing either side of a 
line parallel to the axis of the main channel. When major repairs or 
replacement of such existing white lights are made, they shall conform 
with this paragraph.

[40 FR 24898, June 11, 1975, as amended by CGD 75-046a, 42 FR 56954, 
Oct. 31, 1977]



Sec.  118.70  Lights on swing bridges.

    (a) Swing span lights on through bridges. Each swing span of every 
through swing bridge shall be lighted with three lanterns so that when 
viewed from an approaching vessel the swing span when closed will 
display three red lights on top of the span structure, one at each end 
of the span on the same level and one at the center of the span no less 
than 10 feet above the other two lights, and when open for navigation 
will display three green lights on top of the span structure in a line 
parallel to and directly above the long axis of the span, one at each 
end of the span on the same level, and one at the center of the span no 
less than 10 feet above the other two lights. Each lantern shall show 
through alternate red and green horizontal arcs of 60 deg. each, the 
axis of adjacent arcs to be 90 deg. from each other; each light shall be 
securely mounted with the axis of the green arcs parallel to the long 
axis of the swing span.
    (b) Swing span lights on deck and half-through bridges. Each swing 
span of every deck, half-through, girder, or similar type swing bridge 
shall be lighted with four lanterns so that when viewed from an 
approaching vessel the swing span when closed will display one red light 
at each end, and when open to navigation will display two green lights 
from each end. Each lantern shall show through one red and two green 
horizontal arcs of 60 deg. each, the axis of each green arc to be 
90 deg. from the axis of the red arc; each light shall be securely 
mounted at the floor level of the span as near to the side of the span 
as practicable with the axis of the red light normal to the long axis of 
the swing span and so that the red light will be visible from an 
approaching vessel when the span is closed.
    (c) Pier lights. Every swing bridge shall be lighted so that each 
end of the piers adjacent to the navigable channel (draw piers) or each 
end of their protection piers (draw pier protection piers) and each end 
of the piers protecting the pivot pier (pivot protection pier) will be 
marked by a red light. Each of these lights shall show through a 
horizontal arc of 180 deg. and shall be mounted as low as practicable 
below the floor level of the swing span to show 90 deg. on either side 
of a line parallel to the axis of the channel so as to be visible from 
an approaching vessel.
    (d) Axis lights. Every swing bridge shall be lighted so that the 
intersection of the bridge axis with each side of the pivot pier and the 
channel side of each draw pier which has a protection pier will be 
marked by a red light: Provided, That if the draw and draw protection 
piers are straight along their channel faces these lights shall not be 
required. Each such light shall show

[[Page 689]]

through a horizontal arc of 180 deg., and shall be mounted on the 
navigable channel face of the pier as low as practicable below the floor 
level of the swing span to show 90 deg. either side of a line normal to 
the axis of the navigable channel so as to be visible from an 
approaching vessel.
    (e) Omission of lights. Where the permanent navigable channel passes 
on only one side of the pivot pier of any swing span, the District 
Commander may authorize the omission of lighting of the unused channel.



Sec.  118.75  Lights on single-opening drawbridges.

    (a) Bridges in this class. Bridges of the folding, pontoon and 
similar type single opening drawbridges are included in this class.
    (b) Draw span lights. Each draw span of every single opening 
drawbridge shall be lighted with two lanterns so that when viewed from 
an approaching vessel the draw span when closed will display two red 
lights, one at each end of the span and when open to navigation will 
display two green lights, one at each end of the span. Each lantern 
shall show alternate red and green horizontal arcs of 60 deg. each, the 
axis of adjacent arcs to be located 90 deg. from each other; each 
lantern shall be securely mounted 15 feet above the roadway with the 
axis of the green arcs parallel to the long axis of the swing span.
    (c) Pier or abutment lights. Every swing bridge shall be lighted so 
that the end of each pier, abutment or fixed portion of the bridge 
adjacent to the navigable channel through the draw, or each end of the 
protection piers for such piers, abutments, or fixed portion of the 
bridge will be marked by a red light. Each red light shall show through 
an arc of 180 deg., and shall be securely mounted on the pier, abutment 
or fixed portion of the bridge as low as practicable to show 90 deg. on 
either side of a line parallel to the axis of the channel so as to be 
visible from an approaching vessel.



Sec.  118.80  Lights on bascule bridges.

    (a) Lift span lights. Each lift span of every bascule bridge shall 
be lighted so that the free end of the span will be marked on each side 
by a green light which shows only when the span is fully open for the 
passage of a vessel and by a red light which shows for all other 
positions of the lift span. Each red and each green light shall show 
through a horizontal arc of 180 deg.. The lighting apparatus shall be 
securely mounted to the side of the span so that the light will show 
equally on either side of a line parallel to the axis of the channels, 
so that they will be visible from an approaching vessel.

    Note: Until such time that major repairs to or replacement of lift 
span navigation lights are made, existing lights may show through a 
horizontal arc of less than 180 deg.. When major repairs to or 
replacement of existing lights are made they shall conform with this 
paragraph.

    (b) Multiple parallel lift span lights. The outermost side of each 
outer span of every bascule bridge with parallel multiple lifts shall be 
lighted as prescribed in paragraph (a) of this section; the lights shall 
be controlled so that the green lights will be displayed only when all 
spans are open for navigation. The inner sides of each outer lift span 
and both sides of each inner lift span of such bascule bridge shall be 
lighted by red lights for all positions of the lift span. These lights 
shall have the same arcs of illumination and shall be mounted as 
described in paragraph (a) of this section.
    (c) Pier lights. Every bascule bridge shall be lighted so that each 
end of every pier, or protection pier where provided, in or adjacent to 
the navigable channels under the lift span or spans will be marked by a 
red light. Each such red light shall show through a horizontal arc of 
180 deg., and shall be securely mounted as low as practicable on the end 
of the pier, or protection pier, to show 90 deg. either side of a line 
parallel to the axis of the navigable channel so as to be visible from 
an approaching vessel.
    (d) Axis lights. Every bascule bridge which has at least one pier 
provided with a protection pier shall be lighted so that the 
intersection of the long axis of the lift span with the channel side of 
each pier, or protection pier, will be marked by a red light: Provided, 
That if all such piers and protection piers are straight along their 
channel faces these lights shall not be required.

[[Page 690]]

Each such red light shall show through a horizontal arc of 180 deg. and 
shall be securely mounted on the navigable channel face of the pier as 
low as practicable to show 90 deg. on either side of a line normal to 
the axis of the navigable channel so as to be visible from an 
approaching vessel.



Sec.  118.85  Lights on vertical lift bridges.

    (a) Lift span lights. The vertical lift span of every vertical lift 
bridge shall be lighted so that the center of the navigable channel 
under the span will be marked by a range of two green lights when the 
vertical lift span is open for navigation, and by one red light on each 
side for all other positions of the lift span. The green lights shall 
each show through a horizontal arc of 360 deg.; they shall be securely 
mounted just below the outermost edge of the bridge span structure so as 
to be visible from an approaching vessel. Each red light shall show 
through a horizontal arc of 180 deg., and shall be securely mounted just 
below the outermost edge of the lift span to show 90 deg. on either side 
of the line parallel to the axis of the channel so that only one such 
light will be visible from an approaching vessel.

    Note: Until such time that major repairs to or replacement of lift 
span navigation lights are made, it is permitted that these lights show 
through a horizontal arc of not more than 60 deg.. When major repairs to 
or replacement of such existing lights are made they shall conform with 
this paragraph.

    (b) Pier lights. Every vertical lift bridge shall be lighted so that 
each end of every pier in or adjacent to navigable channels under the 
lift span, or each end of every protection pier when provided, will be 
marked by a red light. Each such light shall show through a horizontal 
arc of 180 deg., and shall be securely mounted as low as practicable on 
the end of the pier, or the protection pier, to show 90 deg. on either 
side of a line parallel to the axis of the navigable channel so as to be 
visible from an approaching vessel.
    (c) Axis lights. Every lift bridge which has at least one pier 
provided with a protection pier shall be lighted so that the 
intersection of the lift span axis with the channel side of each pier 
adjacent to the navigable channel will be marked by a red light: 
Provided, That if every such pier, or protection pier, is straight along 
its channel face these lights shall not be required. Each such light 
shall show through a horizontal arc of 180 deg., and shall be securely 
mounted on the navigable channel face of the pier as low as practicable 
to show 90 deg. on either side of a line normal to the axis of the 
navigable channel so as to be visible from an approaching vessel.

[40 FR 24898, June 11, 1975, as amended by CGD 75-046a, 42 FR 56954, 
Oct. 31, 1977]



Sec.  118.90  Bridges crossing channel obliquely.

    Bridges crossing a body of water at an angle other than 90 deg. with 
the axis of the channel shall be lighted in accordance with the 
regulations in this part with such modifications as are necessary in 
each particular case.



Sec.  118.95  Lights on structures not part of a bridge or approach
structure.

    Lights on sheer booms, isolated piers, obstructions, and other 
structures not part of a bridge or approach structure must meet the 
requirements for aids to navigation in Subpart 66.01 of Part 66 of this 
chapter.

[CGD 84-022, 51 FR 16313, May 2, 1986]



Sec.  118.100  Retroreflective panels on bridge piers.

    The District Commander may require or authorize the display of high 
intensity red or green retroreflective panels when the District 
Commander finds it necessary:
    (a) To better identify a hazardous pier.
    (b) To provide a backup for red pier lights, red channel margin 
lights, and green mid channel lights, which are subject to vandalism or 
otherwise difficult to properly maintain. If the District Commander 
determines that the nominal nighttime visibility required is less than 
one-half mile, the panels must be at least six inches square. If the 
visibility required is more than one-half mile, the panels must be at 
least 12 inches square.
    (c) To mark bridge piers or channel sides on bridges not required to 
have bridge lighting. Lateral significant red

[[Page 691]]

triangles and green square retroreflective panels shall be used. The 
panels shall be at least 36 square inches in area to provide a nominal 
nighttime visibility distance of at least one-half mile.

[CGD 84-022, 51 FR 16313, May 2, 1986]



Sec.  118.105  [Reserved]



Sec.  118.110  Daymarks and lateral lighting on bridges.

    (a) The District Commander may require or authorize the marking of 
the margins of navigation channels through bridges with U.S. aids to 
navigation system lateral marks and lights installed on the 
superstructure or on the channel piers. The District Commander may also 
require or authorize the use of quick flashing, flashing, isophase or 
occulting red and green lights to mark the main channels.
    (b) If lateral system lights are required or authorized to mark the 
main navigation channels, fixed yellow lights shall be used to mark the 
adjacent piers and the centerline of the channel shall be marked with 
the standard lateral system safe water mark and occulting white light, 
instead of the lights prescribed in Sec.  118.65.
    (c) The District Commander may require or authorize the marking of 
the centerline of the navigation channel drawspan of floating 
drawbridges with a special mark, diamond in shape, yellow in color, and 
with a high intensity retroreflective material border. The District 
Commander may require or authorize the mark to exhibit a flashing yellow 
light Morse Code ``B'' characteristic. The mark may not be visible when 
the drawspan is in the open position.

[CGD 84-022, 51 FR 16313, May 2, 1986]



Sec.  118.120  Radar reflectors and racons.

    The District Commander may require or authorize the installation of 
radar reflectors and racons on bridge structures, stakes, or buoys. 
Radar reflectors are used to mark the location of the edge of the 
navigation channel or bridge channel piers. Racons are used to mark the 
centerline of the channel. The District Commander may authorize the use 
of Automatic Identification System Aids to Navigation in lieu of or in 
addition to a racon.

[CGD 84-022, 51 FR 16313, May 2, 1986, as amended by USCG-2005-21869, 80 
FR 5330, Jan. 30, 2015]



Sec.  118.130  Fog signals.

    On waterways where visibility is frequently reduced due to fog or 
other causes, the District Commander may require or authorize the 
installation of one or more fog signals to warn the navigator of the 
presence of the bridge. The fog signals must conform to the 
installation, range, and sound frequencies provisions in Subpart 67.10 
of Part 67 of this chapter. If more than one fog signal is installed on 
a bridge or in the vicinity, their characteristics must be different to 
distinguish each signal. The fog signals must be directional to the 
fullest extent possible to minimize adverse impact on local residents.

[CGD 84-022, 51 FR 16313, May 2, 1986]



Sec.  118.140  Painting bridge piers.

    The District Commander may require painting the sides of bridge 
channel piers below the superstructure facing traffic white or yellow 
when they are significantly darkened by weathering or other causes so as 
to be poorly visible against a dark background.

[CGD 84-022, 51 FR 16314, May 2, 1986]



Sec.  118.150  Traveller platforms.

    The District Commander may require under deck traveller platforms 
which may significantly reduce the vertical clearance when operated over 
navigation channels at night to be lighted with quick flashing red 
lights on each of the four lower corners.

[CGD 84-022, 51 FR 16314, May 2, 1986]



Sec.  118.160  Vertical clearance gauges.

    (a) When necessary for reasons of safety of navigation, the District 
Commander may require or authorize the installation of clearance gauges. 
Except as specified in Sec.  117.47(b) of this chapter for certain 
drawbridges, clearance gauges must meet the requirements of this 
section.
    (b) Clearance gauges must indicate the vertical distance between 
``low

[[Page 692]]

steel'' of the bridge channel span (in the closed to navigation position 
for drawbridges) and the level of the water, measured to the bottom of 
the foot marks, read from top to bottom. Each gauge must be installed on 
the end of the right channel pier or pier protection structure facing 
approaching vessels and extend to a reasonable height above high water 
so as to be meaningful to the viewer. Other or additional locations may 
be prescribed by the District Commander if particular conditions or 
circumstances warrant.
    (c) Construction. Each gauge must be permanently fixed to the bridge 
pier or pier protection structure and made of a durable material of 
sufficient strength to provide resistance to weather, tide, and current. 
Gauges may be painted directly on the bridge channel pier or pier 
protection structure if the surface is suitable and has sufficient width 
to accommodate the foot marks (graduations) and numerals.
    (d) Numerals. (1) Each gauge must be marked by black numerals and 
foot marks on a white background. Paint, if used, must be of good 
exterior quality, resistant to excessive chalking or bleeding. 
Manufactured numerals and background material may be used.
    (2) The size, type, and spacing of numerals must conform to the 
Standard Alphabets for Highway Signs and the following table. The 
nominal day visibility distance is the distance at which the clearance 
information needs to be ascertained by approaching vessel operators. The 
District Commander determines this distance for each bridge.

------------------------------------------------------------------------
                                                               Vertical
 Nominal day visibility distance   Height of      Type of     spacing of
             (feet)                 numeral       numeral      numerals
                                   (inches)                     (feet)
------------------------------------------------------------------------
Less than 500...................          12  Series C......           2
500 to 750......................          18  Series C......           2
750 to 1,000....................          24  Series D......           5
1,000 to 2,000..................          30  Series E......           5
More than 2,000.................          36  Series E......          10
------------------------------------------------------------------------

    (3) The length of the foot marks must be no less than the width of a 
single numeral used (except numerals 1 and 4), be the same thickness as 
the width of stroke of the numeral, and extend to the nearest margin of 
the white background. Foot marks must be spaced every foot for nominal 
day visibility of less than 500 feet, every two feet for a nominal day 
visibility of more than 500 feet but less than 1,000 feet, and every 
five feet for nominal day visibility of more than 1,000 feet.
    (4) Intermediate foot marks may be used when more precise 
determination of actual clearance is necessary. Such intermediate foot 
marks must have a width of stroke one-half the width of the stroke 
required for the numeral and shall be three-quarters as long as the 
primary foot marks.
    (5) The horizontal distance between the numeral and nearest edge of 
the white background shall be no less than one-half the width of a 
single numeral (excepting numerals 1 and 4).
    (6) The minimum width of the white background shall be no less than 
three times the width of a single numeral (excepting numerals 1 and 4) 
plus the widths of each additional numeral (when multiple numerals are 
used plus numeral spacing).
    (e) Maintenance. The owner or operator of the bridge shall maintain 
each gauge in good repair and legible condition. The bridge owner or 
operator is responsible for the accuracy of the gauge and shall 
remeasure the vertical distance of the numerals and foot marks below 
``low steel'' of the bridge whenever the gauge is repainted or the 
structure is repaired.

[CGD 84-022, 51 FR 16314, May 2, 1986, as amended by USCG-2012-0306, 77 
FR 37315, June 21, 2012]

[[Page 693]]



                    SUBCHAPTER K_SECURITY OF VESSELS





PART 120_SECURITY OF PASSENGER VESSELS--Table of Contents



                            Subpart A_General

Sec.
120.100 Does this part apply to me?
120.110 Definitions.
120.120 Incorporation by reference.

                       Subpart B_Security Program

120.200 What must my Vessel Security Program cover?
120.210 What are the responsibilities of my vessel security officer?
120.220 What must I do to report an unlawful act and related activity?

           Subpart C_Plans and Procedures for Vessel Security.

120.300 What is required to be in a Vessel Security Plan?
120.303 Who must submit a Terminal Security Plan?
120.305 What is the procedure for examination?
120.307 What do I do if I need to amend my Vessel Security Plan?
120.309 What is my right of appeal?

    Authority: 33 U.S.C. 1231; Department of Homeland Security 
Delegation No. 0170.



                            Subpart A_General



Sec.  120.100  Does this part apply to me?

    This part applies to all passenger vessels over 100 gross tons, 
carrying more than 12 passengers for hire; making voyages lasting more 
than 24 hours, any part of which is on the high seas; and for which 
passengers are embarked or disembarked in the United States or its 
territories. It does not apply to ferries that hold Coast Guard 
Certificates of Inspection endorsed for ``Lakes, Bays, and Sounds'', and 
that transit international waters for only short periods of time, on 
frequent schedules.



Sec.  120.110  Definitions.

    As used in this part:
    Captain of the Port (COTP) means the Coast Guard officer designated 
by the Commandant to command a Captain of the Port Zone as described in 
Part 3 of this chapter, or an authorized representative.
    Commandant means the Commandant of the U.S. Coast Guard, or an 
authorized representative.
    High seas means the waters defined in Sec.  2.32(d) of this chapter.
    Operator means the person, company, or governmental agency, or the 
representative of a company or governmental agency, that maintains 
operational control over a passenger vessel or passenger terminal.
    Passenger terminal means any structure used for the assembling, 
processing, embarking, or disembarking of passengers or baggage for 
vessels subject to this part. It includes piers, wharves, and similar 
structures to which a vessel may be secured; land and water under or in 
immediate proximity to these structures; buildings on or contiguous to 
these structures; and equipment and materials on or in these structures.
    Security Level I means the degree of security precautions to take 
when the threat of an unlawful act against a vessel or terminal is, 
though possible, not likely.
    Security Level II means the degree of security precautions to take 
when the threat of an unlawful act against a vessel or terminal is 
possible and intelligence indicates that terrorists are likely to be 
active within a specific area, or against a type of vessel or terminal.
    Security Level III means the degree of security precautions to take 
when the threat of an unlawful act against a vessel or terminal is 
probable or imminent and intelligence indicates that terrorists have 
chosen specific targets.
    Unlawful act means an act that is a felony under U.S. federal law, 
under the laws of the States where the vessel is located, or under the 
laws of the country in which the vessel is registered.
    Voyage means the passenger vessel's entire course of travel, from 
the first port at which the vessel embarks passengers until its return 
to that port or another port where the majority of the passengers are 
disembarked and terminate their voyage.

[[Page 694]]

    We means the United States Coast Guard.
    You, unless otherwise specified, means the owner, operator, or 
charterer of a passenger vessel.

[CGD 91-012, 61 FR 37652, July 18, 1996, as amended by CGD91-012, 63 FR 
53590, Oct. 6, 1998; USCG-2001-9044, 68 FR 42602, July 18, 2003]



Sec.  120.120  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register in accordance 
with 5 U.S.C. 552(a) and 1 CFR Part 51. To enforce any edition other 
than that specified in paragraph (b) of this section, the Coast Guard 
must publish notice of change in the Federal Register and must make the 
material available to the public. All approved material may be inspected 
at the Coast Guard Headquarters. Contact Commandant (CG-ENG), Attn: 
Office of Design and Engineering Standards, U.S. Coast Guard Stop 7509, 
2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509. 
Copies may be obtained from IMO, 4 Albert Embankment, London SE1 7SR, or 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html.
    (b) The materials approved for incorporation by reference in this 
part and the sections affected are:

                International Maritime Organization (IMO)

4 Albert Embankment, London SE1 7SR MSC Circular 443, Measures to 
Prevent Unlawful Acts Against Passengers and Crews on Board Ships 
September 26, 1986--120.220, 120.300

[CGD 91-012, 61 FR 37652, July 18, 1996, as amended at 69 FR 18803, Apr. 
9, 2004; USCG-2010-0351, 75 FR 36283, June 25, 2010; USCG-2014-0410, 79 
FR 38433, July 7, 2014]



                       Subpart B_Security Program



Sec.  120.200  What must my Vessel Security Program cover?

    (a) If this part applies to your passenger vessel, you must 
implement a program for that vessel that--
    (1) Provides for the safety and security of persons and property 
traveling aboard the vessel, against unlawful acts;
    (2) Prevents or deters the carriage aboard the vessel of any 
prohibited weapon, incendiary, or explosive, on or about any person or 
within his or her personal articles or baggage, and the carriage of any 
prohibited weapon, incendiary, or explosive, in stowed baggage, cargo, 
or stores;
    (3) Prevents or deters unauthorized access to the vessel and to 
restricted areas aboard the vessel;
    (4) Provides appropriate security measures for 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 vessel or any person aboard it;
    (5) Designates, by name, a security officer for the vessel;
    (6) Ensures that all members of the crew are adequately trained to 
perform their duties relative to security; and
    (7) Provides for coordination with terminal security while in port.
    (b) If this part applies to your passenger vessel, you must work 
with the operator of each terminal at which that vessel embarks or 
disembarks passengers, to provide security for the passengers and the 
vessel. You need not duplicate any provisions fulfilled by the terminal 
unless directed to by the Commandant. When a provision is fulfilled by 
the terminal, the applicable section of the Vessel Security Plan 
required by Sec.  120.300 must refer to that fact.

[CGD91-012, 63 FR 53590, Oct. 6, 1998]



Sec.  120.210  What are the responsibilities of my vessel security
officer?

    (a) If this part applies to your passenger vessel, you must 
designate a security officer for your vessel.
    (b) This officer must ensure that--

[[Page 695]]

    (1) An initial comprehensive security survey is conducted and 
updated;
    (2) The Vessel Security Plan required by Sec.  120.300 is 
implemented and maintained, and amendments to correct its deficiencies 
and satisfy the security requirements for the vessel are proposed;
    (3) Adequate training for members of the crew responsible for 
security is provided;
    (4) Regular security inspections of the vessel are conducted;
    (5) Vigilance is encouraged, as well as is general awareness of 
security, aboard the vessel;
    (6) All occurrences or suspected occurrences of unlawful acts and 
related activities are reported under Sec.  120.220; and
    (7) Coordination, for implementation of the Vessel Security Plan 
required by Sec.  120.300, takes place with the terminal security 
officer at each terminal where the vessel embarks or disembarks 
passengers.

[CGD91-012, 63 FR 53590, Oct. 6, 1998]



Sec.  120.220  What must I do to report an unlawful act and related 
activity?

    (a) Either you or the vessel security officer must report each 
breach of security, unlawful act, or threat of an unlawful act against 
any of your passenger vessels to which this part applies, or against any 
person aboard it, that occurs in a place subject to the jurisdiction of 
the United States. You must report the incident to both the COTP and to 
the local office of the Federal Bureau of Investigation (FBI). Also, if 
your vessel is a U.S.-flag vessel, you must report each such incident 
that occurs in a place outside the jurisdiction of the United States to 
the hotline of the Response Center of the Department of Homeland 
Security at 1-800-424-0201, or, from within metropolitan Washington, 
D.C., at 202-372-2428; Fax: 202-372-2920.
    (b) Either you or the vessel security officer must file a written 
report of the incident, using the form ``Report on an Unlawful Act,'' 
contained in IMO MSC Circular 443, which you or the officer must forward 
as soon as possible to Commandant (CG-MER), Attn: Office of 
Environmental Response Policy, U.S. Coast Guard Stop 7516, 2703 Martin 
Luther King Jr. Avenue SE., Washington, DC 20593-7516. You may initially 
file the report with Commandant (CG-MER) by fax at (202) 267-4085 or -
4065.

[CGD91-012, 63 FR 53590, Oct. 6, 1998, as amended by USCG-2003-14505, 68 
FR 9535, Feb. 28, 2003; USCG-2006-25150, 71 FR 39208, July 12, 2006; 
USCG-2010-0351, 75 FR 36283, June 25, 2010; USCG-2014-0410, 79 FR 38433, 
July 7, 2014]



           Subpart C_Plans and Procedures for Vessel Security



Sec.  120.300  What is required to be in a Vessel Security Plan?

    (a) If your passenger vessel is subject to this part, you must 
develop and maintain, in writing, for that vessel, an appropriate Vessel 
Security Plan that--
    (1) Is unique to the vessel;
    (2) Articulates the program required by Sec.  120.200; and
    (3) Includes an appendix, for each port where the vessel embarks or 
disembarks passengers, that contains port-specific security information.
    (b) The Vessel Security Plan must be developed and maintained under 
the guidance in IMO MSC Circular 443, and must establish security 
measures to take for Security Levels I, II, and III, to--
    (1) Deter unauthorized access to the vessel and its restricted 
areas;
    (2) Deter the introduction of prohibited weapons, incendiaries, or 
explosives aboard the vessel;
    (3) Encourage vigilance, as well as general awareness of security, 
aboard the vessel;
    (4) Provide adequate training to members of the crew for security 
aboard the vessel;
    (5) Coordinate responsibilities for security with the operator of 
each terminal where the vessel embarks or disembarks passengers; and
    (6) Provide information to members of the crew and to law-
enforcement personnel, in case of an incident affecting security.
    (c) You must amend the Vessel Security Plan to address any known 
deficiencies.

[[Page 696]]

    (d) You must restrict the distribution, disclosure, and availability 
of information contained in the Vessel Security Plan to those persons 
with an operational need to know.

[CGD91-012, 63 FR 53590, Oct. 6, 1998]



Sec.  120.303  Who must submit a Terminal Security Plan?

    (a) You must submit a Terminal Security Plan whenever--
    (1) There is an agreement with the owner or operator of a terminal 
that you will submit the Plan;
    (2) You have exclusive use of the pier and terminal building 
immediately adjacent to the pier and have complete control of that area;
    (3) There is no terminal; or
    (4) Passengers embark or disembark but no baggage or stores are 
loaded or offloaded.
    (b) In the situations described in paragraphs (a)(3) and (4) of this 
section, you may, with the permission of the cognizant COTP, use an 
annex to the vessel's security plan instead of a Terminal Security Plan.
    (c) The owner or operator of a terminal must submit a Terminal 
Security Plan whenever--
    (1) There is an agreement with you that the owner or operator of the 
terminal will submit the Plan;
    (2) No security agreement exists; or
    (3) (i) At least one vessel other than a passenger vessel uses the 
terminal;
    (ii) More than one passenger vessel line uses the terminal; or
    (iii) The terminal loads or offloads baggage or stores.

[CGD91-012, 63 FR 53591, Oct. 6, 1998]



Sec.  120.305  What is the procedure for examination?

    (a) You must submit two copies of each Vessel Security Plan required 
by Sec.  120.300, or of any Terminal Security Plan or annex required or 
permitted under Sec.  120.303 or Sec.  128.305 of this chapter, to the 
Commanding Officer, Marine Safety Center, U.S. Coast Guard, 4200 Wilson 
Boulevard Suite 400, Arlington, VA 22203 for visitors. Send all mail to 
Commanding Officer (MSC), Attn: Marine Safety Center, U.S. Coast Guard 
Stop 7410, 4200 Wilson Boulevard Suite 400, Arlington, VA 20598-7410, 
for examination at least 60 days before embarking passengers on a voyage 
described in Sec.  120.100.
    (b) If the Commanding Officer, Marine Safety Center, finds that the 
Vessel Security Plan meets the requirements of Sec.  120.300, he or she 
will return a copy to you marked ``Examined by the Coast Guard.''
    (c) If the Commanding Officer, Marine Safety Center, finds that the 
Vessel Security Plan does not meet the requirements of Sec.  120.300, he 
or she will return the Plan with an explanation of why it does not meet 
them.
    (d) No vessel subject to this part may embark or disembark 
passengers in the United States, unless it holds either a Vessel 
Security Plan that we have examined or a letter from the Commanding 
Officer, Marine Safety Center, stating that we are currently reviewing 
the Plan and that normal operations may continue until we have 
determined whether the Plan meets the requirements of Sec.  120.300.

[CGD91-012, 63 FR 53591, Oct. 6, 1998, as amended by USCG-2001-9286, 66 
FR 33641, June 25, 2001; USCG-2007-26953, 72 FR 5931, Feb. 8, 2007; 
USCG-2010-0351, 75 FR 36283, June 25, 2010; USCG-2014-0410, 79 FR 38434, 
July 7, 2014]



Sec.  120.307  What do I do if I need to amend my Vessel Security Plan?

    (a) If your passenger vessel is subject to this part, you must amend 
your Vessel Security Plan when directed by the Commanding Officer, 
Marine Safety Center, and may amend it on your own initiative.
    (b) You must submit each proposed amendment to the Vessel Security 
Plan you initiate, including changes to any appendix required by Sec.  
120.300(a)(3), to the Commanding Officer, Marine Safety Center, for 
review, at least 30 days before the amendment is to take effect, unless 
he or she allows a shorter period. He or she will examine the amendment 
and respond according to Sec.  120.305.
    (c) The Commanding Officer, Marine Safety Center, may direct you to 
amend your Vessel 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

[[Page 697]]

matters to address and will allow you at least 60 days to submit 
proposed amendments.
    (d) If there is an emergency or other circumstance where the COTP 
determines that implementation of the Plan is not providing effective 
security, and the procedures in paragraph (c) of this section are 
impracticable, the COTP may give you an order to implement increases in 
security immediately. The order will incorporate a statement of the 
reasons for it.

[CGD91-012, 63 FR 53591, Oct. 6, 1998, as amended by USCG-2001-9286, 66 
FR 33641, June 25, 2001]



Sec.  120.309  What is my right of appeal?

    Any person directly affected by a decision or action taken by the 
Commanding Officer, Marine Safety Center, under this part, may appeal 
that action or decision to the Assistant Commandant for Prevention 
Policy (CG-5P) according to the procedures in 46 CFR 1.03-15.

[CGD91-012, 63 FR 53591, Oct. 6, 1998, as amended by USCG-2001-9286, 66 
FR 33641, June 25, 2001; USCG-2002-12471, 67 FR 41332, June 18, 2002; 
USCG-2014-0410, 79 FR 38434, July 7, 2014]

                        PARTS 121	124 [RESERVED]

[[Page 699]]



                              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 701]]



                    Table of CFR Titles and Chapters




                      (Revised as of July 1, 2017)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
       III  Administrative Conference of the United States (Parts 
                300--399)
        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 2--199)
        II  Office of Management and Budget Guidance (Parts 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)
       VII  Agency for International Development (Parts 700--799)
      VIII  Department of Veterans Affairs (Parts 800--899)
        IX  Department of Energy (Parts 900--999)
         X  Department of the Treasury (Parts 1000--1099)
        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 
                1800--1899)
        XX  United States Nuclear Regulatory Commission (Parts 
                2000--2099)
      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)

[[Page 702]]

    XXVIII  Department of Justice (Parts 2800--2899)
      XXIX  Department of Labor (Parts 2900--2999)
       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)
    XXXIII  National Endowment for the Humanities (Parts 3300--
                3399)
     XXXIV  Department of Education (Parts 3400--3499)
      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
     XXXVI  Office of National Drug Control Policy, Executive 
                Office of the President (Parts 3600--3699)
    XXXVII  Peace Corps (Parts 3700--3799)
     LVIII  Election Assistance Commission (Parts 5800--5899)
       LIX  Gulf Coast Ecosystem Restoration Council (Parts 5900--
                5999)

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--199)

                   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)
        IV  Office of Personnel Management and Office of the 
                Director of National Intelligence (Parts 1400--
                1499)
         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)
       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)

[[Page 703]]

      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)
     XXXIV  Securities and Exchange Commission (Parts 4400--4499)
      XXXV  Office of Personnel Management (Parts 4500--4599)
     XXXVI  Department of Homeland Security (Parts 4600--4699)
    XXXVII  Federal Election Commission (Parts 4700--4799)
        XL  Interstate Commerce Commission (Parts 5000--5099)
       XLI  Commodity Futures Trading Commission (Parts 5100--
                5199)
      XLII  Department of Labor (Parts 5200--5299)
     XLIII  National Science Foundation (Parts 5300--5399)
       XLV  Department of Health and Human Services (Parts 5500--
                5599)
      XLVI  Postal Rate Commission (Parts 5600--5699)
     XLVII  Federal Trade Commission (Parts 5700--5799)
    XLVIII  Nuclear Regulatory Commission (Parts 5800--5899)
      XLIX  Federal Labor Relations Authority (Parts 5900--5999)
         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)
       LXX  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 8000--8099)
      LXXI  Consumer Product Safety Commission (Parts 8100--8199)
    LXXIII  Department of Agriculture (Parts 8300--8399)
     LXXIV  Federal Mine Safety and Health Review Commission 
                (Parts 8400--8499)

[[Page 704]]

     LXXVI  Federal Retirement Thrift Investment Board (Parts 
                8600--8699)
    LXXVII  Office of Management and Budget (Parts 8700--8799)
      LXXX  Federal Housing Finance Agency (Parts 9000--9099)
   LXXXIII  Special Inspector General for Afghanistan 
                Reconstruction (Parts 9300--9399)
    LXXXIV  Bureau of Consumer Financial Protection (Parts 9400--
                9499)
    LXXXVI  National Credit Union Administration (Parts 9600--
                9699)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
    XCVIII  Council of the Inspectors General on Integrity and 
                Efficiency (Parts 9800--9899)
      XCIX  Military Compensation and Retirement Modernization 
                Commission (Parts 9900--9999)
         C  National Council on Disability (Partys 10000--10049)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 1--199)
         X  Privacy and Civil Liberties Oversight Board (Parts 
                1000--1099)

                         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)

[[Page 705]]

        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)
       XXV  Office of Advocacy and Outreach, Department of 
                Agriculture (Parts 2500--2599)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy Policy and New Uses, Department of 
                Agriculture (Parts 2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  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)

                    Title 8--Aliens and Nationality

         I  Department of Homeland Security (Immigration and 
                Naturalization) (Parts 1--499)

[[Page 706]]

         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 1300--
                1399)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Parts 1800--1899)

                      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)
         X  Bureau of Consumer Financial Protection (Parts 1000--
                1099)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XII  Federal Housing Finance Agency (Parts 1200--1299)
      XIII  Financial Stability Oversight Council (Parts 1300--
                1399)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)

[[Page 707]]

        XV  Department of the Treasury (Parts 1500--1599)
       XVI  Office of Financial Research (Parts 1600--1699)
      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--1199)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Industry and Security, Department of 
                Commerce (Parts 700--799)
      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        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)

[[Page 708]]

       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399)

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  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)

[[Page 709]]

         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Office of Workers' Compensation Programs, 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)
         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  Millennium 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)

[[Page 710]]

       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
        IV  Office of Housing and Office of Multifamily Housing 
                Assistance Restructuring, Department of Housing 
                and Urban Development (Parts 400--499)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--1699)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XV  Emergency Mortgage Insurance and Loan Programs, 
                Department of Housing and Urban Development (Parts 
                2700--2799) [Reserved]
        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) [Reserved]
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

[[Page 711]]

                           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--End)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of the Treasury (Parts 1--399)
        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department of Justice (Parts 400--699)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--299)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)
      VIII  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts 900--999)
        XI  Department of Justice and Department of State (Parts 
                1100--1199)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)

[[Page 712]]

        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  Bureau of Safety and Environmental Enforcement, 
                Department of the Interior (Parts 200--299)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
         V  Bureau of Ocean Energy Management, Department of the 
                Interior (Parts 500--599)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)
       XII  Office of Natural Resources Revenue, Department of the 
                Interior (Parts 1200--1299)

                 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)

[[Page 713]]

      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)
         X  Financial Crimes Enforcement Network, Department of 
                the Treasury (Parts 1000--1099)

                      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)
        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)

[[Page 714]]

        IV  Office of Career, Technical and Adult Education, 
                Department of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599) 
                [Reserved]
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799) 
                [Reserved]
            Subtitle C--Regulations Relating to Education
        XI  [Reserved]
       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)

             Title 37--Patents, Trademarks, and Copyrights

         I  United States Patent and Trademark Office, Department 
                of Commerce (Parts 1--199)
        II  U.S. Copyright Office, Library of Congress (Parts 
                200--299)
       III  Copyright Royalty Board, Library of Congress (Parts 
                300--399)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--199)
        II  Armed Forces Retirement Home (Parts 200--299)

[[Page 715]]

                       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)
      VIII  Gulf Coast Ecosystem Restoration Council (Parts 1800--
                1899)

          Title 41--Public Contracts and Property Management

            Subtitle A--Federal Procurement Regulations System 
                [Note]
            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)
   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)
  103--104  [Reserved]
       105  General Services Administration (Parts 105-1--105-999)
       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
  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)

[[Page 716]]

       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--599)
         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 400--999)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10099)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency, Department of 
                Homeland Security (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)

[[Page 717]]

        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
        IX  Denali Commission (Parts 900--999)
         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  Administration for Children and Families, Department 
                of Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission on Fine Arts (Parts 2100--2199)
     XXIII  Arctic Research Commission (Part 2301)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Homeland Security (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)
        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)

[[Page 718]]

         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)
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399) 
                [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)

[[Page 719]]

        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 (Parts 1000--1399)
        XI  Research and Innovative Technology Administration, 
                Department of Transportation (Parts 1400--1499) 
                [Reserved]
       XII  Transportation Security Administration, Department of 
                Homeland Security (Parts 1500--1699)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)
        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

[[Page 721]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of July 1, 2017)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Committee of the Federal Register  1, I
Administrative Conference of the United States    1, III
Advisory Council on Historic Preservation         36, VIII
Advocacy and Outreach, Office of                  7, XXV
Afghanistan Reconstruction, Special Inspector     5, LXXXIII
     General for
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              2, VII; 22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department                            2, IV; 5, LXXIII
  Advocacy and Outreach, Office of                7, XXV
  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
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force Department                              32, VII
  Federal Acquisition Regulation Supplement       48, 53
Air Transportation Stabilization Board            14, VI
Alcohol and Tobacco Tax and Trade Bureau          27, I
Alcohol, Tobacco, Firearms, and Explosives,       27, II
     Bureau of
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII

[[Page 722]]

Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
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
Career, Technical and Adult Education, Office of  34, IV
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chemical Safety and Hazardous Investigation       40, VI
     Board
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X, XIII
Civil Rights, Commission on                       5, LXVIII; 45, VII
Civil Rights, Office for                          34, I
Council of the Inspectors General on Integrity    5, XCVIII
     and Efficiency
Court Services and Offender Supervision Agency    5, LXX
     for the District of Columbia
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce Department                               2, XIII; 44, IV; 50, VI
  Census Bureau                                   15, I
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 13
  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
  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 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 Financial Protection Bureau              5, LXXXIV; 12, X
Consumer Product Safety Commission                5, LXXI; 16, 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    5, LXX; 28, VIII
     for the District of Columbia
Customs and Border Protection                     19, I
Defense Contract Audit Agency                     32, I

[[Page 723]]

Defense Department                                2, XI; 5, XXVI; 32, 
                                                  Subtitle A; 40, VII
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III; 
                                                  48, 51
  Defense Acquisition Regulations System          48, 2
  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  National Imagery and Mapping Agency             32, I
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 2, XI; 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
Denali Commission                                 45, IX
District of Columbia, Court Services and          5, LXX; 28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          2, XXXIV; 5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Career, Technical and Adult Education, Office   34, IV
       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
  Career, Technical, and Adult Education, Office  34, IV
       of
Educational Research and Improvement, Office of   34, VII
Election Assistance Commission                    2, LVIII; 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                             2, IX; 5, XXIII; 10, II, 
                                                  III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Environmental Protection Agency                   2, XV; 5, LIV; 40, I, IV, 
                                                  VII
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                2, Subtitle A; 5, III, 
                                                  LXXVII; 14, VI; 48, 99

[[Page 724]]

  National Drug Control Policy, Office of         2, XXXVI; 21, III
  National Security Council                       32, XXI; 47, 2
  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                       5, XXXVII; 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                    5, LXXX; 12, XII
Federal Housing Finance Board                     12, IX
Federal Labor Relations Authority                 5, XIV, XLIX; 22, XIV
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
Financial Crimes Enforcement Network              31, X
Financial Research Office                         12, XVI
Financial Stability Oversight Council             12, XIII
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
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

[[Page 725]]

Forest Service                                    36, II
General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Management Regulation                   41, 102
  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
Gulf Coast Ecosystem Restoration Council          2, LIX; 40, VIII
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, XIII
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  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; 5, XXXVI; 6, I; 8, 
                                                  I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection                   19, I
  Federal Emergency Management Agency             44, I
  Human Resources Management and Labor Relations  5, XCVII
       Systems
  Immigration and Customs Enforcement Bureau      19, IV
  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
Immigration and Customs Enforcement Bureau        19, IV
Immigration Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII
Independent Counsel, Offices of                   28, VI

[[Page 726]]

Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
Industry and Security, Bureau of                  15, VII
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII, XV
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Interior Department                               2, XIV
  American Indians, Office of the Special         25, VII
       Trustee
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Natural Resource Revenue, Office of             30, XII
  Ocean Energy Management, Bureau of              30, V
  Reclamation, Bureau of                          43, I
  Safety and Enforcement Bureau, Bureau of        30, II
  Secretary of the Interior, Office of            2, XIV; 43, Subtitle A
  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 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, XXVIII; 5, XXVIII; 28, 
                                                  I, XI; 40, IV
  Alcohol, Tobacco, Firearms, and Explosives,     27, II
       Bureau of
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             31, IX
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration Review, Executive Office for        8, V
  Independent Counsel, Offices of                 28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor Department                                  2, XXIX; 5, XLII
  Employee Benefits Security Administration       29, XXV
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Employment Standards Administration             20, VI

[[Page 727]]

  Federal Acquisition Regulation                  48, 29
  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Public Contracts                                41, 50
  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, VII
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 Royalty Board                         37, III
  U.S. Copyright Office                           37, II
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
Military Compensation and Retirement              5, XCIX
     Modernization Commission
Millennium Challenge Corporation                  22, XIII
Mine Safety and Health Administration             30, I
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   2, XXII; 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                    5, C; 34, XII
National Counterintelligence Center               32, XVIII
National Credit Union Administration              5, LXXXVI; 12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
National Drug Control Policy, Office of           2, XXXVI; 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 Geospatial-Intelligence Agency           32, I
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 of Food and Agriculture        7, XXXIV
National Institute of Standards and Technology    15, II
National Intelligence, Office of Director of      5, IV; 32, XVII
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV
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

[[Page 728]]

National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       2, XXV; 5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI
National Security Council and Office of Science   47, II
     and Technology Policy
National Telecommunications and Information       15, XXIII; 47, III, IV
     Administration
National Transportation Safety Board              49, VIII
Natural Resources Conservation Service            7, VI
Natural Resource Revenue, Office of               30, XII
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                     2, XX; 5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Ocean Energy Management, Bureau of                30, V
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Patent and Trademark Office, United States        37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       2, XXXVII; 22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 5, IV; 45, 
                                                  VIII
  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
Privacy and Civil Liberties Oversight Board       6, X
Procurement and Property Management, Office of    7, XXXII
Productivity, Technology and Innovation,          37, IV
     Assistant Secretary
Public Contracts, Department of Labor             41, 50
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Relocation Allowances                             41, 302
Research and Innovative Technology                49, XI
     Administration
Rural Business-Cooperative Service                7, XVIII, XLII
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII
Safety and Environmental Enforcement, Bureau of   30, II
Saint Lawrence Seaway Development Corporation     33, IV

[[Page 729]]

Science and Technology Policy, Office of          32, XXIV
Science and Technology Policy, Office of, and     47, II
     National Security Council
Secret Service                                    31, IV
Securities and Exchange Commission                5, XXXIV; 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 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
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
  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                               2, X;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                   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
  Financial Crimes Enforcement Network            31, X
  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
U.S. Copyright Office                             37, II
Utah Reclamation Mitigation and Conservation      43, III
   Commission
[[Page 730]]

Veterans Affairs Department                       2, VIII; 38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training Service,        41, 61; 20, IX
     Office of the Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I, VII
World Agricultural Outlook Board                  7, XXXVIII

[[Page 731]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations (CFR) that 
were made by documents published in the Federal Register since January 
1, 2012 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, parts and 
subparts as well as sections for revisions.
For changes to this volume of the CFR prior to this listing, consult the 
annual edition of the monthly List of CFR Sections Affected (LSA). The 
LSA is available at www.fdsys.gov. For changes to this volume of the CFR 
prior to 2001, see the ``List of CFR Sections Affected, 1949-1963, 1964-
1972, 1973-1985, and 1986-2000'' published in 11 separate volumes. The 
``List of CFR Sections Affected 1986-2000'' is available at 
www.fdsys.gov.

                                  2012

   (Regulations published from January 1, 2012, through July 1, 2012)

33 CFR
                                                                   77 FR
                                                                    Page
Chapter I
1.05-1 (e)(1)(vii) added; (j) amended..............................37309
1.07-1--1.07-100 (Subpart 1.07) Authority citation revised.........37309
2.30 (b) amended...................................................37309
27.3 Revised.......................................................37309
40 Authority citation revised......................................37312
45 Authority citation revised......................................37312
66.01-1 (a) revised................................................37312
66.01-5 Introductory text amended..................................37312
66.10-1 (a) and (b) redesignated as (b) and (c); new (a) added.....37312
80 Authority citation revised......................................37312
80.155 (g) amended.................................................37312
80.825 (d) and (e) removed.........................................37312
83.10 (l) revised..................................................37312
83.27 (f) amended..................................................37313
84.01 (b) amended..................................................37313
84.03 (f)(2) amended...............................................37313
84.07 (a) and (b) amended..........................................37313
84.15 (a) revised..................................................37313
    (a) correctly revised..........................................42637
84.17 (c) Note amended.............................................37313
85 Authority citation revised......................................37313
85.1 Amended.......................................................37313
100 Policy statement...............................................46285
100 Temporary regulations list......................................6007
100.35T01-0100 Added (temporary)...................................35842
100.35T01-0111 Added (temporary)...................................39635
100.35T01-0629 Added (temporary)...................................43161
100.35T05-0123 Added (temporary)...................................27623
100.35-T05-0169 Added (temporary)..................................35267
100.35T-05-0174 Added (temporary)..................................33092
100.35-T05-0197 Added (temporary)..................................34217
100.35T05-0264 Added (temporary)...................................47281
100.35T05-0276 Added (temporary)...................................39632
100.35T05-0482 Added (temporary)...................................47522
100.35T05-1120 Added (temporary)...................................15604
100.35T05-1176 Added (temporary)...................................23601
100.35T07-0020 Added (temporary)...................................19936
100.35T07-0039 Added (temporary)...................................19537
100.35T07-0083 Added (temporary)...................................14967
100.35T07-0201 Added (temporary)...................................37812

[[Page 732]]

100.35T07-0252 Added (temporary)...................................23122
100.35T07-0452 Added (temporary)...................................59550
100.35T07-0559 Added (temporary)...................................63722
100.35T07-0721 Added (temporary)...................................63724
100.35T07-0728 Added (temporary)...................................60304
100.35T07-0898 Added (temporary)...................................70683
100.35T07-1020 Added (temporary)...................................75552
100.35T07-1095 Added (temporary)...................................15260
100.35T08-0030 Added (temporary)...................................14965
100.35T08-0088 Added (temporary)...................................15599
100.35T08-0168 Added (temporary)...................................23125
100.35T08-0170 Added (temporary)...................................25077
100.35T08-0218 Added (temporary)...................................23127
100.35T08-0312 Added (temporary)...................................39395
100.35T08-0785 Added (temporary)....................................2450
100.35T09-0340 Added (temporary)...................................25075
100.35T09-0342 Added (temporary)...................................25079
100.100 Added.......................................................6956
    Implementation (temporary).....................................31188
100.101 Removed.....................................................6958
100.102 Removed.....................................................6958
100.105 Removed.....................................................6958
100.106 Removed.....................................................6958
100.112 Removed....................................................30190
100.113 Removed....................................................30190
100.114 Table amended........................................6958, 30190
100.116 Removed....................................................30190
100.119 Implementation (temporary).................................27115
100.120 Revised....................................................23603
    Implementation (temporary).....................................30891
100.121 Removed.....................................................6958
100.122 Removed.....................................................6958
100.124 Removed.....................................................6958
100.501 Revised.....................................................2632
    Table amended (temporary); interim.............................14962
    Table amended (temporary)......................................25072
    Table amended (temporary)......................................43513
100.701 Implementation (temporary).................................65815
100.801 Table 1 revised............................................12459
    Implementation (temporary).......................15604, 23118, 23119
    Regulation at 77 FR 12459 confirmed; Table 1 correctly amended
                                                                   28766
    Implementation in part (temporary).............................31493
    Implementation (temporary).....................................47519
100.901 Table 1 amended............................................37313
100.902 Added; eff. 7-21-12........................................36392
100.912 Heading revised............................................37313
100.914 Implementation (temporary).................................37807
100.915 Implementation (temporary).................................37807
100.916 (a) amended................................................37313
100.919 Implementation (temporary).................................37807
100.920 Implementation (temporary).................................37807
100.921 Added......................................................71532
100.1101 Implementation (temporary)..................66713, 72956, 72957
100.1102 Implementation (temporary).........................67563, 70121
100.1105 (c)(1) revised............................................43164
    (c)(1) and (2) implementation (temporary)......................59749
100.1301 Implementation (temporary)................................39635
100.1303 Implementation (temporary)................................33307
100.1306 Implementation (temporary)................................23120
100.1308 Implementation (temporary)................................30891
    Implementation (temporary).....................................55138
100.1309 Implementation (temporary)................................43513
100.T01-0066 Added (temporary).....................................33969
100.T01-0073 Added (temporary).....................................39397
100.T01-0405 Added (temporary).....................................39400
100.T08-0085 Added (temporary).....................................15602
100.T09-0556 Added (temporary).....................................37810
100.T09-0700 Added (temporary).....................................47524
100.T11-0551A Added (temporary)....................................41906

[[Page 733]]

    Revised (temporary)............................................50376
100.T11-0551B Added (temporary)....................................41907
    (d)(6) correctly amended (temporary)...........................73312
101.510 Revised....................................................37313
104 Policy statement...............................................62434
110 Authority citation revised.....................................37313
110.9 Revised; eff. 7-30-12........................................25590
110.95 Revised.....................................................22491
110.112 Removed....................................................22492
110.145 (a)(4) introductory text and (d)(2) revised; (a)(4)(iii) 
        and (iv) added..............................................6011
    (a)(2)(ii) removed.............................................43517
110.149 Added......................................................43517
110.155 (a)(2) Note, (3) Note, (f)(3) Note and (h)(4) Note revised
                                                                   37313
110.156 (b)(1) amended.............................................37313
110.228 (a)(10) revised; (a)(11) added.............................50916
114.05 Revised.....................................................37313
114.20 (a) amended.................................................37314
114.50 Amended.....................................................37314
115 Authority citation revised..............................37314, 42637
115.01 Amended.....................................................37314
115.05 Amended.....................................................37314
115.40 Amended.....................................................37314
115.50 (h)(1) amended..............................................37314
115.60 Heading revised; (a) and (d)(3) amended.....................37314
    Heading correctly revised......................................42637
116 Authority citation revised.....................................37314
116.15 (a) amended.................................................37314
117 Temporary drawbridge operations regulations.....419, 420, 423, 1405, 
            1406, 1407, 3607, 3608, 4247, 5184, 5185, 5186, 5398, 6012, 
             6013, 6465, 6962, 6963, 10371, 10372, 10960, 12475, 12476, 
         14689, 14690, 16927, 16928, 17332, 18105, 19937, 20716, 20718, 
         22216, 22217, 24146, 24147, 25079, 25590, 25591, 25592, 25889, 
         25890, 26437, 27115, 27624, 28488, 29895, 29897, 31724, 32393, 
           32394, 33307, 34797, 35843, 36393, 37316, 37317, 38004, 38482
117 Temporary drawbridge operations regulations.....40265, 40266, 40509, 
         41685, 42432, 42433, 42637, 43164, 44139, 44142, 44143, 44463, 
         45247, 46285, 46286, 47282, 47524, 47525, 50016, 50017, 51470, 
         51699, 51700, 52599, 53141, 55416, 56115, 57019, 57022, 58491, 
         58773, 59082, 60896, 63725, 64036, 64411, 65619, 66714, 69562, 
                         69564, 69759, 69761, 72737, 74586, 75553, 75556
    Temporary regulations list......................................6007
117.101 (b) and (c) redesignated as (c) and (d); new (b) added.....57024
117.106 Added......................................................57028
117.118 Added......................................................57026
117.189 Revised....................................................74777
117.253 (b)(1)(iv) revised.........................................14970
117.258 Revised....................................................75556
117.325 (a) amended................................................37314
117.435 Existing text designated as (b); (a) added.................57021
117.449 Revised....................................................57494
117.465 (a) introductory text and (3) revised......................43167
117.541 Redesignated as 117.566....................................37314
117.566 Redesignated from 117.541; heading and (a) revised.........37314
117.571 Introductory text amended..................................37314
117.647 Revised....................................................21866
117.715 Redesignated as 117.719....................................37314
117.718 Redesignated from 117.719..................................37314
117.719 Redesignated as 117.718; new 117.719 redesignated from 
        117.715; heading revised...................................37314
117.745 Heading revised; (b) introductory text amended.............37314
117.751 Introductory text and (a) revised..........................70373
117.799 (d) suspended; (k) added (temporary).........................423
    (e) suspended; (k) added; interim; eff. 4-23-12 through 5-15-
13.................................................................22495
117.821 (a)(4) revised.............................................50378
    (c) added (temporary)..........................................63727
117.822 Removed....................................................37315
    Redesignated from 117.823......................................37315
    Revised........................................................50378
117.823 Redesignated as 117.822; new 117.823 added.................37315
117.829 (a)(4) revised.............................................50378
117.905 (e) revised................................................63729
117.965 Amended....................................................37315
117.999 Revised....................................................20718
117.1007 (b) revised; (c) removed; interim.........................52604
117.1045 (b) and (c) redesignated as (c) and (d); new (b) added....28769
117.1081 Revised...................................................69761
117.1101 Revised...................................................44142
118.3 (b) amended..................................................37315
118.160 (b) amended................................................37315

[[Page 734]]

                                  2013

33 CFR
                                                                   78 FR
                                                                    Page
Chapter I
1.05-1 (j) amended.................................................39170
1.05-10 (a) amended................................................39170
3.01-1 (d)(1) amended; (d)(3) added................................39170
3.25-10 Revised....................................................73440
3.25-15 Revised....................................................73440
3.55-25 Added......................................................39170
3.65-20 Added......................................................39170
6.01-3 Revised.....................................................39170
13.01-15 (d) amended...............................................39170
64.11 Revised......................................................77590
64.13 Revised......................................................77590
72.01-5 Note removed; (b) and (c) revised..........................39170
72.01-10 Note removed; (b) and (c) revised.........................39170
72.01-25 (b) and (c) revised.......................................39171
72.01-35 Removed...................................................39171
72.01-40 (c) amended...............................................39171
72.05-5 Amended....................................................39171
72.05-10 Note amended..............................................39171
80.110 (b) amended.................................................39171
80.115 (b) amended.................................................39171
80.120 (b) amended.................................................39171
80.145 (b) and (c) amended.........................................39171
80.501 (d) amended.................................................39171
80.505 (c) amended.................................................39171
80.520 Revised.....................................................39171
80.525 (c) amended; (d) and (e) revised............................39171
80.530 (a) amended.................................................39171
80.703 (f) revised.................................................39171
80.707 (a) and (b) revised.........................................39171
80.712 (a) and (f) revised.........................................39171
80.715 Revised.....................................................39171
80.717 (c) and (d) amended.........................................39171
80.720 (a) amended; (b) revised....................................39172
80.735 (a) and (f) revised.........................................39172
80.738 (b) amended.................................................39172
80.740 Revised.....................................................39172
80.745 (a) and (c) amended.........................................39172
80.748 (d) amended.................................................39172
80.757 (g) and (h) revised.........................................39172
80.805 (d) revised.................................................39172
80.830 (a) revised.................................................39172
80.835 (a) and (f) revised.........................................39172
80.1110 Amended....................................................39172
83.10 (l) amended..................................................39172
83.38 (d)(5) and (6) amended.......................................39172
100 Policy statement...............................................10523
    Temporary regulations list.....................................32990
100.35T01-0447 Added (temporary)...................................41303
100.35T05-0114 Added (temporary)...................................38579
100.35T05-0118 Added (temporary)...................................34883
100.35T05-0156 Added (temporary)...................................33220
100.35T05-0402 Added (temporary)...................................33702
100.35-T05-0489 Added (temporary)..................................40393
100.35T07-0047 Added (temporary)...................................17089
100.35T07-0071 Added (temporary)...................................25576
100.35T07-0101 Added (temporary)...................................59821
100.35T07-0102 Added (temporary)...................................34886
100.35T07-0150 Added (temporary)...................................18477
100.35T07-0160 Added (temporary)...................................33223
100.35T07-0171 Added (temporary)...................................34572
100.35T07-0180 Added (temporary)...................................57063
100.35T07-0250 Added (temporary)...................................33971
100.35T07-0297 Added (temporary)...................................26248
100.35T07-0552 Added (temporary)...................................22195
100.35T07-0652 Added (temporary)...................................57065
100.35T07-1073 Added (temporary)...................................18237
100.35T07-1079 Added (temporary)...................................16782
100.35T09-0327 Added (temporary)...................................36426
100.100 Table and (c) revised......................................31404
    Implementation (temporary)..............................34573, 46809
100.120 Implementation (temporary)..........................35135, 35143
    Table revised..................................................47557
100.501 Table revised..............................................29632
    Table amended (temporary).................33218, 34881, 54573, 73440
100.701 Implementation (temporary).....22777, 34886, 35756, 38829, 67026
100.801 Implementation (temporary)..........................54168, 55214
100.902 Implementation (temporary).................................42451
100.903 Revised....................................................48313
100.904 Removed....................................................48313

[[Page 735]]

100.905 Revised....................................................48313
100.906 Revised....................................................48313
100.907 Revised....................................................48313
100.909 Revised....................................................48314
100.914 Implementation (temporary).................................41299
100.915 Implementation (temporary).................................41299
100.918 Implementation (temporary).................................41299
100.919 Implementation (temporary).................................41299
100.921 Implementation (temporary).................................35135
100.1101 Implementation (temporary)...........17598, 66844, 68995, 72019
100.1102 Implementation (temporary).........................13811, 59230
    Table 1 suspended in part......................................71495
100.1301 Implementation (temporary)................................38829
100.1306 Implementation (temporary)................................27032
100.T01-1057 Added (temporary).....................................34889
100.T07-0030 Added (temporary).....................................21260
100.T07-0052 Added (temporary).....................................28494
100.T07-0081 Added (temporary).....................................19102
100.T08-0015 Added (temporary).....................................23845
100.T08-0190 Added (temporary).....................................24067
100.T08-0718 Added (temporary).....................................54170
100.T08-0721 Added (temporary).....................................54571
100.T08-0753 Added (temporary).....................................62331
100.T09-0211 Added (temporary).....................................24065
100.T09-0287 Added (temporary).....................................25574
100.T09-0368 Added (temporary).....................................38582
100.T09-0434 Added (temporary).....................................34570
100.T09-0839 Added (temporary).....................................58877
100.T11-0551B (a)(1) and (d)(6) revised; interim (temporary).......39591
100.T11-607 Added..................................................71495
101.105 Amended....................................................39172
101.115 (a) amended................................................39173
101.120 (b)(1), (c), (d)(2) and (f) amended........................39173
101.125 Removed....................................................39173
101.130 (a) amended................................................39173
101.200 (c) and (d) revised........................................39173
101.205 Removed....................................................39173
101.420 (b), (c) and (d) amended...................................39173
101.510 (a) amended................................................39173
104.130 Amended....................................................39173
104.200 (b)(7) amended.............................................39173
104.205 (b)(1) and (3) amended.....................................39173
104.267 (b)(2) amended.............................................39173
104.410 (a)(2) amended.............................................39173
105.130 Amended....................................................39173
105.200 (b)(9) amended.............................................39173
105.257 (b)(2) amended.............................................39173
    (b)(2) correctly amended.......................................41305
105.400 (b) amended................................................39173
105.410 (a)(2) amended.............................................39173
106.410 (a)(2) amended.............................................39173
110 Technical correction...........................................12234
110.60 (c)(12), (13), (d)(8)(i) and (ii) added.....................51064
110.155 (h)(5) and (6) added.......................................39173
    (l)(8) revised.................................................51064
110.195 (a)(34) added..............................................11747
110.220 Revised....................................................67303
110.229 Removed.....................................................9813
110.230 Heading and (a) revised.....................................9813
114.01 (b) amended.................................................39174
114.10 Amended.....................................................39174
114.25 Amended.....................................................39174
114.50 Amended.....................................................39174
115.60 (e) amended.................................................39174
115.70 (a) and (b) amended.........................................39174
116.10 (c) amended.................................................39174
116.15 (c) and (d) amended.........................................39174
116.20 (a) and (b) amended.........................................39174
116.25 (a) amended.................................................39174
116.30 Heading, (a), (d), (e) and (g) amended......................39174
116.35 (c) amended.................................................39174
116.40 Amended.....................................................39174
116.45 (a) amended.................................................39174
116.55 (a) and (b) amended.........................................39174
117 Temporary drawbridge operations regulations...669, 3836, 4070, 6208, 
            9587, 9588, 9814, 10523, 10524, 11094, 11747, 14185, 14446, 
         15292, 15293, 15878, 15879, 16410, 16411, 18477, 18478, 18479, 
         18480, 18481, 18848, 18849, 19415, 19585, 21063, 21064, 21537, 
         22423, 23134, 23487, 23488, 23489, 23845, 23846, 24676, 26248, 
         26249, 26508, 28139, 29020, 29646, 29647, 29648, 31414, 31840, 
         33223, 33971, 34892, 34893, 35756, 35757, 35758, 36653, 36654, 
                                                     36655, 37455, 37456

[[Page 736]]

    Temporary drawbridge operations regulations.....39591, 40393, 40632, 
         40960, 41843, 42010, 42011, 42452, 43063, 43796, 44881, 45056, 
         45863, 46258, 47191, 48314, 48315, 48608, 48609, 49920, 52694, 
         53664, 53665, 55214, 55215, 56609, 56610, 58458, 59625, 62439, 
         64178, 64886, 64887, 65873, 65874, 66265, 66266, 67027, 67938, 
           69995, 70496, 72022, 72817, 76195, 76750, 77590, 77591, 79312
117.35 (a) amended.................................................39174
117.213 Revised....................................................13481
117.237 (c) revised................................................61182
117.393 (d) amended................................................39174
117.415 (b) removed; (c) redesignated as new (b)...................21841
117.425 Amended....................................................39174
117.427 Removed....................................................21841
117.465 (a)(6) revised.............................................56607
117.493 (b) revised................................................13243
117.585 (a) revised................................................39174
117.619 (f) added..................................................49920
117.723 (i) added (temporary)......................................70219
117.739 (b) suspended; (p) added...................................72022
117.785 Revised....................................................72025
117.791 (e) revised; (f) removed...................................56609
117.799 (i) revised.................................................6730
117.821 (a)(4) suspended; (a)(6) added (temporary).................23849
117.893 (a) suspended; (d) added (temporary).......................70222
117.966 Suspended 5-6-13 through 7-8-14 (temporary)................20454
117.T966 Added (Temporary).........................................20454
117.993 (c) revised; (d) removed...................................14446
117.997 (c)(2)(ii) amended.........................................39174
117.1007 Regulation at 77 FR 52604 confirmed.......................17094
117.1061 (b) revised...............................................31414
117.1107 Revised...................................................53668
118.3 (b) amended..................................................39175

                                  2014

33 CFR
                                                                   79 FR
                                                                    Page
Chapter I
1.05-20 (a) amended................................................38427
1.10-1--1.10-5 (Subpart 1.10) Authority citation revised...........38427
1.10-5 (a) amended.................................................38427
1.26-5 (b) amended.................................................38427
3.05-20 Amended....................................................38427
3.40-28 Introductory text amended..................................38427
8.7 (a) amended....................................................38427
13.01-15 (a) amended...............................................38427
19.06 (b) and (d) amended..........................................38427
23 Authority citation revised......................................38427
23.10 (d) amended..................................................38427
23.12 (c) amended..................................................38428
25.103 Amended.....................................................38428
25.111 (b)(3) revised..............................................38428
26.08 (c) introductory text amended................................38428
27.3 Table 1 revised...............................................38428
51.9 (b) amended...................................................38431
52.21 (a) amended..................................................38431
67.10-25 (a) introductory text amended.............................38431
80.160 (c) amended.................................................38431
80.712 Revised.....................................................38431
    Correctly revised..............................................58681
80.815 (b) amended.................................................38431
80.1420 Revised....................................................38431
80.1430 Revised....................................................38431
80.1440 Revised....................................................38431
80.1450 Revised....................................................38431
80.1460 Revised....................................................38431
80.1470 Revised....................................................38431
81.18 (b) amended..................................................38431
83 Revised.........................................................37912
83.06 (a)(iv) amended..............................................68621
83.18 (e) and (f)(ii) amended......................................68621
83.22 (c) revised..................................................68621
83.24 (g)(iii) amended.............................................68622
83.27 (b)(iii) and (e)(ii) amended.................................68622
83.30 Heading revised..............................................68622
83.35 (h) amended..................................................68622
84 Revised.........................................................37921
84.02 (j) amended..................................................68622
84.13 (a) amended..................................................38431
85 Removed.........................................................37924
86 Revised.........................................................37924
87 Revised.........................................................37925
88 Revised.........................................................37925
88.07 (a) amended..................................................68622
89.18 (a) amended..................................................38431
89.25 (h) revised..................................................38432
96 Authority citation revised......................................38432
96.130 (a) amended.................................................38432
96.400 (b) amended.................................................38432
96.430 (a) amended.................................................38432
96.460 (a)(3) amended..............................................38432
96.495 (a) and (c) amended; (b) revised............................38432
100 Temporary regulations list..............................43935, 68362
    Authority citation revised..............................48067, 48977

[[Page 737]]

100.35T01-0250 Added (temporary)...................................29090
100.35T01-0446 Added (temporary)...................................47000
100.35T01-0717 Added (temporary)...................................51481
100.35-T05-0056 Added (temporary)..................................28430
100.35-T05-0138 Added (temporary)..................................34415
100.35T05-0200 Added (temporary)...................................51897
100.35-T05-1059 Added (temporary)..................................18169
100.35T07-0001 Added (temporary)...................................18450
100.35T07-0073 Added (temporary)...................................35950
100.35T07-0089 Added (temporary)...................................25680
100.35T07-0643 Added (temporary)...................................49231
100.35T07-0691 Added (temporary)...................................53293
100.100 Implementation (temporary)..........................29091, 45093
100.119 Implementation (temporary).................................26373
100.120 Table revised..............................................18171
    Implementation (temporary)..............................28834, 38459
100.501 Table revised.......................................30029, 42200
    Table amended (temporary)........................48067, 48070, 48977
100.701 Implementation (temporary)............16198, 20783, 35681, 57439
100.719 Removed....................................................43935
100.720 Revised....................................................43935
100.801 Table 1 revised; tables 2 through 7 added; interim.........22387
    Implementation (temporary)........39974, 49683, 51101, 59647, 16980, 
                                                                   22097
100.903 Implementation (temporary).................................32863
100.909 Implementation (temporary).................................36399
100.914 Implementation (temporary).................................38775
100.915 Implementation (temporary).................................38775
100.918 Implementation (temporary).................................38775
100.919 Implementation (temporary).................................38775
100.920 Implementation (temporary).................................38775
100.927 Added......................................................44692
100.928 Added......................................................44692
    Implementation (temporary).....................................54905
100.1101 Implementation (temporary).................................9085
    Revised.........................................................6459
    Implementation (temporary).........37950, 45092, 57798, 64510, 67353
100.1102 Revised....................................................6459
    Implementation (temporary)................15685, 18995, 27488, 57799
100.1104 Revised....................................................6465
100.1106 Added; interim............................................61765
100.1301 Implementation (temporary)................................44693
    (a) revised....................................................54907
100.T07-0005 Added (temporary).....................................36209
100.T07-0096 Added (temporary).....................................19480
100.T07-0097 Added (temporary).....................................32166
100.T07-0110 Added (temporary).....................................24334
100.T08-0323 Added (temporary).....................................35494
100.T08-0277 Added (temporary).....................................39974
100.T08-0489 Added (temporary).....................................48064
100.T09-0729 Added (temporary).....................................52558
104.130 Amended....................................................38432
104.400 (b) amended................................................38432
105.130 Amended....................................................38432
110 Authority citation revised.....................................38432
110.1 (a) revised..................................................38432
110.25 (f) removed.................................................38432
110.59 (c) revised.................................................38432
110.72d Revised.............................................38433, 62570
110.157 (b)(12) Added (temporary)...................................2374
110.214 (a)(2)(i) revised; (b)(1) removed..........................71657
110.220 Regulation at 78 FR 67303 eff. date confirmed...............7064
114.50 Amended.....................................................38433
116.15 (a) amended.................................................38433
116.45 (b) amended.................................................38433
116.55 (b) amended.................................................38433

[[Page 738]]

117 Temporary drawbridge operations regulations........1741, 2098, 3495, 
           3496, 4624, 5259, 5260, 7064, 7396, 7584, 8269, 8860, 10011, 
         10012, 10013, 11320, 11321, 12062, 12063, 12064, 13562, 14399, 
         15688, 15689, 16199, 17034, 18996, 20784, 20785, 20786, 21128, 
         21626, 21628, 22395--22398, 23913, 24567, 25681, 28431, 28432, 
         28433, 30728, 30729, 30730, 31865, 33695, 33696, 33863, 34227, 
           34228, 34415, 34416, 34419, 35043, 35287, 36400, 37196, 37197
117 Temporary drawbridge operations regulations.....37196, 37197, 39975, 
         40636, 40637, 40638, 41135, 41136, 41426, 41644, 43250, 43938, 
         43939, 45344, 45345, 46182, 46694, 49683, 49684, 50552, 51483, 
         51484, 53294, 56268, 56654, 56655, 58681, 59431, 59432, 62337, 
         62338, 62824, 62825, 62826, 63314, 65142, 65339, 66621, 68120, 
         68121, 68365, 68366, 69760, 72140, 72975, 73474, 73842, 74025, 
                                                     75430, 78303--78306
    Temporary regulations list..............................43935, 68362
117.35 (c)(2) and (f) revised......................................38433
117.143 Amended....................................................38433
117.233 (b) revised................................................15688
    (a) revised....................................................38433
117.261 (k) removed................................................29678
117.287 (b) revised................................................41643
    (g) revised....................................................44288
    (e) removed....................................................47003
117.458 (b) and (c) revised.........................................8269
117.505 (b), (c) and (d) redesignated as (c), (d) and (e); new (b) 
        added; interim..............................................8273
    Regulation at 79 FR 8273 confirmed.............................34227
117.511 Revised....................................................33863
117.547 Revised....................................................30728
117.531 (b) and (c) introductory text amended......................38433
117.559 (c) revised................................................35683
117.618 (b) revised................................................60977
117.718 (b) removed; (c) redesignated as new (b)...................24569
117.723 Revised; eff. 7-17-14......................................34418
117.729 (b) revised................................................44695
117.733 (h) removed; (i) through (m) redesignated as new (h) 
        through (l)................................................18183
    (c)(1) suspended; (c)(4) added (temporary).....................21628
117.741 (a) revised................................................44698
117.753 Removed....................................................18183
117.903 (a) revised................................................68776
117.966 Suspended (temporary)......................................32866
117.T966 Added (temporary).........................................32866
117.988 Added; interim.............................................56654
117.997 (a)(11) amended............................................38433
118.3 (b) and (c) amended..........................................38433
120.120 (a) amended................................................38433
120.220 (b) amended................................................38433
120.305 (a) amended................................................38434
120.309 Amended....................................................38434

                                  2015

33 CFR
                                                                   80 FR
                                                                    Page
Chapter I
3.35-1 (b) amended.................................................44278
3.35-35 Amended....................................................44278
3.40-1 (b) amended.................................................44278
3.40-5 Added.......................................................20162
3.40-10 Amended....................................................20163
    Amended........................................................44278
3.40-15 (a) amended................................................20163
3.40-28 (a) amended................................................20163
3.40-35 Amended....................................................20163
3.40-40 Amended....................................................20163
3.40-60 Amended....................................................20163
3.40-65 (a) amended................................................20163
5 Revised...........................................................3476
50 Authority citation revised......................................44278
50.1 (b) amended...................................................44278
50.3 (a) amended...................................................44279
50.5 (b)(6) revised................................................44279
50.6 Amended.......................................................44279
51 Authority citation revised......................................44279
52 Authority citation revised......................................44279
62 Authority citation revised.......................................5329
62.21 (c)(1) through (4) revised...................................44279
62.52 Added.........................................................5329
66.01-1 (d) removed.................................................5330
66.01-5 (i) revised.................................................5330
67.10-25 (a) amended...............................................44279
72.01-5 (b) and (c) revised........................................44279
72.01-25 (c) amended...............................................44279
72.01-40 Revised...................................................44279
72.05-1 (a) amended................................................44279
72.05-5 Removed....................................................44279
72.05-10 Revised...................................................44279
80.155 Revised.....................................................44280
80.160 Revised.....................................................44280
80.165 Revised.....................................................44280
80.170 Redesignated as 80.501......................................44280
80.501 Redesignated as 80.502; redesignated from 80.170 and 
        revised....................................................44280
80.502 Redesignated from 80.501 and revised........................44280
80.748 (f) amended.................................................44280

[[Page 739]]

82.5 Amended.......................................................44280
83.09 (d) revised..................................................44280
83.19 (d) amended..................................................44280
83.24 (h) amended..................................................44280
83.29 (a)(iii) amended.............................................44280
83.34 (d) amended..................................................44280
84.02 (f)(ii) amended..............................................44280
90.5 Amended.......................................................44281
96 Authority citation revised......................................44281
100 Temporary regulations list..............................63674, 63676
100 Authority citation revised.....................................67637
100.35-T05-0200 Added (temporary)..................................52998
100.35T-0185 Added (temporary).....................................20415
100.35T01-0125 Added (temporary)...................................28180
100.35T01-0457 Added (temporary); interim..........................38399
100.35T01-0705 Added (temporary)...................................48438
    Table corrected................................................50576
100.35T07-0018 Added (temporary)...................................16278
100.35T07-0045 Added (temporary)...................................42032
100.35T09-0190 Added (temporary)...................................20418
100.35T11-690 Added (temporary)....................................18312
100.100 Implementation (temporary).................................28556
100.120 Table revised..............................................27089
    Implementation (temporary).....................................44852
100.501 Table revised..............................................20422
    Table amended (temporary).................35238, 38396, 57719, 63918
100.701 Implementation (temporary)..........................69873, 76206
100.720 Revised....................................................50767
100.721 Added.......................................................3882
100.722 Added.......................................................4498
100.801 Implementation (temporary).................................28175
    Regulation at 79 FR 22387 confirmed............................50198
    Implementation (temporary).....................................52999
100.801T08-0337 Added (temporary)..................................49911
100.902 Implementation (temporary).................................39382
100.909 Implementation (temporary).................................36914
100.914 Implementation (temporary).................................35843
100.915 Implementation (temporary).................................35843
100.918 Implementation (temporary).................................35843
100.919 Implementation (temporary).................................35843
100.920 Implementation (temporary).................................35843
100.921 Implementation (temporary).................................38394
100.927 Implementation (temporary).................................38394
100.928 Implementation (temporary).................................38394
100.1101 Table 1 amended; interim (temporary).......................7800
    Implementation (temporary).....................................11547
    Implementation (temporary)..............................44852, 76860
    Table 1 suspended in part (temporary); interim.................45419
    Table 1 amended (temporary); interim...........................52996
100.1102 Implementation (temporary)..................15167, 27858, 32466
100.1104 (a) amended...............................................44281
100.1105 (a) amended...............................................44281
100.1106 Suspended; eff. 11-4-15 through 3-31-16...................67637
100.1301 Implementation (temporary)................................45416
100.1302 (c) revised; interim......................................30157
100.1303 Implementation (temporary)................................27086
100.1309 Implementation (temporary)................................53463
100.T07-0192 Added (temporary).....................................42034
100.T07-0340 Added (temporary).....................................35241
100.T11-739 Added; eff. 11-4-15 through 3-31-16....................67637
101.105 Amended.....................................................5330
101.514 (e) removed................................................44281
110.215 (b)(3) amended.............................................44281
110.155 (c)(2) and (f) revised; (c)(4) added........................2013
    (f)(2) correctly revised........................................3179
110.158 (b) amended.................................................5330
110.168 (b) amended.................................................5330
110.214 (a)(2)(ii) and (d)(1) amended...............................5330

[[Page 740]]

117 Temporary drawbridge operations regulations........1334, 2302, 2303, 
           2605, 3179, 5457, 6657, 6658, 6906, 7801, 7802, 9604, 11122, 
         11548, 12082, 12083, 12337, 12341, 12933, 13241, 13246, 13765, 
         13766, 14305, 14307, 14844, 16279, 16280, 18313, 19200, 19883, 
         19884, 20163, 22100, 22645, 23238, 23444, 23445, 24814, 25232, 
         25233, 25598, 26182, 26183, 26442, 27099, 28184, 28185, 28558, 
         29220, 29533, 29534, 30157, 30360, 30934, 31300, 31466, 31467, 
                         32312, 32467, 34315, 34833, 35243, 35570, 36713
117 Temporary drawbridge operations regulations.....39382, 39383, 46492, 
         47410, 47411, 47850, 47851, 47852, 48251, 48440, 48441, 48689, 
         50576, 50768, 51469, 51942, 52187, 52188, 52622, 52999, 53000, 
         53463, 53464, 54236, 55030, 55256, 55761, 55762, 55763, 57536, 
         57722, 58610, 58611, 60293, 60294, 61750, 62456, 62457, 63428, 
         63677, 63918, 63919, 64324, 65137, 65138, 67316, 68444, 69602, 
         72592, 75636, 75811, 76637, 76860, 77252, 78978, 79260, 79261, 
                                              79695, 80265, 80266, 81465
    Temporary regulations list..............................63674, 63676
117.215 (a) revised................................................35243
117.224 Revised........................................................4
117.269 Suspended; eff. 5-26-15 to 2-28-16.........................29946
117.287 (d)(4) revised.............................................14307
117.327 Removed....................................................27565
117.331 Suspended; eff. 9-18-15 to 5-10-16.........................56384
117.411 Revised....................................................81181
117.437 Redesignated as 117.438; new 117.437 added.................11550
117.438 Redesignated as 117.439; redesignated from 117.437.........11550
117.439 Redesignated as 117.440; redesignated from 117.438.........11550
117.440 Redesignated from 117.439..................................11550
117.467 (b) redesignated as (c); new (b) added; interim............81183
117.591 (e) amended................................................44281
117.605 Amended....................................................44281
117.633 (d) removed................................................34056
117.639 Removed....................................................17326
117.647 (a) amended................................................44281
117.687 Revised....................................................81181
117.729 (a) revised................................................22100
117.739 (n) removed; (o) through (t) redesignated as new (n) 
        through (s)................................................10591
117.745 (b) introductory text revised; (c) added...................57721
117.761 Removed....................................................45421
117.855 (c) revised................................................44281
117.875 Revised....................................................20439
117.988 (g) added..................................................22103
117.991 Added; interim.............................................39686
117.1007 (b)(2) amended.............................................5330
117.1041 (a)(2) revised............................................81185
117.1047 (c) suspended; (e) added (temporary)......................18116
117.1081 Amended...................................................44281
117.1089 (b) removed...............................................24816
117.T269 Added; eff. 5-26-15 to 2-28-16............................29946
117.T331 Added; eff. 9-18-15 to 5-10-16............................56384
118.120 Amended.....................................................5330

                                  2016

33 CFR
                                                                   81 FR
                                                                    Page
Chapter I
3.25-15 Amended....................................................38594
27.3 Revised; interim; eff. 8-1-16.................................43003
97 Added; interim..................................................28014
    Regulation at 81 FR 28014 confirmed............................45012
97.115 (a) correctly amended.......................................59136
100 Temporary regulations list..............................43947, 45018
100.35T01-0481 Added (temporary)...................................37512
100.35-T05-0306 Added (temporary)..................................26696
100.35T05-0355 Added (temporary)...................................36470
100.35-T05-1126 Added (temporary)..................................21464
100.35T07-0009 Added (temporary)...................................19040
100.35T07-0010 Added (temporary)...................................40187
100.35T07-0011 Added (temporary)...................................45014
100.35T07-0012 Added (temporary)...................................59479
100.35T07-0185 Added (temporary)...................................41217
100.35T07-1055 Added (temporary)...................................19038
100.35T08-0169 Added (temporary)...................................43490
100.35T08-0322 Added (temporary)...................................39186

[[Page 741]]

100.35T08-0541 Added (temporary)...................................53270
100.35T08-0666 Added (temporary)...................................68319
100.35T08-0717 Added (temporary)...................................63699
100.35T08-0864 Added (temporary)...................................63697
100.35T08-0887 Added (temporary)...................................68936
100.35T08-0932 Added (temporary)...................................78508
100.35T09-0208 Added (temporary)...................................22194
100.35T09-0209 Added (temporary)...................................23424
100.35T09-0463 Added (temporary)...................................37509
100.35T09-0516 Added (temporary)...................................39584
100.100 Table revised..............................................31857
100.119 Implementation (temporary).................................23425
100.120 Table revised..............................................36156
    Implementation (temporary).....................................43079
100.501 Revised; interim...........................................23610
    Implementation (temporary).....................................37156
    (d)(2) and table amended.......................................38594
    Revised........................................................63080
    Implementation (temporary).....................................73034
100.701 Table 1 revised; eff. 7-13-16..............................38074
    Implementation (temporary)..............................41215, 41217
    Implementation (temporary).......................63697, 73034, 76865
100.801 Table 1 revised............................................39189
    Implementation (temporary).....................................42506
    Implementation (temporary).......................50621, 55374, 62365
100.903 Implementation (temporary).................................37513
100.909 Implementation (temporary).................................23604
100.914 Implementation (temporary).................................39870
100.915 Implementation (temporary).................................39870
100.919 Implementation (temporary).................................39870
100.928 Implementation (temporary).................................39870
100.1101 Implementation (temporary).................................3962
    Implementation (temporary).......................58394, 78041, 87454
100.1102 Implementation (temporary)................................34895
    Implementation (temporary).....................................49164
    Table 1 amended (temporary)....................................64346
100.1301 Implementation (temporary)................................50319
100.1302 Implementation (temporary)................................34275
100.1303 Implementation (temporary)................................38951
100.T01-0324 Added (temporary).....................................36467
100.T01-0559 Added (temporary).....................................45017
100.T08-0276 Added (temporary).....................................29769
100.T08-0395 Added (temporary).....................................39193
100.T09-0797 Added (temporary).....................................54741
100.T13-0385 Added (temporary); interim............................35619
101.105 Amended....................................................57707
101.112 Added......................................................57708
101.514 (b) and (d) amended........................................57708
101.515 (a), (b)(1) and (c) amended; (d)(2) revised................57708
101.520 Added......................................................57708
101.525 Added......................................................57709
101.530 Added......................................................57709
101.535 Added......................................................57709
101.540 Added......................................................57709
101.550 Added......................................................57709
101.555 Added......................................................57710
103.505 (f) amended................................................57710
104.105 (d) amended................................................57710
104.110 (c) added..................................................57710
104.115 (c) revised; (d) removed...................................57710
104.120 (a) introductory text amended..............................57710
104.200 (b)(12) introductory text and (14) amended.................57710
104.215 (b)(5), (6) and (7) amended................................57710
104.235 (b)(7) and (8) amended; (b)(9) added; (c) revised..........57710
104.260 (b) amended................................................57710
104.263 Added......................................................57711
104.265 (c) and (d) removed; (e) through (h) redesignated as new 
        (c) through (f); (a)(4) and new (d)(1) revised; new 
        (e)(6), (7), new (f)(9) and (10) amended; (e)(8) and 
        (f)(11) added..............................................57711
104.267 (a) amended................................................57711

[[Page 742]]

104.292 (b) introductory text, (e)(3) and (f) amended..............57711
104.405 (a)(10) revised; (b) amended...............................57711
104.410 (a) introductory text, (b) and (c) introductory text 
        amended....................................................57711
105.110 Revised....................................................57711
105.115 Revised....................................................57712
105.120 Introductory text amended..................................57712
105.200 (b) introductory text, (6), (15) and (16) amended..........57712
105.225 (b)(7) and (8) amended; (b)(9) added; (c) revised..........57712
105.253 Added......................................................57712
105.255 (c) and (d) removed; (e) through (h) redesignated as new 
        (c) through (f); (a)(4) and new (d)(1) revised; new (d)(4) 
        introductory text, (vi), new (e)(6), (7), new (f)(8) and 
        (9) amended; (e)(8) and (f)(10) added......................57712
105.257 (a) amended................................................57712
105.290 (b) amended................................................57712
105.296 (a)(4) amended.............................................57713
105.405 (a)(10) revised; (b) amended...............................57713
105.410 (a) introductory text and (b) amended......................57713
106.110 Revised....................................................57713
106.115 Introductory text amended..................................57713
106.200 (b)(6) introductory text, (8), (9) and (12) amended........57713
106.258 Added......................................................57713
106.260 (c) and (d) removed; (e) through (h) redesignated as new 
        (c) through (f); new (d)(1) revised; new (e)(3), (4), new 
        (f)(7) and (8) amended; (e)(5) and (f)(9) added............57713
106.262 (a) amended................................................57713
106.405 (a)(10) revised; (b) amended...............................57713
106.410 (a) introductory text and (b) amended......................57713
110.55b Added......................................................12823
110.60 (d)(2) removed; (d)(3) through (10) redesignated as new 
        (d)(2) through (9); new (d)(2) note amended................18496
110.155 (a)(2) through (7), (b)(2), (h), (j)(3), (4) and (5) 
        removed; (f) and (j)(2) revised............................18496
110.157 (a)(11) revised............................................27017
    (a)(2), (4), (7), (9), (12), (13) and (14) revised.............85159
117 Temporary drawbridge operations regulations....10, 1121, 2089, 4191, 
            5039, 5040, 5041, 5916, 6178, 6758, 7207, 7208, 7974, 8645, 
             8841, 9109, 9338, 9770, 10086, 11668, 12007, 12824, 13274, 
         14732, 14733, 14976, 17386, 17387, 18749, 18750, 19040, 19041, 
         19488, 20529, 21269, 21465, 22194, 23631, 24022, 24490, 24491, 
         26129, 29496, 29770, 30178, 31171, 31861, 33391, 34275, 34276, 
         34277, 34895, 36470, 37156, 37157, 37158, 37513, 37514, 38595, 
                                38951, 39584, 40813, 42248, 42249, 42506
    Temporary regulations list..............................43947, 45018
    Temporary drawbridge operations regulations.....44541, 45232, 45971, 
         46599, 46833, 49164, 49898, 50320, 50621, 52335, 52769, 53270, 
         54741, 56504, 56505, 57800, 57801, 58395, 58846, 59137, 60620, 
         60621, 61615, 62367, 62368, 63700, 64347, 65283, 65548, 65888, 
         66807, 66808, 67170, 69678, 70013, 71612, 72526, 72527, 72693, 
         74681, 75327, 76512, 76513, 76866, 78912, 79393, 85160, 86579, 
         87454, 87455, 87812, 89007, 89382, 89861, 89862, 90198, 91810, 
                                       92663, 92664, 93819, 93820, 95040
117.23 (k) added (temporary).......................................62367
117.217 (b) revised................................................45022
117.233 Revised....................................................33591
117.293 Added; eff. 7-8-16.........................................36800
117.313 (c) revised; (e) added.....................................65547
117.331 Revised....................................................28718
117.525 Revised....................................................36167
117.585 (a) revised.................................................8843
117.635 Revised....................................................66810
117.647 (c) and (d) added..........................................11119
117.799 (j) removed................................................53271
    (j) removed; CFR correction....................................53271
117.899 (b) suspended; (d) added (temporary).......................28019
117.991 Regulation at 80 FR 39686 confirmed........................11435
117.1005 Revised...................................................21268
117.1087 (b) and (c) revised.......................................48329

[[Page 743]]

                                  2017

   (Regulations published from January 1, 2017, through July 1, 2017)

33 CFR
                                                                   82 FR
                                                                    Page
Chapter I
3.40-15 Amended....................................................27616
27.3 Regulation at 81 FR 43003 confirmed............................8579
    Revised.........................................................8581
100.35T05-0276 Removed; interim....................................26996
100.35T05-0482 Removed; interim....................................26996
100.35T07-0167 Added (temporary)...................................22416
100.35T07-0255 Added (temporary)...................................15997
100.35T08-0032 Added (temporary)...................................11402
100.35T08-0034 Added (temporary)...................................12414
100.35T08-0189 Added (temporary)...................................18223
100.35T08-0435 Added (temporary)...................................27618
100.35T17-0223 Added (temporary)...................................28772
100.110 Implementation (temporary).................................28005
100.119 (c) revised................................................23142
100.169 Added; eff. 7-31-17........................................29736
100.170 Added; eff. 7-14-17........................................27112
100.501 Implementation (temporary)..........................16105, 21117
    Revised........................................................26996
100.501-T05-0067 Added (temporary).................................18864
100.501T05-0077 Added (temporary)..................................18558
100.501T05-1086 Added (temporary)..................................17560
100.701 Implementation (temporary).................................18696
100.801 Implementation (temporary).................................12414
    Table 1 revised................................................25512
100.909 Implementation (temporary).................................19320
100.1101 Implementation (temporary)..........................8362, 15135
    Table 1 amended (temporary)....................................17753
100.T01-0949 Added (temporary).....................................23733
100.T08-0238 Added (temporary).....................................18395
100.T09-0217 Added (temporary).....................................15134
100.T09-0305 Added (temporary).....................................18862
100.T13-0207 Added (temporary).....................................25962
110.111 Revised.....................................................2896
110.138 Suspended..................................................23733
110.188 Revised; eff. 7-19-17......................................27775
110.195 (a)(12), (29) revised; (a)(35), (36) added; interim........27115
110.T01-0949 Added (temporary).....................................23733
117 Temporary drawbridge operations regulations.......8362, 9502, 10960, 
         10961, 11148, 11320, 12177, 12415, 13756, 13757, 13758, 14607, 
         14820, 14995, 15137, 15138, 15630, 15997, 15998, 16105, 16106, 
         16735, 16918, 17124, 17560, 17561, 17939, 18087, 18223, 18989, 
         18990, 19189, 19321, 19322, 19613, 20257, 20442, 21118, 21309, 
         21916, 22280, 22281, 22611, 22612, 23143, 24054, 24248, 24249, 
         25726, 25727, 26584, 26744, 26745, 26746, 27423, 28006, 28552, 
                                              28772, 28995, 29736, 29737
    Temporary drawbridge operations regulations corrected..........15137
117.261 (mm-1) added...............................................18992
117.304 Added......................................................18992
117.631 (a) revised................................................15137
117.718 (b) removed; (a) redesignated as undesignated text.........15291
117.899 (b) suspended; (d) added (temporary)........................9971
117.1101 Introductory text added; interim..........................11151


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